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HomeMy WebLinkAbout2016/09/21 - Agenda Packetcity of ANCHU ( YUCAMUNUA 10500 Civic Center Drive » Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 AGENDAS FIRE PROTECTION DISTRICT BOARD SUCCESSOR AGENCY PUBLIC FINANCING AUTHORITY CITY COUNCIL WEDNESDAY, SEPTEMBER 21, 2016 REGULAR MEETINGS 1St and 3rd Wednesdays - 7:00 P.M. ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room 5:00 P.M. Call to Order Public Communications Citv Manager Announcements Conduct of Closed Session REGULAR MEETINGS Council Chambers 7:00 P.M. MEMBERS MAYOR MAYOR PRO TEM COUNCIL MEMBERS CITY MANAGER CITY ATTORNEY CITY CLERK CITY TREASURER L. Dennis Michael Sam Spagnolo William Alexander Lynne B. Kennedy Diane Williams John R. Gillison James L. Markman Janice C. Reynolds James C. Frost INFORMATION FOR THE PUBLIC JtH0 tCAMONGA TO ADDRESS THE FIRE BOARD, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL The Fire Board, Successor Agency, Public Financing Authority and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board, Successor Agency, Public Financing Authority and City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. Any handouts for the Fire Board, Successor Agency, Public Financing Authority or City Council should be given to the City Clerk for distribution. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other "Public Communications" which have not concluded during this one-hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an "Advertised Public Hearing" or on an "Administrative Hearing" Item(s), your name will be called when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public Libraries and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Fire Board, Successor Agency, Public Financing Authority and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The Streaming Video on Demand is available on the City's website at www.cityofrc.uskityhall/councilivideos.asp. The Fire Board, Successor Agency, Public Financing Authority and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire Board, Successor Agency, Public Financing Authority and City Council. Copies of the agendas and minutes can be found @ www.citvofrc.us 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. Please silence all cellular phones while the meeting is in session. aCtdt .l -l0 &CAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA SEPTEMBER 21, 2016 i A. 5:00 P.M. - CLOSED SESSION CALL TO ORDER - TAPIA CONFERENCE ROOM Al. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Kennedy and Williams CLOSED SESSION CALLED TO ORDER AS THE CITY COUNCIL. 1 B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) 1 C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I D. CITY MANAGER ANNOUNCEMENTS (No DISCUSSION OR ACTION WILL OCCUR) I E. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM I El. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) — SOUTHWEST VOTERS REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; CASE NO. CIVRS 1603632 — CITY i F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY, SUCCESSOR AGENCY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. �dt."ti0 WCAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA SEPTEMBER 21, 2016 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The Regular meetings of the Fire Protection District, Public Financing Authority, Successor Agency and City Council will be called to order. It is the intent to conclude the meetings by 10:00 p.m., unless extended by concurrence of the Fire Board, Authority Board and Council. G1. Pledge of Allegiance G2. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Kennedy and Williams H. ANNOUNCEMENTS/PRESENTATIONS H1. 2016 ReadyRC Designation for Business Emergency Response Training (BERT) Graduates. H2. Presentation of a Proclamation to the Rancho Cucamonga Chamber of Commerce recognizing October 7th, 2016 as National Manufacturing Day. H3. Presentation of a Certificate to Jacob Fergot for his Eagle Scout Project; an American Flag disposal box. H4. Presentation on Rancho Cucamonga Police Department Monthly Citizen Advisory Meeting and upcoming "Questions On Measure 0" — with City Attorney James Markman. I. PUBLIC COMMUNICATIONS I This is the time and place for the general public to address the Fire Protection District, Public Financing Authority Board, Successor Agency and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Financing Authority Board, Successor Agency and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Financing Authority Board, Successor Agency and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Authority Board, Successor Agency or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. �dt."ti0 WCAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA SEPTEMBER 21, 2016 CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT 1 J1. Consideration to approve Minutes of: September 07, 2016 (Regular Meeting) J2. Consideration to approve Check Register dated August 30, 2016 through September 19, 2016 and Electronic Debit Register for the month of August 2016 for the total of $693,911.83. 3 1 J3. Consideration to receive and file current Investment Schedule as of August 31. 2016. 10 J4. Consideration for approval of a Professional Services Agreement (PSA) for Third (3rd) Party inspection services for the Fire Training Facility Increments I & II, with RMA Group, of Rancho Cucamonga, in the amount of $149,487.00 in accordance with RFP #16/17-002, and authorize a 10% contingency in the amount of $14,949.00, from Account No. 3288501- 5650/1735288-6314 (Training Facility — Construction). J5. Consideration of approval to accept the bid received, and award and authorize the execution of the contract in the amount of $4,779,000 (base bid $3,779,000 (includes a $185,000 allowance) and alternate bid 5 $1,000,000) to the lowest responsive bidder, Horizons Construction, for the Regional All -Risk Training Center Construction Project, Increment II, to be funded from Account Number 3288501-5650/1735288-6314 and appropriate $571,900 (an additional $292,900 allowance/contingency for $477,900 (10%) contingency total and $279,000 additional for the construction contract) from Fire Protection District Capital Building Reserves Fund Balance to Account No. 3288501-5650/1735288-6314. J6. Consideration to approve an increase to Contract No. 14-247 in the amount of $55,950 to Newcomb, Anderson, McCormick for additional energy engineering services, $46,500 from Account No. 1025001-5300 and $9,450 from Account No. 3288501-5300 and approve appropriations in the amount of $46,500 from City Capital Reserves to Account No. 1025001- 5300 and $9,450 from Fire District Reserves to Account No. 3288501-5300. J7. Consideration to declare surplus for City owned vehicles, office and computer equipment, and miscellaneous electronics that have been deemed no longer needed, obsolete or unusable. 17 19 21 23 �dt."ti0 WCAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA SEPTEMBER 21, 2016 K. CONSENT CALENDAR - SUCCESSOR AGENCY 4 K1. Consideration to approve Minutes of: September 07, 2016 (Regular Meeting) K2. Consideration to approve a Professional Services Agreement with Best, Best & Krieger to 28 provide Bond Counsel and Disclosure Counsel services for a proposed refunding of the Rancho Cucamonga Redevelopment Agency Tax Exempt 2007 Housing Bonds, Series A, for an amount not to exceed $125,000. K3. Consideration to approve a Professional Services Agreement with Fieldman, Rolapp & Associates to provide Financial Advisory services for a proposed refunding of the Rancho Cucamonga Redevelopment Agency Tax Exempt 2007 Housing Bonds, Series A, for an amount not to exceed $60,000. L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY i L1. Consideration to approve Minutes of: September 07, 2016 (Regular Meeting) M. CONSENT CALENDAR - CITY COUNCIL M1. Consideration to approve Minutes of: September 07, 2016 (Regular Meeting) M2. Consideration to approve Check Register and payroll dated August 30, 2016 through September 19, 2016 Electronic Debit Register for the month of August 2016 for the total of $7,595,899.93. M3. Consideration to receive and file current Investment Schedule as of August 31, 2016. M4. Consideration of approval to accept Grant Revenue in the amount of $32,280 awarded by the California Governor's Office of Emergency Services (FY2015 Homeland Security Grant), and administered by the San Bernardino County Fire Department, Office of Emergency Services to the City of Rancho Cucamonga into Account 1381000-4740 (Grant Income) and authorize appropriation into Account 1380501-5280 (Equipment/Operations) for the purchase of Seventy -Five (75) replacement Emergency Operations Center task chairs. M5. Consideration of approval to accept Grant Revenue in the amount of $28,736 awarded by the California Governor's Office of Emergency Services (FY2015 Homeland Security Grant), and administered by the San Bernardino County Fire Department, Office of Emergency Services to the City of Rancho Cucamonga into Account 1381000-4740 (Grant Income) and authorize appropriation into Account 1381701-5290 (Specialized Tools and Equipment) for the purchase of law enforcement thermal imaging night vision monoculars and binoculars with storage cases. 32 45 54 65 66 M6. Consideration to approve a Resolution adopting the 2016 City of Rancho Cucamonga 67 Emergency Operations Plan. RESOLUTION NO. 16-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 227 CALIFORNIA ADOPTING THE 2016 CITY OF RANCHO CUCAMONGA EMERGENCY OPERATIONS PLAN (EOP) �dt."ti0 WCAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA SEPTEMBER 21, 2016 M7. Consideration to approve specifications for the "Citywide Concrete Repair — FY 2016/2017 Project" and authorize the City Clerk to advertise the "Notice Inviting Bids"; to be funded from Account Numbers 1001318-5300 (Street Maintenance), 1177303-5300 (Measure I), 1131303-5300 (LMD 2) and 1134303-5300 (LMD 4R) as approved in the FY 2016/2017 budget. RESOLUTION NO. 16-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE "CITYWIDE CONCRETE REPAIR - FY 2016/2017 PROJECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M8. Consideration to accept the bids received, award and authorize the execution of a contract in the amount of $74,690 for the "LMD-4R Park Lighting Retrofit Final Phase Project" to the lowest responsive bidder, ReGreen, Inc. of El Segundo, authorize the expenditure of a 10% contingency in the amount of $7,469 to be funded from Account 1134303-5650/1858134-0 (LMD-4R). M9. Consideration to approve an increase to Contract No. 14-247 in the amount of $55,950 to Newcomb, Anderson, McCormick for additional energy engineering services, $46,500 funded from Account No. 1025001-5300 and $9,450 From Account No. 3288501-5300 and approve appropriations in the amount of $46,500 from City Capital Reserves to Account No. 1025001-5300 and $9,450 from Fire District Reserves to Account No. 3288501-5300. M10. Consideration to declare surplus for City owned vehicles, office and computer equipment, and miscellaneous electronics that have been deemed no longer needed, obsolete or unusable. M11. Consideration for approval of Cooperative Agreement between San Bernardino County Transportation Authority and the City Of Rancho Cucamonga for the San Bernardino Valley Coordinated Traffic Signal System. M12. Consideration to release a Maintenance Guarantee Bond No. PB00067200028 in the amount of $31,373.10, for the Solar Carport System Installation at the City of Rancho Cucamonga City Hall, Contract No. 15-035. M13. Consideration to accept the bids received and award and authorize the execution of the contract for the Base Bid, Additive Bid and Alternate Bid, in the amount of $1,026,356.00, to the lowest responsive bidder, Elecnor Belco Electric Inc., and authorize the expenditure of a 10% contingency in the amount of $102,636.00, for the Traffic Signal Installations at Carnelian Street at Banyan Street and Sixth Street at Utica Avenue, Left Turn Modifications at 3 intersections along Milliken Avenue, and Retroreflective Street Name Signs at 3 locations Project and authorize appropriations in the total amount of $1,220,000.00 from the Gas Tax and Transportation Funds. M14. Consideration to accept the Victoria Street Pavement Rehabilitation Project from Etiwanda Avenue to East City Limits, Contract No. 16-077 as complete, release the Bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of Completion, and approve the final contract amount of $358,875.53. RESOLUTION NO. 16-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE VICTORIA STREET PAVEMENT REHABILITATION PROJECT FROM ETIWANDA AVENUE TO EAST CITY LIMITS, CONTRACT NO. 16-077, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 5 228 229 233 235 237 242 256 257 260 263 �d."tt0 WCAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA SEPTEMBER 21, 2016 M15. Consideration of approval of release of real property Improvement Contract and Lien Agreement recorded as Document No. 2010-0280615, for the property 9144 19th Street; APN: 20134145. RESOLUTION NO. 16-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FOR DOCUMENT NO. 2010-0280615, LOCATED ON THE NORTH SIDE OF 19TH STREET, EAST OF BERYL STREET; 9144 19TH STREET; APN: 20134145 M16. Consideration of approval of Subordination Agreement for Keith M. Arnold and Yolanda M. Arnold, husband and wife as joint tenants, for the refinancing of the property located at 6772 Jasper Street, APN: 0202-021-46-0-000. RESOLUTION NO. 16-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT FOR KEITH M. ARNOLD AND YOLANDA M. ARNOLD, HUSBAND AND WIFE AS JOINT TENANTS, FOR THE REFINANCING OF THE PROPERTY LOCATED AT 6772 JASPER, APN: 0202-021-46-0- 000 N. CONSENT ORDINANCES 6 264 266 267 281 The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non -controversial. The City Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by a Council Member. N1. Consideration of Second Reading and Adoption of Ordinance No. 893 amending Chapters 285 13.08 and 13.09 of the Rancho Cucamonga Municipal Code to reduce Drainage Impact Fees for certain second dwelling units and additions on existing residential properties. ORDINANCE NO. 893 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 13.08 AND 13.09 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REDUCE DRAINAGE IMPACT FEES FOR CERTAIN SECOND DWELLINGS AND ADDITIONS ON EXISTING RESIDENTIAL PROPERTIES 286 N2. Consideration of Second Reading and Adoption of Ordinance No. 894 amending Title 17 288 (Development Code) of the Rancho Cucamonga Municipal Code to revise development standards for the Mixed Use (MU) District by removing maximum Floor Area Ratio (FAR) requirements. ORDINANCE NO. 894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2016-00563, A SUPPLEMENT TO DEVELOPMENT CODE UPDATE DRC2010-00571 AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REVISE DEVELOPMENT STANDARDS FOR THE MIXED USE (MU) DISTRICT BY REMOVING MAXIMUM FLOOR AREA RATIO (FAR) REQUIREMENTS 289 �dJ."tt0 WCAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA SEPTEMBER 21, 2016 i 0. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. 01. MUNICIPAL CODE AMENDMENT DRC2016-00616 — CITY OF RANCHO CUCAMONGA — A request to amend Titles 5, 9 and 17 of the Municipal Code to amend regulations regarding new and existing massage establishments. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA section 15601 (b)(3). ORDINANCE NO. 895 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 5 AND 9 AND 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REPEAL CHAPTER 9.24 AND SECTION 17.102.080 IN THEIR ENTIRETY AND ADDING CHAPTERS 5.18 AND 17.40 REGULATING THE OPERATION OF NEW AND EXISTING MASSAGE ESTABLISHMENTS 02. DEVELOPMENT AGREEMENT AMENDMENT DRC2016-00667 — 7418 ARCHIBALD, LLC - An amendment to Development Agreement DRC2014-00610 between the City of Rancho Cucamonga and 7418 Archibald, LLC, to allow for a reduction in the percentage of tax credit financing and to modify unit affordability for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay Zoning District (SHOZD), which includes the development of a 24,641 square foot, 60 -unit, senior apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road; APN: 020803158. The City Council adopted a Negative Declaration of environmental impacts for this project on June 3, 2015. The California Environmental Quality Act provides that no further environmental review of Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. 7 294 305 327 ORDINANCE NO. 896 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 362 CALIFORNIA, APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT DRC2014-00610 BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD, LLC, TO ALLOW FOR A REDUCTION IN THE PERCENTAGE OF TAX CREDIT FINANCING AND TO MODIFY UNIT AFFORDABILITY FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY ZONING DISTRICT (SHOZD), WHICH INCLUDES THE DEVELOPMENT OF A 24,641 SQUARE FOOT, 60 -UNIT SENIOR APARTMENT COMPLEX ON 2.25 ACRES OF LAND LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 0208-031-58 AND 0208-031-59. �d."tt0 WCAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA SEPTEMBER 21, 2016 1 P. CITY MANAGER'S STAFF REPORTS CITY COUNCIL & SUCCESSOR AGENCY The following items have no legal publication or posting requirements. P1. Presentation of the Rancho Cucamonga Community & Arts Foundation's Annual Report. P2. Consideration of research and results from Rancho Cucamonga Public Library's "Re - Inventing Storytime's" Staff Innovation Fund Grand and following changes to the Library's Storytime's. P3. Consideration to approve a Resolution of the Successor Agency confirming the issuance of Tax Allocation Refunding Bonds pursuant to a Sixth Supplemental Indenture and approving the preliminary and final official statements, the Bond Purchase Agreement and providing other matters relating thereto. RESOLUTION NO. 16-157 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY CONFIRMING THE ISSUANCE OF TAX ALLOCATION REFUNDING BONDS PURSUANT TO A SIXTH SUPPLEMENTAL INDENTURE, APPROVING PRELIMINARY AND FINAL OFFICIAL STATEMENTS, BOND PURCHASE AGREEMENT AND PROVIDING OTHER MATTERS RELATING THERETO Q. COUNCIL BUSINESS I The following items have been requested by the City Council for discussion. 01. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) Q2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) R. IDENTIFICATION OF ITEMS FOR NEXT MEETING 1 PLEASE NOTE THE WEDNESDAY, OCTOBER 5, 2016 REGULAR MEETINGS HAVE BEEN RESCHEDULED TO MONDAY, OCTOBER 3, 2016. aCtdt.l-l0 WCAMONGA FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA SEPTEMBER 21, 2016 S. ADJOURNMENT i 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 September 15, 2016, 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. nda A. Troyan, MMC City Clerk Services Director City of Rancho Cucamonga No discussion or actions were taken. No public communications were made. September 7, 2016 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES A. 5:00 P.M. - CLOSED SESSION CALL TO ORDER - TAPIA CONFERENCE ROOM The City of Rancho Cucamonga City Council held a closed session on Wednesday, September 7, 2016 in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 5:00 p.m. Present were Council Members: Bill Alexander, Lynne Kennedy, Diane Williams, Mayor Pro Tem Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; and Lori Sassoon, Deputy City Manager/Administrative Services. i B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) 1 1 C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) 1 1 D. CITY MANAGER ANNOUNCEMENTS 1 i i E. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM El. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) — SOUTHWEST VOTERS REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; CASE NO. CIVRS 1603632 — CITY F. RECESS The closed session recessed at 5:50 p.m. *DRAFT* September 7, 2016 1 Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 1 of 9 i G. REGULAR MEETING - 7:00 P.M. CALL TO ORDER - COUNCIL CHAMBERS The regular meetings of the Rancho Cucamonga Fire Protection District, Successor Agency, Public Financing Authority, and the City of Rancho Cucamonga City Council on September 7, 2016 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Council Members: Bill Alexander, Lynne Kennedy, Diane Williams, Mayor Pro Tem Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Linda A. Troyan, City Clerk Services Director and Shirr'l Griffin, Office Specialist 11. Council Member Lynne Kennedy led the Pledge of Allegiance. H. ANNOUNCEMENTS/PRESENTATIONS H1. Administration of Oath of Office to newly appointed Rancho Cucamonga Community & Arts Foundation Board Member Fatima Corbett. Jan Reynolds, City Clerk, administered the Oath of Office to newly appointed Community & Arts Foundation Board Member Fatima Corbett. H2. Presentation of Life Saving Citations for Bystander CPR. Mayor Michael and City Council along with Mike Costello, Fire Chief, Sandy Carnes, EMS Administrator, and Sandy Griffin, EMS/QI Nurse, presented Life Saving Citation awards to Matt Goyette, EMTP, Ramakrishnan Prasun, MD, citizens Cesar Rodriguez Jr. and Cesar Rodriguez Sr. for their actions during recent medical emergencies. H3. Announcement of September 11th Remembrance Ceremony. Mayor Michael introduced Kelley Donaldson, Community Affairs Coordinator, who announced and invited the public to attend the September 11th Remembrance Ceremony on Sunday, September 11, 2016 at 8:30 a.m. at Freedom Courtyard at Central Park. I. PUBLIC COMMUNICATIONS 11. Paula Pachon, invited everyone to Rancho Cucamonga's Community and Arts Foundation Associated Artist Show on September 9, 10 and 11, 2016 at the Cultural Center. 12. Janet Walton, offered a prayer. 13. Megan MacNeal, spoke about a previous experience with Rancho Cucamonga Police Department and inaccuracies in her filed report. 14. Warren Branch, informed Council of activities at a nearby church. 15. James Barndollar, spoke in opposition to Proposition 64, Adult Use of Marijuana Act. *DRAFT* September 7, 2016 1 Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 2 of 9 K1. Consideration to approve Minutes of: August 17, 2016 (Regular Meeting) MOTION: Moved by Agency Member Kennedy, seconded by Agency Member Alexander, to approve Consent Calendar Item K1. Motion carried unanimously, 5-0. 16. Andy Ramirez, thanked the Fire Department for a recent CPR experience; and spoke in opposition to Proposition 64, Adult Use of Marijuana Act. i CONSENT CALENDARS 1 J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Consideration to approve Minutes of: August 17, 2016 (Regular Meeting) J2. Consideration to approve Check Register dated August 10, 2016 through August 29, 2016 for the total of $245,586.55. J3. Consideration for approval of the purchase of one (1) Captain Specialist/Investigator All Purpose Vehicle and Equipment, as budgeted for the Fire Protection District, from Frontier Ford of Santa Clara in the amount of $146,976.66 in accordance with RFB #16/17-100 from Account No. 3288501-5604 (Capital Outlay -Vehicles). J4. Consideration to approve Amendment No. 005 (Contract 12-071) with ASSI through June 30, 2017 with no price increase, in an amount not to exceed $100,000 ($25,000 Fire, $75,000 City facilities) annually for the maintenance and repair of access controls and related security services to include card key replacements, card reader replacements and repairs, camera system trouble shooting and replacement, recording system maintenance, building monitoring and software upgrades for the existing City facilities and the additional scope of work to include the second floor of Paul A. Biane Library; to be funded from various General Fund, Library, and Fire District accounts as approved in the FY 2016-2017 budget and to approve an appropriation in an amount not to exceed $27,000 into Account 1329601-5650/1867329- 0 from the Library Capital Fund Balance. J5. Consideration of approval of administrative amendments to adopted Fire District's General Fund Final Fiscal Year 2016/17 appropriations. MOTION: Moved by Vice -President Spagnolo, seconded by Board Member Williams, to approve Consent Calendar Items J1. through J5. Motion carried unanimously, 5-0. K. CONSENT CALENDAR - SUCCESSOR AGENCY i L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY L1. Consideration to approve Minutes of: August 17, 2016 (Regular Meeting) MOTION: Moved by Authority Member Williams, seconded by Vice Chair Spagnolo, to approve Consent Calendar Item L1. Motion carried unanimously, 5-0. *DRAFT* September 7, 2016 I Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 3 of 9 M. CONSENT CALENDAR - CITY COUNCIL i M1. Consideration to approve Minutes of: August 17, 2016 (Regular Meeting) August 23, 2016 (Special Joint Meeting) M2. Consideration to approve Check Register and payroll dated August 10, 2016 through August 29, 2016 for the total of $9,064,088.76. M3. Consideration to approve a Resolution authorizing the bi-annual destruction of obsolete City records RESOLUTION NO. 16-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF OBSOLETE CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES M4. Consideration to approve Amendment No. 005 (Contract 12-071) with ASSI through June 30, 2017 with no price increase, in an amount not to exceed $100,000 ($25,000 Fire, $75,000 City facilities) annually for the maintenance and repair of access controls and related security services to include card key replacements, card reader replacements and repairs, camera system trouble shooting and replacement, recording system maintenance, building monitoring and software upgrades for the existing City facilities and the additional scope of work to include the second floor of Paul A. Biane Library; to be funded from various General Fund, Library, and Fire District accounts as approved in the FY 2016- 2017 budget and to approve an appropriation in an amount not to exceed $27,000 to account 1329601- 5650/1867329-0 from the Library Capital Fund Balance. M5. Consideration to release Maintenance Guarantee Bond No. 190031607/106076082 in the amount of $182,606.19, for the Arrow Route Electric Distribution Line Extension Project, Contract No. 14-103. M6. Consideration to release Maintenance Guarantee Bond No. 024059522-M in the amount of $37,662.50, for the FY 2014/2015 Local Street Pavement Rehabilitation — Slurry of Various Streets project, Contract No. 15-056. M7. Consideration of approval of Amendment No. 02 renewing the Professional Services Agreements for J&S Striping Company, Inc. (CO#15-060) for street striping and pavement marking maintenance, in the amount not to exceed $150,000.00. To be funded from Account No. 11773035300 (Contract Services FY 2016-17). M8. Consideration of approval of Amendment No. 08 renewing the Professional Services Agreements for All City Management Services, Inc. (CO#13-150) for Professional Crossing Guard Services, in an amount not to exceed $435,000.00 to be funded from Account No. 10187015300 (Contract Services FY 2016-17). M9. Consideration of approval of a request to summarily vacate a portion of Base Line Road, east of Amethyst Street adjacent to 7289 Amethyst Avenue (Street Vacation No. V-232). RESOLUTION NO. 16-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF BASE LINE ROAD, EAST OF AMETHYST STREET ADJACENT TO 7289 AMETHYST AVENUE (STREET VACATION NO. V-232) M10. Consideration of approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and ordering the annexation to Landscape Maintenance District No. 9 and Street Light Maintenance District Nos. 1 and 8 for Tract 18966, located at the southwest corner of Base Line Road and Shelby Place, submitted by Marc Homes, LLC, a California Limited Liability Company. *DRAFT* September 7, 2016 1 Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 4 of 9 RESOLUTION NO. 16-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FINAL MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 18966 RESOLUTION NO. 16-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA) FOR TRACT 18966 RESOLUTION NO. 16-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR TRACT 18966 RESOLUTION NO. 16-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) FOR TRACT 18966 M11. Consideration of approval of a reduction in the Faithful Performance Bond for Tract 18122 Frontage Public Improvements and release of previously submitted Faithful Performance Bond accepted by the City Council on April 16, 2014, located at the east side of East Avenue, north of the Foothill Freeway (SR -210), submitted by KB Home Coastal, Inc. RESOLUTION NO. 16-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE REDUCTION IN FAITHFUL PERFORMANCE BOND FOR TRACT 18122 FRONTAGE PUBLIC IMPROVEMENTS AND RELEASING PREVIOUSLY SUBMITTED FAITHFUL PERFORMANCE BOND ACCEPTED BY THE CITY COUNCIL ON APRIL 16, 2014 M12. Consideration of a Resolution adopting the Measure "I" Five -Year Capital Improvement Plan covering Fiscal Years 2016/2021. RESOLUTION NO. 16-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, ADOPTING THE MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PLAN COVERING FISCAL YEARS 2016/2021 FOR THE EXPENDITURE OF MEASURE "I" FUNDS M13. Consideration of a Resolution of the City Council of the City of Rancho Cucamonga, California, adopting the Measure "I" Five Year Capital Project Needs Analysis for Fiscal Years 2017/2018 through 2021/2022. RESOLUTION NO. 16-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2017/2018 THROUGH 2021/2022 M14. Consideration of approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and ordering the annexation to Landscape Maintenance District No. 8 and Street Light Maintenance District Nos. 1 and 8 for Tract Map 19968, located at the southeast corner of East Avenue and Fisher Avenue, submitted by RC19968, LLC, a Delaware Limited Liability Company. RESOLUTION NO. 16-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 19968 *DRAFT* September 7, 2016 1 Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 5 of 9 RESOLUTION NO. 16-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) FOR TRACT 19968 RESOLUTION NO. 16-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR TRACT 19968 RESOLUTION NO. 16-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) FOR TRACT 19968 M15. Consideration of approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for DRC2014-00127, located at the southwest corner of Buffalo Avenue and Mission Park Drive, submitted by CSF, Inc. RESOLUTION NO. 16-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2014-00127 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M16. Consideration to approve Memorandum of Understanding regarding Improvements to Wilson Avenue between the City and Cucamonga Valley Water District (CVWD), located east of Etiwanda Avenue. M17. Consideration to approve Cooperative Agreement for the CVWD Automated Meter Infrastructure (AMI) Project between the City and the Cucamonga Valley Water District (CWVD). M18. Consideration of approval of administrative amendments to Adopted Fiscal Year 2016/17 appropriations. MOTION: Moved by Council Member Williams, seconded by Council Member Alexander, to approve Consent Calendar Items M1 through M18. Motion carried unanimously, 5-0. 1 N. ADMINISTRATIVE HEARING ITEM 1 N1. Consideration of First Reading and Introduction of an Ordinance of the City of Rancho Cucamonga amending Chapters 13.08 and 13.09 of the Rancho Cucamonga Municipal Code to reduce Drainage Impact Fees for certain second dwelling units and additions on existing residential properties. ORDINANCE NO. 893 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 13.08 AND 13.09 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REDUCE DRAINAGE IMPACT FEES FOR CERTAIN SECOND DWELLINGS AND ADDITIONS ON EXISTING RESIDENTIAL PROPERTIES John Gillison, City Manager, gave a brief introduction to the Ordinance and introduced Jason Welday, Director of Engineering Services/City Engineer, who gave the Staff Report. In response to Mayor Pro Tem Spagnolo, Engineering Services Director/City Engineer Welday, clarified that changes would apply to homes built prior to 1979. Mayor Michael opened the Administrative Hearing for public comment. *DRAFT* September 7, 2016 1 Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 6 of 9 There was no comment from the public. Mayor Michael closed the Administrative Hearing. MOTION: Moved by Mayor Pro Tem Spagnolo, seconded by Council Member Williams, to introduce first reading of Ordinance No. 893, to be read by title only and waive further reading. Motion carried unanimously, 5-0. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 893. VOTES NOW CAST ON MOTION: Moved by Mayor Pro Tem Spagnolo, seconded by Council Member Williams, to introduce first reading of Ordinance No. 893, to be read by title only and waive further reading. Motion carried unanimously, 5-0. 0. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL 01. DEVELOPMENT CODE AMENDMENT DRC2016-00563 - CITY OF RANCHO CUCAMONGA - A supplement to Development Code Update DRC2010-00571 amending Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to revise development standards for the Mixed Use (MU) District by removing maximum Floor Area Ratio (FAR) requirements. The City Council adopted a Negative Declaration of environmental impacts for this project on October 21, 2015. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. ORDINANCE NO. 894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2016-00563, A SUPPLEMENT TO DEVELOPMENT CODE UPDATE DRC2010-00571 AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REVISE DEVELOPMENT STANDARDS FOR THE MIXED USE (MU) DISTRICT BY REMOVING MAXIMUM FLOOR AREA RATIO (FAR) REQUIREMENTS John Gillison, City Manager, gave a brief introduction to the Resolution and introduced Tom Grahn, Associate Planner, who gave the Staff Report. Mayor Michael opened the Public Hearing. There was no comment from the public. Mayor Michael closed the Public Hearing. Council Member Alexander spoke in opposition to mixed use development projects. In response to Council Member Alexander, Associate Planner Grahn advised that City staff reviews developments on a case by case basis; and spoke on parking requirements for a project. MOTION: Moved by Mayor Pro Tem Spagnolo, seconded by Council Member Williams, to introduce first reading of Ordinance No. 894, to be read by title only and waive further reading. Motion carried, 4-1, with Council Member Alexander opposed. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 894. *DRAFT* September 7, 2016 1 Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 7 of 9 VOTES NOW CAST ON MOTION: Moved by Mayor Pro Tem Spagnolo, seconded by Council Member Williams, to introduce first reading of Ordinance No. 894, to be read by title only and waive further reading. Motion carried, 4-1, with Council Member Alexander opposed. P. COUNCIL BUSINESS P1. Presentation regarding the Adult Use of Marijuana Act (Proposition 64) on the statewide November 2016 ballot and City Council consideration of a position regarding the initiative. John Gillison, City Manager, introduced Danielle Boldt, Chief of Police, Lori Sassoon, Deputy City Manager/Administrative Services and Candyce Burnett, Planning Director, who provided a report and presentation on Proposition 64, Adult Use of Marijuana Act scheduled for the November 2016 ballot. The presentation included findings from a visit to the State of Colorado, cultivation, an analysis of enforcement challenges, legalization, impacts on revenues and how the legalization would impact local land regulations pertaining to recreational marijuana. Council Member Alexander spoke on researching the issue further; and did not oppose or endorse Proposition 64. Mayor Michael, Mayor Pro Tem Spagnolo and Council Members Kennedy and Williams expressed opposition to the legalization of recreational marijuana due to impacts on the City and its residents; and encouraged citizens of Rancho Cucamonga to read Proposition 64 and "The Legalization of Marijuana in Colorado: The Impact (2015)" report which is on the City's website. MOTION: Moved by Mayor Pro Tem Spagnolo, seconded by Council Member Williams, to oppose Proposition 64. Motion carried, 4-1, with Council Member Alexander abstaining. P2. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) Mayor Michael representing San Bernardino Associated Governments (SANBAG), reported on state legislation passed creating a Transportation Authority effective January 1St; and reported that the County is receiving revenues from the South Coast Air Quality Management District (AQMD) to assist with synchronizing signal systems. Council Member Williams reported on her attendance at a Southern California Association of Governments (SCAG) meeting in Los Angeles and spoke on the restoration project of the LA River and housing shortage in California. P3. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Mayor Michael reported he was appointed as representative for District 9 on the Southern California Association of Governments and that the Mayor of Montclair serving in that position had resigned. R. IDENTIFICATION OF ITEMS FOR NEXT MEETING There were none. *DRAFT* September 7, 2016 1 Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 8 of 9 1 S. ADJOURNMENT i Mayor Michael adjourned the meeting at 9:23 p.m. Approved: * * * Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director *DRAFT* September 7, 2016 1 Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 9 of 9 September 21, 2016 RANCHO CUCAMONGA CERTIFICATE OF £COGNITION The City of Rancho Cucamonga is proud to recognize: GARY THOMAS BIG LOTS For your commitment to community disaster resiliency through participation in the Business Emergency Response Training (BERT) Courses and your designation as a Ready RC business L. Dennis Micha Mayor Will' m J. Alexander Council Member Lynn B. Kennedy Council Member Sam • ',gin. Mayor Pro em mac- / ` Diane Williams Council Member September 21, 2016 RANCHO CUCAMONGA CERTIFICATE OF L4ECOGNITION The City of Rancho Cucamonga is proud to recognize: SHAWN PECORE PRESTIGE MOLD, INC For your commitment to community disaster resiliency through participation in the Business Emergency Response Training (BERT) Courses and your designation as a Ready RC business L. Dennis Michae Mayor Will ' m J. Alexander Council Member Lynne B. Kennedy Council Member Sam ign. Mayor Pro em Diane Williams Council Member September 21, 2016 RANCHO CUCAMONGA CERTIFICATE OF £COGNITION The City of Rancho Cucamonga is proud to recognize: AUDRA NIGHTINGALE PRESTIGE MOLD, INC For your commitment to community disaster resiliency through participation in the Business Emergency Response Training (BERT) Courses and your designation as a Ready RC business L. Dennis Mich Mayor Will' m1 Alexander Council Member Lynn B. Kennedy Council Member Sam �"-• gn. Mayor Pro irem Diane Williams Council Member September 21, 2016 RANCHO CUCAMONGA CERTIFICATE OFaCLECOGNITION The City of Rancho Cucamonga is proud to recognize: IRINEO NAVARRO FORREST CITY For your commitment to community disaster resiliency through participation in the Business Emergency Response Training (BERT) Courses and your designation as a Ready RC business L. Dennis Micha Mayor Willkm J. Alexander Council Member Lynn • B. Kennedy Council Member 1.' - Sam Ingn Mayor Pro em Diane Williams Council Member September 21, 2016 RANCHO CUCAMONGA CERTIFICATE OF £ECOGNITION The City of Rancho Cucamonga is proud to recognize: JAMES A. HUDSON PRECISION AEROSPACE CORPORATION For your commitment to community disaster resiliency through participation in the Business Emergency Response Training (BERT) Courses and your designation as a Ready RC business %4 Tiuuw.. L. Dennis Micha Mayor Will' m J Alexander Council Member Lynn B. Kennedy U Council Member Sam • •gn s Mayor Pro 'em Rfecit,x: Ze).€-F:1-4:0) Diane Williams Council Member September 21, 2016 RANCHO CUCAMONGA CERTIFICATE OF L4ECOGNITION The City of Rancho Cucamonga is proud to recognize: MIKE FRITSCH PRECISION AEROSPACE CORPORATION For your commitment to community disaster resiliency through participation in the Business Emergency Response Training (BERT) Courses and your designation as a Ready RC business L. Dennis Micha Mayor William J. Alexander Council Member Lynn B. Kennedy Council Member Sam • 1 •gn. Mayor Pro 'em Diane Williams Council Member RANCHO CUCAMONGA CALIFORNIA Proclamation WHEREAS, the City of Rancho Cucamonga recognizes the importance of local manufacturing and industrial businesses on its economy; and WHEREAS, Manufacturing Day is an annual event that occurs on the first Friday in October and was established to showcase the potential of modern manufacturing, as well as foster interest in manufacturing careers to deal with the shortage of skilled labor in the profession; and WHEREAS, the City of Rancho Cucamonga is home to 176 manufactures of all different types such as advanced manufacturing of aerospace components, petrochemical application, pharmaceuticals, food manufacturers, and many others; and WHEREAS, the City of Rancho Cucamonga is proud of its manufacturing sector and corporate leaders that significantly contribute to the City's standard of living and economic vitality; and WHEREAS, Manufacturing Day empowers manufacturers to come together to address their collective challenges so they can help their communities and future generations thrive; and WHEREAS, by working with the Chamber of Commerce, educational institutions, and the business community during and after Manufacturing Day, we hope to improve the general public's perception of manufacturing careers and the industry's value to the local, state, and national economy; and NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Rancho Cucamonga does hereby proclaim Friday, October 7, 2016, as Manufacturing Day in the City of Rancho Cucamonga. IN WITNESS WHEREOF, the City Council of the City of Rancho Cucamonga, California, have hereunto set their hand and caused the seal of the City of Rancho Cucamonga to be affixed this 21' day of September, 2016. . Dennis Michae Mayor &f.',111 i Ii' Sam Spa 'I''ol. William J. All -ander/ Mayor Pro Te , Council Member Lynne . Kennedy Diane Williams Council Member Council Member September 21. 2016 RANCHO CUCAMONGA ERTIFICATE OF iIECOGNITION The City of Rancho Cucamonga is proud to recognize: JACOB FERGOT For your Eagle Scout Project of an American flag disposal box at the Archibald Library. Thank you for your contribution to the Rancho Cucamonga Community. Willjbm J. Alexander Council Member L. Dennis Michae Mayor Lynn - B. Kenn?dy Council Member Sam Mayor Pro em Diane Williams Council Member Citizen Advisory Committee We believe in community oriented policing Citizens are force multipliers Knowledge is power Citizen Advisory Committee Rancho Cucamonga Police Department Citizen Advisory Meeting Open to the Public Wednesday, September 28, 2016 6:00 pm Central Park - Cucamonga Room 11200 Base Line Rd Rancho Cucamonga, CA 91701 Please RSVP to saferc(ubesd.org or to Teresa or Gloria at 909-477-2800 Come early - 5: l Spm - 5:45 pmfor: "Questions on Measure Q — Communi' Foram" with Crly Attorney ey James Markman r4 -52t www. MyRC fie for Measure Q background and mformat2on. "Questions on Measure Q Community Forum" with City Attorney Jim Markman Two Opportunities to have your questions answered Wednesday, September 28t^ 5:15-5:45 pm Or Wednesday, October 26th 5:15-5:45 pm Central Park — Base Line & Milliken Same Hall & Just Prior to Capt. Boldt's Meeting Measure QI Information Background information, legal documents and upcoming Questions on Measure Q —meetings can be found at: www. VIyRC life CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/30/2016 through 9/12/2016 Check No, Check Date Vendor Name. P1 COW Fire Amount AP 00006396 08/31/2016 A E C O M 3,602.00 0.00 3,602.00 AP 00006397 08/31/2016 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 10,280.00 0.00 10280.00 AP 00006398 08/31/2016 CHAFFEY JOINT UNION HS DISTRICT 621.48 0.00 621.48 AP 00006399 08/31/2016 RCCEA 1,655.00 0.00 1,655.00 AP 00006400 08/31/2016 RCPFA 11,129.18 0.00 11,129.18 AP 00006401 08/31/2016 VIASYN INC 12,573.69 0.00 12,573.69 AP 00006402 09/07/2016 HD PRODUCTIONS INC 1,500.00 0.00 1,500.00 AP 00372563 08/31/2016 A AND R TIRE SERVICE 185.76 0.00 185.76 AP 00372564 08/31/2016 ABLE BUILDING MAINTENANCE 10,851.46 0.00 10,851.46 AP 00372565 08/31/2016 ABM BUSINESS MACHINES INC 299.50 0.00 299.50 AP 00372566 08/31/2016 ADAME, LORI 45.00 0.00 45.00 AP 00372567 08/31/2016 ADOBE ANIMAL HOSPITAL 225.00 0.00 225.00 AP 00372568 08/31/2016 AFLAC GROUP INSURANCE 79.40 0.00 79.40 AP 00372569 08/31/2016 AFSS SOUTHERN DIVISION 0.00 25.00 25.00 AP 00372570 08/31/2016 ALARMCO SECURITY SYSTEMS INC 109.44 0.00 109.44 AP 00372571 08/31/2016 ALCORN, RICHARD 20.00 0.00 20.00 AP 00372572 08/31/2016 ALLIED STORAGE CONTAINERS 0.00 540.00 540.00 AP 00372573 08/31/2016 ALPHAGRAPHICS 22.68 0.00 22.68 AP 00372574 08/31/2016 ALVARADO, SAMARIS 33.00 0.00 33.00 AP 00372575 08/31/2016 AMTECH ELEVATOR SERVICES 32627 0.00 32627 AP 00372576 08/31/2016 ANDERSON -JACKSON, YOLANDA 10.64 0.00 10.64 AP 00372577 08/31/2016 APPLIED METERING TECHNOLOGIES INC 12,402.75 0.00 12,402.75 AP 00372578 08/31/2016 ARTISTIC RESOURCES CORPORATION 12,774.84 0.00 12,774.84 AP 00372579 08/31/2016 A U F B A U CORPORATION 24,000.00 0.00 24,000.00 AP 00372580 08/31/2016 BERN MARIES PROMOTIONAL PRODUCTS 529.16 0.00 529.16 AP 00372581 08/31/2016 BERNELL HYDRAULICS INC 269.69 0.00 269.69 AP 00372582 08/31/2016 BERTINO AUTOMOTIVE SERVICE 275.79 0.00 275.79 AP 00372583 08/31/2016 BEST BEST AND KRIEGER 7,601.05 0.00 7,601.05 AP 00372584 08/31/2016 BEST EQUIPMENT SERVICE 727.69 0.00 727.69 AP 00372585 08/31/2016 BILL AND WAGS INC. 0.00 227.81 227.81 AP 00372586 08/31/2016 BLACKBAUD 8,263.17 0.00 8,263.17 AP 00372587 08/31/2016 BLAINE WINDOW HARDWARE INC. 726.16 0.00 726.16 AP 00372588 08/31/2016 CAL PERS LONG TERM CARE 294.91 0.00 294.91 AP 00372589 08/31/2016 CALIFORNIA, STATE OF 952.07 0.00 95207 AP 00372590 08/31/2016 CALIFORNIA, STATE OF 233.59 0.00 233.59 AP 00372591 08/31/2016 CALIFORNIA, STATE OF 913.65 0.00 913.65 AP 00372592 08/31/2016 CFCA-EMS SECTION -SOUTHERN DIVISION 0.00 160.00 160.00 AP 00372593 08/31/2016 CHINO MOWER AND ENGINE SERVICE 3,032.55 0.00 3,032.55 AP 00372594 08/31/2016 CINTAS CORPORATION #150 1,116.95 0.00 1,116.95 AP 00372595 08/31/2016 CITY RENTALS 903.50 0.00 903.50 AP 00372596 08/31/2016 CLEARWATER GRAPHICS INC 3,499.20 0.00 3,49920 AP 00372597 08/31/2016 C O M P U ZONE 170.00 0.00 170.00 AP 00372598 08/31/2016 C 0 N F I RE J PA 0.00 52,606.58 52,606.58 AP 00372599 08/31/2016 CONFIRMDELIVERY.COM 76.16 0.00 76.16 AP 00372600 08/31/2016 CORODATA MEDIA STORAGE INC 1,26522 0.00 1,26522 AP 00372601 08/31/2016 COX, ELISA 68.88 0.00 68.88 AP 00372602 08/31/2016 CROP PRODUCTION SERVICES INC 1,069.77 0.00 1,069.77 User: VLOPEZ - VERONICA LOPEZ Page: 1 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 09/13/2016 Time: 14:03:08 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/30/2016 through 9/12/2016 Check No. Check Date Vendor Name P2 Cit : Fire Amount AP 00372603 08/31/2016 CRP OAKMONT 6TH & UTICA L.P. 28,312.00 0.00 28,312.00 AP 00372604 08/31/2016 D & D SERVICES INC. 430.00 0.00 430.00 AP 00372605 08/31/2016 D AND K CONCRETE COMPANY 799.20 0.00 799.20 AP 00372606 08/31/2016 D M CONTRACTING INC 59,508.00 0.00 59,508.00 AP 00372607 08/31/2016 DANIELS TIRE SERVICE 0.00 11,032.88 11,032.88 AP 00372608 08/31/2016 DEPARTMENT OF RESOURCES RECYCLING 700.00 0.00 700.00 AP 00372609 08/31/2016 DUMBELL MAN FITNESS EQUIPMENT, THE 150.00 0.00 150.00 AP 00372610 08/31/2016 EMBROIDME 129.60 0.00 129.60 AP 00372611 08/31/2016 EXODUS CONSTRUCTION & REMODELING INC. 782.50 0.00 782.50 AP 00372612 08/31/2016 EXPRESS BRAKE SUPPLY 214.93 0.00 214.93 AP 00372613 08/31/2016 FACTORY MOTOR PARTS 0.00 3,695.47 3,695.47 AP 00372614 08/31/2016 FIRST CLASS HEATING & AIR 3,000.00 0.00 3,000.00 AP 00372615 08/31/2016 FLEET SERVICES INC. 0.00 762.76 762.76 AP 00372616 08/31/2016 FOOTHILL AUTO BODY 0.00 2,058.58 2,058.58 AP 00372618 08/31/2016 FRONTIER COMM 6,312.16 661.83 6,973.99 *** AP 00372619 08/31/2016 GATEWAY PET CEMETERY AND CREMATORY 795.00 0.00 795.00 AP 00372620 08/31/2016 GEO PLASTICS INC 8,442.20 0.00 8,442.20 AP 00372621 08/31/2016 GOOD YEAR TIRE AND RUBBER CO. 4,743.10 0.00 4,743.10 AP 00372622 08/31/2016 GRAINGER 0.00 1,312.63 1,312.63 AP 00372623 08/31/2016 GRAPHICS FACTORY INC. 2,309.35 0.00 2,309.35 AP 00372624 08/31/2016 GRAYBAR 710.41 0.00 710.41 AP 00372625 08/31/2016 HILL'S PET NUTRITION 213.69 0.00 213.69 AP 00372626 08/31/2016 HOGAN, ADAM 50.00 0.00 50.00 AP 00372627 08/31/2016 HOYT LUMBER CO., SM 0.00 29.13 29.13 AP 00372628 08/31/2016 HUMANE SOCIETY OF SAN BERNARDINO VALLEY INI 50.00 0.00 50.00 AP 00372629 08/31/2016 INLAND FAIR HOUSING AND MEDIATION BOARD 1.285.55 0.00 1,285.55 AP 00372630 08/31/2016 INLAND PRESORT & MAILING SERVICES 42.71 0.00 42.71 AP 00372631 08/31/2016 INTEC VIDEO SYSTEMS INC 0.00 930.31 930.31 AP 00372632 08/31/2016 IT'S A GAS INC 278.64 0.00 278.64 AP 00372633 08/31/2016 JOBS AVAILABLE INC 1,907.10 0.00 1,907.10 AP 00372634 08/31/2016 JONES, FELITA 35.99 0.00 35.99 AP 00372635 08/31/2016 KAISER FOUNDATION HEALTH PLAN INC 206,520.46 0.00 206,520.46 AP 00372636 08/31/2016 LIFE ASSIST INC 0.00 3,919.26 3,919.26 AP 00372637 08/31/2016 LIGHTHOUSE, THE 7.37 0.00 7.37 AP 00372638 08/31/2016 LOS ANGELES FREIGHTLINER 2,107.55 0.00 2,107.55 AP 00372639 08/31/2016 MIDWEST TAPE 549.89 0.00 549.89 AP 00372640 08/31/2016 MULTICULTURAL BOOKS & VIDEOS 111.60 0.00 111.60 AP 00372641 08/31/2016 NATIONAL CONSTRUCTION RENTALS INC 184.80 0.00 184.80 AP 00372642 08/31/2016 NELSON NYGAARD 2,344.00 0.00 2,344.00 AP 00372643 08/31/2016 NEOPOST USA INC 122.26 0.00 122.26 AP 00372644 08/31/2016 OFFICE DEPOT 2,339.73 1,371.87 3,711.60 *** AP 00372645 08/31/2016 ONTARIO WINNELSON CO 248.10 0.00 248.10 AP 00372646 08/31/2016 ONTRAC 50.19 0.00 50.19 AP 00372647 08/31/2016 OROZCO, LUIS 3.14 0.00 3.14 AP 00372648 08/31/2016 PAL CAMPAIGN 10.00 0.00 10.00 AP 00372649 08/31/2016 PRE -PAID LEGAL SERVICES INC 96.59 0.00 96.59 AP 00372650 08/31/2016 PRISTINE UNIFORMS LLC 0.00 1,196.47 1,196.47 User: VLOPEZ - VERONICA LOPEZ Page: 2 Report: CK_AGENDA_REG_PORTRAITCONSOLIDATED - CK: Agenda Check Register Portrait 1 Current Date: 09/13/2016 Time: 14:03:08 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00372651 00372652 00372653 00372654 00372655 00372656 00372657 00372658 00372659 00372660 00372661 00372662 00372663 00372664 00372665 00372666 00372668 00372669 00372670 00372671 00372672 00372673 00372674 00372678 00372679 00372680 00372681 00372682 00372683 00372684 00372685 00372686 00372687 00372688 00372689 00372690 00372691 00372692 00372693 00372694 00372695 00372696 00372697 00372698 00372699 00372700 00372701 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/30/2016 through 9/12/2016 Vendor Name R AND R AUTOMOTIVE RED WING SHOE STORE RED WING SHOE STORE RED WING SHOE STORE RED WING SHOE STORE RICHARDS WATSON AND GERSHON ROBLEDO, HEATHER SAN BERNARDINO CTY SAN BERNARDINO CTY FIRE PROTECTION DISTRICT SAN BERNARDINO, CITY OF SBPEA SC FUELS SEXTON, SHEILA SHEAKLEY PENSION ADMINISTRATION SHEAKLEY PENSION ADMINISTRATION SHERIFFS COURT SERVICES SHOETERIA SIEMENS INDUSTRY INC SMARTER BETTER CITIES SMARTLITE SO CALIF GAS COMPANY SO CALIF GAS COMPANY SOLARWINDS INC SOUTHERN CALIFORNIA EDISON SOUTHLAND FARMERS MARKET ASSOC INC SPARKLETTS SPOONFACTORY STABILIZER SOLUTIONS INC STOTZ EQUIPMENT TASSO, PHILLIP TILL, LILLIAN TURNOUT MAINTENANCE COMPANY LLC U S LEGAL SUPPORT INC UNIQUE MANAGEMENT SERVICES INC UNITED PACIFIC SERVICES INC UNITED SITE SERVICES OF CA INC UNITED WAY UPS UPS FREIGHT VALLEY POWER SYSTEMS INC VENZOR, JENNIFER VERIZON BUSINESS VIVERAE INC VOHNE LICHE KENNELS INC VORTEX INDUSTRIES INC WALTERS WHOLESALE ELECTRIC CO WAXIE SANITARY SUPPLY 2,232.94 5,419.74 738.92 2,372.42 316.68 2,195.25 1.12 0.00 0.00 957.22 959.04 15,700.38 3.00 307.80 0.00 446.95 10,270.25 554.15 6,948.00 545.00 4,348.54 1,509.00 4,999.00 26,207.34 402.00 78.04 1,743.75 649.00 1,295.02 259.79 36.62 0.00 178.44 645.34 20,979.00 230.52 146.00 34.67 95.00 1,045.51 31.10 18.24 4,600.00 125.00 6,376.75 3,271.83 4,206.10 User: VLOPEZ - VERONICA LOPEZ Page: 3 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I P3 Fire Amount 0.00 2,232.94 0.00 5,419.74 0.00 738.92 0.00 2,372.42 0.00 316.68 0.00 2,195.25 0.00 1.12 13,960.85 13,960.85 4,103.00 4,103.00 0.00 957.22 0.00 959.04 0.00 15,700.38 0.00 3.00 0.00 307.80 154.70 154.70 0.00 446.95 0.00 10,270.25 0.00 554.15 0.00 6,948.00 0.00 545.00 367.54 4,716.08 *** 0.00 1,509.00 0.00 4,999.00 0.00 26,207.34 0.00 402.00 0.00 78.04 0.00 1,743.75 0.00 649.00 0.00 1,295.02 0.00 259.79 0.00 36.62 182.00 182.00 0.00 178.44 0.00 645.34 0.00 20,979.00 0.00 230.52 0.00 146.00 0.00 34.67 0.00 95.00 0.00 1,045.51 0.00 31.10 0.00 18.24 0.00 4,600.00 0.00 125.00 0.00 6,376.75 0.00 3,271.83 0.00 4,206.10 Current Date: 09/13/2016 Time: 14:03:08 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00372702 00372703 00372714 00372715 00372716 00372717 00372718 00372719 00372720 00372721 00372722 00372723 00372724 00372725 00372726 00372727 00372728 00372729 00372730 00372731 00372732 00372733 00372734 00372735 00372736 00372737 00372738 00372739 00372740 00372741 00372742 00372743 00372744 00372745 00372747 00372748 00372749 00372750 00372751 00372752 00372753 00372754 00372755 00372756 00372757 00372758 00372759 08/31/2016 08/31/2016 09/01/2016 09/01/2016 09/01/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 User: VLOPEZ - VERONICA Report: CK_AGENDA_REG P CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/30/2016 through 9/12/2016 Vendor Name WESTRUX INTERNATIONAL INC WT.COX BRODART BOOKS INLAND VALLEY DAILY BULLETIN LIMS AUTO INC 10-8 RETROFIT INC. A AND R TIRE SERVICE ABLE BUILDING MAINTENANCE ADAPT CONSULTING INC AIMTD ALBERTA. WEBB ALCORN, RICHARD ALL CITIES TOOLS ALL WELDING ALLIANT INSURANCE SERVICES INC. ALLIED BARTON SECURITY SERVICES LLC ALPHAGRAPHICS AMTECH ELEVATOR SERVICES APWA ARCHITERRA DESIGN GROUP AT&T MOBILITY BALDY FIRE AND SAFETY BALLOON TEAM PROMOTIONS BALNEG, RAFAEL BARBER, DAVID BARNES AND NOBLE BARTEL ASSOCIATES LLC BATTERY POWER INC BERLITZ BICONDOVA, JOHN BRIGHTVIEW LANDSCAPE SERVICES INC. BROOKS PRODUCTS BUSINESS CENTER FINANCIAL SERVICES BW PRINTWORKS CVWD CAL OSHA REPORTER CAMPOS XCLUSIVE CARPENTER, ARTHUR CARQUEST AUTO PARTS CASTILLO, JESSIE CINTAS CORPORATION #150 CLARKE PLUMBING SPECIALTIES INC. CLEANRIVER RECYCLING SOLUTIONS CLEAR COAST CONSTRUCTION CLEARWATER GRAPHICS INC CLF WAREHOUSE CONFIRE JPA LOPEZ Page: 4 C1 0.00 21.35 15,781.97 910.00 2,876.49 1,890.33 619.32 27,146.96 398.75 802.00 625.00 20.00 121.07 4,438.07 306.00 25,291.90 133.13 50.00 650.00 1,125.00 0.00 313.85 324.00 78.83 1,500.00 103.64 0.00 55.69 110.00 0.00 1,515.16 286.59 250.00 0.00 129,997.39 395.00 1,900.00 100.64 71.06 250.00 936.46 1,492.77 2,737.98 280.00 40.12 0.00 0.00 ORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I P4 Fire Amount 3,625.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 83.30 0.00 0.00 0.00 0.00 0.00 1,420.00 0.00 0.00 361.46 0.00 0.00 0.00 561.72 55.20 0.00 0.00 0.00 11.41 0.00 0.00 0.00 0.00 3,897.50 0.00 141.50 52,606.58 3,625.52 21.35 15,781.97 910.00 2,876.49 1,890.33 619.32 27,146.96 398.75 802.00 625.00 20.00 121.07 4,438.07 306.00 25,291.90 133.13 50.00 650.00 1,125.00 83.30 313.85 324.00 78.83 1,500.00 103.64 1,420.00 55.69 110.00 361.46 1,515.16 286.59 250.00 561.72 130,052.59 *** 395.00 1,900.00 100.64 82.47 *** 250.00 936.46 1,492.77 2,737.98 4,177.50 *** 40.12 141.50 52,606.58 Current Date: 09/13/2016 Time: 14:03:08 Check No. Check Date CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Vendor Name Aienda Check Reeister 8/30/2016 through 9/12/2016 P5 C Fire Amount AP 00372760 09/07/2016 COOK, JANA 93.43 0.00 93.43 AP 00372761 09/07/2016 CORTEZ, CRYSTAL 500.00 0.00 500.00 AP 00372762 09/07/2016 DANIELS TIRE SERVICE 0.00 429.00 429.00 AP 00372763 09/07/2016 DATA ARC LLC 18,193.95 0.00 18,193.95 AP 00372764 09/07/2016 DELTA DENTAL 39,857.30 0.00 39,857.30 AP 00372765 09/07/2016 DUMBELL MAN FITNESS EQUIPMENT, THE 475.00 0.00 475.00 AP 00372766 09/07/2016 EIGHTH AVENUE ENTERPRISE LLC 1,463.40 0.00 1,463.40 AP 00372767 09/07/2016 EMBROIDME 1,333.80 0.00 1,333.80 AP 00372768 09/07/2016 ENN GEE CORP. 3,947.50 0.00 3,947.50 AP 00372769 09/07/2016 FEDERAL EXPRESS CORP 92.23 0.00 92.23 AP 00372770 09/07/2016 FLEET METAL BOX CORP. 188.66 0.00 188.66 AP 00372771 09/07/2016 FLEET SERVICES INC. 0.00 397.45 397.45 AP 00372772 09/07/2016 FRANKLIN TRUCK PARTS 0.00 784.32 784.32 AP 00372773 09/07/2016 FRISBY, CHRISTIANA 59.00 0.00 59.00 AP 00372774 09/07/2016 FRONTIER COMM 6,436.82 1,071.63 7,508.45 *** AP 00372775 09/07/2016 G AND M BUSINESS INTERIORS 871.44 0.00 871.44 AP 00372776 09/07/2016 GILBERT, VELMA 275.00 0.00 275.00 AP 00372777 09/07/2016 GILL, ZINATH 16.62 0.00 16.62 AP 00372778 09/07/2016 GILMAN, JIM 400.00 0.00 400.00 AP 00372779 09/07/2016 GLOBALSTAR USA 84.05 0.00 84.05 AP 00372780 09/07/2016 GOOD YEAR TIRE AND RUBBER CO. 0.00 519.75 519.75 AP 00372781 09/07/2016 GRAINGER 612.01 199.46 811.47 *** AP 00372782 09/07/2016 GREEN ROCK POWER EQUIPMENT 575.46 0.00 575.46 AP 00372783 09/07/2016 GRIFFIN, SHIRR'L 122.50 0.00 122.50 AP 00372784 09/07/2016 HARRIS, AUGUST 125.00 0.00 125.00 AP 00372785 09/07/2016 HAYNES. TAADHIMEKA 500.00 0.00 500.00 AP 00372786 09/07/2016 HEARTSAVERS LLC 50.00 0.00 50.00 AP 00372787 09/07/2016 HENRY SCHEIN ANIMAL HEALTH SUPPLY 697.51 0.00 697.51 AP 00372788 09/07/2016 HERITAGE EDUCATION GROUP 58.00 0.00 58.00 AP 00372789 09/07/2016 HI WAY SAFETY INC 330.48 0.00 330.48 AP 00372790 09/07/2016 HINDERLITER DE LLAMAS AND ASSOCIATES 40,264.82 0.00 40,264.82 AP 00372791 09/07/2016 HOSE MAN INC 0.00 70.10 70.10 AP 00372792 09/07/2016 HOYT LUMBER CO., SM 0.00 54.40 54.40 AP 00372793 09/07/2016 IDEXX DISTRIBUTION INC 4,039.49 0.00 4,039.49 AP 00372794 09/07/2016 IMPRESSIONS GOURMET CATERING 324.00 0.00 324.00 AP 00372795 09/07/2016 INLAND EMPIRE PROPERTY SERVICES INC 0.00 3,765.00 3,765.00 AP 00372796 09/07/2016 INLAND PRESORT & MAILING SERVICES 15.78 0.00 15.78 AP 00372797 09/07/2016 INLAND VALLEY DAILY BULLETIN 97.99 0.00 97.99 AP 00372798 09/07/2016 INTERVET INC 5,159.20 0.00 5,159.20 AP 00372799 09/07/2016 J & D GUILLIAM CONSTRUCTION INC 750.00 0.00 750.00 AP 00372800 09/07/2016 JACOBSEN DIVISION OF TEXTRON INC 130.85 0.00 130.85 AP 00372801 09/07/2016 JOHN YEAW & ASSOCIATES 177.21 0.00 177.21 AP 00372802 09/07/2016 K K WOODWORKING 43.16 0.00 43.16 AP 00372803 09/07/2016 KENT HARRIS TRUCKING & MATERIALS 1,360.26 0.00 1,360.26 AP 00372804 09/07/2016 KIWANIS CLUB OF RANCHO CUCAMONGA 173.00 0.00 173.00 AP 00372805 09/07/2016 LANCE SOLL AND LUNGHARD 190.00 430.00 620.00 *** AP 00372806 09/07/2016 LAWANI, ABIEVHESE 242.22 0.00 242.22 User: VLOPEZ - VERONICA LOPEZ Page: 5 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait 1 Current Date: 09/13/2016 Time: 14:03:08 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Check No. Check Date Vendor Name AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00372807 00372808 00372809 00372810 00372811 00372812 00372813 00372814 00372815 00372816 00372817 00372818 00372819 00372820 00372821 00372822 00372823 00372824 00372825 00372826 00372828 00372829 00372830 00372831 00372832 00372833 00372834 00372835 00372836 00372837 00372838 00372839 00372840 00372841 00372842 00372843 00372844 00372845 00372846 00372847 00372848 00372849 00372850 00372851 00372852 00372853 00372854 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 User: VLOPEZ - VERONICA Report: CK_AGENDA_REG_P Agenda Check Register 8/30/2016 through 9/12/2016 LITTLE BEAR PRODUCTIONS LOS ANGELES FREIGHTLINER LOS ANGELES TIMES MAIN STREET SIGNS MARIPOSA LANDSCAPES INC MARK CHRISTOPHER INC MARSH, KIMBERLY MCMASTER CARR SUPPLY COMPANY MEDIWASTE DISPOSAL LLC MEINEKE CAR CARE CENTER MIDWEST TAPE MIJAC ALARM COMPANY MK AUTO DETAIL INC MOUNTAIN MOTOR SPORTS MOUNTAIN VIEW SMALL ENG REPAIR MSAB INC MYERS TIRE SUPPLY NAPA AUTO PARTS O'HARE, HEATHER OCCUPATIONAL HEALTH CTRS OF CA OFFICE DEPOT OLS SERVICE INC. ONTARIO SPAY AND NEUTER INC ONTARIO WINNELSON CO ONTARIO, CITY OF OPARC PALMER, MARIE FRANCES PARS PATTON SALES CORP PEP BOYS PETES ROAD SERVICE INC PRECISION CONCRETE CUTTING PRIME GLASS PRO SALES GROUP INC PSA PRINT GROUP QUAN, JENNIFER RANCHO CUCAMONGA FONTANA FAMILY YMCA RICHARDS WATSON AND GERSHON ROTO ROOTER RUGG, KEVIN SAFELITE FULFILLMENT INC SAN BERNARDINO COUNTY SHERIFFS DEPT SAN BERNARDINO CTY SC FUELS SIGN SHOP, THE SO CALIF GAS COMPANY SOCIAL VOCATIONAL SERVICES LOPEZ Page: 6 CCi 2,640.00 470.39 519.31 5,700.46 14,509.06 0.00 250.00 1,378.85 90.00 2,571.37 916.64 2,916.00 0.00 2,310.78 508.11 2,995.00 132.39 0.00 71.52 504.59 6,861.19 534.40 375.00 200.93 0.00 352.00 283.18 3,500.00 0.00 135.10 146.28 4,779.69 252.64 357.00 127.44 141.02 9,590.88 35,073.94 165.00 199.00 195.97 390.32 15,785.06 0.00 0.00 523.01 3,388.00 ORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait 1 P6 Fire Amount 0.00 1,967.33 0.00 0.00 0.00 774.20 0.00 0.00 0.00 0.00 0.00 0.00 385.00 0.00 0.00 0.00 0.00 280.20 0.00 289.80 61.73 0.00 0.00 0.00 10,000.00 0.00 0.00 0.00 77.22 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,175.50 0.00 0.00 0.00 0.00 0.00 1,675.58 194.40 205.74 0.00 Current Date: Time: 2,640.00 2,437.72 *** 519.31 5,700.46 14,509.06 774.20 250.00 1,378.85 90.00 2,571.37 916.64 2,916.00 385.00 2,310.78 508.11 2,995.00 132.39 280.20 71.52 794.39 6,922.92 534.40 375.00 200.93 10,000.00 352.00 283.18 3,500.00 77.22 135.10 146.28 4,779.69 252.64 357.00 127.44 141.02 9,590.88 38,249.44 165.00 199.00 195.97 390.32 15,785.06 1,675.58 194.40 728.75 *** 3,388.00 09/13/2016 14:03:08 *** Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00372855 00372857 00372858 00372859 00372860 00372861 00372862 00372863 00372864 00372865 00372866 00372867 00372868 00372869 00372874 00372875 00372876 00372877 00372878 00372879 00372880 00372881 00372882 00372883 00372884 00372885 00372893 00372894 00372895 00372896 00372897 00372898 00372899 00372900 00372901 00372902 00372903 00372904 00372905 00372906 Note: 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT A2enda Check ReOster 8/30/2016 through 9/12/2016 Vendor Name SOLAR CITY CORPORATION SOUTHERN CALIFORNIA EDISON SOUTHLAND FARMERS MARKET ASSOC INC SOUTHLAND SPORTS OFFICIALS STOTZ EQUIPMENT THOMPSON PLUMBING SUPPLY THREE D SERVICE COMPANY INC UNITED PACIFIC SERVICES INC UNITED ROTARY BRUSH CORPORATION UNITED SITE SERVICES OF CA INC UPLAND AUTO TRIM UPS UTILIQUEST VARSHA, ROMEN VERIZON WIRELESS - LA VERIZON WIRELESS - LA VISALIA PLAYERS AT ICE HOUSE THEATRE VORTEX INDUSTRIES INC WALTERS WHOLESALE ELECTRIC CO WAXIE SANITARY SUPPLY WEST COAST LIGHTS & SIRENS WESTCOAST MEDIA NYDER, TASNIM ABC LOCKSMITHS AIRGAS USA LLC BIBLIOTHECA ITG BRODART BOOKS CITRUS MOTORS ONTARIO INC DUNN EDWARDS CORPORATION EMCOR SERVICE EWING IRRIGATION PRODUCTS FASTENAL COMPANY FORD OF UPLAND INC GENERATOR SERVICES CO HOLLIDAY ROCK CO INC KME FIRE APPARATUS LIMS AUTO INC LN CURTIS AND SONS ORKIN PEST CONTROL VISTA PAINT C1 503.88 2,440.04 490.00 2,400.00 1,273.42 7.52 0.00 23,982.00 520.38 233.91 350.00 171.39 2,290.15 500.00 5,411.30 0.00 200.00 0.00 2,949.92 1,774.50 3,633.04 900.00 702.45 284.98 1,277.09 28,728.05 7,887.80 835.78 72.88 1,757.63 1,465.04 408.24 7,944.20 3,293.82 980.35 0.00 2,820.17 0.00 157.00 31.33 P7 Fire Amount 0.00 1,474.88 0.00 0.00 0.00 0.00 4,991.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,574.59 0.00 2,737.80 440.92 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 661.11 0.00 0.00 0.00 0.00 0.00 4,333.77 0.00 557.28 0.00 104.16 631.00 0.00 503.88 3,914.92 *** 490.00 2,400.00 1,273.42 7.52 4,991.50 23,982.00 520.38 233.91 350.00 171.39 2,290.15 500.00 5,411.30 2,574.59 200.00 2,737.80 3,390.84 *** 1,774.50 3,633.04 900.00 702.45 284.98 1,277.09 28,728.05 7,887.80 1,496.89 *** 72.88 1,757.63 1,465.04 408.24 7,944.20 7,627.59 *** 980.35 557.28 2,820.17 104.16 788.00 *** 31.33 Total City: $1,190,907.96 Total Fire: $207,377.68 Grand Total: $1,398,285.64 *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 7 Report: CK_AGENDA_REG_.PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait 1 Current Date: 09/13/2016 Time: 14:03:08 P8 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register August 1, 2016 - August 31,2016 DATE DESCRIPTION CITY FIRE AMOUNT 8/1 Workers Comp - Fire Account Transfer 663.96 663.96 8/2 AUTHNET GATEWAY BILLING CCD 85444534 57.75 57.75 8/3 STATE DISBURSEMENT UNIT - Child Support Payments 1,509.08 1,509.08 8/3 U.S. BANK - Purchasing Card Payment - July 2016 48,038.44 7,232.16 55,270.60 8/3 U.S. BANK - Corporate Card Payment - July 2016 0.00 34,810.99 34,810.99 8/3 Workers Comp - City Account Transfer 3,731.36 3,731.36 8/3 Workers Comp - Fire Account Transfer 1,621.99 1,621.99 8/4 CALPERS - Fire - Retirement Account Deposit 761.35 761.35 8/4 CALPERS - Fire - Retirement Account Deposit 2,080.51 2,080.51 8/4 CALPERS - Fire - Retirement Account Deposit 4,883.09 4,883.09 8/4 CALPERS - Fire - Retirement Account Deposit 6,046.68 6,046.68 8/4 CALPERS - Fire - Retirement Account Deposit 6,284.49 6,284.49 8/4 CALPERS - Fire - Retirement Account Deposit 108,839.87 108,839.87 8/4 STATE DISBURSEMENT UNIT - Child Support Payments 5,897.44 5,897.44 8/4 Workers Comp - City Account Transfer 3,239.63 3,239.63 8/4 Workers Comp - Fire Account Transfer 3,918.70 3,918.70 8/5 CALPERS - City - Retirement Account Deposit 36,849.95 36,849.95 8/5 CALPERS - City - Retirement Account Deposit 205,592.70 205,592.70 8/5 Workers Comp - City Account Transfer 486.04 486.04 8/5 Workers Comp - Fire Account Transfer 674.37 674.37 8/8 WIRE TRANSFER - To California ISO 84,197.88 84,197.88 8/8 Workers Comp - City Account Transfer 1,519.57 1,519.57 8/8 Workers Comp - Fire Account Transfer 124.47 124.47 8/9 Workers Comp - City Account Transfer 599.29 599.29 8/9 Workers Comp - Fire Account Transfer 302.86 302.86 8/10 Workers Comp - City Account Transfer 1,122.88 1,122.88 8/10 Workers Comp - Fire Account Transfer 253.49 253.49 8/11 Workers Comp - City Account Transfer 1,960.49 1,960.49 8/12 Workers Comp - City Account Transfer 442.78 442.78 8/15 WIRE TRANSFER - To MUFG Union Bank - Debt Service CFD 2001-01 #3 43,460.50 43,460.50 8/15 WIRE TRANSFER - To MUFG Union Bank - Debt Service CFD 2000-01 45,938.75 45,938.75 8/15 WIRE TRANSFER - To MUFG Union Bank - Debt Service CFD 2006-02 106,668.80 106,668.80 8/15 WIRE TRANSFER - To MUFG Union Bank - Debt Service CFD 2006-01 178,049.20 178,049.20 8/15 WIRE TRANSFER - To MUFG Union Bank - Debt Service CFD 2000-02 384,714.50 384,714.50 8/15 WIRE TRANSFER - To MUFG Union Bank - Debt Service CFD 2001-01 455,794.00 455,794.00 8/15 Workers Comp - City Account Transfer 673.52 673.52 8/16 Workers Comp - City Account Transfer 100.94 100.94 8/17 STATE DISBURSEMENT UNIT - Child Support Payments 1,509.08 1,509.08 8/17 Workers Comp - City Account Transfer 1,300.62 1,300.62 8/17 Workers Comp - Fire Account Transfer 491.00 491.00 8/18 CALPERS - City - Retirement Account Deposit 36,624.36 36,624.36 8/18 CALPERS - City - Retirement Account Deposit 202,718.02 202,718.02 8/18 CALPERS - Fire - Retirement Account Deposit 892.00 892.00 8/18 CALPERS - Fire - Retirement Account Deposit 2,051.67 2,051.67 8/18 CALPERS - Fire - Retirement Account Deposit 4,883.09 4,883.09 8/18 CALPERS - Fire - Retirement Account Deposit 6,065.85 6,065.85 8/18 CALPERS - Fire - Retirement Account Deposit 6,459.16 6,459.16 8/18 CALPERS - Fire - Retirement Account Deposit 108,840.16 108,840.16 8/18 STATE DISBURSEMENT UNIT - Child Support Payments 6,238.16 6,238.16 8/18 WIRE TRANSFER - To Wells Fargo Bank - CFD Debt Service and Interest Payments 2,858,151.11 2,858,151.11 8/18 Workers Comp - City Account Transfer 442.78 442.78 8/18 Workers Comp - Fire Account Transfer 3.60 3.60 8/19 Workers Comp - City Account Transfer 3,408.63 3,408.63 8/19 Workers Comp - Fire Account Transfer 2,136.89 2,136.89 8/22 Workers Comp - Fire Account Transfer 1,515.37 1,515.37 8/23 Workers Comp - City Account Transfer 1,937.14 1,937.14 8/23 Workers Comp - Fire Account Transfer 1,173.87 1,173.87 8/24 Workers Comp - City Account Transfer 5,255.05 5,255.05 8/24 Workers Comp - Fire Account Transfer 7,804.87 7,804.87 1 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register August 1, 2016 - August 31,2016 DATE DESCRIPTION CITY FIRE AMOUNT 8/25 Workers Comp - City Account Transfer 1,721.43 1,721.43 8/25 Workers Comp - Fire Account Transfer 2,562.49 2,562.49 8/26 Workers Comp - Fire Account Transfer 3,267.60 3,267.60 8/29 Workers Comp - City Account Transfer 364.12 364.12 8/29 Workers Comp - Fire Account Transfer 1,206.56 1,206.56 8/30 CALPERS - City - Retirement Account Deposit 36,552.86 36,552.86 8/30 CALPERS - City - Retirement Account Deposit 207,212.26 207,212.26 8/30 CALPERS - Fire - Retirement Account Deposit 803.00 803.00 8/30 CALPERS - Fire - Retirement Account Deposit 1,847.00 1,847.00 8/30 CALPERS - Fire - Retirement Account Deposit 4,395.00 4,395.00 8/30 CALPERS - Fire - Retirement Account Deposit 5,460.00 5,460.00 8/30 CALPERS - Fire - Retirement Account Deposit 5,813.00 5,813.00 8/30 CALPERS - Fire - Retirement Account Deposit 97,956.00 97,956.00 8/30 Workers Comp - City Account Transfer 181.67 181.67 8/31 U.S. BANK - Purchasing Card Payment - August 2016 51,577.55 8,006.99 59,584.54 8/31 U.S. BANK - Corporate Card Payment - August 2016 51,950.27 22,264.40 74,214.67 8/31 WIRE TRANSFER - To Wells Fargo Bank - Debt Service Assessment District No. 93-1 196,406.19 196,406.19 8/31 Workers Comp - City Account Transfer 211.08 211.08 Total City Total Fire GRAND TOTAL 2 $ 5,262,272.27 $ 486,534.15 $ 5,748,806.42 P9 City of Rancho Cucamonga >.•et0U)0 Fr fD N M 10 n W O O o Iso eel CO n M 0 n o 0) V) CO en 7 0 f") R n 0 O f7 0 m A.P. 1- r r (')0) O O u) t0 N CO N. 0 NO N- CO 10 c 0) N NCO 6,300,141 91 6,300.141 91 1,773.121 90 00) n 57,838,124 73 57,949,058.42 1,817.770 57 1,832.973 60 y O O O N z 0) 0) 0 0 O. O O > 0 0 O O 0 � 10 N M n CO CO m N. 1n Investments c a LJ g O o U E < a) N cm 7 C N > N U O c c 0 m O c) q0 a_ O $ 2 `° U C 0 ii i O 0) 0 1.000.000 00 Corporate Notes CD 68,728,059.89 68,865,914.83 68,743,263.81 Investments Cash and Accrued Interest Accrued Interest at Purchase CO 1 1 O) a0 CO M 68,728,141.66 68,865,996.60 68,743,263.81 Total Cash and Investments Fiscal Year To Date August 31 Month Ending Total Earnings CV N f0 N N Current Year 70,091,541.34 67,558,155.86 Average Daily Balance P10 O u) C n n LL a) y O 2 > c1E o a >0 a 2 rn a) -- Uc O cE a) .c a)1 - E y to a)N c LO C o. a) x 0. 13 0 m Q E N O N CV -C 0 N: 0 E X E -i) 0.c a) a) L 2a) o°) E CO 0 U_ O V 0. c•Q 6'1 E O N � O L c a) U .L. C .0 3 E' N 7 N E 0 o O ci O i? .E c ti^ c N U 1.c~ (11 E N L N V N to E.0 T. > O a - c -0 d o 00 N O o_ E 2- `o 0aU N_ c - L N 1- > - C �E°? c c To oaU 7 0 a)E CO •VZO 7 0 w en acnCO ami E m .E >> F - + O C L O 0 E a) m E Q Oe U a) 'c Effective Rate of Return Reporting period 08/01/2016-08/31/2016 Run Date 09/12/2016 -17 19 .2 p V 0 Market Value w To a CO M .00 0. CD w 0) CO C > (O Qm w N Investment # 0. w 0 Local Agency Investment Fund 6,300,141.91 6,300,141.91 6,300,141.91 LOCAL AGENCY INVESTMENT FUND 0 O (O O 0cv O N O 0 0 0) 0) 0) 0 0 CO o r- 0) O) 0 0) O 0 (0 O) 0) 0) 0 0 O) 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 N N N N N N N N N N N N N N N N N N N N N N N N N N 0 C) 0 (+) O) 0) 17 N. 0 0) V 0 0 0 N. 0 0 1- 0) 0) 10 0 0 0 ,_ N N N N N .- N N,- N N c•) C) O) N O) 0) N N N N N O) N 0 (O 0) 0 (•) co co 10 0 CO O) u) f� CD 0 V .- V O r (� n o o N- 0.- 0 0 0 0 0 0 0 0 0 1- 0 0 0 0 .- O ; r 0 CO CO u) r N V 0) (O n V 0) (n CO (0 CO 0) CO (O N 0 0) (O (O (n V V 0 .- (0 CO 0) 10 N CO (n 0) 0) 0) N 0 CO IN (O V V 0) 0 0 C4 �.-.- c) DI Co) (O (O ) Of O1 u) r. 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N 3 0o ` o-0 v c7 c �r s� T d td v to0 ti. o cv �0 Q 0 r V- o V c 0 0 G. a O to o z N s Z N 0 0 c \ 0 C 0 G G V U• 00 0 0 y0 a $ N 0 CO V 6 QON o O % _ 0 N U. O. t0 N cwN N 1 v O 4 0 v •L N G c O v c 2 . co O N a- a 0 N LE Jr O M CU N _ .O C) 0 Eta ca o 0 EL0 0 s 0 c co ce P15 V �L �F+ G o f+ (,i G� •i 15 0_ c9 L_ �r co 4E4 C E oE .o < V 42 va 0 v a e 0 p0 \0 0 0 o 00 0O o o\ 0 O O O 0 0 0 0 0 O 0 -4-':7' M N CON •- O 4 - 5 Years P16 Under 6 Months 6 - 12 Months P17 STAFF REPORT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Date: September 21, 2016 To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Costello, Fire Chief By: Don Cloughesy, Deputy Fire Chief Ruth Cain, Purchasing Manager Pamela Pane, Management Analyst III RANCHO CUCAMONGA Subject: CONSIDERATION FOR APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) FOR THIRD (3RD) PARTY INSPECTION SERVICES FOR THE FIRE TRAINING FACILITY INCREMENTS I & II, WITH RMA GROUP, OF RANCHO CUCAMONGA, IN THE AMOUNT OF $149,487.00 IN ACCORDANCE WITH RFP #16/17-002, AND AUTHORIZE A 10% CONTINGENCY IN THE AMOUNT OF $14,949.00, FROM ACCOUNT NO. 3288501-5650/1735288-6314 (TRAINING FACILITY — CONSTRUCTION) RECOMMENDATION Fire District staff recommends consideration of approval of a Professional Services Agreement (PSA) for Third (3rd) Party Inspection Services for the regional All -Risk Training Center, Increments I & II, with RMA Group of Rancho Cucamonga, in the amount of $149,487.00, in accordance with RFP #16/17-002, and authorize a 10% contingency in the amount of $14,949.00, from Account No. 3288501-5650/1735288-6314 (Training Facility — Construction). BACKGROUND The regional All -Risk Training Center construction project requires third party inspection services to include professional materials testing and inspection services in accordance with the requirements of Title 24 and agency guidelines. These services would include: grading observation; compaction testing of subgrade and utility trench backfill; structural concrete and concrete pavement testing and inspection; high strength bolt testing; masonry inspection and testing; anchor bolt inspection and testing and welding inspection. This would include all laboratory testing services as required by the project specifications and applicable codes. Fire staff provided the detailed specifications for third party inspection services to the Purchasing Division. Purchasing prepared and posted formal RFP #16/17-002 to the City's automated procurement system. As a result, there were one hundred seventy-four (174) vendors notified, thirty-five (35) vendors downloaded the RFP documentation, and eight (8) vendors responded. An Evaluation Committee consisting of staff from the Fire District, City and Purchasing conducted a thorough rating process and analysis of the RFP responses. RMA Group was P18 CONSIDERATION OF APPROVAL TO AWARD AND AUTHORIZE THE EXECUTION OF THE PSA WITH RMA GROUP FOR THE REGIONAL ALL-RISK TRAINING CENTER THIRD PARTY INSPECTION SERVICES PAGE' 2 SEPTEMBER 21, 2016 ranked the most qualified and most responsive bidder meeting the District's needs for the project. Therefore, staff is recommending an award to RMA Group of Rancho Cucamonga, California in accordance with the specifications published in RFP #65/17-002. All applicable documentation is on file in the City's electronic procurement system and can be located through the City's Internet. P19 STAFF REPORT R-1NCHO CUCAMONGA FIRE PROTECTION DISTRICT Date: September 21, 2016 To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Costello, Fire Chief By: Don Cloughesy, Deputy Fire Chief Pamela Pane, Management Analyst III RANCHO CUCAMONGA Subject: CONSIDERATION OF APPROVAL TO ACCEPT THE BID RECEIVED, AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $4,779,000 (BASE BID $3,779,000 (INCLUDES A $185,000 ALLOWANCE) AND ALTERNATE BID 5 $1,000,000) TO THE LOWEST RESPONSIVE BIDDER, HORIZONS CONSTRUCTION, FOR THE REGIONAL ALL-RISK TRAINING CENTER CONSTRUCTION PROJECT, INCREMENT II, TO BE FUNDED FROM ACCOUNT NUMBER 3288501-5650/1735288-6314 AND APPROPRIATE $571,900 (AN ADDITIONAL $292,900 ALLOWANCE/CONTINGENCY FOR $477,900 (10%) CONTINGENCY TOTAL AND $279,000 ADDITIONAL FOR THE CONSTRUCTION CONTRACT) FROM FIRE PROTECTION DISTRICT CAPITAL BUILDING RESERVES FUND BALANCE TO ACCOUNT NO. 3288501-5650/1735288-6314 RECOMMENDATION Fire District staff recommends consideration of approval to accept the bid received, and award and authorize the execution of the contract in the amount of $4,779,000 (Base Bid $3,779,000 (includes a $185,000 Allowance) and Alternate Bid 5 $1,000,000) to the lowest responsive bidder, Horizons Construction, for the regional All -Risk Training Center Construction project, Increment II, to be funded from Account Number 3288501-5650/1735288-6314 and approval to appropriate $571,900 (an additional $292,900 allowance/contingency for $477,900 (10%) contingency total and $279,000 additional for the construction contract) from Fire Protection District Capital Building Reserves Fund Balance to Account No. 3288501-5650/1735288-6314. BACKGROUND As the Fire Board will recall, on February 16, 2016, the Fire Board took action to approve plans, specifications, and estimates and authorize the City Clerk to advertise the Notice Inviting Bids for the construction of the regional All -Risk Training Center. On February 16, 2016, the City Clerk's Office opened the bids; however, all bids were significantly higher than the Engineer's estimate. Therefore, on March 2, 2016, the Fire Board rejected all bids with the understanding that the District refine the design of the project and the updated project would bid in two (2) phases, Increment I and Increment II. Increment I consists of the construction of a simulated 2 -story residential training structure, a warehouse/parts storage building, a multi -story training tower, and a 70' tall high -angle rescue simulation communications tower. This also includes all other site work, demolition, grading, parking lots, underground utilities and all work associated with the rear site training area P20 CONSIDERATION OF APPROVAL TO ACCEPT THE BID RECEIVED, AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT FOR THE REGIONAL ALL-RISK TRAINING CENTER, INCREMENT II, CONSTRUCTION PROJECT PAGEI 2 SEPTEMBER 21, 2016 improvements, at the existing Jersey Fire Station (174). That portion of the project was awarded on July 20, 2016, and construction began on the 22nd of August. Increment 11 design included up to three (3) buildings, the main classroom building, Data Center and a Locker room/Laundry. The Data Center and Locker room buildings were designated as alternates, as well as the completion of the landscape, walkways and surrounding curb appeal in the area of these buildings. Multiple methods were used to reduce costs in Phase II including the reduction of square footage, changing the construction height of the buildings (2 -story to 1 - story) and changes in building materials to lower cost, but using equally durable and aesthetically pleasing materials. These changes were made without sacrificing the critical scope for functionality of the project. On July 6, 2016, the Fire Board authorized the City Clerk to re -advertise for the plans, specifications and estimates for the updated project, Increment 11 of the regional All -Risk Training Center. The City Clerk's office opened bids on August 23, 2016. The lowest responsive base bid, from Horizons Construction, was $3,779,000. District Staff, along with the Construction Management Firm and Architect, have reviewed this bid and found it to be complete and in accordance with the bid requirements. Additionally, after review of the bids for the alternates, it has been determined to be in the best interest of the District to award only Alternate 5, for Building B that houses the locker room/laundry, in the amount of $1,000,000. A background investigation was completed and Staff finds that the lowest responsive bidder, Horizons Construction, meets the requirements of the bid documents. On August 26, 2016, a bidder, Hamel Contracting, Inc., submitted a formal protest against the bid proposal submitted by Horizons Construction. District staff and legal counsel reviewed the protest and have rejected the protest and sent notification to Hamel Contracting on September 7, 2016. Staying in line with the Fire District's goal of providing premier service, the regional All -Risk Training Center will maximize current and future skills/capabilities of not only Rancho Cucamonga Fire District personnel, but also our Rancho Sheriff, City Personnel and other public safety organizations and regional public safety partners. The center will also provide a realistic environment for local teams of trained Community Emergency Response Team (CERT) volunteers and offer a meeting location for public education and other civic organizations. The Training Center is included in the list of adopted Council goals and represents the final phase of the Jersey Fire Station site plan created in 1989. Therefore, District staff recommends that the Fire Board accept the bid, authorize the execution of the contract of $4,779,000 to Horizons Construction and appropriate $571,900 from Fire Protection District Capital Building Reserves Fund Balance. STAFF REPORT CITY NLANAGER'S OFFICL P21 RANCHO Date: September 21, 2016 CUCAMONGA To: Mayor and Members of the City Council President and Members of the Board John Gillison, City Manager From: Fabian Villenas, Principal Management Analyst By: Deborah Allen, Management Aide- Sustainability Subject: CONSIDERATION TO APPROVE AN INCREASE TO CONTRACT NO. CO 14-247 IN THE AMOUNT OF $55,950 TO NEWCOMB, ANDERSON, MCCORMICK FOR ADDITIONAL ENERGY ENGINEERING SERVICES, $46,500 FROM ACCOUNT NO. 1025001-5300 AND $9,450 FROM 3288501-5300 AND APPROVE APPROPRIATIONS IN THE AMOUNT OF $46,500 FROM CITY CAPITAL RESERVES TO ACCOUNT NO. 1025001-5300 AND $9,450 FROM FIRE DISTRICT RESERVES TO ACCOUNT NO. 3288501-5300. RECOMMENDATION It is recommended that the City Council approve an increase to Contract No. 14-247 in the amount of $55,950 to Newcomb, Anderson, McCormick for additional solar energy engineering services, $46,500 from Account No. 1025001-5300 and $9,450 from 3288501-5300 and approve appropriations in the amount of $46,500 from City Capital Reserves to Account No. 1025001-5300 and $9,450 from Fire District Reserves to Account No. 3288501-5300. BACKGROUND Newcomb, Anderson, McCormick (NAM) has provided solar energy engineering since the City was initially involved in SANBAG's regional joint solar procurement effort in 2012. As SANBAG's regional efforts concluded, the City contracted with NAM to continue providing services to the City for the SolarRC Expansion Project to install solar power at Central Park, Epicenter, Animal Center, and Day Creek and Banyan Fire Station. These projects were successfully completed and two of the five sites are currently energized. The remaining sites are slated to be energized this month. NAM has provided critical solar engineering services throughout the project including securing the California Solar Initiative rebates, preparing technical specifications, drafting procurement documents, developing the Request for Proposal (RFP), establishing evaluation criteria, reviewing vendor proposals, assisting with contract negotiations, performing construction management, providing technical oversight, establishing system testing procedures, and performing commissioning tasks. As part of the City's continuing efforts to capitalize on solar power, NAM has also completed several solar feasibility studies for other City sites. The results of the analysis show that Red Hill Park, City Hall East Lot, and the Corporate Yard warehouse could benefit from solar energy and generate energy savings over the life of the systems. In addition, two upcoming City buildings, the Rancho P22 CONSIDERATION TO APPROVE AN INCREASE TO CONTRACT NO. CO 14-247 IN THE AMOUNT OF $55,950 TO NEWCOMB, ANDERSON, MCCORMICK FOR ADDITIONAL ENERGY ENGINEERING SERVICES, $46,500 FROM ACCOUNT NO. 1025001-5300 AND $9,450 FROM 3288501-5300 AND APPROVE APPROPRIATIONS IN THE AMOUNT OF $46,500 FROM CITY CAPITAL RESERVES TO ACCOUNT NO. 1025001-5300 AND $9,450 FROM FIRE DISTRICT RESERVES TO ACCOUNT NO. 3288501-5300. SEPTEMBER 21, 2016 Cucamonga Sports Center and the Fire Training Facility, will be built as "solar -ready". These yet -to - be -built facilities would be part of the Request for Proposal (RFP) for the installation of solar photovoltaic system. By bundling these five sites together, it is believed the economies of scale will provide the City and Fire District with very competitive bids. The scope of work includes: • Draft technical specifications • Document existing conditions for each site • Develop evaluation methodology, scoring criteria and scoring sheets • Identify and edit model solar implementation agreement • Prepare for and attend proposers' conference and site walks • Prepare responses to proposer questions • Develop addenda(s), as needed • Review and conduct preliminary proposal scoring • Estimate energy usage for sites not yet constructed • Develop a vendor short list for interviews • Develop Proposal Evaluation Report • Develop negotiation strategies and represent City and Fire District in negotiations • Identify cost drivers and other scope issues in need of negotiating • Develop and/or review contract modifications Once the RFP for the sites has been developed, staff will bring it back to Council for authorization to advertise the "Notice of Inviting Proposals". Upon receiving the RFP responses and conducting the necessary analysis, staff will provide Council with recommendation options for moving forward with all, some, or none of the sites, as well as a financing plan. A City Capital Reserve appropriation of $46,500 is requested for Red Hill Park, City Hall, and the Corporate Yard sites. An appropriation of $9,450 from Fire District Reserves is requested for the Sports Center, and the Fire Training Facility. Both of these new facilities support the Fire District's commitment to emergency preparedness and disaster resiliency and will be a resource to the community before, during and after an emergency. CONCLUSION Staff recommends that the City Council approve an increase to Contract No. 14-247 in the amount of $55,950 to Newcomb, Anderson, McCormick for additional solar energy engineering services, $46,500 from Account No. 1025001-5300 and $9,450 from 3288501-5300 and approve appropriations in the amount of $46,500 from City Capital Reserves to Account No. 1025001-5300 and $9,450 from Fire District Reserves to Account No. 3288501-5300. STAFF REPORT ADMINIS I RATWE SERVICES Date: September 21, 2016 To: Mayor and Members of City Council President and Members of the Board of Directors John R. Gillison, City Manager From: Ruth Cain, CPPB, Procurement Manager(ra--- By: Cheryl Combs, Procurement Technician ilipl\P23 Al12 RANCHO CUCAMONGA Subject: CONSIDERATION TO DECLARE SURPLUS FOR CITY OWNED VEHICLES, OFFICE AND COMPUTER EQUIPMENT, AND MISCELLANEOUS ELECTRONICS THAT HAVE BEEN DEEMED NO LONGER NEEDED, OBSOLETE OR UNUSABLE. RECOMMENDATION It is recommended that City Council approve to declare surplus for City owned miscellaneous vehicles, office and computer equipment, and miscellaneous electronics that have been deemed no longer needed, obsolete or unusable. BACKGROUND It has been the policy of the City to request that the City Council provide authorization to the Purchasing Manager to dispose of City property by declaring such items as surplus. Items become surplus when they have been deemed obsolete and unsuitable for City use. Methods of surplus are as follows: transfer to another department, trade-in, and sale by auction, sale as scrap by auction, donation, or simply disposing of the equipment through methods that reduce landfills and promote safe recycling practices. Prior to compiling the vehicle surplus list, the Purchasing Manager relies on information provided by Fire and Public Works Services' staff to determine whether or not a vehicle should be deemed as surplus. Factors such as a vehicle's depreciation, mileage/use, age, condition, maintenance history, and lack of parts availability are taken into careful consideration prior to placing a vehicle on the surplus list. The majority of items to be considered for surplus at this time are fleet vehicles and computer equipment. If the City Council is in agreement, these items will be disposed of through auction or best method as determined by the Purchasing Manager. CONSIDERATION TO DECLARE SURPLUS DEEMED No LONGER NEEDED SEPTEMBER 21, 2016 PAGE 2 COMPUTER EQUIPMENT F/A No. IS00107 IS00104 IS00116 IS00120 IS00108 3050 4036 4022 3616 3602 3353 3439 3254 3600 3899 928 3281 885 3282 703 02928 IS00222 00551 02262 03249 00364 02943 03020 RC003024 04591 04592 04398 00550 03280 RC005147 RC005138 RC005149 RC005139 RC005082 RC005089 IS00653 01116 00189 Description Make/Model APC UPS Smart UPS 1500 APC UPS Smart UPS 1500 APC UPS Smart UPS 1500 APC UPS Smart UPS 1500 APC UPS Smart UPS 1500 APC UPS Smart UPS 1500 Lenovo Think Center MT -M 881-3vI Lenovo Think Center MT -M 933637-WCB IBM Thinkpad T60 IBM Thinkpad T60 Panasonic Laptop CF -Y4 Panasonic Laptop CF -Y5 IBM Thinkpad T43 IBM Thinkpad T60 IBM Thinkpad T60 IBM Thinkpad T43 Panasonic Toughbook CF -29 Panasonic Toughbook CF -29 Panasonic Toughbook CF -29 HP Laserjet 1300N HP Photo Smart 812 Q2146A HP Jetdirect Box 300X Ocean Systems Server E Server 240 X Series HP Laserjet 4250 dtn HP Printer LJ 4000 Ithaca Printer Series 90 Ithaca Printer Series 90 Ithaca Printer Series 90 IBM IBM POS IBM Surepoint IBM IBM POS IBM Surepoint IBM IBM POS IBM Surepoint Digital Inteligent F.R.E.D. Hard Drive Panasonic Laptop Lenovo Thinkvision Monitor 9419-HC2 Lenovo Thinkvision Monitor 9419-HC2 Lenovo Thinkvision Monitor 9419-HC2 Lenovo Thinkvision Monitor 9419-HC2 IBM ThinkVision Monitor 6636-AB1 IBM ThinkVision Monitors 6636 HB1 Dell Monitor REVA00 HP Laserjet 5550 DTNQ3716A HP Printer LJ3005 DNQ7815A Serial No. AS0846231654 AS0846231649 AS0921222348 AS0921222408 AS0846231636 AS0322111415 LKFVAXO LKCKAZO L31 L5D4 L31 K 1 Z9 CF-Y4HWPZZBM 61JSA42855 L3BXEM4 L31 G8K4 L34P7T5 L3C2008 5KKSA77093 5AKSA92412 5KKSA77089 CNCB237408 N/A J3263-60021 2118608 23GF568 CNGXD35647 USEK061694 HP002365498 H R002350376 HR002350378 MTM1S485256641 DR220 MTM1S485256641 DR908 MTM 1548525264123614 WI20021104A CF29L3LG2BM VLDM183 VLDM178 VLDM192 VLDL908 VID5827 VI D6021 CN-OGSCCV6418031033U JPFC64V03K JPRFC21746 P24 CONSIDERATION TO DECLARE SURPLUS DEEMED No LONGER NEEDED SEPTEMBER 21, 2016 PAGE 3 F/A No. 01172 01055 3442 03325 DoIT 1048 DoIT 1057 DoIT 1094 2317 00577 003333 003339 RC00925 RC000887 Description Make/Model HP Printer LJ3600DNQ5988A HP Printer LJ2605Q7822A HP Printer HP9500 HP Printer HP9500 HP Printer HP4700 Lenovo Monitor L192P HP Monitor LA2006X Epson Projector EMP -715 Lenovo Monitor L2021 Apple IMAC A1173 Apple IMAC A1173 IBM eServer Rack P5 IBM eServer Rack P -Series VEHICLES & LARGE EQUIPMENT Unit # 65-98 72-87 703 812 1526 Year 1998 1987 1992 2000 2004 1648 2005 2502 2512 2642 2004 2003 2007 2715 2008 2641 2643 2644 2650 1632 1651 2008 2009 2007 2008 1997 2000 Vehicles Ford Explorer International Step Van E-350 Motor Home FORD F-350 FORD F-350 Schwarze Sweeper Ford Dump Bed F-350 4X4 Ford Stake Bed F-250 4X4 Schwarze Sweeper FORD RANGER 4X2 (vehicle totaled) Schwarze Street Sweeper Schwarze Street Sweeper Schwarze Street Sweeper Schwarze Street Sweeper Inernational Dump Truck INTL Vactor Sewer Truck VIN # 1 FMZU34X3WZC11925 1 HTMAZMH5HH485223 1 FDKE3062NHB47496 1 FDWX36S1 YEE25107 1 FDWW36S54EA50013 1FVABTB575DU84925 1 FDWX33S94ED29658 1 FDNX215X3ED35606 2FZXCL0027AY84824 1FTYR14U68PA15505 2FZXCC0058A290587 49HXCP0017DY00421 2FZXCL0067AY84826 2FZXCL0038AZ90586 1 HTSCAAL2WH526593 1 HTGCADT81 H279865 Serial No. CNWHH44350 CNGC7IKDYF JPNJB05397 JPNJB04024 JP2LD06891 VLDP459 CNC1450YKH CWQ01 X0046C V262229 QP6230TFU2R QP6230TEU2R 10-402EF 10-E700D Condition FAIR FAIR UNKNOWN UNKNOWN UNKNOWN FIRE DAMAGE UNKNOWN UNKNOWN BODY DMG T/C T - BONED UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN Mileage 87,345 56,608 34,934 68,373 94,648 58,886 93,616 117,669 51,594 9,143 60,667 36,119 58,572 61,388 62,732 51,468 P25 Dept. FIRE FIRE PW PW PW PW PW PW PW PW PW PW PW PW PW PW CONSIDERATION TO DECLARE SURPLUS DEEMED No LONGER NEEDED SEPTEMBER 21, 2016 PAGE 4 Unit # Year E502 2002 E506 2003 E510 2005 E511 2005 E528 2005 1528 1994 E547 2005 575P 2002 595 1990 E602 2002 E606 2004 E607 2004 659 1991 821 1998 872 1995 E871 2003 891 1998 1597 2000 1646 2000 1647 2000 E6070 1999 1582 2002 10503 2000 Equipment XMARK LAZER MOWER Exmark Mower, Lazer Smithco Field Rake Cushman Turf Untility art John Deer Utility Cart John Deer Gator 4X2 Utility Cart Smithco Field Rake SDI Spayer Clarke 576-415 Unknown Water pump Advance Message Board ADV. Safety MESSAGE BOARD Wacker Roller OFFICE EQUIPMENT F/A No. 01532 00568 00547 00364 E-9 00260 00014 SDMO Generator EZ GO Golf Cart EZ GO Golf Cart Advance Lot Sweeper John Deer Cart John Deer LOADER John Deer Back Hoe Berema Pionjar VERMEER CHIPPER John Deer UTILITY CART VIN # LZ26KC724 465466 43008 2319460 WOE4X2EO11926 W004X2X011556 43010 31230 Lot Sweeper Unknown Unknown MMC85T116 620081120 4AGEU 1624XCO284 28 878109 1526265 UNKNOWN WOE4X2001401 DW544HX578359 T0410EX892213 903173 1 VRU 111 A7210023 22 WOOTURF008625 Condition UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN Dept. PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW UNKNOWN PW Description Make/Model Microfilm Reader Printer (RP) 603Z (Minolta Konica -Minolta) Bell & Howell RP603Z HP PSC 2500 Canon PowerShot A80 TYPEWRITER IBM Selectric II Typewriter MicroFiche Reader P26 Serial No. 316647 Q3093A 8226023234 E-75 6793861 25147H P27 CONSIDERATION TO DECLARE SURPLUS DEEMED NO LONGER NEEDED SEPTEMBER 21, 2016 PAGE 5 MISC. ELECTRONIC EQUIPMENT F/A No. Description Make/Model Serial No. 21520 Canon E0S630 Camera 2609090 21519 Canon Speedlight 300EZ N/A 01708 RCA TV/F32632SB 738270413 01267 Zenith TV -VCR Combo/TVR1920-1 45003149 00292 Motorola Radio Centracom II PC N/A 00293 Motorola Radio Centracom II Controller N/A 00698 Advanced Safety Products N/A 02450 Micron Electronics Computer for use with message boards 1430073-0001 STAFF REPORT SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY Date: September 21, 2016 To: Chairman and Members of the Successor Agency John R. Gillison, City Manager From: Elisa C. Cox, Deputy City Manager — Civic & Cultural Services By: Donna Finch, Management Analyst I P28 RANCHO CUCAMONGA Subject: Approval of a Professional Services Agreement with Best, Best & Krieger to Provide Bond Counsel and Disclosure Counsel for a Proposed Refunding of the Rancho Cucamonga Redevelopment Agency Tax Exempt 2007 Housing Bonds, Series A, for an amount not to exceed $125,000. RECOMMENDATION Approve the Successor Agency's execution and delivery of a contract with Best, Best & Krieger to provide bond counsel and disclosure counsel for a proposed refunding of the Rancho Cucamonga Redevelopment Agency Tax Exempt 2007 Housing Bonds, Series A, for an amount not to exceed $125,000. BACKGROUND/ANALYSIS Pursuant to Health and Safety Code Section 34172 (a), the Rancho Cucamonga Redevelopment Agency (the "Former Agency") was dissolved on February 1, 2012 and no longer exists as a public body. Prior to the dissolution of redevelopment, the Former Agency issued $73,305,00 in 2007 Housing Set -Aside Tax Allocation Bonds, Series A (the "2007A Bonds") for the purpose of financing redevelopment housing projects. Agency staff and its financial advisor have evaluated the 2007A bond issue and have determined that refunding the bonds would be economically beneficial based on current interest rates. The savings in debt service payments over the life of the bonds is estimated at approximately $12.5 million, which is a 20% savings on the current debt service. As part of the preparation of the bond refunding, specialized legal counsel is needed to provide bond counsel and disclosure counsel services to the Successor Agency. Bond Counsel will provide advice to the Agency with respect to the refunding from the bond law perspective and prepare the key legal documents. As part of the closing for the refunding, Bond Counsel will issue its approving legal opinion that all proceedings have been legally undertaken and that interest paid with respect to the bonds is excluded from gross income or federal income tax and is exempt from California personal income tax. Disclosure Counsel will confer and consult with the Agency's staff, bond insurers and the Agency's financing consultant and underwriter on all matters relating to the preparation of an official statement describing the terms of issuance of the bonds. The contract with Best, Best & Krieger is intended to be paid from the refunding bond costs of issuance. Should the refunding bond not go forward, then the payment of its fees will be placed on the next available Recognized Obligation Payment Schedule (i.e., ROPS 17-18) and will be paid either from the Redevelopment Property Trust Tax Fund as a separate ROPS line item or from the Successor Agency's administrative cost allowance, based on the State Department of Finance's approval. The form of the contract may be substituted pending additional discussions between the Agency and the consultant on the terms of payment. If so, Staff will bring forth the revised contract to a meeting of the Successor Agency. Attachment: Contract for Bond Counsel and Disclosure Counsel Services P29 Indian Wells (760) 568-2611 Irvine (949) 263-2600 Los Angeles (213) 617-8100 Ontario (909) 989-8584 I 111 BEST BEST & KRIEGER n ATTORNEYS AT LAW 3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502 Phone: (951) 686-1450 1 Fax: (951) 686-3083 1 www.bbklaw.com John R. Rottschaefer (951) 826-8275 john.rottschaefer@bbklaw.com August 30, 2016 Linda Daniels Assistant City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Washington, DC (202) 785-0600 Re: Bond Counsel and Disclosure Counsel Services to Successor Agency to the Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Tax Allocation Refunding Bonds, Series 2016 Dear Linda: We are pleased to submit this letter to you in connection with our services as bond counsel and disclosure counsel to the Successor Agency to the Rancho Cucamonga Redevelopment Agency (the "Successor Agency") relating to the proposed issuance of the Successor Agency's above -captioned bonds (the "Bonds"). The firm of Best Best & Krieger LLP will serve as bond counsel and disclosure counsel on this matter and proposes to perform the following services on the basis set forth in this letter. As bond counsel we will confer and consult with the Successor Agency's staff on all matters relating to the financing. We will assist the Successor Agency in identifying the most advantageous method of financing based upon our experience and we will attend all meetings of the Successor Agency staff, consultants and underwriter at which financing methods are to be discussed and analyzed for successful completion of the financing. With respect to the Bonds, our services will include the review of the relevant terms of the bonds to be refunded, preparation of all agreements, resolutions, notices, bond forms and all other legal documents required by California law for the execution, sale and delivery of the Bonds. We will attend all meetings in which the Bonds will be discussed or any action in connection with the proceedings is to be taken. Subject to completion of the financing to our satisfaction, Best Best & Krieger LLP will issue its approving legal opinion to the purchasers of the Bonds to the effect that all proceedings have been legally undertaken for the authorization, execution, sale and delivery of the Bonds, or other transactions relating to the financing and that interest paid with respect to the Bonds is excluded from gross income for federal income tax purposes and is exempt from State of 09960 00000\29009995 1 Linda Daniels August 30, 2016 Page 2 I NJ I NJ 11J1 BEST BEST & KRIEGER ATTORNEYS AT LAW California personal income tax. We will also issue appropriate supplemental opinions and certificates as may be necessary or appropriate. As disclosure counsel, we will confer and consult with the Successor Agency staff, bond insurers and the Successor Agency's financing consultant and underwriter on all matters relating to the preparation of an official statement describing the terms of issuance of the Bonds. Our services will include the preparation of a preliminary and final official statement, a purchase contract and a continuing disclosure agreement, in order for the Successor Agency to comply with Rule 15c2-12. We will also update our diligence files in order to verify the narrative in the Official Statement regarding the recent history of the golf course and its operations. Subject to completion of the financing to our satisfaction, Best Best & Krieger LLP will issue its legal opinion with respect to the matters discussed in the official statement. Based on our current understanding of the issuance of the Bonds and the involvement of Best Best & Krieger LLP attorneys in drafting documents relating to the issuance of the Bonds and delivering our legal opinion, our fee would be $125,000 for bond counsel and disclosure counsel services, payable upon the successful completion of the financing. Our fee assumes a refunding of all of the 2007 Series A Bonds as described in the Indenture, as Supplemented. If the transaction differs significantly from our expectations, we would expect to be paid a fee that we mutually agree would reflect reasonable compensation for legal services rendered considering the risk undertaken and the level of expertise required to undertake such legal service. By your signature and return of this letter, you agree to pay our fees and expenses as set forth in this paragraph. Additionally, we will charge the Successor Agency for out-of-pocket expenses which would include, the costs of duplicating and mailing, travel and transportation, long distance telephone calls, messenger and courier service and the preparation of transcripts of the financing. This expense is not expected to exceed $5,000. 09960.00000\29009995 1 P30 Linda Daniels August 30, 2016 Page 3 RIR BEST BEST & KRIEGER ATTORNEYS AT LAW If this arrangement is satisfactory to you, please authorize our employment according to the teens of this letter by having this letter executed by you or your agent. We look forward to working with you and the staff of the Successor Agency in order to bring this matter to a successful conclusion. TERMS OF PAYMENT EXPENSES OF BOND DISCLOSURE COUNSEL DAY OF Authorized Signatory (19960.00000\29009995 1 Sincerely yours, Jihn R RottschaeferP.e� of BEST BEST & KRIEGER LLP OF FEES AND COUNSEL AND APPROVED THIS , 2016. P31 September 21, 2016 City Council Meeting I Item K1 — Bond and Disclosure Council for Housing Bonds Update to Best, Best & Krieger Acceptance Letter 1 Page 29-31 Indian Wells (760) 568-2611 Irvine (949) 263-2600 Los Angeles (213) 617-8100 Ontario (909) 989-8584 BEST BEST & KRIEGER ATTORNEYS AT LAW 3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502 Phone: (951) 686-1450 I Fax: (951) 686-3083 I www.bbklaw.com John R. Rottschaefer (951) 826-8275 john.rottschaefer@bbklaw.com August 30, 2016 Linda Daniels Assistant City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Washington, DC (202) 785-0600 Re: Bond Counsel and Disclosure Counsel Services to Successor Agency to the Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Tax Allocation Refunding Bonds, Series 2016 Dear Linda: We are pleased to submit this letter to you in connection with our services as bond counsel and disclosure counsel to the Successor Agency to the Rancho Cucamonga Redevelopment Agency (the "Successor Agency") relating to the proposed issuance of the Successor Agency's above -captioned bonds (the "Bonds"). The firm of Best Best & Krieger LLP will serve as bond counsel and disclosure counsel on this matter and proposes to perform the following services on the basis set forth in this letter. As bond counsel we will confer and consult with the Successor Agency's staff on all matters relating to the financing. We will assist the Successor Agency in identifying the most advantageous method of financing based upon our experience and we will attend all meetings of the Successor Agency staff, consultants and underwriter at which financing methods are to be discussed and analyzed for successful completion of the financing. With respect to the Bonds, our services will include the review of the relevant terms of the bonds to be refunded, preparation of all agreements, resolutions, notices, bond forms and all other legal documents required by California law for the execution, sale and delivery of the Bonds. We will attend all meetings in which the Bonds will be discussed or any action in connection with the proceedings is to be taken. Subject to completion of the financing to our satisfaction, Best Best & Krieger LLP will issue its approving legal opinion to the purchasers of the Bonds to the effect that all proceedings have been legally undertaken for the authorization, execution, sale and delivery of the Bonds, or other transactions relating to the financing and that interest paid with respect to the Bonds is excluded from gross income for federal income tax purposes and is exempt from State of 09960.00000\29009995.1 Linda Daniels August 30, 2016 Page 2 BEST BEST & KRIEGER ATTORNEYS AT LAW California personal income tax. We will also issue appropriate supplemental opinions and certificates as may be necessary or appropriate. As disclosure counsel, we will confer and consult with the Successor Agency staff, bond insurers and the Successor Agency's financing consultant and underwriter on all matters relating to the preparation of an official statement describing the terms of issuance of the Bonds. Our services will include the preparation of a preliminary and final official statement, a purchase contract and a continuing disclosure agreement, in order for the Successor Agency to comply with Rule 15c2-12. We will also update our diligence files in order to verify the narrative in the Official Statement regarding the recent history of the Successor Agency. Subject to completion of the financing to our satisfaction, Best Best & Krieger LLP will issue its legal opinion with respect to the matters discussed in the official statement. Based on our current understanding of the issuance of the Bonds and the involvement of Best Best & Krieger LLP attorneys in drafting documents relating to the issuance of the Bonds and delivering our legal opinion, our fee would be $125,000 for bond counsel and disclosure counsel services. Our fee assumes a refunding of all of the 2007 Series A Bonds as described in the Indenture, as Supplemented. If the transaction differs significantly from our expectations, we would expect to be paid a fee that we mutually agree would reflect reasonable compensation for legal services rendered considering the risk undertaken and the level of expertise required to undertake such legal service. By your signature and return of this letter, you agree to pay our fees and expenses as set forth in this paragraph. Additionally, we will charge the Successor Agency for out-of-pocket expenses which would include, the costs of duplicating and mailing, travel and transportation, long distance telephone calls, messenger and courier service and the preparation of transcripts of the financing. This expense is not expected to exceed $5,000. 09960.00000\29009995.1 Linda Daniels August 30, 2016 Page 3 BEST BEST & KRIEGER ATTORNEYS AT LAW If this arrangement is satisfactory to you, please authorize our employment according to the terms of this letter by having this letter executed by you or your agent. We look forward to working with you and the staff of the Successor Agency in order to bring this matter to a successful conclusion. TERMS OF PAYMENT EXPENSES OF BOND DISCLOSURE COUNSEL DAY OF Authorized Signatory 09960.00000\29009995.1 Sincerely yours, t,t J . ottschaefer (/ of BEST BEST & KRIEGER LLP OF FEES AND COUNSEL AND APPROVED THIS , 2016. STAFF REPORT SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY Date: September 21, 2016 To: Chairman and Members of the Successor Agency John R. Gillison, City Manager From: Elisa C. Cox, Deputy City Manager — Civic & Cultural Service By: Donna Finch, Management Analyst 1 P32 RANCHO CUCAMONGA Subject: Approval of a Professional Services Agreement with Fieldman, Rolapp & Associates to Provide Financial Advisory Services for a Proposed Refunding of the Rancho Cucamonga Redevelopment Agency Tax Exempt 2007 Housing Bonds, Series A, for an amount not to exceed $60,000. RECOMMENDATION Approve the Successor Agency's execution and delivery of a contract with Fieldman, Rolapp & Associates to provide financial advisory services for a proposed refunding of the Rancho Cucamonga Redevelopment Agency Tax Exempt 2007 Housing Bonds, Series A, for an amount not to exceed $60,000. BACKGROUND/ANALYSIS Pursuant to Health and Safety Code Section 34172 (a), the Rancho Cucamonga Redevelopment Agency (the "Former Agency") was dissolved on February 1, 2012 and no longer exists as a public body. Prior to the dissolution of redevelopment, the Former Agency issued $73,305,00 in 2007 Housing Set - Aside Tax Allocation Bonds, Series A (the "2007A Bonds") for the purpose of financing redevelopment housing projects. Agency staff and its financial advisor have evaluated the 2007A bond issue and have determined that refunding the bonds would be economically beneficial based on current interest rates. The savings in debt service payments over the life of the bonds is estimated at approximately $12.5 million, which is a 20% savings on the current debt service. As part of the preparation of the bond refunding, a consultant is needed to provide financial advisory services. The consultant will assume primary responsibility for assisting the Agency in coordinating the planning and execution of each debt issue relating to the bond refunding in order to minimize the costs of the transaction and maximize the Agency's financing flexibility and capital market access. The contract with Fieldman, Rolapp & Associates is intended to be paid from the refunding bond costs of issuance. Should the refunding bond not go forward, then the payment of its fees will be placed on the next available Recognized Obligation Payment Schedule (i.e., ROPS 17-18) and will be paid either from the Redevelopment Property Trust Tax Fund as a separate ROPS line item or from Successor Agency's administrative cost allowance, based on the State Department of Finance's approval. The form of the contract may be substituted pending additional discussions between the Agency and the consultant on the terms of payment. If so, Staff will bring forth the revised contract to a meeting of the Successor Agency. Attachment: Professional Services Agreement for Financial Advisor PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL ADVISOR This agreement has been entered into this _ day of July, 2016 by and between the City of Rancho Cucamonga (the "City") and Fieldman, Rolapp & Associates, Inc. (herein, the "Consultant"). WHEREAS, the City desires independent financial advisory services to be performed in connection with refunding of Tax Allocation Bonds (herein, the "Project"); and WHEREAS, the City desires to retain the professional and technical services of the Consultant for the purpose of debt issuance, (herein, the "Services"); WHEREAS, the Consultant is well qualified to provide professional financial advice to entities such as the City; NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions hereinafter set forth, it is agreed as follows: Section 1 Financial Advisory Services. As directed by the City, Consultant will provide services in connection with the Project as such Services are fully described in Exhibit A attached to this Agreement. Consultant is engaged in an expert financial advisory capacity to the City only. It is expressly understood that the Services rendered hereunder are rendered solely to the City of Rancho Cucamonga. Consultant does not undertake any responsibility to review disclosure documents on behalf of owners or beneficial owners of bonds or debt which may arise from the Consultant's work hereunder. 1.01 Consultant has been engaged for a specific task and has not been engaged or undertaken to review alternatives to the decision made by the City. Section 2 Additional Requested Services. The City may request that Consultant provide additional services beyond the scope of those referenced in Section 1 above and specifically listed in Exhibit A to this Agreement. Services performed for the City by Consultant that are not otherwise specifically identified in Exhibit A to this Agreement shall be Additional Services. Additional Services include, but are not limited to, the following: 2.01 Assisting the City in obtaining enabling legislation or conducting referendum elections. 2.02 Extraordinary services and extensive computer analysis in the structuring or planning of any debt issue or financing program. 2.03 The repeat of any element of a service described in Exhibit A to this Agreement which is made necessary through no fault of Consultant. CITY OF RANCHO CUCAMONGA/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 00134102.docx Page 1 P33 2.04 Financial management services, including development of financial policies, capital improvement plans, economic development planning, credit analysis or review and such other services that are not ordinarily considered within the scope of services described in Exhibit A to this Agreement. 2.05 Services rendered in connection with any undertaking of the City relating to a continuing disclosure agreement entered into in order to comply with Securities and Exchange Commission Rule 15c2-12 or other similar rules. 2.06 Services rendered to the City in connection with calculations or determination of any arbitrage rebate liability to the United States of America arising from investment activities associated with debt issued to fund the Project. Section 3 Compensation. 3.01 For Consultant's performance of Services as described in this Agreement, including Additional Services requested by the City, the Consultant's compensation will be as provided in of Exhibit B attached to this Agreement, 3.02 Payment of Consultant's expenses shall be made at the time and in the form as provided for in Exhibit B to this Agreement. 3.03 Unless otherwise specified, payment of Consultant's compensation and expenses is due thirty (30) days after submission of Consultant's invoice for services. 3.04 In the event the Services of the Consultant are abandoned prior to completion of Consultant's work, Consultant shall be compensated for Services performed to the point of abandonment as if such Services were an additional service pursuant to Section 2 of this Agreement[, subject to a maximum fee of [7]. An act of abandonment shall be deemed to have occurred when no action has been taken by the City relative to the services of the Consultant for a period of three (3) months from the date of the initial performance of a service, and there has been a written notification to the Consultant of an abandonment of the Project by the City. 3.05 The schedule of Consultant fees set forth in this Agreement and Exhibits is guaranteed by Consultant for a period of twelve (12) months from the date of this Agreement. Section 4 Personnel. Consultant has, or will secure, all personnel required to perform the services under this Agreement. Consultant shall make available other qualified personnel of the firm as may be required to complete Consultant's services. The City has the right to approve or disapprove any proposed changes in Consultant's staff providing service to the City. The City and Consultant agree that such personnel are employees only of Consultant and shall not be considered to be employees of the City in any way whatsoever. CITY OF RANCHO CUCAMONGA/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 00134102.docx Page 2 P34 Section 5 Term of Agreement. This Agreement shall continue in full force and effect for a period of twenty-four (24) months from the date hereof unless terminated by either party by not less than thirty (30) days written notice to the other party except that the Agreement shall continue in full force and effect until completion of Consultant's services or until an abandonment shall have occurred as described in Section 3.04 hereof. This Agreement may be extended from time to time as agreed by the City and the Consultant. Section 6 Modification. This Agreement contains the entire agreement of the parties. It may be amended in whole or in part from time to time by mutual consent of the parties. This shall not prohibit the City and Consultant from entering into separate agreements for other services. Section 7 Work Products. All work products or any form of property developed by the Consultant in providing the Services shall be provided to the City on request. Work products developed by the Consultant shall be the property of the City, provided that Consultant may use such work products developed for the City and may employ those work products to develop refinements or additional work products in the course of its business. Section 8 Assignment. The rights and obligations of the City under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the City. This agreement may not be assigned by the Consultant without the consent of the City except for compensation due Consultant. Section 9 Disclosure. Consultant does not assume the responsibilities of the City, nor the responsibilities of the other professionals and vendors representing the City, in the provision of services and the preparation of the financing documents, including initial and secondary market disclosure, for financings undertaken by the City. Information obtained by Consultant and included in any disclosure documents is, by reason of experience, believed to be accurate; however, such information is not guaranteed by Consultant. Section 10 Confidentiality. The Consultant agrees that all financial, statistical, personal, technical and other data and information designated by the City as confidential shall be protected by the Consultant from unauthorized use or disclosure. The City acknowledges that the Consultant is required to comply with applicable laws governing disclosure of public information. CITY OF RANCHO CUCAMONGA/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 00134102.docx Page 3 P35 Section 11 Indemnification. The City and Consultant shall each indemnify and hold harmless the other from and against any and all losses, claims, damages, expenses, including legal fees for defense, or liabilities, collectively, damages, to which either may be subjected by reason of the other's acts, errors or omissions, except however, neither will indemnify the other from or against damages by reason of changed events and conditions beyond the control of either or errors of judgment reasonably made. Section 12 Insurance. 12.01 Consultant shall maintain workers' compensation and employer's liability insurance during the term of this Agreement. 12.02 Consultant, at its own expense, shall obtain and maintain insurance at all times during the prosecution of this contract. Such insurance must be written with a Best Guide "A" -rated or higher insurance carrier admitted to write insurance in the state where the work is located. 12.03 Insurance coverages shall not be less than the following: A. Workers' Compensation 1. State worker's compensation statutory benefits 2. Employer's Liability - policy limits of not less than $1,000,000. B. Comprehensive General Liability coverage with policy limits of not less than $1,000,000 combined single limit for bodily injury and property damage and including coverage for the following: 1. Premises operations 2. Contractual liability 3. Products 4. Completed operation C. Errors and omissions with policy limits of $2,000,000. 12.04 If requested, certificates of insurance naming the City as an additional insured shall be submitted to the City evidencing the required coverages, limits and locations of operations to which the insurance applies, and the policies of insurance shall contain a 30 day notice of cancellation or non -renewal. Section 13 Permits/Licenses. The Consultant shall obtain any permits or licenses, as may be required for it to complete the services required under this Agreement. CITY OF RANCHO CUCAMONGA/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 00134102.docx Page 4 P36 Section 14 Binding Effect. 14.01 A waiver or indulgence by the City of a breach of any provision of this Agreement by the Consultant shall not operate or be construed as a waiver of any subsequent breach by the Consultant. 14.02 All agreements contained herein are severable and in the event any of them shall be held to be invalid by any competent court, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein, and the remaining provisions of this Agreement shall not be affected by such determination and shall remain in full force and effect. This Agreement shall not fail because any part or any clause hereof shall be held indefinite or invalid. 14.03 Each party hereto represents and warrants that this Agreement has been duly authorized and executed by it and constitutes its valid and binding agreement, and that any governmental approvals necessary for the performance of this Agreement have been obtained. Section 15 Arbitration Requirement. 15.01 Any controversy, claim or dispute arising out of or relating to this Agreement shall be settled solely and exclusively by binding arbitration in Irvine, California. 15.02 Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of JAMS/Endispute ("JAMS"), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS rules and regulations) of the proceedings has been given to such party. 15.03 Each party shall bear its own attorneys fees and expenses. 15.04 The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. 15.05 All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided, however, that nothing in this Section shall be construed as precluding the bringing of an action for injunctive or other equitable relief. 15.06 The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. 15.07 IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE OR INVALID, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING CITY OF RANCHO CUCAMONGA/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 00134102.docx Page 5 P37 HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO. Section 16 Conflict of Interest 16.01 Compensation contingent on the completion of a financing or project is customary for municipal financial advisors. To the extent that compensation to the Consultant under this Agreement, specified in Exhibit B, is contingent on the issuance of debt or completion of a financing or project, a potential conflict of interest exists as Consultant would have an incentive to recommend to the City the completion of a transaction or project that might be unnecessary. The City has directed the Consultant to serve as Municipal Advisor on the negotiated refunding of bonds. IN WITNESS Whereof, the parties have duly executed this Agreement as of the day and year first above set forth. CITY OF RANCHO CUCAMONGA By: Title: Date: FIELDMAN, ROLAPP & ASSOCIATES, INC. 19900 MacArthur Boulevard, Suite 1100 Irvine, CA 92612 By: Title: Date: CITY OF RANCHO CUCAMONGA/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 00134102.docx Page 6 P38 EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL ADVISOR BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND FIELDMAN, ROLAPP & ASSOCIATES Scope of Services A. General Services. The Consultant shall perform all the duties and services described in Section 1 of this Agreement and shall provide such other services as it deems necessary or advisable to accomplish the Project, consistent with the standards and practice of professional financial advisors prevailing at the time such services are rendered to the City. The City may, with the concurrence of Consultant, expand this Agreement to include Additional Services not specifically identified within the terns of this Agreement. Any Additional Services may be described in an addendum to this Exhibit A and are subject to compensation described in Exhibit B to this Agreement. 13. Transaction Services. The Consultant shall assume primary responsibility for assisting the City in coordinating the planning and execution of each debt issue relating to the Project. Insofar as the Consultant is providing Services which are rendered only to the City, the overall coordination of the financing shall be such as to minimize the costs of the transaction coincident with maximizing the City's financing flexibility and capital market access. The Consultant's proposed debt issuance Services may include, but shall not be limited to, the following: • Develop the Financing Schedule • Monitor the Transaction Process • Review the Official Statement, both preliminary and final • Procure and Coordinate Additional Service Providers • Provide Financial Advice to the City Related to Financing Documents • Compute Sizing and Design Structure of the Debt Issue • Plan and Schedule Rating Agency Presentation and Investor Briefings • Conduct Credit Enhancement Procurement and Evaluation • Conduct Market Analysis and Evaluate Timing of Market Entry • Recommend Award of Debt Issuance • Provide Pre -Closing and Closing Assistance CITY OF RANCHO CUCAMONGA/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 00134102.docx Exhibit A, Page 1 P39 Specifically, Consultant will: 1. Establish the Financing Objectives. At the onset of the financing transaction process for the Project, the Consultant shall review the City's financing needs and in conjunction with the City's management, outline the objectives of the financing transaction to be undertaken and its proposed form. Unless previously determined, Consultant shall recommend the method of sale of debt and outline the steps required to achieve efficient market access. 2. Develop the Financing Timetable. The Consultant shall take the lead role in preparing a schedule and detailed description of the interconnected responsibilities of each team member and update this schedule, with refinements, as necessary, as the work progresses. 3. Monitor the Transaction Process. The Consultant shall have primary responsibility for the successful implementation of the financing strategy and timetable that is adopted for each debt issue relating to the Project. The Consultant shall coordinate (and assist, where appropriate) in the preparation of the legal and disclosure documents and shall monitor the progress of all activities leading to the sale of debt. The Consultant shall prepare the timetables and work schedules necessary to achieve this end in a timely, efficient and cost-effective manner and will coordinate and monitor the activities of all parties engaged in the financing transaction. 4. Review the Official Statement. Upon direction of the City, the Consultant shall review the official statement for each debt issue relating to the Project to insure that the City's official statement is compiled in a manner consistent with industry standards. 5. Procure and Coordinate Additional Service Providers. Should the City desire, the Consultant may act as City's representative in procuring the services of financial printers for the official statement and related documents, and for the printing of any securities. In addition, the Consultant niay act as the City's representative in procuring the services of trustees, paying agents, fiscal agents, feasibility consultants, redevelopment consultants, or escrow verification agents or other professionals, if the City directs. 6. Provide Financial Advice to the City Relating to Financing Documents. Simultaneous with the review of official statements for each debt issue relating to the Project, the Consultant shall assist the managing underwriters, bond counsel and/or other legal advisors in the drafting of the respective financing resolutions, notices and other legal documents. In this regard, the Consultant shall monitor document preparation for a consistent and accurate presentation of the recommended business terms and financing structure of each debt issue relating to the Project, it being specifically understood CITY OF RANCHO CUCAMONGA/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 00134102.docx Exhibit A, Page 2 P40 however that the Consultant's services shall in no manner be construed as the Consultant engaging in the practice of law. 7. Compute Sizing and Design Structure of Debt Issue. The Consultant shall work with the City's staff to design a financing structure for each debt issue relating to the Project that is consistent with the City's objectives, that coordinates each transaction with outstanding issues and that reflects current conditions in the capital markets. S. Plan and Schedule Rating Agency Presentation and Investor Briefings. The Consultant shall develop a plan for presenting the financing program to the rating agencies and the investor community. The Consultant shall schedule rating agency visits, if appropriate, to assure the appropriate and most knowledgeable rating agency personnel are available for the presentation and will develop presentation materials and assist the City officials in preparing for the presentations. 9. Conduct Credit Enhancement Evaluation and Procurement. Upon the City's direction, the Consultant will initiate discussions with bond insurers, letter of credit providers and vendors of other forms of credit enhancements to determine the availability of and cost benefit of securing financing credit support. 10. Conduct Market Analysis and Evaluate Timing of Market Entry. The Consultant shall provide regular summaries of current municipal market conditions, trends in the market and how these may favorably or unfavorably affect the City's proposed financing. a. Negotiated Sales. In the case of a negotiated sale of debt, the Consultant shall perforin a thorough evaluation of market conditions preceding the negotiation of the terms of the sale of debt and will assist the City with the negotiation of final issue structure, interest rates, interest cost, reoffering terms and gross underwriting spread and provide a recommendation on acceptance or rejection of the offer to purchase the debt. This assistance and evaluation will focus on the following areas as determinants of interest cost: • Size of financing • Sources and uses of funds • Terms and maturities of the debt issue • Review of the rating in pricing of the debt issue • Investment of debt issue proceeds • Distribution mix among institutional and retail purchasers • Interest rate, reoffering terms and underwriting discount with comparable issues • Redemption provisions CITY OF RANCHO CUCAMONGA/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 . 00134102.docx Exhibit A, Page 3 P41 11. Recommend Award of Debt Issuance. Based upon activities outlined in Task 10(a) and 10(b) above, the Consultant will recommend accepting or rejecting offers to purchase the debt issue. If the City elects to award the debt issue, the Consultant will instruct all parties and help facilitate the actions required to formally consummate the award. 12. Provide Pre -Closing and Closing Activities.. The Consultant shall assist in arranging for the closing of each financing. The Consultant shall assist counsel in assuming responsibility for such arrangements as they are required, including arranging for or monitoring the progress of bond printing, qualification of issues for book -entry status, signing and final delivery of the securities and settlement of the costs of issuance. CITY OF RANCHO CUCAMONGA/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 00134102.docz Exhibit A, Page 4 P42 EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL ADVISOR BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND FIELDMAN, ROLAPP & ASSOCIATES Compensation and Expenses Transaction Based Compensation For Services referenced in Section 1 of this Agreement, the Consultant will be compensated as described in the table below: Transaction Size Fees $1 to $2,999,999 $26,000 $3,000,000 to $11,999,999 $31,000 $12,000,000 to $19,999,999 $35,000 $20,000,000 to $29,999,999 $39,000 $30,000,000 to $39,999,999 $45,000 $40,000,000 to $49,999,999 $50,000 $50,000,000 to $59,999,999 $55,000 $60,000,000 to $74,999,999 $60,000 $75,000,000 to $99,999,999 $65,000 Payment of compensation earned by Consultant pursuant to this Part 1 shall be contingent on, and payable at the closing of the debt issue(s) undertaken to finance the Project. Hourly Compensation For Services and Additional Services referenced in this Agreement, the Consultant will be compensated at the then current hourly rates. The table below reflects the rates in effect as of the date of execution of this Agreement. Personnel Hourly Rate Executive Officers $300.00 Principals $290.00 Senior Vice President $275.00 Vice Presidents $225.00 Assistant Vice President $195.00 Senior Associate $150.00 Associate $125.00 Analyst $85.00 Administrative Assistants $65.00 Clerical $35.00 Hourly Compensation will be billed on a monthly basis. CITY OF RANCHO CUCAMONGA/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 00134102.docx Exhibit B, Page 1 P43 Expenses Expenses will be billed for separately and will cover, among other things, travel, lodging, subsistence, overnight courier, conference calls, computer, and fax transmission charges. Advances made on behalf of the City for costs of preparing, printing or distributing disclosure materials or related matter whether by postal services or electronic means, may also be billed through to the City upon prior authorization. Additionally, a surcharge of 6% of the compensation amount is added to verifiable out-of-pocket costs for recovery of costs such as telephone, postage, document reproduction and the like. Limiting Terms and Conditions The above compensation is based on completion of work orders within six months of the City's authorization to proceed, and assumes that the City will provide all necessary information in a timely mariner. The fee shown above in Part 1 presumes attendance at up to 4 meetings in the City's offices or such other location within a 25 -mile radius of the City place of business as the City may designate. Preparation for, and attendance at City Council meetings on any basis other than "by appointment" may be charged at our normal hourly rates as shown in Part 2, above. Abandonment If, once commenced, the services of the Consultant are terminated prior to completion of our final report for any reason, the Consultant will be compensated for professional services and reimbursed for expenses incurred through the time of receive notification of such termination at the standard hourly rates shown above, subject to a maximum charge of $0. f C�( eifR. \ \=u.:i6 ;\. (-sac_ l ger tt-5 CITY OF RANCHO CUCAMONGA/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No.,16194 00134102.docx Exhibit B, Page 2 P44 September 21, 2016 City Council Meeting 1 Item K2 — Financial Advisory Services for Housing Bonds Update to Professional Services Agreement 1 Page 33-44 PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL ADVISOR This agreement has been entered into this _ day of September, 2016 by and between the Successor Agency to the Rancho Cucamonga Redevelopment Agency (the "Agency") and Fieldman, Rolapp & Associates, Inc. (herein, the "Consultant"). WHEREAS, the Agency desires independent financial advisory services to be performed in connection with refunding of Tax Allocation Bonds (herein, the "Project"); and WHEREAS, the Agency desires to retain the professional and technical services of the Consultant for the purpose of debt issuance, (herein, the "Services"); WHEREAS, the Consultant is well qualified to provide professional financial advice to entities such as the Agency; NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions hereinafter set forth, it is agreed as follows: Section 1 Financial Advisory Services. As directed by the Agency, Consultant will provide services in connection with the Project as such Services are fully described in Exhibit A attached to this Agreement. Consultant is engaged in an expert financial advisory capacity to the Agency only. It is expressly understood that the Services rendered hereunder are rendered solely to the Successor Agency to the Rancho Cucamonga Redevelopment Agency. Consultant does not undertake any responsibility to review disclosure documents on behalf of owners or beneficial owners of bonds or debt which may arise from the Consultant's work hereunder. 1.01 Consultant has been engaged for a specific task and has not been engaged or undertaken to review alternatives to the decision made by the Agency. Section 2 Additional Requested Services. The Agency may request that Consultant provide additional services beyond the scope of those referenced in Section 1 above and specifically listed in Exhibit A to this Agreement. Services performed for the Agency by Consultant that are not otherwise specifically identified in Exhibit A to this Agreement shall be Additional Services. Additional Services include, but are not limited to, the following: 2.01 Assisting the Agency in obtaining enabling legislation or conducting referendum elections. 2.02 Extraordinary services and extensive computer analysis in the structuring or planning of any debt issue or financing program. 2.03 The repeat of any element of a service described in Exhibit A to this Agreement which is made necessary through no fault of Consultant. 2.04 Financial management services, including development of financial policies, capital improvement plans, economic development planning, credit analysis or review and such other services that are not ordinarily considered within the scope of services described in Exhibit A to this Agreement. 2.05 Services rendered in connection with any undertaking of the Agency relating to a continuing disclosure agreement entered into in order to comply with Securities and Exchange Commission Rule 15c2-12 or other similar rules. 2.06 Services rendered to the Agency in connection with calculations or determination of any arbitrage rebate liability to the United States of America arising from investment activities associated with debt issued to fund the Project. Section 3 Compensation. 3.01 For Consultant's performance of Services as described in this Agreement, including Additional Services requested by the Agency, the Consultant's compensation will be as provided in of Exhibit B attached to this Agreement, 3.02 Payment of Consultant's expenses shall be made at the time and in the form as provided for in Exhibit B to this Agreement. 3.03 Unless otherwise specified, payment of Consultant's compensation and expenses is due thirty (30) days after submission of Consultant's invoice for services. 3.04 In the event the Services of the Consultant are abandoned prior to completion of Consultant's work, Consultant shall be compensated for Services performed to the point of abandonment as if such Services were an additional service pursuant to Section 2 of this Agreement[, subject to a maximum fee of [7]. An act of abandonment shall be deemed to have occurred when no action has been taken by the Agency relative to the services of the Consultant for a period of three (3) months from the date of the initial performance of a service, and there has been a written notification to the Consultant of an abandonment of the Project by the Agency. 3.05 The schedule of Consultant fees set forth in this Agreement and Exhibits is guaranteed by Consultant for a period of twelve (12) months from the date of this Agreement. Section 4 Personnel. Consultant has, or will secure, all personnel required to perform the services under this Agreement. Consultant shall make available other qualified personnel of the firm as may be required to complete Consultant's services. The Agency has the right to approve or disapprove any proposed changes in Consultant's staff providing service to the Agency. The Agency and Consultant agree that such personnel are employees only of Consultant and shall not be considered to be employees of the Agency in any way whatsoever. SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 K2 - Updated PSA Fieldman and Associates Page 2 Section 5 Term of Agreement. This Agreement shall continue in full force and effect for a period of twenty-four (24) months from the date hereof unless terminated by either party by not less than thirty (30) days written notice to the other party except that the Agreement shall continue in full force and effect until completion of Consultant's services or until an abandonment shall have occurred as described in Section 3.04 hereof. This Agreement may be extended from time to time as agreed by the Agency and the Consultant. Section 6 Modification. This Agreement contains the entire agreement of the parties. It may be amended in whole or in part from time to time by mutual consent of the parties. This shall not prohibit the Agency and Consultant from entering into separate agreements for other services. Section 7 Work Products. All work products or any form of property developed by the Consultant in providing the Services shall be provided to the Agency on request. Work products developed by the Consultant shall be the property of the Agency, provided that Consultant may use such work products developed for the Agency and may employ those work products to develop refinements or additional work products in the course of its business. Section 8 Assignment. The rights and obligations of the Agency under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the Agency. This agreement may not be assigned by the Consultant without the consent of the Agency except for compensation due Consultant. Section 9 Disclosure. Consultant does not assume the responsibilities of the Agency, nor the responsibilities of the other professionals and vendors representing the Agency, in the provision of services and the preparation of the financing documents, including initial and secondary market disclosure, for fmancings undertaken by the Agency. Information obtained by Consultant and included in any disclosure documents is, by reason of experience, believed to be accurate; however, such information is not guaranteed by Consultant. Section 10 Confidentiality. The Consultant agrees that all financial, statistical, personal, technical and other data and information designated by the Agency as confidential shall be protected by the Consultant from unauthorized use or disclosure. The Agency acknowledges that the Consultant is required to comply with applicable laws governing disclosure of public information. SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 K2 - Updated PSA Fieldman and Associates Page 3 Section 11 Indemnification. The Agency and Consultant shall each indemnify and hold harmless the other from and against any and all losses, claims, damages, expenses, including legal fees for defense, or liabilities, collectively, damages, to which either may be subjected by reason of the other's acts, errors or omissions, except however, neither will indemnify the other from or against damages by reason of changed events and conditions beyond the control of either or errors of judgment reasonably made. Section 12 Insurance. 12.01 Consultant shall maintain workers' compensation and employer's liability insurance during the term of this Agreement. 12.02 Consultant, at its own expense, shall obtain and maintain insurance at all times during the prosecution of this contract. Such insurance must be written with a Best Guide "A" -rated or higher insurance carrier admitted to write insurance in the state where the work is located. 12.03 Insurance coverages shall not be less than the following: A. Workers' Compensation 1. State worker's compensation statutory benefits 2. Employer's Liability - policy limits of not less than $1,000,000. B. Comprehensive General Liability coverage with policy limits of not less than $1,000,000 combined single limit for bodily injury and property damage and including coverage for the following: 1. Premises operations 2. Contractual liability 3. Products 4. Completed operation C. Errors and omissions with policy limits of $2,000,000. 12.04 If requested, certificates of insurance naming the Agency as an additional insured shall be submitted to the Agency evidencing the required coverages, limits and locations of operations to which the insurance applies, and the policies of insurance shall contain a 30 day notice of cancellation or non -renewal. Section 13 Permits/Licenses. The Consultant shall obtain any permits or licenses, as may be required for it to complete the services required under this Agreement. SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 K2 - Updated PSA Fieldman and Associates Page 4 Section 14 Binding Effect. 14.01 A waiver or indulgence by the Agency of a breach of any provision of this Agreement by the Consultant shall not operate or be construed as a waiver of any subsequent breach by the Consultant. 14.02 All agreements contained herein are severable and in the event any of them shall be held to be invalid by any competent court, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein, and the remaining provisions of this Agreement shall not be affected by such determination and shall remain in full force and effect. This Agreement shall not fail because any part or any clause hereof shall be held indefinite or invalid. 14.03 Each party hereto represents and warrants that this Agreement has been duly authorized and executed by it and constitutes its valid and binding agreement, and that any governmental approvals necessary for the performance of this Agreement have been obtained. Section 15 Arbitration Requirement. 15.01 Any controversy, claim or dispute arising out of or relating to this Agreement shall be settled solely and exclusively by binding arbitration in Irvine, California. 15.02 Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of JAMS/Endispute ("JAMS"), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS rules and regulations) of the proceedings has been given to such party. 15.03 Each party shall bear its own attorney's fees and expenses. 15.04 The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. 15.05 All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided, however, that nothing in this Section shall be construed as precluding the bringing of an action for injunctive or other equitable relief. 15.06 The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. 15.07 IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE OR INVALID, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 K2 - Updated PSA Fieldman and Associates Page 5 HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO. Section 16 Conflict of Interest 16.01 Compensation contingent on the completion of a financing or project is customary for municipal financial advisors. To the extent that compensation to the Consultant under this Agreement, specified in Exhibit B, is contingent on the issuance of debt or completion of a financing or project, a potential conflict of interest exists as Consultant would have an incentive to recommend to the Agency the completion of a transaction or project that might be unnecessary. The Agency has directed the Consultant to serve as Municipal Advisor on the negotiated refunding of bonds. IN WITNESS Whereof, the parties have duly executed this Agreement as of the day and year first above set forth. SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY By: Title: Date: FIELDMAN, ROLAPP & ASSOCIATES, INC. 19900 MacArthur Boulevard, Suite 1100 Irvine, CA 92612 By: Title: Date: SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 K2 - Updated PSA Fieldman and Associates Page 6 EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL ADVISOR BY AND BETWEEN THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND FIELDMAN, ROLAPP & ASSOCIATES Scope of Services A. General Services. The Consultant shall perform [solely] the duties and services described in Section 1 of this Agreement and shall provide such other services as it deems necessary or advisable to accomplish the Project, consistent with the standards and practice of professional financial advisors prevailing at the time such services are rendered to the Agency. The Agency may, with the concurrence of Consultant, expand this Agreement to include Additional Services not specifically identified within the terms of this Agreement. Any Additional Services may be described in an addendum to this Exhibit A and are subject to compensation described in Exhibit B to this Agreement. B. Transaction Services. The Consultant shall assist the Agency in coordinating the planning and execution of each debt issue relating to the Project. Insofar as the Consultant is providing Services which are rendered only to the Agency, the overall coordination of the financing shall be such as to minimize the costs of the transaction coincident with maximizing the Agency's financing flexibility and capital market access. The Consultant's proposed debt issuance Services may include the following: • Document the Financing Schedule • Monitor the Transaction Process • Review the Official Statement, both preliminary and final • Procure and Coordinate Additional Service Providers • Provide Financial Advice to the Agency Related to Financing Documents • Compute Sizing and Design Structure of the Debt Issue • Plan and Schedule Rating Agency Presentation • Conduct Credit Enhancement Procurement and Evaluation • Conduct Market Analysis and Evaluate Timing of Market Entry • Recommend Award of Debt Issuance • Provide Pre -Closing and Closing Assistance SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 K2 - Updated PSA Fieldman and Associates Exhibit A, Page 1 Specifically, Consultant will: 1. Establish the Financing Obiectives. At the onset of the financing transaction process for the Project, the Consultant shall review the Agency's financing needs and in conjunction with the Agency's management, outline the objectives of the financing transaction to be undertaken and its proposed form. Unless previously determined, Consultant shall recommend the method of sale of debt and outline the steps required to achieve efficient market access. 2. Develop the Financing Timetable. The Consultant shall prepare a schedule and detailed description of the interconnected responsibilities of each team member and update this schedule, with refinements, as necessary, as the work progresses. 3. Monitor the Transaction Process. The Consultant shall have primary responsibility for the implementation of the financing strategy and timetable that is adopted for each debt issue relating to the Project. The Consultant shall coordinate (and assist, where appropriate) the preparation of the legal and disclosure documents and shall monitor the progress of all activities leading to the sale of debt. The Consultant shall prepare the timetables and work schedules necessary to achieve this end in a timely, efficient and cost-effective manner and will coordinate and monitor the activities of all parties engaged in the financing transaction. 4. Review the Official Statement. The Consultant shall review the official statement for each debt issue relating to the Project to insure that the Agency's official statement is compiled in a manner consistent with industry standards. 5. Coordinate Additional Service Providers. The Consultant may act as the Agency's representative in procuring the services of trustees, paying agents, fiscal agents, feasibility consultants, financial printers, redevelopment consultants, or escrow verification agents or other professionals, if the Agency directs. 6. Provide Financial Advice to the Agency Relating to Financing Documents. The Consultant shall assist the managing underwriters, bond counsel and/or other legal advisors in the drafting of the respective financing resolutions, notices and other legal documents. In this regard, the Consultant shall monitor document preparation for a consistent and accurate presentation of the recommended business terms and financing structure of each debt issue relating to the Project, it being specifically understood however that the Consultant's services shall in no manner be construed as the Consultant engaging in the practice of law. SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 K2 - Updated PSA Fieldman and Associates Exhibit A, Page 2 7. Compute Sizing and Design Structure of Debt Issue. The Consultant shall work with the Agency's staff to design a financing structure for each debt issue relating to the Project that is consistent with the Agency's objectives, that coordinates each transaction with outstanding issues and that reflects current conditions in the capital markets. 8. Plan and Schedule Rating Agency Presentation and Investor Briefings. The Consultant shall develop a plan for presenting the financing program to the rating agencies and the investor community. The Consultant shall schedule rating agency visits and will develop presentation materials and assist the Agency officials in preparing for the presentations. 9. Conduct Credit Enhancement Evaluation and Procurement. Upon the Agency's direction, the Consultant will initiate discussions with bond insurers, letter of credit providers and vendors of other forms of credit enhancements to determine the availability of and cost benefit of securing financing credit support. 10. Conduct Market Analysis and Evaluate Timing of Market Entry. The Consultant shall provide regular summaries of current municipal market conditions, trends in the market and how these may favorably or unfavorably affect the Agency's proposed financing. a. Negotiated Sales. In the case of a negotiated sale of debt, the Consultant shall perform a thorough evaluation of market conditions preceding the negotiation of the terms of the sale of debt and will assist the Agency with the negotiation of final issue structure, interest rates, interest cost, reoffering terms and gross underwriting spread and provide a recommendation on acceptance or rejection of the offer to purchase the debt. This assistance and evaluation will focus on the following areas as determinants of interest cost: • Sources and uses of funds • Terms and maturities of the debt issue • Review of the rating in pricing of the debt issue • Distribution mix among institutional and retail purchasers • Interest rate, reoffering terms and underwriting discount with comparable issues • Redemption provisions 11. Recommend Award of Debt Issuance. Based upon activities outlined in Task 10(a) above, the Consultant will recommend accepting or rejecting offers to purchase the debt issue. If the Agency elects to award SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 K2 - Updated PSA Fieldman and Associates Exhibit A, Page 3 the debt issue, the Consultant will instruct all parties and help facilitate the actions required to formally consummate the award. 12. Provide Pre -Closing and Closing Activities. The Consultant shall assist in arranging for the closing of each financing. The Consultant shall assist counsel in assuming responsibility for such arrangements as they are required, including arranging for or monitoring the progress of bond printing, qualification of issues for book -entry status, signing and final delivery of the securities and settlement of the costs of issuance. SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 K2 - Updated PSA Fieldman and Associates Exhibit A, Page 4 EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL ADVISOR BY AND BETWEEN THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND FIELDMAN, ROLAPP & ASSOCIATES Compensation and Expenses Transaction Based Compensation For Services referenced in Section 1 of this Agreement, the Consultant will be compensated $55,000 regardless of transaction size. Payment of service fee compensation earned by Consultant pursuant to this Part 1 shall be payable at the closing of the debt issue(s) undertaken to finance the Project. Hourly Compensation For Services and Additional Services referenced in this Agreement, the Consultant will be compensated at the then current hourly rates. The table below reflects the rates in effect as of the date of execution of this Agreement. Personnel Hourly Rate Executive Officers $300.00 Principals $290.00 Senior Vice President $275.00 Vice Presidents $225.00 Assistant Vice President $195.00 Senior Associate $150.00 Associate $125.00 Analyst $85.00 Administrative Assistants $65.00 Clerical $35.00 Hourly Compensation will be billed on a monthly basis. SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 K2 - Updated PSA Fieldman and Associates Exhibit B, Page 1 Expenses Expenses will be billed for separately and will cover, among other things, travel, subsistence, overnight courier, conference calls, computer, and fax transmission charges. Advances made on behalf of the Agency for costs of preparing, printing or distributing disclosure materials or related matter whether by postal services or electronic means, may also be billed through to the Agency upon prior authorization. Additionally, a surcharge of 6% of the compensation amount is added to verifiable out-of-pocket costs for recovery of costs such as telephone, postage, document reproduction and the like. Limiting Terms and Conditions The above compensation is based on completion of work orders within six months of the Agency's authorization to proceed, and assumes that the Agency will provide all necessary information in a timely manner. The fee shown above in Part 1 presumes attendance at up to 4 meetings in the Agency's offices or such other location within a 25 -mile radius of the Agency place of business as the Agency may designate. Preparation for, and attendance at Agency Council meetings on any basis other than "by appointment" may be charged at our normal hourly rates as shown in Part 2, above. Abandonment If, once commenced, the services of the Consultant are terminated prior to completion of our final report for any reason, the Consultant will be compensated for professional services and reimbursed for expenses incurred through the time of receive notification of such termination at the standard hourly rates shown above. If the Project is abandoned and no bond closing occurs the Agency will include Consultant Service fees and expenses on the next Reorganized Obligation Payment Schedule for consideration by the State Department of Finance. SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY/FIELDMAN, ROLAPP & ASSOCIATES FRA Project No. 16194 K2 - Updated PSA Fieldman and Associates Exhibit B, Page 2 Check No. Check Date CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Vendor Name Agenda Check Resister 8/30/2016 through 9/12/2016 P45 C Fire Amount AP 00006396 08/31/2016 AECOM 3,602.00 0.00 3,602.00 AP 00006397 08/31/2016 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 10,280.00 0.00 10,280.00 AP 00006398 08/31/2016 CHAFFEY JOINT UNION HS DISTRICT 621.48 0.00 621.48 AP 00006399 08/31/2016 RCCEA 1,655.00 0.00 1,655.00 AP 00006400 08/31/2016 RCPFA 11,129.18 0.00 11,129.18 AP 00006401 08/31/2016 VIASYN INC 12,573.69 0.00 12,573.69 AP 00006402 09/07/2016 HD PRODUCTIONS INC 1,500.00 0.00 1,500.00 AP 00372563 08/31/2016 A AND R TIRE SERVICE 185.76 0.00 185.76 AP 00372564 08/31/2016 ABLE BUILDING MAINTENANCE 10,851.46 0.00 10,851.46 AP 00372565 08/31/2016 ABM BUSINESS MACHINES INC 299.50 0.00 299.50 AP 00372566 08/31/2016 ADAME, LORI 45.00 0.00 45.00 AP 00372567 08/31/2016 ADOBE ANIMAL HOSPITAL 225.00 0.00 225.00 AP 00372568 08/31/2016 AFLAC GROUP INSURANCE 79.40 0.00 79.40 AP 00372569 08/31/2016 AFSS SOUTHERN DIVISION 0.00 25.00 25.00 AP 00372570 08/31/2016 ALARMCO SECURITY SYSTEMS INC 109.44 0.00 109.44 AP 00372571 08/31/2016 ALCORN, RICHARD 20.00 0.00 20.00 AP 00372572 08/31/2016 ALLIED STORAGE CONTAINERS 0.00 540.00 540.00 AP 00372573 08/31/2016 ALPHAGRAPHICS 22.68 0.00 22.68 AP 00372574 08/31/2016 ALVARADO, SAMARIS 33.00 0.00 33.00 AP 00372575 08/31/2016 AMTECH ELEVATOR SERVICES 326.27 0.00 326.27 AP 00372576 08/31/2016 ANDERSON -JACKSON, YOLANDA 10.64 0.00 10.64 AP 00372577 08/31/2016 APPLIED METERING TECHNOLOGIES INC 12,402.75 0.00 12,402.75 AP 00372578 08/31/2016 ARTISTIC RESOURCES CORPORATION 12,774.84 0.00 12,774.84 AP 00372579 08/31/2016 AUFBAU CORPORATION 24,000.00 0.00 24,000.00 AP 00372580 08/31/2016 BERN MARIES PROMOTIONAL PRODUCTS 529.16 0.00 529.16 AP 00372581 08/31/2016 BERNELL HYDRAULICS INC 269.69 0.00 269.69 AP 00372582 08/31/2016 BERTINO AUTOMOTIVE SERVICE 275.79 0.00 275.79 AP 00372583 08/31/2016 BEST BEST AND KRIEGER 7,601.05 0.00 7,601.05 AP 00372584 08/31/2016 BEST EQUIPMENT SERVICE 727.69 0.00 727.69 AP 00372585 08/31/2016 BILL AND WAGS INC. 0.00 227.81 227.81 AP 00372586 08/31/2016 BLACKBAUD 8,263.17 0.00 8,263.17 AP 00372587 08/31/2016 BLAINE WINDOW HARDWARE INC. 726.16 0.00 726.16 AP 00372588 08/31/2016 CAL PERS LONG TERM CARE 294.91 0.00 294.91 AP 00372589 08/31/2016 CALIFORNIA, STATE OF 952.07 0.00 952.07 AP 00372590 08/31/2016 CALIFORNIA, STATE OF 233.59 0.00 233.59 AP 00372591 08/31/2016 CALIFORNIA, STATE OF 913.65 0.00 913.65 AP 00372592 08/31/2016 CFCA-EMS SECTION -SOUTHERN DIVISION 0.00 160.00 160.00 AP 00372593 08/31/2016 CHINO MOWER AND ENGINE SERVICE 3,032.55 0.00 3,032.55 AP 00372594 08/31/2016 CINTAS CORPORATION #150 1,116.95 0.00 1,116.95 AP 00372595 08/31/2016 CITY RENTALS 903.50 0.00 903.50 AP 00372596 08/31/2016 CLEARWATER GRAPHICS INC 3,499.20 0.00 3,499.20 AP 00372597 08/31/2016 COMP U ZONE 170.00 0.00 170.00 AP 00372598 08/31/2016 CONFIRE JPA 0.00 52,606.58 52,606.58 AP 00372599 08/31/2016 CONFIRMDELIVERY.COM 76.16 0.00 76.16 AP 00372600 08/31/2016 CORODATA MEDIA STORAGE INC 1,265.22 0.00 1,265.22 AP 00372601 08/31/2016 COX, ELISA 68.88 0.00 68.88 AP 00372602 08/31/2016 CROP PRODUCTION SERVICES INC 1,069.77 0.00 1,069.77 User: VLOPEZ - VERONICA LOPEZ Page: 1 Report: CK_AGENDA_REG_PORTRAITCONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 09/13/2016 Time: 14:03:08 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/30/2016 through 9/12/2016 Check No. Check Date Vendor Name P46 Cit : Fire Amount AP 00372603 08/31/2016 CRP OAKMONT 6TH & UTICA L.P. 28,312.00 0.00 28,312.00 AP 00372604 08/31/2016 D & D SERVICES INC. 430.00 0.00 430.00 AP 00372605 08/31/2016 D AND K CONCRETE COMPANY 799.20 0.00 799.20 AP 00372606 08/31/2016 D M CONTRACTING INC 59,508.00 0.00 59,508.00 AP 00372607 08/31/2016 DANIELS TIRE SERVICE 0.00 11,032.88 11,032.88 AP 00372608 08/31/2016 DEPARTMENT OF RESOURCES RECYCLING 700.00 0.00 700.00 AP 00372609 08/31/2016 DUMBELL MAN FITNESS EQUIPMENT, THE 150.00 0.00 150.00 AP 00372610 08/31/2016 EMBROIDME 129.60 0.00 129.60 AP 00372611 08/31/2016 EXODUS CONSTRUCTION & REMODELING INC. 782.50 0.00 782.50 AP 00372612 08/31/2016 EXPRESS BRAKE SUPPLY 214.93 0.00 214.93 AP 00372613 08/31/2016 FACTORY MOTOR PARTS 0.00 3,695.47 3,695.47 AP 00372614 08/31/2016 FIRST CLASS HEATING & AIR 3,000.00 0.00 3,000.00 AP 00372615 08/31/2016 FLEET SERVICES INC. 0.00 762.76 762.76 AP 00372616 08/31/2016 FOOTHILL AUTO BODY 0.00 2,058.58 2,058.58 AP 00372618 08/31/2016 FRONTIER COMM 6,312.16 661.83 6,973.99 *** AP 00372619 08/31/2016 GATEWAY PET CEMETERY AND CREMATORY 795.00 0.00 795.00 AP 00372620 08/31/2016 GEO PLASTICS INC 8,442.20 0.00 8,442.20 AP 00372621 08/31/2016 GOOD YEAR TIRE AND RUBBER CO. 4,743.10 0.00 4,743.10 AP 00372622 08/31/2016 GRAINGER 0.00 1,312.63 1,312.63 AP 00372623 08/31/2016 GRAPHICS FACTORY INC. 2,309.35 0.00 2,309.35 AP 00372624 08/31/2016 GRAYBAR 710.41 0.00 710.41 AP 00372625 08/31/2016 HILL'S PET NUTRITION 213.69 0.00 213.69 AP 00372626 08/31/2016 HOGAN, ADAM 50.00 0.00 50.00 AP 00372627 08/31/2016 HOYT LUMBER CO., SM 0.00 29.13 29.13 AP 00372628 08/31/2016 HUMANE SOCIETY OF SAN BERNARDINO VALLEY INI 50.00 0.00 50.00 AP 00372629 08/31/2016 INLAND FAIR HOUSING AND MEDIATION BOARD 1.285.55 0.00 1,285.55 AP 00372630 08/31/2016 INLAND PRESORT & MAILING SERVICES 42.71 0.00 42.71 AP 00372631 08/31/2016 INTEC VIDEO SYSTEMS INC 0.00 930.31 930.31 AP 00372632 08/31/2016 IT'S A GAS INC 278.64 0.00 278.64 AP 00372633 08/31/2016 JOBS AVAILABLE INC 1,907.10 0.00 1,907.10 AP 00372634 08/31/2016 JONES, FELITA 35.99 0.00 35.99 AP 00372635 08/31/2016 KAISER FOUNDATION HEALTH PLAN INC 206,520.46 0.00 206,520.46 AP 00372636 08/31/2016 LIFE ASSIST INC 0.00 3,919.26 3,919.26 AP 00372637 08/31/2016 LIGHTHOUSE, THE 7.37 0.00 7.37 AP 00372638 08/31/2016 LOS ANGELES FREIGHTLINER 2,107.55 0.00 2,107.55 AP 00372639 08/31/2016 MIDWEST TAPE 549.89 0.00 549.89 AP 00372640 08/31/2016 MULTICULTURAL BOOKS & VIDEOS 111.60 0.00 111.60 AP 00372641 08/31/2016 NATIONAL CONSTRUCTION RENTALS INC 184.80 0.00 184.80 AP 00372642 08/31/2016 NELSON NYGAARD 2,344.00 0.00 2,344.00 AP 00372643 08/31/2016 NEOPOST USA INC 122.26 0.00 122.26 AP 00372644 08/31/2016 OFFICE DEPOT 2,339.73 1,371.87 3,711.60 *** AP 00372645 08/31/2016 ONTARIO WINNELSON CO 248.10 0.00 248.10 AP 00372646 08/31/2016 ONTRAC 50.19 0.00 50.19 AP 00372647 08/31/2016 OROZCO, LUIS 3.14 0.00 3.14 AP 00372648 08/31/2016 PAL CAMPAIGN 10.00 0.00 10.00 AP 00372649 08/31/2016 PRE -PAID LEGAL SERVICES INC 96.59 0.00 96.59 AP 00372650 08/31/2016 PRISTINE UNIFORMS LLC 0.00 1,196.47 1,196.47 User: VLOPEZ - VERONICA LOPEZ Page: 2 Report: CK_AGENDA_REG_PORTRAITCONSOLIDATED - CK: Agenda Check Register Portrait 1 Current Date: 09/13/2016 Time: 14:03:08 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00372651 00372652 00372653 00372654 00372655 00372656 00372657 00372658 00372659 00372660 00372661 00372662 00372663 00372664 00372665 00372666 00372668 00372669 00372670 00372671 00372672 00372673 00372674 00372678 00372679 00372680 00372681 00372682 00372683 00372684 00372685 00372686 00372687 00372688 00372689 00372690 00372691 00372692 00372693 00372694 00372695 00372696 00372697 00372698 00372699 00372700 00372701 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 08/31/2016 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/30/2016 through 9/12/2016 Vendor Name R AND R AUTOMOTIVE RED WING SHOE STORE RED WING SHOE STORE RED WING SHOE STORE RED WING SHOE STORE RICHARDS WATSON AND GERSHON ROBLEDO, HEATHER SAN BERNARDINO CTY SAN BERNARDINO CTY FIRE PROTECTION DISTRICT SAN BERNARDINO, CITY OF SBPEA SC FUELS SEXTON, SHEILA SHEAKLEY PENSION ADMINISTRATION SHEAKLEY PENSION ADMINISTRATION SHERIFFS COURT SERVICES SHOETERIA SIEMENS INDUSTRY INC SMARTER BETTER CITIES SMARTLITE SO CALIF GAS COMPANY SO CALIF GAS COMPANY SOLARWINDS INC SOUTHERN CALIFORNIA EDISON SOUTHLAND FARMERS MARKET ASSOC INC SPARKLETTS SPOONFACTORY STABILIZER SOLUTIONS INC STOTZ EQUIPMENT TASSO, PHILLIP TILL, LILLIAN TURNOUT MAINTENANCE COMPANY LLC U S LEGAL SUPPORT INC UNIQUE MANAGEMENT SERVICES INC UNITED PACIFIC SERVICES INC UNITED SITE SERVICES OF CA INC UNITED WAY UPS UPS FREIGHT VALLEY POWER SYSTEMS INC VENZOR, JENNIFER VERIZON BUSINESS VIVERAE INC VOHNE LICHE KENNELS INC VORTEX INDUSTRIES INC WALTERS WHOLESALE ELECTRIC CO WAXIE SANITARY SUPPLY 2,232.94 5,419.74 738.92 2,372.42 316.68 2,195.25 1.12 0.00 0.00 957.22 959.04 15,700.38 3.00 307.80 0.00 446.95 10,270.25 554.15 6,948.00 545.00 4,348.54 1,509.00 4,999.00 26,207.34 402.00 78.04 1,743.75 649.00 1,295.02 259.79 36.62 0.00 178.44 645.34 20,979.00 230.52 146.00 34.67 95.00 1,045.51 31.10 18.24 4,600.00 125.00 6,376.75 3,271.83 4,206.10 User: VLOPEZ - VERONICA LOPEZ Page: 3 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I P47 Fire Amount 0.00 2,232.94 0.00 5,419.74 0.00 738.92 0.00 2,372.42 0.00 316.68 0.00 2,195.25 0.00 1.12 13,960.85 13,960.85 4,103.00 4,103.00 0.00 957.22 0.00 959.04 0.00 15,700.38 0.00 3.00 0.00 307.80 154.70 154.70 0.00 446.95 0.00 10,270.25 0.00 554.15 0.00 6,948.00 0.00 545.00 367.54 4,716.08 *** 0.00 1,509.00 0.00 4,999.00 0.00 26,207.34 0.00 402.00 0.00 78.04 0.00 1,743.75 0.00 649.00 0.00 1,295.02 0.00 259.79 0.00 36.62 182.00 182.00 0.00 178.44 0.00 645.34 0.00 20,979.00 0.00 230.52 0.00 146.00 0.00 34.67 0.00 95.00 0.00 1,045.51 0.00 31.10 0.00 18.24 0.00 4,600.00 0.00 125.00 0.00 6,376.75 0.00 3,271.83 0.00 4,206.10 Current Date: 09/13/2016 Time: 14:03:08 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00372702 00372703 00372714 00372715 00372716 00372717 00372718 00372719 00372720 00372721 00372722 00372723 00372724 00372725 00372726 00372727 00372728 00372729 00372730 00372731 00372732 00372733 00372734 00372735 00372736 00372737 00372738 00372739 00372740 00372741 00372742 00372743 00372744 00372745 00372747 00372748 00372749 00372750 00372751 00372752 00372753 00372754 00372755 00372756 00372757 00372758 00372759 08/31/2016 08/31/2016 09/01/2016 09/01/2016 09/01/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 User: VLOPEZ - VERONICA Report: CK_AGENDA_REG P CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/30/2016 through 9/12/2016 Vendor Name WESTRUX INTERNATIONAL INC WT.COX BRODART BOOKS INLAND VALLEY DAILY BULLETIN LIMS AUTO INC 10-8 RETROFIT INC. A AND R TIRE SERVICE ABLE BUILDING MAINTENANCE ADAPT CONSULTING INC AIMTD ALBERTA. WEBB ALCORN, RICHARD ALL CITIES TOOLS ALL WELDING ALLIANT INSURANCE SERVICES INC. ALLIED BARTON SECURITY SERVICES LLC ALPHAGRAPHICS AMTECH ELEVATOR SERVICES APWA ARCHITERRA DESIGN GROUP AT&T MOBILITY BALDY FIRE AND SAFETY BALLOON TEAM PROMOTIONS BALNEG, RAFAEL BARBER, DAVID BARNES AND NOBLE BARTEL ASSOCIATES LLC BATTERY POWER INC BERLITZ BICONDOVA, JOHN BRIGHTVIEW LANDSCAPE SERVICES INC. BROOKS PRODUCTS BUSINESS CENTER FINANCIAL SERVICES BW PRINTWORKS CVWD CAL OSHA REPORTER CAMPOS XCLUSIVE CARPENTER, ARTHUR CARQUEST AUTO PARTS CASTILLO, JESSIE CINTAS CORPORATION #150 CLARKE PLUMBING SPECIALTIES INC. CLEANRIVER RECYCLING SOLUTIONS CLEAR COAST CONSTRUCTION CLEARWATER GRAPHICS INC CLF WAREHOUSE CONFIRE JPA LOPEZ Page: 4 C1 0.00 21.35 15,781.97 910.00 2,876.49 1,890.33 619.32 27,146.96 398.75 802.00 625.00 20.00 121.07 4,438.07 306.00 25,291.90 133.13 50.00 650.00 1,125.00 0.00 313.85 324.00 78.83 1,500.00 103.64 0.00 55.69 110.00 0.00 1,515.16 286.59 250.00 0.00 129,997.39 395.00 1,900.00 100.64 71.06 250.00 936.46 1,492.77 2,737.98 280.00 40.12 0.00 0.00 ORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I P48 Fire Amount 3,625.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 83.30 0.00 0.00 0.00 0.00 0.00 1,420.00 0.00 0.00 361.46 0.00 0.00 0.00 561.72 55.20 0.00 0.00 0.00 11.41 0.00 0.00 0.00 0.00 3,897.50 0.00 141.50 52,606.58 3,625.52 21.35 15,781.97 910.00 2,876.49 1,890.33 619.32 27,146.96 398.75 802.00 625.00 20.00 121.07 4,438.07 306.00 25,291.90 133.13 50.00 650.00 1,125.00 83.30 313.85 324.00 78.83 1,500.00 103.64 1,420.00 55.69 110.00 361.46 1,515.16 286.59 250.00 561.72 130,052.59 *** 395.00 1,900.00 100.64 82.47 *** 250.00 936.46 1,492.77 2,737.98 4,177.50 *** 40.12 141.50 52,606.58 Current Date: 09/13/2016 Time: 14:03:08 Check No. Check Date CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Vendor Name Aienda Check Reeister 8/30/2016 through 9/12/2016 P49 C Fire Amount AP 00372760 09/07/2016 COOK, JANA 93.43 0.00 93.43 AP 00372761 09/07/2016 CORTEZ, CRYSTAL 500.00 0.00 500.00 AP 00372762 09/07/2016 DANIELS TIRE SERVICE 0.00 429.00 429.00 AP 00372763 09/07/2016 DATA ARC LLC 18,193.95 0.00 18,193.95 AP 00372764 09/07/2016 DELTA DENTAL 39,857.30 0.00 39,857.30 AP 00372765 09/07/2016 DUMBELL MAN FITNESS EQUIPMENT, THE 475.00 0.00 475.00 AP 00372766 09/07/2016 EIGHTH AVENUE ENTERPRISE LLC 1,463.40 0.00 1,463.40 AP 00372767 09/07/2016 EMBROIDME 1,333.80 0.00 1,333.80 AP 00372768 09/07/2016 ENN GEE CORP. 3,947.50 0.00 3,947.50 AP 00372769 09/07/2016 FEDERAL EXPRESS CORP 92.23 0.00 92.23 AP 00372770 09/07/2016 FLEET METAL BOX CORP. 188.66 0.00 188.66 AP 00372771 09/07/2016 FLEET SERVICES INC. 0.00 397.45 397.45 AP 00372772 09/07/2016 FRANKLIN TRUCK PARTS 0.00 784.32 784.32 AP 00372773 09/07/2016 FRISBY, CHRISTIANA 59.00 0.00 59.00 AP 00372774 09/07/2016 FRONTIER COMM 6,436.82 1,071.63 7,508.45 *** AP 00372775 09/07/2016 G AND M BUSINESS INTERIORS 871.44 0.00 871.44 AP 00372776 09/07/2016 GILBERT, VELMA 275.00 0.00 275.00 AP 00372777 09/07/2016 GILL, ZINATH 16.62 0.00 16.62 AP 00372778 09/07/2016 GILMAN, JIM 400.00 0.00 400.00 AP 00372779 09/07/2016 GLOBALSTAR USA 84.05 0.00 84.05 AP 00372780 09/07/2016 GOOD YEAR TIRE AND RUBBER CO. 0.00 519.75 519.75 AP 00372781 09/07/2016 GRAINGER 612.01 199.46 811.47 *** AP 00372782 09/07/2016 GREEN ROCK POWER EQUIPMENT 575.46 0.00 575.46 AP 00372783 09/07/2016 GRIFFIN, SHIRR'L 122.50 0.00 122.50 AP 00372784 09/07/2016 HARRIS, AUGUST 125.00 0.00 125.00 AP 00372785 09/07/2016 HAYNES. TAADHIMEKA 500.00 0.00 500.00 AP 00372786 09/07/2016 HEARTSAVERS LLC 50.00 0.00 50.00 AP 00372787 09/07/2016 HENRY SCHEIN ANIMAL HEALTH SUPPLY 697.51 0.00 697.51 AP 00372788 09/07/2016 HERITAGE EDUCATION GROUP 58.00 0.00 58.00 AP 00372789 09/07/2016 HI WAY SAFETY INC 330.48 0.00 330.48 AP 00372790 09/07/2016 HINDERLITER DE LLAMAS AND ASSOCIATES 40,264.82 0.00 40,264.82 AP 00372791 09/07/2016 HOSE MAN INC 0.00 70.10 70.10 AP 00372792 09/07/2016 HOYT LUMBER CO., SM 0.00 54.40 54.40 AP 00372793 09/07/2016 IDEXX DISTRIBUTION INC 4,039.49 0.00 4,039.49 AP 00372794 09/07/2016 IMPRESSIONS GOURMET CATERING 324.00 0.00 324.00 AP 00372795 09/07/2016 INLAND EMPIRE PROPERTY SERVICES INC 0.00 3,765.00 3,765.00 AP 00372796 09/07/2016 INLAND PRESORT & MAILING SERVICES 15.78 0.00 15.78 AP 00372797 09/07/2016 INLAND VALLEY DAILY BULLETIN 97.99 0.00 97.99 AP 00372798 09/07/2016 INTERVET INC 5,159.20 0.00 5,159.20 AP 00372799 09/07/2016 J & D GUILLIAM CONSTRUCTION INC 750.00 0.00 750.00 AP 00372800 09/07/2016 JACOBSEN DIVISION OF TEXTRON INC 130.85 0.00 130.85 AP 00372801 09/07/2016 JOHN YEAW & ASSOCIATES 177.21 0.00 177.21 AP 00372802 09/07/2016 K K WOODWORKING 43.16 0.00 43.16 AP 00372803 09/07/2016 KENT HARRIS TRUCKING & MATERIALS 1,360.26 0.00 1,360.26 AP 00372804 09/07/2016 KIWANIS CLUB OF RANCHO CUCAMONGA 173.00 0.00 173.00 AP 00372805 09/07/2016 LANCE SOLL AND LUNGHARD 190.00 430.00 620.00 *** AP 00372806 09/07/2016 LAWANI, ABIEVHESE 242.22 0.00 242.22 User: VLOPEZ - VERONICA LOPEZ Page: 5 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait 1 Current Date: 09/13/2016 Time: 14:03:08 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Check No. Check Date Vendor Name AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00372807 00372808 00372809 00372810 00372811 00372812 00372813 00372814 00372815 00372816 00372817 00372818 00372819 00372820 00372821 00372822 00372823 00372824 00372825 00372826 00372828 00372829 00372830 00372831 00372832 00372833 00372834 00372835 00372836 00372837 00372838 00372839 00372840 00372841 00372842 00372843 00372844 00372845 00372846 00372847 00372848 00372849 00372850 00372851 00372852 00372853 00372854 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 User: VLOPEZ - VERONICA Report: CK_AGENDA_REG_P Agenda Check Register 8/30/2016 through 9/12/2016 LITTLE BEAR PRODUCTIONS LOS ANGELES FREIGHTLINER LOS ANGELES TIMES MAIN STREET SIGNS MARIPOSA LANDSCAPES INC MARK CHRISTOPHER INC MARSH, KIMBERLY MCMASTER CARR SUPPLY COMPANY MEDIWASTE DISPOSAL LLC MEINEKE CAR CARE CENTER MIDWEST TAPE MIJAC ALARM COMPANY MK AUTO DETAIL INC MOUNTAIN MOTOR SPORTS MOUNTAIN VIEW SMALL ENG REPAIR MSAB INC MYERS TIRE SUPPLY NAPA AUTO PARTS O'HARE, HEATHER OCCUPATIONAL HEALTH CTRS OF CA OFFICE DEPOT OLS SERVICE INC. ONTARIO SPAY AND NEUTER INC ONTARIO WINNELSON CO ONTARIO, CITY OF OPARC PALMER, MARIE FRANCES PARS PATTON SALES CORP PEP BOYS PETES ROAD SERVICE INC PRECISION CONCRETE CUTTING PRIME GLASS PRO SALES GROUP INC PSA PRINT GROUP QUAN, JENNIFER RANCHO CUCAMONGA FONTANA FAMILY YMCA RICHARDS WATSON AND GERSHON ROTO ROOTER RUGG, KEVIN SAFELITE FULFILLMENT INC SAN BERNARDINO COUNTY SHERIFFS DEPT SAN BERNARDINO CTY SC FUELS SIGN SHOP, THE SO CALIF GAS COMPANY SOCIAL VOCATIONAL SERVICES LOPEZ Page: 6 CCi 2,640.00 470.39 519.31 5,700.46 14,509.06 0.00 250.00 1,378.85 90.00 2,571.37 916.64 2,916.00 0.00 2,310.78 508.11 2,995.00 132.39 0.00 71.52 504.59 6,861.19 534.40 375.00 200.93 0.00 352.00 283.18 3,500.00 0.00 135.10 146.28 4,779.69 252.64 357.00 127.44 141.02 9,590.88 35,073.94 165.00 199.00 195.97 390.32 15,785.06 0.00 0.00 523.01 3,388.00 ORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait 1 P50 Fire Amount 0.00 1,967.33 0.00 0.00 0.00 774.20 0.00 0.00 0.00 0.00 0.00 0.00 385.00 0.00 0.00 0.00 0.00 280.20 0.00 289.80 61.73 0.00 0.00 0.00 10,000.00 0.00 0.00 0.00 77.22 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,175.50 0.00 0.00 0.00 0.00 0.00 1,675.58 194.40 205.74 0.00 Current Date: Time: 2,640.00 2,437.72 *** 519.31 5,700.46 14,509.06 774.20 250.00 1,378.85 90.00 2,571.37 916.64 2,916.00 385.00 2,310.78 508.11 2,995.00 132.39 280.20 71.52 794.39 6,922.92 534.40 375.00 200.93 10,000.00 352.00 283.18 3,500.00 77.22 135.10 146.28 4,779.69 252.64 357.00 127.44 141.02 9,590.88 38,249.44 165.00 199.00 195.97 390.32 15,785.06 1,675.58 194.40 728.75 *** 3,388.00 09/13/2016 14:03:08 *** Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00372855 00372857 00372858 00372859 00372860 00372861 00372862 00372863 00372864 00372865 00372866 00372867 00372868 00372869 00372874 00372875 00372876 00372877 00372878 00372879 00372880 00372881 00372882 00372883 00372884 00372885 00372893 00372894 00372895 00372896 00372897 00372898 00372899 00372900 00372901 00372902 00372903 00372904 00372905 00372906 Note: 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT A2enda Check ReOster 8/30/2016 through 9/12/2016 Vendor Name SOLAR CITY CORPORATION SOUTHERN CALIFORNIA EDISON SOUTHLAND FARMERS MARKET ASSOC INC SOUTHLAND SPORTS OFFICIALS STOTZ EQUIPMENT THOMPSON PLUMBING SUPPLY THREE D SERVICE COMPANY INC UNITED PACIFIC SERVICES INC UNITED ROTARY BRUSH CORPORATION UNITED SITE SERVICES OF CA INC UPLAND AUTO TRIM UPS UTILIQUEST VARSHA, ROMEN VERIZON WIRELESS - LA VERIZON WIRELESS - LA VISALIA PLAYERS AT ICE HOUSE THEATRE VORTEX INDUSTRIES INC WALTERS WHOLESALE ELECTRIC CO WAXIE SANITARY SUPPLY WEST COAST LIGHTS & SIRENS WESTCOAST MEDIA NYDER, TASNIM ABC LOCKSMITHS AIRGAS USA LLC BIBLIOTHECA ITG BRODART BOOKS CITRUS MOTORS ONTARIO INC DUNN EDWARDS CORPORATION EMCOR SERVICE EWING IRRIGATION PRODUCTS FASTENAL COMPANY FORD OF UPLAND INC GENERATOR SERVICES CO HOLLIDAY ROCK CO INC KME FIRE APPARATUS LIMS AUTO INC LN CURTIS AND SONS ORKIN PEST CONTROL VISTA PAINT C1 503.88 2,440.04 490.00 2,400.00 1,273.42 7.52 0.00 23,982.00 520.38 233.91 350.00 171.39 2,290.15 500.00 5,411.30 0.00 200.00 0.00 2,949.92 1,774.50 3,633.04 900.00 702.45 284.98 1,277.09 28,728.05 7,887.80 835.78 72.88 1,757.63 1,465.04 408.24 7,944.20 3,293.82 980.35 0.00 2,820.17 0.00 157.00 31.33 P51 Fire Amount 0.00 1,474.88 0.00 0.00 0.00 0.00 4,991.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,574.59 0.00 2,737.80 440.92 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 661.11 0.00 0.00 0.00 0.00 0.00 4,333.77 0.00 557.28 0.00 104.16 631.00 0.00 503.88 3,914.92 *** 490.00 2,400.00 1,273.42 7.52 4,991.50 23,982.00 520.38 233.91 350.00 171.39 2,290.15 500.00 5,411.30 2,574.59 200.00 2,737.80 3,390.84 *** 1,774.50 3,633.04 900.00 702.45 284.98 1,277.09 28,728.05 7,887.80 1,496.89 *** 72.88 1,757.63 1,465.04 408.24 7,944.20 7,627.59 *** 980.35 557.28 2,820.17 104.16 788.00 *** 31.33 Total City: $1,190,907.96 Total Fire: $207,377.68 Grand Total: $1,398,285.64 *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 7 Report: CK_AGENDA_REG_.PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait 1 Current Date: 09/13/2016 Time: 14:03:08 P52 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register August 1, 2016 - August 31,2016 DATE DESCRIPTION CITY FIRE AMOUNT 8/1 Workers Comp - Fire Account Transfer 663.96 663.96 8/2 AUTHNET GATEWAY BILLING CCD 85444534 57.75 57.75 8/3 STATE DISBURSEMENT UNIT - Child Support Payments 1,509.08 1,509.08 8/3 U.S. BANK - Purchasing Card Payment - July 2016 48,038.44 7,232.16 55,270.60 8/3 U.S. BANK - Corporate Card Payment - July 2016 0.00 34,810.99 34,810.99 8/3 Workers Comp - City Account Transfer 3,731.36 3,731.36 8/3 Workers Comp - Fire Account Transfer 1,621.99 1,621.99 8/4 CALPERS - Fire - Retirement Account Deposit 761.35 761.35 8/4 CALPERS - Fire - Retirement Account Deposit 2,080.51 2,080.51 8/4 CALPERS - Fire - Retirement Account Deposit 4,883.09 4,883.09 8/4 CALPERS - Fire - Retirement Account Deposit 6,046.68 6,046.68 8/4 CALPERS - Fire - Retirement Account Deposit 6,284.49 6,284.49 8/4 CALPERS - Fire - Retirement Account Deposit 108,839.87 108,839.87 8/4 STATE DISBURSEMENT UNIT - Child Support Payments 5,897.44 5,897.44 8/4 Workers Comp - City Account Transfer 3,239.63 3,239.63 8/4 Workers Comp - Fire Account Transfer 3,918.70 3,918.70 8/5 CALPERS - City - Retirement Account Deposit 36,849.95 36,849.95 8/5 CALPERS - City - Retirement Account Deposit 205,592.70 205,592.70 8/5 Workers Comp - City Account Transfer 486.04 486.04 8/5 Workers Comp - Fire Account Transfer 674.37 674.37 8/8 WIRE TRANSFER - To California ISO 84,197.88 84,197.88 8/8 Workers Comp - City Account Transfer 1,519.57 1,519.57 8/8 Workers Comp - Fire Account Transfer 124.47 124.47 8/9 Workers Comp - City Account Transfer 599.29 599.29 8/9 Workers Comp - Fire Account Transfer 302.86 302.86 8/10 Workers Comp - City Account Transfer 1,122.88 1,122.88 8/10 Workers Comp - Fire Account Transfer 253.49 253.49 8/11 Workers Comp - City Account Transfer 1,960.49 1,960.49 8/12 Workers Comp - City Account Transfer 442.78 442.78 8/15 WIRE TRANSFER - To MUFG Union Bank - Debt Service CFD 2001-01 #3 43,460.50 43,460.50 8/15 WIRE TRANSFER - To MUFG Union Bank - Debt Service CFD 2000-01 45,938.75 45,938.75 8/15 WIRE TRANSFER - To MUFG Union Bank - Debt Service CFD 2006-02 106,668.80 106,668.80 8/15 WIRE TRANSFER - To MUFG Union Bank - Debt Service CFD 2006-01 178,049.20 178,049.20 8/15 WIRE TRANSFER - To MUFG Union Bank - Debt Service CFD 2000-02 384,714.50 384,714.50 8/15 WIRE TRANSFER - To MUFG Union Bank - Debt Service CFD 2001-01 455,794.00 455,794.00 8/15 Workers Comp - City Account Transfer 673.52 673.52 8/16 Workers Comp - City Account Transfer 100.94 100.94 8/17 STATE DISBURSEMENT UNIT - Child Support Payments 1,509.08 1,509.08 8/17 Workers Comp - City Account Transfer 1,300.62 1,300.62 8/17 Workers Comp - Fire Account Transfer 491.00 491.00 8/18 CALPERS - City - Retirement Account Deposit 36,624.36 36,624.36 8/18 CALPERS - City - Retirement Account Deposit 202,718.02 202,718.02 8/18 CALPERS - Fire - Retirement Account Deposit 892.00 892.00 8/18 CALPERS - Fire - Retirement Account Deposit 2,051.67 2,051.67 8/18 CALPERS - Fire - Retirement Account Deposit 4,883.09 4,883.09 8/18 CALPERS - Fire - Retirement Account Deposit 6,065.85 6,065.85 8/18 CALPERS - Fire - Retirement Account Deposit 6,459.16 6,459.16 8/18 CALPERS - Fire - Retirement Account Deposit 108,840.16 108,840.16 8/18 STATE DISBURSEMENT UNIT - Child Support Payments 6,238.16 6,238.16 8/18 WIRE TRANSFER - To Wells Fargo Bank - CFD Debt Service and Interest Payments 2,858,151.11 2,858,151.11 8/18 Workers Comp - City Account Transfer 442.78 442.78 8/18 Workers Comp - Fire Account Transfer 3.60 3.60 8/19 Workers Comp - City Account Transfer 3,408.63 3,408.63 8/19 Workers Comp - Fire Account Transfer 2,136.89 2,136.89 8/22 Workers Comp - Fire Account Transfer 1,515.37 1,515.37 8/23 Workers Comp - City Account Transfer 1,937.14 1,937.14 8/23 Workers Comp - Fire Account Transfer 1,173.87 1,173.87 8/24 Workers Comp - City Account Transfer 5,255.05 5,255.05 8/24 Workers Comp - Fire Account Transfer 7,804.87 7,804.87 1 P53 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register August 1, 2016 - August 31,2016 DATE DESCRIPTION CITY FIRE AMOUNT 8/25 Workers Comp - City Account Transfer 1,721.43 1,721.43 8/25 Workers Comp - Fire Account Transfer 2,562.49 2,562.49 8/26 Workers Comp - Fire Account Transfer 3,267.60 3,267.60 8/29 Workers Comp - City Account Transfer 364.12 364.12 8/29 Workers Comp - Fire Account Transfer 1,206.56 1,206.56 8/30 CALPERS - City - Retirement Account Deposit 36,552.86 36,552.86 8/30 CALPERS - City - Retirement Account Deposit 207,212.26 207,212.26 8/30 CALPERS - Fire - Retirement Account Deposit 803.00 803.00 8/30 CALPERS - Fire - Retirement Account Deposit 1,847.00 1,847.00 8/30 CALPERS - Fire - Retirement Account Deposit 4,395.00 4,395.00 8/30 CALPERS - Fire - Retirement Account Deposit 5,460.00 5,460.00 8/30 CALPERS - Fire - Retirement Account Deposit 5,813.00 5,813.00 8/30 CALPERS - Fire - Retirement Account Deposit 97,956.00 97,956.00 8/30 Workers Comp - City Account Transfer 181.67 181.67 8/31 U.S. BANK - Purchasing Card Payment - August 2016 51,577.55 8,006.99 59,584.54 8/31 U.S. BANK - Corporate Card Payment - August 2016 51,950.27 22,264.40 74,214.67 8/31 WIRE TRANSFER - To Wells Fargo Bank - Debt Service Assessment District No. 93-1 196,406.19 196,406.19 8/31 Workers Comp - City Account Transfer 211.08 211.08 Total City Total Fire GRAND TOTAL 2 $ 5,262,272.27 $ 486,534.15 $ 5,748,806.42 City of Rancho Cucamonga V.N CO N 0 0 N V (0 C( O O c0 7 O CO 0 N Cl V r - WO ,- O .- O .- (0 (n 2 > W to c) O CO (D N W c0 ( ) CO cI) (0 N co N- O r O r O 2 Z.Csl c V r N O co r- cD >M o m og Investments f` N 0 4- N O CI CD C N (0 CO 00 (D (() Cr) VI (00 (CD (7 co 01 CO 0 CD 0 47,284.586 22 47,284.586.22 47,284.586.22 Local Agency Investment Fund 3,999,120 00 3,999,292.40 4,000,000.00 Certificates of Deposit/Neg. - Bank 8,972,957.78 8,993,601.20 9,000,000.00 Commercial Paper - Discount 178.841,163.05 179,178,098 38 178,895,000 00 1.785.192.86 1,785,192.86 17,419.707.32 17, 516,877.20 3,496,152.74 3,537,166.50 o 0 o o O O co o CO 0 CO 0 co CO7 0 Li) C Lo 0) N m Q CL C N C Lk coo 2 Corporate Notes (0 N A 261,798,879.97 262,294,814.76 261,824,779.08 Investments Cash and Accrued Interest Accrued Interest at Purchase N (0 r A r. 261,799,259.13 262,295,193.92 261,824,779.08 Total Cash and Investments Fiscal Year To Date August 31 Month Ending (NI 0 0 (0 N 272,051,441.94 270,356,860.42 Average Daily Balance a) w c 0 0 as E > CO c JO a) U `S c O aE C a) O L E~ N o c a) 'v L C ) O X >0 CI- 13 U 2 Q co E O N L O E a .x E ° a)V c co a) E aa)) w ao a) m E > .2 > 0o a., 13) M C v E 03 0 > .c C (n CD U C L_ � 3 g v E(n o v C U `O c c (n 3 (°).) -v O _ c N c co 0 C N O) M 0 N •C E .c .5 ,7)Ea a)mc C o.o (O y a o°)0 N Z.1-4 m U > 0 me a) u) 0-_> U 'c a) m y a) C >. y _ rU m (O0 a- 0 E u) o 0 v 0.Z a) C �) 0) t.. O O > O .c 3 C (n aa))E� U Q > Effective Rate of Return P54 _ O O F Q m 2 U ^n d 0 > E ° u.' 8 a) 0 o n. a m c d a E a) c 0 O O) C a) E U O c 0 0 a To 0 > 0 C a) 0 v, c 0 N O 0. CI) H "Cl 0 v \d 0_ cn o O U 0 0 m E E Reporting period 08/01/2016-08/31/2016 Run Date 09/13/201 *d= CD 7co 0 Ql m 0 g co ) 0) _ 0 C d WE al , 7 V 7 2) C N TO > of o as 0 M V il N _.O 48 = co D 0) ,O = t °Q dd 0 0 0 � >'a O r0 e V d a Market Value N 01 0) (o C > —u Q m v (0 O 47,284,586.22 47,284,586.22 47,284,586.22 47,284,586.22 47,284,586.22 47,284,586.22 52,526,521.70 12 09/13/2016 O O � tf N N N C 0) 0) 0) 0) 0) 01 (n Ci 4,000,000.00 CD O N 0) N O CO CO N N_ o c 0- 0 (O R N F- O LW_ 0 0 03 CV O O 3,999,747.20 4,993,854.00 co co co h N- 00 0) 0 N O N N N N r co N- 0) 0) 0) co N. 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 00 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N O N CO O 0 N N CO 0) N N 0) 0) N CO 0) N N N N NT ' (D0) (') (DN 0) 0o V) el ) mm m ,C) o) 0) v0) 0 0 0 0 0 0 0 0 .- 0 0 0 0 0 0 0 0 0 0 0 N h (0 CO N CO 0 h N 0 V 0) [D sr. -_-O 0) co V) (D 0 CO (') V O CO Nt 0 0 C) (O 0) 0 O (D u 0 0 0 CO LO N N CO 0 •- (D N 0 I- 0 O N () N fO fh 0 0) CD l) 0 CO N CO 0 CO (') 0 0 0 N 0 0 0 0 0 CO N O 0 O) (') 0 C') N 0 NT 0 (D 0 C') (0 f') (O 0) CO R 0 0 N- O N) 0 0 O) O O M r O M N (0 O M m CO 0 V r N O 1O 10 CO O CO O .- O r r 1- O O C13 03 CO CO C13 CO (0 CO (0 (0 00 (0 CO 00 CO (0 CO CO 00 CO CO CO (0 CO CO CO CO CO CO (0 m (0 CO m CO CO CO CO CO CO CO CO CO CO CO CO Q Q QQQ Q Q Q Q Q Q QQQ Q Q Q Q Q Q Q Q Q 0 0 0 0 0 0 0 0 0 (0 0 0 0 0 0 0 0 0000001 0 0 0 CO (') 0 0 0 O N (D 0 (O 0) h 0 0 N 0 0 (0 0 N- 0) 0 (0 0 (') (O CO (0 ) CO 00 0 C') 0 N 0 f0 () CO 0 CO O — o 0 P') (CD CDe- 0 CO R 0 Ci LO v o 0 ui 0 COO0) 00) try 0 0 0 0)) 0) o r of 0 of 0 co - 0 o0 0) O) 00 0) 0 0) 0 0) 0 0) N 0 0) CO a. N N N 0 0 0 0 0 0 (00 (OO 0 0 V O O 4) O) N 0) n O N N NT (O (0 1O CO CO (0 r- O M N,- CO R M C9 0) 0 0 0 ao 00 0 0) 00) 0 0 O CV COl (OD 0 100 00 M 0 La' to" N 1 N f') 0 O O 0 0 0 0 0 0 0 0 0 0 o O O O O O O O O 0 0 0 o O o 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 O0 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 C) O 0 (0 'Q ? 0 0) . 'V 0 0 0 N N (') (() O 0 0 N O O 0) 0) O) 0) irr N 0 w Z A N Q (Y] Q 12 C ro 3 2 Y .0 C 0 m 0 C 6 O d Z O v c) fn 0 0 (0 Q (0 ID O N O( 0. Nato Ci (0 o a I ayi A LO (5 0 0 0 0. E o & X E N O } N a O 0 J co O m 10 Investment # LOCAL Subtotal UN O O N N D1a N 0 CO 0 TOYOTA MOTOR CREDIT CORP. TOYOTA MOTOR CREDIT CORP. 89233GJ72 89233GLE4 0 I. 00) N 0) 0) W Subtotal and Average Federal Agency Issues - Coupon 4,000,000.00 4,001,692.00 4,000,000.00 O O n o o (00(000 N 0 0 0 coom0 O(D 0 0 0) 0 u) 0 0 rn 0 0) 0 0 10 V O O 0 (OO (D 00) R 0f 0) 00) 0) 3,501,914.50 4,485,365.63 2,497,356.56 4,000,000.00 4,020,332.00 3,000,422.03 3,007,305.00 0 0 D a rn CO o 0 o r 0) O O l') 0 (n0 0 0 4- (!) ('i O O 0)- 0 )0 0 0 0)0) O O O 0) 0 () (') r r 0 0 0 0 co n 0 0 3,019,095.00 0 CO N 10 M co O 0 O 0) N 0 00 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 c c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0) 0 (D 0 0 0 1) u) 0 0 0 0 0 0 N R N V N) (O C C7 N b) b) O) O (') (') V' (D 0 0 0 (O (D (O (D M P) NT R 1O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N NN N N N N N N N N N N N N N N N (D (O CO 4 1 a (') m 0 0) a1 r) 0) v n 0 0 n v (. N N 1- N N N 0') 0 N N 1- N N N C') N N N N 0 0 0 CO CO 0 0 0 0) 0 0 ,- 0 0 0 CO 0 0 0 0 0 0 0 Y Y Y Y Y Y Y Y YYY Y Y Y Y ZZ ZZZ ZZZ ZZZ ZZZ Z Y Y m mm m mm m mm m m m m m m Q Q F F I- F F F F F I- I- I- F F F F m m W W W W W W W W W W W W W W W Q Q I0;E; 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q J 2 2 2 2 2 i 2 2 2 2 22 2 2 2 2 W W CCC' a' mm m mm m mm m mm m 22 Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 0 0 LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL 2 S J J J J 4 J J 4 4 J J J J- ggg 4 J J J 4J J J W W W W W W W W W W W W W W W W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LULULULULL WWW WWWWWW WWW LL LL LL LL LL LL LL LL U. LL LL LL LL LL LL LL LL FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK N CO 0) 0 (f) ? 0 0) N 1O n 0) OR'R N (0 NT 0) CO N N N (') '7 V (0 N N N (') R V' s{ CO h 0) 0) O (1) (O (O 0 u) 0 u) (O fO CO (D (D (0 CD (D 0 10 (0 0 (O 0 (D (D (D 0 o) r- rn 10 st07 (O co N- M 0 }}N O N (O ro or Ur' (� 0 � 2 M F o W Y Y 2 re ct m LL 2 m m O o 0 0 0 0 0 0 0 0 W LL LL LL LL LL LL 0 0 () 0 N v v 0 co W W W W W W W W W W W W W W W N. co Q Q Q Q Q Q (') 01 (') f') (') P) m co r) r) b) b) (o (') (') r) V) 0 0 0 0 0 O (') 0') (+) f') (') 1') CO (') (') f') (') 0') (') (') C') M () (1) (1) (') (') (') M 01 01 (o (') C) 1') 11 (') b) (') 01 01 (1) () 01 () 01 01 01 01 Cr) M ( ) Run Date 09/13/2016 09 42 Report Ver 7 3 5 N Z'12' 0 70 co m 2 CO N 07 tt O = E c d ea d d O C V= O (0 CO N = O y CO O G O 0 0 c) ° Market Value w To 0 0) 0 CO CO 0 0) 0 N 0) 0) 1` CO CO CO 0) 0) 0) 0 0 0 0) 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O N N N N Cl N N N N N N N N N N N N N N N N N N N N N CO h 111 a 0 0 0 (0 h CD CO U) 0 0 CO n 0) 0) u) U) CO 0 (� ro o N N 0) (`) 0) N N N N 0 (`) (`) N N N N N N N N 0) r N N (o 1-) a CD O Q T Q U) L- Q O L- O o 0 0 0 .- n- 0 0 0 0 0 0 0 L- L- 0 0 0 0) N 7 N CO CO U) 1.17 0) C.L. r- 0 CD CO 1. - N 0 CO CO (OU) Q UI CO N N 01 0 0) CO N CO CO CO 0 N CO CO 1. U) Q Q CO Sr 0) 0) 0 it 01 . r CO COC] N. I, 0 0 01 U) CO CO 1— 7 0 7.0. 0. N O 01NI O O N U) U) 0 0 7 0 0 0 0 0 0 I, 0 Q 0 0 0 0 0 0 0 0 0 CD N 0) N. N 0 0 CO U) U) U) U) 0 0 U) U) 0 0 0 0 U) O L- N 0 N 0) O 0) CD U) U) O U) O O O 0 .- 0 N. (') 0) Q r- U) M [V N Q m CO CO co CO CO CO m m m CO m m m m m m m m m CO CO CO CO m m CO CO m m m CO m m CO m CO CO CO CO CO CO CO m m m CO m m CO m CO O CV N O N O 0 0 0 U) U) 0 0 0 0 0 0 0 0 0 U) 0 0 0 0 0 0 0 0 0 0 0 0 U) N U) t` N 0 0 U) 10 U) U) U) 0 0 r U) Q 0 0 0 0 U) O U) N 0 0 (V 0) 0 0) (D U) U) 0 U) 0 0 0 0 1- C) 1` U) 0) Q 1` N 0) N 0 N Q N O O 2,999,173.08 2,999,067.00 3,000,000.00 O CO 0 0 0 0 L- 0 0 0 0 0 0 (NO o n) 6 0 0 0 4 0 o 0 o 0 0 6 0 N 0 0 0 0 N 0 0 0 0 0 0 U) 0 0 0 0 0 0 1` 0 0 0 0 0 0 t` 0 00) 0 0 0 0 00) 0 0 0 0 0 0 co O 0 O O U) 0 0 0 0 0 0 0 0 0 CO N 0) Q 0) CO Q 0) 0) 0) Q 0) 0) Q 0 0 0 0 0 0 0 0 0o 0 0u) 0 00 O U) 0) U) N (O O (V CC00 - O m U1 1.0 QV. L- (O 0 Q O (O 0) r a U) O O O O 0 0 0 0) 0 0 0 U) 0 0 0 U) 0) 0) Q 0) 0) U) 0) 6,000,000.00 3,000,000.00 3,000,000.00 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 O O O O O O (0 O O O Q 0) 0) U) (7 2,987,118.00 3,000,000.00 0 0 0 0 0 0 0 0 0 0 O (0 (O n O .- CO m O U) o) U) CD 1'- r o O (n CO 0 0 0 0 CO 0 0 0 0 N Q 0) 0) U) 2,500,000.00 2,553,952.50 0 0 O 0 0 0 00 O U) Q 0) 0 0 0 U) O O CD. I` N 0 (O() Q 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 O O O O O co O 6 R 0) 0) N N Q 0) 2, 500, 000.00 2, 500, 335.00 2,500,000.00 00000) 0 0 o O O 0 o 0 ui O o 0 001 O O O O CO 0 0 0 0 0 0) Q Q Q Q 0) 4,004,948.00 4,004,076.00 4,007,024.00 4,000,000.00 4, 000, 000.00 0000 0 0 0 0 (0 40 (o v 0 O 0) Q O co 0 0) U) U) N O n (o n N- W 0) 0) 0) 01- Vi CO 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 00000 O O 0 0 0 Q Q Q Q Q 4,000,000.00 4,000,000.00 N 111 (O CO CO U) (D CO (0 CD CD CD (O N CO 0) CO Q U) U) U) U) CO CO (0 CD CO CD CO (5 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 O N N N N N N N N N N N N N N N N N N N N N N N N N N co 1. o) (1. 0 0 0 r n U) CO U) 0 0 0') Q 1. 0 0 (O U> CO 0 Q 00 O 7 N N N 7 0) 0) 0) N N N N 0 CO CO N 0 N N 0) N N N CO .- N N a o 0 0 0 0 0 0 0 0 0 0 0 0 0 o - o..-.- 0 0 0 0 0 0 0)0 a a O a a n a a a C am O • 000 00000 O 0 0 0 0 0 0 0 0 0 0 C7 :) 0 0 0 0 0 Y I— F F F f— f— F H I— z = a n cc m 2 N2 zz z z z z z z z z< O 0 0 0 0 0 0 0 0 0~ www www www w w 2M22 22NM222g y00000000000< N 2 2 2 2 2 2 2 2 2 2 2 z N OAN BANK Investment # Federal Agency Issues - Coupon NATL MTG ASSN NATL MTG ASSN NATL MTG ASSN NATL MTG ASSN y N < < O 0 zz z NATL MTG ASSN NATL MTG ASSN NATL MTG ASSN NATL MTG ASSN NATL MTG ASSN NATL MTG ASSN NATL MTG ASSN NATL MTG ASSN W W W W W W W W W W W W W W W W W W W W W W W W W W 00000000000000000000000000 w w w w W w w w w w W w w w w w w W w w w w w w w W LL LL LL LL LL LL LL LL LL LL LL LL U LL LL LL LL LL LL LL LL LL U U LL U 178,841,163.05 179,178,098.38 178,895,000.00 179,517,263.61 Subtotal and Average C C I0 0 0 0 CO N U) CO I. o (O I. CO Q 0) CD U) 0) Q CO CO 0 0) U) 0) 0 < co Q U) 0) 0) 0) CO Q - V7 U) (1) N N Cr) CO 0) N N N Q U) U) U) U) CO CD CO U) (0 CD CO CO CD (O (O (O U) U) N U) U) U) CD CD CD CD CD CD (O CD (D 0O O • 0 w C oN 0 06/01/2017 06/01/2019 P56 01 01 Lcl. N O 04) O O O 0 N Q N O N N < < CO 00) 0) 0 R 0) N N Un) - 0 ✓ (00o L- n 0 O O 0 N N U) 0D CO 0 0 00 N N N R U) ✓ U0co ) ((') 4'- U) ▪ O Q CO 0• • N N 0 11) 1,785,192.86 UNION BANC INVESTMENT SERVICES 0 co M W-) i co co Q 0 >2> ▪ m co 2 IN1S� 4�) CO } LL CO N ❑ 1 o L ( 17, QL L 0°j UI (• OO g 0 Q ▪ c } O U} d 1 N Q Y i N W (.7 (n (n O CLS J M 2 H o o (D R 0030000 0 0 0 0 0 N 0 N N 0) 0) 0) 0 CO 0) 0) O OV VvcvvVVVCOC)'CO'CDCOC%C• 0 • cn CO (O CO ) U) CO ) CO CO(0 COU) CDCO 0 4' c' 01 0) 0) N) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) CO 0) 0) 0) 0) 0) 0) 0) 4') 0) 0) Cl) o CD 0 0 0 0 • 0 • 0 N 0 O O co NN(OC) Subtotal and Average Municipal Bonds Q Q 0) O O O N N N CO (O 0 000 0 CHAFFEY CMNTY COLLEGE DIST CA U F N W J O < W O 0 • z O z • z z U z W u, LL z LL z U 2 03 u)) U0) (�D 0 N N o).17 N. co M 10 623040HB1 PM (PRF_PM2) 7.3 0 Run Date 09/13/2016 - 09 42 co O 0 E E • d • D) C U c O g H = O a) O 45 a°O t i.v a CD O N N 7 7 m to n o to N O O O O O N N N N N 0 0 0 0 0 O 0 0 0 00) CO 00)) CO r (0 CO M N V N (D 03 ( )) t0) (0 o )11. n rn o c 0 0) m T < < < 0 0 O 2 Market Value w To a (0 0 0 0 0 I,. o 0 0 0 n O 0 CO 0) • vu) 1- o 3,468,675.57 3,501,416.20 3,460,000.00 N 00 (f) 0) ([) W o 0 0 0 N � 0 0 0 0 O O CO N 0, CO .170 0 N 2,000,000.00 1,000,000.00 5,010,555.87 5,062,050.00 4,997,655.84 4,988,900.00 00 O o 00 NW V M CO (0 CO A L CI N N N N N 2 (0 (0 0 0) CO 7 NNN NN 0 N. 0 0 0 0 0 m me (o c 2>U U F CC K N F H • 0 0 C7 w LU J W W 0 0 2 13 ce • > > N • Q - ce • O O 0 Z 0 0 Investment # Municipal Bonds CALIF STATE TXBL GO CALIF STATE TXBL GO I's 0 (n 0 'Cr 0 U) (0 (0 CO 0 N W o v v CD n n CO 03 (0 CO M (0 (0 (0 nr 13063CSQ4 0) N- C.) U M 0 03 0 N CO 0 (() (0 h (0 CO O N 17,419,707.32 17,360,000.00 17,423,572.13 Subtotal and Average Corporate Notes O) 17- 3,496,152.74 3,537,166.50 3,500,000.00 CHEVRON CORP v 166764AE0 (O (0 3,496,152.74 0 0 0 ei 0 0 0 0 (o 0) vi Subtotal and Average .10 261,798,879.97 262,294,814.76 261,824,779.08 270,356,860.42 Total and Average Portfolio CITY P57 Run Date' 09/13/2016 - 09 42 P58 dam o 0 a o a o i ao a 0_ a o O • � Z O O E C.) V V � N C O co t c .O O O O ▪ CLU • M 2 Book Value Market Value m To a CD CD co a% .co a mm 0 c; u o e� > A am o v co gt- 0) n rto Accrued Interest at Purchase Investment # Average Balance (0 0) n l+7 0 a in 261,799,259.13 262,295,193.92 261,824,779.08 270,356,860.42 Total Cash and Investments Run Date: 09/13/2016 - 09:42 w rn Co a 10,500,000.00 Investment # a V) 7 0 Local Agency Investment Fund (Monthly Summary) LOCAL AGENCY INVST FUND 47,284,586.22 10,500,000.00 11,500,000.00 3,999,120.00 178,841,163.05 O o O O CO 0 0 0 O O O 1 co E 0 0 0 = « E U) (A N (1 A L C 0 2 c 3 O C 0. 0 O 0 O 0 V U 0 Q ro a) . w 7 N N C y )0 t FEDE tOC9 N O) 03 Hf 2,725,171.01 O 0 0 0 0 0 N 0 UNION BANC INVESTMENT SERVICES T C 0 0 H rV Q O E O y y 0 0 ±� E • 0 o E m 0 0 CO a) U U U c 43 o V) CO 17,419,707.32 0 0 0 0 O O 0 O O 0 O 0 O O • 0 0 N O CO MOUNT SAN ANTONIO CAL 0 Municipal Bonds 623040HA3 0 a (1) Corporate Notes 261,798,879.97 17,724,243.50 11,500,000.00 Run Date 09/13/2016 as a) O 0 E = co T- • o 3 Q. • E r O o c") • U • o 7 ce 3 oma 0 a Uc O c Q a) = QUA a) ai co v � a) w IL P60 ca p cm 47, O .0 E 'L w • N N • c M 0 •O Q CU a. ti N Crr *8'9 (t1:1 O O O O O O O O L() O Lt) O L0 O O O O O O O 4 - 5 Years 3 - 4 Years 2 - 3 Years 1 - 2 Years P61 0 () O.) co (0 N LL E ; (o c °) U Q > c C C W CO « c o g0 2 w O LL (a E E rn vl} Trustee and/or Investment Trust Account # Account Name Paving Aaent Bond Issue 0 0 O Ul 0 n- isi - O O O O C) In 00 00) v Cr)N N N O fA fH 0 0 0 O O O O O O Q z z z r- r- n 00) 00) 00)) O co co 1,417,059.03 N .- N 0) 0) () N 1n (+) co. 't 7 O N sr.N ID (p C) O 0) 0) NN 0) (O v O v v 4 sr v N N 0) r co O) N « C) coO 0 CO c(0O cco in 00 0 N n c'13 N 69 to M M to )A N 0 o a o 0 0 0 0 0 0 0 0 0000•0 O O O O O O O 0 0 0 0 0 O O O O O O O Q a Q Q Q Q ZZZZZZ ce) c, c' (h ch 0 0 0 O 0 N N N N N 0) 01 0) 0) 0) Q Q Q Q Q Q Q ZZZ z z z z c., c) O O O O N N N N N N N N v v v v 'Cl v a'0'0 v v v v C C C C C c C C C C C C C > > > > > > > > > > > > > LL LL LL LL LL LL LL LL LL LL LL LL LL N N N a) w a) a) a) a) N N N N Y -6 -6 -6 -6 Y co (O CO CO CO CO W CO CO CO CO (O CO >. > > T >. T >. > > > > >. > a) N N a) a) a) a) a) C) a) a) a) a) C C C C C C C C C C C C C 0 0 0 0 0 0 0 0 0 0 0 0 0 C171 c c c iiiiLi U- '0 ccc cc c LL llLL lU- 0.) a) d a) a) Ya) a) a) a) a) a) a) (0 -6 -6 -6 -6 L c0 W co (O N CO CO N CO CO CO CO C C C CU C C CD a) a) a) w a) d 0 0 0 0 0 0 0 P62 N r 0 r f` CO O (O 1n 0 1- N 10 N 0 — N. 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F W w~ Li �' aLLi Li .Q E v E 2 E Z (>) o m u- Z m c_ LL Z o LL 2 Ti E >. y 2 d 0 a) c v d '� v d= 'u v u a) v a) u(o a) 13 gg d N v (1) a) C > a) C N w 0) E C N a) N C (n C .0 v (p E � � � <O O Cn m° � CL (n < 03 Cf)) 0 0 (° � i/) O Q 0 N N o LL L� LL LL co g N N N N « 0 N >co y E to e a) rn m U h Assessment District No 93-1 CFD 2003-01 Improvement Area 1 (2013) CFD 2003-01 Improvement Area 2 (2013) CFD No 2004-01 Rancho Etiwanda Series 2014 Rancho Summit N 00 CO 't) 0 u) 0 0 0 0 .r) (n 0 t[) U) 0 LL) 147 P63 N r r r- O r O '4) 0 O N N 0 N n N 0 n c n r . 00' O 0 s' ' O4 4 ' co N' O ' O O ) o) ' o) 00 _ O O co in 00 co o) M M co r M a M CO Cr) M o) r CO. 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ID a a a a a CO 0 ZZZZZral m co L a Trustee and/or Investment Trust Account # Account Name Paving Agent Bond Issue U) tr) I) Ln 0 0 0 0 0 NNNN N 0 0 0 0 0 M C) M M M r- r`n N- r- '0 0 c 0 c LL LL LL (L LL ta to a3 N N N N N CCCCC O O O O O 0 0 0 0 0 r- r` r r- 0 0 0 0 0 0 v v v v N N N N N r- r- CO CO CD CO CO >- N CO 0 0 LL U PO O N CO 0) O c CO LL LL c U t 73 LL T 2 O N a L N d N C (/) CO LL Q' Union Bank CFD No. 2006-02 Amador on Rt. 66 TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS • Note: These investments are money market accounts which have no stated maturity date as they may be liquidated upon demand. P64 z 2L. ' N N CC co E E rn 4 0) Q h N h O) N.. 0 N N ar N UJ UJ CC (U ti 5 cC UJ Z 0 SI) STAFF REPORT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P65 RANCHO Date: September 21, 2016 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager, From: Ivan Rojer, Deputy Fire Chief By: Breanna L. Medina, Emergency Management Coordinator Subject: APPROVAL TO ACCEPT GRANT REVENUE IN THE AMOUNT OF $32,280 AWARDED BY THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (FY2015 HOMELAND SECURITY GRANT), AND ADMINISTERED BY THE SAN BERNARDINO COUNTY FIRE DEPARTMENT, OFFICE OF EMERGENCY SERVICES TO THE CITY OF RANCHO CUCAMONGA INTO ACCOUNT 1381000-4740 (GRANT INCOME) AND AUTHORIZE APPROPRIATION INTO ACCOUNT 1380501-5280 (EQUIPMENT/OPERATIONS) FOR THE PURCHASE OF SEVENTY FIVE REPLACEMENT EMERGENCY OPERATIONS CENTER TASK CHAIRS RECOMMENDATION Accept grant revenue in the amount of $32,280 awarded by the California Governor's Office of Emergency Services and administered by the San Bernardino County Fire Department, Office of Emergency Services under the FY2015 Homeland Security Grant and authorize the appropriation of $32,280 into account 1380501-5280 for the purchase of seventy five replacement Emergency Operations Center task chairs. BACKGROUND The FY2015 Homeland Security Grant contained a non-competitive portion of funding designated for each Fire Department/District in the San Bernardino County Operational Area. The funds must be used to support activities to secure and protect the Homeland. Once approved by Council, these funds will be used to purchase and replace seventy five task chairs for the City of Rancho Cucamonga Emergency Operations Center as part of a comprehensive refresh to the existing infrastructure in support of this mission. STAFF REPORT POLICE DEPARTMENT Date: September 21, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Frank Montanez, Lieutenant I% WI By: Breanna L. Medina, Emergency Management Coordinator Subject: APPROVAL TO ACCEPT GRANT REVENUE IN THE AMOUNT OF $28,736 AWARDED BY THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (FY2015 HOMELAND SECURITY GRANT), AND ADMINISTERED BY THE SAN BERNARDINO COUNTY FIRE DEPARTMENT, OFFICE OF EMERGENCY SERVICES TO THE CITY OF RANCHO CUCAMONGA INTO ACCOUNT 1381000- 4740 (GRANT INCOME) AND AUTHORIZE APPROPRIATION INTO ACCOUNT 1381701-5290 (SPECIALIZED TOOLS AND EQUIPMENT) FOR THE PURCHASE OF LAW ENFORCEMENT THERMAL IMAGING NIGHT VISION MONOCULARS AND BINOCULARS WITH STORAGE CASES P66 RANCHO CUCAMONGA RECOMMENDATION Accept grant revenue in the amount of $28,736 awarded by the California Governor's Office of Emergency Services and administered by the San Bernardino County Fire Department, Office of Emergency Services under the FY2015 Homeland Security Grant and authorize the appropriation of $28,736 into account 1381701-5290 (Specialized Tools and Equipment) for the purchase of law enforcement thermal imaging night vision monoculars and binoculars with storage cases. BACKGROUND The FY2015 Homeland Security Grant contained a non-competitive portion of funding designated for each Police Department/Contract Sherriff Station in the San Bernardino County Operational Area. These funds must be used to support activities that secure and protect the Homeland. Once approved by Council, these funds will be used to purchase thermal imaging night vision monoculars and binoculars that will be used for surveillance purposes in support of this mission. STAFF REPORT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Date: September 21, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mike Costello, Fire Chief 11A)-- By: /wBy: Breanna L. Medina, Emergency Management Coordinator Subject: CONSIDERATION TO APPROVE A RESOLUTION ADOPTING THE 2016 CITY OF RANCHO CUCAMONGA EMERGENCY OPERATIONS PLAN (EOP) RANCHO CUCAMONGA RECOMMENDATION Adopt the 2016 City of Rancho Cucamonga Emergency Operations Plan (EOP) to mitigate, prepare for, respond to, and recover from a natural or human -caused disaster. BACKGROUND In order to provide increased disaster resiliency for residents and businesses, safeguard our economic engine and maintain continuity of operations during times of emergency, the Fire District, on behalf of the City of Rancho Cucamonga, prepares, reviews and updates emergency plans on a regular basis. These regular updates maintain cohesion and compliance with local and national standards and provide the necessary guidelines to internal and external stakeholders on roles and responsibilities before, during and after an emergency; allowing the Emergency Operations Plan to also function as a living document during times of non -emergency. These plans also meet the requirements necessary to secure disaster cost recovery funding from the State of California through the California Disaster Assistance Act, as well as the Federal Emergency Management Agency when eligible. The 2016 City of Rancho Cucamonga Emergency Operations Plan (EOP) includes all updated elements of the Federal National Incident Management System as well as the State of California Standardized Emergency Management System. The newly updated plan also contains a revised Emergency Management organizational structure that incorporates the recent State of California Emergency Support Functions for use in the City's existing disaster mitigation, preparedness, response, and recovery planning. Adoption of the 2016 City of Rancho Cucamonga Emergency Operations Plan continues the City of Rancho Cucamonga's commitment to disaster resiliency and maintains full compliance with all current Federal and State requirements for disaster operations. In addition, adoption of the updated Emergency Operations Plan will maintain the City's eligibility for all applicable Federal and State grant and recovery funding. Attachment: Resolution 16-152 Rancho Cucamonga Emergency Operations Plan Part I -Basic Plan September 2016 P69 LETTER OF PROMULGATION TO: Officials, Employees and Citizens of Rancho Cucamonga The preservation of life and property is an inherent responsibility of local, state and federal government. The City has prepared this Emergency Operations Plan (EOP) to ensure the most effective and economical allocation of resources for the maximum benefit and protection of the civilian population in time of emergency. While no plan can prevent death and destruction, good plans carried out by knowledgeable and well trained personnel can and will minimize losses. This plan establishes the emergency organization, assigns tasks, specifies policies and general procedures, and provides for coordination of planning efforts of the various emergency staff and service elements utilizing the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). The objective of this plan is to incorporate and coordinate all the facilities and personnel of the City into an efficient organization capable of responding to any emergency. This Emergency Operations Plan is an extension of the California Emergency Plan. It will be reviewed and exercised periodically and revised as necessary to meet changing conditions. The City Council gives its full support to this plan and urges all officials, employees and citizens, individually and collectively, to do their share in the total emergency effort of the City. Concurrence of this promulgation letter constitutes the adoption of the Standardized Emergency Management System, the National Incident Management System and the Incident Command System by the City. This/EOP will become effective on adoption by the City Council. Mayor Dennis Michael City of Rancho Cucamonga P70 SIGNED CONCURRENCES BY PRIMARY RESPONSE DEPARTMENTS Having reviewed the foregoing City of Rancho Cucamonga Emergency Plan and approved same, I hereto set my signature. Administrative Services, Deputy City Manager Animal Care & Services Department, Animal Care & Services Director Building & Safety Department, Building & Safety Services Director City Manager's Office, City Manager Civic and Cultural Services, Deputy City Manager Community Services Department, Community Services Director Economic and Community Development, Deputy City Manager Engineering Services Department, Engineering Services Director Fire Department, Fire Chief Library Department, Library Director Planning Department, Planning Director Police Department, Police Chief Public Works Services Department, Public Works Services Director Records Management, City Clerk Services Director P71 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 1 Foreword 1. FOREWORD This Emergency Operations Plan addresses the City of Rancho Cucamonga's planned response to extraordinary emergency situations associated with natural and man-made disasters, technological incidents, and national security emergencies in both war and peacetime. The plan does not address normal day-to-day emergencies or the well-established and routine procedures used in coping with such emergencies. Instead, the operational concepts reflected in this plan focus on potential large-scale disasters, which can generate unique situations requiring unusual emergency responses. Such disasters pose major threats to life, the environment and property and can impact the well-being of large numbers of people. This plan integrates regulations pertaining to California's Standardized Emergency Management System (SEMS), while meeting the requirements of the concepts and principles established in federal National Incident Management System (NIMS) regulations. Homeland Security Presidential Directive 5 (HSPD 5) directs the United States Department of Homeland Security (USDHS) to lead a coordinated national effort with other federal departments and agencies and State, Local and Tribal governments to establish a National Response Plan (NRP) and the National Incident Management System. The City of Rancho Cucamonga created the Emergency Operations Plan founded in the ICS principles and concepts within the Standardized Emergency Management System (SEMS). The SEMS and the NIMS are compatible plans, and the City of Rancho Cucamonga recognizes these policies and utilizes the SEMS/NIMS as a basis for the Incident Command System (ICS) structure. The SEMS/NIMS create a standard incident management system that is scalable and modular, and can be used in incidents of any size/complexity. These functional areas include command, operations, planning, logistics and finance/administration. The SEMS/NIMS incorporate such principles as Unified Command (UC) and Area Command (AC), ensuring further coordination for incidents involving multiple jurisdictions or agencies at any level of government. Homeland Security Presidential Directive 8 (HSPD 8) is a companion policy to HSPD 5, and will provide guidance and standards, through the NIMS Integration Center (NIC), for preparedness activities, to include training, exercising, employee certification, credentialing and National Resource Typing Protocols. This plan is a preparedness document designed to be read, understood, and exercised prior to an emergency. It provides the planning bases for hazard identification, hazard mitigation, disaster preparedness, emergency response, and recovery efforts. The Plan creates a uniform structure for emergency management. Itis designed to include the City of Rancho Cucamonga as part of the California Standardized Emergency Management System (SEMS). However, it is written primarily for (1) City Management Staff, (2) City Employees, (3) Federal, State and County Governments, (4) Special Districts who serve City of Rancho Cucamonga residents, and (5) Private and volunteer organizations involved in emergencies. City departments identified in this plan will develop and maintain current Standard Operating Procedures (Department SOPs), which will detail how their assigned responsibilities will be performed to support implementation of the Emergency Operations Plan. 4 P72 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan EMERGENCY MANAGEMENT GOALS • Provide effective life safety measures and reduce property loss. • Provide for the rapid resumption of business and community services. • Provide accurate documentation and records required for cost recovery efforts. ORGANIZATION OF THE EMERGENCY OPERATIONS PLAN Section 1 Foreword • Basic Plan. The Basic Plan contains information on the overall organizational and operational concepts relative to response and recovery, as well as an overview of potential hazards. The intended audience of the Basic Plan is the City's decision makers and managers. • EOC Manual (separate document). The EOC Manual contains descriptions of the emergency response organization and emergency action checklists. The intended audience of the EOC Manual is the EOC staff. The EOC Manual —Appendix contains the reference materials identified in the EOC Manual. HAZARDOUS MATERIALS The San Bernardino County Fire Department is designated as the Administering Agency for hazardous materials for the City of Rancho Cucamonga as required by Chapter 6.95 of the Health and Safety Code. This Emergency Operations Plan complies with and relies on the City's hazardous materials response plan as required by the Environmental Protection Agency's NRT1-A. APPROVAL AND PROMULGATION This plan will be reviewed by all departments/agencies assigned a primary function in the Emergency Responsibilities Matrix (EOC Manual - Management Section). Upon completion of review and written concurrence by these departments/agencies, the plan will be submitted to the City Council for approval. Upon concurrence by the City Council, the plan will be officially adopted and promulgated. 5 P73 I RANCHO UUCAMONGA Rancho Cucamonga Section 2 Emergency Operations Plan Table of Contents 2. TABLE OF CONTENTS 1. FOREWORD 4 2. TABLE OF CO NTE NTS 6 3. Introduction 9 3.1 PURPOSE 9 3.2 SCOPE 9 3.3 PLAN O RGANIZATION 10 3.4 RE LATI ONSHI P TO OTHER PLANS 10 4. SITUATION AND ASSUMPTIONS 13 4.1 COMMUNITY PROFILE 13 4.2 HAZARD AND TH REAT ANALYSIS SUMMARY 14 4.2 CAPABILITY ASSESSMENT 18 4.3 PLANNING ASSUM PTIONS 18 5. EMERGENCY MANAGEMENT ORGANIZATION 20 5.1 ORGANIZATION, ROLES AND RESPONSIBILITIES 20 5.2 STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS) BASED EMERGE NCYORGANIZATION 25 5.2.1 RESPO NSE LEVELS 25 5.2.2SEMS FUNCTIONS 27 5.3 EMERGENCY FUNCTIONS 29 6. CONCEPT OF OPERATIONS 33 6.1 EMERGENCY PHASES 33 6.2 EMERGENCY DECLARATIONS 37 6.3 NOTIFICATION AND MOBILIZATION 38 6.4 INCIDENT COMMAND SYSTEM (ICS) 39 7. EMERGENCY O PERATI O NS CENTER (EOC) 41 7.1 EMERGENCY OPERATIONS CENTER ORGANIZATION 41 7.2 SPECIAL DISTRICTS, PRIVATE AND NON-PROFIT AGENCIES 44 7.3 PRIMARY AND ALTERNATE EOC 44 7.4 ACTIVATION/DEACTIVATION OF EOC 44 7.5 FIELD/EOC COMM UNI CATIONS AND COORDINATION 45 7.6 FIELD/EOC DIRECTION AND CONTROL INTERFACE 47 P74 I RANCHO CUCAMONGA Rancho Cucamonga Section 2 Emergency Operations Plan Table of Contents 7.7 FIELD COORDINATION WITH DEPARTMENT OPE RATIONS CE NTE RS (DO CS) A ND EOCS 47 8. MUTUAL AID 48 9. INFORMATION COLLECTION, ANALYSIS, AND DISSEMINATION 53 9.1 TECHNO LOGY 53 10. PUBLIC INFORMATION 54 10.1 COMM UNITY OUTREACH 54 10.2 ALERTING AND WARNING SYSTEMS 54 10.3 EMERGENCY CONDITIONS AND WARNING ACTIONS 59 11. FUNCTIONAL NEEDS 61 12. CONTINUITY OF GOVERNMENT 62 12.1 ALTERNATE GOVERNMENT FACILITIES 62 12.2 VITAL RECO RD RETENTION 63 13. RECOVERY OVERVIEW 64 13.1 RECOVERY ORGANIZATION 64 13.2 Recovery Damage Assessment 65 13.3 RECOVERY DOCUMENTATION 66 13.4 RECOVERY AFTE R -ACTION REPO RTS 66 13.5 RECOVERY DISASTER ASSISTANCE 67 14. ADM I NISTRATI O N AND LOGISTICS 71 14.1 ADMINISTRATION 71 14. 2 LOGISTICS 72 15. EMERGENCY PLANMAINTENANCEAND DISTRIBUTION 73 15.1 PLAN MAINTENANCE 73 15.2 RECORD OF CHANGES 73 15.3 RECO RD OF DISTRIBUTION 74 16. STANDARD OPERATING PROCEDURES (SOP) DEVELO PM ENT 76 17. TRAINING AND EXERCISES 77 APPE NDICES 78 APPE NDIX 1 A UTHO RITIES AND REFERENCES 79 APPE NDIX 2 GLOSSARY OF TERMS 81 APPENDIX 3AFTERACTION REPORTSURVEY TEMPLATE 92 APPE NDIX 4 STANDARDIZED EMERGENCY MANAGEMENT SYSTEM EOC POSITION CHECKLISTS 99 7 1 RANCHO CUCAMONGA Rancho Cucamonga Section 2 Emergency Operations Plan Table of Contents APPE NDIX 5 SU PPO RTI NG DOCUMENTATIO N 8 159 P75 P76 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan 3. Introduction Section3 Introduction 3.1 PURPOSE The City of Rancho Cucamonga EOP provides a comprehensive, single source of guidance and procedures for the City to prepare for and respond to extraordinary emergency situations associated with natural disasters or human - caused emergencies that produce situations requiring coordinated response. It provides guidance regarding management concepts relating to response and abatement of various emergency situations, identifies organizational structures and relationships, and describes responsibilities and functions necessary to protect life and property. The EOP is consistent with the requirements of the Standardized Emergency Management System (SEMS) as defined in Government Code Section 8607(a) and the National Incident Management System (NIMS) as defined by Presidential Executive Orders for managing response to multiagency and multi -jurisdictional emergencies. This plan is flexible enough to adapt to a broad spectrum of disasters and emergencies and will facilitate response and short-term recovery activities with the support of the following: • Adequate personnel, equipment, and expertise from response agencies/organizations. • Well -coordinated response activities with interoperable communications. • Continuous training and exercises. • Awareness of local resources available through City departments and by prearranged agreements before looking to assistance from the San Bernardino County Operational Area. • Reviewing and testing of this plan on a regular basis. In accordance with the City of Rancho Cucamonga Municipal Code and the California Emergency Services Act (ESA), this plan is in effect at all times and applies to all functions of the City. 3.2 SCOPE This Plan provides guidance on response to the City's most likely and demanding emergency conditions. It is not intended to be used for normal day-to-day emergencies (involving law enforcement, fire services, or other discipline - specific emergency response systems) or the established routine procedures used to cope with such incidents. Rather, the Plan places emphasis on those unusual and unique emergency conditions that will require extraordinary response beyond the ability of any one or set of organizations to respond. Neither does this Plan include detailed response level operating instructions. City departments are responsible for the development, preparation, implementation and maintenance of Standard Operating Procedures (SOPs) or checklists that reflect understanding of the emergency management concepts contained herein. Coordinated response and support roles must be defined to facilitate the ability to respond to any given incident. This plan meets the requirements of NIMS for the purposes of emergency management and is part of a larger planning framework that supports emergency management within the City. The Emergency Operations Plan (EOP) has been designed to serve the growing needs of the City of Rancho Cucamonga. As the population continues to increase and with it, vulnerability to hazards, it's important that the EOP be flexible enough to use in all emergencies. This plan not only meets that need but will increase the effectiveness and efficiency of the community's response and short-term recovery activities. P77 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 3 Introduction 3.3 PLAN ORGANIZATION There are five parts to this Emergency Plan: The Basic Plan, Emergency Function Annexes, Support Annexes, Hazard - specific Annexes and Appendices. Basic Plan: The basic plan describes the fundamental systems, strategies, policies, assumptions, responsibilities and operational priorities that California will utilize to guide and support emergency management efforts. Essential elements of the basic plan include: • A description of the emergency services that are provided by governmental agencies and how resources are mobilized, • An outline of the methods for carrying out emergency operations and the process for rendering mutual aid, • An overview of the system for providing public information and • Emphasis on the need for continuity planning to ensure uninterrupted government operations. These elements culminate with a comprehensive emergency management concept of operations that outlines the relationships and responsibilities for state government and its political subdivisions. Emergency Function Annexes: This plan implements Emergency Function working groups, which will develop functional annexes that follow an established format to describe discipline -specific goals, objectives, operational concepts, capabilities, organizational structures and related policies and procedures. The functional annexes will be developed separately from the basic plan and will make reference to existing agency and department plans and procedures. Supporting plans and documents should be listed in an attachment to each functional annex. Support Annexes: The support annexes describe the framework through which City of Rancho Cucamonga departments and agencies, the private sector, not-for-profit and voluntary organizations, and other nongovernmental organizations coordinate and execute the common emergency management strategies. The actions described in the support annexes apply to nearly every type of emergency. Hazard Specific Annexes -The hazard-, threat-, or incident -specific annexes describe the policies, situation, concept of operations, and responsibilities for particular hazards, threats, or incidents. These Annexes will be shared internally and externally as appropriate. Appendices: Subsequent plans and procedures that are developed in support of the Emergency Plan, such as mutual aid plans, hazard -specific plans, catastrophic plans and related procedures will be incorporated by reference and maintained separate from the basic plan. 3.4 RELATIONSHIP TO OTHER PLANS Emergency Operations Plan (EOP) The intent of the City of Rancho Cucamonga's EOP is to provide the concept of operations and strategic activities for responding to any type of emergency incident impacting the City. Other individual communities may maintain simila r plans or procedures for implementation in response to localized incidents or initial activities prior to escalation to San Bernardino County. If the County EOP is activated during an incident or countywide emergency, the City of Rancho Cucamonga will adopt command and control structures and procedures representative of County response operations in accordance with the requirements of SEMS and NIMS. A number of agency- and organization -specific plans and organizational 10 P78 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 3 Introduction procedures support the City EOP and annexes. These plans and procedures are interrelated and have a direct influence on the City's preparation prior to a major emergency or disaster, its activities in response to such an emergency or disaster, and its ability to successfully recover from such incidents or events. These plans also provide local, county, regional, and state agencies and entities with a consolidated framework for coordinating activities and resources, thus promoting efficient use of resources during all phases of emergency management. Local Hazard Mitigation Plan (HMP) The City of Rancho Cucamonga updated their Local Hazard Mitigation Plan in 2013. The HMP includes resources and information to assist City residents, public and private sector organizations, and others interested in participating in planning for natural hazards. The HMP identifies hazards, assesses the losses associated with the hazards, and investigates the vulnerability of the community towards different hazards. The plan also identifies alternatives for the future of the community to better prepare, minimize loss, and educate the public of the hazards identified. General Plan All cities and counties in California are required to adopt a General Plan that lays out major policy goals. The General Plan elements include the Safety Element, which focuses on reducing risks posed by natural and technological hazards and other human caused emergency events, and other elements relevant to mitigation, including the Land Use, Open Space, Conservation, Housing, Transportation, and Noise elements. Master Plan of Drainage The City of Rancho Cucamonga updated the Master Plan of Drainage (MPD) in 2008. The approved study allows staff to use the information as a new basis for design of all future drainage improvement projects within the City. The possibility of reducing drainage flows downstream by adding detention basin facilities upstream will result in cost savings for future drainage improvement projects while enhancing water quality, groundwater recharge, aesthetics, and reducing environmental impacts throughout the system. The results of the MPD update indicate that it will result in a substantive reduction in peak flow rates during a 100 -year design storm. Capital Improvement Program (CIP) The CIP outlines the annual appropriations in the City's budget for capital improvement projects such as street or park improvements, building construction, and various kinds of major facility maintenance. Capital improvement projects are supported by expenditure plans, which detail funding sources and expenditure amounts. They are often multi-year projects, which require funding beyond the one-year period of the annual budget. Mutual Aid Agreements Inter -jurisdictional arrangements to assure public safety, protection and other assistance services today generally are in the form of "mutual aid" agreements. Mutual aid and other agreements provide for voluntary cooperative efforts and for provision or receipt of services and aid to or from other agencies or jurisdictions when loca I capabilities are exceeded by an emergency event. Through mutual aid agreements, individual City agencies coordinate emergency response planning with adjacent cities, the County of San Bernardino, the State, federa I agencies, and other public and private organizations such as the School District, Cucamonga Valley Water District, and the American Red Cross. The California Office of Emergency Services (CaIOES) is designated by law to provide coordination and State resources to regions or local areas that are declared disaster areas by the Governor. 11 P79 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 3 Introduction Comprehensive Economic Development Strategies (CEDS) The City of Rancho Cucamonga has developed a Comprehensive Economic Development Strategic Plan that bring s together the public and private sectors in the creation of an economic roadmap to diversify and strengthen regional economics. Future adoption of this strategy will help to insure economic preservation of the community, and can be used as a social and financial component of successful hazard mitigation programs and projects. 12 P80 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan 4. SITUATION AND ASSUMPTIONS Section4 Situation & Assumptions 4.1 COMMUNITY PROFILE The City of Rancho Cucamonga is at an elevation of 1,200 feet and is a part of the County of San Bernardino. The City of Rancho Cucamonga encompasses a total planning area of approximately 50 square miles. Thirty-nine square miles encompass the incorporated area, augmented by an 11 square mile Sphere of Influence that generally extends from the City's northern border up to the San Bernardino National Forest. Elevations in the City range from a high of 2,600 feet to a low of 1,020 feet. The terrain of the city is a combination of hilly and flat areas. Temperatures in the City of Rancho Cucamonga range from 502F in the winter months to 952F in the summer months. It is important to note that temperatures can vary over a wide range, particularly when the Santa Ana winds blow, bringing higher temperatures and very low humidity. Temperatures can exceed 1002F in the summer months (June —September), and drop below 402F in the winter months (November- March). Rainfall in the City averages four inches of rain per year. However the term "average rainfall" is misleading because over the recorded history of rainfall in the City of Rancho Cucamonga rainfall amounts have ranged from almost no rain at all in some years to 26 inches in very wet years. Actual rainfall in Southern California tends to fall in large amounts during sporadic and often heavy storms rather than consistently over storms at somewhat regular intervals. Because the metropolitan basin is largely built out, water originating in higher elevation communities can have a sudden impact on adjoining communities that have a lower elevation. Four local canyons situated in the foothills of the San Gabriel Mountains north of the City supply water through runoff (surface and subsurface flows) to the Cucamonga Valley Water District (CVWD). The District has acquired surface and subsurface water rights in Cucamonga, Deer, Day and East Etiwanda watershed areas. Water supply from these four sources fluctuates annually based on wet weather conditions. Two smaller watershed areas, Demens and Hermosa, are located just south of Cucamonga and Deer Canyon. The small amount of water generated by these two watersheds, however, is not included in CVWD's analysis of developable water. Cucamonga Canyon drains into the Cucamonga Creek, which traverses the northwest corner of the City. The CVWD has surface water rights to runoff in Cucamonga Creek equivalent to a daily flow rate of approximately 3.2 million gallons per day. The City of Rancho Cucamonga was incorporated in November 1977 and is the melding of three distinct communities: Alta Loma, Cucamonga and Etiwanda. These three communities have provided a colorful sense of history and pride lending to the area's appeal. At the time of incorporation, the population within the three communities was estimated to be 42,000. Today, it is growing beyond 170,000. Major growth continues as people recognize the beauty of the area, its open space, availability of land and housing at moderate cost, and its accessibility to transportation. Rancho Cucamonga was once the home of the Serrano Indians who referred to the Cucamonga area as the "sandy place". The roadway for Indians, padres, explorers, stagecoaches, and Mormon wagons, this area was settled first in 1839 by Don Tiburcio Tapia, who received 13,000 acres in a land grant from Mexico. Tapia named his large cattle ranch Cucamonga Rancho. After his untimely death, the ranch passed to his heirs and was purchased in 1858 by John and Merced Rains. P81 RANCHO UUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 4 Situation & Assumptions The City of Rancho Cucamonga has a daytime population of 187,567 people and a nighttime population of 171,904. The median age of residents is 34.6 years with a median household income of $76,640. The average household income of residents is $88,474, with approximately 35.8% of households making over $100,000 dollars. There are approximately 72,600 people employed in the City and 38,885 students enrolled in K-12 schools. The city has a high level of high school graduates at 90.3% and its assessed valuation is $19.5 billion dollars with taxable sales consistently totaling over $2.17 billion dollars. Rancho Cucamonga is located in one of the most sought after industrial real estate markets in the United States: the Inland Empire's 1-15 corridor. A steady flow of manufacturing, distribution, and high technology firms are being drawn to this area to take advantage of Southern California's best combination of land availability and transportation infrastructure, plus labor and space costs. The area's competitiveness is being enhanced by the increasing number of skilled technicians, professionals and executives migrating to the upscale but reasonably priced executive neighborhoods. In addition, these firms retain ready access to Southern California's coastal counties and the huge internal Inland Empire market via the 1-15 and 1-210 freeways that pass through Rancho Cucamonga. The city's firms can also save time to the eastern and southern United States as the 1-15 and 1-210 pass through the city on their way to nearby Cajon and Banning Passes, the two main routes carrying goods between the Southland and the rest of the country. Rancho Cucamonga has the fourth largest office market in the Inland Empire. Recent years have seen an accelerated demand for space in the inland region and Rancho Cucamonga. This has come about in part because the region's economy is getting quite large, with 1.1 million jobs and a population of 3.5 million. In addition, back office operations for firms engaged in financial services find that the area's lower space and labor costs are to their advantage. Meanwhile, the sudden acceleration in the number of high-end workers living in cities like Rancho Cucamonga has created a skilled labor pool that is starting to attract professional, corporate office and technology operations. 4.2 HAZARD AND THREAT ANALYSIS SUMMARY The City is exposed to many hazards, all of which have the potential to disrupt the community, causing damage, and creating casualties. Possible natural hazards include fire, flood, wind and earthquake. The threat of a war -related incident such as a nuclear, biochemical, or conventional attack is present as well. Other man-made disaster situations could develop from hazardous material (HazMat) accidents, public health-related incidents, major transportation accidents, or acts of terrorism. The organizations described or noted in this Plan will be aware of significa nt emergency conditions as they arise. These conditions will trigger a response consistent with the respective responsibilities and roles defined either by this Plan, or other legal and policy frameworks. The responding organizations will be constrained in their response by the level of training, readiness activities, and interagency coordination undertaken prior to the event. The 2013 Local Hazard Mitigation Plan includes a detailed assessment of the natural hazards impacting the community. The four hazards identified as posing the greatest threat to the City of Rancho Cucamonga were: earthquakes, flooding, wild land urban interface fires, and windstorms. During the next update to the Local Hazard Mitigation Plan, the City intends to expand the range of hazards to include technological and human -caused. Meanwhile, the following summary was prepared to provide insight to decision makers and emergency responders concerning the identification and severity of hazards impacting the community. 14 P82 RANCHO UUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 4 Situation & Assumptions A risk assessment involves measuring the potential loss from a hazard event by assessing the vulnerability of buildings, infrastructure and people. It identifies the characteristics and potential consequences of hazards, how much of the community could be affected by a hazard, and the impact on community assets. A risk assessment consists of three components: hazard identification, vulnerability analysis and risk analysis. Technically, these are three different items, but the terms are sometimes used interchangeably. The Calculated Priority Risk Index (CPRI) is a ranking system commonly used to compare the impact of various hazards. The CPRI value is obtained by assigning varying degrees of risk to four categories for each hazard, and then calculating an index value based on a weighted scheme. The four criteria in the CPRI are Probability, Magnitude/Severity, Warning Time, and Duration. The CPRI is calculated with the following weightings for each of the criteria: • Probability 45% (.45) • Magnitude/Severity 30% (.30) • Warning Time 15% (.15) • Duration 10% (.10) For each of the criteria, there are four (4) options from which to choose: 1,2,3,4. Zero (0) is the value taken when an option is not assigned. • Probability: unlikely (1), possible (2), likely (3), highly likely (4) • Magnitude/Severity: negligible (1), limited (2), critical (3), catastrophic (4) • Warning Time: >24 hours (1), 12-24 hours (2), 6-12 hours (3), <6 hours (4) • Duration: <6 hours (1), <24 hours (2), < 1 week (3), >lweek (4) The following table represents the Critical Priority Risk Index for each hazard facing the community of Rancho Cucamonga. Hazard Probability Magnitude/ Warning Time Duration Priority Severity Risk Index Earthquake Possible Critical <6 Hours Not Specified 2.4 Flooding Highly Likely Critical <6 Hours Not Specified 3.3 Wildfires Highly Likely Critical <6 Hours Not Specified 3.3 High Highly Likely Limited 12-24 Hours Not Specified 2.7 Winds/Straight Line Winds Hazardous Likely Limited <6 Hours Not Specified 2.55 Materials 15 RANCHO UUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 4 Situation & Assumptions Major Possible Limited <6 Hours Not Specified 2.1 Transportation Accident (includes trucking, Metro, airline, train) National Unlikely Critical <6 Hours Not Specified 1.95 Security Emergency Terrorism Possible Critical <6 Hours Not Specified 2.4 Civil Unrest Unlikely Limited <6 Hours Not Specified 1.65 Earthquake Scoring Probability: 2 (Possible) Magnitude/Severity: 3 (Critical) Warning Time: 4 (<6 Hours) Duration: - Not Specified The CPRI for the Earthquake hazard for Rancho Cucamonga is: Probability + Magnitude/Severity + Warning Time + Duration =CPRI 2 x .45 + 3 x .30 + 4 x .15 + 0 x .10 = 2.4 Flooding Scoring Probability: 4 (Highly Likely) Magnitude/Severity: 3 (Critical) Warning Time: 4 (<6 Hours) Duration: - Not Specified The CPRI for the Flooding hazard for Rancho Cucamonga is: Probability + Magnitude/Severity + Warning Time + Duration =CPRI 4x.45+3x.30+4x.15+0x.10=3.3 Windstorm Scoring Probability: 4 (Highly Likely) Magnitude/Severity: 2 (Limited) Warning Time: 2 (12-24 Hours) Duration: - Not Specified The CPRI for the High Winds/Straight Line Winds hazard for Rancho Cucamonga is: Probability + Magnitude/Severity + Warning Time + Duration = CPRI 4 x .45 + 2 x .30 + 2 x .15 + 0 x .10 = 2.7 16 P83 P84 I RANCHO UUCAMONGA Rancho Cucamonga Emergency Operations Plan Wildfire Scoring Probability: 4 (Highly Likely) Magnitude/Severity: 3 (Critical) Warning Time: 4 (<6 Hours) Duration: - Not Specified Section 4 Situation & Assumptions The CPRI for the Wildfire hazard for Rancho Cucamonga is: Probability + Magnitude/Severity + Warning Time + Duration = CPRI 4 x .45 + 3 x .30 + 4 x .15 + 0 x .10 = 3.3 Hazardous Materials Probability: 3 (Likely) Magnitude/Severity: 2 (Limited) Warning Time: 4 (<6 Hours) Duration: - Not Specified The CPRI for the Hazardous Materials hazard for Rancho Cucamonga is: Probability + Magnitude/Severity + Warning Time + Duration = CPRI 3 x .45 + 2 x .30 + 4 x .15 + 0 x .10 = 2.55 Transportation Accident Probability: 2 (Possible) Magnitude/Severity: 2 (Limited) Warning Time: 4 (<6 Hours) Duration: - Not Specified The CPRI for the Transportation Accident hazard for Rancho Cucamonga is: Probability + Magnitude/Severity + Warning Time + Duration = CPRI 2x.45+2x.30+4x.15+0x.10=2.1 National Security Emergency Probability: 1 (Unlikely) Magnitude/Severity: 3 (Critical) Warning Time: 4 (<6 Hours) Duration: - Not Specified The CPRI for the National Security Emergency hazard for Rancho Cucamonga is: Probability + Magnitude/Severity + Warning Time + Duration = CPRI 1 x .45 + 3 x .30 +4 x .15 + 0 x .10 = 1.95 17 P85 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Terrorism Probability: 2 (Possible) Magnitude/Severity: 3 (Critical) Warning Time: 4 (<6 Hours) Duration: - Not Specified Section 4 Situation & Assumptions The CPRI for the Terrorism hazard for Rancho Cucamonga is: Probability + Magnitude/Severity + Warning Time + Duration = CPRI 2x .45+ 3x .30+ 4x .15+ 0 x .10= 2.4 Civil Unrest Probability: 1 (Unlikely) Magnitude/Severity: 2 (Limited) Warning Time: 4 (<6 Hours) Duration: - Not Specified The CPRI for the Civil Unrest hazard for Rancho Cucamonga is: Probability + Magnitude/Severity + Warning Time + Duration =CPRI 1 x .45 + 2 x .30 + 4 x .15 + 0 x .10 = 1.65 4.2 CAPABILITY ASSESSMENT The citizens of Rancho Cucamonga will be expected to provide for their immediate needs to the extent possible for at least 120 hours following a catastrophic event, or for at least 72 hours following a location -specific event. This may include public as well as private resources in the form of lifeline services. A catastrophic earthquake would adversely impact local, County, and state government response capabilities. Consequently, a number of local emergencies will be declared. Communications, electrical power, water and natural gas lines, sewer lines and fuel stations will be seriously impaired during the first 24 hours following a major earthquake and may not be fully restored for 30 days or more. Transportation corridors will be affected so only equipment, foodstuffs, supplies, and materials on hand will be available for use during the first 72 hours of emergency operations. It is possible only emergency response personnel on duty at the time of a significant earthquake will be available during the first 6 hours. Mission capability may be available within 24 hours. In the event of a catastrophic earthquake, a clear picture regarding the extent of damage, loss of life, and injuries may not be known for at least 36 hours. 4.3 PLANNING ASSUMPTIONS ASSUMPTIONS • The City of Rancho Cucamonga is primarily responsible for emergency actions and will commit all available resources to save lives, minimize injury to persons and minimize damage to property. • The City will respond to emergencies within the existing Emergency Management Organization in the State of California • The City of Rancho Cucamonga will utilize SEMS/NIMS/ICS in emergency response operations. • The City will use the Incident Command System (ICS) and the Multi -Agency Coordination System (MACS) at all incidents and events. 18 P86 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 4 Situation & Assumptions • The Director of Emergency Services will coordinate the City's disaster response in conformance with Emergency Services Ordinance No.104. • The City of Rancho Cucamonga will participate in the San Bernardino County Operational Area. • The resources of the City of Rancho Cucamonga will be made available to local agencies and citizens to cope with disasters affecting this area. • The City will commit its resources to a reasonable degree before requesting mutual aid assistance. • Mutual Aid assistance will be requested when disaster relief requirements exceed the City's ability to meet them. • Due to limited staff and resources, a major emergency or disaster may overwhelm the capabilities of Rancho Cucamonga to provide prompt and effective emergency response and recovery. • Mutual aid will be requested when disaster relief requirements exceed the City's ability to meet them. • Transportation infrastructure may be damaged or disrupted. Emergency responders may have difficulty reaching people and evacuation routes may cause traffic backups slowing egress from damaged areas. The movement of emergency supplies may be impeded. • Communication infrastructure may be damaged or disrupted, thus slowing dissemination of information and reporting of persons needing help. • Homes, businesses, public buildings, antenna sites, and other critical facilities may be damaged or destroyed. Public utilities may be damaged and either completely or partially inoperable. • Emergency medical services and transport ambulances may be in short supply. Medical and health care facilities that do remain open may be overwhelmed with medical care requests. Additionally, medicines may be in short supply. • Damage to facilities that use hazardous or toxic chemicals could result in the release of these hazardous materials into the environment. • Businesses may not be able to supply the public with basic necessities such as Additionally, businesses may have difficulty remaining open. • Volunteers may come from other areas to help, causing problems with accounta are not presently needed may be dropped off at various locations. • Effective emergency operations require periodic training and exercises. • Emergency personnel and disaster service workers will utilize the Incident food, water, blankets, etc. bility. Donated goods that Command System (ICS), Standardized Emergency Management System (SEMS) and the National Incident Management System (NI MS). • City communication and work centers may be destroyed or rendered inoperable during a disaster. Normal operations can be disrupted during a general emergency; however, the City can still operate effectively if public officials, first responders, employees, volunteers, and residents are: o Familiar with established policies and procedures; o Assigned pre -designated tasks; o Provided with assembly instructions; and o Formally trained in their duties, roles, and responsibilities required during emergency operations. • The City's planning strategies will make every effort to consider the needs of the general population, children of all ages, individuals with disabilities and others with access and functional needs, immigrants, individuals with limited English proficiency, and diverse racial and ethnic populations. 19 P87 RANCHO CUCAMONGA Rancho Cucamonga Section 5 Emergency Operations Plan Emergency Management Organization 5. EMERGENCY MANAGEMENT ORGANIZATION 5.1 ORGANIZATION, ROLES AND RESPONSIBILITIES All participating agencies and response organizations will have various roles and responsibilities throughout an emergency. Therefore, it is critical that the local command structure be established to support response and recovery efforts and maintain a significant amount of flexibility to expand and/or contract as the situation evolves. Typical duties may also change depending on the severity and size of the incident(s) and the availability of local resources. Because of this, it is also important to develop and maintain depth within the command structure and response organizations. The City of Rancho Cucamonga conducts all emergency management functions in accordance with SEMS and NIMS. During an emergency, the City has the responsibility to manage and coordinate the overall emergency response and recovery activities. The Emergency Management Coordinator, along with each Department, is responsible for ensuring critical staff are identified and trained ata level enabling effective execution of existing response policies, plans, and procedures. Most City Departments have emergency functions in addition to their normal daily duties. Each Department is responsible for developing and maintaining its own Emergency Standard Operating Procedures (SOPs). Emergency Management Organization The City of Rancho Cucamonga's Emergency Management Organization (including emergency response and recovery) will be directed by the City Manager, who serves as the Director of Emergency Services/EOC Director. The Director of Emergency Services is responsible to the City Council (Disaster Council). The Director of Emergency Services has the overall responsibility for implementation of the Emergency Operations Plan (EOP). The Director of Emergency Services/EOC Director is supported by the Emergency Management Organization and has overall responsibility for: • Coordinating emergency response with all departments and agencies involved with the event • Organizing, staffing, and operating the Emergency Operations Center (EOC). • Operating communications and warning systems. • Providing information and guidance to the public. • Maintaining information on the status of resources, services, and operations. • Directing overall operations. • Advising and maintaining contact throughout the event with the San Bernardino County Operational Area (San Bernardino County Fire, Office of Emergency Services) • Obtaining support for the City of Rancho Cucamonga and providing support to other jurisdictions as required. • Identifying and analyzing potential hazards and recommending appropriate countermeasures. • Collecting, evaluating, and disseminating damage assessment and other essential information. • Providing status and other reports to the San Bernardino County Operational Area via the Emergency Management Coordinator. P88 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Emergency Management Organization Section 5 City Council Responsibilities include: • Function as the lead for the City of Rancho Cucamonga Disaster Council • Communicate with other Elected Officials • Consult with and assist in making important decisions with the Director of Emergency Services that might affect overall policy direction • Assist with the dissemination of public information • Proclaim the existence of a local emergency City Department Roles Administrative Services (Finance) Responsibilities include: • Financial support, response, and recovery for the emergency/disaster • Support the response effort and the acquisition, transportation and mobilization of resources • Oversee the procurement and allocation of supplies and materials not normally provided through mutua I aid channels • Ensure the payroll, accounts payables, and revenue collection process continues • Collection, sorting, tracking, and distribution of donations • Respond to the Emergency Operations Center as necessary Administrative Services (Information and Technology Systems) Responsibilities include: • Install, activate, and maintain information systems for the EOC • Oversee internal information management and coordination of WebEOC • Repair computer and technology -related equipment and services, as necessary, throughout City facilities. • Oversee Event Tracking • Provide information systems support as needed. • Respond to the Emergency Operations Center as necessary Administrative Services (Human Resources/Risk) Responsibilities include: • Maintain current addresses and telephone numbers of all City employees • Coordinate with the American Red Cross (ARC) and Community Services personnel to arrange for and conduct feeding and sheltering for DSWs and their families • Assist with the Employee Message Center where employees or their families may call in or receive status reports • Handle questions and problem solve in the areas of health benefits • Collect paperwork on damaged City facilities • Process claims for injuries to emergency responders including Disaster Service Workers (DSW's) • Act as liaison with contracted third party administrator for workers compensation and risk liability • Respond to the Emergency Operations Center as necessary 21 P89 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Emergency Management Organization Section 5 Building and Safety Responsibilities include: • Inspect and post as necessary all damaged buildings, both public and private, and determine status • Estimate the extent of damage / cost of repair of structures • Assist in the Preliminary Damage Assessment (PDA) with local, state, and federal organizations to determine losses and recovery needs • Coordinate the City damage assessment assignments for City facilities, possible shelter sites, and structures throughout the community • Assist with the review and permit process of the repair or replacement of damaged structures, both public and private • Operate and staff a Department Operations Center when appropriate for damage assessment City Clerk Responsibilities include: • Provide for a secure and safe place for all vital records of the City • Must be present at City Council meetings and is responsible for recording the meeting minutes • Assist with the Local Emergency Proclamation and Resolution process Community Services Responsibilities include: • Lead role for Shelter Operations in being first responders in the opening and operation of the shelter(s) • Liaison/plan with internal and external partners for shelter operations as appropriate • Operate and staff a Department Operations Center when appropriate for shelter operations Emergency Management/Fire Responsibilities include: • Serve as the Emergency Management Coordinator • Support all activities in the Emergency Operations Center (EOC). • Serve as the City's Liaison to the San Bernardino County Office of Emergency Services, CaIOES, and FEMA • Coordinate radio communications (amateur, hand-held, short wave, etc.) • Coordinate all Disaster Volunteers; including: o Auxiliary Communications Service (ACS) o Community Emergency Response Team (CERT) o Large Animal Response Team (LART) • Respond to all types of fires, including structure, vegetation, and those involving vehicles or aircraft • Assist with medical aids from injuries or medical conditions • Respond to all types of hazardous materials spills, exposures, and releases • Assist with rescues such as swift water, steep terrain, vehicle collisions, confined spaces, and structural collapses • Delivery of Mutual Aid • Operate and staff a Department Operations Center for fire operations as appropriate 22 P90 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Emergency Management Organization Section 5 Engineering Responsibilities include: • Conduct a damage assessment of City signal system • Assist in determining safe evacuation routes • Assist with inspections and/or liaison with utility companies • Assist with damage surveys within the City • Arranging for the acquisition or use of required transportation resources • Provide staff to Department Operations Centers and the Emergency Operations Center as appropriate Police Services Responsibilities include: • Protect lives, property, and the environment • Access and perimeter control • Evacuation of threatened populations to safe areas • Dissemination of accurate and timely emergency public information and warning to the public • Identify the need and request mutual aid pertaining to police services Public Works Responsibilities include: • Provide assistance with barricades, sandbags, road closures, debris removal, emergency road repair, traffic control, and damage surveys and assessments of roadways and facilities • Eliminate an immediate threat to lives or public health and safety • Take protective measures to minimize damage to private and public facilities • Demolition and removal of public and private buildings and structures that pose an immediate threat to the safety of the general public • Tracking through documentation of all emergency activities • Provide technical assistance and/or equipment within their capability for the City and other jurisdictions as applicable • Operate and staff a Department Operations Center for public works operations as appropriate County Government/Operational Area The California Emergency Services Act designates each county as an Operational Area (OA) to coordinate emergency activities and resources of its political subdivisions. The governing bodies of political subdivisions within each county coordinate to establish the lead agency for the OA. The OA lead agency serves as a coordinating link between the local government level and the region level of state government. OA responsibilities involve coordinating with the jurisdictions and organizations to deploy field -level emergency response personnel, activate emergency operations centers, and issue orders to protect the public. State Government During a state of war emergency, a state of emergency, or a local emergency, the CaIOES Secretary coordinates the emergency activities of all state agencies in connection with such emergency and has the authority to use any state government resource to fulfill mutual aid requests or to support emergency operations. CaIOES operates the California State Warning Center (CSWC) 24 -hours a day to receive and disseminate emergency alerts and warnings. 23 P91 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Emergency Management Organization Section 5 When needed, the State Operations Center (SOC) and Regional Emergency Operations Centers (REOCs) are activated to coordinate emergency management information and resources. CaIOES also coordinates the delivery of federal grant programs under Presidential declarations of emergency and major disaster. Federal Government The federal government supports emergency management throughout the nation and in California by providing tools, resources, and guidance to support California's emergency management system. When an emergency occurs that exceeds, or is anticipated to exceed resources located within the state, or when federal departments or agencies acting under their own authorities are partners in the unified command for an emergency, the federal government will implement the National Response Framework (NRF) to access federal department and agency capabilities, organized the federal response and ensure coordination with all response partners. Private Sector Private sector organizations play a key role before, during, and after an emergency. First, they must provide for the welfare and protection of their employees in the workplace. In addition, the City must work seamlessly with businesses that provide water, power, communication networks, transportation, medical care, security, and numerous other services upon which both response and recovery are particularly dependent. Nongovernmental Organizations Nongovernmental organizations (NGOs) play extremely important roles before, during, and after an emergency. For the City of Rancho Cucamonga, NGOs Assist with sheltering, emergency food supplies, counseling services, and other vital services to support response and promote the recovery of disaster victims. NGOs collaborate with responders, governments at all levels, and other agencies and organizations. Individuals and Households Although not usually viewed as a part of the City's emergency operations, individuals and households play an important role in the overall emergency management strategy. Community members can contribute by: • Reducing hazards in their homes; • Preparing emergency supply kits and household emergency plans; • Preparing family and pet preparedness plans; • Monitoring emergency communications carefully; and • Volunteering with established organizations. 24 P92 RANCHO UUCAMONGA Rancho Cucamonga Emergency Operations Plan Emergency Management Organization Section 5 5.2 STANDARDIZED EMERGENCY MANAGEMENTSYSTEM (SEMS) BASED EMERGENCY ORGANIZATION 5.2.1 RESPONSE LEVELS In an emergency, governmental response is an extraordinary extension of responsibility and action, coupled with normal day-to-day activity. Normal governmental duties will be maintained, with emergency operations carried out by those agencies assigned specific emergency functions. The Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS) have been adopted by the City of Rancho Cucamonga for managing response to multi -agency and multi -jurisdiction emergencies and to facilitate communications and coordination between all levels of the system and among all responding agencies. Chapter 1 of Division 2 of Title 19 of the California Code of Regulations establishes the standard response structure and basic protocols to be used in emergency response and recovery. Fully activated, the emergency organization consists of five levels: field response, local government, operational areas (countywide), OES Mutual Aid Regions, and state government. FIELD RESPONSE LEVEL The field response level is where emergency response personnel and resources, under the command of an appropriate authority, carry out tactical decisions and activities in direct response to an incident or threat. SEMS and NIMS regulations require the use of the Incident Command System (ICS) at the field response level of an incident. The ICS field functions to be used for emergency management are: Command, Operations, Plans & Intelligence, Logistics, and Finance & Administration. LOCAL GOVERNMENT LEVEL Local governments include cities, counties, and special districts. Local governments manage and coordinate the overall emergency response and recovery activities within their jurisdiction. Local governments are required to use SEMS and NIMS when their emergency operations center is activated or a local emergency is proclaimed in order to be eligible for state funding of response -related personnel costs. In SEMS and NIMS, the local government emergency management organization and its relationship to the field response level may vary depending upon factors related to geographical size, population, function and complexity. Local governmental levels shall provide the following functions: management, operations, planning/intelligence, logistics, and finance/administration. Local jurisdictions are responsible for overall direction of personnel and equipment provided for emergency operations through mutual aid (Government Code Section 8618). OPERATIONAL AREA Under SEMS, the operational area is defined in the Emergency Services Act as an intermediate level of the state's emergency services organization consisting of a county and all political subdivisions within the county area. Political subdivisions include cities, a city and county, counties, district or other local governmental agency, or public agency as authorized by law. The operational area is responsible for: 25 P93 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Emergency Management Organization Section 5 • Coordinating information, resources and priorities among local governments within the operational area, • Coordinating information, resources and priorities between the regional level and the local government level, and • Using multi -agency or inter -agency coordination to facilitate decisions for overall operational area level emergency response activities. SEMS regulations specify that all local governments within a county geographic area be organized into a single operational area and that the county board of supervisors is responsible for its establishment. The County of San Bernardino is the lead agency for the San Bernardino County Operational Area which includes the City of Rancho Cucamonga. All local governments should cooperate in organizing an effective operational area, but the operational area authority and responsibility is not affected by the nonparticipation of any local government. In compliance with SEMS, the San Bernardino County Board of Supervisors reaffirmed its commitment to assume responsibility for operational area coordination through a formal resolution establishing the San Bernardino County Operational Area. An Operational Area Coordinating Council (OACC) was formed which meets quarterly. The jurisdictions and special districts within San Bernardino County are represented on this Board. Activation of the Operational Area during a State of Emergency or a Local Emergency is required by SEMS regulations under the following conditions: 1. A local government within the operational area has activated its EOC and requested activation of the operational area EOC to support their emergency operations. 2. Two or more cities within the operational area have proclaimed a local emergency. 3. The county and one or more cities have proclaimed a local emergency. 4. A city, city and county, or county has requested a governor's proclamation of a state of emergency, as defined in the Government Code Section 8558(b). 5. A state of emergency is proclaimed by the governor for the county or two or more cities within the operational area. 6. The operational area is requesting resources from outside its boundaries. This does not include resources used in normal day-to-day operations which are obtained through existing mutual aid agreements. 7. The operational area has received resource requests from outside its boundaries. This does not include resources used in normal day-to-day operations which are obtained through existing mutual aid agreements. If the San Bernardino County Operational Area is activated, the Fire Chief of San Bernardino County, designated by County Ordinance, will function as the Operational Area Director of Emergency Operations with responsibility for coordinating emergency operations following whole or partial activation of the San Bernardino County Operationa I Area organization. The Operational Area will also be the focal point for information transfer and support requests by cities within the County. The Operational Area Director of Emergency Operations and supporting staff will constitute the Operational Area Emergency Management Staff. The Operational Area staff will submit all requests for support that cannot be obtained within the County, and other relevant information, to OES Southern Region EOC (REOC). The County of San Bernardino EOC will fulfill the role of Operational Area EOC. 26 P94 RANCHO UUCAMONGA REGIONAL Rancho Cucamonga Emergency Operations Plan Emergency Management Organization Section 5 Because of its size and geography, the state has been divided into six mutual aid regions. The purpose of a mutua I aid region is to provide for the more effective application and coordination of mutual aid and other emergency related activities. CALOES has also established three Administrative Regions (Coastal, Inland and Southern). These Administrative Regions are the means by which CALOES maintains day-to-day contact with emergency services organizations at local, county and private sector organizations. In SEMS and NIMS, the regional level manages and coordinates information and resources among operational areas within the mutual aid region and also between the operational areas and the state level. The regional level also coordinates overall state agency support for emergency response activities within the region. The City of Rancho Cucamonga is located in the southern Administrative Region. STATE The state level of SEMS and NIMS manages state resources in response to the emergency needs of the other levels and coordinates mutual aid among the mutual aid regions and between the regional level and state level. The state level also serves as the coordination and communication link between the state and the federal disaster response system. FEDERAL Though not a defined level within SEMS, the Federal Emergency Management Agency (FEMA) serves as the main federal government contact during emergencies, major disasters and national security emergencies. 5.2.2 SEMS FUNCTIONS SEMS requires that every emergency response involving multiple jurisdictions or multiple agencies include the five functions identified below. These functions must be applied at each level of the SEMS organization. 1. Command/Management: Command is responsible for the directing, ordering, and/or controlling of resources at the field response level. Management is responsible for overall emergency policy and coordination at the SEMS EOC levels. Command and Management are further discussed below: a. Command: A key concept in all emergency planning is to establish command and tactical control at the lowest level that can perform that role effectively in the organization. In the Incident Command System (ICS), the Incident Commander (IC), with appropriate policy direction and authority from the responding agency, sets the objectives to be accomplished and approves the strategy and tactics to be used to meet those objectives. The IC must respond to higher authority. Depending upon the incident's size and scope, the higher authority could be the next ranking level in the organization up to the agency or department executive. This relationship provides an operational link with policy executives who customarily reside in the Department Operations Center (DOC) or EOC, when activated. 27 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Emergency Management Organization Section 5 b. Management: The EOC serves as a central location from which multiple agencies or organizations coordinate information collection and evaluation, priority setting and resource management. Within the EOC, the Management function: i. Facilitates multiagency coordination and executive decision making in support of the incident response, ii. Implements the policies established by the governing bodies, iii. Facilitate the activities of the Multiagency (MAC) Group 2. Operations: Responsible for coordinating and supporting all jurisdictional operations in support of the response to the emergency through implementation of the organizational level's Action Plans (AP). At the Field Level, the Operations Section is responsible for the coordinated tactical response directly applicable to, or in support of the objectives in accordance with the Incident Action Plan (IAP). In the EOC, the Operations Section Coordinator manages functional coordinators who share information and decisions about discipline/depa rtment-specif ic operations. 3. Logistics: Responsible for providing facilities, services, personnel, equipment and materials in support of the emergency. Unified ordering takes place through the Logistics Section to ensure controls and accountability over resource requests. As needed, Unit Coordinators are appointed to address the needs for communications, food, medical, supplies, facilities and ground support. 4. Planning/Intelligence: Responsible for the collection, evaluation and dissemination of operational information related to the incident for the preparation and documentation of the IAP at the Field Level or the AP at an EOC. Planning/Intelligence also maintains information on the current and forecasted situation and on the status of resources assigned to the emergency or the EOC. As needed, Unit Coordinators are appointed to collect and analyze data, prepare situation reports, develop action plans, set Geographic Information Systems (GIS) priorities, compile and maintain documentation, conduct advance planning, manage technical specialists and coordinate demobilization. 5. Finance/Administration: Responsible for all financial and cost analysis aspects of the emergency and for any administrative aspects not handled by the other functions. As needed, Unit Leaders are appointed to record time for incident or EOC personnel and hired equipment, coordinate procurement activities, process claims and track costs. PI a ns/Intelligence Ma nagement Operations Figure 1.1 Standard ICS Structure under SEMS 28 Finance/ Ad mi n i stration P95 P96 I RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Emergency Management Organization Section 5 5.3 EMERGENCY FUNCTIONS The California State Emergency Plan establishes the California Emergency Functions (CA-EFs), which consist of eighteen primary activities deemed essential to addressing the emergency management needs of communities in all phases of emergency management. The California Emergency Functions were designed to bring together discipline -specific stakeholders at all levels of government to collaborate and function within the four phases of emergency management. The EFs consist of an alliance of agencies, departments and other stakeholders with simila r functional responsibilities. This grouping allows each EF to collaboratively mitigate, prepare for, cohesively respond to and effectively recover from an emergency. The City of Rancho Cucamonga emergency support functions are designated in the following table. 29 Table 1.1 Rancho Cucamonga Emergency Functions CA -EF Title Definition Lead Agency 1. Transportation 2. Communications 3. Construction & Engineering Assists in the management of transportation systems and infrastructure during domestic threats or in response to incidents. Provides resources, support and restoration of government emergency telecommunications, including voice and data. Organizes capabilities and resources to facilitate the delivery of services, technical assistance, engineering expertise, construction management and other support. Monitors the status of fire mutual aid activities. Coordinates support activities related to the 4. Fire & Rescue detection and suppression of urban, rural and wild land fires and emergency incident scene rescue activities and provides personnel, equipment and supplies to support local jurisdictions. Coordinates and resolves issues among the CA-EFs in the four phases of emergency 5. Management management to ensure consistency in the development and maintenance of the EOP annexes. During emergencies, serves in an advisory capacity to the EOC Director. Coordinates actions to assist responsible jurisdictions to meet the needs of victims displaced 6. Care &Shelter during an incident including food assistance, clothing, non-medical care and sheltering, family reunification and victim recovery. 7. Resources Coordinates plans and activities to locate, procure and pre -position resources to support emergency operations. Engineering Services Department of Innovation and Technology (DoIT)/Auxiliary Communications Service (ACS) Engineering Services Fire District Fire District Community Services Department Administrative Services Public Health & Coordinates Public Health and Medical activities and services in support resource needs for San Bernardino County 8. Medical preparedness, response, and recovery from emergencies and disasters. Public Health 9. Search and Rescue Supports and coordinates response of personnel and equipment to search for and rescue missing or trapped persons that may involve criminal acts and water rescues. 30 Fire District P97 CA -EF Title Definition Lead Agency 10. Hazardous Materials 11. Food & Agriculture 12. Utilities 13. Law Enforcement 14. Long -Term Recovery 15. Public Information 16. Evacuation 17. Volunteer & Donations Management 18. Cyber Security Coordinates resources and supports the responsible agencies to prepare for, prevent, minimize, assess, mitigate, respond to and recover from a threat to the public or environment by actual or potential hazardous materials releases. Coordinates activities during emergencies impacting the agriculture and food industry and supports the recovery of impacted industries and resources after incidents. Provides resources and support to responsible jurisdictions and in partnership with private sector to restore gas, electric, water, wastewater and telecommunications. Coordinates law enforcement personnel and equipment to support responsible law enforcement agencies, coroner activities and public safety in accordance with Law Enforcement and Coroner's Mutual Aid Plans. Supports and enables economic recovery from the long-term consequences of extraordina ry emergencies and disasters. Supports the accurate, coordinated, timely and accessible information to affected audiences, including governments, media, the private sector, the local populace, and the special needs population. Supports the safe evacuation of persons, domestic animals and livestock from hazardous areas. Supports responsible jurisdictions in ensuring the most efficient and effective use of affiliated and unaffiliated volunteers and organizations and monetary and in-kind donated resources to support incidents requiring a state response. Supports responsible jurisdictions by establishing a collaborative framework to prevent, detect, respond to, and recover from a Cyber Security event of citywide significance. 31 Fire District San Bernardino County Agricultural Services Public Works Services/Outside Agencies San Bernardino County Sheriff's Department City Manager's Office/Fire District City Manager's Office/Fire District/SB County Sheriff's Dept. San Bernardino County Sheriff's Department/ Fire District/Anima I Services Fire District Department of Innovation and Technology (DoIT)/Fire District P98 California Emergency Functions 1. Transportation 2. Communications 3. Construction & Engineering 4. Fire & Rescue 5. Management 6. Care & Shelter 7. Resources 8. Public Health & Medical 9• Search & Rescue 10. Hazardous Materials 11. Food & Agriculture 12. Utilities 13. Law Enforcement 14. Long Term Recovery 15. Public Information 16. Evacuation 17. Volunteers & Donations Management 18. Cyber Security P= Primary S=Support P S S v a Q V P a E c E 0 a U 2 P P P Fire District S P P P P a) .V S_- .V Y rc _72 0 W 0 a 2 Q P P P P P S P P P Table 1.2 California Emergency Function Matrix 32 P99 P100 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section6 Concept of Operations 6. CONCEPT OF OPERATIONS Operations during peacetime and national security emergencies involve a full spectrum of activities from a minor incident to a major earthquake. There are a number of similarities in operational concepts for peacetime and national security emergencies. Some emergencies will be preceded by a build-up or warning period, providing sufficient time to warn the population and implement mitigation measures designed to reduce loss of life and property damage. Other emergencies occur with little or no advance warning, thus requiring immediate activation of the emergency operations plan and commitment of resources. All agencies must be prepared to respond promptly and effectively to any foreseeable emergency, including the provision and utilization of mutual aid. 6.1 EMERGENCY PHASES Emergency management activities during peacetime and national security emergencies are often associated with the four emergency management phases indicated below. However, not every disaster necessarily includes all indicated phases. PREPAREDNESS PHASE The preparedness phase involves activities taken in advance of an emergency. These activities develop operational capabilities and effective responses to a disaster. These actions might include mitigation activities, emergency/disaster planning, training and exercises and public education. Those identified in this plan as having either a primary or support mission relative to response and recovery should prepare Standard Operating Procedures (SOP), Emergency Operations Plans (EOP) and checklists detailing personnel assignments, policies, notification rosters, and resource lists. Personnel should be acquainted with these SOPs and checklists through periodic training in the activation and execution procedures. INCREASED READINESS Increased readiness actions will be initiated by the receipt of a warning or the observation that an emergency situation is imminent or likely to occur soon. Actions to be accomplished include, but are not necessarily limited to: • Review and update of EOP, SOPs, and resources listings. • Dissemination of accurate and timely emergency public information. • Accelerated training of permanent and auxiliary staff. • Inspection of critical facilities. • Recruitment of additional staff and Disaster Services Workers. • Mobilization of resources • Testing warning and communications systems. 33 P101 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section6 Concept of Operations RESPONSE PHASE PRE -EMERGENCY When a disaster is inevitable, actions are precautionary and emphasize protection of life. Typical responses might be: • Evacuation of threatened populations to safe areas. • Security as necessary. • Advising threatened populations of the emergency and apprising them of safety measures to be implemented. • Advising the San Bernardino County Operational Area of the emergency. • Notify Rancho Cucamonga Management Coordinator or designee to request notification to the Operational Area EOC. • Identifying the need for mutual aid and requesting such through the San Bernardino County Operational Area EOC either by telephone or radio. • Proclamation of a Local Emergency by local authorities. EMERGENCY RESPONSE During this phase, emphasis is placed on saving lives and property, control of the situation and minimizing effects of the disaster. Immediate response is accomplished within the affected area by local government agencies and segments of the private sector. One of the following conditions will apply to the City during this phase: • The situation can be controlled without mutual aid assistance from outside the City. • Evacuation of portions of the City is required due to uncontrollable immediate and ensuing threats. • Mutual aid from outside the City is required. • The City is either minimally impacted or not impacted at all, and is requested to provide mutual aid to other jurisdictions. The emergency management organization will give priority to the following operations: • Dissemination of accurate and timely emergency public information and warning to the public. • Situation analysis. • Resource allocation and control. • Evacuation and rescue operations. • Medical care operations. • Coroner operations. • Care and shelter operations. • Access and perimeter control. • Public health operations. • Restoration of vital services and utilities. • Damage Assessment. 34 P102 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section6 Concept of Operations When local resources are committed to the maximum and additional resources are required, requests for mutual aid will be initiated through the San Bernardino County Operational Area. Fire and law enforcement agencies will request or render mutual aid directly through established channels. Any action which involves financial outlay by the jurisdiction, or a request for military assistance, must be authorized by the appropriate local official. If required, the California Office of Emergency Services (CALOES) may coordinate the establishment of one or more Disaster Support Areas (DSAs) where resources and supplies can be received, stockpiled, allocated, and dispatched to support operations in the affected area(s). Depending on the severity of the emergency, a Local Emergency may be proclaimed, the local Emergency Operations Center (EOC) may be activated, and San Bernardino County Operational Area will be advised. The CALOES Director may request a gubernatorial proclamation of a State of Emergency. Should a State of Emergency be proclaimed, state agencies will, to the extent possible, respond to requests for assistance. These activities will be coordinated with the CALOES Director. CALOES may also activate the State Operations Center (SOC) in Sacramento to support CALOES Regions, state agencies and other entities in the affected areas and to ensure the effectiveness of the state's SEMS. The State Regional EOC (REOC) in Los Alamitos, or an alternate location, will support the San Bernardino County Operational Area. If the Governor requests and receives a Presidential declaration of an Emergency or a Major Disaster under Public Law 93-288, he will appoint a State Coordinating Officer (SCO). The SCO and an appointed Federal Coordinating Officer (FCO) will coordinate and control state and federal recovery efforts in supporting local operations. All emergency response efforts and initial recovery support will be coordinated by the REOC. SUSTAINED EMERGENCY In addition to continuing life and property protection operations; mass care, relocation, registration of displaced persons and damage assessment operations will be initiated. During this crucial time, the need for security will be evaluated and deployed as necessary. RECOVERY PHASE As soon as possible, the CALOES Director, operating through the SCO, will bring together representatives of federal, state, county, and city agencies, as well as representatives of the American Red Cross, to coordinate the implementation of assistance programs and establishment of support priorities. Disaster Application Centers (DACs) may also be established, providing a "one-stop" service to initiate the process of receiving federal, state and loca I recovery assistance. The recovery period has major objectives which may overlap, including: • Reinstatement of family autonomy. • Provision of essential public services. • Permanent restoration of private and public property. • Identification of residual hazards. • Plans to mitigate future hazards. • Recovery of costs associated with response and recovery efforts. 35 P103 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan MITIGATION PHASE Section6 Concept of Operations Mitigation efforts occur both before and following disaster events. Post -disaster mitigation is part of the recovery process. Eliminating or reducing the impact of hazards which exist within the City and are a threat to life and property are part of the mitigation efforts. Mitigation tools may include: • Local ordinances and statutes (zoning ordinance, building codes and enforcement, etc.). • Structural measures. • Abatements. • Public information and community relations. • Land use planning. • Professional training. PEACETIME EMERGENCIES The City's partial or total response to natural disasters or technological incidents will be dictated by the type and magnitude of the emergency. Generally, response to a major peacetime emergency situation will progress from local, to county, to state, to federal involvement. For planning purposes, CALOES has established three levels of emergency response to peacetime emergencies, which are based on the severity of the situation and the availability of local resources. (Note: These levels do not directly correlate with the four classifications of nuclear power emergencies.) Level One - Decentralized Coordination and Direction A minor to moderate incident wherein local resources are adequate and available. A Local Emergency may or may not be proclaimed. The City EOC may or may not be activated. Off-duty personnel may be recalled. Level Two - Centralized Coordination and Decentralized Direction A moderate to severe emergency wherein local resources are not adequate and mutual aid may be required on a regional or even statewide basis. Key management level personnel from the principal involved agencies will co -locate in a central location to provide jurisdictiona I or multi -jurisdictional coordination. The EOC should be activated. Off- duty personnel may be recalled. A Local Emergency will be proclaimed and a State of Emergency may be proclaimed. Level Three - Centralized Coordination and Direction A major local or regional disaster wherein resources in or near the impacted area are overwhelmed and extensive state and/or federal resources are required. A Local Emergency and a State of Emergency will be proclaimed and a Presidential Declaration of an Emergency or Major Disaster will be requested. All response and early recovery activities will be directed from the EOC. All off-duty personnel will be recalled. 36 P104 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan NATIONAL SECURITY EMERGENCIES Section6 Concept of Operations National security emergencies may range from minor inconveniences such as food and petroleum shortages to a worst-case scenario involving an attack on the United States utilizing nuclear, chemical or biological weapons. Protective measures to be employed in the event of a threatened or actual attack on the United States include: • Shelter -in-place protection. • Spontaneous evacuation by an informed citizenry may be considered a viable option within the context of this plan. • Security as necessary. 6.2 EMERGENCY DECLARATIONS LOCAL EMERGENCY A Local Emergency may be proclaimed by the City Council or by the City Manager as specified by the Ordinance No. 104 adopted by the City Council. A Local Emergency proclaimed by the City Manager must be ratified by the City Council within seven days. The Local Emergency must be terminated by resolution as soon as conditions warrant. Proclamations are normally made when there is an actual incident or threat of disaster or extreme peril to the safety of persons and property within the city, caused by natural or man-made situations. The proclamation of a Local Emergency provides the governing body with the legal authority to: • If necessary, request that the Governor proclaim a State of Emergency. • Promulgate or suspend orders and regulations necessary to provide for the protection of life and property, including issuing orders or regulations imposing a curfew within designated boundaries. • Exercise full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements. • Request state agencies and other jurisdictions to provide mutual aid. • Require the emergency services of any local official or employee. • Requisition necessary personnel and materials from any local department or agency. • Obtain vital supplies and equipment and, if required, immediately commandeer the same for public use. • Impose penalties for violation of lawful orders. • Conduct emergency operations without incurring legal liability for performance, or failure of performance. (Note: Article 17 of the Emergency Services Act provides for certain privileges and immunities.) STATE OF EMERGENCY A State of Emergency may be proclaimed by the Governor when: • Conditions of disaster or extreme peril exist which threaten the safety of persons and property within the state caused by natural or man-made incidents. • He is requested to do so by local authorities. • He finds that local authority is inadequate to cope with the emergency. 37 P105 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Whenever the Governor proclaims a State of Emergency: Section6 Concept of Operations • Mutual aid shall be rendered in accordance with approved emergency plans when the need arises in any county, city and county, or city for outside assistance. • The Governor shall, to the extent he deems necessary, have the right to exercise all police power vested in the state by the Constitution and the laws of the State of California within the designated area. • Jurisdictions may command the aid of citizens as deemed necessary to cope with an emergency. • The Governor may suspend the provisions of orders, rules or regulations of any state agency; and any regulatory statute or statute prescribing the procedure for conducting state business. • The Governor may commandeer or make use of any private property or personnel (other than the media ) in carrying out the responsibilities of his office. • The Governor may promulgate issue and enforce orders and regulations deemed necessary. STATE OF WAR EMERGENCY Whenever the Governor proclaims a State of War Emergency, or if a State of War Emergency exists, all provisions associated with a State of Emergency apply, plus: • All state agencies and political subdivisions are required to comply with the lawful orders and regulations of the Governor which are made or given within the limits of his authority as provided for in the Emergency Services Act. 6.3 NOTIFICATION AND MOBILIZATION CITY OF RANCHO CUCAMONGA (INTERNAL) The EOC Director or designee is responsible for the physical activation, as well as preliminary staffing of the EOC until such time as the Logistics Section can assume the responsibility using the Master EOP Personnel and Position List (Logistics Section-- EOC Manual). The following positions within the City have the authority to activate the EOC as necessary: • City Manager (Primary EOC Director) • Deputy City Manager, Civic And Cultural Services (Alternate EOC Director) • Emergency Management Coordinator (EOC Coordinator) In the event of an emergency, the EOC Director can be contacted via the Emergency Management Coordinator to determine the need for EOC activation using the following 24 hour contact information: 1. County of San Bernardino Paging System 1-800-426-8689 2. Pager#6247 3. www.co.san-bernardino.ca.us/internetpaging/defauIt.htm Pager#6247 4. Enter nature of call and call-back number (240 character limit) The Emergency Management Coordinator will respond to the page as soon as possible (maximum 1 hour) and the need for EOC activation will be determined based on the information provided and the extent of resources requested. 38 P106 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section6 Concept of Operations While the above process is the primary method for contacting the Emergency Management Coordinator, the following alternate means of contact may be used: • During business hours call (909) 477-2770, state the nature of the call and request to speak with the Emergency Management Program • E-mail eoc@citvofrc.us with the nature of the emergency and follow with phone contact if readily accessible. Any changes to this protocol based on limited staffing will be sent via e-mail to all Department Heads at the time necessary. COUNTY OF SAN BERNARDINO (EXTERNAL) It is the policy of the San Bernardino County Operational Area (OA) to activate the County EOC whenever one City/Town in the OA activates. Therefore, it is necessary to contact the OA immediately upon activation of the City's EOC. The appropriate level of activation by the OA will be determined based on reported incident information. Once the City of Rancho Cucamonga's EOC has been activated, the San Bernardino County Office of Emergency Services (Duty Officer) should be contacted by the EOC Director or designee using the following: 1. San Bernardino County Fire Department Communications Center (909) 386-3805 2. Ask to speak to the On -Duty Supervisor and request that the OES Duty Officer be paged with the following information: • Name • City/Town • Type of incident • Call back number The OES Duty Officer will return the call to the City/Town to start the OA support activation process. While the above process is the primary method for contacting the County EOC, the following are alternate ways to contact the Duty Officer as necessary: 1. During business hours always call (909) 356-3998 (County OES Main phone number). 2. Send a fax to (909) 356-3965; follow with phone contact if available. 3. E-mail sbcoa@oes.sbcounty.gov; follow with phone contact if available. 6.4 INCIDENT COMMAND SYSTEM (ICS) The Incident Command System (ICS) isa nationally recognized on -scene emergency management system specifically designed to allow its user(s) adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents without being hindered by jurisdictional boundaries. ICS uses a common organizationa I structure to effectively accomplish management of the incident by objectives. The five functions of the ICS organization are command, operations, planning, logistics, and finance: 1. Command is responsible for directing, ordering, and/or controlling resources by virtue of explicit legal, agency, or delegated authority. It includes the incident commander (IC) who is responsible for the overall 39 P107 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section6 Concept of Operations management of the incident. The command function also includes the Information Officer, Liaison Officer, and Safety Officer. 2. Operations is responsible for the coordinated tactical response of all field operations directly applicable to or in support of the mission(s) in accordance with the Incident Action Plan. Operations develops the operations portion of the Incident Action Plan, requests resources to support tactical operations, maintains close communication with the Incident Commander, and ensures safer tactical operations. The operations function includes branches, divisions, groups, and air operations personnel. 3. Planning is responsible for the collection, evaluation, documentation, and use of information about the development of the incident. The planning function includes the resource unit, situation unit, documentation unit, and demobilization unit. 4. Logistics is responsible for providing facilities, services, personnel, equipment, and tracking the status of resources and materials in support of the incident. The logistics function includes the supply unit, facilities unit, ground support unit, communications unit, food unit, and medical unit. 5. Finance is responsible for all financial and cost analysis aspects of the indent, and/or any administrative aspects not handled by the other functions. The finance function includes the time unit, procurement unit, compensation/claims unit, and the cost unit. PRINCIPLES OF ICS The system's organizational structure adapts to any emergency or incident to which emergency response agencies would expect to respond. Components of ICS are: • Common terminology; Modular organization; • Unified command structure; • Consolidated action plans; • Manageable span -of -control; Pre -designed incident facilities; • Comprehensive resource management; and • Integrated communications. Common titles for organizational functions, resources, and facilities within ICS are utilized. The organizational structure is developed based upon the type and size of an incident. Staff builds from the top down as the indent grows, with responsibility and performance placed initially with the Incident Commander (IC). At all incidents there will be five functions. Initially, the IC may be performing all five functions. Then, as the incident grows, each function may be established as a section with several units under each section. UNIFIED COMMAND Unified command structure is a unified team effort that allows all agencies with responsibility for the incident to manage an incident by establishing a common set of incident objectives and strategies. 40 P108 1 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan 7. EMERGENCY OPERATIONS CENTER (EOC) Section7 EOC 7.1 EMERGENCY OPERATIONS CENTER ORGANIZATION When an emergency or disaster occurs, or has the potential to occur, the jurisdiction will activate the EOC. The EOC will organize according to the SEMS functions of Management, Operations, Planning/Intelligence, Logistics and Finance/Administration and will activate those functions necessary for the emergency. Potential SEMS EOC functions are shown below: 1. Management Section: The following activities and responsibilities are part of the Management function: a. Overall EOC management b. Facilitation of Multiagency Coordination System (MACS) and MAC Groups c. Public information coordination and Joint Information Center (JIC) management d. Provision for public safety and risk communications and policy e. Long -Term Recovery 2. Operations Section: The following activities and responsibilities are part of the Operations function: a. Transportation b. Construction and Engineering c. Fire and Rescue d. Care and Shelter e. Resources f. Public Health and Medical g. Hazardous Materials h. Utilities i. Law Enforcement j. Evacuation k. Volunteer and Donations Management I. Others as needed 3. Planning/Intelligence Section: The following activities and responsibilities are part of the Planning function: a. Situation Status b. Resource Status c. Situation Analysis d. Information Display e. Documentation f. Advance Planning g. Technical Services h. Action Planning i. Demobilization 4. Logistics Section: The following activities and responsibilities are part of the Logistics function: a. Field Incident Support b. Communications Support c. Transportation Support d. Personnel 41 P109 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section7 EOC e. Supply and Procurement f. Resource Tracking g. Sanitation Services h. Computer Support 5. Finance/Administration: The following activities and responsibilities are part of the Finance function: a. Fiscal Management b. Time -Keeping c. Purchasing d. Compensation and Claims e. Cost Recovery f. Travel Request, Forms and Claims 42 Plans/Intelligence Section Coord Rancho Cucamonga Emergency Operations Plan Situation Analysis Unit Documentation Unit Demobilization Unit Technical Specialists Advance Planning Unit EOC Director Legal Counsel Safety Officer Operations Section Coord. Fire Rescue B anch Law Enforcement Branch Public Works Branch Health and Welfare Branch EOC Coordinator Public Information Officer Liaison Officer Community Services Unit Animal Services Unit Construction/ Engineering Branch Damage Assesment Unit 43 Section 7 EOC Master EOC Organizational Chart 2015 Agency Representatives Logistics Section Coord. Personnel Branch Volunteer Man agement Unit Supply/ Procurement Branch Donations Man agement Unit Facilities Unit Resource Tracking Unit Communication Unit Information Systems Unit Transportation Unit Finance/Admin Section Coord. Recovery Unit ITime Keeping Unit Purchasing Unit Compensation/ Claims Unit 'Cost Accounting Unit P110 P111 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan 7.2 SPECIAL DISTRICTS, PRIVATE AND NON-PROFIT AGENCIES PARTICIPATION OF VOLUNTEER AND PRIVATE AGENCIES Section7 EOC Volunteer agencies and private agencies may participate in the mutual aid system along with governmental agencies. For example, the disaster medical mutual aid system relies heavily on private sector involvement for medical/hea Ith resources. Some volunteer agencies such as the American Red Cross, Salvation Army and others are an essential element of the statewide emergency response to meet the needs of disaster victims. Volunteer agencies mobilize volunteers and other resources through their own systems. They also may identify resource needs that are not met within their own systems that would be requested through the mutual aid system. Volunteer agencies with extensive involvement in the emergency response should be represented in EOCs. Some private agencies have established mutual aid arrangements to assist other private agencies within their functional area. For example, electric and gas utilities have mutual aid agreements within their industry and established procedures for coordinating with governmental EOCs. In some functional areas, services are provided by a mix of special district, municipal and private agencies. Mutual aid arrangements may include both governmenta I and private agencies. Liaison should be established between activated EOCs and private agencies involved in a response. Where there is a need for extensive coordination and information exchange, private agencies should be represented in activated EOC's as appropriate 7.3 PRIMARY AND ALTERNATE EOC The City of Rancho Cucamonga Emergency Operations Center (EOC) is located at: • 10510 Civic Center Dr. (Police Station) Rancho Cucamonga, CA 91730 7.4 ACTIVATION/DEACTIVATION OF EOC ACTIVATION OF THE EMERGENCY OPERATIONS PLAN • On the order of the official designated by the City of Rancho Cucamonga's Ordinance No. 104, provided that the existence or threatened existence of a Local Emergency has been proclaimed in accordance with the ordinance. (Ordinance No. 104 defines "emergency" as the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by such conditions as fire, flood, wind, or earthquake). • When the Governor has proclaimed a State of Emergency in an area including this jurisdiction. • Automatically on the proclamation of a State of War Emergency as defined in California Emergency Services Act (Chapter 7, Division 1, Title 2, California Government Code). • A Presidential declaration of a National Emergency. • Automatically on receipt of an attack warning or the observation of a nuclear detonation. EOC ACTIVATION The EOC will be activated according to EOC Activation Policy #400-01. 44 P112 RANCHO CUCAMON'GA Rancho Cucamonga Emergency Operations Plan 7.5 FIELD/EOC COMMUNICATIONS AND COORDINATION Section7 EOC WEBEOC INCIDENT MANAGEMENT SOFTWARE The City of Rancho Cucamonga EOC uses a proprietary implementation of the web based incident management software, WebEOC. Access, passwords and a quick start guide can be found on the intranet as well as in the EOC in each section's EOC Manual. The Emergency Management Program regularly schedules trainings for EOC responders on the use of this required system. CESFRS CALIFORNIA EMERGENCY SERVICES FIRE RADIO SYSTEM CESFRS is the statewide communications network, available to all fire agencies. The three available channels have been designated Fire White #1, #2 and #3.White #1 is authorized for base station and mobile operations. White #2 and White #3 are for mobile and portable use only. All three white channels are designated by the Federa I Communications Commission as "Intersystem" channels and are intended solely for inter -agency fire operations, i.e. mutual aid. White #2 and White #3 are intended for on -scene use only. CESRS CALIFORNIA EMERGENCY SERVICES RADIO SYSTEM CESRS serves as an emergency communications system for OES and county emergency services organizations. The system assists in the dissemination of warning information and to support disaster and emergency operations. The system may be used on a day-to-day basis for administrative emergency services business. Statewide communications are provided through a number of microwave interconnected mountain top relays. It operates under appropriate FCC rules and regulations and is administered by the State of California through the Office of Emergency Services. See the "California Emergency Services Radio System, Plan and Licensing Guide," July 1990, written by OES Telecommunications Division for more information. CLEMARS CALIFORNIA LAW ENFORCEMENT MUTUAL AID RADIO SYSTEM CLEMARS was established to provide common police radio frequencies for use statewide by state and local law enforcement agencies during periods of manmade or natural disasters or other emergencies where inter -agency coordination is required. It operates under appropriate FCC rules and regulations and is administered by the State of California through the Office of Emergency Services. Participation in CLEMARS is open to all California Law Enforcement agencies which are eligible to operate on rad io frequencies authorized by the FCC for the Police Radio Service. In addition, the agency's political subdivision must be a signatory to the California Disaster and Civil Defense Master Mutual Aid Agreement and have developed a mutual aid response capability with trained personnel who will respond when requested by their operational area or regional mutual aid coordinator to provide required assistance. The system establishes four priorities for use: 1. Emergency Operations of law enforcement agencies, primarily mutual aid activities. 2. Emergency or urgent operations of above, involving a single agency. 3. Special event control activities, generally of a pre -planned nature and generally involving joint participation of two or more agencies; or two or more police divisions, stations of CHP, etc. Drills, rehearsals, comma nd post exercises and like activities shall be considered as Priority III activities. 4. When no traffic of a higher priority classification is in progress, agencies participating in CLEMARS may utilize the frequency for local communications as a secondary means of communication. 45 P113 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section7 EOC The Regional Law Enforcement Coordinator is responsible for coordination of use of the system within the Mutua I Aid Region. The City of Rancho Cucamonga does participate in CLEMARS, and is licensed for mobile and base station communications. CLETS CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM CLETS is a high-speed message switching system which became operational in1970. CLETS provides law enforcement and criminal justice agencies access to various data bases and the ability to transmit and receive point -to -poi nt administrative messages to other agencies within California or via the National Law Enforcement Telecommunications System (NLETS) to other states and Canada. Broadcast messages can be transmitted intrastate to participating agencies in the Group Bulletin Network and to regions nationwide via NLETS. CLETS has direct interface with the FBI-NCIC, NLETS, DMV, Oregon and Nevada. The State provides the computer hardware, switching center personnel, administrative personnel, and the circuitry to one point in each county. The local agencies provide the circuitry and equipment which link them to their county termination point. A number of agencies have message switching computer (MSC) systems and computer aided dispatch (CAD) systems which directly connect to CLETS. Many of these systems have mobile data terminals (MDTs) which allow an officer in the field to inquire directly into various systems. The CLETS terminal in the City of Rancho Cucamonga is located at the Police Department. The CLETS Information Manual is located in the Rancho Cucamonga Police Department Communications Center. The County of San Bernardino provides the local interface, known asJDIC (Justice Data Interface Controller). OASIS OPERATIONAL AREA SATELLITE INFORMATION SYSTEM The OASIS project, funded under the Earthquake Hazards Reduction Act of1986, was established to create the most robust communications system possible using leased transponder space from commercial satellite operators. The result is the establishment of a system which allows virtually uninterruptible communication between state, regional and operational area level EOCs. OASIS is a system that consists of a communications satellite, multiple remote sites and a hub. The satellite is in a stationary or geo-synchronous orbit above the earth's equator. A high frequency (HF) radio system and a satellite communications network were constructed to link all 58 counties with CALEMA and other state agencies for disaster communications as well as day-to-day traffic. The system, which uses technology simila r to cellular telephones, has 60 channels. When a user picks up the line, the system automatically searches for the best available channel. The equipment necessary for the remote sites includes a six-foot diameter dish antenna using Very Small Aperture Terminal or VSAT technology. These sites were originally set up by OES and are capable of conducting six simultaneous voice conversations and one data channel ata rate of 9600 baud. The final component is the hub. The hub is a large external dish antenna and a network control station which is managed by OES personnel. The hub provides access control for the system and can control up to 800 remote stations. OES personnel will use the hub to define the network, detect trouble and serve as an emergency alert network for other OES personnel. 46 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section7 EOC 7.6 FIELD/EOC DIRECTION AND CONTROL INTERFACE Communication and coordination among SEMS levels is clearly necessary for effective emergency response. In a major emergency, the EOC may be activated to coordinate the overall response. Incident Commanders (ICs), in the field, may communicate with the Department Operations Centers (DOCs) which in turn will communicate and coordinate with the EOC. Depending on the incident, the ICs may communicate directly with the EOC, usually to their counterpart in the Operations Section. When the EOC is directly overseeing the incident command teams, the EOC is operating in a centralized coordination and direction mode. During multiple -incident situations within the City, an Area Command may be established to provide for the ICs at separate locations. Generally, an Area Commander will be assigned and receive policy direction from the EOC. Another scenario for the EOC /Area Command interaction would be the occurrence of several similar type incidents located in close proximity but in different jurisdictions. A Unified Area Command may be established to oversee Incident Commands operating in general proximity to each other. The Unified Area Command would coordinate with the activated local government EOCs. 7.7 FIELD COORDINATION WITH DEPARTMENT OPERATIONS CENTERS (DOCS) AND EOCS The City of Rancho Cucamonga has made provision and trains staff for the following Department Operations Centers (DOC's) within the Emergency Management organization: • Fire • Law • Public Works • Community Services • Animal Services • Building and Safety 47 P114 P115 RANCHO CUCAMON'GA Rancho Cucamonga Emergency Operations Plan Section8 Mutual Aid 8. MUTUAL AID The foundation of California's emergency planning and response is a statewide mutual aid system which is designed to ensure those adequate resources, facilities and other support is provided to jurisdictions whenever their own resources prove to be inadequate to cope with a given situation(s). The basis for the system is the California Disaster and Civil Defense Master Mutual Aid Agreement as provided for in the California Emergency Services Act. This Agreement was developed in 1950 and has been adopted by the state, all 58 counties and most incorporated cities in the State of California. The Master Mutual Aid Agreement (MMAA) creates a formal structure wherein each jurisdiction retains control of its own facilities, personnel and resources, but may also receive or render assistance to other jurisdictions within the state. State government is obligated to provide available resources to assist local jurisdictions in emergencies. It is the responsibility of the local jurisdiction to negotiate, coordinate and prepa re mutual aid agreements. Mutual aid agreements exist in law enforcement, fire services, medical and public works and for emergency managers (EMMA —Emergency Managers Mutual Aid). MUTUAL AID SYSTEM A statewide mutual aid system, operating within the framework of the Master Mutual Aid Agreement (MMAA), allows for the progressive mobilization of resources to and from emergency response agencies, local governments, operational areas, regions and state with the intent to provide requesting agencies with adequate resources. The general flow of mutual aid resource requests and resources within mutual aid systems are depicted in the diagra m in Chart 1: Mutual Aid System Flow Chart. 48 P116 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan RDfJOk 1 GCXTC {C I+I 1 . .n10k yL yRCy LC<GOWN 11.13% - II rWa: OF4if 11014f L Fl GOSOIXNEN {f Lray.._.. LO{ sL {s 1 L.X. L GOSGIXNEN Tj �{f REMLIIRC Rebo-urfle RequebtE C - 4- . .. !Area CHART 1 MUTUAL AID SYSTEM FLOW CHART Section8 Mutual Aid The statewide mutual aid system includes several discipline -specific mutual aid systems, such as fire and rescue, law, medical and public works. The adoption of SEMS does not alter existing mutual aid systems. These systems work through local government, operational area, regional and state levels consistent with SEMS. Mutual aid may also be obtained from other states. Interstate mutual aid may be obtained through direct state -to -state contacts, pursuant to interstate agreements and compacts, or may be coordinated through federal agencies. MUTUAL AID REGIONS Mutual aid regions are established under the Emergency Services Act by the Governor. Six mutual aid regions numbered I -VI have been established within California. The City of Rancho Cucamonga is located within Region VI. Region VI is located within the OES Southern Administrative Region. (Chart 2: State Mutual Aid and Administrative Regions) 49 P117 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan 615KIYOU MODOC SHASTA PUMAS OES CALIFORNIA orP* Governor's ice of Emergency Services Mutual Aid and Administrative Regions MARI Inland Region SANFRANC=. SAN MATE CRTA UZ Coastal Region MUTUAL AID COORDINATORS KERN vENiUPA 1 EMISPRA Southern 44 Region SAN EFRNAREINO RIVERSIDE IMPERIAL CHART 2 MUTUAL AID AND ADMINISTRATIVE REGIONS Section 8 Mutual Aid To facilitate mutual aid, discipline -specific mutual aid systems work through designated mutual aid coordinators at the operational area, regional and state levels. The basic role of a mutual aid coordinator is to receive mutual aid requests, coordinate the provision of resources from within the coordinator's geographic area of responsibility and pass on unfilled requests to the next level. 50 P118 Rancho Cucamonga Emergency Operations Plan Section8 Mutual Aid Mutual aid requests that do not fall into one of the discipline -specific mutual aid systems are handled through the emergency services mutual aid system by emergency management staff at the local government, operational area, regional and state levels. The flow of resource requests and information among mutual aid coordinators is illustrated in Chart 3: Mutual Aid Coordinators Flow Chart. XIC Gaaoareyr LULL_ ahrele-iL c Omer'" 1TATE. t oa. Rim drrfi►aaor RE{ FErtiA.L CrrafSrrw_Y Pihragarrire OFER MONAL • l" AREA t LE .A.Lrplaragarrim s"Y fiWWEMIME FIT 1 Discaaolfo IbEtueIAId.9Y4 m4 rim ate...... faun F � a C eenirusar 4 Lw C'...-.- cdw MT Mdeiui wr.t µun IIaikh corn }ulanY4.61 ✓ r Lbw L Creargarairc R74 puma. R7qu l.% Irrlbrrrrethan Flux aordlnatlan Muth arkh 7�t mInmS Elisar Moth i C mInmgr Lw 11 Ci_iushr •:e amu:: C eerelruser CHART 3 MUTUAL AID COORDINATORS FLOW CHART Mutual aid coordinators may function from an EOC, their normal departmental location or other locations depending on the circumstances. Some incidents require mutual aid but do not necessitate activation of the affected loca I government or operational area EOCs because of the incident's limited impacts. In such cases, mutual aid coordinators typically handle requests from their normal work location. When EOCs are activated, all activated discipline -specific mutual aid systems should establish coordination and communications with the EOCs: 51 P119 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section8 Mutual Aid • When an Operational Area EOC is activated, operational area mutual aid system representatives should be at the Operational Area EOC to facilitate coordination and information flow. • When a CALOES regional EOC (REOC) is activated, regional mutual aid coordinators should have representatives in the REOC unless it is mutually agreed that effective coordination can be accomplished through telecommunications. State agencies may be requested to send representatives to the REOC to assist regional staff in handling mutual aid requests for disciplines or functions that do not have designated mutual aid coordinators. • When the State Operations Center (SOC) is activated, state agencies with mutual aid coordination responsibilities will be requested to send representatives to the SOC. Mutual aid system representatives at an EOC may be located in various functional elements (sections, branches, groups or units) or serve as an agency representative, depending on how the EOC is organized and the extent to which it is activated. Formal mutual aid requests will follow specified procedures and are processed through pre- identified mutual aid coordinators. Mutual aid requests will follow discipline -specific chains (i.e. fire, law enforcement, emergency manager, etc.) from one level of government to the next. The mutual aid coordinator receives the mutual aid request and coordinates the provision of resources from within the coordinator's geographic area of responsibility. In the event resources are unavailable at one level of government, the request is forwarded to the next higher level of government to be filled. 1. Field Level Requests: Requests for Master Mutual Aid Agreement (MMAA) resources originate from the Field Level and are managed by the Incident Commander (IC). If the IC is unable to obtain the resource through existing local channels, the request is elevated to the next successive government level until obtained or cancelled. 2. Local Government Request: Local jurisdictions are responsible for the protection of life and property within the municipal geographic boundaries. The local jurisdiction where the incident occurred should assess its resource inventory and existing local agreements to determine if the requested resource is available. When locally committed resources are exhausted and mutual aid is needed, the local official will request assistance from the OA Mutual Aid Coordinator. 3. Operational Area Requests: The OA is a composite of its political subdivisions, (i.e. municipalities, contract cities, special districts and county agencies). The OA Mutual Aid Coordinator assesses the availability of resources within the OA and fulfills the resource request based upon that assessment. In the event resources are unavailable at the OA level, the request is forwarded to the responsible Region Mutual Aid Coordinator to be filled. 4. Region Level Requests: The state is geographically divided into six Mutual Aid Regions. For Law Enforcement Mutual Aid, Region I is divided into two sub -regions. Each Mutual Aid Region is comprised of multiple Operational Areas and has a Regional Mutual Aid Coordinator. The Region Mutual Aid Coordinator is granted the authority to coordinate the mutual aid response of discipline -specific resources within the Region to support a mutual aid request by a jurisdiction also within the Region. In the event resources are unavailable at the Region level, the request is forwarded to the State Mutual Aid Coordinator to be filled. 5. State Level Requests: On behalf of the Governor, the Secretary of CaIOES has the responsibility for coordination of state mutual aid resources in support of local jurisdictions during times of emergency. The Secretary will analyze and coordinate the request by forwarding the request to an unaffected REOC or tasking an appropriate state agency to fill the need. 52 P120 RANCHO GuCAMONGA Rancho Cucamonga Emergency Operations Plan Section9 Information Collection 9. INFORMATION COLLECTION, ANALYSIS, AND DISSEMINATION Emergency Operations Centers (EOCs) are responsible for gathering timely, accurate, accessible and consistent intelligence during an Emergency. Situation reports should create a common operating picture and be used to adjust the operational goals, priorities and strategies. To ensure effective intelligence flow, emergency response agencies at all levels must establish communications systems and protocols to organize, integrate and coordinate intelligence among the affected agencies. The flow of situation reports among the levels of government should occur as: Field Field situation reports should be disseminated to local EOC. Local Emergency Operations Center (EOC) Local EOC will summarize reports received from the field, Department Operation Centers (DOCs) and other reporting disciplines, and send to the Operational Area (OA) EOC. Operational Area Emergency Operations Center (OA EOC) The OA EOC will summarize reports received from responsible local EOCs, county field units, county DOCS and other reporting disciplines, and forward to the CaIOES Regional Emergency Operations Center (REOC). Regional Emergency Operations Center (REOC) The REOC will summarize situation reports received from the OA EOC, state field units, state DOCs and other reporting disciplines, and forward to the State Operations Center (SOC). State Operations Center (SOC) The SOC will summarize situation reports received from the REOC, state DOCs, state agencies and other reporting disciplines, and distribute to state officials and others on the distribution list. Joint Field Office (JFO) When the state -federal JFO is activated, the REOC and SOC situation reports will be assimilated into the JFO situation report. The REOC organization may be collocated with the federal organization at the JFO. 9.1 TECHNOLOGY The use of technology has redefined the parameters of emergency management and has enhanced simultaneous record keeping for the City. These applications range from simple e-mail capabilities to a dedicated emergency management software application with event reports, situation reports, press releases, pictures, electronic notification systems, map plotting of events, weather maps and real time video/audio conferencing. 53 P121 RANCHO CUCAMONGA Rancho Cucamonga Section 10 Emergency Operations Plan Public Information 10. PUBLIC INFORMATION The public's response to any emergency is based on an understanding of the nature of the emergency, the potentia I hazards, the likely response of emergency services and knowledge of what individuals and groups should do to increase their chances of survival and recovery. Public awareness and education prior to any emergency are crucial to successful public information efforts during and after the emergency. The pre -disaster awareness and education programs must be viewed as equal in importance to all other preparations for emergencies and receive an adequate level of planning. These programs must be coordinated among local, state and federal officials to ensure their contribution to emergency preparedness and response operations. 10.1 COMMUNITY OUTREACH Throughout the year, the departments with emergency responsibilities are involved in a wide range of community outreach activities including presentations, street fairs, and education/training. This plan encourages departments to utilize these community outreach opportunities to inform residents and business owners of the City's emergency procedures and personal preparedness techniques. 10.2 ALERTING AND WARNING SYSTEMS Warning is the process of alerting governmental forces and the general public to the threat of imminent extraordinary danger. Dependent upon the nature of the threat and the population group at risk, warning ca n originate at any level of government. Success in saving lives and property is dependent upon timely dissemination of warning and emergency information to persons in threatened areas. Local government is responsible for warning the populace of the jurisdictio n. Government officials accomplish this using warning devices located within the community. The warning devices are normally activated from a point staffed 24 hours a day. There are various mechanical systems in place, described below, whereby an alert or warning may originate or be disseminated. Following the description of the systems is an explanation of the "Emergency Conditions and Warning Actions" through which these systems may be accessed. FEDERAL ALERTING AND WARNING SYSTEMS EAS EMERGENCY ALERT SYSTEM (PREVIOUSLY KNOWN AS THE EBS - EMERGENCY BROADCAST SYSTEM) The Emergency Alert System (EAS) is designed for the broadcast media to disseminate emergency public information. This system enables the President, and federal, state and local governments to communicate with the general public through commercial broadcast stations. This system uses the facilities and personnel of the broadcast industry on a volunteer basis. EAS is operated by the broadcast industry according to established and approved EAS plans, standard operating procedures and within the rules and regulations of the Federal Communications Commission (FCC).FCC rules and regulations require all participating stations with an EAS operating area to broadcast acommon program. Each broadcast station volunteers to participate in EAS and agrees to comply with established rules and regulations of the FCC. 54 P122 RANCHO CUCAMONGA Rancho Cucamonga Section 10 Emergency Operations Plan Public Information EAS can be accessed at federal, state, and local levels to transmit essential information to the public. Message priorities under Part 73.922(a) of the FCC's rules are as follows: • Priority One Presidential Messages (carried live) • Priority Two EAS Operational (Local) Area Programming • Priority Three State Programming • Priority Four National Programming and News Presidential messages, national programming and news will be routed over established network facilities of the broadcast industry. State programming will originate from the state operations center and will be transmitted through the state using the state's CLERS VHF/UHF radio relay stations. The FCC has established committees of broadcast industry personnel at each governmental level to develop EAS plans. These include: • Federal EAS Advisory Committee • State Emergency Communications Committee • Local Operational Area Emergency Communications Committee NAWAS NATIONAL WARNING SYSTEM NAWAS is a dedicated wire -line system that provides two-way voice communications between federal warning center, state warning points and local warning points. If the situation ever presents itself, NAWAS is a nationwide system developed to send warnings of impending attack throughout the nation. The system may be activated from two federal facilities that are staffed 24 hours daily: the National Warning Center (North American Air Defense Command, Colorado Springs) and the Alternate National Warning Center (Olney, Maryland). During major peacetime emergencies, state agencies may use portions of NAWAS augmented by state and local systems. Each state has a warning point that controls the NAWAS connection within the state. See State Level CALWAS for more information. TESTS NAWAS is tested three times daily at unscheduled times. The state warning point, OES, acknowledges the test for California. If OES does not respond, the alternate, CHP, will acknowledge the test. Immediately following the national test, the state NAWAS test is conducted. NWS NATIONAL WEATHER SERVICE The National Weather Service transmits continuous weather information on162.40, 162.475, and 162.55 MHZ frequencies. Weather Service Severe Weather Broadcasts are preceded with a 1,050 MHZ tone that activates weather monitor receivers equipped with decoders. The Weather Service can also access NAWAS to announce severe weather information. The City of Rancho Cucamonga emergency resources have access to Weather Radio via Dispatch. STATE ALERTING AND WARNING SYSTEMS EMERGENCY ALERT SYSTEM Each state has been divided into a number of EAS operational areas, consisting of one or more counties within radio reception range of EAS stations serving the area. California has thirty EAS Operational Areas (OA). Almost all AM -FM 55 P123 RANCHO CUCAMONGA Rancho Cucamonga Section 10 Emergency Operations Plan Public Information and TV broadcast stations have national defense emergency authorizations and several of these are protected from fallout. The purpose of EAS in California is to provide warning, emergency information, guidance, instructions and news of a manmade or natural threat to the public safety, health and welfare. One primary station in each OA assumes the function of the Common Program Control Broadcast Station for the OA. It is called the CPCS-1 station. If for any reason a CPCS-1 is unable to carry out this responsibility, either primary or alternate broadcast stations assigned as CPCS locations, will be activated in descending order. CPCS assignments are made by the FCC, not the State or local governments. Operational Areas are urged to develop EAS systems that employ a system whereby the local OES feeds all the radio stations simultaneously and not just the CPCS-1 station. Message priorities are as follows: • Priority One: Immediate and positive action without delay is required to save lives. • Priority Two: Actions required for the protection of property and instructions to the public requiring expedient dissemination. • Priority Three: Information to the public and all others. CALWAS CALIFORNIA WARNING SYSTEM CALWAS is the state portion of NAWAS that extends to communications and dispatch centers throughout the state. The CALEMA headquarters ties into the federal system through the Warning Center in Sacramento. Circuits then extend to county warning points. The California Highway Patrol headquarters in Sacramento is the state's alternate warning point. Both state and federal circuits are monitored 24 hours a day at the Warning Center, the alternate point and each of the local warning points. Counties not on this system will receive warning through other means (normally over the California Law Enforcement Immediately following the NAWAS test through the Warning Center, the state conducts the CALWAS test. On alternate Wednesdays, the alternate state warning point, CHP, conducts a test at 10:00 a.m. local time. Backup systems for CALWAS include: • CESFRS California Emergency Services Fire Radio System • CESRS California Emergency Services Radio System • CLEMARS California Law Enforcement Mutual Aid Radio System • CLERS California Law Enforcement Radio System • CLETS California Law Enforcement Telecommunications System EDIS EMERGENCY DIGITAL INFORMATION SYSTEM The EDIS provides local, state and federal agencies with a direct computer link to the news media and other agencies during emergencies. EDIS supplements existing emergency public information systems such as the Emergency Alert System. By combining existing data Input Networks with a digital radio Distribution System, EDIS gives authorized agencies a direct data link to the news media and other agencies. The main purpose of EDIS is to distribute official information to the public during emergencies. However, a system that is not used day-to-day will not be used with confidence during an emergency. Therefore, certain non -emergency uses of EDIS are permitted so long as they do not interfere with more urgent transmissions. EDIS may be used to transmit information in the following categories, listed in priority order: • FLASH Alerts and warning of immediate life -safety value to members of the public. 56 P124 RANCHO CUCAMONGA Rancho Cucamonga Section 10 Emergency Operations Plan Public Information • NEWS Information of immediate benefit to the public. Releases in this category may include reports of unusual natural, social or technological events; notices of government activities requiring specific action by members of the public; road and traffic information and instructions for those affected by an emergency. • INFO Advisory messages for coordination between government and the news media. Topics might include: times and locations of news briefings, schedules for media tours of emergency scenes, "pool coverage" arrangements, airspace restrictions. • TEST Transmissions to verify operation of equipment and for training of originating personnel. Senders of EDIS messages should bear in mind that almost anyone can obtain the equipment to receive EDIS messages. Confidential or sensitive information should never be transmitted over EDIS. (Reference: Emergency Digital Information System Plan [EDIS], July 1991, written by the OES Telecommunications Division) SAN BERNARDINO COUNTY OPERATIONAL AREA ALERTING, NOTIFICATION AND WARNING SYSTEMS CISN CALIFORNIA INTEGRATED SEISMIC NETWORK The CISN system is the product of a cooperative effort between the California Institute of Technology and the United States Geological Survey. Earthquake data is collected at Caltech Seismological Laboratory in Pasadena and is reduced to provide earthquake time, location and magnitude. This information is then transmitted to a commercial paging system where it is broadcast to government and private sector subscribers' paging units. These pagers may be carried by personnel or connected to a personal computer that receives the information and displays it on a map. The CISN project offers the following capabilities to government: • Automatically provides near real-time locations and magnitudes of earthquakes; • Automatically provides estimates of the distribution of ground shaking following significant earthquakes, and; • Warns of imminent ground shaking in the seconds following an earthquake, but before waves actually reach sites that may be damaged. EAS EMERGENCY ALERT SYSTEM (Previously known as EBS - Emergency Broadcast System) Emergency information is broadcast directly via the San Bernardino County Sheriff's Department frequency. A decoder is available to alert that an emergency broadcast is about to be transmitted to eliminate the need for constant monitoring of the Sheriff's frequency or broadcast stations. Examples of emergencies identified by San Bernardino County Operational Area which may warrant either immediate or delayed response under EAS by the broadcast industry are earthquake, serious fires, heavy rains and flooding, widespread power failures, severe industrial accidents and hazardous material accidents. The context of any emergency broadcast transmitted on EAS should be of concern to a significant segment of the population of San Bernardino County. EAS activation can be authorized by any one of the following parties: • Fire Chief of San Bernardino County or designate • Chairman of the San Bernardino County Board of Supervisors or designate • Mayor of the City of Rancho Cucamonga or Emergency Services Director • Chief of Police of the City of Rancho Cucamonga or designate 57 P125 RANCHO CUCAMONGA Rancho Cucamonga Section 10 Emergency Operations Plan Public Information • Authorized public official of the incorporated cities of San Bernardino County • Authorized representative of the National Oceanic and Atmospheric Administration (NOAA) The Fire Chief of San Bernardino County, while not the originator of the EAS material, is responsible for the content and authenticity of the information broadcast over the local EAS. Local broadcast stations have the right to edit or use any or all of an EAS broadcast. Any jurisdiction may make separate programming arrangements with any broadcast station independent of the EAS. RANCHO CUCAMONGA ALERTING AND WARNING SYSTEMS (See EOC Manual — Appendix - Operations/Alerting and Warning for Procedures) RANCHO CUCAMONGA TELEVISION (RCTV) The City maintains information on its Government Access Channel (Charter and Time Warner Cable Channel 3 RC - TV). Notifications of emergency information will be made regularly during an emergency. RADIO The City of Rancho Cucamonga utilizes EAS LP1- KFRG 95.1FM to provide the public with alert and notification of various disaster situations. CITY HALL OPERATOR During emergencies, the City may also staff phone bank personnel to assist the public with real-time information. This phone bank can be accessed by contacting City Hall at (909) 477-2700. SOCIAL MEDIA The City of Rancho Cucamonga utilizes Facebook and Twitter to provide the public with information. Follow the City of Rancho Cucamonga on Facebook and Twitter by visiting www.facebook.com/CityofRanchoCucamonga and http://twitter. co m/C ity0f RC. UNITED WAY 2-1-1 2-1-1 is a telephone -based system that connects people with important community services and volunteer opportunities. The implementation of 2-1-1was spearheaded by United Way and information and referral agencies in states and local communities. During times of disaster, 2-1-1 provides site-specific facts for individuals in need of road closure, shelter, utility availability, and other emergency information. OTHER ALERTING AND WARNING SYSTEM CONSIDERATIONS. Other warning systems utilized by the City of Rancho Cucamonga can include mobile emergency vehicle sirens and loudspeakers, helicopters using PA systems, local TV, radio, and law enforcement volunteers, cadets, reserve deputies/officers, and fire explorers and reserves. The City of Rancho Cucamonga does not maintain siren systems. The City of Rancho Cucamonga Police Department has the ability to provide a warning message as needed. 58 P126 RANCHO CUCAMONGA Rancho Cucamonga Section 10 Emergency Operations Plan Public Information 10.3 EMERGENCY CONDITIONS AND WARNING ACTIONS EARTH QUAK E Earthquakes occur without warning. The City of Rancho Cucamonga could receive notification of an earthquake as well as subsequent information, including damage reports, from various sources, such as: • University of California Seismological Observatory, Berkeley • California Institute of Technology, Pasadena • OES Regional Offices • Local Governments • Federal/State Agencies • Ontario Dispatch (above 4.0 Richter Scale earthquake) This information may be received through NAWAS, radio, teletype and/or telephone and would be further disseminated as appropriate using any or all of these means. The State Warning Center has a seismic alarm system that activates during earthquakes, prompting duty personnel to investigate the disturbance. FIRE Initial warnings of major conflagrations are normally issued by the affected area through the Operational Area and/or CALOES Regional Fire Coordinator, using whatever means of communications is appropriate and available. Requests for mutual aid follow the same channels. FLOOD A flood emergency is normally preceded by a buildup period that permits marshaling of forces as required to combat the emergency. During the buildup period, CALOES cooperates with the National Weather Service and the State Department of Water Resources by relaying pertinent weather information and river bulletins to local government officials in the affected areas. CALOES receives this information over selected circuits and relays it to CALOES Regions through the CALOES private line teletype system and to law enforcement agencies via CLETS. The city of Rancho Cucamonga accesses this information through the San Bernardino Operational Area as well as dispatch. FLOOD STAGES AND BULLETINS During periods of potential flooding in Southern California, the National Weather Service Forecast Office (San Diego) will issue the appropriate bulletins. After receiving these messages, the state Warning Center transmits these messages immediately on CLETS to local governments in areas that are likely to be affected. HAZARDOUS MATERIALS Potential hazardous materials situations are identified during the planning phase by the Administering Agency —San Bernardino County Fire Department. Area Plans address in detail the specifics for hazardous materials planning for the local area. (Reference: Hazardous Materials Area Plan.) Initial notifications of an incident are made by the responsible party or the responding agency to the California Warning Center in Sacramento at(800) 852-7550 as soon as the incident occurs. The California Warning Center then makes notifications to various state agencies and the regional duty officer. 59 P127 RANCHO CUCAMONGA Rancho Cucamonga Section 10 Emergency Operations Plan Public Information SEVERE WEATHER WARNING These include severe weather bulletins and statements relating to special weather conditions. Bulletins are issued by National Weather Service offices in California when severe weather is imminent. By agreement, the National Weather Service office issues the bulletin and transmits the information to the California Warning Center on the National Weather Service teletype circuit. The California Warning Center, in turn, relays the information to the affected areas. WIND Wind related warnings are in the same category as severe weather bulletins and statements relating to special weather conditions. Bulletins are issued by National Weather Service offices in California when severe weather is imminent. By agreement, the National Weather Service office issues the bulletin and transmits the information to the California Warning Center on the National Weather Service teletype circuit. The California Warning Center, in turn, relays the information to the affected areas. 60 P128 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 11 Functional Needs 11. FUNCTIONAL NEEDS The City of Rancho Cucamonga, valuing its diverse population and attending to all community needs, strives to comply with the Americans with Disability Act (ADA). This need became evident after significant challenges surfaced following the 1989 Loma Prieta Earthquake and the 1994 Northridge Earthquake. The City must ensure that disaster planning, response, and recovery takes into consideration the citizens highlighted in the Americans with Disability Act. To ensure inclusive disaster planning, the City of Rancho Cucamonga trains its city staff, including members of public safety divisions, in cultural sensitivity. This training ensures that employees are aware of the special needs of community members. The training provided by the Risk Management Department also ensures that employees understand the diversity within the disability community and the limitations placed on disabled citizens inappropriately by unfriendly community facilities and programs. To further strengthen disaster planning, emergency management will work with the public education division to ensure proper outreach to disability -focused agencies for cooperation, involvement, and insight. After a disaster strikes, response to citizens -in -need will be initiated without prejudice. However, ample opportunity for exclusion may surface when providing disabled citizens with critical needs such as shelter and important recovery information. The City will take the lead in establishing shelters, but will require large amounts of staff trained in Shelter Operations. Therefore, when establishing shelters, the City of Rancho Cucamonga will work closely with the American Red Cross, California Department of Social Services, County of San Bernardino Human Services, and the California Department of Rehabilitation to ensure that other response and recovery needs such as food, transportation, and communication are appropriately addressed. 61 P129 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 12 Continuity of Government 12. CONTINUITY OF GOVERNMENT A major disaster or national security emergency could result in the death or injury of key government officials and/or the partial or complete destruction of established seats of government, and public and private records essential to continued operations of government. Government at all levels is responsible for providing continuity of effective leadership, authority and adequate direction of emergency and recovery operations. Law and order must be preserved and government services maintained. Applicable portions of the California Government Code and the Constitution of the State of California provide authority for the continuity and preservation of local government. Continuity of leadership and government authority is particularly important with respect to emergency services, direction of emergency response operations, and management of recovery operations. To this end, it is particularly essential that the City of Rancho Cucamonga continues to function as a government entity. The California Government Code and the Constitution of California provide the authority for state and local governments to reconstitute themselves in the event incumbents are unable to serve. Under California's concept of mutual aid, local officials remain in control of their jurisdiction's emergency operations while others may provide additional resources upon request. A key aspect of this control is to be able to communicate official requests, situation reports, and other emergency information throughout any disaster situation. To ensure continuity of government seven elements must be addressed by government at all levels: • Succession of Officers • Seat of Government • Emergency Powers and Authority • Emergency Plans • Primary and Alternate Emergency Operations Center(s) • Preservation of Vital Records • Protection of Critical Infrastructure The California Government Code Section 8643(b) and the Constitution of California provide the authority for state and local government to reconstitute itself in the event incumbents are unable to serve. The City of Rancho Cucamonga Emergency Services Ordinance No. 104 designates the City Manager as the Director of Emergency Services and gives the authority to appoint an alternate at their direction. Powers and duties include but are not limited to: • Proclaim a local emergency • Request the Governor proclaim a "state of emergency" when local resources are inadequate to cope with the emergency • Control and direct the effort of the City's emergency organization • Direct cooperation between services and staff and resolve issues that arise between them • Represent the City in all dealings both public and private with regard to emergencies 12.1 ALTERNATE GOVERNMENT FACILITIES Section 23600 of the California Government Code provides, among other things: • The City Council shall designate alternative City seats, which may be located outside City boundaries. (Rea I property cannot be purchased for this purpose) • A resolution designating the alternate City seats must be filed with the Secretary of State. • Additional sites may be designated subsequent to the original site designations if circumstances warrant. 62 P130 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan • In the event the primary location is not usable because government will be as follows: o James L. Brulte Senior Center Central Park 11200 Baseline Rd. Rancho Cucamonga, CA 91730 Section 12 Continuity of Government of emergency conditions, the temporary seat of city 12.2 VITAL RECORD RETENTION The preservation of vital records is of high importance to the City of Rancho Cucamonga. The City has an established Records Management Program, which is tasked to manage City records efficiently and economically by reducing the amount of unnecessary records being stored; creating a Citywide Records Retention Program; establishing standards and procedures for storing records; and maintaining historical records of the City. The City Clerk is the designated custodian of vital records for the City of Rancho Cucamonga, and is responsible for the protection and recovery of vital records during and after an emergency. Vital records for the City of Rancho Cucamonga are stored off-site and in the City's electronic document management system. Vital records are defined as those records that are essential to: • Protect and preserve the rights and interests of individuals, governments, corporations and other entities. Records of this type would include authorizing legislation, land use, infrastructure engineering drawings, payroll, accounts receivable, and licenses. • Conduct emergency response and recovery operations. Records of this type would include utility system maps, locations of emergency supplies and equipment, emergency operations plans and procedures, and personnel rosters. • Reestablish normal governmental functions and protect the rights and interests of government. Records of this type would include the municipal code, minutes, resolutions, official proceedings, and financial records of the City. 63 P131 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 13 Recovery 13. RECOVERY OVERVIEW Recovery involves the restoration of services to the public and returning the affected area(s) to pre -emergency conditions. As the immediate threat to life, property, and the environment subsides, the rebuilding of Rancho Cucamonga will begin through various recovery activities. Typically, recovery activities will be both short-term and long-term, ranging from restoration of essential utilities such as water and power, to mitigation measures designed to prevent future occurrences of a given threat facing the city. Examples of recovery activities include: • Restoration of utilities; • Apply for state and federal assistance programs; • Provide public assistance information for disaster assistance; Conduct hazard mitigation analyses; • Identify residual hazards; and • Determine and recover costs associated with response and recovery. Short-term Recovery Short-term recovery operations will begin during the response phase of the emergency. The major objectives of short-term recovery operations include rapid and orderly debris removal and coordinated restoration of essential services (electricity, water and sanitary systems). Short-term recovery operations will include all the agencies participating in the City's disaster response. Structures that present public safety threats will be demolished and abated during short-term recovery operations. Long-term Recovery Long-term recovery continues the short-term recovery actions, but focuses on community restoration. Long-term recovery may continue for a number of months or years depending on the severity and extent of the damage sustained. These activities include those necessary to restore a community to a state of normalcy, given the changes that result from a major disaster. Long-term recovery activities require significant planning to maximize opportunities and mitigate risks after a major incident. 13.1 RECOVERY ORGANIZATION Federal and state response and recovery operations will be mutually coordinated to ensure effective mobilization of resources to and in support of the City in accordance with the California Catastrophic Incident Base Plan: Concept of Operations dated September 23, 2008. For the City, recovery operations will be managed and directed through the City Manager's Office. Recovery activities will be coordinated and managed by the City Manager and the Emergency Management Coordinator, along with the assistance of other designated City representatives. Designated City staff will assist in facilitating and leading the recovery process. City departments will also be represented and responsible for certain functions throughout the recovery process as shown below. The Operational Area plays a different role in recovery than in response. The Operational Area may act as an information and coordination point for its constituent jurisdiction; however, each local jurisdiction (rather than the Operational Area) works directly with state and federal recovery programs. 64 P132 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan SPECIAL. DISTRICTS REPRESENTATIVES OPERATIONS Environmental Reviews Debris Removal Demolition Construction Building and Safety Inspections Hazard Mitigation Projects RECOVERY MANAGEMENT City Management PLANNING' INTELLIGENCE — Land Use and Zoning — Building Permits — Building Regulations and Co de Enforcement — Code Enforcement — Plan Review — Redevelopment — Recovery Documentation Section 13 Recovery • Overall Recovery Management • Political Process Management • RecoveryPolicv Development • Recovery Decision Making • Public Information FINANCE / LOGISTICS ADMINISTRATION — Government Operations Personnel — Space Acquisition Public Finance — Supplies and Equipment Budgeting — Vehicles and Contracting Transportation Accounting and Claims Processing Taxation Insurance Settlements FIGLRE 16 - RECOVERY OPERATIONS ORGANIZATION 13.2 Recovery Damage Assessment The recovery damage/safety assessment is the basis for determining the type and amount of State and/or Federa I financial assistance necessary for recovery. City staff will complete a detailed damage/safety assessment and will forward this report to County OESfor inclusion in the County's IDE report. Building codes and land use regulations can reduce most of the structural damage that would otherwise result from a disaster. Nevertheless, damage will usually occur and a fast and accurate assessment of conditions is essential for immediate response and long-term recovery. Damage/safety assessment is a multi -agency responsibility. A summary of those responsibilities follows: • Superintendent of Schools - Condition of school buildings. • Public Works /Engineering - Assessment of flood control systems, structures and capabilities; damage related to debris; City transportation issues. • Cal Fire - Assessing situations where hazardous materials are involved. Also will provide initial surveys to assess damage, initiate initial life safety activity, and identify impacts to critical facilities. • Building and Safety - Perform detailed physical damage assessment on a building -by -building basis on non- governmental buildings. Coordinate engineering contract and volunteer services. 65 P133 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 13 Recovery • Administrative Services/Finance -Utilize damage assessment information to correlate, verify and document damage assessment losses in dollar values. Coordinate with other City Departments and various agencies. Provide financial basis for City claims for reimbursement from federal and state sources. • Public Works/Engineering - Responsible for both the initial and detailed assessment of all City buildings. • Sheriff - Provide initial assessment of damage observed, identify impacts to critical facilities and provide airborne surveillance where required. • General Services/Information Systems - Provide initial and detailed assessments of damage to City telecommunications systems. • General Services - Compile damage assessment data for transmission to County OA. 13.3 RECOVERY DOCUMENTATION Recovery Documentation and reporting are key to recovering eligible emergency response and recovery costs. Timely damage/safety assessments, documentation of all incident activities and accurate reporting will be critical in establishing the basis for eligibility of disaster assistance programs. The damage assessment documentation information should include the location and extent of damage and estimate of costs for: • Debris removal; • Pre and post photographs of the damage; • Emergency work; and • Repairing or replacing damaged facilities to a non -vulnerable and mitigated condition. • The cost of compliance with building codes for new construction, repair, and restoration will also be documented. The cost of improving facilities may be included under federal mitigation programs. Documentation is key to recovering expenditures related to emergency response and recovery operations. Documentation must begin at the field response level and continue throughout the operation of the EOC as the disaster unfolds. Included in the EOC Planning/Intelligence Section is a Documentation Branch that will coordinate the collection of all incident documentation for dissemination and filing. 13.4 RECOVERY AFTER -ACTION REPORTS SEMS regulations under Title IX, Division 2, Chapter 1, Section 2450(a) require any federal, state, or local jurisdiction proclaiming or responding to a Local Emergency for which the governor has declared a State of Emergency or State of War Emergency shall complete and transmit an AAR to Cal EMA within 90 days of the close of the emergency period. Upon completion of the AAR, corrective actions are identified to make recommendations for correcting problems noted in the response/recovery effort, or during exercises and training. Depending on the level of the AAR, corrective action may encompass anything from detailed recommendations for improving individual agency plans and procedures to broader system -wide improvements. Priority corrective actions are assigned to relevant stakeholders and tracked to ensure the identified problem has been addressed. The completion of After Action Reports is a part of the required SEMS reporting process. The Emergency Services Act, Section 8607(f) mandates that the State Office of Emergency Services (State OES) in cooperation with involved state and local agencies, complete an After Action Report within 120 -days after each declared disaster. Section 2450(a) of the SEMS Regulations states that "Any city, city and county, or county declaring alocal emergency for which the governor proclaims a state of emergency, and any state agency responding to that emergency shall complete and transmit an After Action Report to State OES within 90 -days of the close of the incident period as specified in the California Code of Regulations, section 2900(j)." 66 P134 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 13 Recovery Use of After -Action Reports After Action Reports (AARs) are made available to all interested public safety and emergency management organizations and serve the following important functions: • As a source for documentation of response activities. • Identifying problems/successes during emergency operations. • Analysis of the effectiveness of the components of SEMS. • Describe and define a plan of action for implementation of improvements. • The SEMS approach to the use of After Action Reports emphasizes the improvement of emergency management at all levels. The After Action Report provides a vehicle for not only documenting system improvements, but also can, if desired; provide a work plan for how these improvements can be implemented. Coordination It may be useful to coordinate the After Action Report process when multiple agencies/jurisdictions are involved in the same emergency. Jurisdictions are encouraged to work together in the development of After Action Reports when appropriate and feasible. For example, an OA may take the lead in coordinating the development of an After Action Report, which involves several jurisdictions. If appropriate, jurisdictional reports may become part of an overall OA report. Coordination is required in passing on information to and cooperating with other EOC Branches and elements of the emergency organization. The dissemination of information, establishment of priorities and distribution of resources cannot be done by any one person — and probably not by any one agency or department. A concerted effort on the part of many individuals in many agencies or departments will be required. 13.5 RECOVERY DISASTER ASSISTANCE INDIVIDUAL ASSISTANCE (IA) PROGRAMS Non-Governmenta I Organizations Assistance: Many NGOs, such as the American Red Cross, the Mennonite Disaster Services and the Salvation Army, provide recovery assistance to individuals, families and community organizations. This may include assistance for shelter, food, clothing, and housing reconstruction. • State Assistance: The state does not have authority to offer financial assistance to private sector disaster victims under the California Disaster Assistance Act (CDAA). However, Cal EMA actively coordinates with federal, state, local and NGOs to provide other types of recovery assistance to individuals, households, businesses and the agricultural community. Under the Welfare and Institutions Code, the California Department of Social Services (CDSS) is authorized to assist those who receive the maximum grant under the Federal Individuals and Households Program (IHP) and still have eligible losses as identified by the FEMA inspector. The State also has a variety of other programs and services to assist individuals, businesses, and farmers in recovering from a disaster. • FEMA Assistance: Under the Stafford Act, FEMA provides a wide range of programs for individuals and households. This assistance includes: o Housing Assistance: The IHP provides financial and direct assistance to eligible homeowners and renters displaced from their pre -disaster primary residence. 67 P135 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 13 Recovery o Other Needs Assistance: The IHP provides financial assistance for uninsured disaster related necessary expenses and serious needs, including personal property, medical, dental, and transportation expenses. o Additional Programs: Other Stafford Act Programs that may be made available as a result of a major disaster declaration includes: crisis counseling, disaster unemployment assistance, and lega I services. o Low -Interest Loans: The U.S. Small Business Administration (SBA) provides low-interest disaster loans to homeowners, renters, businesses and private non-profit organizations in declared disaster areas. Loans may be made for uninsured physical damage to homes, businesses and other properties, or for economic losses. Following Presidential disaster declarations, SBA implements its program in conjunction with FEMA's IA Stafford Act programs. When a Presidential disaster declaration is not viable or warranted or does not include IA due to the scope of the disaster, it may be appropriate for Cal EMA to coordinate requests for SBA assistance, since this can be done independently of a FEMA declaration. In order to pursue SBA assistance, the damage incurred by the community must meet certain minimum thresholds. o Agricultural Assistance: The U.S. Department of Agriculture (USDA) provides low- interest loans to farmers, ranchers, and aqua culturists for physical and/or crop production losses in areas designated a disaster by the Secretary of Agriculture. This designation may also follow a Presidential disaster declaration. As a result, the SBA may also provide economic injury disaster loans to small non-farm businesses, small agricultural cooperatives, and most private non-profit organizations of any size. PUBLIC ASSISTANCE (PA) PROGRAMS • State Assistance: The California Disaster Assistance Act (CDAA) authorizes the state to provide financial assistance for costs incurred by local governments as a result of a disaster. CDAA assistance may be implemented in circumstances when local resources are exceeded but the President does not declare an emergency or major disaster under the Stafford Act. In general, the state's share of work that is eligible under CDAA is no more than 75 percent of total state eligible costs. However, funding may vary with the type of disaster at the discretion of the Legislature. There are two levels of CDAA assistance: • Secretary's Concurrence: Under CDAA, the Cal EMA Secretary may concur with a local government request for state assistance independently of a Governor's Proclamation of a State of Emergency. A Secretary's Concurrence is limited to eligible permanent repair work. There is generally a 75%-25% cost share between state and local governments. • During a State of Emergency: When the Governor proclaims a State of Emergency, both emergency and permanent work is eligible for assistance. Again there is generally a 75%-25% cost share between state and local governments. • Federal Assistance: Under a declaration of emergency or major disaster, the President may designate certain counties in the affected areas as eligible for the Public Assistance (PA). Major assistance programs available under the Stafford Act are managed by FEMA: • EMA Public Assistance Grant Program: FEMA provides state agencies, local governments, tribal governments and certain private non-profit entities with federal grants to cover eligible disaster recovery work on a cost -share basis. In accordance with the Stafford Act, the federal cost share is a minimum of 75 percent. The State of California shares the remaining cost with the applicant. Eligible costs must be associated with: o Debris removal; 68 P136 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 13 Recovery o Emergency work necessary to save lives, protect public health and safety and protect property; o Restoration of damaged facilities, including buildings, equipment and infrastructure and also to pre -disaster design and function; and/or o Implementation of cost-effective hazard mitigation measures during repairs to damaged facilities to reduce the risk of future damage to those facilities. • Assistance to Tribal Governments: In accordance with the National Response Framework, the state coordinates with impacted tribal governments within the State and initiates requests for a Stafford Act Presidential declaration of an emergency or major disaster on behalf of an impacted tribe when appropriate. Within California, tribal governments may submit Requests for Public Assistance to Cal EMA, which reviews the requests and submits them to FEMA. FEMA may then work directly with the triba I governments as grantees. • Non -Stafford Act Programs: The federal government provides recovery assistance through authorities and programs outside of the Stafford Act. These programs may be implemented in conjunction with Stafford Act programs under a disaster declaration or separately. Depending on the program, the agencies may provide assistance directly to recipients or through another state agency besides Cal EMA. Examples include: o Federal Highway Administration: Under the Emergency Relief Program, the Federal Highway Administration (FHWA) provides assistance to the Department of Transportation (Caltrans) and local governments for damage to roads, bridges and other facilities on the federal -aid system. Caltrans implements this program on behalf of FHWA. o Natural Resources Conservation Service: Under the Emergency Watershed Protection Program, the Natural Resources Conservation Service (NRCS) provides assistance to state agencies and loca I governments for emergency work necessary to protect life, property and public health and safety in watersheds that have been damaged by a disaster, such as a wildfire or flood. o U.S. Army Corps of Engineers: Under the Rehabilitation and Inspection Program, the United State Army Corps of Engineers (USACE) provides assistance for flood fighting, emergency repair and repairs to damaged facilities. The USACE provides this assistance for levees and other flood control works that meet pre -disaster criteria for participation in the program. o U.S. Department of Housing and Urban Development: The United States Department of Housing and Urban Development's (HUD) Community Development Block Grants may be requested by state, local and tribal governments for a wide range of recovery purposes. o Congressional Appropriations: The U.S. Congress may make disaster -specific appropriations that allow federal agencies to provide assistance beyond existing authorities and programs. State coordination of this assistance depends on the nature of the appropriation and the federal agency that is charged with its implementation. HAZARD MITIGATION GRANT PROGRAM The Hazard Mitigation Grant Program (HMGP) provides grants to states and local governments to implement long- term hazard mitigation measures after a major disaster declaration. The purpose of the HMGP is to reduce the loss of life and property due to natural disasters and to enable mitigation measures to be implemented during the immediate recovery from a disaster. The HMGP is authorized under Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. 69 P137 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 13 Recovery The HMGP is only available to applicants that reside within a federally declared disaster area. Eligible applicants are: • State and local governments; • Indian tribes or other tribal organizations; and certain non-profit organizations. Although individuals may not apply directly to the state for assistance, local governments maysponsor an application on their behalf. The mount of funding available for the HMGP under a particular disaster declaration is limited. The program may provide a state with up to 7.5 percent of the total disaster grants awarded by the Federal Emergency Management Agency (FEMA). States that meet higher mitigation planning criteria may qualify for a higher percentage under the Disaster Mitigation Act of 2000. FEMA can fund up to 75 percent of the eligible costs of each project. The grantee must provide a 25 percent match. 70 P138 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 14 Administration & Logistics 14. ADMINISTRATION AND LOGISTICS An Emergency Operations Plan lays the groundwork for emergency operations. However, having a plan does not in itself enable the City of Rancho Cucamonga to respond effectively to a disaster. Experience shows that if responders do not fully understand procedures or responsibilities, serious problems will arise during efforts to respond to an incident. To implement this Plan, therefore, emergency staff and disaster support agencies must also be trained in the plan's overall concept, their own responsibilities under it, and the procedures it sets forth. Training helps ensure that response agencies fully understand the plan. A plan is necessary but alone is not a sufficient management tool. It can generate consensus about the need to take specific actions and commit to specific programs. But to manage emergencies effectively, the plan must be regularly updated, monitored, and evaluated. It must also be supplemented by Standard Operating Procedures (SOPs) that ensure its requirements are being addressed. Additionally, it must be implemented, whether through regulation, budgets, or ongoing decision-making. The implementation process necessary to make this Plan of use should be three-dimensional: it should take advantage of the broad range of training and informational resources available via the federal and state governments, and the Internet; it should include function -specific training based upon SOPs; and it should reach not only response agencies but the general population. Whereas training and information from federal, state or Internet sources is fairly general, the primary goal of an internal training program is to ensure that response agencies fully understand, and can act on, the roles assigned to them in the Plan. The third dimension of training is that designed for the community at large. For a response effort to be effective, citizens must know the proper responses to disasters and must also follow instructions. In addition to the training efforts stated above, the implementation activities must include correction of capability shortfalls. Correction of capability shortfalls should be a planned multi-year effort to ensure that capability targets are being met and that response capability is not degraded. 14.1 ADMINISTRATION The following functions will be performed before, during and after an emergency: • Submit situation reports, requests for assistance and damage assessment reports to the San Bernardino County Operational Area (OA). • The San Bernardino County OA will forward reports and requests for assistance to CaIOES. • The City will utilize pre -established bookkeeping and accounting methods to track and maintain records of expenditures and obligations. • Narrative and written log -type records of response actions will be kept by the City. The logs and records will form the basis for status reports to the County OA/CaIOES. • The City will make reports to the County by the most practical means and in a timely manner. • All written records, reports and other documents will follow the principles of NIMS. The City of Rancho Cucamonga incorporates the following administrative actions prior to an emergency: • An established written Emergency Operations Plan (EOP) and Standard Operating Procedures (SOPs); • Track emergency services training records; • Document drills and exercises to include the critiques; and • Include non-government organizations in the City's emergency planning activities. 71 P139 RANCHO CUCAMON"GA Rancho Cucamonga Emergency Operations Plan The administrative actions during and after an emergency include: Section 14 Administration & Logistics • Maintenance of written log -type records; • Issuance of press releases; • Submission of status reports, requests for assistance and initial damage assessment requests to the OA EOC; • Utilize pre -established accounting methods to track and maintain records of expenditures and obligations; and • Document recovery operations. 14. 2 LOGISTICS The City of Rancho Cucamonga incorporates the following logistics before an emergency: • Acquiring and typing City equipment; • Stockpiling supplies; • Designating emergency facilities, such as shelter sites; • Establish mutual aid agreements • Prepare a resource contact list. Logistics during an emergency include: • Move emergency equipment into place; • Arrange for food and transportation; • Arrange for shelter facilities; • If needed, call on mutual aid; and • If needed, provide backup power and communications. 72 RANCHO CUCAMONGA Rancho Cucamonga Section 15 Emergency Operations Plan Plan Maintenance 15. EMERGENCY PLAN MAINTENANCE AND DISTRIBUTION 15.1 PLAN MAINTENANCE The plan will be reviewed as necessary to ensure that plan elements are valid and current. Each responsible department or agency will review and upgrade its portion of the plan and/or modify its SOP as required based on identified deficiencies experienced in drills, exercises or actual occurrences. Changes in government structure and emergency response organizations will also be considered in the plan revisions. The plan will be evaluated through actual use, trainings, and exercises. The results of the evaluations will be gathered and reviewed by the Emergency Management Coordinator. The Emergency Management Coordinator is responsible for making revisions to the Emergency Operations Plan that will enhance the conduct of response and recovery operations. The Emergency Management Coordinator will be responsible for preparing, coordinating, publishing and distributing any necessary changes to the plan to all City departments and other agencies. The Emergency Management Coordinator will also review documents that provide the legal basis for emergency planning to ensure conformance to SEMS/NIMS requirements and modify as necessary. 15. 2 RECORD OF CHANGES Record corrections and updates on this page as provided by the City's Emergency Management Coordinator. The Emergency Management Coordinator will maintain the official copy of the Emergency Operations Plan. Date Basic Plan Section Pages Description 73 P140 RANCHO CUCAMONGA Rancho Cucamonga Section 15 Emergency Operations Plan Plan Maintenance 15.3 RECORD OF DISTRIBUTION Location Internal Departments # Copies Animal Care and Services Director 1 Building and Safety City Council/Mayor Building Official 1 City Manager City Manager Deputy City Manager -Administrative Services Deputy City Manager -Civic And Cultural Services Deputy City Manager -Economic and Community Development Communications Manager City Attorney Deputy City Attorney 1 1 1 1 1 1 1 Community Services Department Community Services Director 1 Elected Officials City Council/Mayor 1 Engineering Department Engineering Services Director 1 Fire Department Fire Chief Deputy Chief -Administrative Services Deputy Chief -Operations Battalion Chiefs Emergency Management Coordinator Emergency Operations Center Copies 74 1 1 1 1 1 P141 RANCHO CUCAMONGA Rancho Cucamonga Section 15 Emergency Operations Plan Plan Maintenance Location Fire Station Libraries # Copies 1 Library Library Services Director 1 Planning Department Planning Director 1 Police Department Police Chief Lieutenant -Administration 1 1 Public Works Department Public Works Services Director 1 Records Management Assistant City Clerk/Records Manager Assistant City Clerk Deputy City Clerk 1 1 1 External Agencies San Bernardino County Operational Area Office of Emergency Services 75 1 P142 P143 RANCHO CUCAMONGA Rancho Cucamonga Section 16 Emergency Operations Plan SOP Development 16. STANDARD OPERATING PROCEDURES (SOP) DEVELOPMENT The Standard Operating Procedures (SOPs) for Rancho Cucamonga are published separately to support the Emergency Operations Plan (EOP). The SOPs detail how a particular function or task will be carried out during an emergency. They include: • Guidance information; • Responsibilities of responding employees/agencies; Procedures; • Personnel Assignments; • Contact Lists; Equipment Lists; and Forms. Itis the responsibility of the City's Emergency Management Coordinator working with the various City Departments and other agencies to update the SOPs on an as needed basis. 76 P144 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Section 17 Training and Exercises 17. TRAINING AND EXERCISES The City's Emergency Management Coordinator is responsible for coordination and scheduling of training and exercising of this plan. The City of Rancho Cucamonga's Emergency Management Organization will conduct regular exercises of this plan to train all necessary City staff in the proper response to disaster situations. An exercise is a simulation of a series of emergencies for identified hazards affecting the City. During these exercises, emergency response organizations are required to respond as though a real emergency had occurred. The public will be made aware of these exercises through normal media communications. The appropriate SEMS/NIMS/ICStraining, will be provided to all potential responders, commensurate with individual responsibilities. Exercises will be conducted utilizing the concepts and principles of the SEMS/NIMS. Training and exercises are essential at all levels of government to make emergency operations personnel operationally ready. All emergency plans should include provision for training. The objective is to train and educate public officials, emergency response personnel and the public. The best method for training staff to manage emergency operations is through exercises. The exercises are designed around the concepts of both the Standardized Emergency Management System and the National Incident Management System. In addition, the City is dedicated to adhering to the U.S. Department of Homeland Security's Homeland Security Exercise and Evaluation Program (HSEEP) - a capabilities and performance-based exercise program that provides a standardized methodology and terminology for exercise design, development, conduct, evaluation, and improvement planning. The Homeland Security Exercise and Evaluation Program (HSEEP) constitutes a national standard for all exercises. Through exercises, the National Exercise Program supports organizations to achieve objective assessments of their capabilities so that strengths and areas for improvement are identified, corrected and shared as appropriate prior to a real incident. Exercises are conducted on a regular basis to maintain the readiness of operational procedures. Exercises provide personnel with an opportunity to become thoroughly familiar with the procedures, facilities and systems which will actually be used in emergency situations. There are several forms of exercises: • Tabletop exercises provide a convenient and low-cost method designed to evaluate policy, plans and procedures and resolve coordination and responsibilities. Such exercises are a good way to see if policies and procedures exist to handle certain issues. • Functional exercises are designed to test and evaluate the capability of an individual function such as evacuation, medical, communications or public information. • Full-scale exercises simulate an actual emergency. They typically involve complete emergency management staff and are designed to evaluate the operational capability of the emergency management system. 77 I RANCHO UUCAMONGA Rancho Cucamonga Emergency Operations Plan APPENDICES 78 Appendices P145 P146 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan APPENDIX 1 AUTHORITIES AND REFERENCES Appendix 1 Authorities and References GENERAL The California Emergency Services Act (Chapter 7 of Division 1 of Title 2 of the Government Code), hereafter referred to as the Act, provides the basic authorities for conducting emergency operations following a proclamation of Loca I Emergency, State of Emergency or State of War Emergency by the Governor and/or appropriate local authorities, consistent with the provisions of the Act. The Standardized Emergency Management System (SEMS) Regulations (Chapter 1 of Division 2 of Title 19 of the California Code of Regulations), hereafter referred to as SEMS, establishes the SEM S to provide an effective response to multi -agency and multi -jurisdiction emergencies in California. SEMS is based on the Incident Command System (ICS) adapted from the system originally developed by the Firefighting Resources of California Organized for Potentia I Emergencies (FIRESCOPE) program. SEMS incorporates the use of ICS, the Master Mutual Aid Agreement and existing mutual aid systems, the Operational Area concept, multi -agency or inter -agency coordination and OASIS. Homeland Security Presidential Directive 5 (HSPD 5) directed the United States Department of Homeland Security (USDHS) to lead a coordinated national effort with other federal departments and agencies and State, Local and Tribal governments to establish a National Response Plan (NRP) and the National Incident Management System. NIMS requires: 1) institutionalizing the Incident Command System, 2)incorporating NIMS into training and exercises, 3) incorporation of NIMS principles in Emergency Operations Plans, 4) local recognition of NIMS and adoption of NIMS principles and policies, 5) delivery of NIMS-mandated training courses to those individuals who may be involved in a future emergency response. NIMS standard incident management structure is based on three key organizational systems: 1. The Incident Command System (ICS), which defines the operating characteristics, management components, and structure of incident management organizations throughout the life cycle of an incident 2. Multi -agency Coordination Systems, which define the operating characteristics, management components, and organizational structure of supporting entities 3. Public Information Systems, which include the processes, procedures, and systems for communicating timely and accurate information to the public during emergency situations The California Emergency Plan, which is promulgated by the Governor, is published in accordance with the Act and provides overall statewide authorities and responsibilities, and describes the functions and operations of government at all levels during extraordinary emergencies, including wartime. Section 8568 of the Act states, in part, that "the State Emergency Plan shall be in effect in each political subdivision of the state, and the governing body of each political subdivision shall take such action as may be necessary to carry out the provisions thereof'. Loca I emergency plans are, therefore, considered to be extensions of the California Emergency Plan. In 2005, the California Emergency Plan was updated to be compliant with the National Incident Management System. The California Civil and Government Codes contain several references to liability release (Good Samaritan Act) for those providing emergency services. 79 P147 RANCHO CuCAMONGA Rancho Cucamonga Emergency Operations Plan Appendix 1 Authorities and References AUTHORITIES The following provides emergency authorities for conducting and/or supporting emergency operations: FEDERAL • Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 (Public Law 93-288, as amended) • Federal Civil Defense Act of 1950 (Public Law 920), as amended • NRT-1, Hazardous Materials Emergency Planning Guide and NRT-1A Plan Review Guide (Environmental Protection Agency's National Response Team) • National Incident Management System (Homeland Security Presidential Directive5) STATE Standardized Emergency Management System (SEMS) Regulations (Chapter 1 of Division 2 of Title 19 of the California Code of Regulations) and (Government Code Section 8607(a) Standardized Emergency Management System (SEMS) Guidelines. • California Emergency Services Act (Chapter 7 of Division 1 of Title 2 of the Government Code). • "Good Samaritan" Liability • California Emergency Plan • California Natural Disaster Assistance Act (Chapter 7.5 of Division 1 of Title 2 of the Government Code) • California Hazardous Materials Incident Contingency Plan • California Health and Safety Code, Division 20, Chapter 6.5, Sections 25115 and25117, Chapter 6.95, Sections 2550 et seq., Chapter 7, Sections 25600 through25610, dealing with hazardous materials • Orders and Regulations which may be Selectively Promulgated by the Governor during a State of Emergency • Orders and Regulations Promulgated by the Governor to Take Effect upon the • Existence of a State of War Emergency • California Master Mutual Aid Agreement • Disaster Assistance Procedure Manual (CALEMA) • California Emergency Resources Management Plan • California Law Enforcement Mutual Aid Plan • California Fire and Rescue Operations Plan LOCAL • Emergency Services Ordinance adopted by the City Council (Ordinance No. 104, May 21, 1980) • Resolution adopting the Master Mutual Aid Agreement (Resolution No. 77-14) • Resolution adopting Workmen's Compensation Benefits for Disaster Service Workers (Resolution No. 82- 62) • Resolution adopting the Emergency Operations Plan (Resolution No. 01-065) • Resolution adopting the National Incident Management System (Resolution No.06-060) • San Bernardino County Operational Area Emergency Operations Plan • City of Rancho Cucamonga City Charter • City of Rancho Cucamonga Emergency Operations Center Activation Policy (#400-01) 80 P148 RANCHO CUCAMONGA Rancho Cucamonga Appendix 2 Emergency Operations Plan Glossary of Terms APPENDIX 2 GLOSSARY OF TERMS Action Plan (AP): See EOC Action Plan and Incident Action Plan. Activation: 1) Initial activation of an EOC may be accomplished by a designated official of the emergency response agency that implements SEMS as appropriate to accomplish the agency's role in response to the emergency. 2) An event in the sequence of events normally experienced during most emergencies. After -Action Report (AAR): A report that examines response actions, application of SEMS, modifications to plans and procedures, training needs and recovery activities. After action reports are required under SEMS after any emergency that requires a declaration of an emergency. Reports must be submitted within 90 days to Cal EMA. Agency: A division of government with a specific function offering a particular kind of assistance. In the Incident Command System (ICS), agencies are defined either as jurisdictional (having statutory responsibility for incident management) or as assisting or cooperating (providing resources or other assistance). Governmental organizations are most often in charge of an incident, though in certain circumstances private sector organizations may be included. Additionally, Non-Governmenta I Organizations (NGOs) may be included to provide support. All -Hazards: Any incident, natural or manmade, that warrants action to protect life, property, environment, public health or safety and minimize disruptions of government, social, or economic activities. California Disaster and Civil Defense Master Mutual Aid Agreement (MMAA): An agreement entered into by and between the State of California, its various departments and agencies and the various political subdivisions, municipal corporations and public agencies of the State of California to assist each other by providing resources during an emergency. Mutual Aid occurs when two or more parties agree to furnish resources and facilities and to render services to each other in response to any type of disaster or emergency. California Emergency Functions (CA -EF): The California Emergency Functions are a grouping of state agencies, departments and other stakeholders with similar functional activities/responsibilities whose responsibilities lend to improving the state's ability to collaboratively prepare for, effectively mitigate, cohesively respond to and rapidly recover from any emergency. California Emergency Functions unify a broad-spectrum of stakeholders with various capabilities, resources and authorities to improve collaboration and coordination for a particular discipline. They also provide a framework for the state government to support regional and community stakeholder collaboration and coordination at all levels of government and across overlapping jurisdictional boundaries. California Emergency Services Act (ESA): An Act within the California Government Code to insure that preparations within the state will be adequate to deal with natural, manmade, or war -caused emergencies which result in conditions of disaster or in extreme peril to life, property and the natural resources of the state and generally to protect the health and safety and preserve the lives and property of the people of the state. Catastrophe: Any natural or manmade incident, including terrorism that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, national morale, and/or government functions. Command: The act of directing, ordering, or controlling by virtue of explicit statutory, regulatory, or delegated authority. 81 P149 RANCHO CUCAMONGA Rancho Cucamonga Appendix 2 Emergency Operations Plan Glossary of Terms Command/Management: Command is responsible for the directing, ordering, and/or controlling of resources at the field response level. Management is responsible for overall emergency policy and coordination at the SEMS EOC levels. Command Post: See Incident Command Post. Command Staff: The Command Staff at the SEMS Field Level consists of the Information Officer, Safety Officer and Liaison Officer. They report directly to the Incident Commander. They may have an assistant or assistants, as needed. These officers are also found at the EOC levels in SEMS and they report directly to the EOC Director and comprise the Management Staff. They may have an assistant or assistants, as needed. Common Terminology: Normally used words and phrases -avoids the use of different words/phrases for same concepts, consistency, to allow diverse incident management and support organizations to work together across a wide variety of incident management functions and hazard scenarios. Communications: Process of transmission of information through verbal, written, or symbolic means. Continuity of Government (COG): Activities that address the continuance of constitutional governance. COG planning aims to preserve and/or reconstitute the institution of government and ensure that a department or agency's constitutional, legislative, and/or administrative responsibilities are maintained. This is accomplished through succession of leadership, the pre- delegation of emergency authority and active command and control during response and recovery operations. Continuity of Operations (COOP): Planning should be instituted (including all levels of government) across the private sector and non-governmental organizations as appropriate, to ensure the continued performance of core capabilities and/or critical government operations during any potential incident. Coordination: The process of systematically analyzing a situation, developing relevant information and informing appropriate command authority of viable alternatives for selection of the most effective combination of available resources to meet specific objectives. The coordination process (which can be either intra -or inter -agency) does not involve dispatch actions. However, personnel responsible for coordination may perform command or dispatch functions within the limits established by specific agency delegations, procedures, legal authority, etc. Multiagency or Interagency coordination is found at all SEMS levels. Coordination Center: Term used to describe any facility that is used for the coordination of agency or jurisdictional resources in support of one or more incidents. Corrective Actions: Implementing procedures that are based on lessons learned from actual incidents or from training and exercises. Cost Unit: Functional unit within the Finance/Administration Section responsible for tracking costs, ana lyzing cost data, making cost estimates and recommending cost-saving measures. Critical Infrastructure: Systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters. Cyber Threat: An act or threat that poses potentially devastating disruptions to critical infrastructure, including essential communications such as voice, email and Internet connectivity 82 P150 RANCHO CUCAMON'GA Rancho Cucamonga Appendix 2 Emergency Operations Plan Glossary of Terms Cyber Security: The protection of data and systems in networks that are connected to the Internet, including measures to protect critical infrastructure services. These services may include essential communications such as voice, email and internet connectivity. Demobilization: The orderly, safe and efficient return of an incident resource to its original location and status. Department Operations Center (DOC): An Emergency Operations Center (EOC), specific to a single department or agency. Their focus is on internal agency incident management and response. They are often linked to and, in most cases, are physically represented in a combined agency EOC by authorized agent(s) for the department or agency. Disaster: A sudden calamitous emergency event bringing great damage loss or destruction. Division: The partition of an incident into geographical areas of operation. Divisions are established when the number of resources exceeds the manageable span of control of the Operations Section Chief. A Division is located within the ICS organization between the Branch and resources in the Operations Section. Documentation Unit: Functional unit within the Planning/Intelligence Section responsible for collecting, distributing, recording and safeguarding all documents relevant to an incident or within an EOC. Emergency: Any incident(s), whether natural or manmade, that requires responsive action to protect life or property. Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, an emergency means any occasion or instance for which, in the determination of the President, federal assistance is needed to supplement state and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. Emergency Management Assistance Compact (EMAC): A congressionally ratified organization that provides form and structure to interstate mutual aid. Through EMAC, a disaster -affected state can request and receive assistance from other member states quickly and efficiently, resolving two key issues upfront: liability and reimbursement. Emergency Management Community: The stakeholders in emergency response in California including the residents of California, the private sector and federal, state, local and tribal governments. Emergency Operations Center (EOC): The physical location at which the coordination of information and resources to support incident management (on -scene operations) activities normally takes place. An EOC may be a tempora ry facility or may be located in a more central or permanently established facility, perhaps at a higher level of organization within ajurisdiction. EOC may be organized by major functional disciplines (e.g., fire, law enforcement and medical services), by jurisdiction (e.g., federal, state, regional, tribal, city, county), or some combination thereof. Emergency Operations Plan: The ongoing plan maintained by various jurisdictional levels for responding to a wide variety of potential hazards. Emergency Resource Directory (ERD): A directory containing information on agency or organization personnel emergency certifications and qualifications and vendor and support organization supplies, equipment, etc. that may be needed during an emergency. Supplies and equipment can include such items potable water tenders, portable toilets, heavy equipment, prepared meals, bulk foodstuffs, cots, rental office trailers, etc. To the extent possible and when appropriate, equipment should be typed by capability according to a common and accepted typing schematic. Emergency resource directories should only include those items likely to be needed by the preparing agency or organization in the performance of their duties and should not attempt to include everything that may be needed in any emergency. 83 P151 RANCHO CUCAMONGA Rancho Cucamonga Appendix 2 Emergency Operations Plan Glossary of Terms Emergency Response Agency: Any organization responding to an emergency, or providing mutual aid support to such an organization, whether in the field, at the scene of an incident, or to an operations center. Emergency Response Personnel: Personnel affiliated with or sponsored by emergency response agencies. EOC Action Plan: The plan developed atSEMS EOC levels, which contains and supporting information for the next operational period. Essential Facilities: Police, fire, emergency operations centers, schools, have a role in an effective and coordinated emergency response. Evacuation: Organized, phased and supervised withdrawal, dispersal, potentially dangerous areas and their reception and care in safe areas. Federal: Of or pertaining to the federal government of the United States of America. Finance/Administration Section: The section responsible for all administrative and financial considerations surrounding an incident or EOC activation. objectives, actions to be taken, assignments medical facilities and other resources that or removal of civilians from dangerous or Function: Function refers to the five major activities in ICS: Command, Operations, Planning, Logistics and Finance/Administration. The same five functions are also found at all SEMS EOC Levels. At the EOC, the term Management replaces Command. The term function is also used when describing the activity involved, (e.g. the planning function). A sixth function, Intelligence/Investigations, may be established, if required, to meet emergency management needs. Group: Established to divide the incident management structure into functional areas of operation. Groups are composed of resources assembled to perform a special function not necessarily within a single geographic division. Groups, when activated, are located between branches and resources in the Operations Section. See Division. Hazard: Something that is potentially dangerous or harmful, often the root cause of an unwanted outcome. Incident: An occurrence or event, natural or manmade, which requires a response to Incidents can, for example, include major disasters, emergencies, terrorist attacks, terrorist land and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft hurricanes, tornadoes, tropical storms, tsunamis, war- related disasters, public health and other occurrences requiring an emergency response. protect life or property. threats, civil unrest, wild - accidents, earthquakes, medical emergencies and Incident Action Plan (IAP): An oral or written plan containing general objectives reflecting the overall strategy for managing an incident. It may include the identification of operational resources and assignments. It may also include attachments that provide direction and important information for management of the incident during one or more operational periods. At the SEMS EOC level it is called the EOC Action Plan. Incident Base: The location at which primary Logistics functions for an incident are coordinated and administered. There is only one base per incident. (Incident name or other designator will be added to the term base.) The Incident Command Post may be co -located with the Base. Incident Command: Responsible for overall management of the incident and consists of the Incident Commander, either single or unified command, and any assigned supporting staff. 84 P152 RANCHO CUCAMONGA Rancho Cucamonga Appendix 2 Emergency Operations Plan Glossary of Terms Incident Commander (IC): The individual responsible for all incident activities, including the development of strategies and tactics and the ordering and the release of resources. The IC has overall authority and responsibility for conducting incident operations and is responsible for the management of all incident operations at the incident site. Incident Command Post (ICP): The field location where the primary functions are performed. The ICP may be co - located with the incident base or other incident facilities. Incident Command System (ICS): A standardized on -scene emergency management construct specifically designed to provide for the adoption of an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. ICS is the combination of facilities, equipment, personnel, procedures and communications operating within a common organizational structure, designed to aid in the management of resources during incidents. It is used for all kinds of emergencies and is applicable to small as well as large and complex incidents. ICS is used by various jurisdictions and functional agencies, both public and private, to organize field -level incident management operations. Information: Pieces of raw, unanalyzed data that identifies persons, evidence, events; or illustrates processes that specify the occurrence of an event. May be objective or subjective and is intended for both internal analysis and external (news media) application. Information is the "currency" that produces intelligence. Intelligence: Product of an analytical process that evaluates information collected from diverse sources, integrates the relevant information into a cohesive package and produces a conclusion or estimate. Information must be real, accurate and verified before it becomes intelligence for planning purposes. Intelligence relates to the specific details involving the activities of an incident or EOC and current and expected conditions and how they affect the actions taken to achieve operational period objectives. Intelligence is an aspect of information. Intelligence is primarily intended for internal use and not for public dissemination. Intelligence/Investigations: Intelligence gathered within the Intelligence/Investigations function is information that either leads to the detection, prevention, apprehension and prosecution of criminal activities (or the individual(s) involved) including terrorist incidents or information that leads to determination of the cause of a given incident (regardless of the source) such as public health events or fires with unknown origins. This is different from the norma I operational and situational intelligence gathered and reported by the Planning Section. Interoperability: Allows emergency management/response personnel and their affiliated organizations to communicate within and across agencies and jurisdictions via voice, data, or video -on -demand, in real-time, when needed and when authorized. Joint Information Center (JIC): A facility established to coordinate all incident -related public information activities. It is the central point of contact for all news media. Public information officials from all participating agencies should co -locate at the JIC. Joint Information System (JIS): Integrates incident information and public affairs into a cohesive organization designed to provide consistent, coordinated, accurate, accessible, timely and complete information during crisis or incident operations. The mission of the JIS is to provide a structure and system for developing and delivering coordinated interagency messages; developing, recommending and executing public information plans and strategies on behalf of the IC; advising the IC concerning public affairs issues that could affect a response effort; and controlling rumors and inaccurate information that could undermine public confidence in the emergency response effort. 85 P153 RANCHO CUCAMONGA Rancho Cucamonga Appendix 2 Emergency Operations Plan Glossary of Terms Jurisdiction: A range or sphere of authority. Public agencies have jurisdiction at an incident related to their lega I responsibilities and authority. Jurisdictional authority at an incident can be political or geographical (e.g., federal, state, tribal and local boundary lines) or functional (e.g., law enforcement, public health). Key Resources: Any publicly or privately controlled resources essential to the minimal operations of the economy and government. Liaison: A form of communication for establishing and maintaining mutual understanding and cooperation. Liaison Officer: A member of the Command Staff (Management Staff at the SEMS EOC Levels) responsible for coordinating with representatives from cooperating and assisting agencies or organizations. At SEMS EOC Levels, reports directly to the EOC Director and coordinates the initial entry of Agency Representatives into the Operations Center and also provides guidance and support for them as required. Local Government: According to federal code30 a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under state law), regional or interstate government entity, or agency or instrumentality of a local government; an Indian tribe or authorized tribal entity, or in Alaska a Native village or Alaska Regional Native Corporation; a rural community, unincorporated town or village, or other public entity. Logistics: Providing resources and other services to support incident management. Logistics Section: The section responsible for providing facilities, services and material support for an incident or EOC activation. Management Staff: See Command Staff. Mitigation: Provides a critical foundation in the effort to reduce the loss of life and property from natural and/or manmade disasters by avoiding or lessening the impact of a disaster and providing value to the public by creating safer communities. Mitigation seeks to fix the cycle of disaster damage, reconstruction and repeated damage. These activities or actions, in most cases, will have a long-term sustained effect. Mobilization: The process and procedures used by all organizations—federal, state, tribal and local -for activating, assembling and transporting all resources that have been requested to respond to or support an incident. Mobilization Center: An off -emergency location where emergency services personnel and equipment may be temporarily located, pending assignment to emergencies, release, or reassignment. Multiagency or Inter -Agency Coordination: The participation of agencies and disciplines involved at any level of the SEMS organization working together in a coordinated effort to facilitate decisions for overall emergency response activities, including the sharing of critical resources and the prioritization of incidents. Multiagency Coordination Group (MAC Group): Typically, administrators/executives, or their appointed representatives, who are authorized to commit agency resources and funds, are brought together and form MAC Groups. MAC Groups may also be known as multiagency committees, emergency management committees, or as otherwise defined by the System. It can provide coordinated decision making and resource allocation among cooperating agencies and may establish the priorities among incidents, harmonize agency policies and provide strategic guidance and direction to support incident management activities. 86 P154 RANCHO CUCAMONGA Rancho Cucamonga Appendix 2 Emergency Operations Plan Glossary of Terms Multiagency Coordination System(s) (MACS): Multiagency coordination systems provide the architecture to support coordination for incident prioritization, critical resource allocation, communications systems integration and information coordination. The elements of multiagency coordination systems include facilities, equipment, personnel, procedures and communications. Two of the most commonly used elements are EOC and MAC Groups. These systems assist agencies and organizations responding to an incident. Mutual Aid Agreements and/or Assistance Agreements: Written or oral agreements between and among agencies/organizations and/or jurisdictions that provide a mechanism to quickly obtain emergency assistance in the form of personnel, equipment, materials and other associated services. The primary objective is to facilitate rapid, short-term deployment of emergency support prior to, during, and/or after an incident. Mutual Aid Coordinator: An individual at local government, Operational Area, Region or State Level that is responsible to coordinate the process of requesting, obtaining, processing and using mutual aid resources. Mutual Aid Coordinator duties will vary depending upon the mutual aid system. Mutual Aid Region: A mutual aid region is a subdivision of Cal EMA established to assist in the coordination of mutual aid and other emergency operations within a geographical area of the state, consisting of two or more Operational Areas. National: Of a nationwide character, including the federal, state, tribal and local aspects of governance and policy. National Incident Management System (NIMS): Provides a systematic, proactive approach guiding government agencies at all levels, the private sector and non-governmental organizations to work seamlessly to prevent, protect against, respond to, recover from and mitigate the effects of incidents, regardless of cause, size, location, or complexity, in order to reduce the loss of life or property and harm to the environment. National Response Framework (NRF): A guide to how the nation conducts all -hazards incident management. Non-governmental Organization (NGO): An entity with an association that is based on the interests of its members, individuals, or institutions. It is not created by a government, but it may work cooperatively with the government. Such organizations serve a public purpose, not a private benefit. Examples of NGO include faith -based charity organizations and the American Red Cross. Officer: 1) The ICS title for the personnel responsible for the Command Staff (Management Staff at EOC) positio ns of Safety, Liaison and Public Information. 2) One who holds an office or post; especially one elected or appointed to a position of authority or trust in a corporation, government, institution, etc. Operational Area (OA): An intermediate level of the state emergency organization, consisting of a county and all other political subdivisions within the geographical boundaries of the county. Operational Period: The time scheduled for executing a given set of operation actions, as specified in the Incident Action Plan. Operational periods can be of various lengths, although usually they last 12-24 hours. Operations Section: The section responsible for all tactical incident operations and implementation of the Incident Action Plan. In ICS, it normally includes subordinate branches, divisions, and/or groups. At the SEMS EOC levels the section is responsible for the coordination of operational activities. The Operations Section at an EOC contains branches, groups or units necessary to maintain appropriate span of control. 87 P155 RANCHO CUCAMONGA Rancho Cucamonga Appendix 2 Emergency Operations Plan Glossary of Terms Organization: Any association or group of persons with like objectives. Examples include, but are not limited to, governmental departments and agencies, private sector, and/or non- governmental organizations. Planning Section: The section responsible for the collection, evaluation and dissemination of operational information related to the incident or EOC activities and for the preparation and documentation of the IAP or EOC action plan respectively. This section also maintains information on the current and forecasted situation and on the status of resources assigned to the incident or EOC activation. Political Subdivisions: Includes any city, city and county, county, tax or assessment district, or other legally authorized local governmental entity with jurisdictional boundaries. Preparedness: A continuous cycle of planning, organizing, training, equipping, exercising, evaluating and taking corrective action in an effort to ensure effective coordination during incident response. Within NIMS, preparedness focuses on the following elements: planning, procedures and protocols, training and exercises, personnel qualification and certification and equipment certification. Prevention: Actions to avoid an incident or to intervene to stop an incident from occurring. Prevention involves actions to protect lives and property. It involves applying intelligence and other information to a range of activities that may include such countermeasures as deterrence operations; heightened inspections; improved surveilla nce and security operations; investigations to determine the full nature and source of the threat; public health and agricultural surveillance and testing processes; immunizations, isolation, or quarantine; and, as appropriate, specific law enforcement operations aimed at deterring, preempting, interdicting, or disrupting illegal activity and apprehending potential perpetrators and bringing them to justice. Private Sector: Organizations and entities that are not part of any governmental structure. The private sector includes for-profit and not-for-profit organizations, formal and informal structures, commerce and industry. Protocols: Sets of established guidelines for actions (which may be designated by individuals, teams, functions, or capabilities) under various specified conditions. Public Information: Processes, procedures and systems for communicating timely, accurate and accessible information on the incident's cause, size and current situation; resources committed; and other matters of genera I interest to the public, responders and additional stakeholders (both directly affected and indirectly affected). Public Information Officer (P10): A member of the Command Staff (Management Staff at the SEMS EOC Levels) responsible for interfacing with the public and media and/or with other agencies with incident -related information requirements. Recovery: The development, coordination and execution of service- and site -restoration plans; the reconstitution of government operations and services; individual, private—sector, non- governmental and public assistance programs to provide housing and to promote restoration; long-term care and treatment of affected persons; additional measures for social, political, environmental and economic restoration; evaluation of the incident to identify lessons learned; post incident reporting; and development of initiatives to mitigate the effects of future incidents. Recovery Plan: A plan developed to restore the affected area or community. Region Emergency Operations Center (REOC): Facilities found at Cal EMA Administrative Regions. REOC provide centralized coordination of resources among Operational Areas within their respective regions and between the Operational Areas and the State Level. 88 P156 RANCHO CUCAMONGA Rancho Cucamonga Appendix 2 Emergency Operations Plan Glossary of Terms Reimbursement: Provides a mechanism to recoup funds expended for incident -specific activities. Resource Management: Efficient emergency management and incident response requires a system for identifying available resources at all jurisdictional levels to enable timely and unimpeded access to resources needed to prepa re for, respond to, or recover from an incident. Resource management under NIMS includes mutual aid agreements and assistance agreements; the use of special federal, state, tribal and local teams; and resource mobilization protocols. Resources: Personnel and major items of equipment, supplies and facilities available or potentially available for assignment to incident operations and for which status is maintained. Resources are described by kind and type and may be used in operational support or supervisory capacities at an incident or at an EOC. Response: Activities that address the short-term, direct effects of an incident. Response includes immediate actions to save lives, protect property and meet basic human needs. Response also includes the execution of EOP and of mitigation activities designed to limit the loss of life, personal injury, property damage and other unfavora ble outcomes. As indicated by the situation, response activities include applying intelligence and other information to lessen the effects or consequences of an incident; increased security operations; continuing investigations into nature and source of the threat; ongoing public health and agricultural surveillance and testing processes; immunizations, isolation, or quarantine; and specific law enforcement operations aimed at preempting, interdicting, or disrupting illegal activity and apprehending actual perpetrators and bringing them to justice. Response Personnel: Includes federal, state, territorial, tribal, sub -state regional and local governments, private sector organizations, critical infrastructure owners and operators, NGO and all other organizations and individuals who assume an emergency management role. Also known as an Emergency Responder. Safety Officer: A member of the Command Staff (Management Staff at the SEMS EOC Levels) responsible for monitoring incident operations and advising the 'Con all matters relating to operational safety, including the health and safety of emergency responder personnel. The Safety Officer may have assistants. Section: 1) The organizational level having responsibility for a major functional area of incident or EOC Management, (e.g. Operations, Planning, Logistics, Finance/Administration) and Intelligence/ Investigations (if established). The section is organizationally situated between the branch and the Incident Command. 2) A separate part or division as: a. a portion of a book, treatise, or writing. b. A subdivision of a chapter. c. A division of law. Situation Report: Often contain confirmed or verified information regarding the specific details relating to the incident. Span of Control: The number of resources for which a supervisor is responsible, usually expressed as the ratio of supervisors to individuals. (Under NIMS, an appropriate span of control is between 1:3 and 1:7, with optimal being 1:5.) Special District: A unit of local government (other than a city, county, or city and county) with authority or responsibility to own, operate and maintain systems, programs, services, or projects (as defined in California Code of Regulations (CCR) Section 2900(s) for purposes of natural disaster assistance. This may include a joint powers authority established under Section 6500 et. seq. of the Code. Stafford Act: The Robert T. Stafford Disaster Relief and Emergency Assistance Act establishes the programs and processes for the federal government to provide disaster and emergency assistance to states, local governments, tribal nations, individuals and qualified private nonprofit organizations. The provisions of the Stafford Act cover all - 89 P157 RANCHO CUCAMONGA Rancho Cucamonga Appendix 2 Emergency Operations Plan Glossary of Terms hazards including natural disasters and terrorist events. Relevant provisions of the Stafford Act include a process for Governors to request federal disaster and emergency assistance from the President. The President may declare a major disaster or emergency. Staging Area: Established on an incident for the temporary location of available resources. A Staging Area can be any location on an incident in which personnel, supplies and equipment can be temporarily housed or parked while awaiting operational assignment. Standard Operating Procedure (SOP): Complete reference document or an operations manual that provides the purpose, authorities, duration and details for the preferred method of performing a single function or a number of interrelated functions in a uniform manner. Standardized Emergency Management System (SEMS): A system required by California Government Code and established by regulations for managing response to multiagency and multijurisdictiona l emergencies in California. SEMS consists of five organizational levels, which are activated as necessary: Field response, Local Government, Operational Area, Region and State. Standardized Emergency Management System (SEMS) Guidelines: The SEMS guidelines are intended to assist those responsible for planning, implementing and participating in SEMS. Standardized Emergency Management System (SEMS) Regulations: Regulations establishing the Standardized Emergency Management System (SEMS) based upon the Incident Command System (ICS) adapted from the system originally developed by the Firefighting Resources of California Organized for Potential Emergencies (FIRESCOPE) program including those currently in use by state agencies, the Multiagency Coordination System (MACS) as developed by FIRESCOPE program, the Operational Area concept and the Master Mutual Aid Agreement and related mutual aid systems. Regulations are found at TITLE 19. DIVISION 2. Chapter 1, §2400 et. seq. State: When capitalized, refers to any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. See Section 2 (14), Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135 (2002). State Operations Center (SOC): The SOC is operated by the California Emergency Management Agency at the State Level in SEMS. It is responsible for centralized coordination of state resources in support of the three Cal EMA Administrative Regional Emergency Operations Centers (REOCs). It is also responsible for providing updated situation reports to the Governor and legislature. Strategy: The general plan or direction selected to accomplish incident objectives. System: An integrated combination of people, equipment and processes that work in a coordinated manner to achieve a specific desired output under specific conditions. Technical Assistance: Support provided to state, tribal and local jurisdictions when they have the resources but lack the complete knowledge and skills needed to perform a required activity (such as mobile -home park design or hazardous material assessments). Technical Specialists: Personnel with special skills that can be used anywhere within the SEMS organization. No minimum qualifications are prescribed, as technical specialists normally perform the same duties during an incident that they perform in their everyday jobs and they are typically certified in their fields or professions. 90 P158 RANCHO CUCAMONGA Rancho Cucamonga Appendix 2 Emergency Operations Plan Glossary of Terms Terrorism: Under the Homeland Security Act of 2002, terrorism is defined as activity that involves an act dangerous to human life or potentially destructive of critical infrastructure or key resources; is a violation of the criminal laws of the United States or of any state or other subdivision of the United States in which it occurs; and is intended to intimidate or coerce the civilian population, or influence or affect the conduct of a government by mass destruction, assassination, or kidnapping. See Section 2 (15), Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135 (2002). Threat: An indication of possible violence, harm, or danger. Tools: Those instruments and capabilities that allow for the professional performance of tasks, such as information systems, agreements, doctrine, capabilities and legislative authorities. Tribal: Any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native Village as defined in or established pursuant to the Alaskan Native Claims Settlement Act (85 stat. 688) [43 U.S.C.A. and 1601 et seq.]. Type: 1) An ICS resource classification that refers to capability. Type 1 is generally considered to be more capable than Types 2, 3, or 4, respectively, because of size, power, capacity, or (in the case of incident management teams) experience and qualifications. 2) A class, kind, or group sharing one or more characteristics; category. 3) A variety or style of a particular class or kind of things. Unified Command: An ICS application used when more than one agency has incident jurisdiction or when incidents cross political jurisdictions. Agencies work together through the designated members of the UC, often the senior person from agencies and/or disciplines participating in the UC, to establish a common set of objectives and strategies and a single IAP. Unit: The organizational element with functional responsibility for a specific incident planning, logistics, or finance/administration activity. Vital Records: The essential agency records that are needed to meet operational responsibilities under national security emergencies or other emergency or disaster conditions (emergency operating records), or to protect the legal and financial rights of the Government and those affected by Government activities (legal and financial rights records). Volunteer: For purposes of NIMS, a volunteer is any individual accepted to perform services by the lead agency (which has authority to accept volunteer services) when the individual performs services without promise, expectation, or receipt of compensation for services performed. See 16 U.S.C. 742f(c) and 29 CFR 553.101. 91 P159 Rancho Cucamonga Appendix 3 Emergency Operations Plan After Action Report Survey Template APPENDIX 3 AFTER ACTION REPORT SURVEY TEMPLATE AFTER ACTION/CORRECTIVE ACTION (AA/CA) REPORT SURVEY TEMPLATE for response to (EVENT NAME) (This AA/CA Report template can be used for a declared, un -declared, or pre planned event, an exercise, and/or training for SEMS/NIMS compliance). Federally funded exercises: Completed AA/CA reports completed in this MS Word template can be attached to the Department of Homeland Security, Grants and Training, ODP Secure Portal. GENERAL INFORMATION Information Needed Text goes in text boxes below. Name of Agency: Type of Agency:* (Select one) *City, County, Operational Area (OA), State agency (State), Federal agency (Fed), special district, Tribal Nation Government, UASI City, non-governmental or volunteer organization, other. OFS Admin Region: (Coastal, Inland, or Southern) Completed by: Date report completed: Position: (Use SEMS/NIMS positions) Phone number: Email address: Dates and Duration of event: (Beginning and ending date of response or exercise activities - using mm/dd /yyyy) Type of event, training, or exercise:* * Actual event, table top, functional or full scale exercise, pre -identified planned event, training, seminar, workshop, drill, or game. 92 P160 RANCHO CuCAMONGA Rancho Cucamonga Appendix 3 Emergency Operations Plan After Action Report Survey Template Hazard or Exercise Scenario:* *Avalanche, Civil Disorder, Dam Failure, Drought, Earthquake, Fire (structural), Fire (Woodland), Flood, Landslide, Mudslide, Terrorism, Tsunami, Winter Storm, chemical, biological release/threat, radiological release/threat, nuclear release/threat, explosive release/threat, cyber, or other/specify. SEMS/NIMS FUNCTION EVALUATION MANAGEMENT (Public Information, Safety, Liaison, etc.) Satisfactory Needs Improvement Overall Assessment of Function (check one) If "needs improvement" please briefly describe improvements needed: Planning Training Personnel Equipment Facilities FIELD COMMAND (Use for Assessment of Field Operations, Le., Fire, Law Enforcement, etc.) Satisfactory Overall Assessment of Function (check one) If "needs improvement" please briefly describe improvements needed: Planning Training Personnel Equipment Facilities Needs Improvement OPERATIONS (Law Enforcement, Fire/Rescue, Me dical/Health, etc.) Overall Assessment of Function (check one) 93 Satisfactory Needs Improvement P161 RANCHO CuCAMONGA Rancho Cucamonga Appendix 3 Emergency Operations Plan After Action Report Survey Template If "needs improvement" please briefly describe improvements needed: Planning Training Personnel Equipment Facilities PLANNING/INTELLIGENC E (Situation Analysis, Documentation, GIS, etc.) Satisfactory Overall Assessment ofFunction (check one) If "needs improvement" please briefly describe improvements needed: Planning Training Personnel Equipment Facilities Needs Improvement LOGISTICS (Services, Support, Facilities, etc.) Satisfactory Overall Assessment ofFunction (check one) If "needs improvement" pl a ase briefly de scribe improvements needed: Planning Training Personnel Equipment Facilities Needs Improvement FINANCE/ADMINISTRATION (Purchasing, Cost Unit, etc.) Satisfactory Needs Improvement 94 P162 I Rancho Cucamonga Appendix 3 Emergency Operations Plan After Action Report Survey Template Overall Assessment of Function (check one) If "needs improvement" please briefly describe improvements needed: Planning Training Personnel Equipment Facilities AFTER ACTION REPORT QUESTIONNAIRE (The responses to these questions can be used for additional SEMS✓NIMS evaluation) Response/Performance Assessment Questions YES NO Comments 1. Were procedures established and in place for response to the disaster? 2. Were procedures used to organize initial and ongoing response activities? 3. Was the ICS used to manage field response? 4. Was Unified Command considered or used? 5. Was the EOC and/or DOC activated? 6. Was the EOC and/or DOC organized according to SEMS? 7. Were sub -functions in the EOC/DOC armed around the five SEMS functions? 8. Were response personnel in the EOC/DOC trained for their assigned position? 9. Were action plans used in the EOC/DOC? 10. Were action planning processes used at the field response level? 11. Was there coordination with volunteer agencies such as the Red Cross? 12. Was an Operational Area EOC activated? 13. Was Mutual Aid requested? 14. Was Mutual Aid received? 15. Was Mutual Aid coordinated from the EOC/DOC? 95 P163 I Rancho Cucamonga Appendix 3 Emergency Operations Plan After Action Report Survey Template 16. Was an inter -agency coordination group established at the EOC/DOC level? Were they involved with the shift briefings? 17. Were communications established and maintained between agencies? 18. Was the public alerted and warnings conducted according to procedure? 19. Was public safety and disaster information coordinated with the media through the JIC? 20. Were risk and safety concerns addressed? 21. Did event use Emergency Support Function (ESF) effectively and did ESF have clear understanding of local capability? 22. Was communications inter -operability an issue? Additional Questions 23. What response actions were taken by your agency? Include such things as mutual aid, number of personnel, equipment and other resources. Note: Provide statistics on number of personnel and number/type of equipment used during this event. Describe response activities in some detail. 24. As you responded, was there any part of SIMS/NIMS that did not work for your agency? If s o, how would (did) you change the systemto meet your needs? 96 P164 I Rancho Cucamonga Appendix 3 Emergency Operations Plan After Action Report Survey Template 25. As a result of your response, did you identify changes needed in your plans or procedures? Please provide a brief explanation. 26. As a result of your response, please identify any specific areas needing training and guidance that are not covered in the current SIMS Approved Course of Instruction or SEMS Guidelines. 27. If applicable, what recovery activities have you conducted to date? Include such things as damage assessment surveys, hazard mitigation efforts, reconstruction activities, and claims filed. NARRATIVE Use this section for additional comments. 97 P165 RANCHO CucAMONGA Rancho Cucamonga Appendix 3 Emergency Operations Plan After Action Report Survey Template POTENTIAL CORRECTIVE ACTIONS Identify issues, recommended solutions to those issues, and agencies that might be involved in implementing these recommendations. Address any problems noted in the SEMS/NIMS Function Evaluation. Indicate whether issues are an internal agency specific or have broader implications for emergency management. (Code: I= Internal; R =Regional, for example, OES Mutual Aid Region, Administrative Regions, geographic regions, S=Statewide implications) Code Issue or Problem Statement Corrective Action / Improvement Plan Agency(s)/ Depts. To Be Involved Point of Contact Name / Phone Estimated Date of Completion 98 P166 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist APPENDIX 4 STANDARDIZED EMERGENCY MANAGEMENT SYSTEM EOC POSITION CHECKLISTS The following checklists are extracted from the state planning guide SEMS Local Government EOC Position Checklists. They are based on the generic SEMS operating structure shown below. The EOC Director may alter this generic structure as needed based on operational requirements. Liaison • Agency Representatives Operations — Fire & Rescue Branch • Fire Operations Unit • Disaster Medical Unit • HazMat Unit — Law Enforcement Branch • L.E. Operations Unit • Coroner/Fatalities Mgmt. Unit ** • Search & Rescue Unit — Construction/Engineering Branch • Utilities Unit • Damage/Safety Assessment Unit • Public Works Unit _Health & Welfare Branch • Care & Shelter Unit • Public Health Unit Planning/ Intelligence EOC Director - EOC Coordinator — Safety Officer — Security Officer — Public Information • Rumor Control — Situation Analysis Unit — Documentation Unit — Advance Planning Unit — Demobilization Unit — Technical Specialists 99 Officer* Logistics — Communications Branch • Communications Unit • Information Systems Unit — Transportation Unit — Personnel Unit — Supply/Procurement Unit — Facilities Unit Resource Status Unit Finance/ Administration — Time Keeping Unit — Compensation & Claims Unit — Purchasing Unit — Recovery Unit P167 RANCHO CUCAMONGA Activation Phase: Rancho Cucamonga Emergency Operations Plan Generic Checklist (For All Positions) Appendix 4 SEMS Checklist ❑ Check in with the Personnel Unit (in Logistics) upon arrival at the EOC. ❑ Report to EOC Director, Section Chief, Branch Coordinator, or other assigned Supervisor. ❑ Set up your workstation and review your position responsibilities. ❑ Establish and maintain a position log which chronologically describes your actions taken during your shift. ❑ Determine your resource needs, such as a computer, phone, plan copies, and other reference documents. ❑ Ensure RIMS (Response Information Management System) is operational. Demobilization Phase: ❑ Deactivate your assigned position and close out logs when authorized by the EOC Director. o Complete all required forms, reports, and other documentation. All forms should be submitted through your supervisor to the Planning/Intelligence Section, as appropriate, prior to your departure. o Be prepared to provide input to the after -action report. o If another person is relieving you, ensure they are thoroughly briefed before you leave your work station. o Clean up your work area before you leave. ❑ Leave a forwarding phone number where you can be reached. 100 P168 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Management Section EOC Director Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Establish the appropriate Staffing level for the EOC and continuously monitor organizational effectiveness ensuring that appropriate modifications occur as required. 2. Exercise overall management responsibility for the coordination between Emergency Response Agencies within the Operational Area. In conjunction with the General Staff, set priorities for response efforts. Ensure that all agency actions are accomplished within the priorities established. 3. Ensure that Inter -Agency Coordination is accomplished effectively within the EOC. Activation Phase: ❑ Determine appropriate level of activation based on situation as known. ❑ Mobilize appropriate personnel for the initial activation of the EOC. ❑ Respond immediately to EOC site and determine operational status. ❑ Obtain briefing from whatever sources are available. ❑ Ensure that the EOC is properly set up and ready for operations. ❑ Ensure that an EOC check-in procedure is established immediately. ❑ Ensure that an EOC organization and staffing chart is posted and completed. ❑ Determine which sections are needed, assign Section Chiefs as appropriate and ensure they are staffing their sections as required. o Operations Section Chief o Logistics Section Chief o Planning/Intelligence Section Chief o Finance/Administration Chief o 0 Determine which Management Section positions are required and ensure they are filled as soon as possible. o Liaison Officer o EOC Coordinator o Public Information Branch Coordinator o Safety Officer o Security Officer ❑ Ensure that telephone and/or radio communications with Operational Area EOC are established and functioning. ❑ Schedule the initial Action Planning meeting. ❑ Confer with the General Staff to determine what representation is needed at the EOC from other emergency response agencies. 101 P169 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist ❑ Assign a liaison officer to coordinate outside agency response to the EOC, and to assist as necessary in establishing an Interagency Coordination Group. Operational Phase: ❑ Monitor general staff activities to ensure that all appropriate actions are being taken. ❑ In conjunction with the Public Information Unit, conduct news conferences and review media releases for final approval, following the established procedure for information releases and media briefings. o Ensure that the Liaison Officer is providing for and maintaining effective interagency coordination. o Based on current status reports, establish initial strategic objectives for the City EOC. o In coordination with Management Staff, prepare management function objectives for the initial Action Planning Meeting. o Convene the initial Action Planning meeting. Ensure that all Section Chiefs, Management Staff, and other key agency representatives are in attendance. Ensure that appropriate Action Planning procedures are followed. (Refer to Planning/Intelligence Section, "Action Planning Job Aid." Ensure the meeting is facilitated appropriately by the Planning/Intelligence Section. o Once the Action Plan is completed by the Planning/Intelligence Section, review, approve and authorize its implementation. o Conduct periodic briefings with the general staff to ensure strategic objectives are current and appropriate. o Conduct periodic briefings for elected officials or their representatives. o Formally issue Emergency Proclamation for the City, and coordinate local government proclamations with other emergency response agencies, as appropriate. o Brief your relief at shift change, ensuring that ongoing activities are identified and follow-up requirements are known. Demobilization Phase: ❑ Authorize demobilization of sections, branches and units when they are no longer required. ❑ Notify the Operational Area EOC, and other appropriate organizations of the planned demobilization, as appropriate. ❑ Ensure that any open actions not yet completed will be handled after demobilization. ❑ Ensure that all required forms or reports are completed prior to demobilization. ❑ Be prepared to provide input to the after action report. ❑ Deactivate the City EOC at the designated time, as appropriate. ❑ Proclaim termination of the emergency response and proceed with recovery operations. 102 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan EOC Coordinator (ESC) Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Facilitate the overall functioning of the EOC. 2. Assist and serve as an advisor to the EOC Director and General Staff as needed, providing information and guidance related to the internal functions of the EOC and ensure compliance with operational area emergency plans and procedures. 3. Assist the Liaison Officer in ensuring proper procedures are in place for directing agency representatives and conducting VIP/visitor tours of the EOC. Activation Phase: ❑ Follow generic Activation Phase Checklist. ❑ Assist the EOC Director in determining appropriate staffing for the EOC. ❑ Provide assistance and information regarding section staffing to all general staff. Operational Phase: ❑ Assist the EOC Director and the General Staff in developing an overall strategic objectives as well as section objectives for the Action Plan. ❑ Advise the EOC Director on procedures for enacting emergency proclamations, emergency ordinances and resolutions, and other legal requirements. ❑ Assist the Planning/Intelligence Section in the development, continuous updating, and execution of the EOC Action Plan. ❑ Provide overall procedural guidance to General Staff as required. ❑ Provide general advice and guidance to the EOC Director as required. ❑ Ensure that all notifications are made to the Operational Area EOC. ❑ Ensure that all communications with appropriate emergency response agencies is established and maintained. ❑ Assist EOC Director in preparing for and conducting briefings with Management Staff, the City Council, the media, and the general public. ❑ Assist the EOC Director and Liaison Officer, in establishing and maintaining an Interagency Coordinatio n Group comprised of outside agency representatives and executives not assigned to specific sections within the EOC. ❑ Assist the Liaison Officer with coordination of all EOC visits. ❑ Provide assistance with shift change activity as required. Demobilization Phase: ❑ Follow generic Demobilization Phase Checklist. 103 P170 P171 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Public Information Branch Coordinator Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Serve as the coordination point for all media releases. 2. Represent the jurisdiction as the lead Public Information Officer. 3. Ensure that the public within the affected area receives complete, accurate, and consistent information about life safety procedures, public health advisories, relief and assistance programs and other vital information. 4. Coordinate media releases with Public Information Officers representing other affected emergency response agencies within the Operational Area as required. 5. Develop the format for press conferences, in conjunction with the EOC Director. 6. Maintaining a positive relationship with the media representatives. 7. Supervising the Public Information Branch. Activation Phase: o Follow generic Activation Phase Checklists. o Determine staffing requirements and make required personnel assignments for the Public Information Branch as necessary. Operational Phase: o Obtain policy guidance from the EOC Director with regard to media releases. o Keep the EOC Director advised of all unusual requests for information and of all major critical or unfavorable media comments. Recommend procedures or measures to improve media relations. ❑ Coordinate with the Situation Status Unit and identify method for obtaining and verifying significa nt information as it is developed. ❑ Develop and publish a media briefing schedule, to include location, format, and preparation and distribution of hand-out materials. ❑ Implement and maintain an overall information release program. ❑ Establish a Media Information Center, as required, providing necessary space, materials, telephones, and electrical power. o Maintain up-to-date status boards and other references at the media information center. o Provide adequate staff to answer questions from members of the media. o Interact with other City EOC as well as Operational Area EOC PlOs and obtain information relative to public information operations. ❑ Develop content for state Emergency Alert System (EAS) releases if available. ❑ Monitor EAS releases as necessary. ❑ In coordination with other EOC sections and as approved by the EOC Director, issue timely and consistent advisories and instructions for life safety, health, and assistance for the public. 104 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist o At the request of the EOC Director, prepare media briefings for members of the City Council and provide other assistance as necessary to facilitate their participation in media briefings and press conferences. o Ensure that a rumor control function is established to correct false or erroneous information. o Ensure that adequate staff is available at incident sites to coordinate and conduct tours of the disaster areas. o Provide appropriate staffing and telephones to efficiently handle incoming media and public calls. o Prepare, update, and distribute to the public a Disaster Assistance Information Directory, which contains locations to obtain food, shelter, supplies, health services, etc. o Ensure that announcements, emergency information and materials are translated and prepared for specia I populations (non-English speaking, hearing impaired etc.). o Monitor broadcast media, using information to develop follow-up news releases and rumor control. o Ensure that file copies are maintained of all information released. o Provide copies of all media releases to the EOC Director. o Conduct shift change briefings in detail, ensuring that in -progress activities are identified and follow-up requirements are known. o Prepare final news releases and advise media representatives of points -of -contact for follow-up stories. Demobilization Phase: o Follow generic Demobilization Phase Checklist. 105 P172 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Rumor Control Unit Leader Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Provide staffing for rumor control telephone bank. 2. Establish a "Disaster Hotline" with an up-to-date recorded message. 3. Supervise the Rumor Control Unit. Activation Phase: ❑ Follow generic Activation Phase Checklist. Operational Phase: ❑ Obtain "confirmed" disaster information. ❑ Operate a telephone bank for receiving incoming inquiries from the general public. ❑ Correct rumors by providing factual information based on confirmed data. ❑ Establish a "Disaster Hotline" recorded message and provide updated message information periodically. ❑ Refer inquiries from member of the media to the lead Public Information Officer or designated staff. Demobilization Phase: ❑ Follow generic Demobilization Phase Checklist. 106 P173 P174 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Liaison Officer Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Oversee all liaison activities, including coordinating outside agency representatives assigned to the EOC and handling requests from other EOCs for EOC agency representatives. 2. Establish and maintain a central location for incoming agency representatives, providing workspace and support as needed. 3. Ensuring that position specific guidelines, policy directives, situation reports, and a copy of the EOC Action Plan is provided to Agency Representatives upon check-in. 4. In conjunction with the EOC Coordinator, provide orientations for VIPs and other visitors to the EOC. 5. Ensuring that demobilization is accomplished when directed by the EOC Director. Activation Phase: ❑ Follow generic Activation Phase Checklist. ❑ Obtain assistance for your position through the Personnel Unit in Logistics, as required. Operational Phase: ❑ Contact Agency Representatives already on-site, ensuring that they: • Have signed into the EOC, • Understand their assigned functions, • Know their work locations, • Understand EOC organization and floor plan. ❑ Determine if additional representation is required from: • Other agencies, • Volunteer organizations, • Private organizations, • Utilities not already represented. ❑ In conjunction with the EOC Director and EOC Coordinator, establish and maintain an Interagency Coordination Group comprised of outside agency representatives and executives not assigned to specific sections within the EOC. ❑ Assist the EOC Director and EOC Coordinator in conducting regular briefings for the Interagency Coordination Group and with distribution of the current EOC Action Plan and Situation Report. ❑ Request that Agency Representatives maintain communications with their agencies and obtain situation status reports regularly. ❑ With the approval of the EOC Director, provide agency representatives from the EOC to other EOCs as required and requested. 107 P175 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist ❑ Maintain a roster of agency representatives located at the City EOC. Roster should include assignment within the EOC (Section or Interagency Coordination Group). Roster should be distributed internally on a regular basis. Demobilization Phase: ❑ Follow generic Demobilization Phase Checklist ❑ Release agency representatives that are no longer required in the City EOC when authorized by the EOC Director. 108 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Agency Representatives Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Agency Representatives should be able to speak on behalf of their agencies, within established policy limits, acting as a liaison between their agencies and the EOC. 2. Agency Representatives may facilitate requests to or from their agencies, but normally do not directly act on or process resource requests. 3. Agency Representatives are responsible for obtaining situation status information and response activities from their agencies for the EOC. Activation Phase: ❑ Follow generic Activation Phase Checklist. ❑ Check in with the Liaison Officer and clarify any issues regarding your authority and assignment, including the functions of other representatives from your agency (if any) in the EOC. o Establish communications with your home agency; notify the Logistics Section Communications Unit and the Liaison Officer of any communications problems. o Unpack any materials you may have brought with you and set up your assigned station, request through the Liaison Officer and/or Logistics to obtain necessary materials and equipment. o Obtain an EOC organization chart, floor plan, and telephone list from the Liaison Officer. o Contact the City EOC sections or branches that are appropriate to your responsibility; advise them of your availability and assigned work location in the EOC. Operational Phase: o Facilitate requests for support or information that your agency can provide. o Keep current on the general status of resources and activity associated with your agency. o Provide appropriate situation information to the Planning/Intelligence Section. o Represent your agency at planning meetings, as appropriate, providing update briefings about your agency's activities and priorities. o Keep your agency executives informed and ensure that you can provide agency policy guidance and clarification for the EOC Director as required. o On a regular basis, inform your agency of the City EOC priorities and actions that may be of interest. o Maintain logs and files associated with your position. Demobilization Phase: o Follow generic Demobilization Phase Checklist. 109 P176 P177 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist ❑ When demobilization is approved by the EOC Director, contact your agency and advise them of expected time of demobilization and points of contact for the completion of ongoing actions or new requirements. o Ensure that you complete all final reports, close out your activity log, and transfer any ongoing missions and/or actions to the Liaison Officer or other appropriate individual. o Ensure copies of all documentation generated during the operation are submitted to the Planning/Intelligence Section. 110 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Safety Officer Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Ensure that all buildings and other facilities used in support of the EOC are in a safe operating condition. 2. Monitor operational procedures and activities in the EOC to ensure they are being conducted in safe manner considering the existing situation and conditions. 3. Stop or modify all unsafe operations outside the scope of the EOC Action Plan, notifying the EOC Director of actions taken. Activation Phase: ❑ Follow generic Activation Phase Checklist. Operational Phase: o Tour the entire EOC facility and evaluate conditions; advise the EOC Director of any conditions and actions which might result in liability, (unsafe layout or equipment set-up, etc.) o Study the EOC facility and document the locations of all fire extinguishers, emergency pull stations, and evacuation routes and exits. o Be familiar with particularly hazardous conditions in the facility; take action when necessary. o Prepare and present safety briefings for the EOC Director and General Staff at appropriate meetings. o If the event which caused activation was an earthquake, provide guidance regarding actions to be taken in preparation for aftershocks. o Ensure that the EOC facility is free from any environmental threats - e.g., radiation exposure, air purity, water quality, etc. o Keep the EOC Director advised of unsafe conditions; take action when necessary. o Coordinate with the Finance/Administration Section in preparing any personnel injury claims or records necessary for proper case evaluation and closure. Demobilization Phase: o Follow generic Demobilization Phase Checklist. 111 P178 P179 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Security Officer Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** ❑ Provide 24-hour security for the EOC. ❑ Control personnel access to the EOC in accordance with policies established by the EOC Director. Activation Phase: ❑ Follow the generic Activation Phase Checklist. Operational Phase: ❑ Determine the current EOC security requirements and arrange for staffing as needed. ❑ Determine needs for special access to EOC facilities. ❑ Provide executive and V.I.P. security as appropriate and required. ❑ Provide recommendations as appropriate to EOC Director. ❑ Prepare and present security briefings for the EOC Director and General Staff at appropriate meetings. Demobilization Phase: ❑ Follow the generic Demobilization Phase Checklist. 112 P180 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist Operations Section Operations Section Chief **** Read This Entire Position Checklist Before Taking Action **** 1. Ensure that the Operations Function is carried out including coordination of response for all operational functions assigned to the EOC. 2. Ensure that operational objectives and assignments identified in the EOC Action Plan are carried out effectively. 3. Establish the appropriate level of branch and unit organizations within the Operations Section, continuously monitoring the effectiveness and modifying accordingly. 4. Exercise overall responsibility for the coordination of Branch and Unit activities within the Operations Section. 5. Ensure that the Planning/Intelligence Section is provided with Branch Status Reports and Major Incident Reports (utilizing the Response Information Management System formats if available). 6. Conduct periodic Operations briefings for the EOC Director as required or requested. 7. Overall supervision of the Operations Section. Activation Phase: o Follow the generic Activation Phase Checklist. o Ensure that the Operations Section is set up properly and that appropriate personnel, equipment, and supplies are in place, including maps and status boards. o Meet with Planning/Intelligence Section Chief; obtain a preliminary situation briefing. o Based on the situation, activate appropriate branches within the section. Designate Branch Coordinators as necessary. o Fire & Rescue o Law Enforcement o Health and Welfare o Construction & Engineering o Determine need for Mutual Aid. o Request additional personnel for the section as necessary for 24-hour operation. o Obtain a current communications status briefing from the Communications Branch Coordinator in Logistics. Ensure that there is adequate equipment and frequencies available for the section. o Determine estimated times of arrival of section staff from the Personnel Branch in Logistics. o Confer with the EOC Director to ensure that the Planning/Intelligence and Logistics Sections are staffed at levels necessary to provide adequate information and support for operations. o Coordinate with the Liaison Officer regarding the need for Agency Representatives in the Operatio ns Section. o Establish radio or cell -phone communications with Incident Commander(s) operating in City, and coordinate accordingly. 113 P181 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist ❑ Determine activation status of other EOCs in the Operational Area and establish communication links with their Operations Sections if necessary. ❑ Based on the situation known or forecasted, determine likely future needs of the Operations Section. ❑ Identify key issues currently affecting the Operations Section; meet with Section personnel and determine appropriate section objectives for the first operational period. ❑ Review responsibilities of branches in section; develop an Operations Plan detailing strategies for carrying out Operations objectives. ❑ Adopt a proactive attitude. Think ahead and anticipate situations and problems before they occur. Operational Phase: o Ensure that all section personnel are maintaining their individual position logs. o Ensure that situation and resources information is provided to the Planning/Intelligence Section on a regular basis or asthe situation requires, including Branch Status Reports and Major Incident Reports (utilize Response Information Management System format if available). o Ensure that all media contacts are referred to the Public Information Branch. o Conduct periodic briefings and work to reach consensus among staff on objectives for forth -coming operational periods. o Attend and participate in EOC Director's Action Planning meetings. o Provide the Planning/Intelligence Section Chief with the Operations Section's objectives prior to each Action Planning meeting. o Work closely with each Branch Coordinator to ensure that the Operations Section objectives, as defined in the current Action Plan, are being addressed. o Ensure that the branches coordinate all resource needs through the Logistics Section. o Ensure that intelligence information from Branch Coordinators is made available to the Planning/Intelligence Section in a timely manner. o Ensure that fiscal and administrative requirements are coordinated through the Finance/Administrat io n Section (notification of emergency expenditures and daily time sheets). ❑ Brief the EOC Director on all major incidents. ❑ Complete a Major Incident Report for all major incidents; forward a copy to the Planning/Intelligen ce Section. ❑ Brief Branch Coordinators periodically on any updated information you may have received. ❑ Share status information with other sections as appropriate. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. Fire & Rescue Branch Coordinator 114 II RANCHO CUCAMONGA Responsibilitie s: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Coordinate fire, disaster medical, hazardous materials, and search and rescue operations in the unincorporated county or contract areas. 2. Assist the EOC Fire & Rescue Branch Coordinator in acquiring mutual aid resources, as necessary. 3. Coordinate the mobilization and transportation of all resources through the Logistics Section. 4. Complete and maintain branch status reports (in RIMS format if available) for major incidents requiring or potentially requiring operational area, state and federal response, and maintains status of unassigned fire & rescue resources in the City. 5. Implement the objectives of the EOC Action Plan assigned to the Fire & Rescue Branch. 6. Overall supervision of the Fire & Rescue Branch. Activation Phase: ❑ Follow the generic Activation Phase Checklist. o Based on the situation, activate the necessary Units within the Fire & Rescue Branch: o Fire Operations Unit o Search & Rescue Unit o Disaster Medical Unit o Hazmat Unit o If the mutual aid system is activated, coordinate use of City fire resources with the Operational Area Fire & Rescue Mutual Aid Coordinator. o Prepare and submit a preliminary branch status report and major incident reports as appropriate to the Operations Section Chief. o Prepare objectives for the Fire & Rescue Branch; provide them to the Operations Section Chief prior to the first Action Planning meeting. Operational Phase: o Ensure that Branch and Unit position logs and other files are maintained. o Maintain current status on Fire & Rescue missions being conducted in the City. o Provide the Operations Section Chief and the Planning/Intelligence Section with an overall summary of Fire & Rescue Branch operational periodically or as requested during the operational period. o On a regular basis, complete and maintain the Fire & Rescue Branch Status Report on RIMS forms if ava ila ble. o Refer all contacts with the media to the Public Information Branch. o Ensure that all fiscal and administrative requirements are coordinated through the Finance/Administrat io n Section (notification of any emergency expenditures and daily time sheets). ❑ Prepare objectives for the Fire & Rescue Branch for the subsequent operational period; provide them to the Operations Section Chief prior to the end of the shift and the next Action Planning meeting. 115 P182 P183 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist ❑ Provide your relief with a briefing at shift change; inform him/her of all ongoing activities, branch objectiv es for the next operational period, and any other pertinent information. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. 116 P184 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Fire Operations Unit Leader Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Assist Incident Commanders in the field by providing coordination for mutual aid requests to and from the Operational Area Fire / Rescue Mutual Aid Coordinator, as appropriate. 2. Respond to requests for fire resources from the field in a timely manner, following established priorities (life safety, protection of the environment, and protection of property). 3. Monitor and track fire resources utilized during the event. 4. Provide general support to field personnel as required. 5. Supervise the Fire Operations Unit. Activation Phase: ❑ Follow generic Activation Phase Checklist. Operational Phase: ❑ Establish and maintain a position log and other appropriate files. ❑ Establish and maintain radio or cell -phone communication with the Department Operations Center, or Fire & Rescue Branch at the Field Level. ❑ Obtain regular status reports on the fire situation from the Department Operations Center or Fire & Rescue Branch at the Field Level. ❑ Assess the impact of the disaster/event on the City Fire Department's operational capability. ❑ Establish the objectives of the Fire Operations Unit based on the nature and severity of the disaster, and provide them to the Fire & Rescue Branch Coordinator prior to the first Action Planning meeting. ❑ Provide fire status updates to the Fire & Rescue Branch Coordinator on a regular basis. ❑ Evaluate and process all requests for fire Mutual Aid resources through the Operational Area Fire & Rescue Mutual Aid Coordinator. ❑ If not addressed at the Incident Command Post or DOC, ensure that incident facilities are established (staging areas, etc.) to coordinate incoming fire mutual aid resources, as required. ❑ In conjunction with Planning/Intelligence, determine if current and forecasted weather conditions will affect fire and rescue operations. ❑ Inform the Fire & Rescue Branch Coordinator of all significant events that occur. ❑ Coordinate with the Law Enforcement Branch to determine status of evacuations and shelter locations. ❑ Assist in establishing camp facilities (or the use of commercial lodging) through the Logistics Section, if not addressed at the ICP or DOC. ❑ Reinforce the use of proper procedures for media contacts. Demobilization Phase: ❑ Follow generic Demobilization Phase Checklist. Disaster Medical Unit Leader 117 II RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Ensure that all available disaster medical resources are identified and mobilized as required. 2. Provide assistance to Incident Command Posts and Department Operations Centers in establishing triage teams. 3. Determine the status of medical facilities within the affected area. 4. Coordinate the transportation of injured victims to appropriate medical facilities as required. 5. Supervise the disaster Medical Unit. Activation Phase: ❑ Follow generic Activation Phase Checklist. Operational Phase: o Establish and maintain position logs and other necessary files. o Work closely with all Operations Section Branch Coordinators to determine the scope of disaster medical assistance required. ❑ Determine the status and availability of medical mutual aid resources in the operational area; specifically paramedics and ambulances. o Establish radio or telephone communication with area hospitals and other medical facilities to determine their capability to treat disaster victims. o Determine status and availability of specialized treatment such as burn centers. o Assist the Search and Rescue Unit Leader in providing triage for extricated victims. o Coordinate with the Logistics Section to acquire suitable transportation for injured victims as required or requested. ❑ Establish and maintain communication with the Operational Area EOCand determine status and availability of medical resources. o Coordinate with the Logistics Section to obtain necessary supplies and equipment to support disaster medical operations in the field. o Inform the Fire & Rescue Branch Coordinator of all significant events. o Reinforce the use of proper procedures for media contacts. This is particularly critical in emergency medical situations where statistical information is requested by the media. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. Search & Rescue Unit Leader 118 P185 II RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Determine the scope of the search and rescue mission. 2. Assist in mobilizing Search and Rescue Teams at the request of Department Operations Centers or Field Incident Commanders. 3. Provide search and rescue support as required to other emergency response agencies consistent with established priorities and objectives. 4. Ensure that deployed teams are provided with adequate support. 5. Supervise the Search & Rescue Unit. Activation Phase: ❑ Follow generic Activation Phase Checklist. Operational Phase: ❑ Establish and maintain position log and other appropriate files. ❑ Work closely with all Operations Section Branch Coordinators to determine the scope of search and rescue assistance required. ❑ Coordinate with the Fire and Rescue Branch Coordinator to determine missions for search and rescue teams based on established priorities. ❑ Mobilize and deploy available search and rescue teams to locations within the jurisdiction, or to other emergency response agencies within the Operational Area, in a manner consistent with established policies and priorities. ❑ Establish radio or cell -phone communication with all deployed search and rescue team leaders to determine the scope of support required. ❑ Work closely with the Logistics Section to determine the status and availability of search and rescue resources in the Operational Area; specifically larger jurisdictions who have organized USAR teams. ❑ Coordinate with the Law Enforcement Branch to determine availability of search dog units. ❑ Coordinate with Construction and Engineering to provide on-site assistance with rescue operations at the request of team leaders. ❑ Coordinate with the Disaster Medical Unit to provide on-site assistance to extricated victims requiring medical treatment. ❑ Coordinate with the coroner's unit to provide on-site assistance in managing fatalities at search locations. ❑ Ensure that each team leader develops a safety plan for each assigned mission. ❑ Monitor and track the progress and status of each search and rescue team. ❑ Ensure that team leaders report all significant events. ❑ Assist in establishing camp facilities (or commercial lodging) for Search and Rescue Teams through the Logistics Section, if not addressed at the ICP or DOC. ❑ Inform the Fire & Rescue Branch Coordinator of all significant events. ❑ Reinforce the use of proper procedures for media contacts. This is particularly critical in instances where the media is seeking statistical information or personal identities of injured victims or fatalities. 119 P186 RANCHO Cl!CAMONGA Rancho Cucamonga Emergency Operations Plan Demobilization Phase: o Follow the generic Demobilization Phase Checklist. 120 Appendix 4 SEMS Checklist P187 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Hazmat Unit Leader Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Determine the scope of hazardous materials incidents throughout the jurisdiction. 2. Assist in mobilizing hazardous materials teams at the request of Department Operations Centers or Field Incident Commanders. 3. Request assistance from and / or provide hazardous materials support as required to Operational Area Emergency Response Agencies consistent with established priorities and objectives. 4. Ensure that deployed teams are provided with adequate support. 5. Supervise the Hazmat Unit. Activation Phase: ❑ Follow generic Activation Phase Checklist. Operational Phase: ❑ Establish and maintain a position log and other appropriate files. ❑ Work closely with all Operations Section Branch Coordinators to determine the scope of HazMat incident response required. ❑ Coordinate with the Fire and Rescue Branch Coordinator to determine missions for HazMat teams based on established priorities. ❑ Mobilize and deploy available HazMat teams to the Operational Area or to other emergency response agencies within the Operational Area, in a manner consistent with the Hazmat Mutual Aid System and established priorities. ❑ Establish radio or cell -phone communication with all deployed HazMat teams to determine the scope of support required. ❑ Work closely with the Logistics Section to determine the status and availability of Hazmat Response Teams in the Operational Area. ❑ Coordinate with construction and engineering to provide on-site assistance with HazMat operations at the request of team leaders. ❑ Coordinate with the Disaster Medical Unit to determine medical facilities where victims of HazMat incidents can be transported following decontamination. ❑ Coordinate with the Coroner's Unit to provide on-site assistance in managing fatalities at HazMat scenes. ❑ Monitor and track the progress and status of each HazMat team. ❑ Ensure that Hazmat Team Leaders report all significant events. ❑ Assist in establishing camp facilities (or commercial lodging) for HazMat teams through the Logistics Section, if not addressed at the ICP or DOC. ❑ Inform the Fire & Rescue Branch Coordinator of all significant events. ❑ Reinforce the use of proper procedures for media contacts. This is particularly critical in instances where the media is seeking technical information on the hazardous material, statistical information, or personal identities of injured victims or fatalities. Demobilization Phase: 121 P188 I RANCHO UUCAMONGA Rancho Cucamonga Emergency Operations Plan ❑ Follow the generic Demobilization Phase Checklist. 122 Appendix 4 SEMS Checklist P189 P190 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Law Enforcement Branch Coordinator Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Coordinate movement and evacuation operations during a disaster. 2. Alert and notify the public of the impending or existing emergency within the City. 3. Coordinate law enforcement and traffic control operations during the disaster. 4. Coordinate site security at incidents. S. Coordinate Law Enforcement Mutual Aid requests from emergency response agencies through the Law Enforcement Mutual Aid Coordinator at the Operational Area EOC. 6. Supervise the Law Enforcement branch. Activation Phase: ❑ Follow the generic Activation Phase Checklist. ❑ Based on the situation, activate the necessary Units within the Law Enforcement Branch: o Law Enforcement Operations Unit o Coroner Unit o Contact and assist the Operational Area EOC Law Enforcement and Coroner's Mutual Aid Coordinator with the coordination of mutual aid resources requested or provided by the . o Provide an initial situation report to the Operations Section Chief. o Based on the initial EOC strategic objectives. Prepare objectives for the Law Enforcement Branch and provide them to the Operations Section Chief prior to the first Action Planning meeting. Operational Phase: ❑ Ensure that Branch and Unit position logs and other appropriate files are maintained. ❑ Maintain current status on Law Enforcement missions being conducted in the City. ❑ Provide the Operations Section Chief and the Planning/Intelligence Section with an overall summary of Law Enforcement Branch operational periodically or as requested during the operational period. ❑ On a regular basis, complete and maintain the Law Enforcement Branch Status Report. (Use RIMS Forms if availa ble). Refer all contacts with the media to the Public Information Branch. Determine Determine need for Law Enforcement Mutual Aid. need for Coroner's Mutual Aid. Ensure that all fiscal and administrative requirements are coordinated through the Finance/Administrat io n Section (notification of any emergency expenditures and daily time sheets). ❑ Prepare objectives for the Law Enforcement Branch for the subsequent Operations period; provide them to the Operations Section Chief prior to the end of the shift and the next Action Planning Meeting. ❑ Provide your relief with a briefing at shift change, informing him/her of all ongoing activities, branch objectives for the next operational period, and any other pertinent information. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. Law Enforcement Operations Unit Leader 123 II RANCHO CUCAMON'GA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Coordinate requests for Law Enforcement Mutual Aid Resources through the Operational Area Law Enforcement Mutual Aid Coordinator. 2. Establish and maintain communication with Law Enforcement Branch Directors in the field or at the Department Operations Center (DOC) if activated. 3. Respond to requests for Law Enforcement resources from the field in a timely manner, following established priorities (life safety, protection of the environment, and protection of property). 4. Monitor and track law enforcement resources utilized during the event. 5. Provide general support to field personnel as required. 6. Supervise the law enforcement operations unit. Activation Phase: ❑ Follow generic Activation Phase Checklist. Operational Phase: ❑ Establish and maintain a position log and other appropriate files. ❑ Establish and maintain radio or cell -phone communication with the Department Operations Center, or Law Enforcement Branch Directors at the field level. ❑ Obtain regular status reports on the law enforcement situation from the Department Operations Center or Law Enforcement Branch at the field level. ❑ Assess the impact of the disaster/event on the Police Department's operational capability. ❑ Establish the objectives of the Law Enforcement Operations Unit based on the nature and severity of the disaster, and provide them to the Law Enforcement Branch Coordinator prior to the first Action Planning meeting. ❑ If the Department Operations Center is not activated, ensure that the assignment of law enforcement resources are closely monitored and coordinated, and that on -scene time is logged atthe field level. ❑ If not addressed at the ICP or DOC, ensure that incident facilities are established (staging areas etc.) to coordinate incoming law enforcement mutual aid resources, as required. ❑ In conjunction with Planning/Intelligence, determine if current and forecasted weather conditions will affect law enforcement operations. ❑ Coordinate major evacuation activity with the Fire Operations Branch, as required. ❑ Coordinate with the Care and Shelter Unit to establish suitable shelter locations and appropriate shelter facilities for evacuated population. ❑ Assist in establishing camp facilities (or commercial lodging) for law enforcement personnel, through the Logistics Section, if not addressed at the ICP or DOC. ❑ Reinforce the use of proper procedures for media contacts. ❑ Provide law enforcement status updates to the Law Enforcement Branch Coordinator on a regular basis. ❑ Evaluate and process all requests for law enforcement resources through the Operational Area Law Enforcement Mutual Aid Coordinator. Demobilization Phase: 124 P191 I RANCHO UUCAMONGA Rancho Cucamonga Emergency Operations Plan ❑ Follow the generic Demobilization Phase Checklist. 125 Appendix 4 SEMS Checklist P192 P193 RANCHO CUCAMONGA Responsibili tie s: Rancho Cucamonga Emergency Operations Plan Coroner Unit Leader Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. At the direction of the Sheriff / Coroner, establish and oversee an interim system for managing fatalities resulting from the disaster / event. 2. At the direction of the Sheriff / Coroner, establish and oversee the operation of temporary morgue facilities and maintain detailed records of information relative to each fatality. 3. Supervision of the Coroner Unit. Activation Phase: ❑ Follow generic Activation Phase Checklist. Operational Phase: ❑ Establish and maintain a position log and other appropriate files. ❑ Ensure that locations where fatalities are discovered are secured. o Ensure that fatality collection points are established and secured as necessary. o Ensure that temporary morgue facilities are established in accordance with guidelines established by the Sheriff / Coroner. o Request Coroner's Mutual Aid through the Sheriff / Coroner at the Operational Area EOCas required. o Procure, through logistics, all necessary fatalities management equipment and supplies, such as tempora ry cold storage facilities or vehicles, body bags, etc. o Coordinate with the Search & Rescue Unit to determine location and number of extricated fatalities. o Ensure that human remains are transported from fatality collection points to temporary morgue(s), if so advised by the Sheriff / Coroner. ❑ Assist the Sheriff / Coroner with identification of remains and notification of next of kin as required. ❑ In conjunction with local mortuaries and cemeteries, assist with the reburial of any coffins that were surfaced and / or disturbed as a result of the disaster. o Keep the Law Enforcement Branch Coordinator informed of Coroners Unit activities on a regular basis. o Inform the Law Enforcement Branch Coordinator and the Public Information Branch of the number of confirmed fatalities resulting from the disaster or event. (NOTE: This information must be verified with the Sheriff / Coroner prior to release). o Ensure that all media contacts are referred to the Public Information Branch. Demobilization Phase: ❑ Follow the generic Demobilization Phase Checklist. Construction / Engineering Branch Coordinator 126 II RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Survey all utility systems, and restore systems that have been disrupted, including coordinating with utility service providers in the restoration of disrupted services. 2. Survey all public and private facilities, assessing the damage to such facilities, and coordinating the repair of damage to public facilities. 3. Survey all other infrastructure systems, such as streets and roads within the City. 4. Assist other sections, branches, and units as needed. 5. Supervise the Construction/Engineering Branch. Activation Phase: o Follow the generic Activation Phase Checklist. ❑ Based on the situation, activate the necessary units within the Construction/Engineering Branch: o Utilities Unit o Damage/Safety Assessment Unit o Public Works Unit o Contact and assist the Operational Area Public Works Mutual Aid Coordinator with the coordination of mutual aid resources as necessary. o Provide an initial situation report to the Operations Section Chief. o Based on the initial EOC strategic objectives, prepare objectives for the Construction/Engineering Branch and provide them to the Operations Section Chief prior to the first Action Planning meeting. Operational Phase: o Ensure that branch and unit position logs and other necessary files are maintained. o Maintain current status on all construction/engineering activities. o Ensure that damage and safety assessments are being carried out for both public and private facilities. o Request mutual aid as required through the Operational Area Publics Works Mutual Aid Coordinator. o Determine and document the status of transportation routes into and within affected areas. o Coordinate debris removal services as required. o Provide the Operations Section Chief and the Planning/Intelligence Section with an overall summary of Construction/Engineering Branch activities periodically during the operational period or as requested. o Ensure that all Utilities and Construction/Engineering Status Reports, as well as the Initial Damage Estimation are completed and maintained. (Utilize RIMS forms if available). o Refer all contacts with the media to the Public Information Branch. o Ensure that all fiscal and administrative requirements are coordinated through the Finance/Administration Section (notification of any emergency expenditures and daily time sheets). o Prepare objectives for the Construction/Engineering Branch for the subsequent operations period; provide them to the Operations Section Chief prior to the end of the shift and the next Action Planning meeting. o Provide your relief with a briefing at shift change, informing him/her of all ongoing activities, branch objectives for the next operational period, and any other pertinent information. Demobilization Phase: 127 P194 I RANCHO UUCAMONGA Rancho Cucamonga Emergency Operations Plan ❑ Follow the generic Demobilization Phase Checklist. 128 Appendix 4 SEMS Checklist P195 P196 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Utilities Unit Leader Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Assess the status of utilities; provide Utility Status Reports as required. 2. Coordinate restoration of damaged utilities with utility representatives in the City EOC if present, or directly with Utility companies. 3. Supervise the Utilities Unit. Activation Phase: ❑ Follow generic Activation Phase Checklist. Operational Phase: o Establish and maintain a position log and other necessary files. o Establish and maintain communications with the utility providers for the City. o Determine the extent of damage to utility systems in the City. o Coordinate with the Liaison Officer to ensure that agency representatives from affected utilities are available to respond to the City EOC. o Ensure that all information on system outages is consolidated and provided to the Situation Analysis Unit in the Planning/Intelligence Section. o Ensure that support to utility providers is available as necessary to facilitate restoration of damaged systems. o Keep the Public Health Branch Coordinator informed of any damage to sewer and sanitation systems, as well as possible water contamination problems. o Keep the Construction/Engineering Branch Coordinator informed of the restoration status. o Complete and maintain the Utilities Status Report (Utilize RIMS forms if available). o Refer all contacts with the media to the Public Information Branch. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. 129 P197 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Damage/Safety Assessment Unit Leader Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Collect initial damage/safety assessment information from other branches/units within the Operations Section. 2. If the disaster is winter storm, flood, or earthquake related, ensure that dam inspection teams have been dispatched. 3. Provide detailed damage/safety assessment information to the Planning/Intelligence Section, with associated loss damage estimates. 4. Maintain detailed records on damaged areas and structures. 5. Initiate requests for Engineers from the Operational Area, to inspect structures and/or facilities. 6. Supervise the Damage/Safety Assessment Unit. Activation Phase: o Follow generic Activation Phase Checklist. Operational Phase: o Establish and maintain a position log and other necessary files. o Obtain initial damage/safety assessment information from Fire & Rescue Branch, Law Enforcement Branch, Utilities Unit and other branches/units as necessary. o Coordinate with the American Red Cross, utility service providers, and other sources for additional damage/safety assessment information. o Prepare detailed damage/safety assessment information, including estimate of value of the losses, and provide to the Planning/Intelligence Section. o Clearly label each structure and/or facility inspected in accordance with ATC -20 standards and guidelines. o Maintain a list of structures and facilities requiring immediate inspection or engineering assessment. o Initiate all requests for engineers and building inspectors through the Operational Area EOC. o Keep the Construction/Engineering Branch Coordinator informed of the inspection and engineering assessment status. o Refer all contacts with the media to the Public Information Branch. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. 130 P198 RANCHO CUCAMONGA Responsibili tie s: Rancho Cucamonga Emergency Operations Plan Public Works Unit Leader Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** o Assist other Operation Section Branches by providing construction equipment and operators as necessary. o Provide heavy equipment assistance to the Damage/Safety Assessment Unit as required. o Provide emergency construction and repair to damaged roadways. Assist with the repair of utility systems as required. ❑ Providing flood -fighting assistance, such as sandbagging, rerouting waterways away from populated areas, and river, creek, or stream bed debris clearance. ❑ Supervise the Public Works Unit. Activation Phase: ❑ Follow generic Activation Phase Checklist. Operational Phase: o Establish and maintain a position log and other necessary files. o Ensure that appropriate staff is available to assist other emergency responders with the operation of heavy equipment, in coordination with the Logistics Section. o Ensure that engineering staff are available to assist the Damage/Safety Assessment Unit in inspecting damaged structures and facilities. o As requested, direct staff to provide flood fighting assistance, clear debris from roadways and water ways, assists with utility restoration, and build temporary emergency structures as required. o Work closely with the Logistics Section to provide support and materiel as required. o Keep the Construction/Engineering Branch Coordinator informed of unit status. o Refer all contacts with the media to the Public Information Branch. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. 131 P199 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Health and Welfare Branch Coordinator Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Safeguard the public health of citizens by ensuring there is an ample supply of potable water, a functioning sanitation system, and vector controls are established, as required. 2. In coordination with volunteer and private agencies, provide clothing, shelter, and other mass care services as required, to disaster victims. 3. Supervise the Health and Welfare Branch. Activation Phase: ❑ Follow the generic Activation Phase Checklist. Operational Phase: ❑ Establish and maintain a Health and Welfare Unit position logs and other necessary files. ❑ Ensure that all potable water supplies remain safe, and free from contaminates. o Ensure that sanitation systems are operating effectively and not contaminating water supplies. o Ensure that a vector control plan is established and implemented for the affected area(s). o Provide the Operations Section Chief and the Planning/Intelligence Section with an overall summary of Health and Welfare Branch Operational periodically during the operations period or as requested. o Complete and maintain the Care & Shelter Status Reports (utilizing RIMS forms if available). o Ensure that the Public Health Branch is available to assist the Coroner Unit in mitigating managing mass fatality situations. o Ensure coordination of all mass care activities occurs with the Red Cross and other volunteer agencies as required. o Prepare objectives for the Health and Welfare Branch for the subsequent operations period; provide them to the Operations Section Chief prior to the end of the shift and the next Action Planning meeting. o Refer all contacts with the media to the Public Information Branch. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. Care & Shelter Unit Leader 132 II RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Coordinate directly with the American Red Cross and other volunteer agencies to provide food, potable water, clothing, shelter and other basic needs as required to disaster victims within the City. 2. Assist the American Red Cross with inquiries and registration services to reunite families or respond to inquiries from relatives or friends. 3. Assist the American Red Cross with the transition from mass care to separate family/individual housing. 4. Supervise the Care & Shelter Unit. Activation Phase: ❑ Follow generic Activation Phase Checklist. Operational Phase: o Establish and maintain your position log and other necessary files. o Coordinate with the Liaison Officer to request an Agency Representative from the American Red Cross. Work with the Agency Representative to coordinate all shelter and congregate care activity. o Establish communications with other volunteer agencies to provide clothing and other basic life sustaining needs. o Ensure that each activated shelter meets the requirements as described under the Americans with Disabilities Act. o Assist the American Red Cross in staffing and managing the shelters to the extent possible. o In coordination with the American Red Cross, activate an inquiry registry service to reunite families and respond to inquiries from relatives or friends. o Assist the American Red Cross with the transition from operating shelters for displaced persons to separate family/individual housing. ❑ Complete and maintain the Care and Shelter Status Report Form (utilize RIMS forms if available). ❑ Refer all contacts with the media to the Public Information Branch. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. Public Health Unit Leader 133 P200 II RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Assess the status and availability of potable water within the jurisdiction 2. Assess the status of the sanitation system within the jurisdiction. 3. Inspect and assess emergency supplies such as foodstuffs and other consumables for purity and utility. 4. Assess the need for a vector control plan for the affected disaster area(s) within the jurisdiction. S. Supervise the Public Health Unit. Activation Phase: ❑ Follow generic Activation Phase Checklist. Operational Phase: o Establish and maintain a position log and other necessary files. o Coordinate with the Utilities Unit Leader to determine current status of water and sanitation systems. o If systems are damaged, request assistance from County Public Health to assess drinking water quality and potential health risks from ruptured sewer / sanitation systems. ❑ Develop a distribution system for drinking water throughout the City as required. o Contact and coordinate with the Logistics Section, to obtain chemical (portable) toilets and other tempora ry facilities for the disposal of human waste and other infected waste. o Inspect emergency supplies to be used in the EOC or by field emergency responders, such as foodstuffs, drugs, and other consumables for purity and utility. o Determine the need for vector control, and coordinate with County Public Health for Vector control services as required. ❑ Inform the Health & Welfare Branch Coordinator on all activities of the Public Health Unit periodically durin g the operational period, or as requested. ❑ Refer all contacts with the media to the Public Information Branch. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. Planning/Intelligence Section 134 P201 P202 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Planning/I me ll ige nce Section Chief Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Ensure that the following responsibilities of the Planning/Intelligence Section are addressed as required: a. Collecting, analyzing, and displaying situation information, b. Preparing periodic Situation Reports, c. Preparing and distributing the EOC Action Plan and facilitating the Action Planning meeting, d. Conducting Advance Planning activities and report, e. Providing technical support services to the various EOC sections and branches, and documenting and maintaining files on all EOC activities. 2. Establish the appropriate level of organization for the Planning/Intelligence Section. 3. Exercise overall responsibility for the coordination of branch/unit activities within the section. 4. Keep the EOC Director informed of significant issues affecting the Planning/Intelligence Section. 5. In coordination with the other Section Chiefs, ensure that Branch Status Reports are completed and utilized as a basis for Situation Status Reports, and the EOC Action Plan. 6. Supervise the Planning/Intelligence Section. Activation Phase: o Follow the generic Activation Phase Checklist. o Ensure that the Planning/Intelligence Section is set up properly and that appropriate personnel, equipment, and supplies are in place, including maps and status boards. o Based on the situation, activate branches within section as needed and designate Branch or Unit Leaders for each element: o Situation Analysis Unit o Advance Planning Unit o Documentation Unit o Technical Services Unit o Request additional personnel for the section as necessary to maintain a 24-hour operation. ❑ Establish contact with the Operational Area EOC when activated, and coordinate Situation Status Reports with their Planning/Intelligence Section. o Meet with Operations Section Chief; obtain and review any major incident reports. o Review responsibilities of branches in section; develop plans for carrying out all responsibilities. o Make a list of key issues to be addressed by Planning/Intelligence; in consultation with section staff, identify objectives to be accomplished during the initial Operational Period. o Keep the EOC Director informed of significant events. o Adopt a proactive attitude, thinking ahead and anticipating situations and problems before they occur. Operational Phase: ❑ Ensure that Planning/Intelligence position logs and other necessary files are maintained. ❑ Ensure that The Situation Analysis Unit is maintaining current information for the situation status report. 135 P203 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist ❑ Ensure that major incidents reports and branch status reports are completed by the Operations Section and are accessible by Planning Intelligence (Utilize RIMS forms if available). ❑ Ensure that a situation status report is produced and distributed to EOCSections and Operational Area EOC at least once, prior to the end of the operational period. ❑ Ensure that all status boards and other displays are kept current and that posted information is neat and legible. ❑ Ensure that the Public Information Branch has immediate and unlimited access to all status reports and displays. ❑ Conduct periodic briefings with section staff and work to reach consensus among staff on section objectives for forthcoming operational periods. ❑ Facilitate the EOC Director's Action Planning meetings approximately two hours before the end of each operational period. ❑ Ensure that objectives for each section are completed, collected and posted in preparation for the next Action Planning meeting. ❑ Ensure that the EOC Action Plan is completed and distributed prior to the start of the next operational period. ❑ Work closely with each branch/unit within the Planning/Intelligence Section to ensure the section objectives, as defined in the current EOC Action Plan are being addressed. ❑ Ensure that the advance planning unit develops and distributes a report which highlights forecasted events or conditions likely to occur beyond the forthcoming operational period; particularly those situations which may influence the overall strategic objectives of the EOC. ❑ Ensure that the Documentation Unit maintains files on all EOC activities and provides reproduction and archiving services for the EOC, as required. ❑ Provide technical services, such as energy advisors and other technical specialists to all EOC sections as required. ❑ Ensure that fiscal and administrative requirements are coordinated through the Finance/Administratio n Section. Demobilization Phase: ❑ Follow the generic Demobilization Phase Checklist. 136 P204 RANCHO CUCAMONGA Responsibili tie s: Rancho Cucamonga Emergency Operations Plan Situation Analysis Unit Leader Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Oversee the collection, organization, and analysis of disaster situation information. 2. Ensure that information collected from all sources is validated prior to posting on status boards. 3. Ensure that situation status reports are developed utilizing RIMS forms, for dissemination to EOCstaff and also to the Operational Area EOC. 4. Ensure that an EOC Action Plan is developed (utilizing RIMs form) for each operational period, based on objectives developed by each EOC Section. 5. Ensure that all maps, status boards and other displays contain current and accurate information. 6. Supervise Situation Analysis Unit. Activation Phase: o Follow the generic Activation Phase Checklist. o Ensure there is adequate staff available to collect and analyze incoming information, maintain the Situation Status Report on RIMS, and facilitate the Action Planning process. o Prepare Situation Analysis Unit objectives for the initial Action Planning meeting. Operational Phase: o Ensure position logs and other necessary files are maintained. o Oversee the collection and analysis of all event/or disaster related information. o Oversee the preparation and distribution of the Situation Status Report (utilizing RIMS forms if available). Coordinate with the Documentation Unit for manual distribution and reproduction as required. o Ensure that each EOC Section provides the Situation Analysis Unit with Branch Status Reports, (utilizing RIMS forms), on a regular basis. o Meet with the Public Information Branch Coordinator to determine the best method for ensuring access to current information. o Prepare a situation summary for the EOC Action Planning meeting. o Ensure each section provides their objectives at least 30 minutes prior to each Action Planning meeting. o Convene and facilitate the Action Planning meeting following the meeting process guidelines. o In preparation for the Action Planning meeting, ensure that all EOC objectives are posted on chart paper, and that the meeting room is set up with appropriate equipment and materials (easels, markers, sit stat reports, etc o Following the meeting, ensure that the Documentation Unit publishes and distributes the Action Plan prior to the beginning of the next operational period. o Ensure that adequate staff are assigned to maintain all maps, status boards and other displays. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. 137 P205 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Documentation Unit Leader Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Collect, organize and file all completed event or disaster related forms, to include: all EOC position logs, situation status reports, EOC Action Plans and any other related information, just prior to the end of each operational period. 2. Provide document reproduction services to EOC staff. 3. Distribute the EOC situation status reports, EOC Action Plan, and other documents, as required. 4. Maintain a permanent electronic archive of all situation reports and Action Plans associated with the event or disaster. 5. Assist the EOC Coordinator in the preparation and distribution of the After -action Report. 6. Supervise the Documentation Unit. Activation Phase: o Follow the generic Activation Phase Checklist. Operational Phase: o Maintain a position log. o Meet with the Planning/Intelligence Section Chief to determine what EOC materials should be maintained as official records. o Meet with the Recovery Unit Leader to determine what EOC materials and documents are necessary to provide accurate records and documentation for recovery purposes. o Initiate and maintain a roster of all activated EOC positions to ensure that position logs are accounted for and submitted to the Documentation Unit at the end of each shift. o Reproduce and distribute the Situation Status Reports and Action Plans. Ensure distribution is made to the Operational Area EOC. o Keep extra copies of reports and plans available for special distribution as required. o Set up and maintain document reproduction services for the EOC. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. 138 P206 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Advance Planning Unit Leader Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Development of an Advance Plan consisting of potential response and recovery related issues likely to occur beyond the next operational period, generally within 36 to 72 hours. 2. Review all available status reports, Action Plans, and other significant documents. Determine potential future impacts of the event or disaster; particularly issues which might modify the overall strategic EOC objectives. 3. Provide periodic briefings for the EOC Director and General Staff addressing Advance Planning issues. 4. Supervise the Advance Planning Unit. Activation Phase: ❑ Follow the generic Activation Phase Checklist. Operational Phase: ❑ Maintain a position log. ❑ Monitor the current situation report to include recent updates. ❑ Meet individually with the general staff and determine best estimates of the future direction & outcomes of the event or disaster. ❑ Develop an Advance Plan identifying future policy related issues, social and economic impacts, significa nt response or recovery resource needs, and any other key issues likely to affect EOC operations within a 36 to 72 hour time frame. ❑ Submit the Advance Plan to the Planning Intelligence Chief for review and approval prior to conducti ng briefings for the General Staff and EOC Director. ❑ Review Action Planning objectives submitted by each section for the forthcoming operational period. In conjunction with the general staff, recommend a transition strategy to the EOC Director when EOC activity shifts predominately to recovery operations. Demobilization Phase: ❑ Follow the generic Demobilization Phase Checklist. 139 P207 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Technical Services Unit Leader Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Provide technical observations and recommendations to the City EOC in specialized areas, as required. 2. Ensure that qualified specialists are available in the areas required by the particular event or disaster. 3. Supervise the Technical Services Unit. Activation Phase: ❑ Follow the generic Activation Phase Checklist. Operational Phase: ❑ Maintain a position log and other necessary files. ❑ Coordinate with the Logistics Section to ensure that technical staff are located and mobilized. ❑ Assign technical staff to assist other EOC Sections in coordinating specialized areas of response or recovery. ❑ Assign technical staff to assist the Logistics Section with interpreting specialized resource capability and requests. Demobilization Phase: ❑ Follow the generic Demobilization Phase Checklist. Demobilization Unit Leader 140 II RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Develop a Demobilization Plan for the EOC based on a review of all pertinent planning documents, and status reports. 2. Supervise personnel assigned to the Demobilization Unit. Activation Phase: ❑ Follow the generic Activation Phase Checklist. Operational Phase: ❑ Monitor the current situation report to include recent updates. ❑ Meet individually with the general staff and administer the section worksheet for the Demobilization Plan. ❑ Meet with the EOC Director and administer the EOC Director's worksheet for the Demobilization Plan. ❑ Utilizing the worksheets, develop a draft Demobilization Plan and circulate to the EOC Director and Genera I Staff for review. ❑ Finalize the Demobilization Plan for approval by the EOC Director. ❑ Demobilization planning must occur at least once during the operational period for as long as EOC Sections are formally staffed. ❑ Advise all Section Chiefs to ensure that demobilized staff complete all reports, time sheets, and exit surveys in coordination with the personnel unit prior to leaving the EOC. Demobilization Phase: ❑ Follow the generic Demobilization Phase Checklist. Logistics Section 141 P208 P209 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Logistics Section Chief Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Ensure the Logistics function is carried out in support of the EOC. This function includes providing communication services, resource tracking; acquiring equipment, supplies, personnel, facilities, and transportation services; as well as arranging for food, lodging, and other support services as required. 2. Establish the appropriate level of branch and/or unit staffing within the Logistics Section, continuo usly monitoring the effectiveness of the organization and modifying as required. 3. Ensure section objectives as stated in the EOC Action Plan are accomplished within the operational period or within the estimated time frame. 4. Coordinate closely with the Operations Section Chief to establish priorities for resource allocation to activated Incident Commands within the City. 5. Keep the EOC Director informed of all significant issues relating to the Logistics Section. 6. Supervise the Logistics Section. Activation Phase: ❑ Follow the generic Activation Phase Checklist. ❑ Ensure the Logistics Section is set up properly and that appropriate personnel, equipment, and supplies are in place, including maps, status boards, vendor references, and other resource directories. ❑ Based on the situation, activate branches/units within section as needed and designate Branch and Unit Leaders for each element: ❑ Communications Branch ❑ Personnel Unit ❑ Transportation Unit ❑ Facilities Unit ❑ Supply/Procurement Unit ❑ Resource Status Unit ❑ Mobilize sufficient section staffing for 24 hour operations. ❑ Establish communications with the Logistics Section at the Operational Area EOC if activated. ❑ Advise Branches and Units within the section to coordinate with appropriate branches in the Operations Section to prioritize and validate resource requests from Incident Command Posts in the field. This should be done prior to acting on the request. ❑ Meet with the EOC Director and General Staff and identify immediate resource needs. ❑ Meet with the Finance/Administration Section Chief and determine level of purchasing authority for the Logistics Section. ❑ Assist branch and Unit Leaders in developing objectives for the section as well as plans to accomplish their objectives within the first operational period, or in accordance with the Action Plan. ❑ Provide periodic Section Status Reports to the EOC Director. ❑ Adopt a proactive attitude, thinking ahead and anticipating situations and problems before they occur. 142 P210 RANCHO CUCAMONGA Operational Phase: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist o Ensure that Logistic Section position logs and other necessary files are maintained. o Meet regularly with section staff and work to reach consensus on section objectives for forthcoming operational periods. o Provide the Planning/Intelligence Section Chief with the Logistics Section objectives at least 30 minutes prior to each Action Planning meeting. o Attend and participate in EOC Action Planning meetings. o Ensure that the Supply/Procurement Unit coordinates closely with the Purchasing Unit in the Finance/Administration Section, and that all required documents and procedures are completed and followed. o Ensure that transportation requirements, in support of response operations, are met. o Ensure that all requests for facilities and facility support are addressed. o Ensure that all City resources are tracked and accounted for, as well as resources ordered through Mutua I Aid. o Provide section staff with information updates as required. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. Communications Branch Coordinator **** Read This Entire Position Checklist Before Taking Action **** 143 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist 1. Ensure radio, telephone, and computer resources and services are provided to EOC staff as required. 2. Oversee the installation of communications resources within the City EOC. Ensure that a communications link is established with the Operational Area EOC. 3. Determine specific computer requirements for all EOC positions. 4. Implement RIMS if available, for internal information management to include message and e-mail systems. S. Ensure that the EOC Communications Center is established to include sufficient frequencies to facilitate operations, and that adequate communications operators are available for 24-hour coverage. 6. Develop and distribute a Communications Plan which identifies all systems in use and lists specific frequencies allotted for the event or disaster. 7. Supervise the communications branch. Activation Phase: ❑ Follow the generic Activation Phase Checklist. o Based on the situation, activate the necessary units within the Communications Branch: o Communications Unit o Information Systems Unit o Prepare objectives for the Communications Branch; provide them to the Logistics Section Chief prior to the initial Action Planning meeting. Operational Phase: o Ensure that communication branch position logs and other necessary files are maintained. o Keep all sections informed of the status of communications systems, particularly those that are being restored. o Coordinate with all EOC sections/branches/units regarding the use of all communication systems. o Ensure that the EOC Communications Center is activated to receive and direct all event or disaster related communications to appropriate destinations within the EOC. o Ensure that adequate communications operators are mobilized to accommodate each discipline on a 24- hour basis or as required. o Ensure that RIMS Communications links, if available, are established with the Operational Area EOC. o Ensure that communications links are established with activated EOC within the Operational Area, as appropriate. o Continually monitor the operational effectiveness of EOC communications systems. Provide additional equipment as required. o Ensure that technical personnel are available for communications equipment maintenance and repair. o Mobilize and coordinate amateur radio resources to augment primary communications systems as required. o Keep the Logistics Section Chief informed of the status of communications systems. o Prepare objectives for the Communications Branch; provide them to the Logistics Section Chief prior to the next Action Planning meeting. o Refer all contacts with the media to the Public Information Branch. Demobilization Phase: 144 P211 I RANCHO UUCAMONGA Rancho Cucamonga Emergency Operations Plan ❑ Follow the generic Demobilization Phase Checklist. 145 Appendix 4 SEMS Checklist P212 P213 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Communications Unit Leader Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Install, activate, and maintain telephone and radio systems for the EOC. 2. Assist EOC positions in determining appropriate numbers of telephones and other communications equipment required to facilitate operations. 3. Acquire radio frequencies as necessary to facilitate operations. 4. Assign Amateur Radio Operators as needed to augment primary communications networks. 5. Supervise the EOC Communications Center and the Communications Unit. Activation Phase: o Follow generic Activation Phase Checklist. Operational Phase: o Establish and maintain a position log and other necessary files. o Continually monitor and test the activated radio and telephone systems. Keep the Communications Branch Coordinator informed of system failures and restoration activities. o Develop instructional guidance for use of radios and telephones and conduct training sessions for EOC staff as necessary. o Meet periodically with the Operations Section Branches to ensure that their radio frequencies are adequate. Make modifications as necessary to maintain their operational capability. o Coordinate with Pacific Bell Telephone Company in the City to obtain portable telephone banks, as necessa ry. o Refer all contacts with the media to the Public Information Branch. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. Information Systems Unit Leader 146 II RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Install, activate, and maintain information systems for the EOC. 2. Assist EOC positions in determining appropriate types and numbers of computers and computer applications required to facilitate operations. 3. Install RIMS, if available, on all computers for internal information management to include message and e- mail systems. 4. Supervise the Information Systems Unit. Activation Phase: o Follow generic Activation Phase Checklist. Operational Phase: o Establish and maintain a position log and other necessary files. o Continually monitor and test RIMS if available, and ensure automated information links with the Operational Area EOC are maintained. o Keep the Communications Branch Coordinator informed of system failures and restoration activities. o Develop instructional guidance for use of computers and computer programs such as RIMS. Be prepared to conduct training sessions for EOC staff as necessary. o Request additional computer equipment as required through the Communications Branch Coordinator. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. Transportation Unit Leader 147 P214 II RANCHO CUCAMONGA Responsibilitie s: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. In coordination with the Construction/Engineering Branch Coordinator, and the Situation Analysis Unit, develop a transportation plan to support EOC operations. 2. Arrange for the acquisition or use of required transportation resources. 3. Supervise the Transportation Unit. Activation Phase: ❑ Follow the generic Activation Phase Checklist. Operational Phase: o Establish and maintain a position log and other necessary files. o Routinely coordinate with the Situation Analysis Unit to determine the status of transportation routes in and around the City. o Routinely coordinate with the Construction/Engineering Branch Coordinator to determine progress of route recovery operations. ❑ Develop a Transportation Plan which identifies routes of ingress and egress; thus facilitating the movement of response personnel, the affected population, and shipment of resources and materiel. o Establish contact with local transportation agencies and schools to establish availability of equipment and transportation resources for use in evacuations and other operations as needed. o Keep the Logistics Section Chief informed of significant issues affecting the Transportation Unit. Demobilization Phase: ❑ Follow the generic Demobilization Phase Checklist. Personnel Unit Leader **** Read This Entire Position Checklist Before Taking Action **** 148 P215 P216 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist 1. Provide personnel resources as requested in support of the EOC and Field Operations. 2. Identify, recruit and register volunteers as required. 3. Develop an EOC organization chart. 4. Supervise the Personnel Unit. Activation Phase: ❑ Follow the generic Activation Phase Checklist. Operational Phase: ❑ Establish and maintain personal log and other necessary files. ❑ In conjunction with the Documentation Unit, develop a large poster size EOC organization chart depicting each activated position. Upon check in, indicate the name of the person occupying each position on the chart. The chart should be posted in a conspicuous place, accessible to all EOC personnel. ❑ Coordinate with the Liaison Officer and Safety Officer to ensure that all EOC staff, to include volunteers, receive a current situation and safety briefing upon check-in. ❑ Establish communications with volunteer agencies and other organizations that can provide personnel resources. ❑ Coordinate with the Operational Area EOC to activate the Emergency Management Mutual Aid System (EMMA), if required. ❑ Process all incoming requests for personnel support. Identify the number of personnel, special qualifications or training, where they are needed and the person or unit they should report to upon arrival. Determine the estimated time of arrival of responding personnel, and advise the requesting parties accordingly. ❑ Maintain a status board or other reference to keep track of incoming personnel resources. ❑ Coordinate with the Liaison Officer and Security Officer to ensure access, badging or identification, and proper direction for responding personnel upon arrival at the EOC. ❑ Assist the Fire Rescue Branch and Law Enforcement Branch with ordering of mutual aid resources as required. ❑ To minimize redundancy, coordinate all requests for personnel resources from the field level through the EOC Operations Section prior to acting on the request. ❑ In coordination with the Safety Officer, determine the need for crisis counseling for emergency workers; acquire mental health specialists as needed. ❑ Arrange for child care services for EOC personnel as required. ❑ Establish registration locations with sufficient staff to register volunteers, and issue them disaster service worker identification cards. ❑ Keep the Logistics Section Chief informed of significant issues affecting the Personnel Unit. Demobilization Phase: ❑ Follow the generic Demobilization Phase Checklist. Supply/Procurement Unit Leader **** Read This Entire Position Checklist Before Taking Action **** 149 P217 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist 1. Oversee the procurement and allocation of supplies and materiel not normally provided through mutua I aid channels. 2. Coordinate procurement actions with the Finance /Administration Section. 3. Coordinate delivery of supplies and materiel as required. 4. Supervise the Supply/Procurement Unit. Activation Phase: o Follow the generic Activation Phase Checklist. Operational Phase: o Establish and maintain a position log and other necessary files. o Determine if requested types and quantities of supplies and materiel are available in City inventory. o Determine procurement spending limits with the Purchasing Unit in Finance/ Administration. Obtain a list of pre -designated emergency purchase orders as required. o Whenever possible, meet personally with the requesting party to clarify types and amount of supplies and materiel, and also verify that the request has not been previously filled through another source. o In conjunction with the Resource Status Unit, maintain a status board or other reference depicting procurement actions in progress and their current status. o Determine if the procurement item can be provided without cost from another jurisdiction or through the Operational Area. o Determine unit costs of supplies and materiel, from suppliers and vendors and if they will accept purchase orders as payment, prior to completing the order. o Orders exceeding the purchase order limit must be approved by the Finance/ Administration Section before the order can be completed. o If vendor contracts are required for procurement of specific resources or services, refer the request to the Finance/Administration Section for development of necessary agreements. o Determine if the vendor or provider will deliver the ordered items. If delivery services are not available, coordinate pickup and delivery through the Transportation Unit. o In coordination with the Personnel Unit, provide food and lodging for EOC staff and volunteers as required. Assist field level with food services at camp locations as requested. o Coordinate donated goods and services from community groups and private organizations. Set up procedures for collecting, inventorying, and distributing usable donations. o Keep the Logistics Section Chief informed of significant issues affecting the Supply/Procurement Unit. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. Facilities Unit Leader **** Read This Entire Position Checklist Before Taking Action **** 150 II RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist 1. Ensure that adequate essential facilities are provided for the response effort, including securing access to - the facilities and providing staff, furniture, supplies, and materials necessary to configure the facilities in a manner adequate to accomplish the mission. 2. Ensure acquired buildings, building floors, and or workspaces are returned to their original state when no longer needed. 3. Supervise the facilities unit. Activation Phase: ❑ Follow the generic Activation Phase Checklist. Operational Phase: ❑ Establish and maintain a position log and other necessary files. ❑ Work closely with the EOC Coordinator and other sections in determining facilities and furnishings required for effective operation of the EOC. ❑ Coordinate with branches and units in the Operations Section to determine if assistance with facility acquisition and support is needed at the field level. ❑ Arrange for continuous maintenance of acquired facilities, to include ensuring that utilities and restrooms are operating properly. ❑ If facilities are acquired away from the EOC, coordinate with assigned personnel and designate a Facility Manager. ❑ Develop and maintain a status board or other reference which depicts the location of each facility; a genera I description of furnishings, supplies and equipment at the site; hours of operation, and the name and phone number of the Facility Manager. ❑ Ensure all structures are safe for occupancy and that they comply with ADA requirements. ❑ As facilities are vacated, coordinate with the facility manager to return the location to its original state. This includes removing and returning furnishings and equipment, arranging for janitorial services, and locking or otherwise securing the facility. ❑ Keep the Logistics Section Chief informed of significant issues affecting the facilities unit. Demobilization Phase: ❑ Follow the generic Demobilization Phase Checklist. Resource Status Unit Leader **** Read This Entire Position Checklist Before Taking Action **** 151 P218 P219 RANCHO CUCAMONGA Responsibilitie s: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist 1. Coordinate with the other units in the Logistics Section to capture and centralize resource status information. 2. Develop and maintain resource status boards in the Logistics Section. 3. Supervise the Resource Status Unit. Activation Phase: ❑ Follow the generic Activation Phase Checklist. Operational Phase: ❑ Establish and maintain a position log and other necessary files. ❑ Coordinate closely with all units in the Logistics Section particularly Supply/ o Procurement, personnel, and transportation. o As resource requests are received in the Logistics Section, post the request on a status board and track the progress of the request until filled. o Status boards should track requests by providing at a minimum, the following information: date & time of the request, items requested, priority designation, time the request was processed and estimated time of arrival or delivery to the requesting party. o Work closely with other logistics units and assist in notifying requesting parties of the status of their resource request. This is particularly critical in situations where there will be delays in filling the request. o An additional status board may be developed to track resource use by the requesting party. Information categories might include the following: actual arrival time of the resource, location of use, and an estimate of how long the resource will be needed. ❑ Keep in mind that it is generally not necessary to track mutual aid resources unless they are ordered through the Logistics Section. Demobilization Phase: ❑ Follow the generic Demobilization Phase Checklist. Finance/Administration Section Finance/Administration Section Chief 152 II RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist **** Read This Entire Position Checklist Before Taking Action **** 1. Ensure that all financial records are maintained throughout the event or disaster. 2. Ensure that all on -duty time is recorded for all City emergency response personnel. 3. Ensure that all on -duty time sheets are collected from Field Level Supervisors or Incident Commanders and their staffs. 4. Ensure there is a continuum of the payroll process for all City employees responding to the event or disaster. 5. Determine purchase order limits for the procurement function in Logistics. 6. Ensure that workers' compensation claims, resulting from the response are processed within a reasonable time, given the nature of the situation. 7. Ensure that all travel and expense claims are processed within a reasonable time, given the nature of the situation. 8. Provide administrative support to all EOC Sections as required, in coordination with the Personnel Unit. 9. Activate units within the Finance/Administration Section as required; monitor section activities continuously and modify the organization as needed. 10. Ensure that all recovery documentation is accurately maintained during the response and submitted on the appropriate forms to the Federal Emergency Management Agency (FEMA) and/or the Governor's Office of Emergency Services. 11. Supervise the Finance/Administration Section. Activation Phase: ❑ Follow the generic Activation Phase Checklist. ❑ Ensure that the Finance/Administration Section is set up properly and that appropriate personnel, equipment, and supplies are in place. ❑ Based on the situation, activate units within section as needed and designate Branch Coordinators for each element: o Time Keeping Unit o Compensation & Claims Unit o Purchasing Unit o Recovery Unit o Ensure that sufficient staff are available for a 24-hour schedule, or as required. o Meet with the Logistics Section Chief and review financial and administrative support requirements and procedures; determine the level of purchasing authority to be delegated to Logistics Section. o Meet with all Unit Leaders and ensure that responsibilities are clearly understood. o In conjunction with Unit Leaders, determine the initial Action Planning objectives for the first operational period. o Notify the EOC Director when the Finance/Administration Section is operational. o Adopt a proactive attitude, thinking ahead and anticipating situations and problems before they occur. 153 P220 P221 RANCHO CUCAMONGA Operational Phase: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist ❑ Ensure that Finance/Administration position logs and other necessary files are maintained. o Ensure that displays associated with the Finance/Administrative Section are current, and that information is posted in a legible and concise manner. o Participate in all Action Planning meetings. o Brief all Unit Leaders and ensure they are aware of the EOC objectives as defined in the Action Plan. o Keep the EOC Director, General Staff, and elected officials aware of the current fiscal situation and othe r related matters, on an on-going basis. o Ensure that the Recovery Unit maintains all financial records throughout the event or disaster. o Ensure that the Time Keeping Unit tracks and records all agency staff time. o In coordination with the Logistics Section, ensure that the Purchasing Unit processes purchase orders and develops contracts in a timely manner. o Ensure that the Compensation & Claims Unit processes all workers' compensation claims, resulting from the disaster, in a reasonable time -frame, given the nature of the situation. o Ensure that the Time -Keeping Unit processes all time -sheets and travel expense claims promptly. o Ensure that the Finance/Administration Section provides administrative support to other EOC Sections as required. o Ensure that all recovery documentation is accurately maintained by the Recovery Unit during the response, and submitted on the appropriate forms to Federal Emergency Management Agency (FEMA) and/or the Governor's Office of Emergency Services. Demobilization Phase: ❑ Follow the generic Demobilization Phase Checklist. Time Keeping Unit Leader **** Read This Entire Position Checklist Before Taking Action **** 154 P222 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist 1. Track, record, and report all on -duty time for personnel working during the event or disaster. 2. Ensure that personnel time records, travel expense claims and other related forms are prepared and submitted to county budget and payroll office. 3. Supervise the time keeping unit. Activation Phase: o Follow the generic Activation Phase Checklist. Operational Phase: ❑ Establish and maintain position logs and other necessary files. ❑ Initiate, gather, or update time reports from all personnel, to include volunteers assigned to each shift; ensure that time records are accurate and prepared in compliance with City policy. o Obtain complete personnel rosters from the Personnel Unit. Rosters must include all EOC Personnel as well as personnel assigned to the field level. o Provide instructions for all supervisors to ensure that time sheets and travel expense claims are completed properly and signed by each employee prior to submitting them. o Establish a file for each employee or volunteer within the first operational period; to maintain a fiscal record for as long as the employee is assigned to the response. o Keep the Finance/Administration Section Chief informed of significant issues affecting the Time -Keeping Unit. Demobilization Phase: ❑ Follow the generic Demobilization Phase Checklist. Compensation and Claims Unit Leader **** Read This Entire Position Checklist Before Taking Action **** 155 RANCHO CUCAMONGA Responsibilities: Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist 1. Oversee the investigation of injuries and property /equipment damage claims involving the City, arising out of the event or disaster. 2. Complete all forms required by worker's compensation program. 3. Maintain a file of injuries and illnesses associated with the event or disaster which includes results of investigations. 4. Supervise the Compensation and Claims Unit. Activation Phase: ❑ Follow the generic Activation Phase Checklist. Operational Phase: ❑ Establish and maintain a position log and other necessary files. o Maintain a chronological log of injuries and illnesses, and property damage reported during the event or disaster. o Investigate all injury and damage claims as soon as possible. o Prepare appropriate forms for all verifiable injury claims and forward them to Workmen's Compensations within the required time -frame consistent with City Policy & Procedures. o Coordinate with the Safety Officer regarding the mitigation of hazards. o Keep the Finance/Administration Chief informed of significant issues affecting the Compensation and Claims Unit. o Forward all equipment or property damage claims to the Recovery Unit. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. Responsibilities: Purchasing Unit Leader **** Read This Entire Position Checklist Before Taking Action **** 156 P223 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist 1. Coordinate vendor contracts not previously addressed by existing approved vendor lists. 2. Coordinate with Supply/Procurement Unit on all matters involving the need to exceed established purchase order limits. 3. Supervise the Purchasing Unit. Activation Phase: o Follow the generic Activation Phase Checklist. Operational Phase: ❑ Establish and maintain position logs and other necessary files. ❑ Review the City's emergency purchasing procedures. ❑ Prepare and sign contracts as needed; obtain concurrence from the Finance/Administration Section Chief. ❑ Ensure that all contracts identify the scope of work and specific site locations. ❑ Negotiate rental rates not already established, or purchase price with vendors as required. o Admonish vendors as necessary, regarding unethical business practices, such as inflating prices or renta I rates for their merchandise or equipment during disasters. o Finalize all agreements and contracts, as required. o Complete final processing and send documents to Budget and Payroll for payment. o Verify costs data in the pre -established vendor contracts and/or agreements. o In coordination with the Logistics Section, ensure that the Purchasing Unit processes purchase orders and develops contracts in a timely manner. ❑ Keep the Finance/Administration Section Chief informed of all significant issues involving the Purchasing Unit. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. Responsibilities: Recovery Unit Leader **** Read This Entire Position Checklist Before Taking Action **** 157 P224 P225 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Appendix 4 SEMS Checklist 1. Collect and maintain documentation of all disaster information for reimbursement from the Federa I Emergency Management Agency (FEMA) and/or Cal EMA 2. Coordinate all fiscal recovery with disaster assistance agencies. 3. Prepare and maintain a cumulative cost report for the event or disaster. 4. Supervise the Recovery Unit and all recovery operations. Activation Phase: o Follow the generic Activation Phase Checklist. Operational Phase: ❑ Establish and maintain position log and other necessary files. o In conjunction with Budget Office, compute costs for use of equipment owned, rented, donated or obtained through mutual aid. o Obtain information from the Resources Status Unit regarding equipment use times. o Ensure that the Budget Office establishes a disaster accounting system, to include an exclusive cost code for disaster response. o Ensure that each section is documenting cost recovery information from the onset of the event or disaster; collect required cost recovery documentation daily at the end of each shift. o Meet with the Documentation Unit Leader and review EOC Position logs, journals, all status reports and Action Plans to determine additional cost recovery items that may have been overlooked. o Act as the liaison for the EOC, with the county and other disaster assistance agencies; to coordinate the cost recovery process. o Prepare all required state and federal documentation as necessary to recovery all allowable disaster response and recovery costs. o Contact and assist Incident Commanders, and obtain their cumulative cost totals for the event or disaster, on a daily basis. o Prepare and maintain a cost report for the Finance/Administration Chief, EOC Director, and City Council. The report should provide cumulative analyses, summaries, and total disaster /event related expenditures for the City. ❑ Organize and prepare records for final audit. ❑ Assist the EOC Coordinator and Planning/Intelligence Section with preparation of the After -Action Report. Demobilization Phase: o Follow the generic Demobilization Phase Checklist. 158 P226 RANCHO CUCAMONGA Rancho Cucamonga Emergency Operations Plan Appendix 5 Supporting Documentation APPENDIX 5 SUPPORTING DOCUMENTATION In Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents, the President directed the Secretary of Homeland Security to develop and administer a unified, national system for managing incidents. The National Incident Management System (NIMS) provides a consistent nationwide approach for Federal, State, tribal, and local governments to work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. NIMS incorporates the best practi ces currently in use by incident managers at all levels and represents a core set of doctrine, concepts, principles, terminology, and organizational processes to enable effective, efficient, and collaborative incident management at all levels. HSPD-5 also directed the establishment of a mechanism for ongoing coordination to provide strategic direction for, and oversight of NIMS. As a result, FEMA's National Integration Center (NIC) was established to support both routine maintenance and the continuous refinement of NIMS and the guidance to Federal Departments and agencies and State, tribal, and local government encouraging its implementation. The NIC developed and maintains the NIMS Compliance Assistance Support Tool (NIMSCAST) as the premier self- assessment instrument for Federal, State, territorial, tribal, and local jurisdictions to evaluate and report achievement of NIMS implementation objectives (activities). NIMSCAST reflects implementation objectives and metrics in support of national preparedness goals, including standards for preparedness assessments and strategies and a system for assessing the Nation's overall ability to prepare for all -hazards incident management. The San Bernardino County Office of Emergency Services is responsible for tracking the County's NIMS compliance and, as required by FEMA and Cal EMA, prepares the annual NIMSCAST report. The City of Rancho Cucamonga is current with all NIMSCAST reporting requirements. 159 P227 RESOLUTION NO. 16-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ADOPTING THE 2016 CITY OF RANCHO CUCAMONGA EMERGENCY OPERATIONS PLAN WHEREAS, the City of Rancho Cucamonga has identified disaster resiliency as a vital function and one of the most important activities undertaken by the City, and WHEREAS, the City is charged and entrusted with the protection of persons and property during an emergency and/or during disaster conditions, and WHEREAS, the City is continuously revising the Emergency Operations Plan and exercising emergency preparedness roles and responsibilities, NOW, THEREFORE, be it resolved that the City Council of the City of Rancho Cucamonga adopts the 2016 Rancho Cucamonga Emergency Operations Plan and authorizes the Director of Emergency Services to make all necessary administrative and operational changes to the plan that are in keeping with the intent of the plan as approved. That the Director of Emergency Services, or his/her duly appointed representative, is authorized and required to perform all duties necessary to carry out the Emergency Operations Plan, and BE IT FURTHER RESOLVED, to ensure the City's Emergency Operations Plan remains current, the Emergency Operations Plan will be presented to the City Council for adoption in accordance with all applicable National, State and local requirements and/or updates. STAFF REPORT )BLIC WORKS SERVICES DEPARTMENT Date: September 21, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: William Wittkopf, Public Works Services Directo By: Ernest Ruiz, Streets, Storm Drains, and Fleet Superintendent Dean Rodia, Parks and Landscape Superintendent Paul Fisher, Management Analyst I P228 RANCHO CUCAMONGA Subject: CONSIDERATION TO APPROVE SPECIFICATIONS FOR THE "CITYWIDE CONCRETE REPAIR - FY 2016/2017 PROJECT" AND AUTHORIZE THE CITY CLERK TO ADVERTISE THE "NOTICE INVITING BIDS"; TO BE FUNDED FROM ACCOUNT NUMBERS 1001318-5300 (STREET MAINTENANCE), 1177303-5300 (MEASURE I), 1131303-5300 (LMD 2) AND 1134303-5300 (LMD 4R) AS APPROVED IN THE FY 2016/2017 BUDGET RECOMMENDATION It is recommended that the City Council approve specifications for the "Citywide Concrete Repair - FY 2016/2017 Project" and authorize the City Clerk to advertise the "Notice Inviting Bids"; to be funded from account numbers 1001318-5300 (Street Maintenance), 1177303-5300 (Measure I), 1131303-5300 (LMD 2) and 1134303-5300 (LMD 4R) as approved in the FY 2016/2017 budget. BACKGROUND/ANALYSIS The "Citywide Concrete Repair— FY 2016/2017 Project" will repair concrete sidewalks, curb/gutters, and drive approaches with potential concrete hazards such as lifts or gaps in the public right of way and City maintained landscapes, including City parks and paseos. The locations requiring repair have been identified by our in- house Sidewalk Inspection Program crew and/or citizen requests. Once Public Works Services identifies a concrete issue, staff schedules a crew to ramp or grind the hazard as a temporary measure thereby reducing the City's potential liability. These locations are then scheduled for permanent repairs as funds become available. The base bid includes concrete repairs in the Caryn Community area, Cucamonga Middle School area, a segment of Milliken Avenue and various parks, paseos, and sidewalks located in Landscape Maintenance Districts 2 and 4R. Additive bid locations include the Alta Loma Junior High School area, Hermosa Elementary School area, and additional locations in Landscape Maintenance Districts 2 and 4R. Legal advertising is scheduled for September 27, 2016 and October 4, 2016 with a bid opening at 2:00 p.m. on Tuesday, October 18, 2016, unless extended by Addenda. A mandatory pre-bid meeting is scheduled at 10:00 a.m. on Thursday, October 6, 2016. Staff anticipates awarding a contract on November 16, 2016. The contractor will have 100 working days to complete the base bid locations with additional time allotted for any additive bids which may be awarded. Attachment: Resolution P229 RESOLUTION NO. 16-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "CITYWIDE CONCRETE REPAIR - FY 2016/2017 PROJECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "CITYWIDE CONCRETE REPAIR - FY 2016/2017 PROJECT" BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, October 18, 2016, sealed bids or proposals for the "CITYWIDE CONCRETE REPAIR - FY 2016/2017 PROJECT" Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of the "CITYWIDE CONCRETE REPAIR - FY 2016/2017 PROJECT" A mandatory Pre -Bid meeting and site tour will be held on Thursday, October 6, 2016, beginning at 10:00 a.m. Refer to Item "0. Pre -Bid Meeting" of the "Instructions to Bidders" of the bid documents for approximate directions. Attendees are required to sign in at the Pre -Bid meeting. Bids from companies that did not have a representative sign in at the Pre -Bid meeting will be rejected. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file Resolution No. - Page 1 of 4 P230 in the office of the City Clerk, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. They can also be found at www.dir.ca.aov/ under the "Statistics and Research" Tab. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be Tess than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars Resolution No. - Page 2 of 4 P231 ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "A" License (General Engineering Contractor) or Class C-8 (Concrete Contractor) License in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. In an effort to go green and paperless, digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available by going to www.ciolist.com and signing up, by going to Member Login or Member Signup (it's free), then choose California, then scroll down to San Bernardino County and click on Browse Cities, then scroll down to Rancho Cucamonga and click on City Projects, then click on the Project of interest under the Title and follow directions for download. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above website then printed. Prospective bidders must register for an account on www.ciolist.com to be included on the prospective bidder's list(s) and to receive email updates of any addenda or revisions to the bid documents. Be advised that the information contained on this site may change over time and without notice to prospective bidders or registered users. Resolution No. - Page 3 of 4 P232 While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to register with www.ciplist.com and to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for the "CITYWIDE CONCRETE REPAIR - FY 2016/2017 PROJECT" may be directed to: Ernest Ruiz Streets Superintendent 8794 Lion St. Rancho Cucamonga, CA 91730 (909) 477-2730, ext. 4108 (e-mail at Ernie.RuizaCitvofRC.us) and Paul Fisher Management Analyst I 8794 Lion St. Rancho Cucamonga, CA 91730 (909) 477-2730 ext. 4138 (e-mail at Paul. FisheraCitvofRC.us) All questions regarding this Notice Inviting Bids must be in writing (e-mail is acceptable) and received by the City no later than 5:00 pm on Monday, October 10, 2016. The City is not responsible for questions undeliverable. ADVERTISE ON: September 27, 2016 and October 4, 2016 Resolution No. - Page 4 of 4 STAFF REPORT PUBIC WORKS SERVICES DI:PAR'1'MI:N'1 Date: September 21, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director By: Dean Rodia, Parks and Landscape Superintendent Kenneth Fung, Assistant Engineer RANCHO CUCAMONGA Subject: CONSIDERATION TO ACCEPT THE BIDS RECEIVED, AWARD AND AUTHORIZE THE EXECUTION OF A CONTRACT IN THE AMOUNT OF $74,690 FOR THE "LMD-4R PARK LIGHTING RETROFIT FINAL PHASE PROJECT" TO THE LOWEST RESPONSIVE BIDDER, REGREEN, INC. OF EL SEGUNDO, AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $7,469 TO BE FUNDED FROM ACCOUNT 1134303-5650/1858134-0 (LMD-4R) RECOMMENDATION It is recommended that the City Council accept the bids received, award and authorize the execution of a contract for the amount of $74,690.00 for the "LMD-4R Park Lighting Retrofit Final Phase Project" to the lowest responsive bidder, ReGreen, Inc. of El Segundo, and authorize the expenditure of a 10% contingency in the amount of $7,469.00 to be funded from account 1134303-5650/1858134-0 (LMD-4R). BACKGROUND/ANALYSIS The City Council approved the plans and specifications and authorized the City Clerk to advertise the "Notice Inviting Bids" for the "LMD-4R Park Lighting Retrofit Final Phase Project" at its July 20, 2016 meeting. During the February 20, 2013 meeting, the City Council awarded the first phase which replaced the existing Tight fixtures in 13 of the 15 LMD-4R paseos with new, energy efficient LED Tight fixtures (total of 138 paseo Tight fixtures). The first phase also replaced the existing park light fixtures at Coyote Canyon Park (6) and Spruce Avenue Park (5) with an equal amount of new energy efficient inductive light fixtures. Subsequently, during the June 18, 2014 meeting, the City Council awarded the second phase of the project. The scope of work involved the removal and replacement of all the light fixtures, poles, foundations and conduits in the remaining two LMD-4R paseos. With remaining funds, the second phase also replaced all but 5 of the existing park light fixtures at Milliken Park with new energy efficient inductive light fixtures. The scope of work for this final phase includes the removal and replacement of the existing park lighting fixtures with energy efficient LED fixtures at Ralph M. Lewis Park (32) and at Mountain View Park (33). The scope of work also includes the replacement of the existing internal components in five light fixtures (located atop poles 3, 6, 8, 9 and 10) in Milliken Park with inductive park light fixture components salvaged from Ralph Lewis Park and/or Mountain View Park. Seven bids for this project were opened at 2:00 p.m. on Tuesday, August 23, 2016 (see attached Bid Summary). Staff has completed the required background investigation and finds that the lowest responsive bidder, ReGreen, Inc. of El Segundo, has met the requirements of the bid documents. The project is scheduled to be completed within thirty (30) working days. Attachment: Bid Summary O L 6 ci m 69 - '— m u E ° c 3 g z LL V� U 6 O vii 9 c E d LL l Eg o 'i .E 3u n3c 1111 5250.00 51,250.00 411. 51,726.93 $55,261.76 8 51,411.56 $45,169.92 545,169.95 543,584.00 51,460.00 8 8 8 8 8 7.1 51,726.93 556,988.69 8 0 8 51,411.56 54 8 8 544,913.00 51,460.00 8 8 8 8 8 8 An 8 32 EA 51,067.00 $34, 8 8 7.1 8 8 Total Base Bid Amount =1 8 8 8 8 8 8 C 8 8 8 8 vi et: b ZIC an 8 8 .g 8 8 8 8 N N m 88 v�i 8 8 8 8 o y 608 °.28 C y� L 55 a 8 q g 1,241:S§ 9i i E c tiE s c ru E5 na49.Y cEj 0 8m °L2Qy E �i rS E s "":"0 m ° E n o E L > E = F 3 c F 3 Total Additive Bid Amount =1 Total Combined Amount =1 (1) The amount stated on the Bid Proposal is actually the Total Combined Amount not the Total Base Bid Amount. P234 STAFF REPORT CITY NLANAGER'S OFFICL P235 RANCHO Date: September 21, 2016 CUCAMONGA To: Mayor and Members of the City Council President and Members of the Board John Gillison, City Manager From: Fabian Villenas, Principal Management Analyst By: Deborah Allen, Management Aide- Sustainability Subject: CONSIDERATION TO APPROVE AN INCREASE TO CONTRACT NO. CO 14-247 IN THE AMOUNT OF $55,950 TO NEWCOMB, ANDERSON, MCCORMICK FOR ADDITIONAL ENERGY ENGINEERING SERVICES, $46,500 FROM ACCOUNT NO. 1025001-5300 AND $9,450 FROM 3288501-5300 AND APPROVE APPROPRIATIONS IN THE AMOUNT OF $46,500 FROM CITY CAPITAL RESERVES TO ACCOUNT NO. 1025001-5300 AND $9,450 FROM FIRE DISTRICT RESERVES TO ACCOUNT NO. 3288501-5300. RECOMMENDATION It is recommended that the City Council approve an increase to Contract No. 14-247 in the amount of $55,950 to Newcomb, Anderson, McCormick for additional solar energy engineering services, $46,500 from Account No. 1025001-5300 and $9,450 from 3288501-5300 and approve appropriations in the amount of $46,500 from City Capital Reserves to Account No. 1025001-5300 and $9,450 from Fire District Reserves to Account No. 3288501-5300. BACKGROUND Newcomb, Anderson, McCormick (NAM) has provided solar energy engineering since the City was initially involved in SANBAG's regional joint solar procurement effort in 2012. As SANBAG's regional efforts concluded, the City contracted with NAM to continue providing services to the City for the SolarRC Expansion Project to install solar power at Central Park, Epicenter, Animal Center, and Day Creek and Banyan Fire Station. These projects were successfully completed and two of the five sites are currently energized. The remaining sites are slated to be energized this month. NAM has provided critical solar engineering services throughout the project including securing the California Solar Initiative rebates, preparing technical specifications, drafting procurement documents, developing the Request for Proposal (RFP), establishing evaluation criteria, reviewing vendor proposals, assisting with contract negotiations, performing construction management, providing technical oversight, establishing system testing procedures, and performing commissioning tasks. As part of the City's continuing efforts to capitalize on solar power, NAM has also completed several solar feasibility studies for other City sites. The results of the analysis show that Red Hill Park, City Hall East Lot, and the Corporate Yard warehouse could benefit from solar energy and generate energy savings over the life of the systems. In addition, two upcoming City buildings, the Rancho P236 CONSIDERATION TO APPROVE AN INCREASE TO CONTRACT NO. CO 14-247 IN THE AMOUNT OF $55,950 TO NEWCOMB, ANDERSON, MCCORMICK FOR ADDITIONAL ENERGY ENGINEERING SERVICES, $46,500 FROM ACCOUNT NO. 1025001-5300 AND $9,450 FROM 3288501-5300 AND APPROVE APPROPRIATIONS IN THE AMOUNT OF $46,500 FROM CITY CAPITAL RESERVES TO ACCOUNT NO. 1025001-5300 AND $9,450 FROM FIRE DISTRICT RESERVES TO ACCOUNT NO. 3288501-5300. SEPTEMBER 21, 2016 Cucamonga Sports Center and the Fire Training Facility, will be built as "solar -ready". These yet -to - be -built facilities would be part of the Request for Proposal (RFP) for the installation of solar photovoltaic system. By bundling these five sites together, it is believed the economies of scale will provide the City and Fire District with very competitive bids. The scope of work includes: • Draft technical specifications • Document existing conditions for each site • Develop evaluation methodology, scoring criteria and scoring sheets • Identify and edit model solar implementation agreement • Prepare for and attend proposers' conference and site walks • Prepare responses to proposer questions • Develop addenda(s), as needed • Review and conduct preliminary proposal scoring • Estimate energy usage for sites not yet constructed • Develop a vendor short list for interviews • Develop Proposal Evaluation Report • Develop negotiation strategies and represent City and Fire District in negotiations • Identify cost drivers and other scope issues in need of negotiating • Develop and/or review contract modifications Once the RFP for the sites has been developed, staff will bring it back to Council for authorization to advertise the "Notice of Inviting Proposals". Upon receiving the RFP responses and conducting the necessary analysis, staff will provide Council with recommendation options for moving forward with all, some, or none of the sites, as well as a financing plan. A City Capital Reserve appropriation of $46,500 is requested for Red Hill Park, City Hall, and the Corporate Yard sites. An appropriation of $9,450 from Fire District Reserves is requested for the Sports Center, and the Fire Training Facility. Both of these new facilities support the Fire District's commitment to emergency preparedness and disaster resiliency and will be a resource to the community before, during and after an emergency. CONCLUSION Staff recommends that the City Council approve an increase to Contract No. 14-247 in the amount of $55,950 to Newcomb, Anderson, McCormick for additional solar energy engineering services, $46,500 from Account No. 1025001-5300 and $9,450 from 3288501-5300 and approve appropriations in the amount of $46,500 from City Capital Reserves to Account No. 1025001-5300 and $9,450 from Fire District Reserves to Account No. 3288501-5300. STAFF REPORT ADMINIS I RATWE SERVICES Date: September 21, 2016 To: Mayor and Members of City Council President and Members of the Board of Directors John R. Gillison, City Manager From: Ruth Cain, CPPB, Procurement Manager(ra--- By: Cheryl Combs, Procurement Technician Arrisc237 - RANCHO CUCAMONGA Subject: CONSIDERATION TO DECLARE SURPLUS FOR CITY OWNED VEHICLES, OFFICE AND COMPUTER EQUIPMENT, AND MISCELLANEOUS ELECTRONICS THAT HAVE BEEN DEEMED NO LONGER NEEDED, OBSOLETE OR UNUSABLE. RECOMMENDATION It is recommended that City Council approve to declare surplus for City owned miscellaneous vehicles, office and computer equipment, and miscellaneous electronics that have been deemed no longer needed, obsolete or unusable. BACKGROUND It has been the policy of the City to request that the City Council provide authorization to the Purchasing Manager to dispose of City property by declaring such items as surplus. Items become surplus when they have been deemed obsolete and unsuitable for City use. Methods of surplus are as follows: transfer to another department, trade-in, and sale by auction, sale as scrap by auction, donation, or simply disposing of the equipment through methods that reduce landfills and promote safe recycling practices. Prior to compiling the vehicle surplus list, the Purchasing Manager relies on information provided by Fire and Public Works Services' staff to determine whether or not a vehicle should be deemed as surplus. Factors such as a vehicle's depreciation, mileage/use, age, condition, maintenance history, and lack of parts availability are taken into careful consideration prior to placing a vehicle on the surplus list. The majority of items to be considered for surplus at this time are fleet vehicles and computer equipment. If the City Council is in agreement, these items will be disposed of through auction or best method as determined by the Purchasing Manager. CONSIDERATION TO DECLARE SURPLUS DEEMED No LONGER NEEDED SEPTEMBER 21, 2016 PAGE 2 COMPUTER EQUIPMENT F/A No. IS00107 IS00104 IS00116 IS00120 IS00108 3050 4036 4022 3616 3602 3353 3439 3254 3600 3899 928 3281 885 3282 703 02928 IS00222 00551 02262 03249 00364 02943 03020 RC003024 04591 04592 04398 00550 03280 RC005147 RC005138 RC005149 RC005139 RC005082 RC005089 IS00653 01116 00189 Description Make/Model APC UPS Smart UPS 1500 APC UPS Smart UPS 1500 APC UPS Smart UPS 1500 APC UPS Smart UPS 1500 APC UPS Smart UPS 1500 APC UPS Smart UPS 1500 Lenovo Think Center MT -M 881-3vI Lenovo Think Center MT -M 933637-WCB IBM Thinkpad T60 IBM Thinkpad T60 Panasonic Laptop CF -Y4 Panasonic Laptop CF -Y5 IBM Thinkpad T43 IBM Thinkpad T60 IBM Thinkpad T60 IBM Thinkpad T43 Panasonic Toughbook CF -29 Panasonic Toughbook CF -29 Panasonic Toughbook CF -29 HP Laserjet 1300N HP Photo Smart 812 Q2146A HP Jetdirect Box 300X Ocean Systems Server E Server 240 X Series HP Laserjet 4250 dtn HP Printer LJ 4000 Ithaca Printer Series 90 Ithaca Printer Series 90 Ithaca Printer Series 90 IBM IBM POS IBM Surepoint IBM IBM POS IBM Surepoint IBM IBM POS IBM Surepoint Digital Inteligent F.R.E.D. Hard Drive Panasonic Laptop Lenovo Thinkvision Monitor 9419-HC2 Lenovo Thinkvision Monitor 9419-HC2 Lenovo Thinkvision Monitor 9419-HC2 Lenovo Thinkvision Monitor 9419-HC2 IBM ThinkVision Monitor 6636-AB1 IBM ThinkVision Monitors 6636 HB1 Dell Monitor REVA00 HP Laserjet 5550 DTNQ3716A HP Printer LJ3005 DNQ7815A Serial No. AS0846231654 AS0846231649 AS0921222348 AS0921222408 AS0846231636 AS0322111415 LKFVAXO LKCKAZO L31 L5D4 L31 K 1 Z9 CF-Y4HWPZZBM 61JSA42855 L3BXEM4 L31 G8K4 L34P7T5 L3C2008 5KKSA77093 5AKSA92412 5KKSA77089 CNCB237408 N/A J3263-60021 2118608 23GF568 CNGXD35647 USEK061694 HP002365498 H R002350376 HR002350378 MTM1S485256641 DR220 MTM1S485256641 DR908 MTM 1548525264123614 WI20021104A CF29L3LG2BM VLDM183 VLDM178 VLDM192 VLDL908 VID5827 VI D6021 CN-OGSCCV6418031033U JPFC64V03K JPRFC21746 P238 CONSIDERATION TO DECLARE SURPLUS DEEMED No LONGER NEEDED SEPTEMBER 21, 2016 PAGE 3 F/A No. 01172 01055 3442 03325 DoIT 1048 DoIT 1057 DoIT 1094 2317 00577 003333 003339 RC00925 RC000887 Description Make/Model HP Printer LJ3600DNQ5988A HP Printer LJ2605Q7822A HP Printer HP9500 HP Printer HP9500 HP Printer HP4700 Lenovo Monitor L192P HP Monitor LA2006X Epson Projector EMP -715 Lenovo Monitor L2021 Apple IMAC A1173 Apple IMAC A1173 IBM eServer Rack P5 IBM eServer Rack P -Series VEHICLES & LARGE EQUIPMENT Unit # 65-98 72-87 703 812 1526 Year 1998 1987 1992 2000 2004 1648 2005 2502 2512 2642 2004 2003 2007 2715 2008 2641 2643 2644 2650 1632 1651 2008 2009 2007 2008 1997 2000 Vehicles Ford Explorer International Step Van E-350 Motor Home FORD F-350 FORD F-350 Schwarze Sweeper Ford Dump Bed F-350 4X4 Ford Stake Bed F-250 4X4 Schwarze Sweeper FORD RANGER 4X2 (vehicle totaled) Schwarze Street Sweeper Schwarze Street Sweeper Schwarze Street Sweeper Schwarze Street Sweeper Inernational Dump Truck INTL Vactor Sewer Truck VIN # 1 FMZU34X3WZC11925 1 HTMAZMH5HH485223 1 FDKE3062NHB47496 1 FDWX36S1 YEE25107 1 FDWW36S54EA50013 1FVABTB575DU84925 1 FDWX33S94ED29658 1 FDNX215X3ED35606 2FZXCL0027AY84824 1FTYR14U68PA15505 2FZXCC0058A290587 49HXCP0017DY00421 2FZXCL0067AY84826 2FZXCL0038AZ90586 1 HTSCAAL2WH526593 1 HTGCADT81 H279865 Serial No. CNWHH44350 CNGC7IKDYF JPNJB05397 JPNJB04024 JP2LD06891 VLDP459 CNC1450YKH CWQ01 X0046C V262229 QP6230TFU2R QP6230TEU2R 10-402EF 10-E700D Condition FAIR FAIR UNKNOWN UNKNOWN UNKNOWN FIRE DAMAGE UNKNOWN UNKNOWN BODY DMG T/C T - BONED UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN Mileage 87,345 56,608 34,934 68,373 94,648 58,886 93,616 117,669 51,594 9,143 60,667 36,119 58,572 61,388 62,732 51,468 P239 Dept. FIRE FIRE PW PW PW PW PW PW PW PW PW PW PW PW PW PW CONSIDERATION TO DECLARE SURPLUS DEEMED No LONGER NEEDED SEPTEMBER 21, 2016 PAGE 4 Unit # Year E502 2002 E506 2003 E510 2005 E511 2005 E528 2005 1528 1994 E547 2005 575P 2002 595 1990 E602 2002 E606 2004 E607 2004 659 1991 821 1998 872 1995 E871 2003 891 1998 1597 2000 1646 2000 1647 2000 E6070 1999 1582 2002 10503 2000 Equipment XMARK LAZER MOWER Exmark Mower, Lazer Smithco Field Rake Cushman Turf Untility art John Deer Utility Cart John Deer Gator 4X2 Utility Cart Smithco Field Rake SDI Spayer Clarke 576-415 Unknown Water pump Advance Message Board ADV. Safety MESSAGE BOARD Wacker Roller OFFICE EQUIPMENT F/A No. 01532 00568 00547 00364 E-9 00260 00014 SDMO Generator EZ GO Golf Cart EZ GO Golf Cart Advance Lot Sweeper John Deer Cart John Deer LOADER John Deer Back Hoe Berema Pionjar VERMEER CHIPPER John Deer UTILITY CART VIN # LZ26KC724 465466 43008 2319460 WOE4X2EO11926 W004X2X011556 43010 31230 Lot Sweeper Unknown Unknown MMC85T116 620081120 4AGEU 1624XCO284 28 878109 1526265 UNKNOWN WOE4X2001401 DW544HX578359 T0410EX892213 903173 1 VRU 111 A7210023 22 WOOTURF008625 Condition UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN UNKNOWN P240 Dept. PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW UNKNOWN PW Description Make/Model Microfilm Reader Printer (RP) 603Z (Minolta Konica -Minolta) Bell & Howell RP603Z HP PSC 2500 Canon PowerShot A80 TYPEWRITER IBM Selectric II Typewriter MicroFiche Reader Serial No. 316647 Q3093A 8226023234 E-75 6793861 25147H P241 CONSIDERATION TO DECLARE SURPLUS DEEMED NO LONGER NEEDED SEPTEMBER 21, 2016 PAGE 5 MISC. ELECTRONIC EQUIPMENT F/A No. Description Make/Model Serial No. 21520 Canon E0S630 Camera 2609090 21519 Canon Speedlight 300EZ N/A 01708 RCA TV/F32632SB 738270413 01267 Zenith TV -VCR Combo/TVR1920-1 45003149 00292 Motorola Radio Centracom II PC N/A 00293 Motorola Radio Centracom II Controller N/A 00698 Advanced Safety Products N/A 02450 Micron Electronics Computer for use with message boards 1430073-0001 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: September 21, 2016 RANCHO To: Mayor and Members of the City Council CUCAMONGA John R. Gillison, City Manager From: Jason C. Welday, Director of Engineering Services/City Engineer G By: Albert Espinoza, Assistant City Engineer Subject: CONSIDERATION FOR APPROVAL OF COOPERATIVE AGREEMENT BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF RANCHO CUCAMONGA FOR THE OPERATION AND MAINTENANCE OF THE SAN BERNARDINO VALLEY COORDINATED TRAFFIC SIGNAL SYSTEM P242 RECOMMENDATION It is recommended that the City Council approve the attached Cooperative Agreement between San Bernardino County Transportation Authority and the City of Rancho Cucamonga for the operation and maintenance of the San Bernardino Valley Coordinated Traffic Signal System (SBVCTSS). BACKGROUND/ANALYSIS In July 2011, the San Bernardino Associated Governments (SANBAG) Board entered into individual memoranda of understanding (MOU) with local agencies which define the roles and responsibilities for the continual operation and maintenance of the SBVCTSS. This agreement is collectively known as MOU C11223 which is set to expire in September of this year. The SBVCTSS is now in its eighth year of full operation. To continue to bring to the traveling public the benefits of the system, the SBVCTSS will need on-going maintenance and oversight. Maintenance will include updating coordinated timing, semi-annual system assessments, and on-call services. In Tight of the current MOU expiring, SANBAG has been working with local agencies to develop a cooperative agreement to address future maintenance. During development of the cooperative agreement, it was found that some local agencies desired to lead the effort to retime that portion of the SBVCTSS within their jurisdictional boundaries. Toward this end, cities have the option to select from two forms of the proposed cooperative agreement. The agreements contain essentially the same terms with the main difference lies in the delegation of responsibility for the revision and implementation of traffic signal timing to either the local agency or SANBAG. In order to maintain local operational control of the City's traffic signal system, City staff is proposing the local agency option and will take the lead in initiating future updates of the SBVCTSS. With this new cooperative agreement, the City will be eligible for two forms of reimbursement from SANBAG for the SBVCTSS corridors within the City. The City will be eligible for an annual reimbursement for maintaining the traffic signal communication system between the individual intersections and the traffic management center. The City will also be eligible for future reimbursements for a portion of the cost for retiming of street corridors within the SBVCTSS network that have been designated in the agreement. Based on local agency input and available funding, SANBAG staff will work with the cities to prioritize the order for retiming of the SBVCTSS corridors. As noted above, City staff will take the lead for the retiming efforts on corridors within the City and will seek reimbursement as described in the agreement. This agreement is for a period of three (3) years with an option to extend two (2) more years to ensure the SBVCTSS continues to operate as planned in an efficient manner. The SANBAG Board of Directors approved the draft templates of the cooperative agreement on September 7, 2016, with local agencies, which included Rancho Cucamonga. P243 CITY COUNCIL STAFF REPORT - COOPERATIVE AGREEMENT WITH SBCTA September 21, 2016 Page 2 Attached for consideration of the City Council is a cooperative agreement between SANBAG (acting in its role as the San Bernardino County Transportation Authority) and the City to allow for the operation and maintenance of the SBVCTSS. This agreement would supersede MOU C11223. The City Council's approval of the agreement will authorize the Mayor to execute the final Cooperative Agreement with SANBAG, provided the Cooperative Agreement is substantially in the form of the attached Draft Agreement. The City Attorney has reviewed the attached agreement as to form. Attachment: Exhibit "A" — Draft Cooperative Agreement P244 Cooperative Agreement No. 16-1001395 COOPERATIVE AGREEMENT NO. 16-1001395 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF RANCHO CUCAMONGA FOR SAN BERNARDINO VALLEY COORDINATED TRAFFIC SIGNAL SYSTEM Operation and Maintenance (LOCAL AGENCY RETIMING) THIS Cooperative Agreement (hereinafter "AGREEMENT") is made and entered into by and between the San Bernardino County Transportation Authority (hereinafter referred to as "AUTHORITY") and the City of Rancho Cucamonga (hereinafter "CITY"). CITY and AUTHORITY may be referred to herein as a "PARTY" and collectively "PARTIES". 1. RECITALS A. WHEREAS, on September 1, 1999, the AUTHORITY approved development of the San Bernardino Valley Coordinated Traffic Signal System (SBVCTSS) to be implemented over a 10 -year period. AUTHORITY worked with CITY, California Department of Transportation ("Caltrans"), and other local agencies to implement a multijurisdictional plan for interconnecting and coordinating traffic signals in the San Bernardino Valley. The goal of the SBVCTSS is to decrease arterial travel times, congestion and pollution; B. WHEREAS, in 2002 starting with the SBVCTSS Master Plan, PARTIES, Caltrans and the other local agencies implemented signal coordination on major arterial corridors on a valley -wide scale in various phases designated as Tiers 1, 2, 3 and 4, and included over 1,250 signalized intersections controlled by fifteen (15) cities, the County of San Bernardino and Caltrans. Both the Tiers 1 and 2 phase (completed in 2008) and Tiers 3 and 4 phase (completed in 2012), at system "turn -on", showed significant improvements in arterial travel times and reductions in stops and delays; C. WHEREAS, in July 2011, the AUTHORITY entered into individual Memorandums of Understanding (MOU) with the CITY, and other local agencies, which define the roles and responsibilities for the continual operation and maintenance of the SBVCTSS; these MOUs are collectively known as AUTHORITY's MOU C11223; D. WHEREAS, the PARTIES desire that this Cooperative Agreement supersede MOU C11223; E. WHEREAS, the SBVCTSS is an intricate system requiring constant monitoring and maintenance to ensure maximum benefits; Page 1 of 12 P245 Cooperative Agreement No. 16-1001395 F. WHEREAS, to obtain maximum benefit of the systems, the PARTIES would like to enter into this Agreement to ensure the SBVCTSS continues to operate in an efficient manner, including maintaining traffic signal coordinated timing across jurisdictional boundaries, in a continual effort to reduce delays and improve travel times, mobility and air quality in the San Bernardino Valley; G. WHEREAS, to assist in obtaining the maximum benefit of the system, the PARTIES wish to work in partnership to maintain the system corridors listed in Table 1 attached hereto, by conducting a periodic assessment (hereinafter referred to as "Assessment Program"); H. WHEREAS, industry standards recommend timing to be updated every 3 to 5 years depending on changes in traffic volumes and patterns and roadway geometric improvements, and without updating the coordinated timing the benefits of SBVCTSS diminish; I. WHEREAS, to obtain the benefit of updated coordinated timing, the PARTIES propose updating and implementing revised timing plans for the SBVCTSS corridors listed in Table 2 attached hereto, including Caltrans owned signals on these corridors (hereinafter referred to as "Timing Project"); J. WHEREAS the SBVCTSS may require unique support services not normally provided by CITY to address major SBVCTSS coordination issues (hereinafter referred to as "Support Services"); K. WHEREAS, PARTIES want to continue operation and maintenance of the SBVCTSS for another three (3) years with an option to extend two (2) more years to ensure the SBVCTSS continues to operate as planned in an efficient manner, with communication and cooperation among AUTHORITY and CITY, to maintain the benefits the system affords to the traveling public; and L. WHEREAS, this AGREEMENT does not transfer ownership nor does it transfer any legal responsibilities associated with ownership, operation and maintenance of the existing and future improvements from current owners unless specifically stated below. NOW, THEREFORE, the PARTIES agree as follows: II. EFFECTIVE DATE/TERM THIS AGREEMENT shall be effective as of the date executed by AUTHORITY and shall terminate when the AUTHORITY's annual reimbursement as described in Section III, Subsection C is complete or December 31, 2021 whichever is earlier, unless earlier terminated in accordance with this Agreement or by mutual agreement. The indemnification and defense obligations and any other terms that contemplate obligations lasting beyond the termination date shall survive termination of this Agreement. Page 2 of 12 Cooperative Agreement No. 16-1001395 III. AUTHORITY RESPONSIBILITIES: AUTHORITY agrees: A. To be the lead agency for the Assessment Program and Support Services, including the selection and retention of consultants, contractors, and coordination with the other Local Agencies for the Assessment Program and Support Services. Performance of services under these consultant and/or contractor contracts shall be subject to the technical direction of the AUTHORITY's Director of Project Delivery, or his designee, with input and consultation from CITY. B. In support of the PROJECT, to; i. Reimburse the CITY for 50% of the funding for the CITY -incurred Timing Project costs up to a maximum cost of $2,000 per signal. The Timing Project costs may include CITY management costs as described in Section IV.B. The total Timing Project costs shall not exceed $166,000. The AUTHORITY's funding of the Timing Project will be limited to the extent of available funding. C. To administer the Assessment Program, to: i. Provide a $500 annual reimbursement to the CITY for each CITY signal on the SBVCTSS corridors listed in Table 1 found to be coordinated as described in Attachment A during AUTHORITY's semi-annual assessment. The AUTHORITY will provide the annual reimbursement for three years, with an option, at AUTHORITY's sole discretion, to extend the period by an additional two years, from the date AUTHORITY deems the corridor coordinated. For a corridor found not coordinated as described in Attachment A for two consecutive assessments, the CITY will not receive the annual reimbursement for the corridor and will not have the annual reimbursement reinstated until the corridor is found to be coordinated in a subsequent assessment. ii. Perform and fund 100% of the semi-annual assessment as described by Attachment A. D. As the lead of the Support Services, to: i. Provide and fund 100% of the cost for on-call Support Services to assist the CITY on a case-by-case basis to address major traffic signal coordination and related communication system issues on the SBVCTSS corridors listed in Table 1 that cannot be resolved by the CITY. Support Services includes training, a maximum of once per year, for CITY staff in the use and maintenance of coordinated traffic signal system equipment and software. These extra Support Services will be considered upon written request from the CITY to AUTHORITY, and if granted at the discretion of the AUTHORITY, will not alleviate the CITY's responsibility for daily operations and maintenance of the signal timing equipment and communications. E. To designate a Project Manager to represent AUTHORITY through whom all communications with the CITY shall be channeled. Page 3 of 12 P246 P247 Cooperative Agreement No. 16-1001395 F. To perform the services in accordance with State and Federal standards and practices as applicable. G. To assist in responding to public inquiries regarding the signal timing plans for the corridors. H. To be responsible for its own administrative and management cost for the Timing Project, Assessment Program and Support Services. IV. CITY'S RESPONSIBILITIES CITY agrees: A. To be the lead agency for the Timing Project, including the selection and retention of consultants, contractors, and coordination with other Local Agencies. Performance of services under these consultant and/or contractor contracts shall be subject to the technical direction of the CITY's City Engineer, or his designee, with input and consultation from AUTHORITY. B. Provide 50% of the Timing Project cost and 100% of cost that exceeds $2,000 per signal from sources at the discretion of the CITY, such as Local Funds, Measure I Valley Major Street or Measure I Local Street. The Timing Project cost may include a CITY management cost not to exceed 10% of Signal System Consultant cost. The total CITY's contribution shall not exceed $166,000. The CITY's funding of the Timing Project will be limited to the extent of available funding. C. As the lead of the Timing Project, to: i. Provide AUTHORITY with a schedule to complete the Timing Project. ii. Implement revised timing plans. iii. Provide AUTHORITY with the signal coordinated timing plan, and the Before and After Study results. D. In support of the Assessment Program, to; i. Provide read-only remote access to AUTHORITY's consultant to CITY's Central System to assess communication and coordination of SBVCTSS corridors. ii. Provide, maintain and operate traffic signal communication equipment between traffic signals, the Traffic Management Center as well as remote access to CITY's Traffic Management Center. iii. For a corridor found not coordinated as described in Attachment A for two consecutive assessments, the CITY acknowledges it will not receive the annual reimbursement for the corridor and will not have the annual reimbursement reinstated until the corridor is found to be coordinated in a subsequent assessment. E. In support of Support Services, to; Page 4 of 12 P248 Cooperative Agreement No. 16-1001395 i. Request in writing to AUTHORITY on-call support services to assist the CITY on a case-by-case basis to address major traffic signal coordination and related communication system issues on SBVCTSS corridors eligible for reimbursement as listed in Table 1 that cannot be resolved by the CITY. These extra services will be considered upon written request and justification from the City to AUTHORITY, and if granted at the discretion of the AUTHORITY, would not alleviate the CITY's responsibility for daily operations and maintenance of the signal timing equipment and communications. D. To maintain a common time source (either a GPS time clock, or other highly accurate time source) at the appropriate local controller system, field master traffic signal controller or centralized control center for its signals along SBVCTSS arterials identified in Table 1 and shall resynchronize the system clock time at 12:00 midnight each day. E. If modifying existing signalized intersection or constructing new signalized intersection on a coordinated signal system corridor, CITY shall be responsible for providing traffic signal control equipment, traffic signal communications equipment and a signal timing plan that is compatible with such corridor. F. To be responsible for funding for the on-going monitoring, maintenance and timing adjustments of SBVCTSS signals within CITY's jurisdiction. G. To provide the AUTHORITY with updated timing plans when timing adjustments are made. H. To designate a responsible staff member who will be CITY's representative in attending meetings, receiving communication, and reviewing the Timing Project and Assessment documents. I. To be the lead on responding to public inquiries regarding the signal timing plans for the corridors within the CITY's jurisdiction. V. MUTUAL RESPONSIBILITIES A. To cooperate and coordinate with all PARTIES, adjacent Cities, Caltrans, County of San Bernardino and other jurisdictions, their staff, contractors, consultants and vendors in providing the services and responsibilities required under this AGREEMENT to the extent practicable with respect to the performance hereunder. B. To work together in good faith, using reasonable efforts to resolve any issues, changes or disputes arising out of this AGREEMENT. C. The Timing Project can be completed in total or in phases depending on the available funding from both PARTIES. D. Neither CITY nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority or jurisdiction delegated to AUTHORITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, AUTHORITY shall fully defend, Page 5 of 12 P249 Cooperative Agreement No. 16-1001395 indemnify and save harmless CITY its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority or jurisdiction delegated to AUTHORITY under this AGREEMENT. E. Neither AUTHORITY nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless AUTHORITY its affiliated entities, members officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. "Its affiliated entities" as used herein shall mean the San Bernardino Associated Governments, the San Bernardino County Transportation Commission, the San Bernardino County Service Authority for Freeway Emergencies and the San Bernardino County Congestion Management Agency. F. CITY is a public entity with Professional Liability, General Liability and Automobile Liability policies of $ 1,000,000each and Workers' Compensation insurance coverage in the statutory limits, to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT, or through self-insurance in accordance with applicable provisions of California law. CITY shall contractually require any contractor or consultant retained to perform Timing Project work to maintain sufficient insurance coverage and to name AUTHORITY as an additional insured under its Commercial General Liability and Automobile Liability Insurance Policies. If CITY fails to maintain the required insurance coverage, AUTHORITY reserves the right to terminate the AGREEMENT or purchase such additional insurance and bill CITY or deduct the cost from any payments owed to CITY. G. AUTHORITY is a public entity with Professional Liability, General Liability and Automobile Liability policies of $10,000,000 each and Workers' Compensation insurance coverage in the statutory limits, to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. AUTHORITY shall contractually require any contractor or consultant retained to perform Assessments or Support Services to maintain sufficient insurance coverage and to name CITY as an additional insured under its Commercial General Liability and Automobile Liability Insurance Policies. H. All PARTIES hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said PARTIES and that, by so executing this AGREEMENT, the PARTIES hereto are formally bound to this AGREEMENT. I. Except on subjects preempted by Federal law, this AGREEMENT shall be governed and construed in accordance with the laws of the State of California. All PARTIES agree to Page 6 of 12 P250 Cooperative Agreement No. 16-1001395 follow all local, state, county and federal laws and ordinances with respect to performance under this AGREEMENT. J. The PARTIES agree that each PARTY and any authorized representative, designated in writing to the PARTIES, and upon reasonable notice, shall have the right during normal business hours to examine all PARTIES' financial books and records with respect to this AGREEMENT. The PARTIES agree to retain their books and records for a period of five (5) years from the later of; (a) the date on which this AGREEMENT terminates; or (b) the date on which such book or record was created. K. If any clause or provision of this AGREEMENT is found by a court of competent jurisdiction to be illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the PARTIES that the remainder of this AGREEMENT shall not be affected but shall remain in full force and effect. L. This AGREEMENT can be amended with a written amendment when agreed upon and duly authorized to be executed by all PARTIES. Facsimile signatures will be permitted. M. In the event of litigation arising from this AGREEMENT, each PARTY to this AGREEMENT shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs D and E of this Section. N. This AGREEMENT may be signed in counterparts, each of which shall constitute an original. O. Any notice required or authorized to be given hereunder or any other communications between the PARTIES provided for under the terms of this AGREEMENT shall be in writing, unless otherwise provided for herein, and shall be served personally, by reputable courier; by postage -paid and certified United States Mail (return receipt requested) or by facsimile addressed to the relevant party at the address/fax number stated below. P. Notice given under or regarding this AGREEMENT shall be deemed given (a) upon actual delivery, if delivery is personally made or by fax or private courier; or (b) upon deposit into the United States Mail, postage paid and certified (return receipt requested), if properly addressed. Notice shall be sent to the respective Party at the address indicated below or to any other address as a Party may designate from time to time by a notice given in accordance with this paragraph. a. If to CITY City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Attention: Jason Welday Title: Director of Engineering Services/City Engineer b. If to AUTHORITY: San Bernardino County Transportation Authority 1170 West 3rd Street, 2nd Floor San Bernardino, CA 92410 Page 7 of 12 Cooperative Agreement No. 16-1001395 Attention: Garry Cohoe Director of Project Delivery Q. The Recitals stated above are true and correct and are incorporated by this reference into the AGREEMENT. R. Tables 1 and 2 and Attachment A are attached to and incorporated into this AGREEMENT. SIGNATURES ON THE FOLLOWING PAGE: Page 8 of 12 P251 Cooperative Agreement No. 16-1001395 SIGNATURE PAGE TO COOPERATIVE AGREEMENT NO. 16-1001395 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF RANCHO CUCAMONGA SAN BERNARDINO COUNTY CITY OF RANCHO CUCAMONGA TRANSPORTATION AUTHORITY By: By: Raymond W. Wolfe L. Dennis Michael Executive Director Mayor, City of Rancho Cucamonga Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Eileen Monaghan Teichert James L. Markman General Counsel City Attorney Page 9 of 12 P252 P253 Cooperative Agreement No. 16-1001395 TABLE 1 Corridors Eligible for Reimbursement No. Arterial Street Limits Number of Signals 1 Archibald Avenue 2 Arrow Road 3 Base Line Road 4 Carnelian Street 5 Day Creek Boulevard 6 Foothill Boulevard 7 Grove Avenue 8 Haven Avenue 9 Milliken Avenue 10 Vineyard Avenue 11 4th Street 12 13 4th Street to Lemon Avenue Baker Avenue to Etiwanda Avenue Etiwanda Avenue to East Avenue Vineyard Avenue to Lemon Avenue Baseline Road to Highland Avenue San Bernardino Road to Cornwall Ct/Ave 9th Street to San Bernardino Road Trademark Street to Lemon Avenue 6th Street to Vintage Drive San Bernardino to 9th Street 4th Street @ Golden Oak Road 13 9 3 8 6 23 3 14 15 3 1 Total Number of Signals 98 Note: Traffic signals added to an "Arterial Street" within the `Limits" as described by Table 1 after the execution of this Agreement may be added to Table 1 without an amendment. Page 10 of 12 P254 Cooperative Agreement No. 16-1001395 Table 2 Corridors Receiving Timing Plan Update Number Limits of Signals No. Arterial Street 1 Archibald Avenue 2 Arrow Road 3 Base Line Road 4 Carnelian Street 5 Day Creek Boulevard 6 Foothill Boulevard 7 Grove Avenue 8 Haven Avenue 9 Milliken Avenue 10 Vineyard Avenue 11 4th Street 12 13 4th Street to Lemon Avenue Baker Avenue to Pecan Avenue Etiwanda Avenue to East Avenue Vineyard Avenue to Lemon Avenue Baseline Road to Highland Avenue Day Creek Blvd to East Avenue 9th Street to San Bernardino Road Trademark Street to Lemon Avenue 6th Street to Vintage Drive 13 10 3 8 6 7 3 14 15 San Bernardino to 9th Street 3 4th Street @ Golden Oak Road 1 Total Number of Signals 83 Note: Traffic signals added to an "Arterial Street" within the "Limits" as described by Table 2 after the execution of this Agreement may be added to Table 2 without an amendment. Page 11 of 12 P255 Cooperative Agreement No. 16-1001395 Attachment A Semi -Annual Assessment Criteria A corridor is deemed to be coordinated and in compliance to receive the annual reimbursement per signal if the following criteria are met: A. Traffic signal communication equipment between traffic signals and the Traffic Management Center, if operational at the completion of SBVCTSS Tiers 1 thru 4, and remote access to CITY's Traffic Management Center are functional. B. The traffic signal coordination plan is implemented; the coordination plan cycle length and the timing offset between signals are per the traffic signal coordination plan. The following issues will be taken into consideration when determining compliance: A. Communication failures caused by a third party, such as the communication provider. B. When an isolated traffic signal(s) on a corridor is brought in compliance in the following semi-annual assessment, while a different isolated traffic signal(s) is found to be out of compliance in the same semi-annual assessment. Page 12 of 12 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: September 21, 2016 RANCHO To: Mayor and Members of the City Council CUCAMONGA John R. Gillison, City Manager From: Jason C. Welday, Director of Engineering Services/City Engineer By: Trina Valdez, Management Analyst<f= Subject: CONSIDERATION TO RELEASE MAINTENANCE GUARANTEE BOND NO. PB00067200028 IN THE AMOUNT OF $31,373.10, FOR THE SOLAR CARPORT SYSTEM INSTALLATION AT THE CITY OF RANCHO CUCAMONGA CITY HALL PROJECT, CONTRACT NO. 15-035 P256 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Maintenance Guarantee Bond No.PB00067200028 in the amount of $31,373.10, for the Solar Carport System Installation at the City of Rancho Cucamonga City Hall project, Contract No. 15-035. BACKGROUND/ANALYSIS The Solar Carport System is located in the parking lot north of City Hall and was constructed in 2015. This system is anticipated to generate 140 Megawatts of electricity annually at an estimated savings of $42,000 to the City. Construction of the improvements was completed and accepted in August 2015. The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: MD Energy, Inc. 9293 9th Street Rancho Cucamonga, CA 91730 STAFF REPORT ENGINEERING SERVICES DI P.1R1 MI 'NT Date: September 21, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Jason C. Welday, Director of Engineering Services/City EngineerG7p.J By: Craig Cruz, Associate Engineer Shelley Hayes, Assistant Engineer 614 4 P257 RANCHO CUCAMONGA Subject: CONSIDERATION TO ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT FOR THE BASE BID, ADDITIVE BID AND ALTERNATE BID, IN THE AMOUNT OF $1,026,356.00, TO THE LOWEST RESPONSIVE BIDDER, ELECNOR BELCO ELECTRIC INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $102,636.00, FOR THE TRAFFIC SIGNAL INSTALLATIONS AT CARNELIAN STREET AT BANYAN STREET AND SIXTH STREET AT UTICA AVENUE, LEFT TURN MODIFICATIONS AT 3 INTERSECTIONS ALONG MILLIKEN AVENUE, AND RETROREFLECTIVE STREET NAME SIGNS AT 3 LOCATIONS PROJECT, AND AUTHORIZE APPROPRIATIONS IN THE TOTAL AMOUNT OF $1,220,000.00 FROM THE GAS TAX AND TRANSPORTATION FUNDS RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract for the Base Bid, Additive Bid and Alternate Bid, in the amount of $1,026,356, to the lowest responsive bidder, Elecnor Belco Electric Inc., and authorize the expenditure of a 10% contingency in the amount of $102,636, for the Traffic Signal Installations at Carnelian Street at Banyan Street and Sixth Street at Utica Avenue, Left Turn Modifications at 3 intersections along Milliken Avenue, and Retroreflective Street Name Signs at 3 locations; project and authorize appropriations from the Gas Tax and Transportation Funds in the total amount of $1,220,000. BACKGROUND/ANALYSIS The subject project was budgeted for Fiscal Year 2015/16. Initial bids for the project were received and opened on June 1, 2016. Unfortunately, after evaluation, staff determined that the bids received were higher than expected and recommended that they be rejected by the City Council. On June 15, 2016 the City Council rejected all bids for the project as non-responsive to the needs of the City. Subsequently, staff reevaluated the project and made necessary modifications to attempt to solicit bids in-line with the project's Engineer's Estimate. The revised project's scope of work consists of constructing traffic signals and safety lighting at two locations, modifying the existing left turn phasing to flashing yellow arrow left turn phasing at three locations, replacing the existing internally illuminated street name signs with retroreflective street name signs at three locations and installation of flashing beacons at two locations. The contract documents call for one hundred ten (110) working days to complete this construction. On August 3, 2016, the City Council authorized staff to solicit and receive bids for the revised project. Bids were received and opened on August 30, 2016. The lowest responsive bidder, Elecnor Belco Electric, Inc., provided a base bid of $899,324 with a total bid amount of $1,026,356 (including additive and alternate bid items). The Engineer's Estimate for the base bid was $900,000. Staff has evaluated the bids received for Additive Bid Items 50 to 71 and Alternate Bid Item 49A and finds them to be competitive. Therefore, it is recommended that the City Council award base bid along with the additive and alternate bid items. Staff P258 CITY COUNCIL STAFF REPORT - AWARD TRAFFIC SIGNAL INSTALLATIONS, LEFT TURN MODIFICATIONS, RETROREFLECTIVE STREET NAME SIGNS September 21, 2016 Page 2 has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Furthermore, staff has completed the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. Because the subject project was not awarded prior to the end of Fiscal Year 2015/16, funds to proceed with the project will need to be appropriated from the Gas Tax and Transportation Funds. Anticipated construction costs including construction management are estimated to be as follows: Construction Contract (Base Bid) Construction Contract (Additive and Alternate Bids) Construction Contract Contingency (10%) Construction Management & Related Costs Estimated Construction Costs $899,324 $127,032 $102,636 $ 80,000 $1,208,992 It is recommended that funds in the amount of $1,220,000 be appropriated from the Gas Tax and Transportation Funds in the following amounts: From the Gas Tax Fund to: Account No. 11243035650/1875124-0 Account No. 11243035650/1887124-0 Account No. 11243035650/1889124-0 Account No. 11703035650/1693170-0 Estimated Construction Costs: Attachment: Vicinity Map $165,000 $585,000 $410,000 $ 60.000 $1,220,000 1 ALMOND ST HILLSIDE RD. Ge - VICINITY MAP FLASHING < ( YELLOW HILLSIDE RO. ARROW WILSON AV .... UPLAND &N N St 19th ST. MONTE VISTA ST. fii < Z BASELINE Mc-. g CHURCH 114 ONTE NSTA ST. 8 BERNARDINO RD2 tis S DEVON ST 2 gg cCALIF VEJAR 91h ST. WIN ST TRAFFIC SIGNAL RANCHO \ CUCAMONGA 8th STREET BANYAN ST al HIGHLAND AVE. 25 'ARK LN 3 VICTORIA a.l■ 4 5 YOUN4TaANY P259 FISHER DR a RCH FERRON /66' CMC CENTER DR STREET ARROW ROUTE STREET 7th STREET 4th STREET te JERSEY BLVD. '-10 FR ONTARIO CITY OF RANCHO CUCAMONGA TRAFFIC SIGNAL INSTALLATIONS AT CARNELIAN STREET AT BANYAN STREET AND SIXTH STREET AT UTICA AVENUE, LEFT TURN MODIFICATIONS AT 3 INTERSECTIONS ALONG MILLTICEN AVENUE, AND RETROREFLECTIVE STREET NAME SIGNS AT 3 LOCATIONS PROJECT FONTANA RETRO— NAME SIGN N.T.S. STAFF REPORT NGINI I RING SERVICES DEPARTMENT Date: September 21, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Jason C. Welday, Director of Engineering Services/City Engineer By: Curt Billings, Associate Engineer Shelley Hayes, Assistant Engineers P260 RANCHO CUCAMONGA Subject: CONSIDERATION TO ACCEPT THE VICTORIA STREET PAVEMENT REHABILITATION PROJECT FROM ETIWANDA AVENUE TO EAST CITY LIMITS, CONTRACT NO. 16-077 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND, AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION, AND APPROVE FINAL CONTRACT AMOUNT OF $358,875.53 RECOMMENDATION It is recommended that the City Council accept the Victoria Street Pavement Rehabilitation Project from Etiwanda Avenue to East City Limits, Contract No. 16-077, as complete, authorize the City Engineer to file a Notice of Completion, release the Faithful Performance Bond, accept a Maintenance Bond, authorize the release of the Labor and Materials Bond in the amount of $366,000.00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $17,943.78, 35 days after acceptance. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Victoria Street Pavement Rehabilitation Project from Etiwanda Avenue to East City Limits scope of work consisted of asphalt rubber pavement overlay, replacement of ADA ramps, and installation of flashing beacon systems. Pertinent information of the project is as follows: D Budgeted Amount: $405,000.00 • Account Numbers: 1177303-5650/1838177-0 and 1177303-5650/1150177-0 D City Council Approval to Advertise: February 3, 2016 D Publish dates for local paper: February 9 and 16, 2016 ➢ Bid Opening: March 15, 2016 D Contract Award Date: April 6, 2016 > Low Bidder: Hardy and Harper Inc. D Contract Amount: $366,000.00 > Contingency: $18,300.00 > Final Contract Amount: $358,875.53 > Difference in Contract Amount: ($7,124.47) (-1.95%) P261 CITY COUNCIL STAFF REPORT - VICTORIA STREET PAVEMENT REHABILITATION September 21, 2016 Page 2 The net decrease in the total cost of the project is a result of one (1) Contract Change Order, the Balancing Statement. The notable changes that were significant to the decrease of the Contract amount were: 208 less tons of Asphalt Rubber Hot Mix than bid. The balancing statement also accounted for the other minor increases and decreases in the project quantities. Attachments: Vicinity Map Resolution 16-154 VICINITY MAP VICTORIA ST. PAVEMENT REHABILITATION FROM ETIWANDA AVE. TO EAST CITY LIMITS Project Site 61 N a' 4> - I y: U - - . S . Q Sr.. S E'� > Almond • `— I�.l, ;I; _ y m N se , b• Wilson Au- 0 r r W �� / Banyan St • 19th St Base Line Rd Foothill BI Arrow Rt 8th St 10 Freeway 6th St of o C9 Milliken AV 210 Freeway Highland Av ase Lime Rd Foothill BI _ JArrow Rt 4th St 10 Freeway w P262 P263 RESOLUTION NO. 16-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE VICTORIA STREET PAVEMENT REHABILITATION PROJECT FROM ETIWANDA AVENUE TO EAST CITY LIMITS, CONTRACT NO. 16-077, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Victoria Street Pavement Rehabilitation Project from Etiwanda Avenue to East City Limits, Contract No. 16-077, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the CITY COUNCIL of the City of Rancho Cucamonga hereby resolves that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. RESOLUTION NO. 16-154 — Page 1 of 1 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: To: September 21, 2016 P264 RANCHO Mayor and Members of the City Council CUCAMONGA John R. Gillison, City Manager From: Jason C. Welday P.E., T.E., Director of Engineering Services/City Engineer c'„ j By: Brian Sandona, Associate Engineer Subject: CONSIDERATION OF APPROVAL OF RELEASE OF REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT RECORDED AS DOCUMENT NO. 2010-0280615, FOR THE PROPERTY 9144 19TH STREET; APN: 20134145. RECOMMENDATION It is recommended that the City Council adopt the attached resolution releasing the Real Property Improvement Contract and Lien Agreement recorded as Document No. 2010-0280615, and authorize the Mayor and the City Clerk to sign the attached resolution approving same and cause the resolution to record. BACKGROUND/ANALYSIS The owner of the property located at 9144 19th Street, on the north side of 19th Street, east of Beryl Street, in the Low Residential District, constructed a room addition without obtaining a building permit. The addition was discovered by the City in 2009 and a building permit was then required of the owner to maintain the existing structure. It was determined, through the permit process (PMT2009-00919), that the issuance of the building permit initiated the requirement for construction of missing off-site street improvements including curb, gutter, sidewalk, and drive approaches adjacent to the property. In lieu of construction of the required improvements at the time, the owner submitted a Real Property Improvement Contract and Lien Agreement for the construction of improvements on 19th Street (Resolution No. 10-076) which was approved by the City Council on May 5, 2010. Document No. 2010-0280615 is dated May 5, 2010, and recorded July 13, 2010. The property at 9144 19th Street has since been sold to a new owner. The new owner has demolished the room addition previously covered by Building Permit PMT2009-00919, thus eliminating the requirement to construct the off-site street improvements and the Real Property Improvement Contract Lien Agreement. Approval and recordation of the attached resolution would release the agreement. Attachment: Vicinity Map Resolution 16-156 } \cc , EXHIBIT A VICINITY MAP 09 -pN 19 19T1-1 ( 1 1 1 • City of Rancho Cucamonga Engineering Services Division PMT2009=00919 t VICINITY MAP (Not to Scale) P-87 P265 P266 RESOLUTION NO. 16-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FOR DOCUMENT NO. 2010-0280615, LOCATED ON THE NORTH SIDE OF 19TH STREET, EAST OF BERYL STREET; 9144 19TH STREET; APN: 20134145 WHEREAS, the City Council of the City of Rancho Cucamonga, adopted Resolution No. 10-076 accepting a real property improvement contract and a lien agreement for Margarita Ortega-Paulli; and WHEREAS, the improvements required under the lien agreement are no longer conditioned for approval and said real property improvement contract and lien agreement is no longer required. NOW, THEREFORE, be it resolved that the City Council of the City of Rancho Cucamonga does hereby release said real property improvement contract and lien agreement from Margarita Ortega-Paulli, and the Mayor is authorized to sign this resolution and the City Clerk is hereby authorized and directed to cause Release of Lien to be recorded in the office of the County Recorder of the County of San Bernardino, State of California. RESOLUTION NO. 16-156 — Page 1 STAFF REPORT ENGINEERING SERVICES DI:PARTNII:NT Date: September 21, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager P267 RANCHO CUCAMONGA From: Jason C. Welday P.E., T.E., Director of Engineering Services/City EngineerCTht,.) By: Brian Sandona, Associate Engineer Subject: CONSIDERATION OF APPROVAL OF SUBORDINATION AGREEMENT FOR KEITH M. ARNOLD AND YOLANDA M. ARNOLD, HUSBAND AND WIFE AS JOINT TENANTS, FOR THE REFINANCING OF THE PROPERTY LOCATED AT 6772 JASPER STREET, APN: 0202-021-46-0-000. RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving Subordination Agreement for the refinance of 6772 Jasper, and authorize the Mayor and the City Clerk to sign the attached resolution approving same and cause the resolution to record. BACKGROUND/ANALYSIS On January 19, 2016, the City entered into a Real Property Improvement Contract and Lien Agreement with Keith M. Arnold and Yolanda M. Arnold, husband and wife as joint tenants, per Resolution No. 16-020, dated January 19, 2016, and recorded as Document No. 2016-0073028 on February 25, 2016. As a prerequisite for issuance of a building permit at 6772 Jasper Street, the Owners, Keith M. Arnold and Yolanda M. Arnold, are required by Rancho Cucamonga Municipal Code Chapter 12.08 to either install street improvements along their property's frontage or enter into a Real Property Improvement Contract and Lien Agreement. The Owners chose the latter. The Owners are in the process of obtaining a loan on the property and executing a deed of trust note in favor of HomeBridge Financial Services, Inc. As a condition of this loan, HomeBridge Financial Services Inc. requires that the lien created by the deed of trust be prior and superior to the lien created by the Real Property Improvement Contract and Lien Agreement. The attached resolution and subordination agreement includes language to satisfy this requirement. Attachments: Vicinity Map Title Report Resolution 16-158 Subordination Agreement City of Rancho Cucamonga Engineering Division Vicinity Map Y6772 Jasper FIM Project Location Item: Title: !la 'army CrMnl ENG2016-00028 VICINITY MAP P268 IUNORTI-1 AMERICAN •TITL E COMPANY Like Clockwork a' The Escrow Solution, Inc. 650 South Second Avenue Covina, CA 91723 520 N. Central Avenue, 2nd Floor Glendale, California 91203 Office Phone: (818)240-4912 Office Fax: (818)551-5311 Email: teamelsie@nat.com ' First Amendment Your Ref: 4008AI Our Order No.: 1413060 Property Address: 6772 Jasper Street Rancho Cucamonga, CA 91701 Attention: Amelia M. Interiano Preliminary Report Dated as of July 13, 2016 at 7:30 A.M. In response to the above referenced application for a Policy of Title Insurance, North American Title Insurance Company Hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against Toss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and limitations on covered risks of said Policy or Policies are set forth in Exhibit A attached. The Policy to be issued may contain an Arbitration Clause. When the amount of insurance is less than that set forth in the Arbitration Clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the Parties. Limitations on covered risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a deductible amount and a maximum dollar limit of liability for certain coverages are also set forth in Exhibit A. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of Policy of title insurance contemplated by this report is: ALTA Extended Loan Policy Please note that the America First Homeowner's Policy (CLTA/ ALTA Homeowner's Policy) can only be issued on transactions involving individuals as purchasers and residential 1-4 properties. Any indication that the America First Homeowner's Policy (CLTA/ ALTA Homeowner's Policy) will be issued in a transaction that does not meet these criteria is hereby revised to state that the policy contemplated is a Standard Coverage Policy. Elsie Guerra, Title Officer Page 1 Rev. NAT 8/20/13 Order No. 91402-1413060-16 P269 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: Fee simple. Title to said estate or interest at the date hereof is vested in: Keith M. Arnold and Yolanda M. Arnold, husband and wife as joint tenants 3. The Land referred to In this report Is situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: See attached Legal Description Page 2 Rev. NAT 8/24/15 Order No. 91402-1413060-16 P270 LEGAL DESCRIPTION Real property in the City of Rancho Cucamonga, County of San Bernardino, State of Califomia, described as follows: PARCEL NO. 1: THAT PORTION OF LOT 1, BLOCK 20, MAP OF CUCAMONGA HOMESTEAD ASSOCIATION, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 46 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT A POINT 420 FEET SOUTH AND 20 FEET WEST OF THE NORTHEAST CORNER OF SAID LOT 1; THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 310 FEET; THENCE SOUTH 55 FEET; THENCE EAST 310 FEET; THENCE NORTH 55 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS CONVEYED BY DEED RECORDED JUNE 17, 1952, IN BOOK 2969, PAGES 252, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 420 FEET SOUTH AND 220 FEET WEST OF THE NORTHEAST CORNER OF SAID LOT 1; THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID LOT, 110 FEET; THENCE SOUTH 55 FEET; THENCE EAST 110 FEET; THENCE NORTH 55 FEET TO THE POINT OF BEGINNING AREAS AND DISTANCES COMPUTED TO CENTER OF ADJOINING STREET. PARCEL NO. 2: THAT PORTION OF LOT 1, BLOCK 20 OF CUCAMONGA HOMESTEAD ASSOCIATION, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 46 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 20 FEET WESTERLY FROM A POINT OF THE EAST LINE OF SAID LOT 1, BLOCK 20, WHICH IS 499 FEET SOUTHERLY FROM THE NORTHEAST CORNER OF SAID LOT 1; THENCE WESTERLY AND PARALLEL TO THE SOUTH LINE OF LOT 1, 200 FEET; THENCE NORTHERLY AND PARALLEL TO THE EAST LINE OF SAID LOT 1, 24 FEET; THENCE EASTERLY AND PARALLEL TO THE SOUTH LINE OF LOT 1, 200 FEET; THENCE SOUTHERLY AND PARALLEL TO THE EAST LINE OF SAID LOT 1, 24 FEET TO THE POINT OF BEGINNING, AREAS AND DISTANCES COMPUTED TO CENTER OF ADJOINING STREET. APN: 0202-021-46-0-000 Page 3 Rev. NAT 8/24/15 Order No. 91402-1413060-16 P271 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions in the policy form designated on the face page of this report would be as follows: General and special taxes and assessments for the fiscal year 2016-2017, a lien not yet due or payable. 2. Taxes for proration purposes only for the fiscal year 2015-2016. First Installment: $1,150.45, PAID Second Installment: $1,150.40 PAI Tax Rate Area: 015004 APN: 0202-021-46-0-000 () The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Covenants, conditions and restrictions In Instruments recorded in the Official Records of said County and any amendments thereto, which provide that a violation thereof shall not defeat or render invalid the Ilen of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(C). Easements and servitudes as they appear on maps, or in documents recorded in the Official Records of said County. A Deed of Trust to secure an original indebtedness of $337,985.00 recorded March 26, 2015 as Instrument No. 2015-0116551 of Official Records. Dated: March 20, 2015 �f� Trustor: Keith M Arnold and Yolanda M Arnold, husband and wife Q V Trustee: Fidelity National Title Ins Co Beneficiary: Wells Fargo Bank, N.A. 7. The terms and provisions contained in the document entitled Real Property Improvement Contract and Lien Agreement, executed by and between Keith M. Arnold and The City of Rancho d Cucamonga, California, a municipal corporation, recorded February 25, 2016, as Instrument No. 2016-0073028 of Official Records. Assessments and other matters for the San Bernardino Associated Goverments as contained in a document entitled "Payment of Contractual Assessment Required" and/or "Notice of Assessment" 4 (California Hero Program), recorded October 21, 2015 , as Document No. Instrument No. 2015- 0457419 of Otriciai Kewrds. Any Assessments associated with the above document are collected with the annual taxes. ********** END OF REPORT ********** Page 4 Rev. NAT 8/24/15 Order No. 91402-1413060-16 P272 NOTES 1. Notice of change in ownership recording procedure Effective July 1, 1985 pursuant to state law as amended January 1, 2011 (Section 480.3 of the Revenue and Taxation Code), all Deeds and other Documents that reflect a change in ownership must be accompanied by a Preliminary Change of Ownership Report to be completed by the transferee. If this special report is not presented at the time of recording, an additional recording fee of $20.00, as required by law, will be charged. Preliminary Change in Ownership forms, instructions on how to complete them, and a non- exclusive list of documents that are affected by this change, are available from the County Recorder's Office or the Office of the County Assessor. 2. GOOD FUNDS LAW Under Section 12413.1 of the California Insurance Code, North American Tide Company, Inc. may only make funds available for disbursement in accordance with the following rules: Same day availability. Disbursement on the date of deposit is allowed only when funds are deposited to North American Title Company, Inc. by Cash or Electronic Transfer (Wire). Cash will be accepted only under special circumstances and upon approval by management. Next business day availability. If funds are deposited to North American Title Company, Inc. by cashier's checks, certified checks or teller's checks, disbursement may be on the next business day following deposit. A "teller's check" is one drawn by an insured financial institution against another insured financial institution (e.g., a savings and loan funding with a check drawn against a FDIC insured bank). Second business day availability. If the deposit Is made by checks other than those described in paragraphs 1 and 2 above, disbursement may occur on the day when funds must be made available to depositors under Federal Reserve Regulation CC. In most cases, these checks will be available on the second business day following deposit. (For further details, consult California Insurance Code Section 12413, et seq. and Regulation CC). These are the minimum periods before funds will be made available. North American Title Company, Inc. is not obligated to disburse funds at the expiration of the time periods above, and expressly reserves the right to require additional time before disbursing on deposited funds. Close of escrow and final disbursement will not be made based on deposits in the form of personal checks, corporate checks, credit union checks, money market checks, travelers checks and official checks until confirmation of final clearance of the funds. North American Title Company will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. Page 5 Rev. NAT 8/24/15 Order No. 91402-1413060-16 P273 For Your Information. Our Wire Instructions Are: Wire To: Comerica Bank 2321 Rosecrans Ave, Ste 5000 El Segundo, CA 90245 Credit the Account of: North American Title Company, Inc. Bank Account No.: 1891610766 ABA No.: 121137522 Escrow No. 91402-1413060-16 North American Title Company, Inc., will not accept funds in the form of ACH transfer ACH = Automatic Clearing House Be sure to reference our order number 91402-1413060-16. Should this office be required to wire funds out at close of escrow, please be Informed that wiring instructions should be received as soon as possible, but no later than the following times. Wires outside the State of California: 11:00 A.M. ON DATE OF WIRE Effective January 1, 1991 A service charge of $25.00 will be assessed for all funds disbursed by this Company by wire. 3. North American Title Company, Inc.'s charges for recording the transaction documents include charges for services performed by North American Title Company, Inc., in addition to an estimate of payments to be made to governmental agencies. 4. Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, Including any arbitration clause that may be Included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 5. The map attached, if any, may or may not be a survey of the land depicted hereon. North American Title Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Page 6 Rev. NAT 8/24/15 Order No. 91402-1413060-16 P274 NORTH AMERICAN TITLE COMPANY 520 N. Central Avenue, 2nd Floor, Glendale, CA 91203 (818)240-4912 Fax: (818)551-5311 Email: teamelsie@nat.com Closing Protection Letters can be ordered directly by emailing cacpl@nat.com with your title order number and property address. Attention: Your Ref: Our Order No.: 91402-1413060-16 LENDERS SUPPLEMENTAL REPORT Dated as of July 13, 2016 AT 7:30 A.M. Title Officer: Elsie Guerra The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy of Title Insurance: Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 116. There is located on said land a Single Family Residence Known as: 6772 Jasper Street City of Rancho Cucamonga County of San Bernardino State of California. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: A document recorded March 26, 2015 as Instrument No. 2015-0116550 of Official Records. From: Keith M. Arnold, a married man, as his sole and separate property To: Keith M. Arnold and Yolanda M. Arnold, husband and wife as joint tenants Page 7 Rev. NAT 8/24/15 Order No. 91402-1413060-16 P275 Privacy Policy North American Title Group, Inc. Family of Companies Effective Date: June 14, 2016 FACTS WHAT DOES NORTH AMERICAN TITLE GROUP, INC. FAMILY OF COMPANIES DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share and protect your personal information. Please read this notice carefully to undcrstand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: • Social Security number, birthdate, driver's license number and income • transaction history and payment history • purchase history and account balances When you are no longer our customer, we continue to share your information as described in this notice. All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons North American Title Group, Inc. Family of Companies ("NATG") choose to share; and whether you can limit this sharing. Reasons we can share your personal information Docs NATG share? Can you limit this sharing? For our everyday business purposes —such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes — to offer our products and services to you For joint marketing with other financial companies For our affiliates' everyday business purposcs — information about your transactions and experiences For our affiliates' everyday business purposes — information about your creditworthiness For our affiliates to market to you For nonaffiliates to market to you • Questions? Call 1 (888) 444-7766, extension 6585 Yes Yes No Yes No Yes No No No We don't share No We don't share Yes We don't share Who we are Who is providing this notice? The North American Title Group, Inc. Family of Companies (identified below), which offers title insurance, settlement services, and property and casualty insurance. What we do How docs NATG protect your personal information? Rev. NAT 8/24/15 To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. Page 8 Order No. 91402-1413060-16 P276 How docs NATG collect your personal information? Why can't you limit all sharing? In general, you can visit our website on the World Wide Web without disclosing your identity or any information about yourself. Our web servers collect statistical information, such as the number of visitors, returning visitors, country of origin, source of traffic (e.g., Google) and method of access (e.g., mobile), but not the email addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information used to improve the overall content of our website to all visitors. You may choose to provide personal information to us through our website in order to request information, products or services, or to submit a complaint or inquiry. Any information provided via our website will be used only in accordance with the policies outlined here. We collect your personal information, for example, from: • Applications, contracts or other forms you complete. • Information provided about your transaction by you, by affiliates or others, whether received in writing, in person, by telephone or any other means. • Information provided to us by other parties involved in your transaction, such as your lender, mortgage broker, attorney or real estate broker. Such items may include an appraisal, land survey, credit report and account information. • Information we receive from a consumer reporting agency or credit bureau. Federal law gives you the right to limit only: • sharing for affiliates' everyday business purposes — information about your creditworthiness • affiliates from using your information to market to you • sharing for nonaffiliates to market to you Definitions Affiliates Nonaffiliates Joint marketing Companies related by common ownership or control. They can be financial and nonfinancial companies. Companies not related by common ownership or control. They can be financial and nonfinancial companies. • Nonaffiliates we share with can include collection agencies, 1T service providers, companies that perform marketing services on our behalf consumer reporting agencies and others. • NATG does not share with nonaffiliates so they can market their goods or service to you. A formal agreement between nonaffiliated financial companies that together market financial products or services to you. NATG does not jointly market. • NATG doesn't jointly market. Affiliate Marketing; To limit sharing with affiliates for marketing purposes NATG may share your information with its affiliates so that the affiliates can market to you. To prevent this sharing, opt out • By visiting the following webpage for full instructions and a link to the Opt Out process via our NATTRACK system: www.nat.com/Oot-Out Or • Send written notification to North American Title Group Attn: General Counsel 760 Northwest 107th Avenue, Suite 400 Miami, FL 33172 the North American Tit e Group, Inc. Family of Companies consists of the following entities: North American Title Company North American Title Company, Inc. North American Title Company of Colorado North American Title Insurance Company North American Services, LLC North American Title Agency, Inc. North American Title Agency, LLC Rev. NAT 8/24/15 North American Abstract Agency NASSA, LLC North American Title, LLC North American Advantage Insurance Services, LLC North American National Title Solutions, LLC Page 9 Order No. 91402-1413060-16 P277 CLTA Preliminary Report Form - Exhibit A (06-05.14) CLTA STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of I. (n) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or arca of the land or any parcel of which the land is or was a pan; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or o notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured undcr this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (c) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business lows of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereoG which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Govenrmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; c. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of thorn, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that arc created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no Toss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack ofa right: a. to any land outside the area specifically described and referred to in paragraph 3 ofScltedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: 1 For Covered Risk 16, 18. 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and rnaxirnurn dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar (�gtt t of Liability Covered Risk 16: I% of Policy Amount Shown in Schedule A or 52,500 51 0, 00 (whichever is less) Covered Risk 18: I% of Policy Amount Shown in Schedule A or 55,000 525,000 (whichever is less) Covered Risk 19: I% of Policy Amount Shown in Schedule A or 55.000 S25.000 (whichever is less) Covered Risk 21: I% of Policy Amount Shown in Schedule A or 52,500 55,000 (whichever is less) Page 10 Rev. NAT 8/24/15 Order No. 91402-1413060-16 P278 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following maners are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, nnomeys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governtuental regulations. This Exclusion I(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any govemtnental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or Iitnit the coverage provided under Covered Risk 7 or S. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by tate Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because attic inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in pan of the lien of the Insured Mortgage That arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B - Part II,(t[or 11 this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: APART I [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records ofsuch agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof; not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circutnstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to n lien for services, labor or material not shown by the Public Records.) PART I1 In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location any improvement erected on the Lond; (iii) the subdivision of lood; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or Ihnit the coverage provided under Covered Risk S. (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no lou or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. S. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: Page 11 Rev. NAT 8/24/15 Order No. 91402-1413060-16 P279 EXCEPTIONS FROM COVERAGE [This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, That arise by reason of: The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments That are not shown as existing liens by the records of any taxing nuthority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that arc not shown in the Public Records but That could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, lien or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, clnitns or title to water, whether or not the matters excepted under (a), (b), or (c) arc shown by the Public Records. 6. Any lien or right to a lien for services, labor or tnaterial not shown by the Public Records. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, I3(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records nt Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no lou or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk I I, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained lithe Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth -in -lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made ager the Insured has Knowledge that the vestce shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 1 I (b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or alter Date of Policy in accordance with applicable building codes. This Exclusion docs not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights Taws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not slated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Page 12 Rev. NAT 8/24/15 Order No. 91402-1413060-16 P280 P281 RESOLUTION NO. 16-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVAL OF A SUBORDINATION AGREEMENT FOR KEITH M. ARNOLD AND YOLANDA M. ARNOLD, HUSBAND AND WIFE AS JOINT TENANTS, FOR THE REFINANCING OF THE PROPERTY LOCATED AT 6772 JASPER, APN: 0202-021-46-0-000 WHEREAS, the City Council of the City of Rancho Cucamonga, adopted Resolution No. 16-020 accepting a real property improvement contract and a lien agreement for Keith M. Arnold and Yolanda M. Arnold; and WHEREAS, the real property improvement contract and lien agreement is required to be subordinated prior to the owner's deed of trust note in favor of Home Bridge Financial Services, Inc. be executed. NOW, THEREFORE, be it resolved that the City Council of the City of Rancho Cucamonga does hereby enter into a subordination agreement for the real property improvement contract and lien agreement from Keith M. Arnold and Yolanda M. Arnold, and the Mayor is authorized to sign this resolution and the City Clerk is hereby authorized and directed to cause Subordination Agreement to be recorded in the office of the County Recorder of the County of San Bernardino, State of California. RESOLUTION NO. 16-158 — Page 1 of 1 P282 CONTINUATION OF SUBORDINATION AGREEMENT RECORDING REQUESTED BY: Order No. 1413060 Escrow No. 4008 -AI Parcel No. 0202-021-46-0-000 AND WHEN RECORDED MAIL TO: CITY OF RANCHO CUCAMONGA P.O. BOX 807 RANCHO CUCAMONGA, CA 91729 SPACE ABOVE TI -IIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this 17 day of August, 2016, by Keith M. Arnold and Yolanda M. Arnold, Husband and Wife as Joint Tenants, owner of the land hereinafter described and hereinafter referred to as "Owner", and CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation, hereinafter referred to as "City", present owner and holder of the REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT first hereinafter described and referred to as "Agreement"; WITNESSETH THAT WHEREAS, Owner has executed the Real Property Improvement Contract and Lien Agreement dated January 19, 2016, to the City, covering property legally described as follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF. to secure the REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT, dated January 19th, 2016, in favor of CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation, which said document was recorded on February 25, 2016, as Instrument No. 2016-0073028, Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of $373,500.00, dated , in favor of HomeBridge Financial Services, Inc., hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the Real Property Improvement Contract and Agreement above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the Real Property Improvement Contract and Agreement first above mentioned and provided that City will specifically and unconditionally subordinate the lien or charge of the Real Property Improvement Contract and Agreement first above mentioned to the lien or charge of the deed of trust in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and City is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Real Property Improvement Contract and Agreement above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: 1. That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the Real Property and Improvement Contract and Agreement first above mentioned. 2. That Lender would not make its loan above described without this subordination agreement. 3. That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Real Property and Improvement Contract and Agreement first above mentioned to the lien or charge of the Real Property and Improvement Contract and Agreement and deed of trust in favor of lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the Real Property and Improvement Contract Agreement first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deed of trust or to another mortgage or mortgages. CITY declares, agrees and acknowledges that (a) The CITY consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) The CITY intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Real Property and Improvement Contract and Agreement first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the Real Property and Improvement Contract Agreement first above mentioned that said Real Property and Improvement Contract Agreement has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OR WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. CITY OF RANCHO CUCAMONGA, CALIFORNIA OWNER A MUNICIPAL CORPORATION By: By: By: Keith M. Arnold Yolanda M. Arnold (ALL SIGNATURES MUST BE ACKNOWLEDGED) ITIS RECOMMENDED THAT. PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (CLTA SUBORDINATION FORM "A") P283 P284 LEGAL DESCRIPTION Real property In the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: PARCEL NO. 1: THAT PORTION OF LOT 1, BLOCK 20, MAP OF CUCAMONGA HOMESTEAD ASSOCIATION, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 46 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT A POINT 420 FEET SOUTH AND 20 FEET WEST OF THE NORTHEAST CORNER OF SAID LOT 1; THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 310 FEET; THENCE SOUTH 55 FEET; THENCE EAST 310 FEET; THENCE NORTH 55 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS CONVEYED BY DEED RECORDED JUNE 17, 1952, IN BOOK 2969, PAGES 252, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 420 FEET SOUTH AND 220 FEET WEST OF THE NORTHEAST CORNER OF SAID LOT 1; THENCE WEST AND PARALLEL WITH THE NORTH UNE OF SAID LOT, 110 FEET; THENCE SOUTH 55 FEET; THENCE EAST 110 FEET; THENCE NORTH 55 FEET TO THE POINT OF BEGINNING AREAS AND DISTANCES COMPUTED TO CENTER OF ADJOINING STREET. PARCEL NO. 2: THAT PORTION OF LOT 1, BLOCK 20 OF CUCAMONGA HOMESTEAD ASSOCIATION, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 46 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 20 FEET WESTERLY FROM A POINT OF THE EAST LINE OF SAID LOT 1, BLOCK 20, WHICH IS 499 FEET SOUTHERLY FROM THE NORTHEAST CORNER OF SAID LOT 1; THENCE WESTERLY AND PARALLEL TO THE SOUTH LINE OF LOT 1, 200 FEET; THENCE NORTHERLY AND PARALLEL TO THE EAST LINE OF SAID LOT 1, 24 FEET; THENCE EASTERLY AND PARALLEL TO THE SOUTH LINE OF LOT 1, 200 FEET; THENCE SOUTHERLY AND PARALLEL TO THE EAST LINE OF SAID LOT 1, 24 FEET TO THE POINT OF BEGINNING, AREAS AND DISTANCES COMPUTED TO CENTER OF ADJOINING STREET. A P N: 0202-021-46-0-000 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: September 21, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Jason C. Welday, Director of Engineering Services/City Engineer Com„) By: Dan James, Senior Civil Engineer Tiffany I. Cooper, Management Ana[y Subject: SECOND READING AND ADOPTI RDINANCE NO. 893 OF THE CITY OF RANCHO CUCAMONGA AMENDING APTERS 13.08 AND 13.09 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REDUCE DRAINAGE IMPACT FEES FOR CERTAIN SECOND DWELLING UNITS AND ADDITIONS ON EXISTING RESIDENTIAL PROPERTIES. P285 RANCHO CUCAMONGA RECOMMENDATION Staff recommends that the City Council approve the second reading and adoption of the attached Ordinance which reduces the drainage impact fees for certain second dwelling units and additions on existing residential properties. BACKGROUND The Municipal Code Chapters 13.08 and 13.09 relate to the planning and developing of drainage facilities for the removal of surface and storm water, and provides an equitable manner for the apportionment of the cost of the development of such facilities. The drainage plan and drainage impact fee were originally adopted by the City Council in April 1979 and has been amended four times with the latest was amendment being approved in 1988. The drainage impact fee amount has been studied and updated over the years with the most recent review in 2014. The purpose of the current review of the ordinance is to evaluate an equitable fee upon existing single-family residential homeowners when they apply for a building permit for either a room addition or a second dwelling unit. Currently the code requires that any such permit for a second dwelling unit or an addition over 650 square feet on a property that has not already paid a drainage impact fee (basically homes that were constructed prior to April 1979) are obligated to pay the drainage impact fee as assessed upon the entire property. While drainage impact fees vary depending on the drainage study area encompassing the property, the majority of properties affected by the proposed ordinance would be assessed based upon the General City Drainage Fee (for the sake of uniformity, the proposed changes would apply to all drainage impact fees). This fee is currently set at $20,061 per acre. For an existing homeowner planning to construct a second dwelling unit on their property or a room addition exceeding 650 square feet, this can add up to a substantial amount. In addition, the actual drainage impact of such improvements is limited to the area of the addition or the second dwelling unit. In order to ensure equity in fees related to these types of improvements, staff recommends amending the code to change the method of assessing drainage impact fees for the construction of second dwelling units and additions over 650 square feet (when drainage fees have not been previously paid) from the current method of assessment based on the entire area of the property to a formula designed to address only the impacts of the area of the proposed addition or second dwelling unit as outlined in the attached ordinance. Attachment: Ordinance No. 893 P286 ORDINANCE NO. 893 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 13.08 AND 13.09 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REDUCE DRAINAGE IMPACT FEES FOR CERTAIN SECOND DWELLINGS AND ADDITIONS ON EXISTING RESIDENTIAL PROPERTIES A. Recitals. 1. Chapters 13.08 and 13.09 of the Rancho Cucamonga Municipal Code generally requires payment of drainage impact fees based on the net area of an entire parcel, or for parcels larger than one acre, on the net area of the developed portions of such parcels subject to the certain exceptions and limitations. 2. The City Council finds it would be in the public's interest to create new exceptions the City's existing drainage impact fees for the development on single-family residential properties of guest houses and second dwelling units that are less than 650 square feet in area and to limit drainage impact fees for development of additions, guest houses, and second dwelling units that are 650 or more square feet by limiting the basis of such fees to the net area of the new development. 3. It is the express intent of the Council in enacting this ordinance to merely reduce the amount of existing drainage impact fees in the limited cases described herein and not in any case establish or impose a new fee or increase any existing fee. 4. All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council hereby ordains as follows: SECTION 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2. Section 13.08.040 of Chapter 13.08 of the Rancho Cucamonga Municipal Code is hereby amended by adding a new subsection "F" as follows: "F. If the parcel with respect to which a building permit is issued is an existing single family residence that is required to pay drainage fee pursuant to this chapter and the permit is issued for an addition, guesthouse, or Second Dwelling unit 650 or more square feet in area, the fee shall be based on the net area of the addition, guesthouse, or Second Dwelling unit calculated as follows: the square footage of the permit application as determined by the Building Official plus five feet times the outside wall perimeter of the addition, guesthouse, or second dwelling unit." ORDINANCE NO. 893 — Page 1 of 2 P287 SECTION 3. Section 13.08.060.0 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows "C. For single-family residences, an addition, guesthouse, or Second Dwelling unit that does not exceed 650 square feet in area," SECTION 4. Section 13.09.030 of the Rancho Cucamonga Municipal Code is hereby amended by adding a new subsection "F" as follows: "F. If the parcel with respect to which a building permit is issued is an existing single family residence that is required to pay drainage fee pursuant to this chapter and the permit is issued for an addition, guesthouse, or Second Dwelling unit 650 or more square feet in area, the fee shall be based on the net area of the addition, guesthouse, or Second Dwelling unit calculated as follows: the square footage of the permit application as determined by the Building Official plus five feet times the outside wall perimeter of the addition, guesthouse, or second dwelling unit." SECTION 5. Section 13.08.090.0 of Chapter 13.09 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "C. For single-family residences, an addition, guesthouse, or Second Dwelling unit that does not exceed 650 square feet in area;" SECTION 6. The City Council finds that the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the reduction of existing drainage impact fees will have a significant effect on the environment. SECTION 7. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. SECTION 8. The City Clerk shall certify as to the adoption of this Ordinance. ORDINANCE NO. 893 — Page 2 of 2 STAFF REPORT PLANNING DEPARTMENT P288 Date: September 21, 2016 RANCHO `;UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Candyce Burnett, City Planne( By: Tom Grahn, Associate Planner Subject: Consideration of Adoption of Ordinance No. 894 amending Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to revise development standards for the Mixed Use (MU) District by removing maximum Floor Area Ratio (FAR) requirements. RECOMMENDATION Staff recommends the City Council approve the second reading of Ordinance Number 894, as acted upon by the City Council at a public hearing at the September 7, 2016 meeting, thereby approving an amendment to the Development Code for the purpose of revising development standards by removing maximum Floor Area Ratio (FAR) requirements applicable to the Mixed Use (MU) District. BACKGROUND On September 7, 2016, staff provided an oral presentation at a public hearing to the City Council detailing Ordinance Number 894. Ordinance Number 894 will amend the Development Code to revise development standards for the Mixed Use (MU) District by removing maximum FAR requirements. At the conclusion of the public hearing, the City Council held a first reading for adoption of the Ordinance. CB:TG/Is Attachment: Ordinance adopting Development Code Amendment DRC2016-00563 P289 ORDINANCE NO. 894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2016-00563, A SUPPLEMENT TO DEVELOPMENT CODE UPDATE DRC2010-00571, AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REVISE DEVELOPMENT STANDARDS FOR THE MIXED USE (MU) DISTRICT BY REMOVING MAXIMUM FLOOR AREA RATIO (FAR) REQUIREMENTS. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2016-00563, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 10th day of August 2016, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the above referenced Development Code Amendment DRC2016-00563 and, following the conclusion there of, issued Resolution No. 16-43, recommending that the City Council of the City of Rancho Cucamonga adopt said Development Code Amendment. 3. On the 7th day of September 2016, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the Development Code Amendment and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above -referenced public hearing on September 7, 2016, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to property located within the City; and b. On October 21, 2015, the City Council adopted Development Code Amendment DRC2015-00421 to establish development standards for the Mixed Use (MU) District; and c. On August 10, 2016, the Planning Commission recommended to the City Council adoption of the draft Mixed Use (MU) District development standard deleting the Floor Area Ratio (FAR) requirement; and d. Based on feedback received since the effective date of the adoption of Development Code Amendment DRC2015-00421, the City prepared Development Code P290 CITY COUNCIL ORDINANCE NO. 894 DEVELOPMENT CODE AMENDMENT DRC2016-00563 - CITY OF RANCHO CUCAMONGA September 7, 2016 Page 2 Amendment DRC2016-00563 to delete Floor Area Ratio (FAR) requirements from the Mixed Use (MU) District, which is included as Attachment 1 to this Ordinance and is hereby incorporated by this reference as if set forth in full; and e. Development Code Amendment DRC2016-00563 conforms to and does not conflict with the General Plan, including without limitation, the Land Use Element thereof, and will provide for development in a manner consistent with the General Plan; and f. Development Code Amendment DRC2016-00563 will not have a significant impact on the environment since this amendment does not propose development. New development is required to be reviewed by the Planning Department on a case-by-case basis. This will include a review of any potential impacts each individual project may have on the environment. SECTION 3: Based upon the substantial evidence presented to this Council during the above -referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development. This update complies with Policy LU -4.1 in the General Plan, in that the amendment promotes Mixed Use development; and b. This amendment does promote the goals and objectives of the Development Code. The proposed Mixed Use standards, including, but not limited to, setbacks, building height, parking, landscaping and open space, will provide further direction for the development of Mixed Use sites. The deletion of the Floor Area Ratio (FAR) requirement removes an undue restriction on the development of Mixed Use sites; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. This amendment does not propose development. New development is required to be reviewed by the Planning Department on a case-by-case basis and is required to not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The proposed amendment is in conformance with the General Plan, which encourages Mixed Use development within the City's designated Mixed Use areas. The amendment involves the modification of Mixed Use development standards, which will facilitate in the development of properties in the Mixed Use (MU) Districts. SECTION 4: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Negative Declaration on October 21, 2015, in connection with the City's approval of Development Review DRC2015-00421. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project. No substantial changes are proposed to the project that indicate new or more severe impacts on the environment; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; no new important information shows the project will have new or more severe impacts than previously P291 CITY COUNCIL ORDINANCE NO. 894 DEVELOPMENT CODE AMENDMENT DRC2016-00563 - CITY OF RANCHO CUCAMONGA September 7, 2016 Page 3 considered; and no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. On October 21, 2015, the City adopted a Negative Declaration regarding a Development Code update for development standards for Mixed Use Districts. The proposed Code amendment is limited to the adoption of a text amendment to the Development Code to eliminate the maximum Floor Area Ratio requirement for Mixed Use Districts and does not involve a site-specific project, and the adoption of the amendment does not preclude the review by the City of any project that results from this amendment. Accordingly, there have been no substantial changes to the project or the circumstances surrounding the project which would create new or more severe impacts than those evaluated in the previous Negative Declaration. Staff further finds that the project will not have one or more significant effects not discussed in the previous Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less -than -significant. Additionally, when an application for a site-specific project is submitted for review by the City, the City will conduct a project -and site-specific environmental assessment. At that time, based upon the specific calculated Floor Area Ratio of the project and any associated potential impacts, the applicant will be required to submit environmental studies that analyze the impact(s) (if any) to, for example, air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site-specific project. On a case-by-case review of each project, the appropriate environmental document will be prepared to address project -specific impacts. SECTION 5: The Development Code is hereby amended to delete the Floor Area Ratio (FAR) Mixed Use (MU) District development standard, in words and figures, as shown in the attached Attachment "1." SECTION 6: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 7: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Attachment 1 Text Amendments to the Development Code Article III — Zoning Districts, Allowed Uses, and Development Standards Table 17.36.020-2 of the Development Code is hereby revised to read as follows: TABLE 17.36.020-2 DEVELOPMENT STANDARDS FOR MIXED USE ZONING DISTRICTS Development Standard MU Site/Lot Area (minimum) (1) n/a Lot Width/Depth (minimum) n/a ' Allowed Density (dwelling units per acre) Minimum Density n/a Maximum Density 50 units/acre Project shall incorporate a minimum of two of the following types of land uses: Commercial, Office, Institutional, Residential, Live/Work Land Use Mix Setbacks (3)(4) Street Yard (Major/Special Boulevard) Street Yard (Secondary/Collector) Street Yard (Local Streets) Rear Yard (adjacent to residential) Rear Yard (adjacent to commercial or industrial) Interior Side (adjacent to residential) Interior Side (adjacent to commercial or industrial) Distance Between Buildings Primary Buildings Accessory Buildings Building Height (maximum in feet) (6) Primary Buildings Accessory Buildings 50% - 75% reduction of streetscape requirements (7) 50% - 75% reduction of streetscape requirements (7) 75% - 100% reduction of streetscape requirements (7) Match rear yard setback requirements of adjacent base district 0 feet (5) Match side yard setback requirements of adjacent base district 5 feet Minimum per Building Code requirements 75 feet maximum Not to exceed primary building height Floor #ea iatlo ofbuliding to let square footage) Floor Area -Ratio 1.8 pax Open Space Requirement (minimum percentage of open space per parcel or project) Landscape Area (overall net area) Open Space Requirements Recreation Area/Facility 10% minimum Minimum of 150 square feet/unit See Section 17.36.020 (D) for additional requirements Required per Section 17.36.010 (E) Parking Requirement Parking Spaces See Table 17.64.050-1 NOTE: A parking study is required for all Mixed Use projects per Section 17.64.060(D) Table Notes: fl On existing lots of record. oarcels less than three (3) acres or less than the required minimum frontage may only be developed P292 at the lowest end of the permitted density range. f21 Lot sizes less than one-half (34) acre are not subiect to land use mix requirement. L31 Setbacks are measured between the structure and curb face in front yards and corner side yards. Setbacks are measured between the structure and property line in rear yards and interior side yards. 01 Shall apply to buildings. parkin and landscaoina. 01 Must meet minimum Building Codes. 62 All buildings within one -hundred (100) feet of LM. L. or VL Districts shall not exceed twenty five feet (25'1: however. there may be areas where the maximum building height may be required to be less than the cited maximum. and shall be determined on a case by case basis. El For mixed use development of any type see the streetscaoe setbacks in Table 17.36.010-3 that apply to Attached Single - Family Residential and Multi -Family Residential. P293 STAFF REPORT PLANNING DEPARTMENT Date: September 21, 2016 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Candyce Burnett, City Planner By: Jennifer Nakamura, Associate Planner Dominick Perez, Associate Planner P294 RANCHO CUCAMONGA Subject: MUNICIPAL CODE AMENDMENT DRC2016-00616 — CITY OF RANCHO CUCAMONGA - A request to amend Titles 5, 9 and 17 of the Municipal Code to amend regulations regarding new and existing massage establishments. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA section 15601(b)(3). RECOMMENDATION The Planning Commission recommends the City Council approve the proposed changes to Title 17 (Development Code) and staff recommends the City Council approve the proposed changes to Title 5 (Business Taxes, Licenses and Regulations) and Title 9 (Public Peace, Morals and Welfare) to amend regulations for new and existing massage establishments. BACKGROUND In 2008 the Governor signed into law SB 731, which established uniform regulations for massage therapy and massage establishments. This law preempted most local land use, zoning, and operational regulations provided that massage establishments and practitioners were certified by the California Massage Therapy Council. Prior to the implementation of SB 731, massage establishments were conditionally permitted in the General Commercial zoning district Citywide and within the Village Commercial District of the Victoria Arbors Master Plan. In 2012, as part of our comprehensive Development Code Update, massage establishments were permitted "by -right" in all commercial zones, as well as the Industrial Park and General Industrial Districts. This was done to bring the City's land use regulations on massage establishments into compliance with State law. Massage establishments have proliferated in the City since the implementation of SB 731. Prior to the required land use changes, there were 7 massage establishments within the City. By the end of 2014 there were 42 establishments. This represents a 600% increase in less than 3 years. There is evidence in other jurisdictions that massage establishments are fronts for prostitution or human sex trafficking. Staff from the Rancho Cucamonga Police Department, Rancho Cucamonga Fire District, Planning, Building and Safety, Community Improvement and Business License have created a task force to perform inspections of all massage establishments in Rancho Cucamonga. As a result of this task force, 19 locations have been closed permanently and several have been closed pending proper permits. P295 CITY COUNCIL STAFF REPORT MUNICIPAL CODE AMENDMENT DRC2016-00616 September 21, 2016 Page 2 On September 18, 2014, Governor Brown signed into law AB 1147 which amended the State's current massage therapy laws to expand local authority to adopt zoning regulations, business licensing, and reasonable health and safety requirements for massage establishments and practitioners. On December 17, 2014, the City Council approved at a publicly noticed hearing Interim Ordinance No. 872 to conditionally permit new massage establishments in all zones in which the use is currently permitted by right. Pursuant to State law, Government Code Section 65858, Interim Ordinance No. 872 is effective for a period of 45 days from the date of adoption. On January 21, 2015, pursuant to Government Code Section 65858, the City Council approved Interim Ordinance No. 872 A, which extended Ordinance No. 872 for up to 22 months, 15 days, allowing the City additional time to study the contemplated land use change. Prior to the expiration of an interim ordinance, a permanent ordinance must be adopted by a noticed public hearing or the land use changes included in the interim ordinance will expire on December 6, 2016. ANALYSIS OF PROPOSED CHANGES The changes proposed are based on research of other cities massage regulations across the state as well as the experience derived from inspections performed by the City's massage task force and consultation with the City Attorney's office. Changes to Title 5 (Business Taxes, Licenses and Regulations) Massage Business Permit. While the Conditional Use Permit process was an appropriate interim measure to allow staff to review new massage businesses, the primary goal is to regulate massage business operations and ensure the qualifications of the operators of such businesses rather than the location of massage businesses as a land use matter. Instead of a Conditional Use Permit, staff proposes the implementation of a new massage business permit that would be specific to each massage business and each operator. The permit would not run with the land. A new chapter would be added to Title 5 that includes permit application requirements, administrative review procedures, operational and business standards and the ability to revoke or suspend a permit if the business owner does not comply with the regulations. Pertinent provisions of the proposed chapter include: • All massage professionals must be certified as a massage practitioner or therapist by the California Massage Therapy Council. This requires 500 hours of instruction at a State approved school of massage, the passage of a massage and bodywork competency test, and a criminal background check, all of which are performed by the California Massage Therapy Council. The ordinance does not require business owners to be certified by the California Massage Therapy Council, however those not certified are required to submit to a background check. • All massage establishment owners must apply for a massage business permit, upon the payment of an application fee. The Massage Establishment Permit application must identify all individuals who will be providing massage therapy at the establishment, including the individual's State certification number and a copy of his or her State issued identification card. Existing massage owners will be given 9 months from the date of the adoption of the ordinance P296 CITY COUNCIL STAFF REPORT MUNICIPAL CODE AMENDMENT DRC2016-00616 September 21, 2016 Page 3 to obtain the permit, and the permit must be renewed annually at the same time as the business license is renewed. • Advertising in media classified as "adults only" or similar classification is strictly prohibited. • Basic operational and health and safety requirements. These standards include the requirement that a certified therapist be on the premises at all times; minimum lighting requirements; beds, floor mattresses and waterbeds on the premises are prohibited; all clients must enter the premises by a front door; hours of operation are limited from 9:00 a.m. to 9:00 p.m. and gratuities may only be given to a massage therapist in the waiting or the reception room, and not while in the massage therapy room. • Owners of massage establishments are strictly liable for any violations of the ordinance and/or State law, whether or not they personally committed or knew of the violation, and may have their Massage Establishment Permit denied, suspended or revoked. The proposed ordinance also provides that in the event the Massage Establishment Permit is revoked, the City Manager may prohibit the opening of a new massage establishment at the same location by any person for a period of not less than 1 year. This would occur, for example, where there have been multiple arrests on the premises, and the business owner and/or real property owner has not taken appropriate action to correct the violations. • Owners of massage establishments are entitled to administratively appeal to the City Manager the City Planner's decision to deny, suspend or revoke the Massage Establishment Permit. The Planning Director shall not issue a new Massage Establishment Permit for the same location prior to the resolution of the appeal, which is a common tactic that is being used by illicit massage parlors to avoid liability for violations of the City's massage ordinance or State law. Changes to Title 17 (Development Code) Types of Massage Establishments and Allowed Zones. Prior to SB731, massage establishments were only allowed in the General Commercial District. After SB731, massage was permitted in all commercial districts as well as the Industrial Park and General Industrial district. Staff proposes amending Table 17.30.030-1 to change the allowed land uses for massage establishments to only include commercial districts. Existing massage establishments that are located in industrial districts will be permitted to continue operating for either 1 year, or until their current lease has ended, whichever is later. Unique cases may be appealed to the City Planner. There are 5 massage establishments located in the Industrial Park or General Industrial districts. We have been approached by medical professionals in our community, such as doctors, chiropractors and acupuncturists who want to offer massage as a complimentary service to their practice. Staff is proposing amending Table 17.30.030-1 to add a new land use designation for this type of use called Massage Establishment, Ancillary. This will allow for businesses that want to offer massage as a service provided they do not use more than 10 percent of the gross floor area to massage services. This use will be allowed in all commercial districts, but will also be permitted in Industrial Park and General Industrial districts, as medical uses are also common in P297 CITY COUNCIL STAFF REPORT MUNICIPAL CODE AMENDMENT DRC2016-00616 September 21, 2016 Page 4 these districts. Land use descriptions for Massage Establishment, Ancillary will be added and the existing description to Massage Establishment will be amended in Section 17.32.020 E. The excerpt of Table 17.30.030-1 and Section 17.32.020 reflecting the proposed changes is shown below: TABLE 17.30.030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Use/Zoning District > 5 J 2 5 2 0 11. (. Z Retail, Service and Office Uses Massage Establishment(12) (9 U cn v a 2 O 2 u - N N N N N N P P P P P P P P N N N N N N N N Massage Establishment, NNNNNNPPPPPPPPPPNNNNNN Ancillary(12) (12) Massage Establishment Permit required. See additional regulations for massage establishments in Chapter 5.18. Section 17.32.020 Allowed Use Descriptions E. Retail, Service, and Office Uses. 35. Massage Establishment. Any establishment whose primary function is to provide massage services to customers and where all massage therapists and practitioners are certified by the California Massage Therapy Council. 36. Massage Establishment, Ancillary. Any establishment where customers can receive massage services where the gross floor area of the business dedicated to massage services is less than 10% of the gross floor area and where all massage therapists and practitioners are certified by the California Massage Therapy Council. Special Use Regulations. All regulations for the operation of new and existing massage establishments will now be in Chapter 5.18. As a result, the special use regulations in Section 17.102.080, shown below, are redundant and staff recommends they be deleted. Section 17.102.080 Massage Establishments A. Applicability. The development standards of this Section shall apply to all massage establishments in the City. B. Hours of Operation. The hours of operation of massage establishments shall be limited to between 7:00 a.m. and 10:00 p.m. daily. P298 CITY COUNCIL STAFF REPORT MUNICIPAL CODE AMENDMENT DRC2016-00616 September 21, 2016 Page 5 Changes to Title 9 (Public Peace, Morals and Welfare) Cleanup of Outdated Regulations. Chapter 9.24 contains outdated regulations for massage services that staff is proposing be deleted as they will be superseded by Chapter 5.18. ENVIRONMENTAL ASSESSMENT The project is deemed to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment because the amendment will not expand the number or types of zoning districts in which massage establishments will be allowed to operate in the City. Therefore, there is no possibility that this Ordinance may have a significant effect on the environment. CORRESPONDENCE Notice of the public hearing was published in the Inland Valley Daily Bulletin on September 8, 2016 as a large, 1/8th page legal notice. CB:JN/Is Attachments: Exhibit A - Approved Planning Commission Minutes dated August 10, 2016 Exhibit B - Signed Planning Commission Resolution #16-46 - Recommending Approval of Municipal Code Amendment DRC2016-00616 Draft Ordinance of Approval for Municipal Code Amendment DRC2016-00616 P299 ■ HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES AUGUST 10, 2016 Page 3 that no further environmental review or Negative Declaration is required for subsequent 6 id;� J:. ,. • 1 • it ^ ^ ^ ^ r previous Negative Declaration. Nikki Cavazos, Assistant Planner, presented the staff report and Powerpoint pre She noted two proposed amended conditions placed before the Commissioners for it consideration (copy on file): delete the requirement for automatic fire sprinklers - . also delete and reword #2: to read "Due to the condition to restripe the east g of the intersection of Valencia Avenue at Haven Avenue, loops on the east leg shall reinstalled per the City's latest project plans and specifications. The work shall i ude but is not limited to, Type D loops at the limit line, Type E loops elsewhere. Type % and Type E loops on separate detector channels, and new detector lead-in cables an.-:tectorcards for each added detector channel." Commissioner Wimberly asked if the modifications to the will improve circulation. Ms. Cavazos said breaking up the linear planter and . • ing about 20 directional signs will improve circulation during peak hours. Commissioner Fletcher asked if the arrows . re between the pumps and if they are directional. Ms. Cavazos reported that all the dir: 'ional arrows will be painted on the pavement t improve circulation to and from the • ps. Chairman Oaxaca opened the p •lic hearing. Ken Barton of the Fiedler Grp rp representing the applicants said they accept the amended conditions. He noted the =re also restriping on Valencia to improve the stacking problem. Commissioner Fletc informed Mr. Barton of needed improvements at the pumps such as replacing worn ou ey pads, lack of receipt paper and pump trigger issues and said the location is great . ut service at Costco is better. Mr. Barton ' dicated these concerns are not part of the project but he would let corporate know. said the problem with the pump trigger is due to the prior customer "topping off". Ch. an Oaxaca closed the public hearing. . oved by Maciatleatiewrigrry Fletcher, carried 5-0 to adopt the Resolutions approving ...,, Icy use Permit DRC2015-01190 and Minor Design Review DRC2015-01191 with the amended conditions. MUNICIPAL CODE AMENDMENT DRC2016-00616 — CITY OF RANCHO CUCAMONGA - A request to amend Titles 5, 9 and 17 of the Municipal Code to amend regulations regarding EXHIBIT A P300 RANCHO CUCAMONGA HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES AUGUST 10, 2016 Page 4 new and existing massage establishments. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA section 15601.b.3. This item will be forwarded to the City Council for final action. Dominick Perez, Associate Planner, gave the staff report and Powerpoint presentation. Commissioner Wimberly asked for clarification regarding the chain of authority with respect to the Titles 5 and 9 portions of the application. Mr. Perez explained that before the use was A CUP which runs with the land and now the permit is being removed from running with the land and will run with the business operation which gives more authority for the City to revoke the permit if the business is not complying. Steven Flower, Assistant City Attorney said the review prior to issuance of the permit will be at staff level. The City will no longer regulate it as a land use and it will not be under Commission review; the City now will regulate it as a business. He said it will be the same type of review and but regulated by another arm of the City. Commissioner Wimberly said it seems the Commission is being by-passed and the Commission has been removed from the process. He said the process also seems a little muddled for Doctors to add the use to their practice. Commissioner Fletcher asked if the owner can appeal if his permit is revoked and if a complaint comes in on a business, who would handle that. Mr. Flower said there will still be regulated as a land use but the regulation will be more specific to the operator than the land use. He said a revocation is appealable to the City Manager. The permit review and decision to issue or not to issue a permit is made in the Planning Department, and the operator's expertise and background are reviewed. If the decision is appealed it goes to the City Manager or his designee and if they don't like the decision, they can file a lawsuit. He said other types of licenses and permits issued by the City that also follow this path. He said the Planning Director will handle the complaints on these business operations. Chairman Oaxaca opened the public hearing and hearing and seeing no comment, closed the public hearing. He mentioned that there are specific conditions listed that would trigger suspension/revocation. He asked how the conditions will be tracked and if there will there be regular checks and if the conditions can be enforced. Mr. Perez said there is a massage task force in place that conducts inspections to ensure compliance and would also work with other agencies if operators are working outside of good business standards. He said this new process is a work in progress. P301 RANCHO CUCAMONGA HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES AUGUST 10, 2016 Page 5 Mr. Flower said there is a provision in the new Title 5 found on page 22 of the agenda packet (Section 5.18.170) that provides for inspections. He noted that the State still certifies these individuals -and they can't practice without the certification. He said there is another level of review in that we can do a cross check with the State if we believe someone does not have the proper background. He said there is no feasible means to make sure all are up to date and current at all times but if complaints come in then we can start looking at other things that we might not look at in the initial application. He said the regular inspections gives us a chance to see the red flags. Commissioner Fletcher said the State conducts a background check. Mr. Flower said we confirm with the State if needed. Moved by Wimberly, seconded by Fletcher, carried 5-0 to adopt the Resolution recommending approval of Municipal Code Amendment DRC2016-00616 by the City Council. ' DEVELOPMENT CODE AMENDMENT DRC2016-00563 - CITY OF RANCHO Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to revi development standards for the Mixed Use (MU) District by removing maximum Floor -a Ratio (FAR) requirements. The City Council adopted a Negative Decla•. •n of environmental impacts for this project on October 21, 2015. The California E•.••'onmental Quality Act provides that no further environmental review or Negative Decl- "on is required for subsequent projects or minor revisions to projects within the -`'•e of a previous Negative Declaration. This item will be forwarded to the City Co ,: for final action. Tom Grahn, Associate Planner gave the staff report and erpoint presentation. Commissioner Fletcher asked what was the origi r°`intent and purpose to establish FAR. Mr. Grahn said at the time it was to restric .R = overall size of the development. He said we did not realize the full impact of the rfiction and how it would affect the proposition of mixed use and marketability. In re ,., nse to Commissioner Fletcher, he said the restriction affects parking, density, buildi ;; eight, landscape standards, setbacks etc. Chairman Oaxaca su Y;,- : rized by noting it does not fit for mixed use development. Mr. Grahn sairequirement would prevent the higher residential density and commercia ,,�mponent we are looking for along Foothill Boulevard. P302 RESOLUTION NO.16-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2016-00616, REGULATING THE OPERATION OF MASSAGE ESTABLISHMENTS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On December 17, 2014, the City Council approved Interim Ordinance No. 872 at a publicly noticed meeting to conditionally permit new massage establishments in all zones in which the use was then currently permitted by right. Pursuant to State law, Government Code Section 65858, Interim Ordinance No. 872 was effective for a period of 45 days from the date of adoption. 2. On January 21, 2015, pursuant to Government Code Section 65858, the City Council approved Interim Ordinance No. 872 A, which extended Ordinance No. 872 for up to 22 months, 15 days, allowing the City additional time to study the possible changes to its massage regulations. The land use changes included in the interim ordinance will expire on December 6, 2016. 3. The City of Rancho Cucamonga has filed an application for Municipal Code Amendment No. DRC2016-00616, as described in the title of this Resolution which is based on research of massage regulations in other cities across the state as well as the experience derived from inspections performed by the City's massage task force. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the amendment." 4. On August 10, 2016, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment and concluded said hearing on that date. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the above -referenced public hearing, including all written and oral evidence presented, this Commission hereby finds the amendment is consistent with the general plan goals, policies, and implementation programs because it will provide for the orderly development and operation of massage establishments in a manner that is compatible with surrounding land uses. 3, The Planning Department Staff has determined that the project is amendment exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15061(b)(3) of CEQA which is the general rule that CEQA applies only to projects which have the potential for causing a significant EXHIBIT B P303 PLANNING COMMISSION RESOLUTION NO. 16-46 DRC2016-00616 - CITY OF RANCHO CUCAMONGA MUNICIPAL CODE AMENDMENT — MASSAGE REGULATIONS AUGUST 10, 2016 Page 2 effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment because the amendment will not expand the number or types of zoning districts in which massage establishments will be allowed to operate in the City. Therefore, there is no possibility that this Ordinance may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends approval of Development Code Amendment No. DRC2016-00616 as outlined below. Table 17.30.030-1 shall be amended as follows: TABLE 17.30.030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Use/Zoning District > J g g= 2 O z (V9 V U) w V- = O T UV - Retail, Service and Office Uses Massage NNNNNNP PPP PP PPNNNNNNNN Establishmento2 Massage Establishment, NNNNNNPPPPPPPPPPNNNNNN Ancillary02I (12) Massage establishment permit required. See adcitlonal regulations for massage este )Iishmerns in t*hapter 5.18. Section 17.32.020 shall be amended as follows Section 17.32.020 Allowed Use Descriptions E. Retail, Service, and Office Uses. 35. Massage Establishment. Any establishment whose primary function is to provide massage services to customers and where all massage therapists and practitioners are certified by the California Massage Therapy Council. 36. Massage Establishment, Ancillary. Any establishment where customers can receive massage services where the gross floor area of the business dedicated to massage services is less than 10% of the gross floor area and where all massage therapists and practitioners are certified by the California Massage Therapy Council. Section 17.020.080 shall be deleted in its entirety. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. P304 PLANNING COMMISSION RESOLUTION NO. 16-46 DRC2016-00616 - CITY OF RANCHO CUCAMONGA MUNICIPAL CODE AMENDMENT – MASSAGE REGULATIONS AUGUST 10, 2016 Page 3 APPROVED AND ADOPTED THIS 10TH DAY OF AUGUST, 2016. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: 11 — Francisco Oaxaca, Chairman Candyc$JBurnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of August 2016, by the following vote -to -wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE P305 ORDINANCE NO. 895 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 5 AND TITLE 9 AND TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REPEAL CHAPTER 9.24 AND SECTION 17.102.080 IN THEIR ENTIRETY AND ADDING CHAPTERS 5.18 AND 17.40 REGULATING THE OPERATION OF NEW AND EXISTING MASSAGE ESTABLISHMENTS. THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY ORDAINS AS FOLLOWS: SECTION 1. Chapter 9.24 and Section 17.102.080 of the Rancho Cucamonga Municipal Code are hereby repealed and deleted. SECTION 2. Chapter 5.18 is hereby added to Title 5 of the Rancho Cucamonga Municipal Code, to read as follows: "Chapter 5.18 Massage Business Permits 5.18.010 Purpose This chapter is intended to provide for the orderly regulation of massage therapists and massage establishments in the interest of public health, safety, and welfare. 5.18.020 Definitions For the purpose of this chapter, the following words and phrases are defined and shall be construed as set out in this section, unless it is apparent from the context that a different meaning was intended: A. "Ancillary massage services" means Tess than 10% of the gross floor area of a business is dedicated to massage services. B. "Existing massage establishment" means any massage establishment that was legally established in or upon any premises within the city between January 1, 2015 and the effective date of this chapter. C. "Massage establishment" means any establishment where customers can receive a massage either as a primary or accessory function and where all massage therapists and practitioners are certified by the California Massage Therapy Council. 1 P306 D. "Massage services" means any method of treating the external parts of the human body for remedial, health, or hygienic purposes by means of pressure on or friction against; or stroking, kneading, rubbing, tapping, pounding; or stimulating the external parts of the human body with the hands or other parts of the human body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powers, creams, lotions, ointments, or other similar preparations. 5.18.030 Permit Required A. It is unlawful for any person, firm, partnership or corporation to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the city, the operation of a massage establishment or ancillary massage establishment as herein described, without first having obtained a Massage Establishment Permit, issued by the City pursuant to the provisions herein set forth. Said permit shall immediately be surrendered to the Planning Director upon suspension, revocation, or expiration of said permit. B. A separate massage establishment permit shall be obtained for each separate massage establishment and/or any change in ownership to a massage establishment. 5.18.040 Exemptions The provisions of this chapter shall not apply to: A. Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the State; B. Barbers and cosmetologists licensed by the state, as defined and to the extent provided in Business and Professions Code section 7316 or any successor provision thereto, who are engaging in practices within the scope of their licenses, except that this exemption will only apply to massaging of the neck, face, scalp, hands, or feet that is ancillary to the primary service being provided by the barber or cosmetologist; C. Hospitals, nursing homes, sanitariums or other health care facilities duly licensed by the state whose employees are acting within the scope of their employment; 2 P307 D. Accredited high schools, junior colleges and colleges or universities whose coaches and trainers are acting within the scope of their employment. 5.18.050 Applicability to Existing Massage Establishments Existing massage establishments shall not be exempt from this Chapter and must apply for a massage establishment permit within nine (9) months after the effective date of this Chapter. The Planning Director shall grant all timely applications for massage establishment permits by existing massage establishments unless grounds for suspension or revocation exist under section 5.18.100. 5.18.060 Fees A. Each application for a Massage Establishment Permit or an annual renewal required under this chapter shall be accompanied by a nonrefundable application and investigation fee payable to the City which shall be set by resolution of the City Council. B. Each hearing required under this chapter may be subject to a nonrefundable application and investigation fee payable to the City which shall be set by resolution of the City Council. C. No refund or rebate of an application and investigation fee required under this chapter shall be allowed regardless of whether: 1. The Massage Establishment Permit has been suspended or revoked; 2. The holder of the Massage Establishment Permit discontinues an activity for which a Massage Establishment Permit is required pursuant to this chapter. D. The fees required under this section shall be in addition to any fee required under any other provisions of this Code or ordinance heretofore or hereafter adopted. 5.18.070 Permit Application A. Any person, firm, corporation, or partnership desiring to obtain a permit to operate a massage establishment shall make application under penalty of perjury of the laws of the State, to the Director. B. The applicant, if a corporation or partnership, shall designate one of its officers or general partners to act as its responsible managing employee. Such person shall complete and sign all application forms required of an individual applicant under this chapter; however, only one application fee shall be charged. The corporation's or 3 P308 partnership's responsible managing employee must, at all times, meet all of the requirements established for permittees by this chapter or the corporation or partnership permit shall be suspended until a responsible managing employee who meets such requirements is designated. If no such person is found within 90 days, the corporation or partnership permit shall be deemed canceled without further notice and a new initial application for permit must be filed. C. Submission of the application for a massage establishment permit does not authorize the applicant to engage in, conduct, or carry on the operation of a massage establishment. No business shall be conducted until such permit has been granted. D. Each applicant for a massage establishment permit shall submit the following information to the Planning Department: 1. The legal name, address, and telephone number of the massage establishment; 2. A description of services to be provided at the massage establishment; 3. A description of any other businesses operated on the premises; 4. A floor plan indicating how the operation of a massage establishment is proposed to be conducted within the premises; 5. The legal name of all owners and managers of the massage establishment; 6. The home address and telephone number of all owners of the massage establishment, any previous home addresses for a period of 5 years immediately prior to the date of the application, and the dates of residence at each; 7. A valid and current driver's license, photo identification issued by a State or Federal governmental agency, or photographic identification bearing a bona fide seal by a foreign government for each owner of the massage establishment; 8. The form of business under which the massage establishment will be operating; 9. A signed statement from each owner of the massage establishment indicating that: 4 P309 a. All of the information contained in the application is true and correct; b. Each owner shall be responsible for the conduct of the massage establishment's employees and any independent contractors providing massage services at the massage establishment; c. Each owner acknowledges that failure to comply with any local, State, or Federal law may result in the revocation of the Massage Establishment Permit; 10. The massage license and registration history of each owner of the massage establishment, including: a. Whether the owner has operated any massage establishment or similar business or occupation within any other City, County, or State; b. Whether any license or registration certificate previously obtained by the owner was revoked, suspended, or denied and, if so, the reason(s) therefore and any employment obtained subsequent to any revocation, suspension, or denial; 11. The employment history of each owner of the massage establishment for a period of 5 years immediately prior to the date of the application, including: a. The dates of employment for each position; b. Whether the owner, or a former employer of the owner during the owner's period of employment, was subject to an abatement proceeding under California Penal Code sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State; 12. For each owner of the massage establishment that is certified by the California Massage Therapy Council (CAMTC), a copy of the owner's current certification from CAMTC as a Certified Massage Practitioner, Certified Massage Therapist, or conditionally Certified Massage Practitioner, and a copy of the owner's CAMTC-issued identification card; 13. For each owner of the massage establishment that is not certified by CAMTC, current fingerprints taken by a certified California Live Scan Fingerprinting Center for the purpose of conducting a background check on behalf of the City to 5 P310 determine the criminal history of the owner, including whether the owner has been convicted of any felony, misdemeanor, infraction, or municipal code violation or has been held liable for any administrative or civil action for an act that is substantially related to the practice of massage; 14. The name of each person to be employed or retained by the massage establishment to perform massage services for compensation, a copy of that person's current certification from CAMTC as a Certified Massage Practitioner, Certified Massage Therapist, or conditionally Certified Massage Practitioner, and a copy of that person's CAMTC-issued identification card; 15. The name and address of the owner of the real property upon, in, or from which the massage establishment will be operated. In the event that the owner of the massage establishment is not the owner of the real property, the application shall include a copy of any written lease between massage establishment and the property owner authorizing use of the premises for a massage establishment or, if there is no written lease, a written, notarized acknowledgment from the property owner declaring that the property owner has been advised that a massage establishment will be operated by the applicant upon, in, or from the property owner's real property; 16. Proof of current and valid Workers' Compensation insurance from an insurer authorized to do business in the State, in an amount as required by law; 17. Authorization for the City, its employees and agents to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the Massage Establishment Permit; 18. The name of the individual to receive notices on behalf of the massage establishment; 19. Any other information necessary to discover the truth of the matters required to be set forth in the application. E. Any changes to the information provided in the application during the period that the City is reviewing the application shall be immediately reported to the City. Failure to report such changes shall result in denial of the application. 6 5.18.080 Review Process P311 A. The Planning Director shall be the approving authority for massage establishment permits. B. If it is clear from the face of the application and supplementary materials that the applicant is not qualified for the Massage Establishment Permit, or if the required fee has not been paid, the application may be denied without further investigation. C. Upon receipt of an application for a Massage Establishment Permit, the Planning Director shall refer the application to other City departments, as appropriate, for review of the application and inspection of the premises to ensure compliance with applicable local, State and Federal laws and regulations, including, but not limited to, building, health, and fire safety regulations. D. The City may conduct additional investigations in a manner authorized by law when necessary to determine if the applicant meets the qualifications for a Massage Establishment Permit pursuant to this chapter. E. Upon acceptance of a complete application, the Planning Director shall issue or deny the application for a Massage Establishment Permit within 60 calendar days of the submission of the completed application. When necessary, the Planning Director may extend the time to issue or deny the permit. F. If prosecution is pending against the applicant or any owner for either conduct violating this chapter's provisions or conduct violating Business & Professions Code section 4600 et seq., the Planning Director may postpone the decision on the application until the prosecution's final resolution. As used in this subsection, prosecution means charges filed by the District Attorney, administrative proceedings brought by a local government or agency, or a civil or criminal action maintained by the City Attorney or prosecuting attorney. 5.18.090 Permit Issuance and Renewal A. The Planning Director shall issue a Massage Establishment Permit if the applicant meets the requirements of this chapter and no grounds for denial exist under section 5.18.090. The Planning Director may impose conditions on the permit consistent with this chapter and applicable law. No permit granted herein shall confer any vested right to any person for more than the permit period. 7 P312 B. If the owner of the massage establishment is not the owner of the real property upon, in, or from which the massage establishment will be operated, the Planning Director may send a written notice to the property owner advising of the issuance of the permit and of the regulations applicable to the massage establishment. The police chief may also provide the property owner with copies of any other notices or communications with the massage establishment owner sent at any time before or after issuance of the permit. C. A massage establishment permit issued pursuant to the terms of this chapter shall be valid for a term of one year and shall expire on the same date as the business license of the massage establishment pursuant to Title 5 of this code. An application to renew the permit shall be submitted at least 30 days prior to the expiration of the current permit. 5.18.100 Denial of Permit A. The Planning Director may deny an application for a Massage Establishment Permit on any of the following grounds: 1. The massage establishment would not comply with the requirements of this chapter or other applicable law, rule or regulation, including, but not limited to any local or State building, fire, zoning and health regulations; 2. The applicant or any owner of the massage establishment has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact in the application for a Massage Establishment Permit; 3. The applicant or any owner of the massage establishment has been the subject of a permanent injunction against the conducting or maintaining of a nuisance pursuant to sections 11225 through 11235 of the California Penal Code, or any similar law in any State or other jurisdiction; 4. The applicant or any owner of the massage establishment has had any license, certificate or permit to practice massage or somatic therapy, or to own and/or operate a massage establishment suspended, revoked, withdrawn or denied; 5. The applicant or any owner of the massage establishment has been convicted in a court of competent jurisdiction of any offense that relates directly to the conduct or operation of a massage establishment, or of any offense the commission of which occurred on the premises of a massage establishment or while performing out - call massage services; 8 P313 6. The applicant or any owner of the massage establishment has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of any of the following offenses: Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any similar offense in any state or other jurisdiction, whether or not any criminal prosecution has been pursued or conviction obtained for such acts; 7. The applicant or any owner of the massage establishment has been successfully prosecuted under the Red Light Abatement Act (California Penal Code section 11225 et seq.) or any similar law in another jurisdiction; 8. The applicant or any owner of the massage establishment is currently required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 commencing with section 290 of Title 9 of Part 1 of the California Penal Code), or any similar law in any State or other jurisdiction; 9. The applicant or any owner of the massage establishment has engaged in any other unprofessional conduct or violation of any applicable law, rule or regulation that is substantially related to the providing of massage services. 5.18.110 Suspension or Revocation of Permit A. All massage establishment owners and operators shall be deemed to know and understand the requirements and prohibitions of this chapter. Any Massage Establishment Permit issued pursuant to this chapter may be suspended or revoked by the Planning Director, where they find that any of the following have occurred: 1. The owner, operator, or any person employed or retained by the massage establishment has violated any provision of this chapter, or other applicable law, rule or regulation; 2. The owner, operator, or any person employed or retained by the massage establishment has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment; 3. The owner, operator, or any person employed or retained by the massage establishment has been the subject of a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or sections 11225 through 11235 of the California Penal Code, or any similar law in any state or other jurisdiction; 9 P314 4. The owner, operator, or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of any offense that relates directly to the conduct or operation of a massage establishment, or has at any time been convicted in a court of competent jurisdiction of any offense the commission of which occurred on the premises of a massage establishment or while performing out -call massage services; 5. The owner, operator, or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of any of the following offenses: sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any similar offense in any state or other jurisdiction, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not such acts occurred with or without the actual knowledge of the owner; 6. The owner, operator, or any person employed or retained by the massage establishment is currently required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 commencing with section 290 of Title 9 of Part 1 of the California Penal Code), or any similar law in any state or other jurisdiction; 7. The owner of the massage establishment has continued to operate the massage establishment after the massage establishment permit has been suspended; 8. Massage services have been performed for compensation by a person who is not a CAMTC-certified massage professional, with or without the actual knowledge of the owner of the massage establishment; 9. The owner, operator or any person employed or retained by the massage establishment has engaged in conduct or committed acts that a reasonable person in the client's position would understand as an offer to perform on or engage in with a client acts that are sexual in nature or that involve the touching of the client's genitals, pubic area, anus, or areola; 10. The owner, operator or any person employed or retained by the massage establishment has engaged in any other unprofessional conduct or violation of any applicable law, rule or regulation that is substantially related to the providing of massage therapy. P315 5.18.120 Appeals A. Where there are grounds to deny, suspend or revoke a Massage Establishment Permit, the Planning Director shall provide 15 calendar days prior written notice, mailed to the last known address of the owner of the massage establishment, specifying the grounds for such action. The decision of the Planning Director shall be based on a preponderance of the evidence. B. For the purposes of this chapter, including imposing the 1 year moratorium period pursuant to this section, the decision of the Planning Director on the denial, suspension or revocation of the massage establishment permit shall become final, and not subject to any right of appeal, upon any of the following circumstances: 1. The owner has failed to file a timely notice of appeal; 2. The owner has ceased business operations on or prior to the hearing date on the notice of appeal; 3. The owner has failed to appear at the appeal hearing. C. The owner may appeal the decision of the Planning Director by filing a written notice of appeal with the City Clerk within fifteen (15) calendar days after deposit of the decision in the mail, specifying in detail the grounds for such appeal. The notice of appeal shall be accompanied by a nonrefundable fee established by the city's then current fee schedule. Failure to file a timely appeal will be considered a failure on the part of the owner to exhaust his or her administrative remedies for the purpose of seeking judicial review. In the event an appeal is timely filed, the suspension or revocation of a massage establishment permit shall not be effective until a final decision has been rendered by the City Manager. D. The City Manager or his or her designee shall hear and decide all appeals de novo. The City Clerk shall provide at least 10 calendar days prior written notice of the date, time, and place of the hearing. E. After the hearing on the appeal, the City Manager may refer the matter back to the Planning Director for a new investigation and decision, may affirm or modify the decision of the Planning Director, or may overturn the decision of the Planning Director. Upon the revocation of a Massage Establishment Permit, the massage establishment shall immediately cease operation, and, if so ordered by the City Manager, no other massage establishment shall be permitted to operate at that location by any person for a period of not less than 1 year ("the moratorium period"). F. The decision of the City Manager shall be rendered within 30 days from the close of the hearing, and shall be mailed to the last known address of the 11 P316 owner of the massage establishment. If the owner of the massage establishment is not also the legal owner of the real property on which the massage establishment is situated, notice of such denial, suspension or revocation and, if applicable, the 1 year moratorium period, shall be provided to the owner of record of the property as shown on the latest county assessment roll. G. The decision of the City Manager shall be final and shall be subject to judicial review according to the provisions and time limits set forth in section 1094.6 of the California Code of Civil Procedure. H. Notwithstanding any other provision of this chapter, where a notice of revocation or suspension has been issued by the Planning Director to the owner of a massage establishment, the Planning Director shall not issue a Massage Establishment Permit for a new massage establishment at the same location unless and until such notice of revocation or suspension is dismissed by the Planning Director; or a final determination is made that the current Massage Establishment Permit is not or should not be suspended or revoked; or any suspension or moratorium period imposed pursuant to this section has expired. 5.18.130 Operational and Maintenance Standards A. No massage establishment shall be established within 1,000 feet of any other massage establishment. This requirement shall not apply to ancillary massage establishments or existing massage establishments. B. No massage establishment shall be kept open for business between the hours of Nine p.m. (9:00 p.m.) of one day and Nine a.m. (9:00 a.m.) of the following day. A massage begun any time before Nine p.m. (9:00 p.m.) must nevertheless terminate at Nine p.m. (9:00 p.m.). The hours of operation of the massage establishment shall be displayed in a conspicuous public place in the reception and waiting area and in any front window clearly visible from outside of the massage establishment. C. The owner and manager of a massage establishment shall be responsible for displaying the City Registration Certificate and the CAMTC Registration Certificate of each and every Certified Massage Practitioner employed in the business in an open and conspicuous place on the premises. Passport - size photographs of the massage establishment permit holder shall be affixed to the respective Permit on display pursuant to this section. D. The massage establishment shall be supervised, during all hours of operation, by a manager specified in the massage establishment permit application. The manager shall wear a badge with the manager's name and it should clearly state the word "manager" on the badge. The name of the 12 P317 manager on duty shall be posted in a conspicuous place within the reception area daily. E. The owner and manager shall maintain a register of all employees or rent -space massage therapists. The employee register shall be maintained on the premises for a minimum period of 2 years following an employee's termination. The owner and manager shall make the employee register immediately available for inspection upon demand by a representative of the Police Department or the City at all reasonable times. The employee register shall include, but not be limited to the following information: 1. The name, nicknames and/or aliases used by an employee or rent - space massage therapist; 2. A high quality color photocopy of a lawfully issued CAMTC certificate for each employee and rent -space therapist that provides massage services; 3. The home address and relevant phone numbers (including but not limited to home and cellular numbers) of each employee and rent - space therapist; 4. The age, date of birth, gender, height, weight, color of hair and eyes of each employee and rent -space therapist; 5. The date of employment and termination, if applicable, or, in the case of a rent -space therapist, the start and end dates of the lease agreement, as well as a copy of the employment agreement for each employee; 6. The duties of each employee. F. For each massage service provided, every massage establishment shall keep a complete and legible written record of the following information: 1. The date and hour that service was provided; 2. The service received; 3. The name or initials of the employee entering the information; 4. The name of the employee administering the service. G. The records required under this section shall be open to inspection and copying by the Police Department, or other City officials charged with enforcement of this chapter. These records may not be used by any massage establishment owner or employee for any purpose other than as records of service provided and may not be provided to other parties by any 13 P318 person unless otherwise required by law. The records shall be retained on the premises of the massage establishment for a period of 2 years. F. All massage establishment owners and their employees shall wear clean outer garments. The garments shall not include any of the following: 1. Attire that is transparent or see-through, or substantially exposes the employee's undergarments; 2. Swim attire, if not providing a water-based massage modality accepted by CAMTC; 3. Attire that exposes the employee's genitals, pubic areas, buttocks, or breasts; 4. Attire worn in a manner that constitutes a violation of California Penal Code section 314; 5. Attire worn in a manner that is otherwise deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the massage profession in the state. G. At all times during the massage services, the client's genitals shall be fully covered and contact shall not be made with the genitals. H. The premises' exterior doors and the doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours (including electronic locking devices) or when clients are present. External doors may only be locked during business hours if the massage establishment is a business entity owned by one individual with one or no employees or independent contractors who are not employees of the business and there is no staff available to assure security for clients and staff behind closed doors. I. Clients and visitors shall be permitted in the massage establishment only during the hours of operation. J. Clients shall be permitted in massage rooms only if at least one CAMTC certified massage professional is present on the premises of the massage establishment. K. No visitors shall be permitted in massage rooms except the parents or guardian of a minor child who is a client; a minor child when necessary for the client's supervision of the child; or the conservator, aide, or other caretaker of a client. 14 P319 L. No visitors shall be permitted in break rooms, dressing rooms, showers, or any other room or part of the massage establishment premises other than the reception and waiting area or the toilets. M. Except for a client who is inside a massage therapy room for the purpose of receiving a massage, no clients or visitors shall be permitted in or on the massage establishment premises at any time who are less than fully clothed in outer garments of nontransparent material, or who display or expose themselves in underclothing or similar intimate apparel. N. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises, or provided to clients before services are rendered. The services shall be described in English and may also be described in such other languages as may be convenient. No massage establishment shall permit, and no person employed or retained by the massage establishment shall offer to perform, any services or request or demand fees other than those posted. 0. All payments for massage therapy services, including gratuities or tips, shall be made only in the designated reception and waiting area and not in the massage therapy room. Any gratuities or tips that are solicited from the client in violation of this provision shall be presumed to be for the purpose of committing a sexually related act and may be grounds for the suspension or revocation of the owner's Massage Establishment Permit. P. No condoms, or written material or merchandise of a sexually explicit nature, shall be furnished, used, stored or kept on the premises of a massage establishment. Q. The use or possession of adult-oriented merchandise in or on any part of a massage establishment is expressly prohibited. R. No electrical, mechanical or artificial device shall be used by the massage establishment for audio and/or video recording or for monitoring the performance of a massage, or the conversation or other sounds in the massage therapy room or cubicle, without the knowledge or written consent of the client. S. The massage establishment shall fully maintain current and valid Workers' Compensation insurance as required by law at all times. Proof of insurance shall be maintained on the premises at all times. T. No alcoholic beverages shall be sold, served, furnished, kept, consumed, or possessed on the premises of any massage establishment. U. Controlled substances must not be consumed in a massage establishment unless the person has a prescription for the substance. 15 P320 V. No owner, operator, or any person employed or retained by the massage establishment shall permit, and no rent -space therapist shall offer or perform, any service other than those permitted under this chapter. W. A massage establishment shall not be used for residential or sleeping purposes unless the massage establishment is properly zoned and has all necessary use permits, and the massage establishment is owned by one individual with one or fewer employees or independent contractors. X. Massage establishment personnel or any massage therapist shall not inquire as to whether any client is a peace officer. 5.18.140 Facilities Requirements A. No massage services shall be given in any room or space enclosed or divided by walls and fitted with a door capable of being locked from the inside. This section shall not apply to the massage establishment's external doors and shall not operate to prohibit a massage establishment from locking its external doors if the massage establishment is owned by one individual with one or no employees or independent contractors. B. A list of services available and the cost of the services shall be posted in an open and conspicuous public place on the premises. The services shall be described in English and any other languages that the massage establishment chooses. Only services on the posted list shall be performed. C. Minimum lighting consisting of at least one artificial light of not less than forty watts shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present. D. Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate, approved receptacles. E. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities, shall be in good repair and maintained in a clean and sanitary condition. F. Adequate bathing, dressing, locker and toilet facilities shall be provided for clients. A minimum of one tub or shower; one dressing room containing a separate locker for each client to be served, which locker shall be capable of being locked; as well as a minimum of one toilet and washbasin, shall be provided in every massage establishment; provided, however, that if male 16 P321 and female clients are to be served simultaneously at the massage establishment, separate bathing, massage room(s), dressing room(s), and toilet facilities shall be provided for male and female Clients. This requirement may be modified upon approval of the Planning Director if the services provided or site plan do not necessitate some or all of these facilities. G. A minimum of one wash basin for Employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing massage services. Sanitary towels shall also be provided at each basin. Hot and cold running water shall be provided at all times. H. In the reception area, in letters that are a minimum of one inch in height, a notice in English (and any other language that the massage establishment chooses) that provides substantially as follows: THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY CITY AND HEALTH OFFICIALS WITHOUT PRIOR NOTICE. I. No room or space enclosed or divided by walls and fitted with a door where massage services are performed shall be equipped with any electronic, mechanical, or artificial device used or capable of being used, for the recording or videotaping of visual images and/or sound. J. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed or required. K. Table showers, water tables, sitz massage tables, vichy showers and similar devices are prohibited. L. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. The tables shall be sanitized after each use. M. A massage establishment shall operate only under the name specified in its Massage Establishment Permit. N. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. 17 P322 5.18.150 Additional Permittee Responsibilities A. It shall be the responsibility of the massage establishment permittee who employs or allows any person acting or purporting to act as a massage therapist, or the employer of any person acting or purporting to act as a massage therapist, to ensure that such person complies with the requirements of this chapter and all laws. B. The massage establishment permittee shall be held responsible for the conduct of all persons on the premises who engage in providing the service of massage therapy. Any act or omission of any person giving massage therapy, or any service of massage therapy, shall be deemed the act or omission of the holder of the massage establishment permit for the purposes of determining whether the permit may be revoked, suspended, or denied. Proof of knowledge of any violation of this section shall not be required for purposes of suspension, revocation, or denial of a Massage Establishment Permit. 5.18.160 Cease of Business If at any time during the duration of a permit issued under this chapter a permittee ceases to do business as a massage establishment, the permittee shall: A. Return any permit issued under this Chapter to the Planning Director within 5 business days; B. Notify the Business License Department. 5.18.170 Inspection A. The City, including the Police Department shall, from time to time and during any hour in which a massage establishment is open for business, make an administrative inspection of each massage establishment for the purpose of determining compliance with this chapter. 5.18.180 Violations A. It is the duty of the Planning Director, Community Improvement Officer, Police Chief or designees to enforce the rules and regulations in accordance with this Chapter. B. Pursuant to the City's prosecutorial discretion, the City may enforce violations of the provisions of this chapter as criminal, civil and/or administrative actions. C. Any person who violates the provisions of this chapter may be subject to administrative fines in an amount not to exceed one thousand dollars ($1,000), or such other amount as may be permitted under section 36901 18 P323 of the California Government Code. In addition to the recovery of administrative fines, the City may recover its costs and expenses incurred in enforcing a violation of this chapter. An order to pay administrative fines and costs may be appealed pursuant to section 1.12.210. D. If a person falsely states or advertises or puts out any sign or card or other device, or falsely represents to the public through any print or electronic media, that he or she or any other individual is licensed, certified, or registered by a governmental agency as a massage therapist or massage practitioner, that person shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, to be assessed and collected in a civil action brought by the City Attorney, District Attorney, or Attorney General. E. Notwithstanding any other provision of this chapter, a Massage Establishment Permit may not be issued, renewed or amended unless and until due and unpaid citations are paid in full. 5.18.190 Nuisance A. Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance. B. The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause for injunctive relief. C. Any person subject to this chapter who personally, or through an agent, employee, independent contractor or other representative, violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued or permitted by such person. All remedies provided herein shall be cumulative and not exclusive." SECTION 3. Section 17.30.030 is hereby amended to reflect the information contained in the following table: 19 V = O 2 u- P324 TABLE 17.30.030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Use/Zoning District J J 2 Retail, Service and Office Uses 2 _ 2 O U z V C7 U a) Massage Establishment(12) Massage Establishment, NNNNNNP PPPPP PP PPNNNNNN Ancillary(12) (12) Massage Establishment Permit required. See additional regulations for massage establishments in Chapter 5.18. NNNNNNPPPPPPPPNNNNNNNN SECTION 4. The purpose of this Section is to provide for the discontinuance of every massage establishment rendered legally nonconforming by this Ordinance because it is not located within a commercial zone while providing property owners sufficient time to amortize any property investments in order to avoid the potential taking of property. a. For purposes of this Section, the term "Nonconforming massage establishment" means a massage establishment rendered legally nonconforming by this Ordinance because it is not located within a commercial zone. b. All nonconforming massage establishments shall be discontinued on the later occurrence of either: (1) the anniversary of the effective date of this Ordinance; or (2) the expiration of the term of a lease on the property entered into for the subject property prior to the effective date of this Ordinance. c. Notwithstanding the preceding paragraph, the owner of a nonconforming massage establishment or the owner of the property on which it is located may request an extension of the time before which the nonconforming massage establishment must be discontinued in order to amortize the property owner's investment and to avoid a potential taking of property. Such requests shall be subject to the following requirements: The request for an extension must be made in writing and within 9 months of the effective date of this Ordinance and must include the following information in addition to any other relevant information required by the City: (1) the length of the requested extension of the amortization period; and (2) evidence in support of the claim that the requested extended amortization period is necessary. ii. The Planning Director or his or her designee shall be the review authority and shall conduct a public hearing on the request. Notice and conduct of the public hearing shall comply with Section 17.14.050 of the Municipal Code. In reviewing a request, the Planning Director shall consider the following: 20 P325 1. Length of the abatement period in relation to the owner's investment in the use; 2. Length of time the use was operating prior to the date of nonconformity; 3. Suitability of the structure for an alternative use; 4. Harm to the public if the use remains beyond the abatement period; and 5. Cost and feasibility of relocating the use to another site. iii. The person making the request shall bear the burden of proof. iv. The Planning Director, shall approve, conditionally approve, or deny the request for an extension in writing, citing findings of fact; evidence or lack thereof of economic hardship; the impact of the nonconforming massage establishment impact on the community; and other factors that may affect the length of the abatement period required to avoid an unconstitutional taking. The Planning Director shall send a copy of written decision to person who made the request within ten (10) days following the date of the Director's action. v. Any interested person may appeal the Planning Director's decision to the City Manager or his or her designee. All appeals must be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals must be filed within twenty (20) days following the date of the Planning Director's action. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within a reasonable time frame from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 17.14.050 of the Municipal Code. Each appeal shall be considered a de novo hearing. The City Manager or his or her designee may act to confirm, modify, or reverse the action of the Planning Director, in whole or in part, or add or amend such conditions as deemed necessary. The action of the City Manager shall be final on the date of decision. The City shall send a copy of written decision to the person who filed the appeal within ten (10) days following the date of the City Manager's action. SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective. 21 2016. SECTION 6. CEQA. This Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15305, minor alterations in land use, and section 15061(b)(3) which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. The City already requires permits for massage establishments regulated by this Ordinance. Therefore, there is no possibility that this Ordinance may have a significant effect on the environment. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED this day of Dennis Michael Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2016, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2016, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk 22 P326 Municipal Code Amendment Regulating New and Existing Massage Establishments DRC2016-00616 September 21, 2016 CITY OF RANCHO CUCAMONGA Background • 2008 — State law preempted local land use controls for massage establishments • Result -proliferation of massage establishments • Prior to 2008 — 7 establishments • End of 2014-42 establishments CITY OF RANCHO CUCAMONGA • • • 1 s Massage Establishments Map • Massage Establishments Prior To SB731 CITY OF RANCHO CUCAMONGA 9 • • • 5 Massage Establishments Map • Massage Establishments Prior To SB731 • Massage Establishments Since SB731 (2012) PiTimba, ,P14 CITY OF RANCHO CUCAMONGA Background • 2014 — State law revised to reestablish some local land use control • Interim Ordinance to require a Conditional Use Permit • Massage task force to inspect establishments • 43% decrease in the number of massage establishments CITY OF RANCHO CUCAMONGA 4,110* - _--I Li r..J Active Massage Establishments - Sept 2016 .1 ass Hillside Rd D CREEK Hillside Rd ALTA LOMA d Chaffey College Banyan St Lemon Ave •■ 4 itist 1C111 19th Si j b t Base Line Rd Zr. ibrAt 41, ■ 1 _ 1'01 r I■ 4• �fi ,othill Blv{! °ahTi11'1 1 E dth $t Jahn Gahn'n. FnrL Arrow Rtey Banyan St dip Cemr1:1 Pork Sit Base Line Rd titt Fzthill Blvd 5a Tri Rancha Cuc:onga Arrow R!e <ir Sth St its 5 TERRA VISTA CAR17J um Crxak aWel DAT CREEK Banyan St 210 b m xANs[ri6 ETTNANDA U IA Base Line Rd DowNiaMN Victoria Gardens FootEiiH Blvd , FoothilI. Blvd -/ :M'S REDGE d 1 C�' WIIuxTAke ++--- E11WANDA 51 MOkN!NCS1aNE Baseline A: WEST END U i. SO- St � EAthSL L.--.._.ris✓iii..—__EiSbS:_..�11;SL__--- ■ Evi�rriII Jove Auto Club Speedway San Bernardino Ave CITY OF RANCHO CUCAMONGA Proposed Changes • Establish a Massage Business Permit • Replace the interim CUP process • Permit does not run with the land • Operational and ownership permit • Requires annual renewal • All new business must apply for a permit prior to operating • Existing businesses will have 9 months to obtain a permit and comply with the operational requirements • Staff will provide education and guidance CITY OF RANCHO CUCAMONGA Proposed Changes • Operational requirements • Certified massage therapists • Manager on site during business hours • Hours of operation 9:00 am — 9:00 pm • Basic health and safety requirements • Process for suspension or revocation of permit • If a permit is revoked, no new permit in that location for 1 year • Decision can be appealed to City manager Proposed Changes • Create two new land uses • Massage establishment • Prohibited from industrial zones • Permitted within commercial zones • Ancillary massage establishment • Limited to 10% of the gross floor area of business • Designed for other practitioners who want to offer massage as an "add on" service • Permitted in commercial and limited industrial zones CITY OF RANCHO CUCAMONGA Parcels Zoned As MU, OP, NC, GC, CC, SC, RRC, CO, IP, And GI 32' • N. Mr. 1 mluai ilLg Ir 1 IMP _trig • 1-71 11i1.11111"■ elk JIM Mil AG ism 111 W+E Hap car. on...vex',?.,. CITY OF RANCHO CUCAMONGA Proposed Changes • Six existing massage establishments located within the industrial zones will be impacted. • Amortization plan to allow them to continue to operate • 1 year or end of lease, whichever is longer • Additional time can be requested under certain conditions • Staff will work with each of the businesses affected • Guidance and understanding of the plan • Assist them in finding an appropriate commercial location CITY OF RANCHO CUCAMONGA L_a l l Active Massage Establishments — Sept 2016 J--------------,..—..—..--------- : ^„----„------ "1 ■ 1 wicre¢kl3wd 1 DEER ❑REEF; • i-hI side Rd yC Hillside Rd ■ . _TA LOMA I • 1 r w } , Chaffey i 2 College --1 I DAT LREEK s 1 ■ Banyan St Q Banyan St L .-� ,■ Banyan St *� *\ 2 a' e Leman Ave 4 tAAYN cI.V:�.1L:; �rr A iti -'.....,...rub, 210 llikinr �1¢ /`+ s I -■� 14th St i0 I 19th Sl 4 ¢ �! ,e 1 ,. m Rhf�9CHL� t` E N WAMC: MOPN!NG31 ONE Base Line Rd r, baseline & V# IR ani 4 tj Jra iJ *.' ' blES/ END a victoria •t IIl u Gardens 4 Faothitk shad 1 us'( ."J,ER'S RIDGE •- }y 1 'o }+€ * Centro? Fork ri * Base Line Rd Zr. iihr2b -,,;} Base Line Rd W I 1•..„ TERRA VISFR ♦ ' *4 ADE y �othi11 Blvd • fbariill�# * illi b Hwy 411114.111%a E 4th Sl lain • GQhn'n nnrr N Vineyard Ave Foothill Blvd ' 66 Rancho 4 Cuc:, orlga rr4W Rle Its LaanMart Held 40 Foothill Blvd • 6Hi St •i 6th it Etiwanda Ave ■ E 4th St 1`------.Aklafa.. - 7 Merrill Ave u • Aiuto Club Speedway San Bernardino Ave CITY OF RANCHO CUCAMONGA Proposed Changes • Code Cleanup • Remove redundant and outdated code references to massage establishments • 17.102.080 — Special Use Regulations for Massage • 9.24 — Massage Services CITY OF RANCHO CUCAMONGA Next Steps • Fees • Hourly fee will be charged initially until we establish a flat fee. • Work with existing businesses to comply with new permitting regulations • Work with the City Attorney's on existing CUP's • Review all special planning areas to determine if massage uses need to be updated in those areas CITY OF RANCHO CUCAMONGA Recommendation Staff recommends approval of changes to Titles 5, 17 and 9 to amend regulations for new and existing massage establishments CITY OF RANCHO CUCAMONGA STAFF REPORT PLANNING DEPARTMENTr Date: September 21, 2016 To: Mayor and Members of the City Council John Gillison, City Manager From: Candyce Burnett, City Planne, P327 RANCHO CUCAMONGA By: Tom Grahn, Associate Planner Subject: DEVELOPMENT AGREEMENT AMENDMENT DRC2016-00667 — 7418 ARCHIBALD, LLC - An amendment to Development Agreement DRC2014-00610 between the City of Rancho Cucamonga and 7418 Archibald, LLC, to allow for a reduction in the percentage of tax credit financing and to modify unit affordability for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay Zoning District (SHOZD), which includes the development of a 24,641 square foot, 60 -unit, senior apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road; APN: 020803158. The City Council adopted a Negative Declaration of environmental impacts for this project on June 3, 2015. The California Environmental Quality Act provides that no further environmental review of Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. RECOMMENDATION The Planning Commission recommends the City Council adopt the attached Ordinance approving Development Agreement Amendment DRC2016-00667. BACKGROUND The Planning Commission concluded its public hearing on August 24, 2016 and recommended adoption of Development Agreement Amendment DRC2016-00667. No comments were raised by the Planning Commission and no comments were received from the public. ANALYSIS Please refer to the attached Planning Commission Staff Report of August 24, 2016, regarding analysis of the proposed amendment. ENVIRONMENTAL ASSESSMENT Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on June 3, 2015, in connection with the City's approval of Development Agreement DRC2014-00610. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project. No substantial changes are proposed to the project that indicate new or more severe impacts on the environment; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; no new important information shows the project will have new or more severe impacts than previously considered; and no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. On June 3, 2015, the City adopted a Mitigated Negative Declaration regarding the proposed development of a 24,641 square foot, 60 -unit, P328 CITY COUNCIL STAFF REPORT DRC2016-00667 — 7418 ARCH I BALD LLC September 21, 2016 Page 2 senior apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road. Accordingly, there have been no substantial changes to the project or the circumstances surrounding the project which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less -than -significant. CORRESPONDENCE This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper in a large 1/8th page legal ad and the property was posted. CB:TG/Is Attachments: Exhibit A - Planning Commission Staff Report dated August 24, 2016 Ordinance adopting Development Agreement Amendment DRC2016-00667 STAFF REPORT PIANN]NG DEPARTMENT Date: August 24, 2016 To: Chairman and Members of the Planning Commission RANCHO From: Candyce Burnett, Planning Director CUCAMONGA By: Tom Grahn, Associate Planner Subject: DEVELOPMENT AGREEMENT AMENDMENT DRC2016-00667 — 7418 ARCHIBALD, LLC - An amendment to Development Agreement DRC2014-00610 between the City of Rancho Cucamonga and 7418 Archibald, LLC, for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay Zoning District (SHOZD), including deviating from certain development standards, for the development of a 24,641 square foot, 60 -unit, senior apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road; APN: 0208-031-58 and 0208-031-59. The City Council adopted a Negative Declaration of environmental impacts for this project on June 3, 2015. The California Environmental Quality Act provides that no further environmental review of Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. P329 RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution recommending the City Council approve Development Agreement Amendment DRC2016-00667. BACKGROUND: On May 13, 2015, the Planning Commission recommended the City Council adopt Development Agreement DRC2014-00610, General Plan Amendment DRC2014-00546, and Zoning Map Amendment DRC2014-00547, and approved Design Review DRC2014-00545, Minor Exception DRC2014-00713, and Tree Removal Permit DRC2015-00275 contingent upon the City Council approval of the General Plan Amendment, Zoning Map Amendment, and Development Agreement applications. On June 3, 2015, the City Council approved General Plan Amendment DRC2014-00546, Zoning Map Amendment DRC2014-00547, and Development Agreement DRC2014-00610. On June 17, 2015, the City Council heard the second reading of the Ordinances approving Zoning Map Amendment DRC2014- 00547 and Development Agreement DRC2014-00610. Approval of Development Agreement DRC2014-00610 provided for the development of a senior housing project in accordance with the Senior Housing Overlay Zoning District (SHOZD), including deviating from certain development standards for the proposed development of a 24,641 square foot, 60 -unit, senior apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road. Related applications include: General Plan Amendment DRC2014-00546 amending the General Plan land use designation from Low (L) Residential to High (H) Residential; Zoning Map Amendment DRC2014-00547 amending the Zoning Map from the Low (L) Residential District to the High (H) Residential District and to establish a SHOZD; Design Review DRC2014-00545 requesting to develop a 24,641 square foot, 60 -unit, three-story senior apartment complex on 2.25 acres of land in the High (H) Residential District (24-30 dwelling units per acre); Minor Exception DRC2014-00713 requesting to increase the height of a combination retaining and garden wall height from 6 feet to 8 feet along the west and south property line; and Tree Removal Permit DRC2015-00275 requesting the removal of 3 heritage trees. ANALYSIS: Following the June 17, 2015, City Council action, the applicant submitted to the California Tax Credit Allocation Committee (TCAC) to obtain low income tax credit financing for this affordable senior ATTACHMENT A PLANNING COMMISSION STAFF REPORT DRC2016-00667 — 7418 ARCHIBALD LLC August 24, 2016 Page 2 P330 housing project. On February 17, 2016 the Successor Housing Agency approved an amendment to the Acquisition, Disposition, Development, and Loan Agreement (ADDLA) between the City and the Developer for this project to allow for the use of 4% low income housing tax credit financing, along with other financing resources, should the Developer be unsuccessful in securing a 9% low income housing tax credit from the TCAC. The use of 4% low income tax credits for the project required a modification to the unit affordability due to a reduction in the amount of revenues to construct and manage the project. This income affordability modification was included in the amendment to the ADDLA. The Developer was unsuccessful in receiving a 9% low income tax credit approval in March 2016 and notified the City of its intent to pursue the 4% low income housing tax credit financing. The purpose of this Amendment is to modify the affordability requirements included in the Development Agreement for the project as a result of the change in tax credit financing. The proposed Development Agreement Amendment only amends the terms of the agreement, not the development of the related senior apartment complex. Environmental Assessment: Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on June 3, 2015, in connection with the City's approval of Development Agreement DRC2014-00610. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project. No substantial changes are proposed to the project that indicate new or more severe impacts on the environment; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; no new important information shows the project will have new or more severe impacts than previously considered; and no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. On June 3, 2015, the City adopted a Mitigated Negative Declaration regarding the proposed development of a 24,641 square foot, 60 -unit, senior apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road. Accordingly, there have been no substantial changes to the project or the circumstances surrounding the project which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less -than -significant. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper in a large, and the property was posted. Respectfully submitted, "bAJvut-t- Candyce Burnett Planning Director CB:TG/Is Attachments: Exhibit A - Development Agreement DRC2014-00610 Senior Citizens' Housing by and Between the City of Rancho Cucamonga and 7418 Archibald LLC (CO 15-122) Resolution of Approval for Development Agreement Amendment DRC2016-00667, with Attachment A - First Amendment to Development Agreement DRC2014-00610 Senior Citizens' Housing by and between the City of Rancho Cucamonga and 7418 Archibald LLC (CO 15-122) �(em G•cconn RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA and WHEN RECORDED MAIL TO: City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA, 91729 Recorded in Official Records. Count; of San Bernardino SAN W-iNAROi til BOB DUTTON ASSESSOR — RECORDER — CLERK P Counter Doc# 2016— 0292138 it 11 981 r2�g M �PM SG SAN Titles: 1 Pages: 23 Fees 0.0a Taxes 0.00 Other 0.00 PAID sa.00 DEVELOPMENT AGREEMENT DRC 2014-00610 SENIOR CITIZENS' HOUSING BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD LLC (CO 15-122) Title of Document PG ��ay/G EXHIBIT A DEVELOPMENT AGREEMENT DRC2014-00610 SENIOR CITIZENS' HOUSING THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of the Effective Date by and between 7418 ARCHIBALD LLC, a California limited liability company ("Developer"), and the CITY OF RANCHO CUCAMONGA, a municipal corporation organized and existing under the laws of the State of California ("City"). RECITALS A. California Government Code Sections 65864 et sesc. authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. B. California Government Code Section 65915 provides that a city may, by agreement with a developer, grant a density bonus over that allowed by the maximum density established in the development code and land use element of the general plan when a developer agrees to construct housing for low income households. C. Developer has requested City to consider the approval of a development agreement, with a density bonus, pertaining to that real property located entirely within City, the common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated herein by this reference and hereinafter is referred to as the Site." D. The Developer proposes to construct a senior housing residential project, including low income units, within the City. Said project contemplated by Developer will require an increase in the maximum density as currently provided in the Senior Housing Overlay District. E. It is the desire of City to encourage developments designed to provide affordable rental units for senior residents of the City. In furtherance of that desire, the City is hereby willing to grant a density bonus to Developer as provided by the terms of this Agreement. F. On ,\uy1e, 17 , 2015, City adopted its Ordinance No.g7 approving this Development Agreement with Developer and said action was effective on ?vly 7 7 , 2015. 1 1076 55 16391 12.5 P333 AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: a. "40% Income Qualified Tenants" shall mean Qualified Tenants whose annual income does not exceed forty percent (40%) of the Area Median Income. b. "Affordable Rents" shall mean the total charges for rent, utilities, and related services to an Extremely Low Income Qualified Tenant shall not exceed one -twelfth of thirty percent (30%) of Extremely Low Income, adjusted for household size; to a 40% Income Qualified Tenant shall not exceed one -twelfth of thirty percent (30%) of 40% of Area Median, adjusted for household size; and to a Very Low Income Qualified Tenant shall not exceed one -twelfth of thirty percent (30%) of Very Low Income, adjusted for household size. Initial rents for each unit shall be set by the Developer at the time of initial occupancy of the Development. Rents may be adjusted annually by the same percentage that income has increased, if any, for an Extremely Low Income Qualified Tenant, a 40% Income Qualified Tenant and a Very Low Income Qualified Tenant, based on changes in the Area Median Income. Rents may be set at the California Tax Credit Allocation Committee allowable rents for a specific year for the comparable income categories of Qualified Tenants as specified in this Agreement. Tenants occupying units restricted by this Agreement shall be given at least thirty (30) days written notice prior to any rent increase. Examples of these affordable rent calculations are attached on Exhibit C. c. "Area Median Income" shall mean the median income for households in San Bernardino County, California, as published from time to time by the United States Department of Housing and Urban Development ("HUD") in a planner consistent with the determination of median gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined in Title 25, California Code of Regulations, Section 6932. In the event that such income determinations are no longer published by HUD, or are not updated for a period of at least 18 months, the City shall use the income determinations used by the California Tax Credit Allocation Committee or alternatively the Owner shall establish income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD. d. "City" is the City of Rancho Cucamonga, California. e. "Effective Date" shall mean the 315` calendar day following adoption of the ordinance approving this Agreement by City's City Council. f. "Extremely Low Income Qualified Tenants" shall mean Qualified Tenants whose annual income does not exceed the qualifying limits as specified in California Health and Safety Code Section 50106, as amended. g. "Lower Income Qualified Tenants" shall mean Qualified Tenants whose annual income does not exceed the qualifying limits as specified in California Health and Safety Code Section 50079.5, as amended. 1076 55 1639142.5 h. "Project" is the development approved by City comprised of sixty (60) apartment units, recreational and common area facilities, sixty (60) parking spaces and other amenities on the Site, all as set forth more fully in the site plan for Environmental Assessment and Design Review DRC2014-00545 submitted by De\ eloper and approved by City, a copy of which is attached hereto, marked as Exhibit "B" and is incorporated herein by this reference. The Project is subject to the conditions of approval which are not changed, altered or modified by this Development Agreement unless specifically set forth herein. i. "Qualified Project Period" means the time period beginning with the date the certificate of occupancy is issued for the Project and continuing for fifty-five (55) years thereafter. �. "Qualified Tenants" shall mean households consisting of a person who is 55 years of age or older and any qualified permanent residents under the applicable provisions of California Civil Code Section 51.3 and the federal Fair !lousing, Act (except to the extent the Project utilizes federal funds whose programs have differing definitions for senior projects in which case those definitions will apply). k. "Very Low Income Qualified Tenants" shall mean Qualified Tenants whose annual income does not exceed the qualifying limits as specified in California l lealth and Safety Code Section 50105, as amended. 2. Recitals. The recitals are part of the agreement between the parties and shall be enforced and enforceable as any other provision of this Agreement. 3. Interest of Property Owner. Developer warrants and represents that it has entered into an escrow or other agreement by which it is to acquire full legal title to the real property of the Site and that it has full legal right to enter into this Agreement. 4. Binding Effect of Agreement. The Developer hereby subjects the development and the land described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this Agreement. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Developer's successors and assigns in title or interest to the Development. Each and every contract, decd or other instrument hereinafter executed, covering or conveying the development or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. 5. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever. 6. Term of Agreement. The term of the Agreement shall commence on the Effective Date and shall expire fifty-five (55) years after the commencement of the Qualified Project Period, so long as Developer remains in material compliance with this Agreement, as from time to time amended. This Agreement shall be deemed to be terminated automatically if Developer does not 3 107655 1639142.5 P334 obtain a Certificate of Occupancy for the entirety of the Project within five (5) years after the Effective Date, except to the extent this time frame is extended by the City Manager, or designee, in writing in his or her reasonable discretion. 7. Restrictions on Rental Units. During the term of this Agreement, all tenants, occupants and residents shall be Qualified Tenants. However, it is expressly understood by the parties hereto that the Project has been specifically designed to meet the unique needs of senior tenants. The apartment units in the Project shall not be rented, occupied, leased or subleased to occupants who are not Qualified Tenants. 8. Rental Requirements. During the Qualified Project Period, at least six (6) of the units in the Project shall be rented, leased or held available for Extremely Low Income Qualified Tenants at affordable rents; at least twelve (12) of the units in the Project shall be rented, leased or held available for 40% Income Qualified Tenants at affordable rents; and at least eleven (1 1) of the units in Project shall be rented, leased or held available for Very Low Income Qualified Tenants at affordable rents. All other units in the Project shall be rented, leased or held available for Lower Income Qualified Tenants. 9. No Conversion. During the term hereof, all apartment units in the Project shall remain rental units. During the term hereof, no apartment unit in the Project shall be eligible for conversion from rental units to condominiums, townhomes or any other common interest subdivision without consent of the City Council. 10. On-site Manner. A full-time manner shall be provided on the Project site. 11. Submission of Materials and Annual Review,. Prior to occupancy, Developer shall submit to City tenant selection procedures which shall detail the methods which Developer shall use to advertise the availability of apartments in the Project and screening mechanisms which Developer intends to use to limit the occupancy of the apartments to Qualified Tenants, including the income restrictions on some of the units as set forth in this Agreement. On or before March 15 of each year following the commencement of the Qualified Project Period, the Developer, or its representative, shall file a certificate of continuing program compliance with the City. Each such report shall contain such information as City may require including, but not limited to, the following: a. Rent schedules then in effect, including_ utility charges (if any); b. A project occupancy profile; c. A description of the physical condition and maintenance procedures for the Project, including apartment units, Landscaping, walkways and recreational areas. City shall be allowed to conduct physical inspections of the Project as it shall deem necessary, provided that said inspections do not unreasonably interfere with the normal operations of the Project and reasonable notice is provided. City shall repair any damage and shall defend, indemnify and hold 4 1076 53 1639142 5 P335 Developer harmless from and against any claims, liabilities, damages, costs, expenses incurred by Developer relating in any way to City's inspections and investigations. 12. Tenant Selection. Contracts and Rules and Regulations.. On receipt of applications for income restricted units, Developer shall determine the eligibility of the occupancy under the terms of this Agreement. Verification of tenant income eligibility shall include one or more of the following factors, or any other factors permitted by the California Tax Allocation Committee for the low income housing tax credit program: a. Obtain an income verification fonri from the Social Security Administration and/or the California Department of Social Services, if the applicant receives income from either or both agencies; b. Obtain an income tax return for the most recent tax year; c. Conduct a TRV or similar financial search; d. Obtain an income verification from all current employers; and c. lithe applicant is unemployed and has no tax return, obtain another form of independent verification. Developer shall be entitled to rely on the information contained in the application sworn to by the applicant. All agreements for rental of all apartment units in the Project shall be in writing. The form of proposed rent or lease agreement shall be reviewed and approved by City prior to the commencement of the Qualified Project Period. Such agreement shall include all riles and regulations governing tenancy within the Project. 13. Termination and Eviction of Tenants. A tenancy may be terminated without the termination being deemed an eviction under the following circumstances: a. The death of the sole tenant of the unit; b. By the tenant at the expiration of the term of occupancy or otherwise upon thirty (30) days' written notice; c. By abandonment of the premises by the tenant; or d. By failure of a tenant to execute or renew a lease. Any termination of a tenancy other than those listed above in this paragraph 13 shall constitute an eviction. Developer shall only evict in compliance with the provisions of California law and then only for material noncompliance with the terms of the rental agreement. 14. Hazard Insurance. Developer shall keep the Project and all improvements thereon insured at all times against loss or damage endorsement and such other risks, perils or coverage as 5 1076 55 16391425 P336 Developer may determine. During the term hereof, the Project shall be insured to its full insurance replacement value. 15. Maintenance Guarantee. Developer shall comply with all City maintenance standards enacted from time to time. 16. Standards and Restriction Pertaining to Development of the Real Property. The following specific restrictions shall apply to the use of the Site during the term of this Agreement: a. Developer is required to obtain all necessary land use entitlements, approvals and permits for the Project. b. Only residential uses of the real property shall be permitted in the Project; and c. The maximum density of residential dwelling units in the Project shall never greater than 30 dwelling units per acre. 1 7. Development Incentives. The City will grant Developer the following development incentives for development of the Project: a. Increase the maximum density on the site from 24 dwelling units per acre to 26.6 dwelling units per acre; and b. Decrease the required number of on-site parking spaces to a minimum ratio of 0.7 non -covered parking spaces per unit, however, the Developer will provide a minimum ratio of 1 non -covered parking spaces per unit. 18. Proiect Design Amenities for Senior Citizens. The Project open space, buildings and individual apartments shall be designed with physical amenities catering to the needs and desires of the senior citizen residents. The following physical amenities shall be substantially included in the Project: a. Unit sizes shall be 693 square feet for 1 -bedroom residential units and 945 square feet for 2 -bedroom residential units; b. Elevator service shall be provided to all upper story apartments; c. All common access areas in the Project such as entryways, walkways, and hallways will be wide enough to accommodate wheelchairs; d. The Project will meet all applicable current requirements for access and design imposed by lav as administered by the City building and safety department, including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations that relate to access for persons with disabilities or handicaps; e. All' units shall possess secured entryways off a common enclosed hallway; and 107655 1639142.5 6 P337 f. The Project is designed to encourage social contact by providing at least one common room (the Project community room) and at least some common open space (the Project's garden meeting spaces). 19. Indemnification. Developer agrees to and shall hold City and its elected officials, officers, agents and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect operations of Developer or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the Project. Developer agrees to and shall defend City and its elected officials, officers, agents and employees with respect to actions for damages caused or alleged to have caused by reason of Developer's activities in connection with the Project. Notwithstanding the foregoing, this provision shall not apply to any such claims which arise out of, or by reason of, the sole negligence or willful misconduct of the City. 20. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code Sections 65868 et seq. 21. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: a. If a material 1.varranty, representation or statement is made or furnished by Developer to City and is false or proved to have been false in any material respect when it was made; b. A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in paragraph 22. 22. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer (or its successor) at the address of the Project, and by registered or certified mail addressed to the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is given, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued by Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement, or apply for such other relief as may be appropriate. After completion of the Project pursuant to the terms of this Agreement, any default may alternatively be enforced as any normal violation of the standards and provisions of the Rancho Cucamonga Municipal Code. 23. No Wavier of Remedies. City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce or terminate this Agreement. Nonperformance 7 1076 55 1639142.5 P338 by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 24. Riehts of Lenders Under this Aereement. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien, including, but not limited to, mortgages, shall have the right at any time during the terns of this Agreement and the existence of said encumbrance or lien to: a. Do any act or thing required of Developer under this Agreement, and any such act or thine done or performed by Lender shall be as effective as if done by Developer itself; b. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinafter referred to as "the trust deed"); c. Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and d. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. The City agrees that the terms of this Agreement are subordinate to any such financing instrument and shall execute from time to time any and all documentation reasonably requested by Developer or Lender to effect such subordination. 25. Notice to Lender. City shall give written notice of any default or breach under this Agreement by property owner to Lender and afford Lender the opportunity after service of the notice to: a. Cure the breach or default within sixty (60) days after service of said notice, where the default can be cured by the payment of money; b. Cure the breach or default within sixty (60) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or c. Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within sixty (60) days after said notice, provided that acts to cure the breach or default are 8 1076 55 16391425 P339 commenced within a sixty (60) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. 26. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. 27. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto. Developer: City: 7418 Archibald LLC c/o Orange Housing Development Corporation 414 E. Chapman Avenue Orange, California 92866 with a copy to: C & C Development Co., LLC 14211 Yorba St., Ste. 200 Tustin, CA 92780 Attn: Todd Cottle City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91730 Attn: City Manager 28. Attorneys' Fees. In any proceedings arising from the enforcement of this Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court. 29. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. 30. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. 31. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 9 107655 1639142.5 P340 32. Recordation. This Agreement shall be recorded in the Official Records of the County Recorder of the County of San Bernardino. SIGNATURES ON FOLLO[VING PAGE 10 1076 55 1639142.5 P341 IN WETNESS WHEREOF. this Agreement has been executed by the parties and shall be effective on the Effective Date set forth herein. DEVELOPER: CITY: 7418 ARCHIBALD LLC. a California CITY OF RANCHO CUCAMONGA. a limited liability company municipal corporation 13y: Orange Housing Development Corporation. a California nonprofit corporation. its member By: Eunice Bobert Chief Executive Officer Bv: C&C Development Co., LLC', a California limited liability company, member By: Todd R. Cottle, its member By: The Cottle Family Trust Dated 3/8/1987. its member By: Btyfry A. Cdttle, Trustee 1076`55d 639142. i I3y ennis Michael Mayor ATTEST: Janice C. Reynolds. City Clerk APPROVED AS 'I'O FORM: RICHARDS, WATSON & GERSHON By: -!,1;_ City Attorney 1I P342 I f, i CALIFORNIA ALL- PURPOSE CERT F! LATE IF ACKNOWLEDGMENT 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 7ho 2c'1 G2 before me, } } Melissa Miller, Notary Public (Hers •rsen name arc 1AR cl ire :deer: personally appeared L 1(.,1 A\ rv. c I 1 7 tr (. 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. 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. /////„.7_, - Notary Public Signature (Notary Public Seal) MELISSA MILLER Commission # 2141479 Z Notary Public • California San Bernardino County My Comm. Expires Feb 2, 2020 �.r-.rev-°r..r•�+ri. ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING -1111S FORM This form complies with current California statutes regarding nonan• wording and DESCRIPTION OF THE ATTACHED DOCUMENT I needed, should be completed and attached to the document Acknowledgments from other slates miry be completed for documents being sent to that state so long as the i, ordtng does not require the California notary• to violate C'alrfornta notary !tar • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms tie he/shetthey, is /are ) or circling the correct forms. Failure to correctly indicate thi; information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible Impression must not corer text or lines. If seal impression smudges, re -seal if a sufficient arca permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but r-uuld help to ensure this acknowledgment is not misused or attached to a different document •r indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary) Securely attach this document to the signed document with a staple (tile or description of attached dcatment) (Title or dascrpton cf attacl ed document contirued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) 0 Corporate Officer ❑ (Title) Partner(s) Attorney -in -Fact Trustee(s) Other �.- ---------�. �-� .__�— ___. —.F_ —=,�...ate.-.�eT- --•�c--�......;r' -„r_Se a..'•- - 1- - -- - _ - 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 Ore-Nne- On rt, 21 , 2o15- , before nye, S%cpl.c� . , Notary Public. personally appeared -I:MM.R.(ot k , fie..y A, , 6,40 “. 1306ce , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ksarc subscribed to the within instrument and acknowledged to me that he, ahe/they executed the same in 1144Alef'their authorised capacity(ies), and that by hCG their signatures) on the instntment 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. JIFF MAROS Co li33i+!i1 • 2039013 Notary Public • Cafrlornia Onance County M Comm. Expires Feb 23. 2014 1016 55 16±91425 Notary Public P344 EXHIBIT "A" SITE LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: The North 160 feet of the South 1/2 of Lot 1, Section 3, Township 1 South, Range 7 West, San Bernardino Base and Meridian according to the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per Map recorded in Book 4 Paye 9 of Maps, in the office of the County Recorder of said County. EXCEPT the East 45 feet thereof conveyed to the County of San Bernardino, a body corporate in the Deed recorded March 19, 1965, in Book 6352, Page 952, of Official Records. APN: 0208-031-58-0-000, 0208-031-59-0-000 A -I 1076 55 1639142 5 P345 EXHIBIT "C" EXAMPLE INCOME AND AFFORDABLE RENT CALCULATIONS. Examples of the maximum incomes and Affordable Rents for different income levels as restricted under this Agreement are shown on the following charts which are the maximum income levels and rents published by the California Tax Credit Allocation Committee for 2015 for projects placed in service after March 6. 2015. These charts are for illustrative purposes only and the actual maximum incomes and Affordable Rents will be based on the charts published by the California Tax Credit Allocation Committee for each year after the Project is placed in service. MAXIMUM INCOMES Revised oer NUL) T' otic::: CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE Effective: March 6, 2015 2015 Maximum Income Levels ForPtey+et:1s Placed in Service on or after 3/6/2095 One Two Three Four Five Six Seven Eight. County Person Person Person Person Person Person Person Person SAN BERNARDINO 100% Income Level 543,500 549,700 555,900 $62,100 567,100 572,100 $77,100 582,000 60% Income Level S26,100 529,820 533,540 $37,260 $40,260 $43,260 546,260 549,200 55% Income Level S23,925 527,335 530,745 $34,155 536,905 539,655 542,405 $45,100 50% Income Level 521,750 524,850 527,950 $31,050 533,550 $36,050 $38,550 541,000 45% Income Level $19,575 522,365 525,155 $27,945 530,195 $32,445 534,695 536,900 40% Income Level 517,400 $19,880 522,360 $24,840 526,840 $28,840 530,840 $32,800 35% Income Level 515.225 517,395 519,565 $21,735 523,485 $25,235 $26,985 528,700 30% Income Level 513.050 514,910 $16,770 $18,630 520,130 521,630 $23,130 524,600 C-1 1076 55 1639142.5 P346 AFFORDABLE RENTS Revised per FILO Notice CALIFORNIA TAX CREDIT ALLOCATION COh1MITfEE Effective: March 6. 21115 2016 Maxirwwm Rents for Projects Frcm Ce lings Post -1989 and Those from the tie -1990 t:eif;ni s Ttrt Elected with the Secretary o` the Treasury* to use tna Post -1969 Rent See iF:C.' eectk 42 - Sexton 13142(c) of the Omnibus Budget Fteconcit tlon Apt of 1993) For Projects Placed in Service on or after 3'6/2015 Cpunty Efficiency 1 BR 2 BR 3 BR 4 BR 5 BR SAN BERNARDINO 100% Income Level 81,086 $1,164 $1,396 $1,614 $1,802 81,988 6660% Income Level 8652 $699 $838 8969 $1,081 $1,193 55% Income Level 8598 8640 8768 8888 $991 $1,093 50% Income Level 8543 $582 $698 $807 $901 $994 45% Income Level $489 $524 8628 8726 8811 8894 40% Income Level 8435 $466 8559 $646 8721 8795 35% Income Level 5380 $407 $489 8565 $630 8696 130% Income Level 8326 $349 5419 $484 $540 $596 C-? 1076 55 16391425 P347 EXHIBIT "B" SITE PLAN [attached] B-1 1076 55 16391435 P348 .3,1c017i,C 3 3 1 �yO3....%I1e0"3A3C 3\IsroH 30N7ti3 11 73IJI33V2tSl i\ I I I 1 I ir- I I • ...I . *.ti I Y 110 VIVO 103foad NVId 311S J SITE CONSTRUCTION NOTES PROJECT DATA gl z. PROJECT AMORES% 2. WO ; e 1fw uu.tt.s.a.41 E3 P350 RESOLUTION NO. 16-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY OF RANCHO CUCAMONGA TO APPROVE AN AMENDMENT TO DEVELOPMENT AGREEMENT DRC2014-00610 BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD, LLC, FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY ZONING DISTRICT (SHOZD), INCLUDING DEVIATING FROM CERTAIN DEVELOPMENT STANDARDS, FOR THE DEVELOPMENT OF A 24,641 SQUARE FOOT, 60 -UNIT SENIOR APARTMENT COMPLEX ON 2.25 ACRES OF LAND LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 0208-031-58 AND 0208-031-59. A. Recitals. 1. The applicant, 7418 Archibald, LLC, filed an application for Development Agreement Amendment DRC2016-00667, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement is referred to as "the application." 2. On the 13th day of May 2015, the Planning Commission adopted Resolution No. 15- 35 recommending the City Council approve Development Agreement DRC2014-00610 for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay Zoning District (SHOZD), including deviating from certain development standards, for the development of a 24,641 square foot, 60 -unit, senior apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road. 3. On the 3rd day of June 2015, the City Council approved Development Agreement DRC2014-00610. 4. On the 17th day of June 2015, the City Council adopted Ordinance No. 876 for Development Agreement DRC2014-00610. 5. Following the June 17, 2015, City Council action the applicant submitted to the California Tax Credit Allocation Committee (TCAC) to obtain low income tax credit financing for the project. On February 17, 2016 the City of Rancho Cucamonga Successor Housing Agency approved an amendment to the Acquisition, Disposition, Development, and Loan Agreement (ADDLA) between the City and the Developer for this affordable senior housing project to allow for the use of 4% low income housing tax credit financing, along with other financing resources, should the Developer be unsuccessful in securing a 9% low income housing tax credit from the TCAC. The use of 4% low income tax credits for the project required a modification to the unit affordability due to a reduction in the amount of revenues to construct and manage the project. This income affordability modification was included in the amendment to the ADDLA. The Developer was unsuccessful in receiving a 9% low income tax credit approval in March 2016 and notified the City of its intent to pursue the 4% low income housing tax credit financing. Pc 8/.2 v//(o PLANNING COMMISSION RESOLUTION NO. 16-47 DRC2016-00667 — 7418 ARCHIBALD, LLC August 24, 2016 Page 2 6. The purpose of this Amendment is to modify the affordability requirements included in the Development Agreement for the project as a result of the change in tax credit financing. 7. On the 24th day of August 2016, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 8. The subject property of the Development Agreement Amendment is legally described herein. 9. A true and correct copy of the proposed Development Agreement Amendment is attached as Attachment "A" to this Resolution. 10. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. This Commission hereby specifically finds that the Development Agreement Amendment and each and every term and provision contained therein conforms to the General Plan of the City of Rancho Cucamonga based on the following findings: a. The proposed Development Agreement Amendment is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable Specific Plans; and b. The proposed Development Agreement Amendment is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice; and c. The proposed Development Agreement Amendment will not be detrimental to the health, safety, and general welfare of the City; and d. The proposed Development Agreement Amendment will not adversely affect the orderly development of property or the preservation of property values. 3. Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on June 3, 2015, in connection with the City's approval of Development Agreement DRC2014-00610. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project. No substantial changes are proposed to the project that indicate new or more severe impacts on the environment; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; no new important information shows the project will have new or more severe impacts than previously considered; and no additional mitigation measures are now feasible to reduce impacts or different P351 PLANNING COMMISSION RESOLUTION NO. 16-47 DRC2016-00667 — 7418 ARCHIBALD, LLC August 24, 2016 Page 3 mitigation measures can be imposed to substantially reduce impacts. On June 3, 2015, the City adopted a Mitigated Negative Declaration regarding the proposed development of a 24,641 square foot, 60 -unit, senior apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road. Accordingly, there have been no substantial changes to the project or the circumstances surrounding the project which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less -than -significant. 4. This Commission hereby recommends approval of the Development Agreement Amendment attached hereto as Attachment "A" with the special condition which follows: a. The final draft of the Development Agreement Amendment shall be reviewed and accepted by the City Attorney prior to approval by City Council. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF AUGUST 2016. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Francisco Oaxaca, Chairman Candy Burnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 24th day of August 2016, by the following vote -to -wit: AYES: COMMISSIONERS: MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLETCHER ABSTAIN: COMMISSIONERS: NONE P352 RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA and WHEN RECORDED MAIL TO: City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA, 91729 Exempt from Recording Fee per Government Code 6103 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT DRC 2014-00610 SENIOR CITIZENS' HOUSING BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD LLC (CO 15-122) Title of Document / . ' i V2 - v /24 e ) ATTACHMENT A P353 P354 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT DRC 2014-00610 SENIOR CITIZEN'S HOUSING BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD LLC THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment") is made and entered into as of this day of , 2016, by and between 7418 ARCHIBALD, LLC, a California limited liability company ("Developer") and the CITY OF RANCHO CUCAMONGA, a municipal corporation organized and existing under the laws of the State of California ("CITY"). RECITALS A. On June 17, 2015 the City Council adopted Ordinance 876 approving a Development Agreement ("Development Agreement") with the Developer, recorded on July 21, 2016 with a document number of 2016-0292138, which provided for the development of 59 affordable senior housing units with one manager's unit located at 7418 Archibald Avenue which consists of two parcels of land totaling 2.25 acres in the City of Rancho Cucamonga. B. On February 17, 2016 the City of Rancho Cucamonga, as Successor Housing Agency to the Rancho Cucamonga Redevelopment Agency, approved an amendment to the Acquisition, Disposition, Development, and Loan Agreement ("ADDLA") between the City and the Developer for this affordable senior housing project to allow for the use of 4% low income housing tax credit financing, along with other financing resources, should the Developer be unsuccessful in securing a 9% low income housing tax credit from the California Tax Credit Allocation Committee ("TCAC"). The use of 4% low income tax credits for the project required a modification to the unit affordability due to a reduction in the amount of revenues to construct and manage the project. This income affordability modification was included in the amendment to the ADDLA. C. The Developer was unsuccessful in receiving a 9% low income tax credit approval in March 2016 and has notified the City of its intent to pursue the 4% low income housing tax credit financing. D. The purpose of this First Amendment is to modify the affordability requirements included in the Development Agreement for the project as a result of the change in tax credit financing. E. Capitalized terms used, but not defined, in this First Amendment shall have the meaning set forth in the Development Agreement. 1076 55 1927081.2 P355 AMENDMENT 1. Section 1.a. shall be deleted in its entirety. 2. Section 1.b. shall be deleted and replaced with: b. "Affordable Rents" shall mean the total charges for rent, utilities and related services that are no greater than that considered as "affordable rent" for low-income households, adjusted for family size appropriate to the unit, pursuant to Section 50053 of the California Health and Safety Code, as amended, or any successor statute thereto. The maximum housing cost for the Qualified Tenant for each of the income levels set forth in this Agreement must comply with the regulations promulgated by the California Department of Housing and Community Development Sections 6910-6932 in Title 25 of the California Code of Regulations, to the extent such regulations govern density bonuses and other incentives pursuant to Section 65915 of the Government Code. Initial rents for each unit shall be set by the Developer at the time of initial occupancy of the Development. Rents may be adjusted annually by the same percentage that Area Median Income has increased, if any, for an Extremely Low Income Qualified Tenant, a Very Low Income Qualified Tenant and a Lower Income Qualified Tenant. Rents may be set at the California Tax Credit Allocation Committee allowable rents for a specific year for the income categories of Qualified Tenants as specified in this Agreement. Tenants occupying units restricted by this Agreement shall be given at least thirty (30) days written notice prior to any rent increase. Examples of these affordable rent calculations are attached on Exhibit C. 3. Section 8. Rental Requirements. shall be deleted in its entirety and replaced with: Section 8. Rental Requirements. During the Qualified Project Period, at least: a. Five (5) of the units shall be rented, leased or held available for Extremely Low Income Qualified Tenants whose income does not exceed thirty percent (30%) of the Area Median Income, adjusted by family size appropriate to the unit, less a utility allowance. b. Seven (7) of the units shall be rented, leased or held available for Very Low Income Qualified Tenants whose income does not exceed fifty percent (50%) of the Area Median Income, adjusted by family size appropriate to the unit, Tess a utility allowance. c. Seventeen (17) of the units shall be rented, leased or held available for Lower Income Qualified Tenants whose income does not exceed sixty percent (60%) of the Area 1076 55 1927081.2 Median Income, adjusted by family size appropriate to the unit, less a utility allowance. d. All other units, excluding one manager's unit, in the Project shall be rented, leased or held available for Lower Income Qualified Tenants. Each unit must be occupied by a Senior Household as its primary residence, and shall not be sublet. 4. Except for the modifications expressly made herein, the Development Agreement remains unmodified and in full force and effect. 5. Pursuant to Section 65868.5 of the Government Code, the Parties shall mutually assure that a copy of this First Amendment is recorded against the Site, with the County Recorder of San Bernardino County within 10 days after the effective date of the Ordinance approving this First Amendment. SIGNATURES ON FOLLOWING PAGE 1076 55 1927081.2 P356 IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective D ate set forth herein. DEVELOPER: CITY: 7418 ARCHIBALD LLC, a California CITY OF RANCHO CUCAMONGA, a municipal limited liability company corporation By: Orange Housing Development Corporation, a California nonprofit corporation, its member By: Eunice Bobert Chief Executive Officer By: C&C Development Co., LLC, a California limited liability company, its member By: Todd R. Cottle, its member By: The Cottle Family Trust Dated 3/8/1987, its member By: Barry A. Cottle, Trustee 1076 55 1927081 2 By: L. Dennis Michael Mayor ATTEST: Janice C. Reynolds, City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: City Attorney P357 P358 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) 1076 35 1927031.2 P359 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) 1076 55 1927081.2 P360 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) 1076 55 1927081.2 P361 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) 1076 55 1927081.2 P362 ORDINANCE NO. 896 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT DRC2014-00610 BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD, LLC, TO ALLOW FOR A REDUCTION IN THE PERCENTAGE OF TAX CREDIT FINANCING AND TO MODIFY UNIT AFFORDABILITY FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY ZONING DISTRICT (SHOZD), WHICH INCLUDES THE DEVELOPMENT OF A 24,641 SQUARE FOOT, 60 -UNIT SENIOR APARTMENT COMPLEX ON 2.25 ACRES OF LAND LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 0208-031-58 AND 0208-031-59. A. Recitals. 1. The applicant, 7418 Archibald, LLC, filed an application for Development Agreement Amendment DRC2016-00667, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Development Agreement is referred to as "the application." 2. On the 13th day of May 2015, the Planning Commission adopted Resolution No. 15- 35 recommending the City Council approve Development Agreement DRC2014-00610 for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay Zoning District (SHOZD), including deviating from certain development standards, for the development of a 24,641 square foot, 60 -unit, senior apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road. 3. On the 3rd day of June 2015, the City Council approved Development Agreement DRC2014-00610. 4. On the 17th day of June 2015, the City Council adopted Ordinance No. 876 for Development Agreement DRC2014-00610. 5. Following the June 17, 2015, City Council action the applicant submitted to the California Tax Credit Allocation Committee (TCAC) to obtain low income tax credit financing for the project. On February 17, 2016 the City of Rancho Cucamonga Successor Housing Agency approved an amendment to the Acquisition, Disposition, Development, and Loan Agreement (ADDLA) between the City and the Developer for this affordable senior housing project to allow for the use of 4% low income housing tax credit financing, along with other financing resources, should the Developer be unsuccessful in securing a 9% low income housing tax credit from the TCAC. The use of 4% low income tax credits for the project required a modification to the unit affordability due to a reduction in the amount of revenues to construct and manage the project. This income affordability modification was included in the amendment to the ADDLA. The Developer was unsuccessful in receiving a 9% low income tax credit approval in March 2016 and notified the City of its intent to pursue the 4% low income housing tax credit financing. 6. The purpose of this Amendment is to modify the affordability requirements included in the Development Agreement for the project as a result of the change in tax credit financing. P363 CITY COUNCIL ORDINANCE NO. 896 DRC2016-00667 — 7418 ARCHIBALD, LLC September 21, 2016 Page 2 of 3 7. On the 24th day of August 2016, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Agreement Amendment DRC2016-00667 and, following the conclusion there of, issued Resolution No. 16-47, recommending that the City Council of the City of Rancho Cucamonga adopt said Development Agreement Amendment. 8. On the 21st day of September 2016, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Development Agreement Amendment and concluded said meeting on that date. 9. The subject property of the Development Agreement Amendment is legally described herein. 10. A true and correct copy of the proposed Development Agreement Amendment is attached as Attachment "A" to this Ordinance. 11. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above -referenced public hearing on September 21, 2016, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The proposed Development Agreement Amendment is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable Specific Plans; and b. The proposed Development Agreement Amendment is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice; and c. The proposed Development Agreement Amendment will not be detrimental to the health, safety, and general welfare of the City; and d. The proposed Development Agreement Amendment will not adversely affect the orderly development of property or the preservation of property values. SECTION 3: Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on June 3, 2015, in connection with the City's approval of Development Agreement DRC2014-00610. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project. No substantial changes are proposed to the project that indicate new or more severe impacts on the environment; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; no new important information shows the project will have new or more severe impacts than previously P364 CITY COUNCIL ORDINANCE NO. 896 DRC2016-00667 — 7418 ARCHIBALD, LLC September 21, 2016 Page 3 of 3 considered; and no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. On June 3, 2015, the City adopted a Mitigated Negative Declaration regarding the proposed development of a 24,641 square foot, 60 -unit, senior apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line Road. Accordingly, there have been no substantial changes to the project or the circumstances surrounding the project which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less -than -significant. SECTION 4: The Development Agreement is hereby amended, in words and figures, as shown in the attached Attachment "A." SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA and WHEN RECORDED MAIL TO: City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA, 91729 Exempt from Recording Fee per Government Code 6103 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT DRC 2014-00610 SENIOR CITIZENS' HOUSING BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD LLC (CO 15-122) Title of Document 9/.///6 ATTACHMENT A P365 P366 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT DRC 2014-00610 SENIOR CITIZEN'S HOUSING BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD LLC THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment") is made and entered into as of this day of , 2016, by and between 7418 ARCHIBALD, LLC, a California limited liability company ("Developer") and the CITY OF RANCHO CUCAMONGA, a municipal corporation organized and existing under the laws of the State of California ("CITY"). RECITALS A. On June 17, 2015 the City Council adopted Ordinance 876 approving a Development Agreement ("Development Agreement") with the Developer, recorded on July 21, 2016 with a document number of 2016-0292138, which provided for the development of 59 affordable senior housing units with one manager's unit located at 7418 Archibald Avenue which consists of two parcels of land totaling 2.25 acres in the City of Rancho Cucamonga. B. On February 17, 2016 the City of Rancho Cucamonga, as Successor Housing Agency to the Rancho Cucamonga Redevelopment Agency, approved an amendment to the Acquisition, Disposition, Development, and Loan Agreement ("ADDLA") between the City and the Developer for this affordable senior housing project to allow for the use of 4% low income housing tax credit financing, along with other financing resources, should the Developer be unsuccessful in securing a 9% low income housing tax credit from the California Tax Credit Allocation Committee ("TCAC"). The use of 4% low income tax credits for the project required a modification to the unit affordability due to a reduction in the amount of revenues to construct and manage the project. This income affordability modification was included in the amendment to the ADDLA. C. The Developer was unsuccessful in receiving a 9% low income tax credit approval in March 2016 and has notified the City of its intent to pursue the 4% low income housing tax credit financing. D. The purpose of this First Amendment is to modify the affordability requirements included in the Development Agreement for the project as a result of the change in tax credit financing. E. Capitalized terms used, but not defined, in this First Amendment shall have the meaning set forth in the Development Agreement. 107615511927081.2 P367 AMENDMENT 1. Section 1.a. shall be deleted in its entirety. 2. Section 1.b. shall be deleted and replaced with: b. "Affordable Rents" shall mean the total charges for rent, utilities and related services that are no greater than that considered as "affordable rent" for low-income households, adjusted for family size appropriate to the unit, pursuant to Section 50053 of the California Health and Safety Code, as amended, or any successor statute thereto. The maximum housing cost for the Qualified Tenant for each of the income levels set forth in this Agreement must comply with the regulations promulgated by the California Department of Housing and Community Development Sections 6910-6932 in Title 25 of the California Code of Regulations, to the extent such regulations govern density bonuses and other incentives pursuant to Section 65915 of the Government Code. Initial rents for each unit shall be set by the Developer at the time of initial occupancy of the Development. Rents may be adjusted annually by the same percentage that Area Median Income has increased, if any, for an Extremely Low Income Qualified Tenant, a Very Low Income Qualified Tenant and a Lower Income Qualified Tenant. Rents may be set at the California Tax Credit Allocation Committee allowable rents for a specific year for the income categories of Qualified Tenants as specified in this Agreement. Tenants occupying units restricted by this Agreement shall be given at least thirty (30) days written notice prior to any rent increase. Examples of these affordable rent calculations are attached on Exhibit C. 3. Section 8. Rental Requirements. shall be deleted in its entirety and replaced with: Section 8. Rental Reauirements. During the Qualified Project Period, at least: a. Five (5) of the units shall be rented, leased or held available for Extremely Low Income Qualified Tenants whose income does not exceed thirty percent (30%) of the Area Median Income, adjusted by family size appropriate to the unit, less a utility allowance. b. Seven (7) of the units shall be rented, leased or held available for Very Low Income Qualified Tenants whose income does not exceed fifty percent (50%) of the Area Median Income, adjusted by family size appropriate to the unit, less a utility allowance. c. Seventeen (17) of the units shall be rented, leased or held available for Lower Income Qualified Tenants whose income does not exceed sixty percent (60%) of the Area 1076\55\1927081.2 Median Income, adjusted by family size appropriate to the unit, less a utility allowance. d. All other units, excluding one manager's unit, in the Project shall be rented, leased or held available for Lower Income Qualified Tenants. Each unit must be occupied by a Senior Household as its primary residence, and shall not be sublet. 4. Except for the modifications expressly made herein, the Development Agreement remains unmodified and in full force and effect. 5. Pursuant to Section 65868.5 of the Government Code, the Parties shall mutually assure that a copy of this First Amendment is recorded against the Site, with the County Recorder of San Bernardino County within 10 days after the effective date of the Ordinance approving this First Amendment. SIGNATURES ON FOLLOWING PAGE 1076\55%1927081.2 P368 IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth herein. DEVELOPER: CITY: 7418 ARCHIBALD LLC, a California CITY OF RANCHO CUCAMONGA, a municipal limited liability company corporation By: Orange Housing Development Corporation, a California nonprofit corporation, its member By: Eunice Bobert Chief Executive Officer By: C&C Development Co., LLC, a California limited liability company, its member By: Todd R. Cottle, its member By: The Cottle Family Trust Dated 3/8/1987, its member By: Barry A. Cottle, Trustee 1076+55\1927081.2 By: L. Dennis Michael Mayor ATTEST: Janice C. Reynolds, City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: City Attorney P369 P370 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) 107615511927081.2 P371 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) 1076155\ 1927081.2 P372 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) 1076 5 51 1 927081.2 P373 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) 1076\55\1927081.2 STAFF REPORT COMMUNITY SERVICES DEPARTMENT Date: To: September 21, 2016 Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director By: Susan Sluka-Kelly, Cultural Arts Manager Subject: PRESENTATION OF THE RANCHO CUCAMONGA COMMUNITY & ARTS FOUNDATION'S ANNUAL REPORT P374 RANCHO CUCAMONGA RECOMMENDATION Staff recommends this report be received and filed, it is for informational purposes only. BACKGROUND The Rancho Cucamonga Community Foundation (later changed to the Rancho Cucamonga Community & Arts Foundation) was established in 1987 as a non-profit arm of the City under the management of the Community Services Department. The mission of the Foundation is "Enriching lives through support of the arts at the Victoria Gardens Cultural Center and supporting efforts that benefit the community." The Foundation works to motivate philanthropic support of the arts, educate the community on the value of the arts and help sustain a diverse array of arts programing at the Lewis Family Playhouse. Since the Victoria Gardens Cultural Center opened in 2006, the Rancho Cucamonga Community & Arts Foundation has raised tens of thousands of dollars annually to provide funding support for arts programming at the Victoria Gardens Cultural Center. Over the past ten years, the Foundation has allocated over half a million dollars (a total of $533,500.00) to support arts programs & projects, primarily at the Lewis Family Playhouse. Each year, these funds help to offset the ever -rising costs of presenting and producing theatrical productions at the Lewis Family Playhouse, including those by MainStreet Theatre Company, Rancho Cucamonga Community Theatre, and Broadway at the Gardens productions, in addition to providing financial support for the many of the guest artists who have performed at the Playhouse. The Foundation also provides funding to support lower ticket prices to MainStreet Theatre Company performances by offering $10 tickets to opening night and Flex Pack tickets ($12 each) for families purchasing 4 or more tickets to any MainStreet performance. All of these efforts help to provide our community with affordable access to the arts. In 2008, the Foundation began sponsoring a series of free World Music concerts in the Bank of America Imagination Courtyard, celebrating the unique music and cultures from around the world. Also, in 2008, the RCCAAF began to provide sponsorship for the PRESENTATION OFRANCHO CUCAMONGA COMMUNITY&ARTS FOUNDATION'S IMPACT REPORT SEPTEMBER 21, 2016 P375 PAGE 2 Associated Artists of the Inland Empire Juried Art Show & Exhibit, a three-day event offered free to the public currently held at the Victoria Gardens Cultural Center in early September. In addition to their own fundraising efforts, the Community Services staff applies for and receives generous grant funding to also assist with providing free admission to Title 1 Schools, low-income families, low-income senior citizens, and social and youth serving organizations. This funding provides thousands of free tickets to the neediest and most deserving members of our community. Grant funds received have exceeded $400,000 over the past eight years which have provided arts experiences to thousands of students, children and families who would not otherwise have been able to attend a live performance experience. In 2011, the Foundation began to reach out to our local high schools by offering mini -grants (of $400-$500 each) to assist with high school arts programs and projects. The Foundation also implemented a scholarship program offering scholarships ranging from $250 to $1,000 for graduating high school seniors (in Rancho Cucamonga) pursuing education in the arts. On average, the Foundation contributes approximately $65,000-$70,000 annually for these varied, and much needed arts programs. The impact goes far beyond just the funding. These programs provide unique cultural experiences. The Foundation releases annual or bi-annual reports detailing their mission, fundraising efforts, grants and allocation of their distribution of funds back into the community. Cultural Arts Manager, Susan Sluka-Kelly and Foundation Chair Paula Pachon will present the annual report and impacts of the Foundation's efforts for 2015/16. Report on AIIocationcT'fArt51 Giving&TGrant$unds for 2015/2016 Season RANCHO CLICAMONGA GOMMWNITOY t8RTSF®UNDATIQN MainStreet Theatre Company Elephant & Piggie's We are in a Play! r err. M i rette Fairytales Unscripted Program Support — MainStreet Theatre Compny Total — Foundation Family Saturdays/Flex Pack. Total — Bussing Assistance to Schools Total — General Program Support Total Funds MainStreet Theatre Company Support Total — Students & Individuals Directly Benefitting from Funding Total Attendance for MainStreet Theatre's 15/16 Productions _ 15, 000.00 1,629.99 5,000.00 21, 629.99 2,720 30,148 MainStreet Theatre Company Funding Type: Foundation Giving Funds Budgeted THEATRE COMPANY Funds Contributed # Individuals Impacted $22,000.00 $21,629.99 f I ail MainStreet's Foundation Family/ 1aturdays'"� 4,•.4 Elephant & Piggie's -Me Are in aL.play }-,R 1JQJ,r 519 Tickets $ 3,632 Fairytales Unscripted Jan. 30,01.6 ► „�; + 310 Tickets $ 2,198 Mirette — April 23, 2016 ' , 398 Tickets $ 2,770 Totals: 1,227 Tickets $ 8,592 MainStreet Theatre Company MainStreet's Foundation Family Flex Packs Elephant & Piggie's — We Are in a Play — Oct. 10, 2015 Fairytales Unscripted — Jan. 30, 201 Mirette — April 23, 2016 Totals: 530 Tickets $ 3,180 229 Tickets $ 1,374 309 Tickets $ 1,854 1,068 Tickets $ 6,408 Bussing Assistance for Title 1 Schools/Low Inc 5 Schools Received Bussing Subsidy me Students 425 Students attended $ 1,629.99 Rancho Cucamonga Community Theatre & Broadway At The Gardens Funding Type: Foundation Giving Funds Budgeted $15,000.00 Funds Contributed # Individuals Impacted $15,000.00 Attendance figures foT RCCT T TS/16 Pry 'ctio�asr.�� RCCT— Peter Pan (Summer 2015j -6 Performances RCCT — Miracle on 34th Street (Winter 2015) — 6 Performances Broadway at the Gardens — CATS (Spring 2016) — 6 Performances Total: 3,250 Total: 2,818 Total: 3,206 Total Attendance: 9,274 RANCHQ,CLJCAMQNGA ®MMUNI W &AR+TSFQUNDATIQN Guest Artists Series Lewis Family Playhouse Funding Type: Foundation Giving Funds Budgeted $10,000.00 unds Contributed $10,000.00 # Individuals Impacted 1,252 Colin Mochrie & Brad Sherwood: Two Man Group ( Performance) Total: 549 Cherry Poppin' Daddies Tribute to the Rat Pack (2 P rformances)I: 703 RANCHQ,CLJCAMQNGA C®MMUNI W &AR+TSFQUNDATIQN World Music Concert Series Bank Of America Imagination Courtyard Funding Type: Foundation Giving Funds Budgeted Funds Contributed # Individuals Impacted $9,500.00 $7,500.00 1,000 2015 Summer World Music Concerts: Trio Elias Taiko Center of Los An les The Goin' South Band RANCHQ,CLJCAMQNGA C®MMUNI W &AR+TSFQUNDATIQN 1:1Zbank. Play Partners Program $25,000 (plus $1,053.39 carry over from previous year) BankofAmerica '.' $10,000 BBVA Compass Program # Individuals Impact- • Total Funds Contributed Grant Funding 4,388 �;�� $38,553.39 RANCHQ,CLJCAMQNGA C®MMUNI W &AR+TSFQUNDATIQN Free Tickets to Title 1 Schools US Bank — Elephant ►gg►e US Bank — Fairytales Unscripted US Bank — Mirette Tota I : Play Partners Program embank. BMA Compass 1,434 Students Schools 685 Students/6 Sc ool 943 Students/11 hools 3,062 Students/2 Schools BBVA-Bussing Assistance for Title 1 Schools/Low Income -Students 5 Schools Received Bussing Subsidy $ 11,472.00 $ 5,480.00 $ 7,544.00 $ 24,496.00 798 Students attended - $ 2,255.39 IlRANCHO CLICAMONGA GOMMWNITOY t8RTSF®UNDATIQN Play Partners Program BankofAmeruca'��I embank Free Tickets to Low- a amilies via Socia3're & Youth -Serving Org. Bank of America -Elephant & Piggie Bank of America - Miracle on 34th Street Bank of America - Fairytales Uns'ripfted Bank of America - Mirette Bank of America - Rat Pack Tribute Total: 65 Tick 87 Tick 115 Tick 145 Tick ts ts ts ts $ 1,170 $ 1,738 $ 1,908 $ 2,446 47 Tickets _ $ 2,480 459 Tickets to Families ',� = , __ $ 9,742 •- _ . f Free Tickets to Low -Income Senior Citizens & Under ery Co - US Bank - Colin & Brad �. ` Ticke-ts 45, US Bank - On the Air 53 Tickets _.."e US Bank - Reduced Shakespeare- ` 13 Tickets Total: 69 Tickets to Seniors/LGBT f$ 180 $ 1,500 $ 380 $ 2,060 t86RANCHO CLICAMONGA C®MMWNITOY RTSF®UNDATION Funding Type: Foundation Giving High School Arts Programs & Scholarships 1 Funds Budgeted Funds Contributed # Individuals Impacted $5,500.00 .00 500 + 8 Scholarships High School Performing Arts Programs & Projects: Etiwanda High — Support for "Text" 1 -Act Play Alta Loma High — Purchase of headphones for Piano Lab Alta Loma High — Purchase of Music Books Jazz Combo Clas Rancho High — Assist with Band Uniforms for Students Los Osos High — Purchase & repair instruments for Band High School Scholarship Awards: $500 $250 $250 - $503 $500 1. Isaiah Tadros (Rancho) — Theatre, Dance, Vocal & Band $500 2. Chloe Hopkins (Etiwanda) — Theatre 3. Noah Davis (Los Osos) — Band & Choir 4. Miren Cancio (Etiwanda) — Band & Dance 5. Mariah Hayes -Brennan (Alta Loma) — Theatre & Vocal 6. Sarah Martinez (Rancho) — Band & Orchestra 7. Madelyn Duran (Etiwanda) — Theatre 8. Cheyenne Proctor (Alta Loma) — Visual Arts 50 Students 85 Students 45 Students 120 Students 250 Students J { / 1 ,' .,.1 . ., *1 - ;-°:•' $500 F $500 '�� ► .�;�� $500 $500 $500 $250 $250 Annual 3 -Day Juried Art Show by Associated Artists of the Inland Empire Funding Type: Foundation Giving Funds Budgeted Funds Contributed $3,500.00 # Individuals Impacted $3,312.00 750 Associated Art i Ntt Inland Em pine i.4k1'1LfYE/s matt; of 1hi niftilth, I i in a (Festival c Mission: Enriching lives through support of the arts at the Victoria Gardens Cultural Center and supporting effa enefiiZhe-community. RANCH 4CUC M NGA STAFF REPORT RANCHO CUCAMONGA PUBLIC LIBRARY P376 Date: September 21, 2016RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Michelle Perera, Library Directo By: Angelica Trummell, Children's Services Supervisor Subject: CONSIDERATION OF RESEARCH AND RESULTS FROM RANCHO CUCAMONGA PUBLIC LIBRARY'S "RE -INVENTING STORYTIMES" STAFF INNOVATION FUND GRANT AND FOLLOWING CHANGES TO THE LIBRARY'S STORYTIMES. BACKGROUND / ANALYSIS After winning the National Medal, the Children's Services Team challenged themselves to look at our award winning program line-up and see how it could be improved. Past training and education in early learning, play, and child development, as well as community feedback, pointed to a restructuring of storytime ages, as well as a review of the number of programs offered, based on demand. The Children's Services Team spent the next year surveying and collecting anecdotal feedback from the community, reviewing statistical data of storytime attendance and waitlists, as well as researching how young children learn. Research encompassed the fundamentals of child development, brain development, and early literacy skills. This research helped staff to understand more about developmental milestones, and what was happening at each age and stage of this development. For example, how and when sight and hearing develops in a child. This research helped staff to establish that storytime ages needed to be redistributed based on children's developmental milestones and major physical and learning objectives. The result expanded our previous storytime lineup from 18 weekly storytimes to 23, with the addition of several new programs. A review of statistical attendance data also revealed that the 0-3 age group was our largest group in most need of programs, and therefore, a target of programming expansion. The new age groups allowed staff to tailor programs to children's developmental and learning needs, as well as share specific developmental and early learning information with parents. In January of 2015, staff unveiled the new storytime lineup and have continued to review and analyze these new programs. A second round of research and training began in June of 2015 to create sensory storytimes for children of all abilities, tailored to those who have specific learning needs such as smaller class sizes, tactile stimulation, or specific sensory needs. All staff attended a training on how to best serve families and patrons with special needs, while Children's Services staff also attended a specific Sensory Storytime training. The Library piloted several workshop series through the spring and summer. The Library plans to kick off in January of 2017 with the first of several new Sensory Storytime Workshops. Re -Inventing Storytimes Update City of Rancho Cucamonga City Council Meeting September 21, 2016 CITY OF RANCHO CUCAMONGA cn Re -Inventing Storytimes Hoorag for Pre K , �S 1- fingplagsa –1=. Puiipets • ro E 'if in Tots CM Teach co Schccl readiness �, Fart literac cin caIvergChildReadgToRead= g Bright Beginnings a. Rancho Cucamonga Librarg Services i `gig Educate Collaborate = brig Learning With families 1=10321h2 MIT Discoverg Club = Innovate S= —I Access Li. M C 1— M d N eo Plagand nn National Medal rnl Museum and Library Servie The ]013Hatlmal Medal kprnenI dto .ri[NLIfH eLwunw7LJ[L In m10011 011 Of *nice to IN conmunity and the nellon 7.1 CITY OF RANCHO CUCAMONGA Stages of Brain Development Harvard University - Center for the Developing Child http://developingchild.harvard.edu/resources/five-numbers-to-remember-about-early-childhood-development/ CITY OF RANCHO CUCAMONGA Community Feedback CITY OF RANCHO CUCAMONGA Registration & Waitlists Statistics COMBINED REGISTERED AND WAITLISTED PAST 8 SESSIONS 14-5 Years, 639, 19 Months - 3 Years, 1615 11-18 Months, 540 • i Oar 1 0-10 Months, 329 0-3 Years, 2484 CITY OF RANCHO CUCAMONGA Statistics • 18 - Storytimes per week (10 registered / 8 walk-in storytimes) • 3,153 - Total # of children registered and waitlisted in past 8 sessions • 1,114 - Children on the waitlist between ages 0-5 • 1,006 - Children on waitlist between ages 0 — 3 • 126 - Average waitlist per session of children ages 0 — 3 • CITY OF RANCHO CUCAMONGA Biaze1ton Touc.hpoints Center Growing Healthy Children Therapy Services, Inc.' • .• Research Early )filk • Lear mg 2.0 r:1 nziee STATE 1 BRARY Al BEM —AIME= TRESERYING 01 iF P.IT, GE.SHAPING OUR FUTURE tit bra ii 'PLAYil LEARN CITY OF RANCHO CUCAMONGA Development Chart 2.2+.2.�.1xIl Map,.2 a.rl 610.•22122 arm -li emary me L r .mm1e. ugh iS.. plg12 snary2^n 1.4, -. rm. .4114 rya r. *a m e.:W.022 .a cry. 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IIsi M. 8+2022 .a 2022:. pmclIcirq kWh at {4...l.onr. *.2'922 mm 1.44 Canal rah "FIYSIa4 CITY OF RANCHO CUCAMONGA Seeing Development Chart 0-10 months * Newborn - can only see 9-12 inches from face, people and objects fuzzy. *1 month 'infants eyes get stuck on ojects and will cry. 11 -18 months * Get down on eye level with toddler. Make eye contact. Talk about, describe things you see and hear. Narrate what toddler is doing to themselves. REPETITION Bongs, words, books. * 12 months old can follow a fast moving object Hearing * Infants hearing: talk to them, they will turn their head to your voice, they * Talk about, describe things you see and hear. Narrate what toddler is doing to are forming connections through your speech. Baby is listening to your sound, pitch and rhythm. * 0-3 months smiles when sees you. *4-6 months Follows sounds with eyes. Pays attention to music, laughs * 7 months understands commands, common words, has one or two words by 1st birthday themselves. REPETITION Bongs, words, books. * 18 months old - listens to a story and looks at pictures Gross Motor: crawling, standing, walking * Require brain control and voluntary movement. * Movement muscles develop from head to toe starting with neck, arm, trunk, leg muscles. Myelin is coating the brain cells during this period. Myelin increases speed of transmission. Myelin increases when a baby starts to crawl. Crawling strengthens both hemispheres of the brain with cross lateral movement. * Movement important for developing gross motor skills. * Standing 10-11 months * Movement important for developing gross motor skills. * 12-18 months when "controlling behavior beginning to take hold". Sometimes respond to no (difficult when tired / hungry. Redirect with game / song / movement) * 12 months - stand alone, sit down alone , walk alone or holding hand * Bang two blocks together * 12 months old - responds to his or her name * 12 months - participates in getting dressed (arms up) * 18 months - can walk up stairs holding with one hand * 18 months - closed soft spot on front of head runs stiffly falls often * 18 months able to get into small chair by self * Able to control bladder / bowel muscles, may not be ready for toilet CITY OF RANCHO CUCAMONGA Child Development in Storytime • Baby's vision about 8 -10 inches • High contrast books and toys Baby Loves SPORTS A High -Contrast Action Book R� T F%:R BABY CITY OF RANCHO CUCAMONGA Re -Inventing Storytimes Storytne as) Bouncing Baby Storytime (3) ages 0-23 months Toddler5tcrytime (3) ages 24-35 months Preschool Store -time (3] ages 3-5 years Rafe edented Sbdry6intee 1127) — Bright Begin nings ages 0 -10 months (2) — Terrific Tots ages 11-18 months (2) — Rhyme Time 19 months —1 years (3) — Hooray for Pre -K 4-5 years (3) Current Storylim es (no change) Family Storytime ages 2-8 years (5) Pajama Storytime (Sirana Library) ages 7-8 years (2) Discovery Club ages 6-12 years 2) New Walk -In Storytimes Mother Goose on the Loose ages 0-3 years (2 Pajama Storytime at Arrhibmid ages 2-8 years (1) CITY OF RANCHO CUCAMONGA Re -Inventing Storytimes Storikvo" Discovery Club PO,- children ager 6U Palma ryti me For [n'Idren ayex i•9 nary, w! cn e CprC¢lfer Family Etorttime r r"'U. Pr ar lean • •. � ia,eS gdf rn •on the Lo 5torytiir. For tnHoren aaes • anaa nrec. ;right Beginnings toryti m e 4ieri ages OIQ mane. aha a GarCgreer Terrific Tars 5tarytime Fc. [rub] ren NM 1: II r.'prn•„ i7'•]) for: ].4e• Invest in STORY TIME CITY OF RANCHO CUCAMONGA Current Storytime Offering Program Ages Archibald Library Biane Library Registered /Walk- in* Mother Goose on the 0 - 3 years Wednesday 12pm Monday 12pm Walk-in Loose Monday 1pm Bright Beginnings 0 -10 months Thursday Slam Monday loam Registered Terrific Tots 11 - 18 months Thursday 12pm Monday Ilam Registered Little Learners 19 months - Wednesday loam Tuesday 10am Registered 30 months Rhyme Time 30 months - 3 years Wednesday llarn Tuesday Ilam Registered Pajama Storytime 2 years and up Monday 6pm Tuesday 6pm Walk-in Tuesday 7pm Walk-in Friday Family Storytime 2 years and up nja Friday Ilam Registered Friday 12pm Walk-in Family Saturday 2 years and up Saturday llam Saturday 2 & 3pm Walk-in Hooray for Pre -K 4 - 5 years Thursday 10am Friday loam Registered Discovery Club 6 - 12 years Wednesday 4pm Thursday 4pm Walk-in In bee-Tween 9 -12 years Tuesday 5pm Wednesday 5pm Walk-in (second week of the (second week of the month) month) I 411011-1 A 4 • • .01 Sensory Storytimes Pilot Sensory Storj time For exceptional children of all abilities Monda4s April 11,18', and 25 3:30-4:15 PM at the Archibald Library Space is limited to 10 families Sign up in person at the Archibald Library Information Desk (909) 477-2720 ext5025 RANCH LIRR.lh SERVICES CITY OF RANCHO CUCAMONGA Re -Inventing Storytimes Update Questions? CITY OF RANCHO CUCAMONGA STAFF REPORT SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY P377 RANCHO Date: September 21, 2016 CUCAMONGA To: Chairman and Members of the Successor Agency John R. Gillison, City Manager From: Elisa C. Cox, Deputy City Manager — Civic & Cultural Service By: Donna Finch, Management Analyst I Subject: Approval of a Resolution of the Successor Agency Confirming the Issuance of Tax Allocation Refunding Bonds Pursuant to a Sixth Supplemental Indenture and Approving the Preliminary and Final Official Statements, the Bond Purchase Agreement and Providing Other Matters Relating Thereto RECOMMENDATION It is recommended that the Successor Agency to the former Rancho Cucamonga Redevelopment Agency approve a resolution confirming the issuance of tax allocation refunding bonds and approve the preliminary and final Official Statement, the Bond Purchase Agreement and provide for other matters relating to the refunding of the bonds. BACKGROUND Pursuant to Health and Safety Code Section 34172 (a) and the California Supreme Court's decision to uphold ABx1 26, the Rancho Cucamonga Redevelopment Agency (the "Former Agency") was dissolved on February 1, 2012 and no longer exists as a public body. The City of Rancho Cucamonga has become the Successor Agency to the Former Agency and is responsible for winding down outstanding obligations of the Former Agency. One primary obligation of the Successor Agency is to ensure that outstanding bond payments are made in a timely manner until the debt is paid off. AB 1484 is a follow-up legislative act that clarifies certain procedures created by ABx1 26 and permits Successor Agencies to refund outstanding bonds of a former redevelopment agency under certain conditions outlined in Health and Safety Code Section 34177.5. Specifically, a Successor Agency may issue refunding bonds if there is a savings in the overall cost of the bonds, there are no additional proceeds raised, and there is no extension on the life of the bonds. Prior to the dissolution of redevelopment, the Former Agency issued $73,305,000 in 2007 Housing Set -Aside Tax Allocation Bonds, Series A (the "2007A Bonds") for the purpose of financing and refinancing redevelopment housing projects. Based on current interest rates, the Successor Agency has determined that refinancing these bonds has the potential to reduce debt service by approximately 20% or $12.5 million over the remaining life of the bonds. Pursuant to Health and Safety Code Section 34183 the taxing agencies will receive the benefit from the debt service savings. The distribution of savings over the remaining term of the bonds includes approximately $2.2 million to the City and the Fire District, $7.4 million to the school districts (including Chaffey College) and $2.9 million to other taxing entities. The estimated savings is based on a currently projected bond refinancing interest rate of approximately 2.8%. The actual level of savings will depend upon conditions in the municipal bond market at the time the Tax Allocation Refunding Bonds are priced. APPROVAL OF A RESOLUTION OF THE SUCCESSOR AGENCY CONFIRMING TI -IE ISSUANCE OF TAY ALLOCATION REFUNDING BONDS PURSUANT '1'0 A SIXTH SUPPLEMENTAL INDENTURE AND APPROVING THE PRELIMINARY AND FINAL OFFICIAL. STATEMENTS, THE BOND PURCHASE AGREEMENT AND PROVIDING OTI-I SEPTEMBER 21, 2016 P378 PAGE 2 The total bond issuance needed to refund the prior bonds is estimated to not exceed $73,000,000. This amount includes bond reserves and costs of issuance. In conformance with Health and Safety Code Section 34177.5 the required savings parameters for the proposed bond refunding have been met in that it will create a savings in reduced principal and interest compared to the current bond debt service schedule, will not extend the life of the bonds, and will not create additional bond funds for new projects. At its July 20, 2016 meeting, the Successor Agency approved Resolution No. 16-120 which authorized the issuance of the refunding bonds and the Sixth Supplemental Indenture. The Oversight Board approved the issuance of the refunding bonds at their July 21, 2016 meeting and this action was submitted to the Department of Finance (DOF) and was approved by them on September 2, 2016. Staff anticipates final actions for the bond refunding will take place in late September with a bond closing date expected in mid-October. After the refunding of the bonds is finalized, the Successor Agency would reduce the requested funds needed to pay the debt service from the Redevelopment Property Tax Trust Fund (RPTTF) on future ROPS, generating more residual balance available to the taxing entities in furtherance of the goals of the redevelopment agency dissolution. By approving the attached resolution, the Successor Agency will: • Confirm the issuance of the 2016 Tax Allocation Refunding Bonds; • Approve the preliminary Official Statement, which will be distributed to perspective bond investors at the time the bonds are sold and discloses the finances surrounding the issuance of the bonds and indicates how investors will be repaid; • Approve the Bond Purchase Agreement with Stifel, Nicholaus & Company, Inc. (the "Underwriter") to establish the terms and conditions pursuant to which the refunding bonds will be sold to the Underwriter; • Approve the form of the Continuing Disclosure Certificate, which is on file with the Secretary of the Successor Agency, which constitutes the agreement by the Agency to provide continuing disclosure to the owners of the refunding bonds and the municipal bond market in order to comply with the requirements of federal securities law and regulations. The attached resolution authorizes the City Manager, as the chief administrative officer of the Successor Agency, to make necessary changes to the preliminary Official Statement and deem the document "final" prior to its distribution. Attachment: Resolution No. 16-157 Preliminary Official Statement (available in the City Clerk's Office) Bond Purchase Agreement (available in the City Clerk's Office) P379 w PRELIMINARY OFFICIAL STATEMENT DATED , 2016 w o. s y NEW ISSUE INSURED BONDS RATINGS: S&P: " " ° y BOOK ENTRY ONLY UNINSURED BONDS AND UNDERLYING RATINGS: S&P: " " 1 (See, "OTHER INFORMATION," herein) o 0 0 In the opinion of Best Best & Krieger LLP, Riverside, California, Bond Counsel, subject to certain qualifications described herein, under existing statutes, 8 ti regulations, rules and court decisions, and assuming certain representations and compliance with certain covenants and requirements described herein, the interest on the •8 T Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations, although for the purpose of computing the alternative minimum tax imposed on certain corporations, such interest is taken into account in :; determining certain income and earnings. In the further opinion of Bond Counsel, such interest is exempt from California personal income taxes. See "OTHER c' ai a.) INFORMATION— Tax Matters" herein. . Successor Agency to the 0 • "o Rancho Cucamonga Redevelopment Agency " Q Rancho Redevelopment Project Area w Tax Allocation Refunding Bonds, Series 2016 O 0 ;. Dated: Date of Delivery Due: September 1, as shown below 5w o ° '� The bonds, described herein, are Successor Agency to the Rancho Cucamonga Redevelopment Agency (the "Agency" or "Successor Agency") o c Rancho Redevelopment Agency Project Area(the "Project Area" Tax Allocation RefundingBonds, Series 2016(the "Bonds" as further described 'b w� P g Y j J ), ), 0 0 •'' herein. .ro The Bonds will be secured under a Trust Indenture (the "Original Indenture"), dated as of March 1, 1990, by and between the Former Agency a'5 4 (defined herein) and Wells Fargo Bank, N.A., as trustee (the "Trustee") as previously amended and supplemented, and as further supplemented and 2 o ° amended bya Fifth Supplemental Indenture, dated as of 1, 2014 between the Successor Agency and the Trustee(the "Fifth Supplement", and as rd i PP July g Y PP further supplemented by a Sixth Supplemental Indenture, dated as of . 2016, between the Successor Agency and the Trustee (the "Sixth y ° . Supplement," and together with the Fifth Supplement and the Original Indenture as amended and supplemented, the "Indenture"). The payments due 5 y:=•� under the Indenture are secured by a pledge of, security interest in and lien on Tax Revenues (as defined in the Indenture and described herein) allocated o as described herein. See "SECURITY FOR THE BONDS" herein. I w ° The Bonds are being issued in fully registered form, and when issued, will be registered in the name of Cede & Co., as nominee of The F a Depository Trust Company ("DTC"), New York, New York. DTC will act as securities depository for the Bonds. Individual purchases of the Bonds may i~ Y g be made in book -entry form only, in denominations of $5,000 or any integral multiple thereof. Purchasers of interests in the Bonds will not receive 0 certificates from the Successor Agency or the Trustee representing their interest in the Bonds purchased. Interest on the Bonds will be payable semiannually on March 1 and September 1 of each year, commencing March 1, 2017. Payments of principal, premium, if any, and interest on the Bonds g o v will be payable by the Trustee, to DTC, which is obligated in tum to remit such principal, premium, if any, and interest to the DTC Participants for msubsequent disbursement to the Beneficial Owners of the Bonds, as more fully described herein. oa�7,1 0 o a The Bonds are subject to optional redemption prior to maturity as described herein. See "THE BONDS — Redemption of the Bonds" herein. 0 •� The Successor Agency has applied for a municipal bond insurance policy and a debt service reserve fund insurance policy and will decide whether to o w ab1i purchase any such policy and/or surety bond in connection with the offering of the Bonds. Such information will be released prior to offering the Bonds and will be oT included in the Official Statement. U i. 4w .2 o The Bonds are a limited obligation of the Agency payable solely from Tax Revenues and moneys held under the Indenture. Neither the City of . 8 Rancho Cucamonga (the "City"), the County of San Bernardino (the "County") nor the State of California shall be obligated to pay the principal of the w- Bonds, or the interest thereon, except from the funds described above, and neither the faith and the credit nor the taxing power of the City, the County, the •° 4 3 State of California nor any political subdivision thereof is pledged to the payment of the principal of or the interest on the Bonds. The issuance of the a 't Bonds shall not directly, indirectly or contingently obligate the Agency, the City, the County, the State of California or any political subdivision thereof to .73. = levy or pledge any form of taxation whatever therefor or to make any appropriations for their payment. The Agency does not have any taxing power. The az Bonds do not constitute an indebtedness in contravention of any constitutional or statutory debt limitation or restriction. -ci 0 O g o This cover page contains certain information for general reference only. It is not intended to be a summary of the security or terms of this O a, issue. Investors are advised to read the entire Official Statement to obtain information essential to the making of an informed investment decision. -a- 0 Capitalized terms used and not defined on this cover page shall have the meanings set forth herein. o.o o For a discussion of some of the risks associated with a purchase of the Bonds, see "BOND OWNERS' RISKS" herein. I) tii 5 MATURITY SCHEDULE o See inside front cover m wThe Bonds are offered when, as and if issued, subject to the approval of their legality by Best Best & Krieger LLP, Riverside, California, Bond vo Counsel. Certain disclosure matters will be passed upon for the Agency as Disclosure Counsel by Best Best & Krieger LLP, Riverside, California. ds r the all, A Certain the Agency Watson Gershon, Professional Corporation, delivery iir Jones r`w " . Professional Law Corporation, on, San California. It is anticipated the Bonds will be available for in defintveormon oabout w2 2016. o > g STIFEL LOGO 2 '° ° Dated: , 2016 a td 1 :E Y' He7D g $ Successor Agency to the Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Area Tax Allocation Refunding Bonds, Series 2016 MATURITY SCHEDULE $ Serial Bonds (Base CUSIP-: Maturity Date Principal Interest (September 1) Amount Rate 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Yield ) Price CUSIPt P380 t CUSIP® is a registered trademark of the American Bankers Association. CUSIP Global Services (CGS) is managed on behalf of American Bankers Association by S&P Capital IQ. Copyright© 2016 CUSIP Global Services. All rights reserved. This data is not intended to create a database and does not serve in any way a substitute for the CUSIP Service Bureau. CUSIP® numbers are provided for convenience of reference only. The Successor Agency to the Rancho Cucamonga Redevelopment Agency and the Underwriter do not take any responsibility for the accuracy of the CUSIP® numbers. P381 GENERAL INFORMATION ABOUT THIS OFFICIAL STATEMENT No dealer, broker, salesperson or other person has been authorized by the Successor Agency to give any information or to make any representations in connection with the offer or sale of the Bonds other than as contained in this Official Statement, and if given or made, such other information or representations must not be relied upon as having been authorized by any of the foregoing. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Bonds by any person, in any jurisdiction where such offer, solicitation or sale would be unlawful. The information set forth herein has been obtained from sources that are believed to be reliable, but is not guaranteed as to accuracy or completeness, and is not to be construed as a representation, by the Successor Agency. Neither the delivery of this Official Statement nor any sale made hereunder will, under any circumstances, create any implication that there has been no change in the affairs of the Successor Agency since the date hereof. The information and expressions of opinion stated herein are subject to change without notice. Certain statements included or incorporated by reference in this Official Statement constitute "forward- looking" statements within the meaning of the United States Private Securities Litigation Reform Act of 1995, Section 21E of the United States Securities Exchange Act of 1934, as amended, and Section 27A of the United States Securities Act of 1933, as amended. Such statements are generally identifiable by the words "expects," "forecasts," "projects," "intends," "anticipates," "estimates," "assumes" and analogous expressions. The achievement of certain results or other expectations contained in such forward-looking statements are subject to a variety of risks and uncertainties that could cause actual results to differ materially from those that have been projected. No assurance is given that actual results will meet the forecasts of the Successor Agency in any way, regardless of the optimism communicated in the information, and such statements speak only as of the date of this Official Statement. The Successor Agency disclaims any obligation or undertaking to release publicly any updates or revisions to any forward-looking statement contained herein to reflect any changes in the expectations of the Successor Agency with regard thereto or any change in events, conditions or circumstances on which any such statement is based. All summaries of the Indenture (as defined herein), and of statutes and other documents referred to herein do not purport to be comprehensive or definitive and are qualified in their entireties by reference to each such statute and document. This Official Statement, including any amendment or supplement hereto, is intended to be deposited with one or more depositories. This Official Statement does not constitute a contract between any Owner of a Bond and the Successor Agency. The issuance and sale of the Bonds have not been registered under the Securities Act of 1933 or the Securities Exchange Act of 1934, both as amended, in reliance upon exemptions provided thereunder by Sections 3(a)(2) and 3(a)(12), respectively, for the issuance and sale of municipal securities. The Underwriter has provided the following sentence for inclusion in this Official Statement: The Underwriter has reviewed the information in this Official Statement in accordance with, and as part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information. IN CONNECTION WITH THIS OFFERING, THE UNDERWRITER MAY OVERALLOT OR AFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. The City of Rancho Cucamonga maintains an Internet website, but the information on the website is not incorporated in this Official Statement. P382 REGIONAL MAP P383 SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro -Tem William J. Alexander, Council Member Lynne Kennedy, Council Member Diane Williams, Council Member SUCCESSOR AGENCY/CITY STAFF John R. Gillison, City Manager Tamara L. Layne, Finance Director Donna Finch, Management Analyst Richards Watson & Gershon, A Professional Corporation, Successor Agency Counsel SPECIAL SERVICES Trustee Wells Fargo Bank, N.A. Los Angeles, California Bond and Disclosure Counsel Best Best & Krieger LLP Riverside, California Financial Advisor Fieldman, Rolapp & Associates, Inc. Irvine, California Fiscal Consultant HdL Coren & Cone Diamond Bar, California Verification Agent Causey Demgen & Moore P.C. Denver, Colorado P384 (THIS PAGE INTENTIONALLY BLANK) INTRODUCTION 1 General 1 Purpose 1 Authority for Issuance of the Bonds 1 The City and the Successor Agency 2 The Project Area 3 Terms of the Bonds 3 Security for the Bonds 3 Application for Municipal Bond Insurance 4 Professionals Involved in the Offering 4 Continuing Disclosure 5 Reference to Underlying Documents 5 PLAN OF FINANCE 6 ESTIMATED SOURCES AND USES OF FUNDS 7 ANNUAL DEBT SERVICE REQUIREMENTS OF THE BONDS 8 THE BONDS 9 General 9 Redemption of the Bonds 9 Notice of Redemption; Rescission 9 Effect of Redemption 10 SECURITY FOR THE BONDS 11 Limited Obligations 11 Tax Increment Financing Generally 11 Low and Moderate Income Housing Set -Aside 11 Assembly Bill 1290 12 Redevelopment Property Tax Trust Fund 12 Allocation of Taxes Subsequent to the Dissolution Act 12 Recognized Obligation Payment Schedule 13 Security for the Bonds 15 Funds and Accounts 16 Events of Default 20 MUNICIPAL BOND INSURANCE 21 THE RANCHO CUCAMONGA SUCCESSOR AGENCY 22 The Agency 22 General 22 Oversight Board 23 Financial Statements 23 Department of Finance Finding of Completion 23 State Controller Asset Transfer Review 24 THE RANCHO REDEVELOPMENT PROJECT 25 General 25 Senior Pass -Through Agreements 27 Subordinate Pass -Through Agreement 28 Statutory Tax Sharing Payments 29 Assessed Valuation 29 Property Taxes and Inflation Rates 30 Supplemental Assessment Revenues 31 Assessed Valuation Appeals 32 Annual Tax Collections 33 Property Value by Land Use 34 Plan Limitations 35 ESTIMATED REVENUES AND BOND RETIREMENT 36 BOND OWNERS' RISKS 41 Limited Special Obligations 41 Recognized Obligation Payment Schedule 41 Challenges to Dissolution Act 42 Reduction in Taxable Value 43 P385 Risks of Real Estate Secured Investments Generally 43 Reduction in Inflationary Rate and Changes in Legislation 43 Change in Law 44 Bankruptcy of Landowners 44 Earthquake and Other Natural Calamities 44 Levy and Collection of Taxes 44 Estimated Revenues 45 Hazardous Substances 45 Direct and Overlapping Indebtedness 45 Future Legislation and Initiatives 45 Assessment Appeals 45 Bond Insurance Risk Factors 46 Economic Risks 46 Investment Risk 47 Secondary Market 47 Bankruptcy 47 Federal Tax -Exempt Status of the Bonds 47 IRS Audit of Tax -Exempt Issues 48 LIMITATIONS ON TAX REVENUES 49 Property Tax Limitations - Article XIIIA 49 Implementing Legislation 50 Unitary Property 50 Tax Collection Fees 51 Future Initiatives 51 OTHER INFORMATION 52 Continuing Disclosure 52 Litigation 52 Tax Matters 52 Legal Opinion 54 Ratings 54 Underwriting 54 Miscellaneous 55 APPENDIX A - Report of Fiscal Consultant A-1 APPENDIX B - General Information Concerning the City of Rancho Cucamonga B-1 APPENDIX C — City of Rancho Cucamonga Audited Financial Statements For Fiscal Year Ended June 30, 2015 C-1 APPENDIX D - Summary of Certain Provisions of the Legal Documents D-1 APPENDIX E - DTC and the Book -Entry System E-1 APPENDIX F - Form of Opinion of Bond Counsel F-1 APPENDIX G - Form of Continuing Disclosure Certificate G-1 APPENDIX H — State Department of Finance Determination Letter Approving the Bonds H-1 APPENDIX I — Specimen Municipal Bond Insurance Policy I-1 P386 (THIS PAGE INTENTIONALLY LEFT BLANK) P387 $ Successor Agency to the Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Area Tax Allocation Refunding Bonds, Series 2016 INTRODUCTION This Introduction is subject in all respects to the more complete information contained elsewhere in this Official Statement and the offering of the Bonds to potential investors is made only by means of the entire Official Statement. Capitalized terms used and not defined in this Introduction shall have the meanings assigned to them elsewhere in this Official Statement. General This Official Statement, including the cover page, inside cover page, and appendices hereto, provides information in connection with the issuance by the Successor Agency to the Rancho Cucamonga Redevelopment Agency (the "Agency" or the "Successor Agency") of its Rancho Redevelopment Project Area Tax Allocation Refunding Bonds, Series 2016 in the aggregate principal amount of $ (the "Bonds" or the "Series 2016 Bonds"). Purpose The Bonds are being issued (i) to refinance certain outstanding obligations of the Rancho Cucamonga Redevelopment Agency (the "Former Agency") with respect to housing, (ii) to satisfy the Reserve Requirement, defined below, for the Bonds, and (iii) to pay costs of issuance of the Bonds, including the municipal bond insurance premium for the Bonds, if any. See "PLAN OF FINANCE" and "ESTIMATED SOURCES AND USES OF FUNDS" herein. Authority for Issuance of the Bonds The Bonds are being issued by the Successor Agency pursuant to the Community Redevelopment Law, consisting of Part 1 of Division 24 of the California Health and Safety Code (the "Redevelopment Law"), the provisions of Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) of Division 24 of the California Health and Safety Code, as amended (as so amended, the "Dissolution Act") and Article 11 (commencing with Section 53588) of Chapter 3 of Part 1 of Division 2 of the Government Code of the State of California (the "Refunding Law"). The Dissolution Act was first enacted pursuant to by Assembly Bill ABX1 26 in June 2011, and has been subsequently amended several times, including by AB 1484 ("AB 1484"), enacted in June 2012, and Senate Bill 107 ("SB 107"), enacted in September 2015. The Successor Agency will issue the Bonds pursuant to a Trust Indenture dated as of March 1, 1990 (the "Original Indenture"), by and between the Former Agency, defined below, and Wells Fargo Bank, N.A. as successor in interest to Bank of America National Trust and Savings Association (the "Trustee"), as amended and supplemented, and as further amended and supplemented by a Fifth Supplemental Indenture dated as of July 1, 2014, between the Successor Agency and the Trustee (the "Fifth Supplemental Indenture," and as supplemented by a Sixth Supplemental Indenture by and between the Successor Agency and the Trustee dated as of , 2016 (the "Sixth Supplement," and together with the Fifth Supplement and the Original Indenture as amended and supplemented, the "Indenture"), the proceeds of which will be used to refund all or portion of certain bonds and indebtedness of the Successor Agency as more fully described herein. The Bonds will be payable from and secured by, designated property tax revenues (formerly tax increment revenues) related to the Rancho Redevelopment Project, which will consist of moneys deposited, from time to time, in the Redevelopment Property Tax Trust Fund, described herein, established under the Dissolution Act, defined below, but exclude those amounts which were, prior to the Dissolution Act, required to P388 be deposited into the Former Agency's Low and Moderate Income Housing Fund to the extent required to pay debt service on existing Housing Obligations, defined herein, and excluding amounts payable as pass-through obligations, described herein, as provided in the California Health and Safety Code as more fully described herein. Collectively, such tax increment revenues subject to a pledge under the Indenture are referred to herein as "Tax Revenues." See "SECURITY FOR THE BONDS." The issuance of the Series 2016 Bonds was subject to review and approval under the Dissolution Act of the Successor Agency's Oversight Board, as described below, and the Department of Finance of the State of California (the "State Department of Finance"). All such approvals have been obtained. See "THE RANCHO CUCAMONGA SUCCESSOR AGENCY." The Oversight Board for the Successor Agency approved the issuance of the Series 2016 Bonds by the Successor Agency by resolution adopted on July 21, 2016 (the "Oversight Board Resolution"). The Department of Finance of the State of California released its letter approving the Oversight Board Resolution approving the issuance of the Bonds on , 2016. See Appendix H —"STATE DEPARTMENT OF FINANCE DETERMINATION LETTER APPROVING THE BONDS." The City and the Successor Agency The City. . The City of Rancho Cucamonga (the "City") is located in the foothills of the Los Angeles - San Bernardino Basin in the western portion of San Bernardino County, approximately 40 miles east of the City of Los Angeles and 18 miles west of the City of San Bernardino. The City covers approximately 40.2 square miles and is bordered by Ontario on the south, Upland on the west and Fontana to the east; to the north are Cucamonga Peak and Mount Baldy. The City was incorporated on November 30, 1977, as a general law city operating under the council-manager form of government. It is governed by a five -member City Council (the "Council"), which includes a Mayor who is elected at large for a four-year term, and four Council Members are elected at large for staggered four-year terms. The Council appoints the City Manager and the City Attorney. The City Manager is responsible for the daily administration of City affairs and for implementing Council policy and program decisions. The estimated population of the City was 175,251 as of January 1, 2016. The City has several planned unit developments which emphasize a variety of housing types and public services, which are represented by varied lot sizes and high quality construction for residences and ample open space for public recreation. Homes within the City sell for higher prices among major inland cities. The City's government, retail, office and manufacturing centers also emphasize a prosperous and well -organized look and urban ambience. Location is one of the City's principal advantages. Major ground transportation routes in and out of Southern California and the LA/Ontario International Airport are nearby. Retail, office, civic and cultural uses are contained in Victoria Gardens and it is home to sought-after retail tenants that had previously served inland cities from outlets in Southern California's coastal counties. Community venues include an adult sports complex, community center, cultural center, senior center, two libraries, and over 150 miles of hiking, biking and equestrian trails which have attracted families to live in the City. For certain information with respect to the City, see APPENDIX B — "GENERAL INFORMATION CONCERNING THE CITY OF RANCHO CUCAMONGA." The Successor Agency. As described below, the Successor Agency has succeeded to certain rights of the Former Agency. The Former Agency was organized by the Council of the City in 1981, to exercise the powers granted by the California Community Redevelopment Law (Sections 33000 et seq. of the California Health and Safety Code) (the "Redevelopment Law"). Pursuant to the Dissolution Act, redevelopment agencies in California, including the Former Agency, were dissolved, and with certain exceptions, may no longer conduct redevelopment activities. The Successor Agency, however, is authorized to continue to refinance existing bonds in order to achieve a savings in debt service. See "—The Project Area" below. See also "THE RANCHO CUCAMONGA SUCCESSOR AGENCY" P389 for a discussion of the Dissolution Act, the formation of the Successor Agency and the current powers and limitations thereon, of the Successor Agency. Pursuant to the Dissolution Act, the City has elected to serve as the Successor Agency. However, the Dissolution Act expressly clarifies that the City and the Successor Agency are separate public entities. None of the liabilities of the Former Agency are transferred to the City by the virtue of the City's election to serve as the Successor Agency. The Project Area The Redevelopment Plan for the Project Area was adopted by the City Council on December 23, 1981. The Project Area represents approximately 33% of the City's total acreage. See "THE RANCHO REDEVELOPMENT PROJECT." Under the Dissolution Act, the Bonds are secured by a pledge of, and payable from a portion of the moneys deposited from time to time in a Redevelopment Property Tax Trust Fund held and administered by the Office of the Auditor Controller of the County of San Bernardino (the "County Auditor -Controller") with respect to the Successor Agency (the "Redevelopment Property Tax Trust Fund" or "RPTTF"). DISCUSSIONS HEREIN REGARDING TAX REVENUES NOW REFER TO THOSE MONEYS DEPOSITED BY THE COUNTY AUDITOR -CONTROLLER INTO THE REDEVELOPMENT PROPERTY TAX TRUST FUND EQUAL TO SUCH TAX REVENUES. The Dissolution Act authorizes the issuance of bonds by a successor agency to refund bonds previously issued by a former redevelopment agency, which bonds may be secured by a pledge of property tax increment with the same legal effect as if the refunding bonds had been issued prior to the Dissolution Act, in full conformity with the applicable provisions of the Redevelopment Law that existed prior to that date. See "SECURITY FOR THE BONDS — Security for the Bonds." Terms of the Bonds The Bonds will be issued in denominations of $5,000 and any integral multiple thereof (the "Authorized Denominations"). The Bonds will be dated their date of delivery and are payable with respect to interest semiannually each March 1 and September 1, commencing on March 1, 2017. The Bonds will be delivered in fully -registered form only, and when delivered, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"). DTC will act as securities depository for the Bonds. Ownership interests in the Bonds may be purchased in book -entry form only. Principal of and interest on the Bonds will be paid by the Trustee to DTC or its nominee, which will in turn remit such payments to its Participants (defined herein) for subsequent disbursement to the Owners of the Bonds. See APPENDIX E — "DTC AND THE BOOK ENTRY SYSTEM" attached hereto. The Bonds are subject to redemption prior to maturity, as described herein. See "THE BONDS — Redemption of the Bonds" herein. Security for the Bonds Prior to the enactment of the Dissolution Act, the Redevelopment Law authorized the financing of redevelopment projects through the use of tax increment revenues. This method provided that the taxable valuation of the property within a redevelopment project area on the property tax roll last equalized prior to the effective date of the ordinance which adopts the redevelopment plan becomes the base year valuation. Assuming the taxable valuation never drops below the base year level, the taxing agencies in the Project Area thereafter received that portion of the taxes produced by applying then current tax rates to the base year valuation, and the redevelopment agency was allocated the remaining portion produced by applying then current tax rates to the increase in valuation over the base year. Such incremental tax revenues allocated to a redevelopment agency were authorized to be pledged to the payment of agency obligations. P390 The Bonds will be limited obligations of the Successor Agency and are payable, as to interest thereon and principal thereof, exclusively from the Tax Revenues under the Indenture, and the Succesor Agency is not obligated to pay them except from such Tax Revenues. The Bonds are payable as set forth in the Indenture, are not a debt of the City, the County, the State of California or any other political subdivision of the State (except the Successor Agency, to the extent described herein), and neither the City, the State, the County nor any of the State's other political subdivisions (except the Successor Agency, to the extent described herein) is liable therefor, nor in any event shall the Bonds be payable out of any funds or properties other than those of the Successor Agency pledged therefor as provided in the Indenture. APPENDIX D — "SUMMARY OF CERTAIN PROVISIONS OF THE LEGAL DOCUMENTS" attached hereto. Outstanding Parity Debt. In 2014, the Successor Agency issued its $174,050,000 Rancho Redevelopment Project Area Tax Allocation Refunding Bonds, Series 2014, currently outstanding in the amount of $162,030,000 pursuant to the Fifth Supplement and the Original Indenture (the "2014 Bonds"), which 2014 Bonds are payable on a parity with the Series 2016 Bonds. Additional Debt. As more fully described under "SECURITY FOR THE BONDS," the Agency may issue or incur additional obligations on a parity with the pledge of the Tax Revenues securing the Bonds if certain conditions are met under the Indenture and the Dissolution Act. The Successor Agency will not be permitted to issue any obligations with a lien senior to the lien of the Bonds. Outstanding Housing Obligations. As more fully described under "SECURITY FOR THE BONDS — Security for the Bonds," the Successor Agency has certain obligations outstanding which are payable from amounts that, prior to the Dissolution Act, would have been deposited into the Former Agency's Low and Moderate Income Housing Fund. See "ESTIMATED REVENUES AND BOND RETIREMENT" herein. Reserve Fund. In order to further secure the payment of the principal of and interest on the Bonds, a Reserve Account in the Special Fund is established under the Indenture in an amount equal to the Reserve Requirement. See, "SECURITY FOR THE BONDS — Funds and Accounts." The Successor Agency will deposit such amounts which satisfy the Reserve Requirement, defined below, in a separate sub -account of the Reserve Fund available solely for the payment of debt service on the Bonds. Application for Municipal Bond Insurance The Successor Agency has applied for a municipal bond insurance policy (the "Policy") and a debt service reserve fund insurance policy (the "Reserve Policy") and will decide whether to purchase any such policy and/or surety bond in connection with the offering of the Bonds. Such information will be released prior to offering the Bonds and will be included in the Official Statement. Professionals Involved in the Offering Wells Fargo Bank, N.A., Los Angeles, California, will act as trustee with respect to the Bonds under the Indenture. Fieldman Rolapp & Associates, Inc., Irvine, California, has acted as Financial Advisor to the Agency in the structuring and presentation of the financing. HdL Coren & Cone, Diamond Bar, California, has acted as Fiscal Consultant to the Agency and has prepared an analysis of taxable values and tax increment revenues in the Project Area. See "APPENDIX A — REPORT OF FISCAL CONSULTANT" herein. All proceedings in connection with the issuance of the Bonds are subject to the approval of Best Best & Krieger LLP, Riverside, California, Bond Counsel. Best Best & Krieger LLP is acting as Disclosure Counsel. Jones Hall, A Professional Law Corporation, will be acting as counsel to the Underwriter. Richards Watson & Gershon, A Professional Corporation, will pass on certain matters for the Agency as its general counsel. The P391 fees and expenses of the [Financial Advisor] and Underwriter's Counsel are contingent upon the sale and delivery of the Bonds. Continuing Disclosure With respect to continuing disclosure, the Agency will prepare and provide annual updates of the information contained in the tables included in this Official Statement with respect to property tax revenues, collections, any material delinquencies, principal taxpayers, and plan limit calculations and notices of enumerated events and all other remaining annual information required under the Continuing Disclosure Certificate. The Agency will act as Dissemination Agent and will file the annual reports and notices with the Municipal Securities Rulemaking Board (the "MSRB") through its Electronic Municipal Market Access system ("EMMA"). See the caption "OTHER INFORMATION — Continuing Disclosure" and "APPENDIX G - FORM OF CONTINUING DISCLOSURE CERTIFICATE." Reference to Underlying Documents Brief descriptions of the Bonds, the Indenture, the County, the Successor Agency, the Rancho Redevelopment Project and other related information are included in this Official Statement. Such descriptions and information do not purport to be comprehensive or definitive. The summaries of and references to all documents, statutes, reports and other instruments referred to herein is qualified in its entirety by reference to such document, statute, report or instrument, copies of which are all available for inspection at the offices of the Agency. Certain capitalized terms used and not defined herein shall have the meaning given to those terms in APPENDIX D — "SUMMARY OF CERTAIN PROVISIONS OF THE LEGAL DOCUMENTS" attached hereto. P392 PLAN OF FINANCE The Bonds are being issued (i) to refinance the Prior Bonds as more fully described below, (ii) to satisfy the Reserve Requirement for the reserve account for the Bonds, and (iii) to pay costs of issuance of the Bonds, [which may include the premium for the municipal bond insurance policy and surety bond premium]. See "ESTIMATED SOURCES AND USES OF FUNDS" herein. The Former Agency previously issued its $73,305,000 original principal amount of Rancho Redevelopment Project Housing Set -Aside Tax Allocation Bonds 2007 Series A (the "Prior Bonds") currently outstanding in the amount of $64,895,000. The Prior Bonds were issued pursuant to an Indenture, dated as of December 1, 2007 (the "Prior Indenture"). The Prior Bonds were issued on a parity with other Housing Obligations defined herein. The Bonds issued to refund the Prior Bonds will be payable on a parity with the 2014 Bonds. On the date of issuance of the Bonds, a portion of the proceeds will be transferred to the Trustee for deposit into the escrow fund established for the Prior Bonds, under an Escrow Deposit and Trust Agreement, between the Successor Agency and Wells Fargo Bank, N.A., as escrow bank (the "Escrow Bank"). The amount deposited in the escrow fund for the Prior Bonds (the "Escrow Fund"), together with other available moneys, will be invested in certain federal securities and irrevocably pledged for the payment of the related 2007A Bonds on their date of redemption. The amounts held and invested by the Escrow Bank in the Escrow Fund are pledged solely to the payment of amounts due and payable by the Agency under the Prior Indenture with respect to the Prior Bonds. Neither the funds deposited in the escrow fund for the Prior Bonds nor the interest on the invested funds will be available for the payment of debt service on the Bonds. See "ESTIMATED SOURCES AND USES OF FUNDS" below. P393 ESTIMATED SOURCES AND USES OF FUNDS Set forth below are the estimated sources and uses of proceeds of the Bonds. (1) Sources: Par Amount of Bonds Funds Relating to Prior Bonds Net Original Issue Premium (Discount) TOTAL SOURCES: Uses: Costs of Issuance Deposit to Escrow Fund TOTAL USES: Includes Underwriter's Discount, legal fees, printing, rating agency fees and expenses, fees of the Financial Advisor, fees of the Fiscal Consultant, municipal bond insurance premiums, if any, surety bond premiums, if any, and other issuance costs of the Bonds. ANNUAL DEBT SERVICE REQUIREMENTS OF THE BONDS The following table provides the annual debt service requirements of the Bonds. Year Ending (September 11 Principal Interest Debt Service 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 P394 THE BONDS General P395 The Bonds will be dated as of the date of original delivery (the "Closing Date"), will bear interest at the rates per annum and will mature on the dates and in the amounts set forth on the inside cover page hereof. The Bonds will be issued in fully registered form, without coupons, in the denomination of $5,000 each or any integral multiple thereof. Interest on the Bonds is payable semiannually on March 1 and September 1 of each year, commencing March 1, 2017 (each an "Interest Payment Date"). Principal of and premium, if any, on the Bonds is payable upon the surrender thereof at the corporate trust office of the Trustee in Los Angeles, California. Interest will be paid by check of the Trustee mailed by first class mail, postage prepaid, on each Interest Payment Date to the registered owners as of the fifteenth day of the month preceding the Interest Payment Date (the "Record Date"). At the written request of an Owner of the Bonds in an aggregate principal amount of at least $1,000,000, which written request is on file with the Trustee as of any Record Date, interest on the applicable Bonds shall be paid on each succeeding Interest Payment Date by wire transfer in immediately available funds to such account within the United States of America as shall be specified in such written request (any such written request shall remain in effect until rescinded in writing by the Owner). The principal of and premium (if any) on the Bonds shall be payable in lawful money of the United States of America by check or draft of the Trustee upon presentation and surrender thereof at the Office of the Trustee. Notwithstanding the foregoing, while the Bonds are held in the book -entry only system of DTC, all such payments of principal, interest and premium, if any, will be made to Cede & Co. as the registered owner of the Bonds, for subsequent disbursement to Participants and beneficial owners. See "APPENDIX E — DTC AND THE BOOK -ENTRY SYSTEM." Redemption of the Bonds* The Bonds maturing on or after September 1, may be called before maturity and redeemed at the option of the Successor Agency, in whole or in part, from any source of funds, on any date on or after September 1, , among maturities at the discretion of the Successor Agency and by lot within a maturity. Bonds called for redemption will be redeemed at a redemption price equal to the principal amount of Bonds to be redeemed plus accrued interest to the redemption date, without premium. Notice of Redemption; Rescission Notice of redemption shall be given by the Trustee for and on behalf of the Successor Agency, not less than 30 nor more than 60 days prior to the redemption date by first class mail or such other acceptable means to each of the Owners designated for redemption at their addresses appearing on the Bond registration books of the Trustee on the date such Bonds are selected for redemption. Each notice of redemption shall (a) state the redemption date; (b) state the redemption price; (c) state the place or places of redemption; (d) state the CUSIP numbers of the Bonds to be redeemed, the individual number of each Bond to be redeemed or that all Bonds between two stated numbers (both inclusive) or that all of the Bonds are to be redeemed and, in the case of Bonds to be redeemed in part only, the respective portions of the principal amount thereof to be redeemed; (e) state that on the redemption date there will become due and payable on each Bond the redemption price thereof and that from and after such redemption date interest thereon shall cease to accrue; and (f) require that such Bonds be then surrendered, with a written instrument of transfer duly executed by the Owner thereof or by his attorney duly authorized in writing if payment is to be made to a Person other than the Owner. The Successor Agency shall have the right to rescind any optional redemption notice by written notice to the Trustee on or prior to the date fixed for redemption. Any notice of optional redemption shall be cancelled and annulled if for any reason funds will not be or are not available on the date fixed for redemption for the payment in full of the Bonds then called for redemption, and such cancellation shall not constitute an Event of Default under the Indenture. The Successor Agency and the Trustee shall have no liability to the Owners or any * Preliminary, subject to change. P396 other party related to or arising from such rescission of redemption. The Trustee shall mail notice of such rescission of redemption in the same manner as the original notice of redemption was sent. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall, to the extent practicable, bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. Effect of Redemption From and after the date fixed for redemption, if funds available for the payment of the principal of and interest (and premium, if any) on the Bonds so called for redemption shall have been duly provided, such Bonds so called shall cease to be entitled to any benefit under the Indenture, other than the right to receive payment of the redemption price, and no interest shall accrue thereon from and after the redemption date specified in such notice. All Bonds redeemed or purchased pursuant to such Indenture shall be canceled by the Trustee. SECURITY FOR THE BONDS Limited Obligations P397 The Bonds will be limited obligations of the Agency and are payable, as to interest thereon and principal thereof, exclusively from the Tax Revenues, and funds on deposit in certain funds and account established under the Indenture, and the Agency is not obligated to pay such principal and interest except from such Tax Revenues. The Bonds are payable as set forth in the Indenture, are not a debt of the City, the County, the State of California or any other political subdivision of the State (other than the Successor Agency, to the limited extent described in the Official Statement), and neither the City, the State, the County nor any of the State's other political subdivisions are liable therefor (other than the Successor Agency, to the limited extent described in the Official Statement), nor in any event shall the Bonds be payable out of any funds or properties other than those of the Agency pledged therefor as provided in the Indenture. Tax Increment Financing Generally Prior to the Dissolution Act, the Redevelopment Law authorized the financing of redevelopment projects through the use of tax revenues. This financing mechanism provides that the taxable valuation of the property within a project area on the property tax roll last equalized prior to the effective date of the ordinance that adopts the redevelopment plan becomes the base year valuation. Thereafter, the increase in taxable valuation becomes the increment upon which taxes are levied and allocated to the applicable agency. Redevelopment agencies have no authority to levy property taxes, but must instead look to this allocation of tax increment revenues to finance their activities. Under the Redevelopment Law and Section 16 of Article XVI of the State Constitution, taxes on all taxable property in a project area levied by or for the benefit of the State, any city, county, city and county, district or other public corporation (the "Taxing Agencies") when collected are divided as follows: (i) An amount each year equal to the amount that would have been produced by the then current tax rates applied to the assessed valuation of such property within the project area last equalized prior to the effective date of the ordinance approving the redevelopment plan, plus the portion of the levied taxes in excess of the foregoing amount sufficient to pay debt service on any voter -approved bonded indebtedness of the respective Taxing Agencies incurred for the acquisition or improvement of real property and approved on or after January 1, 1989, is paid into the funds of the respective Taxing Agencies; and (ii) That portion of the levied taxes in excess of the amount described in paragraph (i) is deposited into a special fund of the applicable redevelopment agency to pay the principal of and interest on loans, moneys advanced to, or indebtedness incurred by, such agency to finance or refinance activities in or related to such project area. That portion of the levied taxes described in paragraph (ii) above, less amounts deducted pursuant to Section 34183(a) of the Dissolution Act for permitted administrative costs of the County Auditor -Controller, constitute the amounts required under the Dissolution Act to be deposited by the County Auditor -Controller into the Redevelopment Property Tax Trust Fund. In addition, Section 34183 of the Dissolution Act effectively eliminates the "on and after January 1, 1989" reference from paragraph (i) above. Low and Moderate Income Housing Set -Aside Prior to the Dissolution Act, the Redevelopment Law required generally that redevelopment agencies set aside in a low and moderate income housing fund (the "Low and Moderate Income Housing Fund") not less than 20% of all tax revenues allocated to agencies from redevelopment project areas adopted after December 31, 1976, for authorized housing purposes. This 20% set-aside requirement was eliminated by the Dissolution Act; however, the Housing Obligations, described herein, have a prior lien on the moneys that, prior to the Dissolution Act, would have been deposited into the Low and Moderate Income Housing Fund. As a result, P398 moneys that would have been deposited in the Low and Moderate Income Housing Fund prior to the passage of the Dissolution Act will be used first to pay the Housing Obligations and then will be available to pay debt service on the Bonds and any Parity Bonds, including the 2014 Bonds. Assembly Bill 1290 Assembly Bill 1290 (being Chapter 942, Statutes of 1993) ("AB 1290") was adopted by the California Legislature and became law on January 1, 1994. The enactment of AB 1290 created several significant changes in the Redevelopment Law, including time limitations for redevelopment agencies to incur and repay loans, advances and indebtedness that are repayable from tax increment revenues. See "THE RANCHO REDEVELOPMENT PROJECT" for a discussion of the time limitations. AB 1290 also established a statutory formula for sharing tax increment for project areas established, or amended in certain respects, on or after January 1, 1994, which applies to tax increment revenues net of the housing set-aside. The first 25% of net tax increment generated by the increase in assessed value after the establishment of the project area or the effective date of the amendment is required to be paid to affected taxing entities. In addition, beginning in the 1 lth year of collecting tax increment, an additional 21% of the increment generated by increases in assessed value after the tenth year must be so paid. Finally, beginning in the 31st year of collecting tax increment, an additional 14% of the increment generated by increases in assessed value after the 30th year must be so paid. Under the Law, the City is considered a taxing entity and may elect to receive its share of the required tier 1 payments. The City may not, however, receive any share of the tier 2 and tier 3 payments. The City has elected to receive its share of all tier 1 payment amounts. See "THE RANCHO REDEVELOPMENT PROJECT — Pass -Through Agreements." The tax sharing payments described above are required to be made prior to payment of debt service on bonds or loans secured by tax increment from project areas which are subject to AB 1290. Section 34177.5(c) sets forth a process by which the Successor Agency may subordinate its pass-through obligations. However, the Successor Agency has not taken any action to subordinate the statutory pass-through payments to the payment of debt service on the Bonds per the provisions of Section 34177.5(c). A more detailed discussion of existing pass-through obligations of the Successor Agency is discussed herein under "THE RANCHO REDEVELOPMENT PROJECT — Pass -Through Agreements and Statutory Tax Sharing Payments." Redevelopment Property Tax Trust Fund The Dissolution Act authorizes bonds, including the Bonds, to be secured by a pledge of moneys deposited from time to time in a Redevelopment Property Tax Trust Fund held by a county auditor -controller with respect to a successor agency which are equivalent to the tax increment revenues that were formerly allocated under the Redevelopment Law to the redevelopment agency and formerly authorized under the Redevelopment Law to be used for the financing of redevelopment projects, less amounts deducted pursuant to Section 34183(a) of the Dissolution Act for permitted administrative costs of the county auditor -controller. Successor agencies have no power to levy property taxes and must look specifically to the allocation of taxes as described below. Allocation of Taxes Subsequent to the Dissolution Act The Dissolution Act requires the County Auditor -Controller to determine the amount of property taxes that would have been allocated to the Former Agency (pursuant to subdivision (b) of Section 16 of Article XVI of the State Constitution) had the Former Agency not been dissolved pursuant to the operation of AB 26, using current assessed values on the last equalized roll on August 20, and to deposit that amount in the Redevelopment Property Tax Trust Fund for the Successor Agency established and held by the County Auditor -Controller pursuant to the Dissolution Act. The Dissolution Act provides that any bonds authorized thereunder to be issued by the Successor Agency will be considered indebtedness incurred by the dissolved Former Agency, with the same legal effect as if the bonds had been issued prior to the effective date of AB 26, in full conformity with the P399 applicable provision of the Redevelopment Law that existed prior to that date so that property tax revenues (formerly tax increment revenues) are paid to the Successor Agency in such amounts and on such dates to ensure the timely payment of debt service on the Bonds from Tax Revenues and the Housing Obligations from amounts formerly required to be deposited in the Low and Moderate Income Housing Fund. Pursuant to the Dissolution Act, the Successor Agency has covenanted to take all actions necessary to ensure that the Bonds will be included in the Successor Agency's Recognized Obligation Payment Schedules as prepared from time to time under the Dissolution Act. See "—Recognized Obligation Payment Schedules" below. Taxes levied on the property within the Project Area on that portion of the taxable valuation over and above the taxable valuation of the applicable base year property tax roll within the Project Area, to the extent they constitute tax increment revenues, less administrative costs, as described herein, will be deposited in the Redevelopment Property Tax Trust Fund for transfer by the County Auditor -Controller to the Successor Agency's Redevelopment Obligation Retirement Fund established pursuant to the Dissolution Act on January 2 and June 1 of each year to the extent required for payments listed in the Successor Agency's Recognized Obligation Payment Schedule in accordance with the requirements of the Dissolution Act. See "—Recognized Obligation Payment Schedule" below. Recognized Obligation Payment Schedule The Dissolution Act requires that successor agencies annually prepare and submit to the successor agency's oversight board and the State Department of Finance for approval, a Recognized Obligation Payment Schedule (the "Recognized Obligation Payment Schedule" or "ROPS") pursuant to which enforceable obligations (as defined in the Dissolution Act) of the successor agency are listed, together with the source of funds to be used to pay for each enforceable obligation. Submission of ROPS Schedule. Pursuant to SB 107, commencing on February 1, 2016, successor agencies were transitioned to an annual Recognized Obligation Payment Schedule process pursuant to which successor agencies are required to file Recognized Obligation Payment Schedules with the DOF and the County Auditor -Controller for approval each February 1 for the July 1 through June 30 period immediately following such February 1 commencing with the July 1, 2016 through June 30, 2017 period. Commencing January 1, 2016, successor agencies which received a Finding of Completion and the concurrence of the DOF as to the items that qualify for payment, among other conditions, may at their option, file a "Last and Final" Recognized Obligation Payment Schedule. If a Last and Final Recognized Obligation Payment Schedule were filed by the Successor Agency and it is approved by the DOF, the Last and Final Recognized Obligation Payment Schedule will be binding on all parties, and the Successor Agency will no longer submit a Recognized Obligation Payment Schedule to the DOF or the Oversight Board. In that case, the County Auditor -Controller will remit the authorized funds to the Successor Agency in accordance with the approved Last and Final Recognized Obligation Payment Schedule until each remaining enforceable obligation has been fully paid. A Last and Final Recognized Obligation Payment Schedule may only be amended twice, and only with approval of the DOF and the County Auditor -Controller. The Successor Agency has not submitted a Last and Final Recognized Obligation Payment Schedule, and does not have current plans to submit a Last and Final Recognized Obligation Payment Schedule. As defined in the Dissolution Act, "enforceable obligation" includes bonds, including the required debt service, reserve set -asides, and any other payments required under an indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency, as well as other obligations such as loans, judgments or settlements against the former redevelopment agency, any legally binding and enforceable agreement that is not otherwise void as violating the debt limit or public policy, contracts necessary for the administration or operation of the successor agency, and, under certain circumstances, amounts borrowed from the successor agency's low and moderate income housing fund. A reserve may be included on the ROPS and held by the Successor Agency when required by a bond indenture or when the next property tax allocation will be insufficient to pay all obligations due under the P400 provisions of the bonds for the next payment due in the following six-month period as provided in the Dissolution Act. Compliance with Law and Covenants of Outstanding Obligations. In the Indenture, the Successor Agency has covenanted to take all actions required under the Redevelopment Law and the Dissolution Act to include debt service on the Bonds on the ROPS. Without limiting the generality of the foregoing, the Successor Agency covenants and agrees to file all required statements and hold all public hearings required under the Dissolution Act to assure compliance by the Successor Agency with its covenants under the Indenture. Further, it promises to take all actions required under the Dissolution Act to include scheduled debt service on the Bonds, Parity Bonds and Housing Obligations, as well as any amount required under the Indenture to replenish the Reserve Account of the Special Fund, and any sub -account thereof, in the ROPS for each six-month period so as to enable the County Auditor -Controller to distribute from the Redevelopment Property Tax Trust Fund to the Agency's Redevelopment Obligation Retirement Fund on each January 2 and June 1 amounts required for the Successor Agency to pay principal of, and interest on, the Bonds, Parity Bonds and Housing Obligations coming due in the respective six-month period. These actions will include, without limitation, placing on the periodic ROPS for approval by the Oversight Board and State Department of Finance, to the extent necessary, the amounts to be held by the Successor Agency as a reserve for the next six-month period, as contemplated by paragraph (1)(A) of subdivision (d) of Section 34171 of the Dissolution Act, that are necessary to comply with the Indenture and to pay the Housing Obligations. The 2014 Bonds and Successor Agency's Recognized Obligation Payment Schedule. The Dissolution Act provides that any bonds authorized thereunder to be issued by the Successor Agency will be considered indebtedness incurred by the dissolved Former Agency, with the same legal effect as if the bonds had been issued prior to the effective date of AB 26, in full conformity with the applicable provision of the Redevelopment Law that existed prior to that date, and will be included in the Successor Agency's ROPS. Order of Priority of Disbursement from the Redevelopment Property Tax Trust Fund. Section 33607.5 and 33607.7 of the Redevelopment Law required mandatory tax sharing applicable to redevelopment projects adopted after January 1, 1994, or amended thereafter in certain manners specified in such statutes (the "Statutory Pass -Through Amounts"). The Dissolution Act requires the County Auditor -Controller to distribute from the Redevelopment Property Tax Trust Fund amounts required to be distributed for Statutory Pass -Through Amounts and any tax sharing agreements entered before January 1, 1994, to the taxing entities for each six- month period before amounts are distributed by the County Auditor -Controller from the Redevelopment Property Tax Trust Fund to the Successor Agency's Redevelopment Obligation Retirement Fund each January 2 and June 1, unless (i) pass-through payment obligations have previously been made subordinate to debt service payments for the bonded indebtedness of the Former Agency, as succeeded by the Successor Agency (see below), (ii) the Successor Agency has reported, no later than the December 1 and May 1 preceding the January 2 or June 1 distribution date, that the total amount available to the Successor Agency from the Redevelopment Property Tax Trust Fund allocation to the Successor Agency's Redevelopment Obligation Retirement Fund, from other funds transferred from the Former Agency, and from funds that have or will become available through asset sales and all redevelopment operations is insufficient to fund the Successor Agency's enforceable obligations, pass-through payments, and the Successor Agency's administrative cost allowance for the applicable six-month period, and (iii) the State Controller has concurred with the Successor Agency that there are insufficient funds for such purposes for the applicable six-month period. If the requirements stated in clauses (i) through (iii) of the foregoing paragraph have been met, the Dissolution Act provides for certain modifications in the distributions otherwise calculated to be distributed for such six-month period. To provide for calculated shortages to be paid to the Successor Agency for enforceable obligations, the amount of the deficiency will first be deducted from the residual amount otherwise calculated to be distributed to the taxing entities under the Dissolution Act after payment of the Successor Agency's enforceable obligations, pass-through payments, and the Successor Agency's administrative cost allowance (as defined in the Dissolution Act). If such residual amount is exhausted, the amount of the remaining deficiency will be deducted from amounts available for distribution to the Successor Agency for the administrative costs allowance for the applicable six-month period in order to fund the enforceable obligations. Finally, funds required for servicing bond debt may be deducted from the amounts to be distributed for contractual or statutory P401 tax sharing amounts, but only to the extent such payments are subordinate to the payment of debt service on enforceable obligations, in order to be paid to the Successor Agency for enforceable obligations, but only after the amounts described in the previous two sentences have been exhausted. The Successor Agency cannot guarantee that this process prescribed by the Dissolution Act of administering the tax increment revenues and the statutory tax sharing amounts will effectively result in adequate Tax Revenues for the payment of principal and interest on the Bonds when due. See "Recognized Obligation Payment Schedule." See also "Estimated Revenues and Debt Service" for additional information regarding the Statutory Tax Sharing Amounts applicable to the Successor Agency and the revenues derived from the Project Area. The Successor Agency has no power to levy and collect taxes, and various factors beyond its control could affect the amount of Tax Revenues available in any six-month period to pay the principal of and interest on the Bonds. See "BOND OWNERS' RISKS." Security for the Bonds The Indenture. Under the Indenture, the Tax Revenues allocated and paid to the Agency are pledged to the payment of debt service on the Bonds and Parity Bonds (subject to the lien of the tax -sharing agreements), together with moneys on deposit in the funds and accounts. See Table 5 herein showing the projected Tax Revenues, and debt service coverage on the Bonds. The Indenture defines "Tax Revenues" to mean all moneys deposited from time to time in the Redevelopment Property Tax Trust Fund as provided in Section 34183(a)(2) of the Dissolution Act, excluding (i) all other amounts which prior to the adoption of the Dissolution Act were required to be deposited into the Former Agency's Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3 and 33334.6 of the Redevelopment Law, to the extent required to pay debt service on the Housing Obligations, and (ii) amounts which are required to be paid to any other public agency under Pass -Through Agreements, or pursuant to Section 33607.7 of the Redevelopment Law, except and to the extent that any amounts so payable are payable on a basis subordinate to the payment of the Bonds and any additional Parity Debt, as applicable. If and to the extent that the provision of Section 34172 or Section 34183(a)(2) are invalidated by a final judicial decision, then Tax Revenues means all taxes annually allocated to the Agency with respect to the Project Area following the Closing Date, pursuant to Article 6 of Chapter 6 (commencing with Section 33670) of the Redevelopment Law and Section 16 of Article XVI of the Constitution of the State, or pursuant to other applicable State laws, and as provided in the Redevelopment Plan, including all payments, subventions and reimbursements (if any) to the Agency specifically attributable to ad valorem taxes lost by reason of tax exemptions and tax rate limitations and including that portion of such taxes otherwise required by Section 33334.2 of the Redevelopment Law to be deposited in the Low and Moderate Income Housing Fund of the Agency established pursuant to Section 33334.3 of the Redevelopment Law, but only to the extent necessary to repay that portion of the proceeds, if any, of any Parity Bonds (including applicable reserves and financing costs) used to increase or improve the supply of low and moderate income housing within or of benefit to the Project Area; but excluding all other amounts of such taxes required to be deposited into the Low and Moderate Income Housing Fund and excluding amounts payable to entities other than the Agency under and pursuant to pass through agreements or similar tax sharing agreements entered into pursuant to Section 33401 of the Redevelopment Law existing on the Closing Date. Pursuant to the Dissolution Act, Tax Revenues are no longer required to be deposited into the Low and Moderate Income Housing Fund previously established pursuant to Section 33334.3 of the Redevelopment Law, and accordingly Tax Revenues are reduced only by the amount required to pay debt service on the outstanding Housing Obligations. "Housing Obligations," as defined in the Indenture, means, collectively, the Former Agency's (i) the Prior Bonds which will be refunded with proceeds from the issuance of the Bonds on a parity with the 2014 Bonds, (ii) Housing Set Aside Tax Allocation Bonds Taxable 2007 Series B (the "2007B Bonds") originally issued in the principal amount of $82,315,000, currently outstanding in the amount of $62,020,000, (iii) Loan Agreement (the "1997 Loan Agreement") dated as of December 15, 1997, and as amended and restated on July 7, 2010, among the Former Agency Northtown Housing Development Corporation and Pacific Life Insurance Company (now assigned to the Bank of New York), originally issued in the amount of $9,411,477, and outstanding in the principal amount of $8,896,540 as of September 21, 2016, and (iv) Subordination Agreement P402 (1994 Pledge Agreement, as Amended) dated as of November 8, 2007, between the Former Agency and National Community Renaissance of California, representing an annual payment of $339,200 (the "Housing Pledge Agreement"). Outstanding Parity Debt. In 2014, the Successor Agency issued the 2014 Bonds which are currently outstanding in the amount of $162,030,000 and are payable from Tax Revenues on a parity with the Series 2016 Bonds. Additional Debt. As more fully described under "SECURITY FOR THE BONDS," the Agency may issue or incur additional obligations on a parity with the pledge of the Tax Revenues securing the Bonds if certain conditions are met under the Indenture and the Dissolution Act. The Successor Agency will not be permitted to issue any obligations with a lien on Tax Revenues senior to the lien of the Bonds. Subordinate Obligations. The Agency has entered into payment obligations with Bass Pro Shops and RC Family Sports, which are subordinate to the pledge of Tax Revenues. The Bass Pro Shops' obligation totals $20,900,000 and the total obligation to RC Family Sports Center is $702,400. Tax Sharing Agreements and Statutory Tax Sharing. The Agency has entered into tax -sharing agreements with taxing entities and school districts with respect to the portions of the Project Area that were adopted prior to 1994. See "The Rancho Redevelopment Project — Pass -Through Agreement" and "APPENDIX A — Report of Fiscal Consultant — Fiscal Agreements." In addition, certain sub -areas of the Project Areas are subject to the tax sharing provisions of AB 1290. Under Section 33607.5 and Section 33607.7 of the Law (added by AB 1290), any territory added to a project area after 1994 is required to share in tax increment revenues generated by such territory or changing the limitation on the date by which an agency could incur indebtedness pursuant to a statutory formula. See "THE RANCHO REDEVELOPMENT PROJECT — Statutory Tax Sharing Payments" and "APPENDIX A — Report of Fiscal Consultant — Fiscal Agreements" for a description of the Agency's obligation to make statutory tax sharing payments. Funds and Accounts The Indenture establishes the following funds and accounts: 1. The Special Fund (the "Special Fund") including the following accounts: (a) The Interest Account; (b) The Principal Account; (c) The Reserve Account; and (d) The Surplus Account. 2. The Redemption Fund (the "Redemption Fund"), in which moneys will be set aside sufficient in amount to redeem the Bonds designated for redemption in accordance with the Indenture; 3. The Rebate Account (the "Rebate Account"); 4. The Costs of Issuance Fund (the "Costs of Issuance Fund"). A more detailed description of the Funds and Accounts is as follows: The Successor Agency will pay or cause to be paid to the Trustee the Tax Revenues received from the RPTTF for debt service due in such six month period in accordance with the Dissolution Act. Tax Revenues at any time paid to the Trustee will be deposited by the Trustee into the Special Fund, will be held by the Trustee in trust for the benefit of the owners of the Bonds and will be disbursed, allocated, transferred and applied solely for the uses and purposes designated in the Indenture. P403 Special Fund. Tax Revenues will be deposited and accumulated in the Special Fund and will be used in the following priority; provided, however, that to the extent that deposits have been made in any of the accounts referred to below from the proceeds of the sale of the Bonds or otherwise, the deposits below need not be made: Interest Account. At least one Business Day prior to each Interest Payment Date, the Trustee will transfer from the Special Fund and set aside in the Interest Account an amount which, when added to the amount contained in the Interest Account will be equal to the aggregate amount of the interest becoming due and payable on the outstanding Bonds on such Interest Payment Date. No deposit need be made into the Interest Account if the amount contained therein is at least equal to the interest to become due on the next succeeding Interest Payment Date upon all of the outstanding Bonds. The Trustee will also deposit in the Interest Account any other moneys received by it from the Agency and designated in writing by the Agency for deposit in the Interest Account. All moneys in the Interest Account will be used and withdrawn by the Trustee solely for the purpose of paying the interest on the Bonds as it will become due and payable (including accrued interest on any Bonds purchased or redeemed prior to maturity pursuant to the Indenture). Principal Account. At least one Business Day prior to each Principal Payment Date, the Trustee will transfer from the Special Fund and set aside in the Principal Account an amount which, when added to the amount contained in the Principal Account will be equal to the principal becoming due and payable on the Bonds on such Principal Payment Date, whether by reason of scheduled maturity or mandatory sinking fund redemption. No deposit need be made into the Principal Account if the amount contained therein is at least equal to the principal to become due on such Principal Payment Date, whether by reason of scheduled maturity or mandatory sinking fund redemption. The Trustee will also deposit in the Principal Account any other moneys received by it from the Agency and designated in writing by the Agency for deposit in the Interest Account. All moneys in the Principal Account will be used and withdrawn by the Trustee solely for the purpose of paying the principal on the Bonds as it will become due and payable, whether by reason of scheduled maturity or mandatory sinking fund redemption. Reserve Account. The Trustee will maintain separate subaccounts within the Reserve Account for each series of Bonds issued under the Indenture. Moneys in one subaccount will secure the related series of Bonds and will not be available to pay debt service on any other series of Bonds. On each Interest Payment Date, the Trustee will withdraw from the Special Fund and deposit in the Reserve Account an amount of money that will be required to maintain in the Reserve Account an amount equal to the Reserve Requirement. No such deposit need be made to the Reserve Account so long as there will be on deposit therein an amount, or a letter of credit, surety bond, bond insurance policy or other form of guaranty from a financial institution, as described below, in a principal amount, at least equal to the Reserve Requirement. All money or letter of credit, surety bond, bond insurance policy or other form of guaranty from a financial institution, as described below, in the Reserve Account will be used and withdrawn or drawn upon, as the case may be, by the Trustee (provided that the Trustee shall use moneys in the subaccount of the Reserve Account relating to the applicable series of Bonds prior to making any demand on any surety bond held in the Reserve Account for such series of Bonds) solely for the purpose of making transfers to the Interest Account and the Principal Account, in such order, in the event of any deficiency at any time in any of such accounts with respect to amounts due on the Bonds or for the retirement of all of the Bonds, except that so long as the Agency is not in default under the Indenture, any amount in the Reserve Account in excess of an amount equal to the Reserve Requirement will be withdrawn from the Reserve Account by the Trustee on the Business Day preceding each Interest Payment Date and deposited in the Interest Account to be used to make payment on the Bonds. All amounts in the Reserve Account on the day preceding the final Principal Payment Date, except amounts represented by a letter of credit, surety bond, bond insurance policy or other form of guaranty from a financial institution, as described below, will be withdrawn from the Reserve Account and transferred to the Interest Account and the Principal Account, in such order, to the extent required to make the deposits then required to be made with respect to amounts due on the Bonds. Within each sub -account, the Trustee is further required to first use moneys in such subaccount and then any surety bond held in the Reserve Account for such series of Bonds, in that priority, solely to make payments on the Bonds. All subsequent transfers of Tax Revenues to the subaccounts in the Reserve Account are to be made on a pro rata basis. All amounts deposited into the Reserve Account to restore the amount on deposit to P404 the Reserve Requirement are to be first applied by the Trustee to the repayment of the provider of any letter of credit, surety bond, bond insurance policy or other guaranty if required to reinstate such letter of credit, surety bond, bond insurance policy or other guaranty to its full stated amount and then to the replenishment of any cash to be deposited therein. The "Reserve Requirement" is defined in the Sixth Supplement to mean the least of (i) 10% of the original issue price of the Bonds, (ii) Maximum Annual Debt Service with respect to the Bonds, or (iii) 125% of average Annual Debt Service on the Bonds; provided that the Successor Agency may meet all or a portion of the Reserve Requirement by depositing a Qualified Reserve Account Credit Instrument meeting the requirements of the Indenture. "Maximum Annual Debt Service" is defined in the Indenture to mean, as of the date of calculation, the largest amount of Annual Debt Service for the current or any future Bond Year on the Bonds. If the Successor Agency at any time in the future has cash on deposit in a Reserve Account, the Successor Agency has the right at any time to request the release of funds by the Trustee from such Reserve Account, in whole or in part, by tendering the following to the Trustee a letter of credit, surety bond, bond insurance policy or other form of guaranty from a financial institution, the long term, unsecured obligations of which are rated at the time of issuance of such instrument by either S&P or Moody's as "A" (without regard to modifier) or higher, in an amount equal to the Reserve Requirement, or in an amount, which together with cash on deposit for such purpose, if applicable, equals the Reserve Requirement, upon presentation to the Trustee of such letter of credit, surety bond, bond insurance policy or other form of guaranty from a financial institution, together with evidence, that such letter of credit, surety bond, bond insurance policy or other form of guaranty from a financial institution satisfies the rating requirement set forth above. The Reserve Account established for the Bonds is not available to pay debt service on any other series of bonds. Surplus. Except as may be otherwise provided in any Supplemental Indenture, the Agency will not be obligated to transfer to the Trustee for deposit in the Special Fund in any Bond Year an amount of Tax Revenues, which together with other available amounts in the Special Fund, exceeds the amounts required in such Bond Year. In the event that for any reasons whatsoever any amounts will remain on the deposit in the Special Fund on any September 2 after making all of the transfers theretofore required to be made pursuant to the 2 and 3 above and pursuant to any Supplemental Indenture, the Trustee will withdraw such amounts from the Special Fund and transfer such amounts to the Agency, to be used for any lawful purposes of the Agency. Redemption Fund. The Redemption Fund will be held by the Trustee. On or before the Business Day preceding any date on which the Bonds are to be redeemed, the Agency will deposit with the Trustee for deposit in the Redemption Fund an amount required to pay the principal of an premium, if any, on the Bonds to be redeemed. All moneys in the Redemption Fund shall be used and withdrawn by the Trustee solely for the purpose of paying the principal of and premium, if any, on the Bonds to be redeemed on the date set for such redemption. Rebate Account. Moneys will be deposited in the Rebate Account for the purpose of collecting the amounts required, if any, to be rebated to the United States in accordance with the requirements of Section 148) of the Internal Revenue Code of 1986, as amended (the "Code"). Section 148 of the Code requires, among other things and with certain exceptions, that any amounts earned on nonpurpose investments in excess of the amount which would have been earned if such investments were made at a rate equal to the yield on the Bonds be rebated to the United States. Municipal Bond Debt Service Reserve Insurance Policy. Concurrently with the issuance of the Bonds, (" ") will issue its Municipal Bond Debt Service Reserve Insurance Policy for the Bonds (the "Reserve Policy"). The Reserve Policy is being issued in the amount of the Reserve Requirement as defined in this Official Statement. P405 is also issuing a municipal bond insurance policy for the Insured Bonds, but is not providing municipal bond insurance for the Uninsured Bonds. Information regarding is discussed herein under "MUNICIPAL BOND INSURANCE — " Rating agencies have downgraded or withdrawn the ratings on the claims -paying ability and financial strength of most of the nation's bond insurance companies, including the provider of the Reserve Policy described above. Further deterioration in the financial condition of the providers of the Reserve Policy or a failure to honor a draw by any provider under its Reserve Policy could occur. The Successor Agency is not required under the Indenture to replace a Reserve Policy with cash or a replacement instrument in the event the ratings of its provider decline or are withdrawn. If circumstances should ever cause a Reserve Policy to be canceled or discharged, such cancellation or discharge could be determined to create a deficiency in the Reserve Requirement previously satisfied by such Reserve Policy. Under the Indenture, in the event that the amount on deposit in the Reserve Account is less than the Reserve Requirement, the Successor Agency is required to transfer to the Trustee an amount of available Tax Revenues sufficient to maintain the amount in the Reserve Account at the Reserve Requirement. Should the amount of Tax Revenues then available to maintain the Reserve Account at the applicable Reserve Requirement be insufficient for such purpose, such insufficiency would not result in an event of default under the Indenture, but the requirement of the Successor Agency to transfer available Tax Revenues to the Trustee would continue. Issuance of Parity Bonds. The Agency has covenanted to not issue any obligations payable from moneys deposited into the RPTTF on a senior basis to the Bonds. The Indenture provides that the Successor Agency may issue or incur Parity Bonds for the purpose of refinancing the Housing Obligations or the Bonds subject to the conditions summarized in part below. See APPENDIX D "Summary of Certain Provisions of the Legal Documents" — "The Indenture" — "Issuance of Parity Bonds" for a more complete description of the conditions precedent to the issuance or incurrence of Parity Bonds. (a) (i) The issuance of the proposed Parity Bonds will meet the requirements of Section 34177.5 of the Dissolution Act, and (ii) if the holder of any Parity Bonds is a commercial bank, savings bank, savings and loan association or other financial institution which is authorized by law to accept and hold deposits of money or issue certificates of deposit, and which purchases the Parity Bonds directly from the Agency, such holder must agree to waive any common law or statutory right of setoff with respect to any deposits of the Successor Agency maintained with or held by such holder. (b) The Successor Agency shall certify that the principal of and interest on the Bonds, any Parity Bonds (including the Parity Bonds to be incurred), Housing Obligations and Subordinate Debt (discussed below) coming due and payable in each year that the Parity Bonds will be outstanding will not exceed the annual tax increment revenues permitted under the annual tax increment Plan Limit after taking into account amounts described in clause (ii) of the definition of Tax Revenues that will be subject to the annual limit, to the extent such Plan Limit is applicable. (c) In the event the Successor Agency issues Parity Bonds pursuant to a Supplemental Indenture supplemental hereto, the Successor Agency may fund a subaccount of the Reserve Account according to such parity debt instrument. (d) The Successor Agency shall deliver to the Trustee a certificate of the Successor Agency certifying that the conditions precedent to the issuance of such Parity Bonds set forth in clauses (a), (b), and (c) above have been satisfied. Issuance of Agency Subordinate Debt. The Indenture provides that the Agency may issue or incur debt for any lawful purpose payable on a basis subordinate to the Bonds ("Subordinate Debt") in such principal amount as shall be determined by the Agency. P406 Events of Default The following events constitute Events of Default under the Indenture: 1. if default shall be made in the due and punctual payment of the principal of or interest or redemption premium (if any) on any Bond when and as the same shall become due and payable, whether at maturity as therein expressed, by declaration or otherwise; 2. if default shall be made by the Agency in the observance of any of the covenants, agreements or conditions on its part in the Indenture or in the Bonds contained, other than a default described in the preceding clause (a), and such default shall have continued for a period of sixty (60) days following the receipt by the Agency of written notice from the Trustee or any Bondowner of the occurrence of such default; provided, however, that if in the reasonable opinion of the Agency the failure stated in such notice can be corrected, but not within such sixty (60) -day period, the Trustee shall not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the Agency within such sixty (60) -day period and diligently pursued until such failure is corrected; or 3. if the Agency shall file a petition or answer seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law of the United States of America, or if a court of competent jurisdiction shall approve a petition, filed with or without the consent of the Agency, seeking reorganization under the federal bankruptcy laws or any other applicable law of the United States of America, or if, under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the Agency or of the whole or any substantial part of its property; or 4. the receipt of the Trustee of notice from the Insurer that an event of default has occurred under the Financial Guaranty Agreement pursuant to which the Insurer has delivered the Surety Bond. If an Event of Default has occurred and is continuing, the Trustee may (but only with the consent of the Insurer), and if requested in writing by the Owners of a majority in aggregate principal amount of the Bonds then Outstanding the Trustee shall (but only with the consent of the Insurer), (a) declare the principal of the Bonds, together with the accrued interest thereon, to be due and payable immediately, and upon any such declaration the same shall become immediately due and payable, anything in the Indenture or in the Bonds to the contrary notwithstanding, and (b) exercise any other remedies available to the Trustee and the Bondowners in law or at equity. This provision, however, is subject to the condition that if, at any time after the principal of the Bonds shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys due shall have been obtained or entered, the Agency shall deposit with the Trustee a sum sufficient to pay all principal on the Bonds matured prior to such declaration and all matured installments of interest (if any) upon all the bonds, with interest on such overdue installments of principal and interest at the net effective rate then borne by the Outstanding Bonds, and the reasonable expenses of the Trustee, and any and all other defaults known to the Trustee (other than in the payment of principal of and interest on the Bonds due and payable solely by reason of such declaration) shall have been made good or cured to the satisfaction of the Trustee or provision deemed by the Trustee to be adequate shall have been made therefor, then, and in every such case, the Owners or at least a majority in aggregate principal amount of the Bonds then Outstanding, by written notice to the Agency and to the Trustee, may, on behalf of the Owners of all of the Bonds, rescind and annul such declaration and its consequences. However, no such rescission and annulment shall extend to or shall affect any subsequent default, or shall impair or exhaust any right or power consequent thereon. P407 MUNICIPAL BOND INSURANCE [To Come] THE RANCHO CUCAMONGA SUCCESSOR AGENCY The Agency P408 As described below, the Successor Agency was established by the City Council following the dissolution of the Former Agency pursuant to the Dissolution Act. Set forth below is a discussion of the history of the Former Agency and the Successor Agency, the governance and operations of the Successor Agency and its powers under the Redevelopment Law and the Dissolution Act, and the limitations thereon. General The Former Agency was established pursuant to the Law and Ordinance No. 145 of the City Council of the City (the "City Council") adopted on May 20, 1981, activating the Former Agency. The Former Agency approved the proposed Redevelopment Plan pursuant to Resolution No. RA 81-14 on December 16, 1981. On December 23, 1981, the Council approved the Redevelopment Plan for the Rancho Redevelopment Project (the "Redevelopment Plan") and established limits on bonded indebtedness and tax increment. The Redevelopment Plan was amended pursuant to Ordinance No. 316A adopted on August 13, 1987, Ordinance No. 537 adopted on November 16, 1994, Ordinance No. 657 adopted on June 20, 2001, Ordinance No. 674 adopted on January 16, 2002, and Ordinance No. 777 adopted on June 6, 2007. The purpose of the Redevelopment Plan is to eliminate existing conditions which cause a reduction or lack of proper utilization of land within the Project Area so that it will no longer constitute a serious physical, social or economic burden. Members of the City Council declared themselves to be members of the Former Agency. AB 1X 26. As a result of AB 1X 26 and the decision of the California Supreme Court in the California Redevelopment Association case, as of February 1, 2012, all redevelopment agencies in the State were dissolved, including the Former Agency, and successor agencies were designated as successor entities to the former redevelopment agencies to expeditiously wind down the affairs of the former redevelopment agencies and also to satisfy "enforceable obligations" of the former redevelopment agency. Pursuant to Resolution No. 12-001 (the "Establishing Resolution") adopted by the City Council on January 11, 2012, and Sections 34171(j) and 34173 of the Dissolution Act, the City Council elected to become the Successor Agency. On June 27, 2012, AB 1X 26 was amended by AB 1484, which clarified that successor agencies are separate political entities and that the successor agency succeeds to the organizational status of the former redevelopment agency but without any legal authority to participate in redevelopment activities except to complete the work related to an approved enforceable obligation. The Dissolution Act expressly clarifies that the City and the Successor Agency are separate public entities. None of the liabilities of the Former Agency are transferred to the City by the virtue of the City's election to serve as the Successor Agency. The present members of the City Council are as follows: L. Dennis Michael, Mayor, term expires 2018 Sam Spagnolo, Mayor Pro Tem, term expires 2016 William J. Alexander, Council Member, term expires 2018 Lynne Kennedy, Council Member, term expires 2016 Diane Williams, Council Member, term expires 2018 The Successor Agency has one project area: The Rancho Redevelopment Project (see "THE RANCHO REDEVELOPMENT PROJECT"). As discussed below, many actions of the Successor Agency are subject to approval by an "oversight board" and the review or approval by the California Department of Finance, including the issuance of bonds such as the Bonds. P409 Oversight Board The Oversight Board is governed by a seven -member governing board, with a member appointed by the Fire District, two members appointed by the City, two members appointed by the County, one member appointed by Etiwanda School District, and one member appointed by Chaffey Community College. The Oversight Board has fiduciary responsibility to the holders of enforceable obligations and the taxing entities that benefit from the distributions of property tax and other revenue. The Oversight Board will oversee the "winding down" process of the Rancho Cucamonga Redevelopment Agency and meets on an as -needed basis throughout the year. For example, the establishment of each ROPS must be first approved by the Oversight Board. The issuance of bonds, such as the Bonds, is subject to the approval of the Oversight Board. All actions of the Oversight Board are subject to review by the California State Department of Finance (the "State Department of Finance" or the "DOF"). Certain Successor Agency matters are also subject to review by the County Auditor -Controller and the State Controller. The Dissolution Act provides that, starting July 1, 2018, the current Oversight Board will be replaced, such that there will be only one oversight board for all of the successor agencies in the County. Financial Statements The Successor Agency does not maintain separate audited financial statements, but is a separate component of the City for financial reporting. The City's audited financial statements for the fiscal year ended June 30, 2015 (the "FY 2014-15 City Audit Financials"), are included as Appendix A to this Official Statement. The City has not requested nor did the City obtain permission from the Auditor to include the audited financial statement as an appendix to this Official Statement. Accordingly, the auditor has not performed any post audit review of the financial conditions and operations of the City. The inclusion of Successor Agency's financial transactions in the FY 2014-15 City Audit Financials is solely for convenience. As previously discussed in this Official Statement, the Dissolution expressly clarifies that the Successor Agency is a separate legal entity from the City. The assets and liabilities of the Successor Agency are not assets and liabilities of the City. As of the date of this Official Statement, the City plans to include the financial transactions of the Successor Agency as part of the City's audited financial statements for fiscal year 2015-16 and subsequent years. Department of Finance Finding of Completion Pursuant to the Dissolution Act, the Successor Agency was required to retain independent accountants to conduct two reviews, known as due diligence reviews (each, a "DDR"): one for the Low and Moderate Income Housing Fund and the other for all of the other funds and accounts (the "Other Funds"). The purpose of the DDRs was to determine the unobligated balance (the "Unobligated Balance"), if any, of the Low and Moderate Income Housing Fund and the Other Funds, as of June 30, 2012, so that such Unobligated Balance would be distributed to the taxing agencies. Pursuant to the general procedure for determining the Unobligated Balance set forth in the Dissolution Act, legally restricted funds (including bond proceeds), value of assets that are not cash or cash equivalents (such as land and equipment) and amounts that are needed to satisfy obligations listed as approved ROPS were excluded from the Unobligated Balance. With respect to each DDR, the Successor Agency was required to submit such DDR, after review and approval by the Oversight Board, to the DOF. The DOF issued its final determination regarding the Successor Agency's DDR for the Housing Fund on December 21, 2012, having determined that the Successor Agency's Housing Fund Unobligated Balance available for distribution to the taxing agencies was $31,222,675. The DOF issued its final determination regarding the DDR for the Other Funds on June 6, 2013, having determined that the Successor Agency's Non -Housing Funds Unobligated Balance available for distribution to the taxing agencies was $153,199,137. The Successor Agency has remitted such sums to the County Auditor -Controller. P410 Because the Successor Agency has made the remittances required by the DOF's final determination concerning the DDRs, as well as certain other amounts previously required to be remitted pursuant to the Dissolution Act, the DOF issued a "Finding of Completion" to the Successor Agency on June 7, 2013. Upon receipt of such Finding of Completion, the Successor Agency is authorized to proceed with actions permitted under certain provisions of the Dissolution Act, such as the submission of a Long Range Property Management Plan relating to the disposition of Agency -owned real properties. The Successor Agency submitted its Long Range Property Management Plan to DOF on November 13, 2013, and such plan was approved on January 17, 2014. There are no material disagreements between the Successor Agency and the County Auditor Controller's Office or the Department of Finance. State Controller Asset Transfer Review The Dissolution Act requires that the State Controller conduct a review of the activities of each former redevelopment agency and determine if such redevelopment agency transferred assets to a city, county or other local agency after January 1, 2011. If such an asset transfer did occur and the government agency that received the assets is not contractually committed to a third party for the expenditure or encumbrance of those assets, to the extent not prohibited by state and federal law, the State Controller must order the available assets to be returned to the relevant successor agency. The State Controller's Office has completed such an asset transfer review with respect to the Successor Agency. The State Controller's Office made two findings in its report dated February 13, 2013. First, there were two transfers, valued at $670,426, by the Former Agency to the City during the period between January 1, 2011 and January 31, 2012, and the City was ordered to return the assets to the Successor Agency. Second, nine properties owned by the Former Agency have been transferred to the Successor Agency on the Successor Agency's accounting records; however these real property transfers were incomplete because they have not been reflected in the records of the County Recorder's office. The State Controller, therefore, ordered the Successor Agency to complete such transfers. The Successor Agency has complied with the State Controller's orders. THE RANCHO REDEVELOPMENT PROJECT General P411 The Project Area encompasses an irregularly bounded area of approximately 8,500 acres. The Project Area encompasses approximately 33 percent of the total acreage of the City. The northern portion of the Project Area contains two planned communities of approximately 3,196 acres. The southern portion of the Project Area contains a portion of the Industrial Specific Plan of approximately 4,155 acres. The remaining area within the Project Area includes parcels which follow the major east/west arterial of Foothill Boulevard. Land use within this area are largely devoted to commercial and office uses with scatter sites of vacant land. The following table shows the ten largest property owners within the Project Area. TABLE 1 SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY Rancho Redevelopment Project Area 10 Largest Property Owners by Assessed Value (Fiscal Year 2016/17) Pro erty Owner 1. Rancho Mall LLCM 2. Prologis Califomia I LLC/Catellus 3. Homecoming I, IV & V at Terra Vista LLC(2) 4. Frito Lay North America Inc. 5. T-NAPF Meritage Ownership LLC') 6. WNG Rancho Cucamonga 496 LLC 7. EQR-Fanwell 2007 LP 8. RREEF America REIT II Corp.') 9. Teachers Insurance and Annuity Assoc.(') 10. Goodman Rancho SPE LLC Totals Total Assessed Values: Incremental Assessed Value: (1) (2) Pronertv Uses Regional Retail Shopping Center Distribution/Industrial Buildings Residential Townhome Rental Units Snack Food Manufacturing & Distribution AMLI on Day Creek Apartments Ironwood at Empire Lakes Apartments The Reserve at Empire Lakes Apartments Waterbrook Apartments Distribution/Industrial Buildings Goodman Logistics Center/Distribution Facility Assessed Value $ 256,374,242 Percent of Project Taxable Value 2.46% Percent of Project Incremental Value 2.53% 126,824,696 1.22 1.25 124,407,867 1.19 1.23 122,238,821 1.17 1.21 122,192,990 1.17 1.21 104,990,488 1.01 1.04 102,607,760 0.98 1.01 100,007,000 0.96 0.99 90,568,564 0.87 0.89 88,688,176 0.85 0.87 1,238,900,604 $10,436,436,835 11.87% $10,137,518,824 12.22% Pending assessed value appeals. See "Assessed Value Appeals," for a summary of pending appeals in the Project Area, including appeals filed by four of the ten property owners listed above. There is a pending reassessment of the parcels for the 2016-17 assessment roll. See "THE RANCHO REDEVELOPMENT PROJECT — Assessed Valuation — Pending Reassessment," herein. Source: San Bernardino County Assessor, Secured Roll; HdL Coren & Cone. P412 PROJECT AREA MAP P413 Senior Pass -Through Agreements Under redevelopment law existing at the time of a redevelopment agency's plan adoption, taxing jurisdictions that would experience a fiscal burden due to the existence of the redevelopment plan could enter into fiscal agreements with redevelopment agencies to alleviate that burden. Such agreements, known as Section 33401 fiscal, or pass-through, agreements, generally provide for redevelopment agencies to pay to a taxing entity some or all of that entity's share of the tax increment received by the agency. Taxing entities could separately receive their share of the growth in valuation due to inflation, known as Section 33676 or the 2% payments. The Former Agency has entered into cooperative agreements with taxing agencies affected by the Redevelopment Project. Such agreements (the "Pass -Through Agreements") are described below: Inland Empire Utilities Agency. The Inland Empire Utilities Agency was formerly known as the Chino Basin Municipal Water District. Pursuant to the terms of this agreement, the Inland Empire Utilities Agency receives its full share (4.41%) of general levy tax increment revenue allocated from the Project Area. Cucamonga Valley Water District. The agreement with the Cucamonga Valley Water District (formerly known as "Cucamonga County Water District") requires the payment to the Water District of all revenues allocated from the Project Area that are derived from the Water District's debt service tax rate. The debt service tax rate levied by the Water District at the time of the Project Area's adoption has been amortized and is no longer levied. Payments to the Water District pursuant to this agreement are no longer required. San Bernardino County Flood Control District. Pursuant to the terms of this agreement, the Flood Control District receives its full share (2.76%) of general levy tax increment revenue allocated from the Project Area. Rancho Cucamonga Fire Protection District. The Fire Protection District receives its full share (12.33%) of general levy tax increment revenue allocated from the Project Area. The Rancho Cucamonga Fire Protection District is the successor to the Foothill Fire Protection District. The agreement with the Foothill Fire Protection District required that the Fire Protection District's share of tax increment revenue from within the Project Area would be used to pay for the capital costs of constructing Fire Station No. 4. After paying off these construction costs, the Foothill Fire Protection District's share of tax increment revenue would be retained by the former redevelopment agency to be used for funding of the operation and maintenance costs of Station No. 4 and to finance acquisition, construction or maintenance of fire facilities of benefit to the Project Area. Rancho Cucamonga Library. The Rancho Cucamonga Library receives payments that are 1.4% of general levy tax increment revenue allocated from the Project Area. The tax sharing agreement for library services was originally made between the former redevelopment agency and the County Library System. After the City of Rancho Cucamonga began providing library services to the residents, the Rancho Cucamonga Library became the successor to the tax sharing that had previously gone to the County Library system. San Bernardino County General Fund. Under the agreement with San Bernardino County, the County General Fund receives the County's General Fund's share (14.66%) of the general levy revenue attributable to inflation growth on the Project Area base year real property value. This amount is referred to as the Tax Base in the agreement. In addition to the Tax Base payment, beginning in 1996-97, the County began to receive an amount described as a "mitigation" payment that is calculated by multiplying the population growth above the number of persons living within the Project at the time of adoption times a County -wide per capita service cost figure. As of 2012-13, the applicable population factor is 51.925 and the applicable per capita service cost is $87.01. The figures for 2012-13 are used to compute the amount of the mitigation payment for 2013-14. The projections are based on estimated annual population growth of 2.5% per year and estimated annual service cost increases of 3.5% per year. The mitigation payments made to the County will increase over time but may never exceed the County General Fund's total share of Project Area incremental revenue. Because of the projected annual increase in Project Area population and increases in the County's per capita cost for provision of services, the payments made to the County General Fund will continue to increase despite the annual limit on P414 receipt of tax increment revenue being reached (see below). The combination of the Tax Base payment and the mitigation payment may not exceed the County General Fund's full share of the annual tax increment allocated to the Successor Agency. Subordinate Pass -Through Agreements School District Payments. The Former Agency entered into a settlement agreement with the Chaffey Joint Union High School District ("CJUHSD"), the Central Elementary School District ("CESD"), the Cucamonga Elementary School District ("CuESD") and the Etiwanda Elementary School District ("EESD"). Under the terms of this agreement, the school districts receive a prescribed share of a revenue amount derived by a formula contained in the agreement. Each of the payments under the settlement agreement with the school districts are subordinate to the payment of the Bonds. CJUHSD receives a portion of an amount derived by calculating 17% of the general levy tax increment revenue allocated from within the Project Area and then subtracting an amount that is 17% of the $10.6 million in tax revenue received by the CJUHSD from within the boundaries of the Project Area in 1987-88. The CJUHSD received 26% of this derived amount through fiscal year 2002-03. For 2003-04 and subsequent years, the CJUHSD receives 11.5% of this amount. CESD receives a portion of an amount derived by calculating 17% of the revenue general levy tax increment revenue allocated from within the Project Area and then subtracting an amount that is 17% of the $2.4 million in tax revenue received by CESD from within the boundaries of the Project Area in 1987-88. CESD received 26% of this amount through fiscal year 2002-03. For 2003-04 and subsequent years, CESD receives 23% of this amount. In addition, beginning with fiscal year 2003-04 CESD began to receive its proportionate share of an amount that is 11.5% of CUHSD's tax sharing payment. CESD produces 16.23% of all Project Area tax revenue and, therefore, receives this percentage of the amount divided among the elementary school districts that is 11.5% of CUHSD's payment. CESD's share of this amount will vary somewhat over time based on growth within the Project Area but for purposes of this report, the percentage has been assumed to remain constant. CuESD receives a portion of an amount derived by calculating 17% of the revenue general levy tax increment revenue allocated from within the Project Area and then subtracting an amount that is 17% of the $6.1 million in tax revenue received by the CuESD from within the boundaries of the Project Area in 1987-88. The CuESD received 26% of this amount through fiscal year 2002-03. For 2003-04 and subsequent years, the CuESD receives 23% of this amount. In addition, beginning with fiscal year 2003-04 the District began to receive its proportionate share of an amount that is 11.5% of an amount equivalent to the Chaffey Union High School District's tax sharing payment. The Cucamonga Elementary School District produces 43.77% of all Project Area tax revenue and, therefore, receives this percentage of the amount divided among the elementary school districts that is 11.5% of Chaffey Union High School District payment. The Cucamonga Elementary School District's share of this amount will vary somewhat over time based on growth within the Project Area but for purposes of this report, the percentage has been assumed to remain constant. EESD receives a portion of an amount derived by calculating 17% of the revenue general levy tax increment revenue allocated from within the Project Area and then subtracting an amount that is 17% of the $1.7 million in tax revenue received by EESD from within the boundaries of the Project Area in 1987-88. EESD received 26% of this amount through fiscal year 2002-03. For 2003-04 and subsequent years, EESD receives 11.5% of this amount. In addition, beginning with fiscal year 2003-04 the District began to receive its proportionate share of an amount that is 11.5% of an amount equivalent to the CUHSD's tax sharing payment. EESD produces 36.09% of all Project Area tax revenue and, therefore, receives this percentage of the amount divided among the elementary school districts that is 11.5% of CUHSD payment. The Etiwanda Elementary School District's share of this amount will vary somewhat over time based on growth within the Project Area but for purposes of this report, the percentage has been assumed to remain constant. P415 Alta Loma Elementary School District. The Former Agency entered into an agreement with the Alta Loma Elementary School District whereby tax increment revenue was used for a mutually agreed upon project. No further payments were required by the agreement. Statutory Tax Sharing Payments The Redevelopment Plan was amended to extend the limitation on the issuance of new indebtedness to be repaid with tax increment revenue. As a result, the Project Area is subject to the initiation of tax sharing payments that began with fiscal year 2004-05. Those taxing entities that have entered into negotiated tax sharing agreements continue to receive tax sharing payments in accordance with the terms of those agreements. The taxing entities without tax sharing agreements will receive their proportionate share of the statutory payments described below. The payments to those taxing entities that do not have tax sharing agreements in place are made in accordance with the three -tiered formula for statutory tax sharing payments required outlined in Section 33607.7 of the Law. These taxing entities receive their proportional shares of a tax sharing amount that is defined as being 25% of the revenue derived from the difference in assessed value in the current year and the assessed value in the adjusted base year and net of the 20% housing set-aside requirement. The adjusted base year value is, for purposes of the calculations in the Project Area, the Project Area taxable value for fiscal year 2004-05. In Fiscal Year 2015-16, the eleventh year after initiation of the statutory tax sharing payments, a second tier of tax sharing payments was initiated using the assessed values of Fiscal Year 2014-15, year ten, as an adjusted base year value. These taxing entities will then begin to receive their prorated shares of a tax sharing amount that is defined as being 21% of the revenue derived from the difference in assessed value in the current year and the assessed value in the second adjusted base year and net of the 20% Housing Set -Aside requirement. A third tier statutory tax sharing payment is provided for in the Law but is not initiated until the 31st year after the initiation of the tax sharing payments. Payments required pursuant to this third tier of statutory tax sharing will not be initiated prior to expiration of the Project Area's ability to repay indebtedness. Under the Law, the City is considered a taxing entity and may elect to receive its share of the required tier 1 payments. The City may not, however, receive any share of the tier 2 and tier 3 payments. The City has elected to receive its share of all tier 1 payment amounts. As previously mentioned, on September 22, 2015, the Governor signed SB 107. This legislation implemented a number of revisions to the Health and Safety Code including an amendment to Section 34189 that impacts the time and tax increment limits of former redevelopment project areas. The legislation eliminated the effectiveness of both annual and cumulative tax increment limits and time limits on repayment of indebtedness for all enforceable obligations (as defined under Health and Safety Code Sections 34171(d)(1) and 34191.4), except in cases where contractual agreements that contain specific terms to terminate payment based on a project area reaching its tax increment and/or time limits. The Auditor Controller has informed the Fiscal Consultant that, in light of the amended Section 34189, the Auditor Controller will not limit the amount of tax increment revenue deposited into the RPTTF due to the time limits or due to the annual tax increment limit contained in the Redevelopment Plan. Pursuant to SB 107, Tax Revenues will continue to be allocated from the Project Area until such time as all authorized enforceable obligations, including the Bonds, have been repaid. The Successor Agency has not taken any action to subordinate statutory pass-through payments to debt service on the Bonds and therefore, the payment of debt service on the Bonds is subordinate to the payment of statutory pass-throughs. Assessed Valuation Assessed values within the Project Area have followed a pattern of strong growth from fiscal year 2004- 05 through 2009-10. The average growth in incremental value for this period was 7.01 % percent per year. Due to the impact of general economic stress in California, taxable values in the Project Area declined by -3.37% in fiscal year 2010-11. The Project Area also experienced declines in incremental value of -2.29% for 2011-12 and P416 -0.34% for fiscal year 2012-13. Values increased for fiscal year 2013-14 by $191.2 million (2.18%). The base year value is 2.90% of the total taxable value in the Project Area for fiscal year 2016-17. Table 2 sets forth Project Area assessed valuation for the past five fiscal years. Securee Land Improvements Personal Property Exemptions TABLE 2 SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY Rancho Redevelopment Project Area Historical Assessed Values (Fiscal Years 2012-13 through 2015-16) 2012-13 $2,280,721,037 5,967,174,160 40,488,011 (170,872,714) 2013-14 $2,372,869,953 6,090,887,274 35,225,278 (171,027,335) 2014-15 $2,455,837,994 6,386,994,550 31,812,466 (175,713,027) Total Secured $8,117,510,494 $8,327,955,170 $8,698,931,983 Unsecured Improvements Personal Property Exemptions $ 600,866,188 360,432,399 (6,326,483) Total Unsecured $ 954,972,104 GRAND TOTAL $9.072.482.598 Incremental Value: $8,773,564,587 % Change: -0.34% $ 580,498,111 361,445,553 (6,181,144) $ 935,762,520 $9.263.717.690 $8,964,799,679 2.18% 01) Secured values include state assessed non -unitary utility property. Source: San Bernardino County Auditor -Controller; HdL Coren & Cone. $ 666,395,926 363,926,529 (6,024,852) $1,024,297,603 $9.723.229.586 $9,424,311,575 5.13% 2015-16 $ 2,531,446,986 6,714,689,742 29,623,840 (189,753,480) $ 9,086,007,088 $ 668,888,355 401,427,663 (7,075,546) $ 1,063,240,472 $10.149.247.560 $ 9,850,329,549 4.52% 2016-17 $ 2,657,679,345 6,931,494,515 31,817,038 (180,939,931) $ 9,440,050,967 $ 629,865,322 373,999,469 (7,478,923) $ 996,385,868 $10.436.436.835 $10,137,518,824 2.92% Pending Reassessment. For Fiscal Year 2016-17, the County Assessor has consolidated 1,191 parcels owned by Homecoming I at Terra Vista LLC, Homecoming IV at Terra Vista LLC and Homecoming V at Terra Vista LLC into 7 parcels. As a result of the consolidation of these parcels, a reappraisal was necessary. To date, assessed value for only 4 of the 7 parcels has been enrolled. The combined value of the 4 parcels that have enrolled value is $120,133,919, which is $115,454,684 less than the combined value of the Homecoming I, W and V at Terra Vista LLC properties for Fiscal Year 2015-16. The County Assessor expects to enroll value on the remaining 3 parcels over the next several weeks. The Fiscal Consultant has not been informed when such reassessment may occur. Notwithstanding, the fact that $115 5 million of assessed value is not included on the Fiscal Year 2016-17 roll, assessed value within the Project Area is up $287.2 million (2.92%) over Fiscal Year 2015-16, which is entirely growth in secured values. Unsecured values are down by $66.9 million (-6.29%) within the Project Area. The largest drop in unsecured value was on assessments for TAMCO, a steel recycling company that was the 8th largest taxpayer for Fiscal Year 2015-16. TAMCO unsecured value for Fiscal Year 2016-17 is $11.9 million less than in Fiscal Year 2015-16. This reduction in value has dropped TAMCO out of the top ten taxpayer listing for Fiscal Year 2016-17. The base year value is 2.86% of the total taxable value in the Project Area for Fiscal Year 2016-17. Property Taxes and Inflation Rates The taxable values of property are established each year on the January 1 property tax lien date. Real property values reflect the reported assessed values for secured and unsecured land and improvements. The base year value of a parcel is the value established as the full market value upon a parcel's sale, improvement or other reassessment. Article XIIIA of the California Constitution (Proposition 13) provides that a parcel's base year value is established when locally assessed real property undergoes a change in ownership or when new construction occurs. Following the year a parcel's base year value is first enrolled, the parcel's value is P417 factored annually for inflation. The term base year value does not, in this instance, refer to the base year value of the Project Area. Pursuant to Article XIIIA, Section 2(b) of the State Constitution and California Revenue and Taxation Code Section 51, the percentage increase in the parcel's value cannot exceed 2% of the prior year's value. Secured property includes property on which any property tax levied by a county becomes a lien on that property. Unsecured property typically includes value for tenant improvements, fixtures, inventory and personal property. A tax levied on unsecured property does not become a lien against the taxed unsecured property, but may become a lien on certain other secured property owned by the taxpayer. The taxes levied on unsecured property are levied at the previous year's secured property tax rate. Utility property assessed by the State Board of Equalization (the "Board") may be revalued annually and such assessments are not subject to the inflation limitations established by Proposition 13. The taxable value of Personal Property is also established on the lien dates and is not subject to the annual 2% limit of locally assessed real property. Each year the Board announces the applicable adjustment factor. Since the adoption of Proposition 13, inflation has, in most years, exceeded 2% and the announced factor has reflected the 2% cap. Through 2010-11 there were six occasions when the inflation factor has been less than 2%. Until 2010-11 the annual adjustment never resulted in a reduction to the base year values of individual parcels, however, the factor that was applied to real property assessed values for the January 1, 2010 assessment date was a -0.237% and this resulted in a reductions to the adjusted base year value of parcels. The changes in the California Consumer Price Index (CCPI) from October of one year and October of the next year are used to determine the adjustment factor for the January assessment date. The table below reflects the inflation adjustment factors for the current fiscal year and ten prior fiscal years. Historical Inflation Adjustment Factors Fiscal Year Inflation Adi. Factor 2007-08 2.000 2008-09 2.000 2009-10 2.000 2010-11 -0.237 2011-12 0.753 2012-13 2.000 2013-14 2.000 2014-15 0.454 2015-16 1.998 2016-17 1.525 Source: State of California Board of Equalization. Supplemental Assessment Revenues Chapter 498 of the Statutes of 1983 provides for the reassessment of property upon a change of ownership or completion of new construction. Such reassessment is referred to as the Supplemental Assessment and is determined by applying the current year's tax rate to the amount of the increase or decrease in a property's value and prorating the resulting property taxes to reflect the portion of the tax year remaining as determined by the date of the change in ownership or completion of new construction. Supplemental Assessments become a lien against Real Property. Since 1984-85, revenues derived from Supplemental Assessments have been allocated to redevelopment agencies and taxing entities in the same manner as regularly collected property taxes. The receipt of Supplemental Assessment Revenues by taxing entities typically follows the change of ownership by a year or more. The Agency has not included revenues resulting from Supplemental Assessments in its projections. P418 Assessed Value Reduction — Proposition 8 For 2016-17 there are 1,375 residential properties that have been reduced in value pursuant to Proposition 8 ("Prop 8"). Prop 8 amended the Revenue and Taxable Code to allow for reduction of a property's taxable value when the property's market value drops below the inflation adjusted base value for that property. Once reduced, the Assessor is required to revalue the property each year and enroll the lesser of the current market value of the property or its original inflation adjusted base value. If a property that has been reduced in value under Prop 8 is sold, its value is reset based upon the sales price and this new value is no longer subject to annual revaluation under Prop 8. The 1,375 residential properties in the Project Area that have been reduced in value under Prop 8 are enrolled at values that are a combined $152.7 million below the inflation adjusted base value for these properties. For 2016-17, there were 1,451 Prop 8 reduced properties that recovered $64.4 million in taxable value. There were 323 properties that were sold during 2015 and are no longer being revalued pursuant to Prop 8. Residential property sales for 2015 in the City reflected an increase in median sales price of 4.76 percent above sales for 2014. The Agency has not included any estimate of revaluation of Prop 8 reduced properties in its projections. Assessed Valuation Appeals Pursuant to California law, property owners may apply for a reduction of their property tax assessment by filing a written application, in form prescribed by the State Board of Equalization, with the appropriate county board of equalization or assessment appeals board. After the applicant and the assessor have presented their arguments, the Appeals Board makes a final decision on the proper assessed value. The Appeals Board may rule in the assessor's favor, in the applicant's favor, or the Board may set their own opinion of the proper assessed value, which may be more or less than either the assessor's opinion or the applicant's opinion. Any reduction in the assessment ultimately granted applies to the year for which application is made and during which the written application was filed. The assessed value may be increased to its pre reduction level for fiscal years following the year for which the reduction application is filed if the real estate market recovers. Appeals for reduction in the "base year" value of an assessment, if successful, reduce the assessment for the year in which the appeal is taken and prospectively thereafter. The base year is determined by the completion date of new construction or the date of change of ownership. Any base year appeal must be made within four years of the change of ownership or new construction date. Most of the appeals filed in the Project Area are based on Section 51 of the Revenue and Taxation Code which requires that for each lien date the value of real property shall be the lesser of its base year value annually adjusted by the inflation factor pursuant to Article XIIIA of the State Constitution or its full cash value, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, removal of property or other factors causing a decline in value. Significant reductions have taken place in some counties due to declining real estate values. Reductions made under this code section may be initiated by the County Assessor or requested by the property owner. After a roll reduction is granted under this section, the property is reviewed on an annual basis to determine its full cash value and the valuation is adjusted accordingly. This may result in further reductions or in value increases. Such increases must be in accordance with the full cash value of the property and it may exceed the maximum annual inflationary growth rate allowed on other properties under Article XIIIA of the State Constitution. Once the property has regained its prior value, adjusted for inflation, it once again is subject to the annual inflationary factor growth rate allowed under Article XIIIA. There are currently 181 pending appeals within the Project Area. In order to estimate the potential reduction in assessed value that may occur as a result of these pending appeals, the fiscal consultant reviewed the historical averages for the number of appeals allowed and the amount of assessed value removed and then applied those averages to the currently pending appeals and estimated the number of pending appeals that may be allowed and the amount of assessed value that may be removed as a result of the pending appeals. P419 Four of the Project Area's top ten taxpayers have pending appeals of their assessed value. Rancho Mall LLC, T-NAPF Meritage Ownership LLC, RREEF America REIT II Corp. and Teachers Insurance and Annuity Associates have assessment appeals pending. The estimated impact of value losses resulting from these pending appeals has been incorporated into the projections of Tax Revenues. The table on the next page describes the pending assessment appeals of such taxpayers). See `ESTIMATED REVENUES AND BOND RETIREMENT," herein. TABLE 3 SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY Rancho Redevelopment Project Area Assessment Appeals by Large Taxpayers No. of Maximum Fiscal Year Parcels Owner Potential of Under Value Under Opinion of Value Taxpayer Appeal Appeal Appeal Value Reduction Rancho Mall LLC 2015-16 2 $ 7,001,727 $ 4,800,000 $ 2,201,727 T-NAPF Meritage Ownership 2015-16 3 122,192,990 103,388,000 18,804,990 RREEF America REIT II Corp. 2014-15 2 94,723,200 83,000,000 11,723,200 2015-16 2 100,007,000 83,900,000 16,107,000 Teachers Insurance & Annuity 2014-15 2 75,658,400 60,800,000 14,858,400 2015-16 1 67,070,900 56,000,000 11,070,900 Source: San Bernardino County Assessor and HdL Coren & Cone. The following table shows the amount of assessed value that is presently under appeal within the Project Area and the estimated reduction of value that has been factored into the projections of Tax Revenues as a reduction in assessed values with the Project Area for 2017-18. TABLE 4 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA Rancho Redevelopment Project Area Estimated Assessment Appeals Loss Fiscal Year 2017-18 Total No. No. of No. of of Resolved Successful Average No. & Value of Appeals Appeals Appeals Reduction Appeals Pendine 1,075 894 627 23.64% 181 ($1,438,730,811) Sources: Est. No. of Appeals Allowed 127 Est. Reduction on Pending Appeals Allowed (2014-15 Value Adjustment) $238,556,180 San Bernardino County Assessor 2016-17 Combined Tax Rolls & Most Recent Appeals Roll; Successor Agency and HdL Coren & Cone. Annual Tax Collections The San Bernardino County Auditor -Controller apportions tax revenues to the RPTTF based upon the amount of the tax levy that is received from the taxpayers. The following table illustrates the final tax revenue collections for the previous five fiscal years. TABLE 5 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA P420 Fiscal Adjusted Year Tax Levy 2008-09 $94,621,889 2009-10 94,377,078 2010-11 91,226,926 2011-12 89,731,609 2012-13 89,591,386 2013-14 91,576,936 2014-15 95,995,530 Rancho Redevelopment Project Area Project Area Property Tax Collections History Current Year Apportioned $90,597,115 90,377,948 84,817,130 83,475,977 81,639,243 89,511,892 94,170,066 Current Year Collection % 95.75% 95.76 92.97 93.03 91.12 97.75 98.10 Prior Year Total Total Collectionsw Apportioned Collection % $6,460,656 $96,861,299 102.37% 5,450,651 95, 802,737 101.51 2,461,278 87,043,486 95.41 2,442,481 85,757,118 95.57 2,293,497 84,110,889 93.88 3,154,261 93,027,717 101.58 1,433,908 95,969,225 99.97 (1) Prior Year Collections include Supplemental Revenue, reductions for taxpayer refunds and revenue from prior years. Sources: San Bernardino County Auditor Controller's Office and HdL Coren & Cone. Property Value by Land Use Taxable values in the Project Area are diversified with residential property values making up 45.65% of all value. Industrial uses account for 23.52% of the Project Area taxable values and commercial uses account for 18.90%. Another 9.55% of taxable value is contained within the unsecured taxable values. Together, these four land use categories account for 97.62% of all taxable value in the Project Area. value. The following table illustrates the land use of property within the entire Project Area and its assessed TABLE 6 SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY Rancho Redevelopment Project Area Land Use Statistics (Fiscal Year 2016-17) Land Use Residential Commercial Industrial Recreational Institutional Government Owned Miscellaneous Exempt Vacant Land Subtotal: SBE Non -unitary Unsecured Subtotal: Totals: Source: HdL Coren & Cone. No. Parcels 11,470 689 666 9 25 1 23 1,134 164 14,181 14,181 Assessed Value $ 4,764,144,723 1,972,774,622 2,454,481,588 37,863,605 31,590,649 1,461,243 5,921,742 0 147.976.077 $ 9,416,214,249 $ 23,836,718 996.385.868 $ 1,020,222,586 $10.436.436.835 Percent of Total 45.65% 18.90 23.52 0.36 0.30 0.01 0.06 0.00 1.42 90.22% 0.23% 9.55 9.78% 100.00% P421 The remaining area within the Project Area generally includes parcels which follow the major east/west arterial of Foothill Boulevard. Land use within this area are largely devoted to commercial and office uses with scattered sites of vacant land. Plan Limitations In 1993, the California Legislature enacted AB 1290. Among the changes to the Redevelopment Law accomplished by AB 1290 was a provision which limits the period of time for incurring and repaying loans, advances and indebtedness which are payable from tax increment revenues. In general, a redevelopment plan may terminate not more than 40 years following the date of original adoption, and loans, advances, and indebtedness may be repaid during a period extending not more than 10 years following the date of termination of the redevelopment plan. In compliance with AB 1290, the City adopted Ordinance No. 537 on November 16, 1994 with respect to the Project Area, and enacted the limitations listed below. The Redevelopment Plan was extended an additional year in accordance with Paragraph (D) of Section 33333.6 (e) (2) with the adoption of Ordinance 742 on May 18, 2005, and further extended a year with the adoption of Ordinance 758 on May 3, 2006. On September 22, 2015, the Governor signed SB 107. This legislation implemented a number of revisions to the Health and Safety Code including an amendment to Section 34189 that impacts the time and tax increment limits of former redevelopment project areas. The legislation eliminated the effectiveness of both annual and cumulative tax increment limits and time limits on repayment of indebtedness for all enforceable obligations (as defined under Health and Safety Code Sections 34171(d)(1) and 34191.4), except in cases where contractual agreements that contain specific terms to terminate payment based on a project area reaching its tax increment and/or time limits. The Auditor Controller has informed the Fiscal Consultant that, in light of the amended Section 34189, the Auditor Controller will not limit the amount of tax increment revenue deposited into the RPTTF due to the time limits or due to the annual tax increment limit contained in the Plan. Pursuant to SB 107, Tax Revenues will continue to be allocated from the Project Area until such time as all authorized enforceable obligations, including the Bonds, have been repaid. A summary of the Redevelopment Plan limits and tax increment caps for the Project Area is contained in the Fiscal Consultant's Report in APPENDIX A hereto. P422 ESTIMATED REVENUES AND BOND RETIREMENT The Successor Agency has retained HdL Coren & Cone, Diamond Bar, California (the "Fiscal Consultant"), to analyze the Project Area and to project future tax increment revenues for the Project Area. The Fiscal Consultant's report is included as Appendix A and should be read in its entirety. Table 7 sets forth estimated Fiscal Year 2016-17 tax increment revenues, less County collection charges and less payments to affected taxing agencies for statutory tax sharing and existing pass-through agreements, and Tax Revenues and forecasts growth in tax increment revenues and Tax Revenues through Fiscal Year 2033- 34, based upon the following assumptions: (1) 2016-17 taxable values as reported by San Bernardino County. On September 22, 2015, the Governor signed SB 107. This legislation implemented a number of revisions to the Health and Safety Code including an amendment to Section 34189 that impacts the time and tax increment limits of former redevelopment project areas. The legislation eliminated the effectiveness of both annual and cumulative tax increment limits and time limits on repayment of indebtedness for all enforceable obligations (as defined under Health and Safety Code Sections 34171(d)(1) and 34191.4), except in cases where contractual agreements that contain specific terms to terminate payment based on a project area reaching its tax increment and/or time limits. The Auditor Controller has informed the Fiscal Consultant that, in light of the amended Section 34189, the Auditor Controller will not limit the amount of tax increment revenue deposited into the RPTTF due to the time limits or due to the annual tax increment limit contained in the Plan. Pursuant to SB 107, Tax Revenues will continue to be allocated from the Project Area until such time as all authorized enforceable obligations, including the Bonds, have been repaid. (2) Real property consists of land and improvements. Real property values for 2017-18 are increased for transfers of ownership in the amount of $114.6 million and decreased for losses due to appeals by $238,556,180. Values are adjusted for inflation at 2.0% for 2017-18 and at 2% annually thereafter. See APPENDIX A — Report of Fiscal Consultant. (3) Personal property is held constant at 2016-17 level. (4) Projected Gross Tax Increment is based upon incremental values factored against the general levy tax rate of $1.00 per $100 of taxable value. Per ABx 1 26, all revenue derived from debt service override tax rates will be directed to the levying entities. (5) Unitary Revenue is actual for 2015-16 and is assumed to remain constant for the life of the plan. (6) County SB 2557 Administrative charge is estimated at 0.85% of Gross Tax Revenue. (7) County Collection Charge is 0.25% of Adjusted Gross Revenue. (8) San Bernardino County receives its share (14.66%) of two percent growth on base year real property value. In addition, the County receives a mitigation payment that is derived by calculating the population within the Project Area (60,476) and multiplying that amount by the county -wide per capita service cost for County supplied services ($94.15). The sum of all payments may never exceed the total County share of tax increment revenue. (9) Rancho Cucamonga Library receives tax sharing payments that reflect 1.4% of general levy tax increment revenue for provision of library services. (10) San Bernardino County Flood Control District receives its share (2.76%) of general levy tax increment revenue. P423 (11) Inland Empire Utilities Agency, formerly the Chino Basin MWD, receives its share (4.41 %) of general levy tax increment revenue. (12) Rancho Cucamonga Fire Protection District share (12.33%) of general levy tax increment revenue is deposited in an Agency fund and held for use in capital acquisition expenditures on behalf of the District. (13) Due to the amendment of the Redevelopment Plan, taxing entities receive their shares of 25% of tax revenue on incremental value above the year 2004-05 value net of Housing Set -Aside. In addition, 11 years after initiation of Tier 1 and using the year 10 value as an adjusted base, Taxing Entities receive 21% of tax revenue on incremental value above the year 10 value net of Housing Set - Aside. Payments are made only to Taxing Entities with no tax sharing agreements and may be subordinated. Statutory tax sharing payments are projected through to the last date to receive tax increment revenue. Actual levels of future tax increment revenues will depend upon the rate of growth in tax increment resulting from new development, change of ownership and inflation, or deflation, and changes in tax rates, and may differ from the projections presented herein. See the Fiscal Consultant's Report attached hereto as Appendix A. SUCCESSOR AGENCY TO THE 0170NMo N000 s t- 100 ©7OOiM 1'0071.--iN d M M M M 7 7 7 N N n oo n b N M 7 h 10 S S N 00 N M 7 0110 00 141 l� l� s s s s s � � h W W W W W Co Co W g 59 10 O h N ^ N 1O ^ 000 0 fl 01 1 00 ^ tJ 00 bD M N 10 10 10 10 10 00 01 N 10 01 0 k ONI�����v0\001O--iN7vltnoOO i F 'r.R F 0 k 0 -�I vl O M N h 01 7 01 0 O 10 M 01 10 7 •--� 00 to 69 s 7 69 0 1.0 CA.„ 69 N 00 w 0o y 69 .4 0) 0j001O 0 N� 1Mv7n O .O.y.-000Nb'I d- 0ONM 0=6-40.1-1-71-.71-1-1,,,,,,,,,0,0,0, w - -1 W A 69 4 to F za 00 N O ss F, cg - M M 7 M 0 M 0 O10 0 7 N l-• q �------------------ (=)2 00 ^ Q .4-.•G ,,R y a V] ds v0 z, �F. WW Ro O 40.4 A W O a b H W Q 9 N i 0 x t` 0 .. y U p O y O N Vl 00 --� h O h O M O N vl 7 M --� O h U '0 m 7'0 00 O M h 00 O m 0 00 m \O 01 N 00 h y -� -� N N N N M M M M 7 7 7 7 Vl no. "�' - 0 0) .t.,,,—,00,,,,,,,,,,,,,,,, �0' .� 0=,,,,,,00,00....0,—,, Jam. 0 0 M O O— N M 0 00 O 7 l�, M O V1 , 0) N 00;,,,, 0 0 .6.,4,=. 0 N 7 10 01 N N N ,-1,-,,, M 7 0 S u ai E,-0 0 ^a0 N A <0 0 y U .� O 7°,3 + .,',it w 3 4, O u, ..'c'.> .5 s0, 'O N HN Qa t. N .0 Vl (n, 0) U it 0? ', 0 0 7 oo oo N N ,...,...1,-, 00 7 '0 7 00 0 7 e".,/,,...., v1 r^. M 1. CMNsN00 V0N01s'0tn 00 0/1'0000,M,nr- k ho00 M,n 00-. M 1001 N,n oo 700 7 N 'F 'M' N �.�������`+``+`+�O 10 1p vt� U 'n oe av.vly Clow+1, �+1, 01�+1, vvv0o :� =1,...,\...,......,,..., OO °NMWI.©'0N00007N . oNO10NM77'00 �">FNc_NNrr,rrrl. �+,r,rl, M.WO ,i,�i,i 01. N N O 00 h Ol h h M 01 N M O Vl O 00 Cy b k OM10OMlw 0000 h. --i lnM Ol�7MCas) C40, O 4, 00 h 10 h 10 7 10 7 1D t� .-. 7 1D 10 00 00 i '/'00�-.77D1�77;8[-Z7 v1O01O7•--�•--�7 Rai R „y Vl D1 M D1 DD 0 l 0 O V1 O �,,,0— .lam oO N ro O tZOi8N k i. 00M O N 71000 700 N t -N t.MO'0 R �T.-.N 71D 0oON7lnO,.-. 71..,,OCI,,- 71..,r --C1, F^ O N 00 0 0 0,-, --, --, --, .-- N N N N M M t~ i t- 7 '0 M 7 M 7 N 1n N 7 0n 00O 0 M '0 ,0 00 'O M 0001 N O N '0 M M '0 4 7 710 D1 N 00 1^ D1 X 00 00 01 0 7 00 7 0 7 0 �I 1.000 0 100- Om-, M0 N 01O1000vi- 0 k R M O -� N 710 00 7 0 N 10 t� M O 10 1 ,p 7 v'1 .. O O N 7 l� 01 -4,1-r-s,-,1 F ©©©- 0--0000O -- N M 70010 t�0001 O -r N M7 y 1D t- 00 01 O N M 7 Vl 1D 1� 00 01 O -y N M N N N N N N N N N N N N N N N N N N P424 P425 The following Table 8 shows a projection of the amounts allocable to pay the Housing Obligations from the money that, prior to the Dissolution Act, would have been deposited in the Low and Moderate Income Housing Fund. Tax Revenues include the remaining amounts after payment of the Housing Obligations. TABLE 8 SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY Estimated Remaining Housing Tax Revenues Fiscal Years 2016-17 through 2033-34 (In Thousands) Housing Bond/Loan Payments Less Less Less Remaining Former 2007B Bond Pacific Housing Pledge Total after Housing Debt Life Loan Agreement Housing Housing Year(1) Set Aside(2) Service(3) Payments(4) Payments(5) Obligations Obligations 2016-17 $20,666$6,302 $1,400 $339 $8,041 $12,625 2017-18 20,810 6,303 1,400 339 8,042 12,768 2018-19 21,214 6,303 1,400 339 8,042 13,172 2019-20 21,627 6,300 1,400 339 8,039 13,588 2020-21 22,048 6,302 1,400 339 8,041 14,007 2021-22 22,477 6,308 1,400 339 8,047 14,430 2022-23 22,914 6,303 1,400 3398,042 14,872 2023-24 23,361 6,306 1,400 339 8,045 15,316 2024-25 23,816 6,301 1,400 339 8,040 15,776 2025-26 24,281 6,303 1,400 339 8,042 16,239 2026-27 24,755 10,111 - 10,111 14,644 2027-28 25,238 10,115 10,115 15,123 2028-29 25,731 10,113 10,113 15,618 2029-30 26,234 10,112 - 10,112 16,122 2030-31 26,747 207 - 207 26,540 2031-32 27,270 - - - 27,270 2032-33 27,803 - - - 27,803 2033-34 28,316 28,316 (1) Represents tax revenues for fiscal years and debt payments for bond years ending September 1 of each year. (2) Represents 20% of the Adjusted Gross Tax Revenue shown in Table 8. (3) Represents payments due each bond year ending September 1. (4) Payments are due each March 20 and September 20 through the March 20, 2026 final maturity. Annual payments are aligned to match bond years ending September 1. (5) Payments are due each March 1 and September 1 through the September 1, 2026 final maturity. Source: San Bernardino County Office of the Assessor; HdL Coren & Cone. P426 The following Table 9 projects debt service coverage for the Bonds showing only projected Tax Revenue. Year(1) 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 2031-32 2032-33 2033-34 (1) (2) (3) TABLE 9 SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY Estimated Debt Service Coverage Fiscal Years 2016-17 through 2033-34 (In Thousands) Net Tax Increment(2) $71,164 71,325 72,335 73,352 74,375 75,404 76,438 77,476 78,517 79,560 80,604 81,648 82,690 83,730 84,765 85,794 86,815 87,720 Estimated Aggregate Less: Estimated 2014 2016 Tax Housing Tax Debt Debt Revenue Obligations(3) Revenues Service* Service* Coverage* ($8,041) $63,123 $14,942 $ 3,961 334% (8,042) 63,283 14,946 3,955 335 (8,042) 64,293 14,947 3,958 340 (8,039) 65,313 14,944 3,959 346 (8,041) 66,334 14,943 3,957 351 (8,047) 67,357 14,942 3,953 356 (8,042) 68,396 14,945 3,957 362 (8,045) 69,431 14,946 3,958 367 (8,040) 70,477 14,945 3,963 373 (8,042) 71,518 14,944 3,958 378 (10,111) 70,493 14,943 1,874 419 (10,115) 71,533 14,945 1,874 425 (10,113) 72,577 14,945 1,874 432 (10,112) 73,618 14,945 1,874 438 (207) 84,558 14,945 10,439 333 85,794 14,947 10,616 336 86,815 10,617 818 87,720 10,616 826 Represents tax revenues for fiscal years and debt payments for bond years ending September 1 of each year. See Table 7 for the calculation of Net Tax Increment. See Table 8 for detail on the Housing Obligations. Source: San Bernardino County Office of the Assessor; Hdl Coren & Cone. * Preliminary, subject to change. * Preliminary, subject to change. P427 BOND OWNERS' RISKS The following factors, along with all other information in this Official Statement, should be considered by potential investors in evaluating the Bonds and the credit quality of the Bonds. The following does not purport to be an exhaustive listing of risks and other considerations which may be relevant to investing in the Bonds. In addition, the order in which the following information is presented is not intended to reflect the relative importance of any such risks. For a discussion of certain matters that will or could cause reductions in the Tax Revenues available in future years, see "LIMITATIONS ON TAX REVENUES" of this Official Statement. Limited Special Obligations The Bonds will be limited obligations of the Agency, payable from and secured as to the payment of the principal thereof and the redemption premium, if any, and the interest thereon in accordance with their terms and the terms of the Indenture. Neither the State nor any public agency (other than the Agency) is obligated to pay the principal of or redemption premium, if any, or interest on the Bonds, and neither the faith and credit nor the taxing power of the State or any public agency thereof is pledged to the payment of the principal of or redemption premium, if any, or interest on the Bonds. The payment of the principal of or redemption premium, if any, or interest on the Bonds does not constitute a debt, liability or obligation of the State or any public agency (other than the Agency). Recognized Obligation Payment Schedule The Dissolution Act provides that only those payments listed in a ROPS may be made by the Successor Agency from the funds specified in the ROPS. The Dissolution Act requires the Successor Agency to prepare and submit to the Successor Agency's Oversight Board and the State Department of Finance for approval, a ROPS pursuant to which enforceable obligations (as defined in the Dissolution Act) of the Successor Agency are listed, together with the source of funds to be used to pay for each enforceable obligation. Tax Revenues will not be withdrawn from the Redevelopment Property Tax Trust Fund by the County Auditor -Controller and remitted to the Successor Agency without a Recognized Obligation Payment Schedule approved by the State Department of Finance. See "SECURITY FOR THE BONDS — ROPS." If the Successor Agency were to fail to complete an approved a ROPS, the availability of Tax Revenues to the Successor Agency could be adversely affected for such period. If a successor agency fails to submit to the State Department of Finance an oversight board -approved Recognized Obligation Payment Schedule complying with the provisions of the Dissolution Act within five business days of the date upon which the ROPS is to be used to determine the amount of property tax allocations, the State Department of Finance may determine if any amount should be withheld by the applicable county auditor -controller for payments for enforceable obligations from distribution to taxing entities pursuant to clause (iv) in the following paragraph, pending approval of a ROPS. Upon notice provided by the State Department of Finance to the county auditor -controller of an amount to be withheld from allocations to taxing entities, the county auditor -controller must distribute to taxing entities any monies in the Redevelopment Property Tax Trust Fund in excess of the withholding amount set forth in the notice, and the county auditor - controller must distribute withheld funds to the successor agency only in accordance with a ROPS when and as approved by the State Department of Finance. Typically, under the Redevelopment Property Tax Trust Fund distribution provisions of the Dissolution Act, the county auditor -controller is to distribute funds for each six-month period in the following order specified in Section 34183 of the Dissolution Act: (i) first, subject to certain adjustments for subordinations to the extent permitted under the Dissolution Act (as described above under "SECURITY FOR THE BONDS - Security for the Bonds") and no later than each January 2 and June 1, to each local agency and school entity, to the extent applicable, amounts required for pass-through payments such entity would have received under provisions of the Redevelopment Law, as those provisions read on January 1, 2011; (ii) second, on each January 2 and June 1, to a successor agency for payments listed in its ROPS, with debt service payments scheduled to be made for tax allocation bonds having the highest priority over payments scheduled for other debts and P428 obligations listed on the ROPS; (iii) third, on each January 2 and June 1, to a successor agency for the administrative cost allowance, as defined in the Dissolution Act; and (iv) fourth, on each January 2 and June 1, to taxing entities any moneys remaining in its Redevelopment Property Tax Trust Fund after the payments and transfers authorized by clauses (i) through (iii), in an amount proportionate to such taxing entity's share of property tax revenues in the tax rate area in that fiscal year (without giving effect to any pass-through obligations that were established under the Redevelopment Law). If the Successor Agency does not submit an Oversight -Board approved ROPS within five business days of the date upon which the ROPS is to be used to determine the amount of property tax allocations and the State Department of Finance does not provide a notice to the County Auditor -Controller to withhold funds from distribution to taxing entities, amounts in the Redevelopment Property Tax Trust Fund for such six-month period would be distributed to taxing entities pursuant to clause (iv) above. The Successor Agency has covenanted in the Indenture to take all actions required under the Dissolution Act to include scheduled debt service on the Bonds as well as any amount required under the Indenture to replenish the Reserve Account, in ROPS for each six-month period to enable the County Auditor -Controller to distribute from the Redevelopment Property Tax Trust Fund to the Successor Agency's Redevelopment Obligation Retirement Fund on each January 2 and June 1 amounts required for the Successor Agency to pay principal of, and interest on, the Bonds coming due in the respective six-month period, including listing a reserve on the ROPS to the extent required by the Indenture or when the next property tax allocation is projected to be insufficient to pay all obligations due under the provisions of the Bonds for the next payment due in the following six-month period. AB 1484 also added new provisions to the Dissolution Act implementing certain penalties in the event the Successor Agency does not timely submit a ROPS. If the Successor Agency does not submit a ROPS, the County will be subject to a civil penalty equal to $10,000 per day for every day the schedule is not submitted to the State Department of Finance. Additionally, the Successor Agency's administrative cost allowance is reduced by 25% if the Successor Agency does not submit an Oversight Board -approved ROPS. Commencing on February 1, 2016, pursuant to SB 107, successor agencies were transitioned to an annual Recognized Obligation Payment Schedule process pursuant to which successor agencies are required to file Recognized Obligation Payment Schedules with the DOF and the county auditor -controller for approval each February 1 for the July 1 through June 30 period immediately following such February 1 commencing with the July 1, 2016 through June 30, 2017 period. Commencing January 1, 2016, successor agencies which received a Finding of Completion and the concurrence of the DOF as to the items that qualify for payment, among other conditions, may at their option, file a "Last and Final" Recognized Obligation Payment Schedule. If approved by the Oversight Board and the DOF, the Last and Final Recognized Obligation Payment Schedule will be binding on all parties, and the Successor Agency will no longer submit a Recognized Obligation Payment Schedule to the DOF or the Oversight Board. The County Auditor -Controller will remit the authorized funds to the Successor Agency in accordance with the approved Last and Final Recognized Obligation Payment Schedule until each remaining enforceable obligation has been fully paid. After the Last and Final Recognized Obligation Payment Schedule is approved. The Successor Agency may submit no more than two requests to amend the Last and Final Recognized Obligation Payment Schedule, and such amendments must be approved by the Oversight Board and the DOF. The Successor Agency has not submitted a Last and Final Recognized Obligation Payment Schedule and does not currently have plans to file a Last and Final Recognized Obligation Payment Schedule. Challenges to Dissolution Act Several successor agencies, cities and other entities have filed judicial actions challenging the legality of various provisions of the Dissolution Act. One such challenge is an action filed on August 1, 2012, by Syncora Guarantee Inc. and Syncora Capital Assurance Inc. (collectively, "Syncora") against the State, the State Controller, the State Director of Finance, and the Auditor -Controller of San Bernardino County on his own behalf and as the representative of all other County Auditors in the State (Superior Court of the State of California, County of Sacramento, Case No. 34-2012-80001215). Syncora are monoline financial guaranty insurers domiciled in the State of New York, and as such, provide credit enhancement on bonds issued by state P429 and local governments and do not sell other kinds of insurance such as life, health, or property insurance. Syncora provided bond insurance and other related insurance policies for bonds issued by former California redevelopment agencies. The complaint alleged that the Dissolution Act, and specifically the "Redistribution Provisions" thereof (i.e., California Health and Safety Code Sections 34172(d), 34174, 34177(d), 34183(a)(4), and 34188) violate the "contract clauses" of the United States and California Constitutions (U.S. Const. art. 1, § 10, c1.1; Cal. Const. art. 1, § 9) because they unconstitutionally impair the contracts among the former redevelopment agencies, bondholders and Syncora. The complaint also alleged that the Redistribution Provisions violate the "Takings Clauses" of the United States and California Constitutions (U.S. Const. amend. V; Cal Const. art. 1 § 19) because they unconstitutionally take and appropriate bondholders' and Syncora's contractual right to critical security mechanisms without just compensation. After hearing by the Sacramento County Superior Court on May 3, 2013, the Superior Court ruled that Syncora's constitutional claims based on contractual impairment were premature. The Superior Court also held that Syncora's takings claims, to the extent based on the same arguments, were also premature. Pursuant to a Judgment stipulated to by the parties, the Superior Court on October 3, 2013, entered its order dismissing the action. The Judgment, however, provides that Syncora preserves its rights to reassert its challenges to the Dissolution Act in the future. The Successor Agency does not guarantee that any reassertion of challenges by Syncora or that the final results of any of the judicial actions brought by others challenging the Dissolution Act will not result in an outcome that may have a material adverse effect on the Successor Agency's ability to timely pay debt service on the Bonds. Reduction in Taxable Value Tax increment revenues allocated to the Successor Agency are determined by the amount of incremental taxable value in the Project Area allocable to the Project Area and the current rate or rates at which property in the Project Area is taxed. The reduction of taxable values of property caused by economic factors beyond the Successor Agency's control, such as a relocation out of the Project Area by one or more major property owners, or the transfer, pursuant to California Revenue and Taxation Code Section 68, of a lower assessed valuation to property within the Project Area by a person displaced by eminent domain or similar proceedings, or the discovery of hazardous substances on a property within the Project Area (see "Hazardous Substances," below) or the complete or partial destruction of such property caused by, among other eventualities, an earthquake (see "Earthquake," below), flood or other natural disaster, could cause a reduction in the Tax Revenues securing the Bonds. Property owners may also appeal to the County Assessor for a reduction of their assessed valuations or the County Assessor could order a blanket reduction in assessed valuations based on then current economic conditions. See APPENDIX A — "Report of Fiscal Consultant - Assessment Appeals." Risks of Real Estate Secured Investments Generally The Owners and Beneficial Owners of the Bonds will be subject to the risks generally incident to an investment secured by real estate, including, without limitation, (a) adverse changes in local market conditions, such as changes in the market value of real property within and in the vicinity of the respective project areas, the supply of or demand for competitive properties in such project areas, and the market value of competitive properties in the event of sale or foreclosure, (b) changes in real estate tax rates and other operating expenses, governmental rules (including, without limitation, zoning laws and laws relating to endangered species and hazardous materials) and fiscal policies, and (c) natural disasters (including, without limitation, earthquakes, fires, droughts and floods), which may result in uninsured losses. Reduction in Inflationary Rate and Changes in Legislation As described in greater detail below (see "LIMITATIONS ON TAX REVENUES"), Article XIIIA of the California Constitution provides that the full cash value base of real property used in determining taxable value may be adjusted from year to year to reflect the inflationary rate, not to exceed a 2% increase for any given year, or may be reduced to reflect a reduction in the consumer price index or comparable local data. Such P430 measure is computed on a calendar year basis. Article XIIIA limits inflationary assessed value adjustments to the lesser of the actual inflationary rate or 2% and there have been several years in which taxable values were adjusted by an actual inflationary rate that was less than 2%. The adjusted inflationary rate for fiscal year 2016- 17 is 1.525%. The Successor Agency is unable to predict whether future annual inflationary adjustments to the taxable value base of real property within the Project Area will be in the amount of the full 2% permitted under Article XIIIA or will be in an amount less than 2%. The projections assume a growth rate of 2%, however, the growth rate may be lower. Change in Law In addition to the other limitations on Tax Revenues, the California electorate or Legislature could adopt a constitutional or legislative property tax decrease with the effect of reducing Tax Revenues payable to the Successor Agency. There is no assurance that the California electorate or Legislature will not at some future time approve additional limitations that could reduce the Tax Revenues and adversely affect the security of the Bonds. Bankruptcy of Landowners The bankruptcy of a major assessee in the Project Area could delay and/or impair the collection of property taxes by the County with respect to properties in the bankruptcy estate. Although the Successor Agency is not aware of any major property owners in the Project Area that are in bankruptcy or threatening to declare bankruptcy, the Successor Agency cannot predict the effects on the collections of Tax Revenues if such an event were to occur. Earthquake and Other Natural Calamities There are several earthquake faults in the Rancho Cucamonga area that potentially could result in damage to buildings, roads, bridges, and property within the Project Area in the event of an earthquake. Past experiences, including the July 1992, Landers 7.5 and Big Bear 6.6 Richter Scale earthquakes, have not resulted in damage to infrastructure or property in Rancho Cucamonga. One fault that could affect the Project Area is the San Andreas Fault, which is located approximately 20 miles northeast of the City. The Cucamonga Fault lies at the north end of territory recently annexed to the City and the Etiwanda Fault (also known as the Red Hill Fault) lies within the City boundaries. If an earthquake were to substantially damage or destroy taxable property within the Project Area, the assessed valuation of such property would be reduced. Such a reduction of assessed valuations could result in a reduction of the Tax Revenues that secure the Bonds, which in turn could impair the ability of the Successor Agency to make payments of principal of and/or interest on the Bonds when due. From time to time, the region is subject to other natural calamities which could adversely affect economic activity in the City, and which could have a negative impact on the general economy and the values of properties in the Project Area. There can be no assurance that the occurrence of any natural calamity, such as earthquake, flooding or wildfire, would not cause substantial reduction in the assessed valuations of properties in the Project Area. Such a reduction of assessed valuations could result in a reduction of the Tax Revenues that secure the Bonds. Levy and Collection of Taxes The Successor Agency has no independent power to levy and collect property taxes. Any reduction in the tax rate or the implementation of any constitutional or legislative property tax decrease could reduce the Tax Revenues and, accordingly, could have an adverse impact on the ability of the Successor Agency to make debt service payments on the Bonds. Likewise, delinquencies in the payment of property taxes could have an adverse effect on the Successor Agency's ability to make timely debt service payments on the Bonds. P431 Estimated Revenues In estimating that Tax Revenues will be sufficient to pay debt service on the Bonds, the Successor Agency has made certain assumptions with regard to present and future assessed valuation in the Project Area, future tax rates and percentage of taxes collected. The Successor Agency believes these assumptions to be reasonable, but there is no assurance these assumptions will be realized and to the extent that the assessed valuation and the tax rates are less than expected, the Tax Revenues available to pay debt service on the Bonds will be less than those projected and such reduced Tax Revenues may be insufficient to provide for the payment of principal of, premium (if any) and interest on the Bonds. Hazardous Substances An additional environmental condition that may result in the reduction in the assessed value of property would be the discovery of a hazardous substance that would limit the beneficial use of taxable property within the Project Area. In general, the owners and operators of a property may be required by law to remedy conditions of the property relating to releases or threatened releases of hazardous substances. The owner or operator may be required to remedy a hazardous substance condition of property whether or not the owner or operator has anything to do with creating or handling the hazardous substance. The effect, therefore, should any of the property within the Project Area be affected by a hazardous substance, could be to reduce the marketability and value of the property by the costs of remedying the condition. Direct and Overlapping Indebtedness The ability of land owners within the respective project area to pay property tax installments as they come due could be affected by the existence of other taxes and assessments, imposed upon the land. In addition, other public agencies whose boundaries overlap those of the respective project area could, without consent of the Successor Agency, and in certain cases without the consent of the owners of the land within the Project Area, impose additional taxes or assessment liens on the property to finance public improvements. Future Legislation and Initiatives Article XIIIA, Article XIIIB and Proposition 218 were each adopted as measures that qualified for the ballot pursuant to California's initiative process. From time to time other initiative measures could be adopted, further affecting revenues of the Successor Agency or the Successor Agency's ability to expend revenues. In addition, there are currently a number of proposed legislative changes to the Dissolution Act which, if adopted, would also affect revenues of the Successor Agency or the Successor Agency ability to expend revenues. The nature and impact of these measures cannot currently be anticipated. Assessment Appeals Property taxable values may be reduced as a result of a successful appeal of the taxable value determined by the County Assessor. An appeal may result in a reduction to the County Assessor's original taxable value and a tax refund to the applicant property owner. A reduction in taxable values within the respective project area and the refund of taxes which may arise out of successful appeals by property owners will affect the amount of Tax Revenues and, potentially, Revenues under the Indenture. The Successor Agency has in the past experienced reductions in its tax increment revenues as a result of assessment appeals. The actual impact to tax increment is dependent upon the actual revised value of assessments resulting from values determined by the County Assessment Appeals Board or through litigation and the ultimate timing of successful appeals. For a discussion of historical assessment appeals in the Project Area and summary information regarding pending and resolved assessment appeals for the Successor Agency, see Appendix A - Fiscal Consultant's Report. P432 Bond Insurance Risk Factors The Successor Agency has received a bond insurance policy (the "Policy") to guarantee the scheduled payment of principal and interest on the Insured Bonds. The following are risk factors relating to bond insurance. In the event of default of the payment of principal or interest with respect to the Bonds when all or some becomes due, any Owner of the Bonds shall have a claim under the Policy for such payments. However, in the event of any acceleration of the due date of such principal by reason of optional redemption or acceleration resulting from default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments are to be made in such amounts and at such times as such payments would have been due had there not been any such acceleration. The Policy does not insure against redemption premium, if any. The payment of principal and interest in connection with mandatory or optional prepayment of the Bonds by the Successor Agency which is recovered by the Successor Agency from the bond owner as a voidable preference under applicable bankruptcy law is covered by the insurance policy, however, such payments will be made by (the "Bond Insurer") at such time and in such amounts as would have been due absence such prepayment by the Successor Agency unless the Bond Insurer chooses to pay such amounts at an earlier date. Under most circumstances, default of payment of principal and interest does not obligate acceleration of the obligations of the Bond Insurer without appropriate consent. The Bond Insurer may direct and must consent to any remedies and the Bond Insurer's consent may be required in connection with amendments to any applicable bond documents. In the event the Bond Insurer is unable to make payment of principal and interest as such payments become due under the Policy, the Bonds are payable solely from the moneys received pursuant to the applicable bond documents. In the event the Bond Insurer becomes obligated to make payments with respect to the Bonds, no assurance is given that such event will not adversely affect the market price of the Bonds or the marketability (liquidity) for the Bonds. The long-term ratings on the Bonds are dependent in part on the financial strength of the Bond Insurer and its claim paying ability. The Bond Insurer's financial strength and claims paying ability are predicated upon a number of factors which could change over time. No assurance is given that the long-term ratings of the Bond Insurer and of the ratings on the Bonds insured by the Bond Insurer will not be subject to downgrade and such event could adversely affect the market price of the Bonds or the marketability (liquidity) for the Bonds. See description of "OTHER INFORMATION — Ratings" herein. The obligations of the Bond Insurer are contractual obligations and in an event of default by the Bond Insurer, the remedies available may be limited by applicable bankruptcy law or state law related to insolvency of insurance companies. Neither the Successor Agency nor the Underwriter has made independent investigation into the claims paying ability of the Bond Insurer and no assurance or representation regarding the financial strength or projected financial strength of the Bond Insurer is given. Thus, when making an investment decision, potential investors should carefully consider the ability of the Successor Agency to pay principal and interest on the Bonds and the claims paying ability of the Bond Insurer, particularly over the life of the investment. See "MUNICIPAL BOND INSURANCE" herein for further information provided by the Bond Insurer and the Policy, which includes further instructions for obtaining current financial information concerning the Bond Insurer. Economic Risks The Agency's ability to make payments on the respective Bonds will be partially dependent upon the economic strength of the Project Area. If there is a decline in the general economy of the Project Area, the owners of property may be less able or less willing to make timely payments of property taxes causing a delay P433 or stoppage of tax increment revenues. In the event of decreased values, Tax Revenues may decline even if property owners make timely payment of taxes. Under the Indenture, the principal due on the Bonds is subject to acceleration upon the occurrence of an Event of Default. If an Event of Default occurs under the Indenture, as a practical matter, Bond Owners will be limited to enforcing the obligation of the Agency to repay the Bonds on an annual basis to the extent of the Tax Revenues. No real or personal property in the Project Area is pledged to secure the Bonds, and it is not anticipated that the Agency will have available moneys sufficient to redeem all of the Bonds upon the occurrence of an Event of Default. Investment Risk Funds held under the Indenture are required to be invested in Permitted Investments as provided under the Indenture. See APPENDIX D attached hereto for a summary of the definition of Permitted Investments. The funds and accounts of the Successor Agency, into which a portion of the proceeds of the Bonds will be deposited and into which Tax Revenues are deposited, may be invested by the Successor Agency in any investment authorized by law. All investments, including the Permitted Investments and those authorized by law from time to time for investments by municipalities, contain a certain degree of risk. Such risks include, but are not limited to, a lower rate of return than expected and loss or delayed receipt of principal. Further, the Successor Agency cannot predict the effects on the receipt of Tax Revenues if the County were to suffer significant losses in its portfolio of investments or if the County or the City were to become insolvent or declare bankruptcy. See "BONDOWNERS' RISKS — Bankruptcy." Secondary Market There can be no guarantee that there will be a secondary market for the Bonds, or, if a secondary market exists, that the Bonds can be sold for any particular price. Occasionally, because of general market conditions or because of adverse history or economic prospects connected with a particular issue, secondary marketing practices in connection with a particular issue are suspended or terminated. Additionally, prices of issues for which a market is being made will depend upon the then prevailing circumstances. Bankruptcy The rights of the Owners of the Bonds may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights under currently existing law or laws enacted in the future and may also be subject to the exercise of judicial discretion under certain circumstances. The opinions of Bond Counsel as to the enforceability of the obligation to make payments on the Bonds will be qualified as to bankruptcy and such other legal events. See "APPENDIX F — Form of Opinion of Bond Counsel." Federal Tax -Exempt Status of the Bonds The Internal Revenue Code of 1986, as amended (the "Code") imposes a number of requirements that must be satisfied for interest on state and local obligations, such as the Bonds, to be excludable from gross income for federal income tax purposes. These requirements include limitations on the use of Bond proceeds, limitations on the investment earnings on Bonds proceeds prior to expenditure, a requirement that certain investment earnings on the Bond proceeds be paid periodically to the United States and a requirement that the issuers file an information report with the Internal Revenue Service (the "IRS"). The Agency has covenanted in certain of the documents referred to herein that they will comply with such requirements. Failure to comply with the requirements stated in the Code and related regulations, rulings and policies may result in the treatment of interest on the Bonds as taxable, retroactively to the date of issuance of such Bonds. P434 IRS Audit of Tax -Exempt Issues The IRS has initiated an expanded program for the auditing of tax-exempt issues, including both random and targeted audits. It is possible that the Bonds will be selected for audit by the IRS. It is also possible that the market value of the Bonds might be affected as a result of such an audit of the Bonds (or by an audit of similar obligations). P435 LIMITATIONS ON TAX REVENUES Property Tax Limitations - Article XIIIA Article XIIIA of the California Constitution. Section 1(a) of Article XIIIA of the California Constitution limits the maximum ad valorem tax on real property to one percent of full cash value, to be collected by the counties and apportioned according to law. Section 2 of Article XIIIA defines "full cash value" to mean "the county assessor's valuation of real property as shown on the 1975/76 tax bill under full cash value or, thereafter, the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment." The full cash value may be adjusted annually to reflect inflation at a rate not to exceed 2% per year, or reduction in the consumer price index or comparable data for the area under taxing jurisdiction or reduced in the event of declining property value caused by substantial damage, destruction or other factors. Legislation enacted by the California Legislature to implement Article XIIIA provides that notwithstanding any other law, local agencies may not levy any ad valorem property tax except to pay debt service on indebtedness approved by the voters as described above. In the general elections of 1986, 1988, and 1990, the voters of the State approved various measures which further amended Article XIIIA. One such amendment generally provides that the purchase or transfer of (i) real property between spouses or (ii) the principal residence and the first $1,000,000 of the full cash value of other real property between parents and children, do not constitute a "purchase" or "change of ownership" triggering reassessment under Article XIIIA. This amendment will reduce the tax increment of the Successor Agency. Other amendments permitted the Legislature to allow persons over 55 who sell their residence on or after November 5, 1986, to buy or build another of equal or lesser value within two years in the same county, to transfer the old residence's assessed value to the new residence, and permitted the Legislature to authorize each county under certain circumstances to adopt an ordinance making such transfers or assessed value applicable to situations in which the replacement dwelling purchased or constructed after November 8, 1988, is located within that county and the original property is located in another county within California. In the June 1990 election, the voters of the State approved additional amendments to Article XIIIA permitting the State Legislature to extend the replacement dwelling provisions applicable to persons over 55 to severely disabled homeowners for replacement dwellings purchased or newly constructed on or after June 5, 1990, and to exclude from the definition of "new construction" triggering reassessment improvements to certain dwellings for the purpose of making the dwelling more accessible to severely disabled persons. In the November 1990 election, the voters approved the amendment of Article XIIIA to permit the State Legislature to exclude from the definition of "new construction" seismic retrofitting improvements or improvements utilizing earthquake hazard mitigation technologies constructed or installed in existing buildings after November 6, 1990. Both the California Supreme Court and the United States Supreme Court have upheld the constitutionality of Article XIIIA. Article XIIIB of the California Constitution. On November 6, 1979, California voters approved Proposition 4, the Gann Initiative, which added Article XIIIB to the California Constitution. The principal effect of Article XIIIB is to limit the annual appropriations of the State and any city, county, school district, authority or other political subdivision of the State to the level of appropriations for the prior fiscal year, as adjusted for changes in the cost of living, population and services rendered by the government entity. Appropriations subject to Article XIIIB include generally the proceeds of taxes levied by the State or other entity of local government, exclusive of certain State subventions, refunds of taxes, benefit payments from retirement, unemployment insurance and disability insurance funds. Effective September 30, 1980, the California Legislature added Section 33678 to the Law which provides that the allocation of taxes to a redevelopment agency for the purpose of paying principal of, or interest on, loans, advances, or indebtedness will not be deemed the receipt by the agency of proceeds of taxes levied by or on behalf of the agency within the meaning of Article XIIIB or any statutory provision enacted in implementation thereof, including Section 33678 of the Law. The constitutionality of Section 33678 has been P436 upheld by the Second and Fourth District Courts of Appeal in two decisions: Bell Community Redevelopment Agency v. Woosely and Brown v. Community Redevelopment Agency of the City of Santa Ana. On the basis of these decisions, the Successor Agency has not adopted an appropriations limit. Proposition 218. On November 5, 1996, the voters of the State approved Proposition 218, the "Right to Vote on Taxes Act." Proposition 218 added Articles XIIIC and XIIID to the State Constitution, which contain a number of provisions affecting the ability of the public agencies to levy and collect both existing and future taxes, assessments, fees and charges. Article XIIIC removes limitations on the initiative power in matters of local taxes, special taxes, assessments, fees and charges. While the matter is not free from doubt, it is likely that a court would hold that the initiative power cannot be used to reduce or repeal the levy of property taxes or to materially affect the collection and pledge of Tax Revenues. The interpretation and application of the initiative provisions of Proposition 218 will ultimately be determined by the courts with respect to a number of the matters discussed above, and while it is not possible at this time to predict with certainly the outcome of such determination, the Successor Agency does not believe that Proposition 218 will materially affect its ability to pay principal of or interest on the Bonds. Implementing Legislation Legislation enacted by the California Legislature to implement Article XIIIA provides that all taxable property is shown at full assessed value as described above. In conformity with this procedure, all taxable property value is shown at 100% of assessed value and all general tax rates reflect the $1.00 per $100 of taxable value. Tax rates for bond debt service and pension liability are also applied to 100% of assessed value. Future assessed valuation growth allowed under Article XIIIA (new construction, change of ownership, 2% annual value growth) will be allocated on the basis of "situs" among the jurisdictions that serve the tax rate area within which the growth occurs. Local agencies and school districts will share the growth of "base" revenue from the tax rate area. Each year's growth allocation becomes part of each agency' s allocation in the following year. The Successor Agency is not able to predict the nature or magnitude of future revenue sources which may be provided by the State to replace lost property tax revenues. Article XIIIA effectively prohibits the levying of any other ad valorem property tax above the 1% limit except for taxes to support indebtedness approved by the voters as described above. Unitary Property Assembly Bill 2890 (Statutes of 1986, Chapter 1457), which added Section 98.9 to the California Revenue and Taxation Code, provided that, commencing with the Fiscal Year 1988-89, assessed value derived from State -assessed unitary property (consisting mostly of operational property owned by utility companies) was to be allocated county -wide as follows: (i) each tax rate area will receive the same amount from each assessed utility received in the previous fiscal year unless the applicable county -wide values are insufficient to do so, in which case values will be allocated to each tax rate area on a pro rata basis; and (ii) if values to be allocated are greater than in the previous fiscal year, each tax rate area will receive a pro rata share of the increase from each assessed utility according to a specified formula. Additionally, the lien date on State - assessed property was changed from March 1 to January 1. Assembly Bill 454 (Statutes of 1987, Chapter 921) further modified the distribution of tax revenues derived from property assessed by the State Board of Equalization. Chapter 921 provided for the consolidation of all State -assessed property, except for regulated railroad property, into a single tax rate area in each county. Chapter 921 further provided for a new method of establishing tax rates on State -assessed property and distribution of property tax revenues derived from State -assessed property to taxing jurisdictions within each county as follows: for revenues generated from the 1% tax rate, each jurisdiction, including redevelopment project areas, will receive a percentage up to 102% of its prior year State -assessed unitary revenue; and if county -wide revenues generated for unitary property are greater than 102% of the previous year's unitary P437 revenues, each jurisdiction will receive a percentage share of the excess unitary revenue generated from the application of the debt service tax rate to county -wide unitary taxable value, further, each jurisdiction will receive a percentage share of revenue based on the jurisdiction's annual debt service requirements and the percentage of property taxes received by each jurisdiction from unitary property taxes in accordance with a new formula. Railroads will continue to be assessed and revenues allocated to all tax rate areas where railroad property is sited. The intent of Chapters 1457 and 921 was to provide redevelopment agencies with their appropriate share of revenue generated from the property assessed by the State Board of Equalization. The Successor Agency has projected the amount of unitary revenues to be allocated for 2016-17 within the Project Area. The Successor Agency cannot predict the effect of any future litigation or settlement agreements on the amount of unitary tax revenues received or to be received nor the impact on unitary property tax revenues of any transfer of electrical transmission lines to tax-exempt agencies. Tax Collection Fees Legislation enacted by the State Legislature authorizes county auditors to determine property tax administration costs proportionately attributable to local jurisdictions and to submit invoices to the jurisdictions for such costs. Subsequent legislation specifically includes redevelopment agencies among the entities which are subject to a property tax administration charge. The County administration fee amounts to approximately 2% of the tax increment revenues from a Project Area. The calculations of Tax Revenues take such administrative costs into account. Future Initiatives Article XIIIA, Article XIIIB and Proposition 218 were each adopted as measures that qualified for the ballot under California's initiative process. From time to time other initiative measures could be adopted, further affecting Agency revenues or the Agency's ability to expend revenues. OTHER INFORMATION Continuing Disclosure P438 Continuing Disclosure Certificate of Successor Agency. The Successor Agency will undertake all responsibilities for continuing disclosure to Owners of the Bonds as described below, and will act as Dissemination Agent, as described in the Continuing Disclosure Certificate. See "APPENDIX G - FORM OF CONTINUING DISCLOSURE CERTIFICATE." These covenants have been made in order to assist the Underwriter in complying with S.E.C. Rule 15c2 -12(b)(5). Historical Compliance by the City and Related Entities. In general, the City, the Rancho Cucamonga Redevelopment Agency (currently, the Successor Agency) and the Rancho Cucamonga Public Finance Authority complied with their continuing disclosure filing undertakings for fiscal year 2010-11through fiscal year 2015-16. However, some of the filings for the City's land -secured bonds were filed late for fiscal year 2011-12 (35 days) and the audited financial statements of the City were filed late for fiscal year 2011-12 (34 days). In 2012-13 the annual disclosure report for bonds of Community Facilities District No. 2003-1 (Improvement Area No. 1) was 124 days late. In addition, the Public Finance Authority and Successor Agency failed to file notices of bond insurer -related rating upgrades and downgrades on a timely basis. Finally, the Successor Agency has omitted disclosures in its annual report regarding cumulative tax increment received in each fiscal year from 2007-08 to 2012-13. The Successor Agency does not have a cumulative tax increment receipt cap and therefore has filed a supplemental disclosure report explaining that there is no cumulative tax increment cap and disclosing information about the Successor Agency's annual tax increment limit of $100,000,000. As discussed in this Official Statement the $100,000,000 tax increment does not apply to debt service on the Bonds and will not be in future disclosure reports. The City and the Successor Agency have adopted policies and procedures regarding initial and continuing disclosure practices and designating a responsible officer to manage the debt disclosure program. The City has recently adopted policies for continuing disclosure compliance and has retained Willdan to serve as dissemination agent for its bond issues and the bond issuers of its constituent agencies. Litigation At the time of delivery of and payment for the Bonds and the Successor Agency will certify that, except as disclosed herein, to its best knowledge there is no litigation, action, suit, proceeding or investigation, at law or in equity, before or by any court, governmental agency or body, pending against or threatened against the Successor Agency in any way affecting the existence of the Successor Agency or the titles of its officers to their offices or seeking to restrain or enjoin the issuance, sale or delivery of the Bonds, the application of the proceeds thereof in accordance with the Indenture, or the collection or application of Tax Revenues to be pledged to pay the principal of and interest on the Bonds, or the pledge thereof, or in any way contesting or affecting the validity or enforceability of the Bonds, the Indenture, or any action of the Successor Agency contemplated by any of said documents, or in any way contesting the completeness or accuracy of this Official Statement or the powers of the Successor Agency or its authority with respect to the Indenture or any action of the Successor Agency contemplated by said documents, or in any way contesting the completeness or accuracy of this Official Statement or the powers of the Successor Agency or its authority with respect to the Indenture or any action of the Successor Agency contemplated by said documents, or which would adversely affect the exclusion of interest paid on the Bonds from gross income for Federal income tax purposes or the exemption of interest paid on the Bonds from California personal income taxation, nor, to the knowledge of the Successor Agency, is there any basis therefor. Tax Matters In the opinion of Best Best & Krieger LLP, Riverside, California, Bond Counsel, under existing statutes, regulations, rulings and judicial decisions, interest on the Bonds is excluded from gross income for federal income tax purposes. In the further opinion of Bond Counsel, interest on the Bonds is exempt from State of California personal income tax. Bond Counsel notes that interest on the Bonds is not an item of tax preference P439 for purposes of calculating the federal alternative minimum tax imposed on individuals. Bond Counsel further notes, however, that, with respect to corporations, such interest may be included as an adjustment in the calculation of alternative minimum taxable income, which may affect the alternative minimum tax liability of corporations. Bond Counsel's opinion as to the exclusion from gross income for federal income tax purposes of interest on the Bonds is based upon certain representations of fact and certifications made by the City, the Underwriter and others and is subject to the condition that the City complies with all requirements of the Internal Revenue Code of 1986, as amended (the "Code") that must be satisfied subsequent to the issuance of the Bonds to assure that interest on the Bonds will not become includable in gross income for federal income tax purposes. Failure to comply with such requirements of the Code might cause interest on the Bonds to be included in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds. The City has covenanted to comply with all such requirements. Should the interest on the Bonds become includable in gross income for federal income tax purposes, the Bonds are not subject to early redemption as a result of such occurrence and will remain outstanding until maturity or until otherwise redeemed in accordance with the Fiscal Agent Agreement. Current and future legislative proposals, if enacted into law, clarification of the Code or court decisions may cause interest on the Bonds to be subject, directly or indirectly, to federal income taxation or to be subject to or exempted from state income taxation, or otherwise prevent Bond Owners from realizing the full current benefit of the tax status of such interest. From time to time legislative proposals are announced which generally would limit the exclusion from gross income of interest on obligations like the Bonds to some extent for taxpayers who are individuals and whose income is subject to higher marginal income tax rates. Other proposals have been made that could significantly reduce the benefit of, or otherwise affect, the exclusion from gross income of interest on obligations like the Bonds. The introduction or enactment of any such legislative proposals, clarification of the Code or court decisions may also affect, perhaps significantly, the market price for, or marketability of, the Bonds. Prospective purchasers of the Bonds should consult their own tax advisors regarding any pending or proposed federal or state tax legislation, regulations or litigation, and regarding the impact of future legislation, regulations or litigation, as to which Bond Counsel expresses no opinion. Bond Counsel's opinion may be affected by action taken (or not taken) or events occurring (or not occurring) after the date of issuance of the Bonds. Bond Counsel has not undertaken to determine, or to inform any person, whether any such action or events are taken or do occur, or whether such actions or events may adversely affect the value or tax treatment of a Bond, and Bond Counsel expresses no opinion with respect thereto. The Internal Revenue Service (the "IRS") has initiated an expanded program for auditing tax-exempt bond issues, including both random and targeted audits. It is possible that the Bonds will be selected for audit by the IRS. It is also possible that the market value of the Bonds might be affected as a result of such an audit (or by an audit of similar bonds). Although Bond Counsel has rendered an opinion that interest on the Bonds is excluded from gross income for federal income tax purposes provided the City continues to comply with certain requirements of the Code, the accrual or receipt of interest on the Bonds may otherwise affect the tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient's particular tax status and other items of income or deductions. Bond Counsel expresses no opinion regarding any such consequences. Accordingly, all potential purchasers should consult their tax advisors before purchasing any of the Bonds. A copy of the proposed form of opinion of Bond Counsel is attached hereto as Appendix F. P440 Legal Opinion Best Best & Krieger LLP, Riverside, California, will render its opinion with respect to the validity of the Bonds in substantially the form set forth in Appendix F hereto. Copies of the approving opinion will be available at the time of delivery of the Bonds. In addition, Best Best & Krieger LLP, as Disclosure Counsel, will deliver to the Agency and to the Underwriter a letter in customary form concerning the information set forth in this Official Statement. Ratings S&P Global Rating Services, a business unit of Standard & Poor's Financial Services LLC business, a part of McGraw Hill Financial ("Standard & Poor's") has assigned to the Bonds its municipal bond rating of The rating issued reflects only the view of such rating agency, and any explanation of the significance of such rating should be obtained from such rating agency. There is no assurance that such rating will be retained for any given period of time or that they will not be revised downward or withdrawn entirely by such rating agency if, in the judgment of such rating agency, circumstances so warrant. Any such downward revision or withdrawal of any rating obtained may have an adverse effect on the market price of the Bonds. Underwriting Stifel, Nicolaus & Company, Incorporated (the "Underwriter") has agreed to purchase the Bonds at a price of $ (being the principal amount of the Bonds, plus a net original issue premium of $ , less an underwriter's discount of $ ) under a Bond Purchase Agreement between the Successor Agency and the Underwriter. The Underwriter may offer and sell the Bonds to certain dealers and others at a price lower than the offering price stated on the inside cover page hereof. The offering price may be changed from time to time by the Underwriter. In October of 2015, the Underwriter donated to the Rancho Cucamonga Community & Arts Foundation. [Remainder of page intentionally left blank] P441 Miscellaneous All quotations from and summaries and explanations of the Indenture and other statutes and documents contained herein do not purport to be complete, and reference is made to such documents, Indenture and statutes for full and complete statements of their provisions. This Official Statement is submitted only in connection with the sale of the Bonds by the Successor Agency. All estimates, assumptions, statistical information and other statements contained herein, while taken from sources considered reliable, are not guaranteed by the Successor Agency. The information contained herein should not be construed as representing all conditions affecting the Successor Agency or the Bonds. SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY By: City Manager of the City of Rancho Cucamonga P442 APPENDIX A REPORT OF THE FISCAL CONSULTANT P443 APPENDIX B GENERAL INFORMATION CONCERNING THE CITY OF RANCHO CUCAMONGA General The City of Rancho Cucamonga (the "City") is located in the foothills of the Los Angeles -San Bernardino Basin in the western portion of San Bernardino County, approximately 40 miles east of the City of Los Angeles and 18 miles west of the City of San Bernardino. The City covers approximately 40.2 square miles and is bordered by Ontario on the south, Upland on the west and Fontana to the east; to the north are Cucamonga Peak and Mount Baldy. The City was incorporated on November 30, 1977, as a general law city operating under the council-manager form of government. It is governed by a five -member City Council (the "Council"), which includes a Mayor who is elected at large for a four-year term, and four Council Members are elected at large for staggered four-year terms. The Council appoints the City Manager and City Attorney. The City Manager is responsible for the daily administration of City affairs and for implementing Council policy and program decisions. The estimated population of the City was 175,251 as of January 1, 2016. The City planned unit developments emphasize high end housing and public services, which are represented by large lot sizes and high quality construction for residences and ample open space for public recreation. Homes within the City sell for the higher prices among major inland cities. The City's government, retail, office and manufacturing centers also emphasize a prosperous and well -organized look and urban ambience. Location is one of the City's principal advantages. Major ground transportation routes in and out of Southern California and the LA/Ontario International Airport are nearby. Retail, office, civic and cultural uses are contained in Victoria Gardens and it is home to sought-after retail tenants that had previously served inland cities from outlets in Southern California's coastal counties. Community venues include an adult sports complex, community center, cultural center, two libraries, and over 150 miles of hiking, biking and equestrian trails which have attracted families to live in the City. Population Prior to incorporation, the area generally within the corporate boundaries of the City experienced a rapid growth in population. Population figures for the City, the County and the State for the current and previous five years are shown in the following table. CITY OF RANCHO CUCAMONGA AND COUNTY OF SAN BERNARDINO Population Estimates City of County of State of Year Rancho Cucamonga San Bernardino California 2012 169,259 2,070,375 37,881,357 2013 170,114 2,086,559 38,239,207 2014 171,521 2,100,700 38,567,459 2015 173,202 2,121,088 38,907,642 2016 175,251 2,139,570 39,255,883 Source: State Department of Finance estimates (as of January 1). P444 Employment The City is included in the Riverside -San Bernardino -Ontario Metropolitan Statistical Area ("MSA"). The unemployment rate in the Riverside -San Bernardino -Ontario MSA was 6.6% in January 2015, down from 8.1% in January 2014. The following table summarizes the civilian labor force, employment and unemployment in the MSA for the calendar years 2011 through 2015. These figures are county -wide statistics and may not necessarily accurately reflect employment trends in the City. RIVERSIDE -SAN BERNARDINO-ONTARIO METROPOLITAN STATISTICAL AREA Civilian Labor Force, Employment and Unemployment (Annual Averages) 2011 2012 2013 2014 2015 Civilian Labor Force (1) 1,799,000 1,805,400 1,818,300 1,927,600 1,961,800 Employment 1,557,800 1,586,800 1,633,400 1,771,700 1,832,300 Unemployment 241,200 218,600 184,900 155,900 129,500 Unemployment Rate 13.4% 12.1% 10.2% 8.1% 6.6% Wage and Salary Employment: (2) Agriculture 14,900 15,000 14,600 14,400 15,100 Mining and Logging 1,000 1,200 1,200 1,300 1,300 Construction 59,100 62,600 69,300 77,600 85,200 Manufacturing 85,100 86,700 86,800 91,300 95,600 Wholesale Trade 49,000 52,100 56,000 58,900 61,700 Retail Trade 158,500 162,300 164,800 169,400 173,500 Transportation, Warehousing, Utilities 68,800 73,800 78,600 86,600 97,300 Utilities 5,400 5,400 Information 12,100 11,500 11,300 11,300 11,300 Finance and Insurance 25,300 26,000 26,400 26,000 26,100 Real Estate and Rental and Leasing 14,600 14,800 15,600 16,300 17,100 Professional and Business Services 125,800 127,100 132,600 139,300 144,400 Educational and Health Services 157,600 167,200 182,000 194,800 205,000 Leisure and Hospitality 124,000 129,300 136,200 144,800 151,500 Other Services 39,100 40,100 40,800 43,000 44,000 Federal Government 21,300 20,600 20,300 20,200 20,300 State Government 29,200 28,200 27,800 28,200 28,700 Local Government 177,100 175,800 176,900 180,400 184,400 Total, All Industries (3) 1,162,200 1,194,200 1,241,000 1,303,700 1,362,400 (1) Labor force data is by place of residence; includes self-employed individuals, unpaid family workers, household domestic workers, and workers on strike. (2) Industry employment is by place of work; excludes self-employed individuals, unpaid family workers, household domestic workers, and workers on strike. (3) Totals may not add due to rounding. Source: State of California Employment Development Department. P445 Major Employers The following table shows the major manufacturing and non -manufacturing employers within the City and their estimated number of employees as of June 30, 2015: CITY OF RANCHO CUCAMONGA Major Employers As of June 30, 2015 Company Chaffey Community College Etiwanda School District Inland Empire Health Plan (IEHP) Amphastar Pharmaceutical City of Rancho Cucamonga Southern California Edison Alta Loma School District Big Lots Distribution Center Mercury Insurance Company Central School District No. of Employees 1,229 1,058 1,000 880 849 800 623 600 600 527 Rank 1 2 3 4 5 6 7 8 9 10 Percent of Total Employment 1.46% 1.26 1.19 1.05 1.01 0.95 0.74 0.71 0.71 0.63 Source: City of Rancho Cucamonga, Finance Department, Comprehensive Annual Financial Report (CAFR), year ended June 30, 2015. Commercial Activity A summary of historic taxable sales within the City as of August 1, 2010 through 2014 in which data is available is shown in the following table. 2010(1) 2011(') 2012(1)(2) 2013 20140) CITY OF RANCHO CUCAMONGA Taxable Transactions Retail Number of Permits on August 1 2,407 2,426 2,558 2,445 2,566 Stores Taxable Transactions 1,504,740 1,617,886 1,736,078 1,781,006 1,322,650 Total All Outlets Number of Permits Taxable on August 1 Transactions 3,780 1,962,697 3,785 2,149,084 3,951 2,284,432 3,829 2,281,985 3,995 1,720,855 (1) Not comparable to prior years. "Retail" category now includes "Food Services." (2) Based on a tally from 1St quarter, 2nd quarter, 3rd quarter and 4th quarter reports. (3) Q1, Q2, Q3 only (Q4 not available yet). Source: California State Board of Equalization, Taxable Sales in California (Sales & Use Tax). A summary of historic taxable sales within the County as of August 1 2010 through 2014 in which data is available is shown in the following table. 2010(') 2011(') 2012('0(2) 2013 2014(3) COUNTY OF SAN BERNARDINO Taxable Transactions Number of Permits and Valuation of Taxable Transactions (Dollars in Thousands) Retail Number of Permits on August 1 34,068 34,140 35,095 32,986 34,455 Stores Taxable Transactions 17,308,880 18,736,053 19,980,937 21,173,875 16,355,268 Total All Outlets Number of Permits Taxable on August 1 Transactions 47,562 24,687,862 47,791 27,322,980 48,936 29,531,921 46,632 31,177,823 48,349 24,142,013 (1) Not comparable to prior years. "Retail" category now includes "Food Services." (2) Based on a tally from 1St quarter, 2nd quarter, 3rd quarter and 4th quarter reports. (3) Q1, Q2, Q3 only (Q4 not available yet). Source: California State Board of Equalization, Taxable Sales in California (Sales & Use Tax). Construction Activity Provided below are the building permits and valuations for the City for calendar years 2011 through 2015. Permit Valuation New Single-family New Multi -family Res. Alterations/Additions Total Residential New Commercial/Industrial New Other Com. Alterations/Additions Total Nonresidential New Dwelling Units Single Family Multiple Family TOTAL CITY OF RANCHO CUCAMONGA Total Building Permit Valuations (Valuations in Thousands) 2011 20120) 2013(') 2014 $49,375.1 $12,467.3 $ 71,160.1 $71,732,621 25,990.9 10,951.1 45,177.0 3,026,827 7,533.5 11,192.9 10,073.8 1,356,952 $82,899.5 $34,611.3 $126,410.9 $76,116,400 $ 233.1 $ 3,855.7 $ 10,463.0 $85,258,545 105.0 126.8 26,895.3 518,546 15,531.1 9,926.2 32,344.0 12,017,208 $15,869.2 $13,908.7 $ 69,702.3 $97,794,298 177 192 369 251 311 0 94 251 405 (1) 2012-2015 are estimates provided by City of Rancho Cucamonga. Source: 2011 Construction Industry Research Board, Building Permit Summary 324 31 355 2015 $ 98,145,367 9,362,342 2,963,925 $110,471,634 $49,409,971 149,569 16,302,168 $65,861,708 407 46 453 P446 P447 APPENDIX C CITY OF RANCHO CUCAMONGA AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2015 P448 APPENDIX D P449 APPENDIX E DTC AND THE BOOK ENTRY SYSTEM The description that follows of the procedures and recordkeeping with respect to beneficial ownership interests in the Bonds, payment of principal of, premium, if any, and interest on the Bonds to Participants or Beneficial Owners, confirmation and transfer of beneficial ownership interests in the Bonds, and other related transactions by and between DTC, Participants and Beneficial Owners, is based on information furnished by DTC which the Successor Agency believes to be reliable, but the Successor Agency does not take responsibility for the completeness or accuracy thereof. The Successor Agency cannot and does not give any assurances that DTC, DTC Participants or Indirect Participants will distribute to the Beneficial Owners either (a) payments of principal, premium, if any, and interest with respect to the Bonds or (b) certificates representing ownership interests in or other confirmation of ownership interests in the Bonds, or that they will so do on a timely basis or that DTC, DTC Participants or DTC Indirect Participants will act in the manner described in this Official Statement. The current "Rules" applicable to DTC are on file with the Securities and Exchange Commission and the current "Procedures" of DTC to be followed in dealing with DTC Participants are on file with DTC. The Depository Trust Company ("DTC"), New York, NY, will act as securities depository for the Bonds. The Bonds will be issued as fully -registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully -registered bond will be issued for each maturity (and each individual yield in the case of bifurcated maturities) of the Bonds, in the aggregate principal amount of such issue, and will be deposited with DTC. DTC, the world's largest securities depository, is a limited -purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non -U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the post -trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book -entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non -U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non -U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has a Standard & Poor's rating of AA+. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com; provided that nothing contained in such website is incorporated into this Official Statement. Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of each Series 2014 Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Bonds, except in the event that use of the book - entry system for the Bonds is discontinued. P450 To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as redemptions, tenders, defaults, and proposed amendments to the Indenture. For example, Beneficial Owners of Bonds may wish to ascertain that the nominee holding the Bonds for their benefit will agree to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them. Redemption notices shall be sent to DTC. If less than all of the Bonds within an issue are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Bonds unless authorized by a Direct Participant in accordance with DTC's MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the Successor Agency as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from the Successor Agency or the Trustee, on payable date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the Trustee, or the Successor Agency, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the Successor Agency or the Trustee, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. The Successor Agency may decide to discontinue use of the system of book -entry -only transfers through DTC (or a successor securities depository). In that event, bond certificates will be printed and delivered to DTC. NEITHER THE SUCCESSOR AGENCY NOR THE TRUSTEE WILL HAVE ANY RESPONSIBILITY OR OBLIGATION TO DTC PARTICIPANTS, INDIRECT PARTICIPANTS OR BENEFICIAL OWNERS WITH RESPECT TO THE PAYMENTS OR THE PROVIDING OF NOTICE TO DTC PARTICIPANTS, INDIRECT PARTICIPANTS OR BENEFICIAL OWNERS OR THE SELECTION OF BONDS FOR REDEMPTION. DTC (or a successor securities depository) may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the Successor Agency. The Successor Agency, in its sole discretion and without the consent of any other person, may terminate the services of DTC (or a successor securities depository) with respect to the Bonds. The Successor Agency undertakes no P451 obligation to investigate matters that would enable the Successor Agency to make such a determination. In the event that the book -entry system is discontinued as described above, the requirements of the Indenture will apply. THE SUCCESSOR AGENCY AND THE UNDERWRITER CANNOT AND DO NOT GIVE ANY ASSURANCES THAT DTC, THE PARTICIPANTS OR OTHERS WILL DISTRIBUTE PAYMENTS OF PRINCIPAL, INTEREST OR PREMIUM, IF ANY, WITH RESPECT TO THE BONDS PAID TO DTC OR ITS NOMINEE AS THE REGISTERED OWNER, OR WILL DISTRIBUTE ANY REDEMPTION NOTICES OR OTHER NOTICES, TO THE BENEFICIAL OWNERS, OR THAT THEY WILL DO SO ON A TIMELY BASIS OR WILL SERVE AND ACT IN THE MANNER DESCRIBED IN THIS OFFICIAL STATEMENT. THE SUCCESSOR AGENCY AND THE UNDERWRITER ARE NOT RESPONSIBLE OR LIABLE FOR THE FAILURE OF DTC OR ANY PARTICIPANT TO MAKE ANY PAYMENT OR GIVE ANY NOTICE TO A BENEFICIAL OWNER WITH RESPECT TO THE BONDS OR AN ERROR OR DELAY RELATING THERETO. The information in this section concerning DTC and DTC's book -entry system has been obtained from sources that the Successor Agency deems reliable, but the Successor Agency takes no responsibility for the accuracy thereof. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the Successor Agency or the Trustee. Under such circumstances, in the event that a successor securities depository is not obtained, Bonds are required to be printed and delivered as described in the Indenture. The Successor Agency may decide to discontinue use of the system of book -entry transfers through DTC (or a successor securities depository). In that event, Bonds will be printed and delivered as described in the Indenture and payment of interest to each Owner who owns of record $1,000,000 or more in aggregate principal amount of Bonds may be made to such Owner by wire transfer to such wire address within the United States that such Owner may request in writing for all Interest Payment Dates following the 15th day after the Trustee's receipt of such request. P452 APPENDIX F FORM OF OPINION OF BOND COUNSEL [Closing Date] Successor Agency to the Rancho Cucamonga Redevelopment Agency 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: $ Successor Agency to the Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Area Tax Allocation Refunding Bonds, Series 2016 Ladies and Gentlemen: We have reviewed the Constitution and laws of the State of California and certain proceedings taken by the Successor Agency to the Rancho Cucamonga Redevelopment Agency (the "Agency") in connection with the issuance by the Agency of the Successor Agency to the Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Area Tax Allocation Refunding Bonds, Series 2016 (the "Bonds"), pursuant to the provisions of Article II (commencing with Section 53580) of Chapter 3 of Part I of Division 2 of Title 5 of the California Government Code (the "Refunding Law") and pursuant to a Trust Indenture, dated as of March 1, 1990 (the "Original Indenture") by and between the former Rancho Cucamonga Redevelopment Agency (the "Former Agency") and Wells Fargo Bank, N.A., as trustee (the "Trustee"), as previously supplemented and amended, including that Fifth Supplemental Indenture dated July 1, 2014 (the "Fifth Supplement") and a Sixth Supplemental Indenture dated as of , 2016 between the Agency and the Trustee (the "Sixth Supplement," and together with the Fifth Supplement and the Original Indenture, the "Indenture"). The proceeds of the Bonds have been applied by the Agency to refinance certain redevelopment activities of the Former Agency. We have also examined such certified proceedings and other papers and materials as we deem necessary to render this opinion. In such connection, we have reviewed the Indenture, the tax certificate of the Agency for the Bonds dated the date hereof (the "Tax Certificate"), certificates of the Agency and others, and such other documents, opinions and matters to the extent we deemed necessary to render the opinions set forth herein. The opinions expressed herein are based on an analysis of existing laws, regulations, rulings and court decisions and cover certain matters not directly addressed by such authorities. Such opinions may be affected by actions taken or omitted or events occurring after the date hereof. We have not undertaken to determine, or to inform any person, whether any such actions are taken or omitted or events do occur or any other events come to our attention after the date hereof. Accordingly, this opinion speaks only as of its date and is not intended to, and may not, be relied upon in connection with any such actions, events or matters. Our engagement with respect to the Bonds has concluded with their issuance, and we disclaim any obligation to update this letter. We have assumed the genuineness of all documents and signatures presented to us (whether as originals or as copies) and the due and legal execution and delivery thereof by, and validity against, any parties other than the Agency. We have assumed, without undertaking to verify, the accuracy of the factual matters represented, warranted or certified in the documents, and of the legal conclusions contained in the opinions, referred to in the second paragraph hereof. Furthermore, we have assumed compliance with all covenants and agreements contained in the Indenture and the Tax Certificate, including (without limitation) covenants and agreements compliance with which is necessary to ensure that future actions, omissions or events will not cause interest on the Bonds to be included in gross income for federal income tax purposes. We call attention to the fact that the rights and obligations under the Bonds, the Indenture and the Tax Certificate and their enforceability may be subject to bankruptcy, insolvency, reorganization, arrangement, fraudulent conveyance, moratorium and other laws relating to or affecting creditors' rights, to the application of equitable principles, to the exercise of judicial discretion in appropriate cases, and to the limitations on legal remedies against cities and their subordinate P453 entities in the State of California. We express no opinion with respect to any indemnification, contribution, penalty, choice of law, choice of forum, choice of venue, waiver or severability provisions contained in the documents mentioned in the preceding sentence. Finally, we undertake no responsibility for the accuracy, completeness or fairness of the Official Statement or other offering materials relating to the Bonds and express no opinion with respect thereto. Based upon the foregoing, we are of the opinion, under existing law, that: 1. The Agency is a successor agency duly organized and validly existing under the laws of the State of California, with power to enter into the Indenture, to perform the agreements on its part contained therein and to issue the Bonds; 2. The Bonds constitute the valid and legally binding special obligations of the Agency enforceable in accordance with their terms and payable solely from the sources provided therefor in the Indenture; 3. The Indenture has been duly approved by the Agency and constitutes the valid and legally binding obligation of the Agency enforceable against the Agency in accordance with its terms except as such enforcement may be limited by bankruptcy, insolvency, moratorium, transfer or conveyance, or other laws affecting creditor's rights generally, or the exercise of judicial discretion in accordance with general principals of equity or otherwise in appropriate cases; provided, however, we express no opinion with respect to any indemnification, contribution, choice of law or waiver provisions contained therein; 4. The Indenture establishes a first lien on and pledge of the Tax Revenues (as such term is defined in the Indenture) and other funds pledged thereby for the security of the Bonds, in accordance with the terms of the Indenture; 5. Interest on the Bonds is exempt from California personal income taxation; and 6. Under existing statutes, regulations, rulings and court decisions, the interest on the Bonds is excluded from gross income for purposes of federal income taxation. Interest on the Bonds is not a specific preference item for purposes of the federal individual or corporate alternative minimum tax provisions of the Code; it should be further noted, however, that, with respect to corporations, such interest will be included in adjusted current earnings when calculating corporate alternative minimum taxable income. Although the interest on the Bonds is excluded from gross income for purposes of federal income taxation, the accrual or receipt of interest on the Bonds, or any portion thereof, may otherwise affect the federal income tax liability of the recipient. The extent of these other tax consequences will depend on the recipient's particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. Respectfully submitted, P454 APPENDIX G FORM OF CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the Successor Agency to the Rancho Cucamonga Redevelopment Agency (the "Agency") in connection with the issuance of $ aggregate principal amount of Successor Agency of the Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Area Tax Allocation Refunding Bonds, Series 2016 (the "Bonds"). The Bonds are being issued pursuant to a Trust Indenture, dated as of March 1, 1990, as amended and supplemented by a Sixth Supplemental Indenture, dated as of , 2016, between the Agency and Wells Fargo Bank, N.A., as trustee (the "Trustee"), (together, the "Indenture"). The Agency covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Agency for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriter in complying with Securities and Exchange Commission ("S.E.C.") Rule 15c2 - 12(b)(5). SECTION 2. Definitions. In addition to the definitions set forth in the Indenture, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Agency pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which has or shares the power, directly or indirectly, to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). "City" means the City of Rancho Cucamonga. "Dissemination Agent" shall mean Willdan, or any successor Dissemination Agent designated in writing by the Agency and which has filed with the Agency a written acceptance of such designation. "Holder" shall mean the person in whose name any Bond shall be registered. "Listed Events" shall mean any of the events listed in Section 5(a) or 5(b) of this Disclosure Certificate. "MSRB" shall mean the Municipal Securities Rulemaking Board or any other entity designated or authorized by the Securities and Exchange Commission to receive reports pursuant to the Rule. Until otherwise designated by the MSRB or the Securities and Exchange Commission, filings with the MSRB are to be made through the Electronic Municipal Market Access (EMMA) website of the MSRB, currently located at http://emma.msrb.org. "Participating Underwriter" shall mean the original underwriter of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Rule" shall mean Rule 15c2 -12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. SECTION 3. Provision of Annual Reports. (a) The Agency shall, or shall cause the Dissemination Agent to, not later than nine months after the end of the Agency's fiscal year (which shall be April 1 of each year, so long as the Issuer's fiscal year ends on June 30), commencing with the report for the 2015-16 fiscal year (which shall be April 1, 2017), provide to the MSRB an Annual Report which is consistent with the requirements of Section 4 of this Disclosure P455 Certificate. The Annual Report may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided, that the audited financial statements of the Agency may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the Agency's fiscal year changes, it shall give timely notice of such change in a filing with the MSRB. The Annual Report shall be submitted on a standard form in use by industry participants or other appropriate form and shall identify the Bonds by name and CUSIP number. (b) Not later than fifteen (15) Business Days prior to said date, the Agency shall provide the Annual Report to the Dissemination Agent (if other than the Agency). If the Agency is unable to provide to the MSRB an Annual Report by the date required in subsection (a), the Agency shall send or cause to be sent to the MSRB a notice in substantially the form attached as Exhibit A or such other form as prescribed or acceptable to the MSRB. (c) The Dissemination Agent shall (if the Dissemination Agent is other than the Agency), file a report with the Agency certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided to the MSRB. SECTION 4. Content of Annual Reports. The Agency's Annual Report shall contain or include by reference the following: (a) Audited financial statements of the Agency for the preceding fiscal year either as a separate audit of the Agency or as a combined statement with the City's comprehensive audited financial report, prepared in accordance with generally accepted accounting principles and the laws of the state of California, including all statements and information prescribed for inclusion therein by the Governmental Accounting Standards Board. If the audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be provided to the MSRB in the same manner as the Annual Report when they become available. To the extent not included in the audited financial statement of the Agency, the Annual Report shall also include the following: (b) Principal amount of Bonds outstanding. (c) Agency outstanding debt, including without limitation any Parity Bonds and subordinate debt. (d) Information regarding total assessed valuation of taxable properties within the Project Area, as set forth in Table 3 of the Official Statement of the Agency, dated , 2016 (the "Official Statement"), if and to the extent provided to the Agency by the County of San Bernardino (the "County"). (e) Information regarding total secured tax charges and delinquencies on taxable properties within the Project Area, including without limitation the identities of any delinquent taxpayers that account for more than 10% of the total tax levy within the Project Area, if and to the extent provided to the Agency by the County. (f) Information regarding the top ten (10) tax payers within the Project Area, as set forth in Table 1 of the Official Statement, if and to the extent provided to the Agency by the County. (g) Information regarding assessment appeals by large taxpayers and the estimated loss on appeal as shown in Tables 3 and 4 in the Official Statement. (h) Debt service coverage on the Bonds for the most recently completed fiscal year in substantially the form of Table 9 of the Official Statement; no projected coverage needs to be presented. Any or all of the items listed above may be set forth in one or a set of documents or may be included by specific reference to other documents, including official statements of debt issues of the Agency or related public P456 entities, which have been available to the public on the MSRB's website. The Agency shall clearly identify each such other document so included by reference. SECTION 5. Reporting of Significant Events. (a) Pursuant to the provisions of this Section 5, the Agency shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds in a timely manner not later than ten business days after the occurrence of the event: 1. Principal and interest payment delinquencies; 2. Unscheduled draws on debt service reserves reflecting financial difficulties; 3. Unscheduled draws on credit enhancements reflecting financial difficulties; 4. Substitution of credit or liquidity providers, or their failure to perform; 5. Adverse tax opinions or issuance by the Internal Revenue Service of proposed or final determination of taxability or of a Notice of Proposed Issue (IRS Form 5701 TEB); 6. Tender offers; 7. Defeasances; 8. Rating changes; or 9. Bankruptcy, insolvency, receivership or similar event of the obligated person. Note: for the purposes of the event identified in subparagraph (9), the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law, in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governmental body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (b) The Agency shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material, in a timely manner not later than ten business days after the occurrence of the event: 1. Unless described in paragraph 5(a)(5), other material notices or determinations by the Internal Revenue Service with respect to the tax status of the Bonds or other material events affecting the tax status of the Bonds; 2. Modifications to rights of Bondholders; 3. Optional, unscheduled or contingent Bond calls; 4. Release, substitution, or sale of property securing repayment of the Bonds; 5. Non-payment related defaults; 6. The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the P457 ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms; or 7. Appointment of a successor or additional trustee or the change of name of a trustee. (c) Upon the occurrence of a Listed Event described in Section 5(a), or upon the occurrence of a Listed Event described in Section 5(b) which the Issuer determines would be material under applicable federal securities laws, the Agency shall within ten (10) Business Days of occurrence file a notice of such occurrence with the MSRB. Notwithstanding the foregoing, notice of the Listed Event described in subsection (b)(3) need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to Holders of affected Bonds pursuant to the Indenture. SECTION 6. Format for Filings with MSRB. Any report or filing with the MSRB pursuant to this Disclosure Certificate must be submitted in electronic format, accompanied by such identifying information as is prescribed by the MSRB. SECTION 7. Termination of Reporting Obligation. The Agency's obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the Agency shall give notice of such termination in the same manner as for a Listed Event under Section 5(c). SECTION 8. Dissemination Agent. The Agency may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the Agency pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be the Agency. SECTION 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the Agency may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: (a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, 5(a) or 5(b), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of an obligated person with respect to the Bonds, or the type of business conducted; (b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) The amendment or waiver does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Holders or Beneficial Owners of the Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Agency shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Agency. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in a filing with the MSRB, and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. SECTION 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Agency from disseminating any other information, using the means of dissemination set forth in this P458 Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice required to be filed pursuant to this Disclosure Certificate, in addition to that which is required by this Disclosure Certificate. If the Agency chooses to include any information in any Annual Report or notice in addition to that which is specifically required by this Disclosure Certificate, the Agency shall have no obligation under this Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event or any other event required to be reported. SECTION 11. Default. In the event of a failure of the Agency to comply with any provision of this Disclosure Certificate any Holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Agency to comply with its obligations under this Disclosure Certificate; provided, that any such action may be instituted only in Superior Court of the State of California in and for the County of San Bernardino or in U.S. District Court in or nearest to the County. The sole remedy under this Disclosure Certificate in the event of any failure of the Agency to comply with this Disclosure Certificate shall be an action to compel performance. SECTION 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Agency, the Dissemination Agent, the Participating Underwriter and Holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. Date: , 2016. SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY By Executive Director P459 CONTINUING DISCLOSURE EXHIBIT A FORM OF NOTICE TO THE MUNICIPAL SECURITIES RULEMAKING BOARD OF FAILURE TO FILE ANNUAL REPORT Name of Agency: SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY Name of Bond Issue: SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY RANCHO REDEVELOPMENT PROJECT AREA TAX ALLOCATION REFUNDING BONDS, SERIES 2016 Date of Issuance: , 2016 NOTICE IS HEREBY GIVEN that the Agency has not provided an Annual Report with respect to the above- named Bonds as required by Section 4 of the Continuing Disclosure Certificate of the Agency, dated the Date of Issuance. [The Agency anticipates that the Annual Report will be filed by .] Dated: SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY By [to be sinned only if filedl P460 APPENDIX H STATE DEPARTMENT OF FINANCE DETERMINATION LETTER APPROVING THE BONDS September 21, 2016 City Council Meeting 1 P. City Manager's Staff Report Item P3 — Successor Agency Tax Allocation Refunding Bonds — Updates to the "Preliminary Official Statement" Pages 379, 385, 387-388, 390-392, 401, 409-411, 416, 424, 438, 455 E .y PRELIMINARY OFFICIAL STATEMENT DATED , 2016 o � NEW ISSUE INSURED BONDS RATINGS: S&P: " " BOOK ENTRY ONLY UNINSURED BONDS AND UNDERLYING RATINGS: S&P: "" (See, "OTHER INFORMATION," herein) o • 0) In the opinion of Best Best & Krieger LLP, Riverside, California, Bond Counsel, subject to certain qualifications described herein, under existing statutes, o regulations, rules and court decisions, and assuming certain representations and compliance with certain covenants and requirements described herein, the interest on the .z , Bonds is excluded from gross income for federal income fax purposes and is not an item of fax preference for purposes of the federal alternative minimum fax imposed on bg individuals and corporations, although for the purpose of computing the alternative minimum tax imposed on certain corporations, such interest is taken into account in • determining certain income and earnings. In the farther opinion of Bond Counsel, such interest is exempt from California personal income taxes. See "OTHER 1-8"f) INFORMATION—Tax Matters" herein. U Successor Agency to the o Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Area w p Tax Allocation Refunding Bonds, Series 2016 o o Dated: Date of Delivery Due: September 1, as shown below °'t The bonds, described herein, are Successor Agency to the Rancho Cucamonga Redevelopment Agency (the "Agency" or "Successor Agency") b -o Rancho Redevelopment Agency Project Area (the "Project Area"), Tax Allocation Refunding Bonds, Series 2016 (the "Bonds"), as further described o 0 .5 herein. a .2 The Bonds will be secured under a Trust Indenture (the "Original Indenture"), dated as of March 1, 1990, by and between the Former Agency a A :o �2 (defined herein) and Wells Fargo Bank, N.A., as trustee (the "Trustee") as previously amended and supplemented, and as further supplemented and ° amended by a Fifth Supplemental Indenture, dated as of July 1, 2014 between the Successor Agency and the Trustee (the "Fifth Supplement", and as 5 ro further supplemented by a Sixth Supplemental Indenture, dated as of October 1, 2016, between the Successor Agency and the Trustee (the c ti "Sixth Supplement," and together with the Fifth Supplement and the Original Indenture as amended and supplemented, the "Indenture"). The payments :Y due under the Indenture are secured by a pledge of, security interest in and lien on Tax Revenues (as defined in the Indenture and described herein) h oallocated as described herein. See "SECURITY FOR THE BONDS" herein. yN cy The Bonds are being issued in fully registered form, and when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), New York, New York. DTC will act as securities depository for the Bonds. Individual purchases of the Bonds may ° b be made in book -entry form only, in denominations of $5,000 or any integral multiple thereof. Purchasers of interests in the Bonds will not receive y certificates from the Successor Agency or the Trustee representing their interest in the Bonds purchased. Interest on the Bonds will be payable semiannually on March 1 and September 1 of each year, commencing March 1, 2017. Payments of principal, premium, if any, and interest on the Bonds 2 1 will be payable by the Trustee, to DTC, which is obligated in turn to remit such principal, premium, if any, and interest to the DTC Participants for subsequent disbursement to the Beneficial Owners of the Bonds, as more fully described herein. o o° The Bonds are subject to optional redemption prior to maturity as described herein. See "THE BONDS — Redemption of the Bonds" 1-(7, o herein. . E ° 71 Y The Successor Agency has applied for a municipal bond insurance policy and a debt service reserve fund insurance policy and will decide whether to purchase any such policy and/or surety bond in connection with the offering of the Bonds. Such information will be released prior to offering the Bonds and will be 0 • 0E1included in the Official Statement. oThe Bonds are a limited obligation of the Agency payable solely from Tax Revenues and moneys held under the Indenture. Neither the City of Rancho Cucamonga (the "City"), the County of San Bernardino (the "County") nor the State of California shall be obligated to pay the principal of the Bonds, or the interest thereon, except from the funds described above, and neither the faith and the credit nor the taxing power of the City, the County, the State of California nor any political subdivision thereof is pledged to the payment of the principal of or the interest on the Bonds. The issuance of the 1.f4 4.Bonds shall not directly, indirectly or contingently obligate the Agency, the City, the County, the State of California or any political subdivision thereof to ° levy or pledge any form of taxation whatever therefor or to make any appropriations for their payment. The Agency does not have any taxing power. The .g a Bonds do not constitute an indebtedness in contravention of any constitutional or statutory debt limitation or restriction. og o This cover page contains certain information for general reference only. It is not intended to be a summary of the security or terms of this uissue. Investors are advised to read the entire Official Statement to obtain information essential to the making of an informed investment decision. g h Capitalized terms used and not defined on this cover page shall have the meanings set forth herein. 0 For a discussion of some of the risks associated with a purchase of the Bonds, see "BOND OWNERS' RISKS" herein. • " ro MATURITY SCHEDULE See inside front cover ti wThe Bonds are offered when, as and if issued, subject to the approval of their legality by Best Best & Krieger LLP, Riverside, California, Bond o Counsel. Certain disclosure matters will be passed upon for the Agency as Disclosure Counsel by Best Best & Krieger LLP, Riverside, California. w • 5 Certain matters will be passed on for the Agency by Richards Watson & Gershon, A Professional Corporation, and for the Underwriter by Jones Hall, A Professional Law Corporation, San Francisco, California. It is anticipated that the Bonds will be available for delivery in definitive form on or about 2016. w o > :~ STIFEL LOGO .174 ro o Dated: , 2016 :II iC T F V) d TABLE OF CONTENTS INTRODUCTION 1 General 1 Purpose 1 Authority for Issuance of the Bonds 1 The City and the Successor Agency 2 The Project Area 3 Terms of the Bonds 3 Security for the Bonds 3 Application for Municipal Bond Insurance 4 Professionals Involved in the Offering 4 Continuing Disclosure 5 Reference to Underlying Documents 5 PLAN OF FINANCE 6 ESTIMATED SOURCES AND USES OF FUNDS 7 ANNUAL DEBT SERVICE REQUIREMENTS OF THE BONDS 8 THE BONDS 9 General 9 Redemption of the Bonds 9 Notice of Redemption; Rescission 9 Effect of Redemption 10 SECURITY FOR THE BONDS 11 Limited Obligations 11 Tax Increment Financing Generally 11 Low and Moderate Income Housing Set -Aside 11 Assembly Bill 1290 12 Redevelopment Property Tax Trust Fund 12 Allocation of Taxes Subsequent to the Dissolution Act 12 Recognized Obligation Payment Schedule 13 Security for the Bonds 15 Funds and Accounts 16 Events of Default 20 MUNICIPAL BOND INSURANCE 21 THE RANCHO CUCAMONGA SUCCESSOR AGENCY 22 The Agency 22 General 22 Oversight Board 23 Financial Statements 23 Department of Finance Finding of Completion 23 State Controller Asset Transfer Review 24 THE RANCHO REDEVELOPMENT PROJECT 25 General 25 Senior Pass -Through Agreements 27 Subordinate Pass -Through AgreementAnreements 28 Statutory Tax Sharing Payments 29 Assessed Valuation 29 Property Taxes and Inflation Rates 30 Supplemental Assessment Revenues 31 Assessed Valuation Appeals 32 Annual Tax Collections 33 Property Value by Land Use 34 Plan Limitations 35 ESTIMATED REVENUES AND BOND RETIREMENT 36 BOND OWNERS' RISKS 41 Limited Special Obligations 41 Recognized Obligation Payment Schedule 41 Challenges to Dissolution Act 42 -1- Reduction in Taxable Value 43 Risks of Real Estate Secured Investments Generally 43 Reduction in Inflationary Rate and Changes in Legislation 43 Change in Law 44 Bankruptcy of Landowners 44 Earthquake and Other Natural Calamities 44 Levy and Collection of Taxes 44 Estimated Revenues 45 Hazardous Substances 45 Direct and Overlapping Indebtedness 45 Future Legislation and Initiatives 45 Assessment Appeals 45 Bond Insurance Risk Factors 46 Economic Risks 46 Investment Risk 47 Secondary Market 47 Bankruptcy 47 Federal Tax -Exempt Status of the Bonds 47 IRS Audit of Tax -Exempt Issues 48 LIMITATIONS ON TAX REVENUES 49 Property Tax Limitations - Article XIIIA 49 Implementing Legislation 50 Unitary Property 50 Tax Collection Fees 51 Future Initiatives 51 OTHER INFORMATION 52 Continuing Disclosure 52 Litigation 52 Tax Matters 3-253 Legal Opinion 54 Ratings 54 Underwriting 54 Miscellaneous 55 APPENDIX A - Report of Fiscal Consultant A-1 APPENDIX B - General Information Concerning the City of Rancho Cucamonga B-1 APPENDIX C — City of Rancho Cucamonga Audited Financial Statements For Fiscal Year Ended June 30, 2015 C-1 APPENDIX D - Summary of Certain Provisions of the Legal Documents D-1 APPENDIX E - DTC and the Book -Entry System E-1 APPENDIX F - Form of Opinion of Bond Counsel F-1 APPENDIX G - Form of Continuing Disclosure Certificate G-1 APPENDIX H — State Department of Finance Determination Letter Approving the Bonds H-1 APPENDIX I — Specimen Municipal Bond Insurance Policy I-1 $ Successor Agency to the Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Area Tax Allocation Refunding Bonds, Series 2016 INTRODUCTION This Introduction is subject in all respects to the more complete information contained elsewhere in this Official Statement and the offering of the Bonds to potential investors is made only by means of the entire Official Statement. Capitalized terms used and not defined in this Introduction shall have the meanings assigned to them elsewhere in this Official Statement. General This Official Statement, including the cover page, inside cover page, and appendices hereto, provides information in connection with the issuance by the Successor Agency to the Rancho Cucamonga Redevelopment Agency (the "Agency" or the "Successor Agency") of its Rancho Redevelopment Project Area Tax Allocation Refunding Bonds, Series 2016 in the aggregate principal amount of $ (the "Bonds" or the "Series 2016 Bonds"). Purpose The Bonds are being issued (i) to refinance certain outstanding obligations of the Rancho Cucamonga Redevelopment Agency (the "Former Agency") with respect to housing, (ii) to satisfy the Reserve Requirement, defined below, for the Bonds, and (iii) to pay costs of issuance of the Bonds, including the municipal bond insurance premium for the Bonds, if any. See "PLAN OF FINANCE" and "ESTIMATED SOURCES AND USES OF FUNDS" herein. Authority for Issuance of the Bonds The Bonds are being issued by the Successor Agency pursuant to the Community Redevelopment Law, consisting of Part 1 of Division 24 of the California Health and Safety Code (the "Redevelopment Law"), the provisions of Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) of Division 24 of the California Health and Safety Code, as amended (as so amended, the "Dissolution Act") and Article 11 (commencing with Section 53588) of Chapter 3 of Part 1 of Division 2 of the Government Code of the State of California (the "Refunding Law"). The Dissolution Act was first enacted pursuant to by Assembly Bill ABX1 26 in June 2011, and has been subsequently amended several times, including by AB 1484 ("AB 1484"), enacted in June 2012, and Senate Bill 107 ("SB 107"), enacted in September 2015. The Successor Agency will issue the Bonds pursuant to a Trust Indenture dated as of March 1, 1990 (the "Original Indenture"), by and between the Former Agency, defined below, and Wells Fargo Bank, N.A. as successor in interest to Bank of America National Trust and Savings Association (the "Trustee"), as amended and supplemented, and as further amended and supplemented by a Fifth Supplemental Indenture dated as of July 1, 2014, between the Successor Agency and the Trustee (the "Fifth Supplemental Indenture," and as supplemented by a Sixth Supplemental Indenture by and between the Successor Agency and the Trustee dated as of October 1, 2016 (the "Sixth Supplement," and together with the Fifth Supplement and the Original Indenture as amended and supplemented, the "Indenture"), the proceeds of which will be used to refund all or portion of certain bonds and indebtedness of the Successor Agency as more fully described herein. The Bonds will be payable from and secured by, designated property tax revenues (formerly tax increment revenues) related to the Rancho Redevelopment Project, which will consist of moneys deposited, from time to time, in the Redevelopment Property Tax Trust Fund, described herein, established under the Dissolution Act, defined below, but exclude those amounts which were, prior to the Dissolution Act, required to be deposited into the Former Agency's Low and Moderate Income Housing Fund to the extent required to pay debt service on existing Housing Obligations, defined herein, and excluding amounts payable as pass-through obligations, described herein, as provided in the California Health and Safety Code as more fully described herein. Collectively, such tax increment revenues subject to a pledge under the Indenture are referred to herein as "Tax Revenues." See "SECURITY FOR THE BONDS." The issuance of the Series 2016 Bonds was subject to review and approval under the Dissolution Act of the Successor Agency's Oversight Board, as described below, and the Department of Finance of the State of California (the "State Department of Finance"). All such approvals have been obtained. See "THE RANCHO CUCAMONGA SUCCESSOR AGENCY." The Oversight Board for the Successor Agency approved the issuance of the Series 2016 Bonds by the Successor Agency by resolution adopted on July 21, 2016 (the "Oversight Board Resolution"). The Department of Finance of the State of California released its letter approving the Oversight Board Resolution approving the issuance of the Bonds on September 8, 2016. See Appendix H —"STATE DEPARTMENT OF FINANCE DETERMINATION LETTER APPROVING THE BONDS." The City and the Successor Agency The City. The City of Rancho Cucamonga (the "City") is located in the foothills of the Los Angeles - San Bernardino Basin in the western portion of San Bernardino County, approximately 40 miles east of the City of Los Angeles and 18 miles west of the City of San Bernardino. The City covers approximately 40.2 square miles and is bordered by Ontario on the south, Upland on the west and Fontana to the east; to the north are Cucamonga Peak and Mount Baldy. The City was incorporated on November 30, 1977, as a general law city operating under the council-manager form of government. It is governed by a five -member City Council (the "Council"), which includes a Mayor who is elected at large for a four-year term, and four Council Members are elected at large for staggered four-year terms. The Council appoints the City Manager and the City Attorney. The City Manager is responsible for the daily administration of City affairs and for implementing Council policy and program decisions. The estimated population of the City was 175,251 as of January 1, 2016. The City has several planned unit developments which emphasize a variety of housing types and public services, which are represented by varied lot sizes and high quality construction for residences and ample open space for public recreation. Homes within the City sell for higher prices among major inland cities. The City's government, retail, office and manufacturing centers also emphasize a prosperous and well -organized look and urban ambience. Location is one of the City's principal advantages. Major ground transportation routes in and out of Southern California and the LA/Ontario International Airport are nearby. Retail, office, civic and cultural uses are contained in Victoria Gardens and it is home to sought-after retail tenants that had previously served inland cities from outlets in Southern California's coastal counties. Community venues include an adult sports complex, community center, cultural center, senior center, two libraries, and over 150 miles of hiking, biking and equestrian trails which have attracted families to live in the City. For certain information with respect to the City, see APPENDIX B — "GENERAL INFORMATION CONCERNING THE CITY OF RANCHO CUCAMONGA." The Successor Agency. As described below, the Successor Agency has succeeded to certain rights of the Former Agency. The Former Agency was organized by the Council of the City in 1981, to exercise the powers granted by the California Community Redevelopment Law (Sections 33000 et seq. of the California Health and Safety Code) (the "Redevelopment Law"). Pursuant to the Dissolution Act, redevelopment agencies in California, including the Former Agency, were dissolved, and with certain exceptions, may no longer conduct redevelopment activities. The Successor Agency, however, is authorized to continue to refinance existing bonds in order to achieve a savings in debt service. See "—The Project Area" below. See also "THE RANCHO CUCAMONGA SUCCESSOR AGENCY" 2 The Bonds will be limited obligations of the Successor Agency and are payable, as to interest thereon and principal thereof, exclusively from the Tax Revenues under the Indenture, and the Succesor Agency is not obligated to pay them except from such Tax Revenues. The Bonds are payable as set forth in the Indenture, are not a debt of the City, the County, the State of California or any other political subdivision of the State (except the Successor Agency, to the extent described herein), and neither the City, the State, the County nor any of the State's other political subdivisions (except the Successor Agency, to the extent described herein) is liable therefor, nor in any event shall the Bonds be payable out of any funds or properties other than those of the Successor Agency pledged therefor as provided in the Indenture. APPENDIX D — "SUMMARY OF CERTAIN PROVISIONS OF THE LEGAL DOCUMENTS" attached hereto. Outstanding Parity Debt. In 2014, the Successor Agency issued its $174,050,000 Rancho Redevelopment Project Area Tax Allocation Refunding Bonds, Series 2014, currently outstanding in the amount of $162,030,000 pursuant to the Fifth Supplement and the Original Indenture (the "2014 Bonds"), which 2014 Bonds are payable on a parity with the Series 2016 Bonds. Additional Debt. As more fully described under "SECURITY FOR THE BONDS," the Agency may issue or incur additional obligations on a parity with the pledge of the Tax Revenues securing the Bonds if certain conditions are met under the Indenture and the Dissolution Act. The Successor Agency will not be permitted to issue any obligations with a lien senior to the lien of the Bonds. Outstanding Housing Obligations. As more fully described under "SECURITY FOR THE BONDS — Security for the Bonds," the Successor Agency has certain obligations outstanding which are payable from amounts that, prior to the Dissolution Act, would have been deposited into the Former Agency's Low and Moderate Income Housing Fund. See "ESTIMATED REVENUES AND BOND RETIREMENT" herein. Reserve Fund. In order to further secure the payment of the principal of and interest on the Bonds, a Reserve Account in the Special Fund is established under the Indenture in an amount equal to the Reserve Requirement. See, "SECURITY FOR THE BONDS — Funds and Accounts." The Successor Agency will deposit such amounts which satisfy the Reserve Requirement, defined below, in a separate sub -account of the Reserve Fund available solely for the payment of debt service on the Bonds. Application for Municipal Bond Insurance The Successor Agency has applied for a municipal bond insurance policy (the "Policy") and a debt service reserve fund insurance policy (the "Reserve Policy") and will decide whether to purchase any such policy and/or surety bond in connection with the offering of the Bonds. Such information will be released prior to offering the Bonds and will be included in the Official Statement. Professionals Involved in the Offering Wells Fargo Bank, N.A., Los Angeles, California, will act as trustee with respect to the Bonds under the Indenture. Fieldman Rolapp & Associates, Inc., Irvine, California, has acted as Financial Advisor to the Agency in the structuring and presentation of the financing. HdL Coren & Cone, Diamond Bar, California, has acted as Fiscal Consultant to the Agency and has prepared an analysis of taxable values and tax increment revenues in the Project Area. See "APPENDIX A — REPORT OF FISCAL CONSULTANT" herein. All proceedings in connection with the issuance of the Bonds are subject to the approval of Best Best & Krieger LLP, Riverside, California, Bond Counsel. Best Best & Krieger LLP is acting as Disclosure Counsel. Jones Hall, A Professional Law Corporation, will be acting as counsel to the Underwriter. Richards Watson & Gershon, A Professional Corporation, will pass on certain matters for the Agency as its general counsel. The 4 fees and clip mug 34-t14o [Fi c''al. Advisor] and Underwriter's Counsel are contingent upon the sale and • '• - Continuing Disclosure With respect to continuing disclosure, the Agency will prepare and provide annual updates of the information contained in the tables included in this Official Statement with respect to property tax revenues, collections, any material delinquencies, principal taxpayers, and plan limit calculations and notices of enumerated events and all other remaining annual information required under the Continuing Disclosure Certificate. The Agency will act as Dissemination Agent and will file the annual reports and notices with the Municipal Securities Rulemaking Board (the "MSRB") through its Electronic Municipal Market Access system ("EMMA"). See the caption "OTHER INFORMATION — Continuing Disclosure" and "APPENDIX G - FORM OF CONTINUING DISCLOSURE CERTIFICATE." Reference to Underlying Documents Brief descriptions of the Bonds, the Indenture, the County, the Successor Agency, the Rancho Redevelopment Project and other related information are included in this Official Statement. Such descriptions and information do not purport to be comprehensive or definitive. The summaries of and references to all documents, statutes, reports and other instruments referred to herein is qualified in its entirety by reference to such document, statute, report or instrument, copies of which are all available for inspection at the offices of the Agency. Certain capitalized terms used and not defined herein shall have the meaning given to those terms in APPENDIX D — "SUMMARY OF CERTAIN PROVISIONS OF THE LEGAL DOCUMENTS" attached hereto. 5 PLAN OF FINANCE The Bonds are being issued (i) to refinance the Prior Bonds as more fully described below, (ii) to satisfy the Reserve Requirement for the reserve account for the Bonds, and (iii) to pay costs of issuance of the Bonds, [which may include the premium for the municipal bond insurance policy and surety bond premium]. See "ESTIMATED SOURCES AND USES OF FUNDS" herein. The Former Agency previously issued its $73,305,000 original principal amount of Rancho Redevelopment Project Housing Set -Aside Tax Allocation Bonds 2007 Series A (the "Prior Bonds") currently outstanding in the amount of $64,895,00062,020,000. The Prior Bonds were issued pursuant to an Indenture, dated as of December 1, 2007 (the "Prior Indenture"). The Prior Bonds were issued on a parity with other Housing Obligations defined herein. The Bonds issued to refund the Prior Bonds will be payable on a parity with the 2014 Bonds. On the date of issuance of the Bonds, a portion of the proceeds will be transferred to the Trustee for deposit into the escrow fund established for the Prior Bonds, under an Escrow Deposit and Trust Agreement, between the Successor Agency and Wells Fargo Bank, N.A., as escrow bank (the "Escrow Bank"). The amount deposited in the escrow fund for the Prior Bonds (the "Escrow Fund"), together with other available moneys, will be invested in certain federal securities and irrevocably pledged for the payment of the related 2007A Bonds on their date of redemption. The amounts held and invested by the Escrow Bank in the Escrow Fund are pledged solely to the payment of amounts due and payable by the Agency under the Prior Indenture with respect to the Prior Bonds. Neither the funds deposited in the escrow fund for the Prior Bonds nor the interest on the invested funds will be available for the payment of debt service on the Bonds. See "ESTIMATED SOURCES AND USES OF FUNDS" below. 6 tax sharing amounts, but only to the extent such payments are subordinate to the payment of debt service on enforceable obligations, in order to be paid to the Successor Agency for enforceable obligations, but only after the amounts described in the previous two sentences have been exhausted. The Successor Agency cannot guarantee that this process prescribed by the Dissolution Act of administering the tax increment revenues and the statutory tax sharing amounts will effectively result in adequate Tax Revenues for the payment of principal and interest on the Bonds when due. See "Recognized Obligation Payment Schedule." See also "Estimated Revenues and Debt Service" for additional information regarding the Statutory Tax Sharing Amounts applicable to the Successor Agency and the revenues derived from the Project Area. The Successor Agency has no power to levy and collect taxes, and various factors beyond its control could affect the amount of Tax Revenues available in any six-month period to pay the principal of and interest on the Bonds. See "BOND OWNERS' RISKS." Security for the Bonds The Indenture. Under the Indenture, the Tax Revenues allocated and paid to the Agency are pledged to the payment of debt service on the Bonds and Parity Bonds (subject to the lien of the tax -sharing agreements), together with moneys on deposit in the funds and accounts. See Table 5 herein showing the projected Tax Revenues, and debt service coverage on the Bonds. The Indenture defines "Tax Revenues" to mean all moneys deposited from time to time in the Redevelopment Property Tax Trust Fund as provided in Section 34183(a)(2) of the Dissolution Act, excluding (i) all other amounts which prior to the adoption of the Dissolution Act were required to be deposited into the Former Agency's Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3 and 33334.6 of the Redevelopment Law, to the extent required to pay debt service on the Housing Obligations, and (ii) amounts which are required to be paid to any other public agency under Pass -Through Agreements, or pursuant to Section 33607.7 of the Redevelopment Law, except and to the extent that any amounts so payable are payable on a basis subordinate to the payment of the Bonds and any additional Parity Debt, as applicable. If and to the extent that the provision of Section 34172 or Section 34183(a)(2) are invalidated by a final judicial decision, then Tax Revenues means all taxes annually allocated to the Agency with respect to the Project Area following the Closing Date, pursuant to Article 6 of Chapter 6 (commencing with Section 33670) of the Redevelopment Law and Section 16 of Article XVI of the Constitution of the State, or pursuant to other applicable State laws, and as provided in the Redevelopment Plan, including all payments, subventions and reimbursements (if any) to the Agency specifically attributable to ad valorem taxes lost by reason of tax exemptions and tax rate limitations and including that portion of such taxes otherwise required by Section 33334.2 of the Redevelopment Law to be deposited in the Low and Moderate Income Housing Fund of the Agency established pursuant to Section 33334.3 of the Redevelopment Law, but only to the extent necessary to repay that portion of the proceeds, if any, of any Parity Bonds (including applicable reserves and financing costs) used to increase or improve the supply of low and moderate income housing within or of benefit to the Project Area; but excluding all other amounts of such taxes required to be deposited into the Low and Moderate Income Housing Fund and excluding amounts payable to entities other than the Agency under and pursuant to pass through agreements or similar tax sharing agreements entered into pursuant to Section 33401 of the Redevelopment Law existing on the Closing Date. Pursuant to the Dissolution Act, Tax Revenues are no longer required to be deposited into the Low and Moderate Income Housing Fund previously established pursuant to Section 33334.3 of the Redevelopment Law, and accordingly Tax Revenues are reduced only by the amount required to pay debt service on the outstanding Housing Obligations. "Housing Obligations," as defined in the Indenture, means, collectively, the Former Agency's (i) the Prior Bonds which will be refunded with proceeds from the issuance of the Bonds on a parity with the 2014 Bonds, (ii) Housing Set Aside Tax Allocation Bonds Taxable 2007 Series B (the "2007B Bonds") originally issued in the principal amount of $82,315,000, currently outstanding in the amount of $62,020,00064,895,000, (iii) Loan Agreement (the "1997 Loan Agreement") dated as of December 15, 1997, and as amended and restated on July 7, 2010, among the Former Agency Northtown Housing Development Corporation and Pacific Life Insurance Company (now assigned to the Bank of New York), originally issued in the amount of $9,411,477, and outstanding in the principal amount of $8,896,540 as of September 21, 2016, and (iv) 15 Oversight Board The Oversight Board is governed by a seven -member governing board, with a member appointed by the Fire District, two members appointed by the City, two members appointed by the County, one member appointed by Etiwanda School District, and one member appointed by Chaffey Community College. The Oversight Board has fiduciary responsibility to the holders of enforceable obligations and the taxing entities that benefit from the distributions of property tax and other revenue. The Oversight Board will oversee the "winding down" process of the Rancho Cucamonga Redevelopment Agency and meets on an as -needed basis throughout the year. For example, the establishment of each ROPS must be first approved by the Oversight Board. The issuance of bonds, such as the Bonds, is subject to the approval of the Oversight Board. All actions of the Oversight Board are subject to review by the California State Department of Finance (the "State Department of Finance" or the "DOF"). Certain Successor Agency matters are also subject to review by the County Auditor -Controller and the State Controller. The Dissolution Act provides that, starting July 1, 2018, the current Oversight Board will be replaced, such that there will be only one oversight board for all of the successor agencies in the County. Financial Statements The Successor Agency does not maintain separate audited financial statements, but is a separate component of the City for financial reporting. The City's audited financial statements for the fiscal year ended June 30, 2015 (the "FY 2014-15 City Audit Financials"), are included as Appendix A to this Official Statement. The City has not requested nor did the City obtain permission from the Auditor to include the audited financial statement as an appendix to this Official Statement. Accordingly, the auditor has not performed any post audit review of the fmancial conditions and operations of the City. The inclusion of Successor Agency's financial transactions in the FY 2014-15 City Audit Financials is solely for convenience. As previously discussed in this Official Statement, the Dissolution expressly clarifies that the Successor Agency is a separate legal entity from the City. The assets and liabilities of the Successor Agency are not assets and liabilities of the City. As of the date of this Official Statement, the City plans to include the financial transactions of the Successor Agency as part of the City's audited financial statements for fiscal year 2015-16 and subsequent years. Department of Finance Finding of Completion Pursuant to the Dissolution Act, the Successor Agency was required to retain independent accountants to conduct two reviews, known as due diligence reviews (each, a "DDR"): one for the Low and Moderate Income Housing Fund and the other for all of the other funds and accounts (the "Other Funds"). The purpose of the DDRs was to determine the unobligated balance (the "Unobligated Balance"), if any, of the Low and Moderate Income Housing Fund and the Other Funds, as of June 30, 2012, so that such Unobligated Balance would be distributed to the taxing agencies. Pursuant to the general procedure for determining the Unobligated Balance set forth in the Dissolution Act, legally restricted funds (including bond proceeds), value of assets that are not cash or cash equivalents (such as land and equipment) and amounts that are needed to satisfy obligations listed as approved ROPS were excluded from the Unobligated Balance. With respect to each DDR, the Successor Agency was required to submit such DDR, after review and approval by the Oversight Board, to the DOF. The DOF issued its final determination regarding the Successor Agency's DDR for the Housing Fund on December 21, 2012, having determined that the Successor Agency's Housing Fund Unobligated Balance available for distribution to the taxing agencies was $31,222,675. TheSubseauent to its determination for the Housing Fund, the Successor Agency calculated an additional $150,246 of interest available for distribution. The DOF issued its final determination regarding the DDR for the Other Funds on June 6, 2013, having determined that the Successor Agency's Non -Housing Funds Unobligated Balance available for distribution to the taxing agencies was $153,199,137. Subsequent to its 23 determination for Other Funds. the Successor Agency calculated an additional $734.827 of interest available for distribution. The Successor Agency has remitted such sums to the County Auditor -Controller. Because the Successor Agency has made the remittances required by the DOF's final determination concerning the DDRs, as well as certain other amounts previously required to be remitted pursuant to the Dissolution Act, the DOF issued a "Finding of Completion" to the Successor Agency on June 7, 2013. Upon receipt of such Finding of Completion, the Successor Agency is authorized to proceed with actions permitted under certain provisions of the Dissolution Act, such as the submission of a Long Range Property Management Plan relating to the disposition of Agency -owned real properties. The Successor Agency submitted its Long Range Property Management Plan to DOF on November 13, 2013, and such plan was approved on January 17, 2014. There are no material disagreements between the Successor Agency and the County Auditor Controller's Office or the Department of Finance. State Controller Asset Transfer Review The Dissolution Act requires that the State Controller conduct a review of the activities of each former redevelopment agency and determine if such redevelopment agency transferred assets to a city, county or other local agency after January 1, 2011. If such an asset transfer did occur and the government agency that received the assets is not contractually committed to a third party for the expenditure or encumbrance of those assets, to the extent not prohibited by state and federal law, the State Controller must order the available assets to be returned to the relevant successor agency. The State Controller's Office has completed such an asset transfer review with respect to the Successor Agency. The State Controller's Office made two findings in its report dated February 13, 2013. First, there were two transfers, valued at $670,426, by the Former Agency to the City during the period between January 1, 2011 and January 31, 2012, and the City was ordered to return the assets to the Successor Agency. Second, nine properties owned by the Former Agency have been transferred to the Successor Agency on the Successor Agency's accounting records; however these real property transfers were incomplete because they have not been reflected in the records of the County Recorder's office. The State Controller, therefore, ordered the Successor Agency to complete such transfers. The Successor Agency has complied with the State Controller's orders. 24 THE RANCHO REDEVELOPMENT PROJECT General The Project Area encompasses an irregularly bounded area of approximately 8,500 acres. The Project Area encompasses approximately 33 percent of the total acreage of the City. The northern portion of the Project Area contains two planned communities of approximately 3,196 acres. The southern portion of the Project Area contains a portion of the Industrial Specific Plan of approximately 4,155 acres. The remaining area within the Project Area includes parcels which follow the major east/west arterial of Foothill Boulevard. Land use within this area are largely devoted to commercial and office uses with scatter sites of vacant land. The following table shows the ten largest property owners within the Project Area. TABLE 1 SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY Rancho Redevelopment Project Area 10 Largest Property Owners by Assessed Value (Fiscal Year 2016/17) Property Owner Homecoming at Terra Vista LLC(2) Rancho Mall LLC(1)(2) Prologis California I LLC/Catellus Frito Lay Inc(2) T-NAPF Meritage Ownership LLC(') WNG Rancho Cucamonga 496 LLC(2) EQR-Fanwe112007 RREEF America EIT II Corp.(') Teachers Insurance & Annuity(') Goodman Rancho SPE LLC Top Property Owner Total Value Project Area Assessed Value Project Area Incremental Value (1) (2) Percent of Combined Percent of Incremental Value Total Value Value $ 261,833,230 2.49% 2.53% 256,374,242 2.43 1.25 126,824,696 1.20 1.23 122,238,821 1.16 1.21 122,192,990 1.16 1.21 104,990,488 1.00 1.04 102,607,760 0.97 1.01 100,007,000 0.95 0.99 90,568,564 0.86 0.89 88.688.176 0.84 0.87 $ 1,376,325,967 $10,534,039,626 13.07% $10,235,121,615 13.45% Property Uses Regional Retail Shopping Center Distribution/Industrial Buildings Residential Townhome Rental Units Snack Food Manufacturing & Distribution AMLI on Day Creek Apartments Ironwood at Empire Lakes Apartments The Reserve at Empire Lakes Apartments Waterbrook Apartments Distribution/Industrial Buildings Goodman Logistics Center/Distribution Facility Pending assessed value appeals. See "Assessed Value Appeals," for a summary of pending appeals in the Project Area, including appeals filed by .These taxpayers have pending assessment appeals on parcels owned (see Section IV D. There is a pending reassessment of the parcels for the 2016 17 assessment roll. Sci "TI -I IIANOIIfl 1U, ' I5/1OPMENT PROJECT Assessed Valuation Pending Rcasscssmcnt," herein.Combined Values include unsecured values. Source: San Bemardino County Assessor, Secured Roll; HdL Coren & Cone. 25 -0.34% for fiscal year 2012-13. Values increased for fiscal year 2013-14 by $191.2 million (2.18%). The base year value is 2.90% of the total taxable value in the Project Area for fiscal year 2016-17. Table 2 sets forth Project Area assessed valuation for the past five fiscal years. Secured') Land Improvements Personal Property Exemptions Total Secured Unsecured Improvements Personal Property Exemptions Total Unsecured GRAND TOTAL Incremental Value: % Change: TABLE 2 SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY Rancho Redevelopment Project Area Historical Assessed Values (Fiscal Years 2012-13 through 2015-16) 2012-13 $2,280,721,037 5,967,174,160 40,488,011 (170.872.7141 $8,117,510,494 $ 600,866,188 360,432,399 (6326,483) $ 954.972.104 $9.072.482.598 $8,773,564,587 -0.34% 2013-14 $2,372,869,953 6,090,887,274 35,225,278 (171.027335) $8,327,955,170 $ 580,498,111 361,445,553 (6.181,144) $ 935.762,520 $9.263.717.690 $8,964,799,679 2.18% (1) Secured values include state assessed non -unitary utility property. Source: San Bernardino County Auditor -Controller; HdL Coren & Cone. 2014-15 $2,455,837,994 6,386,994,550 31,812,466 (175.713.0271 $8,698,931,983 $ 666,395,926 363,926,529 (6.024.852) $1.024.297.603 $9.723.229.586 $9,424,311,575 5.13% 2015-16 $ 2,531,446,986 6,714,689,742 29,623,840 (189,753,480) $ 9,086,007,088 $ 668,888,355 401,427,663 (7.075.546) $ 1,063,240.472 $10.149.247.560 $ 9,850,329,549 4.52% 2016-17 $ 2,657,679,345 6,931,494,515 31,817,038 (180.939.931) $ 9,440,050,967 $ 629,865,322 373,999,469 (7.478.923) $ 996.385.868 $10.436.436.835 $10,137,518,824 2.92% For Fiscal Year 2016-17, the County Assessor has consolidated 1,191 parcels owned by Homecoming I at Terra Vista LLC, Homecoming IV at Terra Vista LLC and Homecoming V at Terra Vista LLC into 7 parcels. As a result of the consolidation of these parcels, a reappraisal was necessary. To-dat assessed value for only 1 of the 7 parc& haobeen enrolled. The combined value of the 47 parcels that haveare enrolled value is $120,133,919261,553,459, which is $115,1511,681 les525,964,856 greater than the combined value of the Homecoming I, IV and V at Terra Vista LLC properties for Fiscal Year 2015-16. The County Assessor expects to enroll value on the remaining 3 parcels over the next several week. Tbo Final Comulhant has not been informed when such reassessment may occur. 1`ktwithstanding, the fac that $115.5 million of assessed value is not included on the Fiooi Year 2016 17 roll, Assessed Value within the Project Area is up $287.2384.8 million (2,923.79%) over Fiscal Year 2015-16, which is entirely growth in secured values. Unsecured values are down by $66.9 million (-6.29%) within the Project Area. The largest drop in unsecured value was on assessments for TAMCO, a steel recycling company that was the 8th largest taxpayer for Fiscal Year 2015-16. TAMCO unsecured value for Fiscal Year 2016-17 is $11.9 million less than in Fiscal Year 2015- 16. This reduction in value has dropped TAMCO out of the top ten taxpayer listing for Fiscal Year 2016-17. The base year value is 27862.84% of the total taxable value in the Project Area for Fiscal Year 2016-17. Property Taxes and Inflation Rates The taxable values of property are established each year on the January 1 property tax lien date. Real property values reflect the reported assessed values for secured and unsecured land and improvements. The base year value of a parcel is the value established as the full market value upon a parcel's sale, improvement or other reassessment. Article XIIIA of the California Constitution (Proposition 13) provides that a parcel's base year value is established when locally assessed real property undergoes a change in ownership or when new construction occurs. Following the year a parcel's base year value is first enrolled, the parcel's value is 30 TABLE 7 SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY Estimated Net Tax Increment Revenues Fiscal Years 2016-17 through 2033-34(1) (In Thousands) County Co. Taxable SB 2557 General Flood City Inland Statutory Statutory Total Value and Co. Fund Control Library City Fire Empire Tax Tax Taxable Over Base Gross Tax Collection Tax Tax Tax Tax Utilities Sharing Sharing Year Value 298,918 Revenues Charges Sharing Sharing Sharing Sharing District Tier I, Tier 2 Tax Revenue 2016-17 10,577,856 $10,278,938 $ 104,743 $ (1,148) $ (5,352) $ (2,894) $ (1,466) $ (12,910) $ (4,615) $ (3,849) $ (403) $ 72,107 2017-18 10,652,712 10,353,794 105,492 (1,156) (5,672) (2,914) (1,477) (13,003) (4,648) (3,898) (438) 72,286 2018-19 10,857,799 10,558,881 107,543 (1,178) (6,010) (2,971) (1,506) (13,255) (4,739) (4,034) (534) 73,316 2019-20 11,066,988 10,768,070 109,635 (1,201) (6,368) (3,029) (1,535) (13,513) (4,831) (4,172) (633) 74,352 2020-21 11,280,361 10,981,443 111,768 (1,225) (6,747) (3,088) (1,565) (13,776) (4,925) (4,313) (733) 75,396 2021-22 11,498,002 11,199,084 113,945 (1,249) (7,149) (3,148) (1,595) (14,044) (5,021) (4,458) (836) 76,445 2022-23 11,719,995 11,421,077 116,165 (1,273) (7,575) (3,209) (1,626) (14,318) (5,119) (4,604) (941) 77,500 2023-24 11,946,428 11,647,510 118,429 (1,298) (8,025) (3,272) (1,658) (14,597) (5,218) (4,754) (1,047) 78,559 2024-25 12,177,390 11,878,472 120,739 (1,323) (8,503) (3,335) (1,690) (14,882) (5,320) (4,907) (1,156) 79,622 2025-26 12,412,971 12,114,053 123,095 (1,349) (9,009) (3,401) (1,723) (15,172) (5,424) (5,063) (1,267) 80,687 2026-27 12,653,264 12,354,346 125,497 (1,375) (9,544) (3,467) (1,757) (15,468) (5,530) (5,222) (1,380) 81,754 2027-28 12,898,362 12,599,444 127,948 (1,402) (10,112) (3,535) (1,791) (15,771) (5,638) (5,384) (1,496) 82,821 2028-29 13,148,363 12,849,445 130,448 (1,429) (10,713) (3,604) (1,826) (16,079) (5,748) (5,550) (1,613) 83,886 2029-30 13,403,363 13,104,445 132,998 (1,457) (11,350) (3,674) (1,862) (16,393) (5,860) (5,718) (1,733) 84,950 2030-31 13,663,464 13,364,546 135,599 (1,486) (12,025) (3,746) (1,898) (16,714) (5,975) (5,890) (1,856) 86,009 2031-32 13,928,766 13,629,848 138,252 (1,515) (12,740) (3,819) (1,936) (17,041) (6,092) (6,066) (1,981) 87,063 2032-33 14,199,375 13,900,457 140,959 (1,545) (13,498) (3,894) (1,973) (17,374) (6,211) (6,245) (2,108) 88,110 2033-34 14,459,487 14,160,569 143,560 (1,573) (14,301) (3 966) (2 010) (17 695) (6,326) (6,417) (2,231) 89,041 $2,206,816 $(24,182) $(164,694) $(60,964) $(30,895) $(272,005) $(97,239) $(90,546) $(22,387) $1,443,904 (1) See Table 1 in Report of Fiscal Consultant in Appendix A hereto, and discussion under "ESTIMATED REVENUES AND BOND RETIREMENT," herein. (2) There arc three parcels which will be subject to voaaaeonman"Se7 "THLi IlANC --IO I1LiDLVLIOPM NT PIIOJECTAssessei Valwation Pending Reassessment," herein. Source: San Bemardino County Office of the Assessor; HdL Coren & Cone. 38 OTHER INFORMATION Continuing Disclosure Continuing Disclosure Certificate of Successor Agency. The Successor Agency will undertake all responsibilities for continuing disclosure to Owners of the Bonds as described below, and will act as Dissemination Agent, as described in the Continuing Disclosure Certificate. See "APPENDIX G - FORM OF CONTINUING DISCLOSURE CERTIFICATE." These covenants have been made in order to assist the Underwriter in complying with S.E.C. Rule 15c2 -12(b)(5). The Successor Agency first executed a continuing disclosure agreement in connection with the Series 2014 Bonds. Additionally, the Successor Agency assumed responsibility for the Former Agency's outstanding continuing disclosure agreements ut�on the dissolution of the Former Agency. Historical Compliance by the Successor Azencv. the City. and other Related Entities. The Successor Agency has omitted disclosures in the annual reports related to the Former Agency's prior issues regarding cumulative tax increment received in each fiscal year from 2007-08 to 2012-13. The Successor Agency does not have a cumulative tax increment receipt cap and therefore has filed a supplemental disclosure report explaining that there is no cumulative tax increment cap and disclosing information about the Successor Agency's annual tax increment limit of $100,000,000. The Continuing Disclosure Certificate will require annual information about the annual tax increment limit of $100,000,000. The audited financial statements of the City were filed late to the Former Agency's prior issues for fiscal year 2011-12 (34 days) (and no specific notice of late filing given). Additionally, the Successor Agency failed to file notices of bond insurer -related rating changes related to the Former Agency's prior issues on a timely basis. Historical Compliance by the City and Related Entities. In gi-xw a1_, &: City, the Rancho Cucamonga Redevelopment Agency (currently, the Successor Agency) and the Rancho Cucamonga iktb io Fiix n e Authority complied with their continuing disclosure filing undertakings for fiscal yoar 2010 11through fiscal year 2015 16. However, Some of the filings for the City's land -secured bonds were filed late for fiscal yeyears 2011-12 (35 days), and the audited financial statements of the City were filed late for fiscal year 2011- 12 (34 days) (and no specific notice of late filing given). In 2012-13, the annual disclosure report for bonds of Community Facilities District No. 2003-1 (Improvement Area No. 1) was 124 days late. In addition, the Public Finance Authority and f&a0000sor Agency failed to file notices of bond insurer -related rating upgrades and downgrades on a timely basis. Finally, the Successor Agency has omitted disclosuroo in it annual repent reg . ' g currlulati7e tax increment received in ach fiscal year from 2007 08 to 2012 13. The Successor Agency does not haw a c in ukati-re tax increment receipt cap and therefore has filed a supplemental disclosure report orrp ii ing that there is no ou ukati : o tza irxx-ornt oaf and disclosing information about the Successor Agency'o annual tax increment limit of $100,000,000. As discussed in this Official Statement the $100,000,000 tu: iix vn cnt does not apply to debt service on the BotAz and wiL not be in future disclosure reports. The City and the Successor Agency have adopted policies and procedures regarding initial and continuing disclosure practices and designating a responsible officer to manage the debt disclosure program. The City has recently adopted policies for continuing disclosure compliance and has retained Willdan to serve as dissemination agent for its bond issues and the bond issuers of its constituent agencies, including the Successor Agency. Litigation At the time of delivery of and payment for the Bonds and the Successor Agency will certify that, except as disclosed herein, to its best knowledge there is no litigation, action, suit, proceeding or investigation, at law or in equity, before or by any court, governmental agency or body, pending against or threatened against the Successor Agency in any way affecting the existence of the Successor Agency or the titles of its officers to their offices or seeking to restrain or enjoin the issuance, sale or delivery of the Bonds, the application of the proceeds thereof in accordance with the Indenture, or the collection or application of Tax Revenues to be pledged to pay the principal of and interest on the Bonds, or the pledge thereof, or in any way contesting or affecting the validity or enforceability of the Bonds, the Indenture, or any action of the Successor Agency contemplated by 52 Li) Information on the total amount of tax increment allocated to the Successor Agency in such fiscal year and the annual maximum amount of tax increment which may be received by the Successor Agency in such fiscal year. Any or all of the items listed above may be set forth in one or a set of documents or may be included by specific reference to other documents, including official statements of debt issues of the Agency or related public entities, which have been available to the public on the MSRB's website. The Agency shall clearly identify each such other document so included by reference. SECTION 5. Reporting of Significant Events. (a) Pursuant to the provisions of this Section 5, the Agency shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds in a timely manner not later than ten business days after the occurrence of the event: 1. Principal and interest payment delinquencies; 2. Unscheduled draws on debt service reserves reflecting financial difficulties; 3. Unscheduled draws on credit enhancements reflecting financial difficulties; 4. Substitution of credit or liquidity providers, or their failure to perform; 5. Adverse tax opinions or issuance by the Internal Revenue Service of proposed or final determination of taxability or of a Notice of Proposed Issue (IRS Form 5701 TEB); 6. Tender offers; 7. Defeasances; 8. Rating changes; or 9. Bankruptcy, insolvency, receivership or similar event of the obligated person. Note: for the purposes of the event identified in subparagraph (9), the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law, in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governmental body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (b) The Agency shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material, in a timely manner not later than ten business days after the occurrence of the event: 1. Unless described in paragraph 5(a)(5), other material notices or determinations by the Internal Revenue Service with respect to the tax status of the Bonds or other material events affecting the tax status of the Bonds; 2. Modifications to rights of Bondholders; 3. Optional, unscheduled or contingent Bond calls; G-3 P461 SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY RANCHO REDEVELOPMENT PROJECT AREA TAX ALLOCATION REFUNDING BONDS, SERIES 2016 BOND PURCHASE AGREEMENT , 2016 Successor Agency to the Rancho Cucamonga Redevelopment Agency c/o City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Ladies and Gentlemen: The undersigned, Stifel, Nicolaus & Company, Inc. (the "Underwriter"), offers to enter into this Bond Purchase Agreement (this "Purchase Agreement") with the Successor Agency to the Rancho Cucamonga Redevelopment Agency (the "Successor Agency") which will be binding upon the Successor Agency and the Underwriter upon the acceptance hereof by the Successor Agency. This offer is made subject to its acceptance by the Successor Agency by execution of this Purchase Agreement and its delivery to the Underwriter on or before 5:00 p.m., California time, on the date hereof. All terms used herein and not otherwise defined shall have the respective meanings given to such terms in the Successor Agency Resolutions (as hereinafter defined). The Successor Agency acknowledges and agrees that: (i) the purchase and sale of the Bonds (as hereinafter defined) pursuant to this Purchase Agreement is an arm's-length commercial transaction between the Successor Agency and the Underwriter; (ii) in connection therewith and with the discussions, undertakings and procedures leading up to the consummation of such transaction, the Underwriter is and has been acting solely as principal and is not acting as a Municipal Advisor (as defined in Section 15B of the Securities Exchange Act of 1934, as amended (the "Exchange Act")); (iii) the Underwriter has not assumed an advisory or fiduciary responsibility in favor of the Successor Agency with respect to the offering contemplated hereby or the discussions, undertakings and procedures leading thereto (irrespective of whether the Underwriter has provided other services or are currently providing other services to the Successor Agency on other matters); (iv) the Successor Agency has consulted its own legal, financial and other advisors to the extent it has deemed appropriate; P462 and (v) the Underwriter has financial interests that may differ from and be adverse to those of the Successor Agency. The Successor Agency hereby acknowledges receipt from the Underwriter of disclosures required by the Municipal Securities Rule Making Board ("MSRB") Rule G-17, relating to disclosures concerning the Underwriter's role in the transaction, disclosures concerning the Underwriter's compensation, conflict disclosures, if any, and disclosures concerning complex municipal securities financing, if any. 1. Purchase and Sale. Upon the terms and conditions and upon the basis of the representations, warranties and agreements hereinafter set forth, the Underwriter hereby agrees to purchase from the Successor Agency for offering to the public, and the Successor Agency hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of the $ aggregate principal amount of the captioned bonds (the "Bonds") at a purchase price equal to $ (being the aggregate principal amount thereof, less an Underwriter's discount of $ and plus/less an original issue premium/discount of $ ). The payment for and delivery of the Bonds and the other actions contemplated hereby to take place at the time of such payment and delivery are herein sometimes called the "Closing." At the request of the Successor Agency, on the Closing Date (as defined herein), the Underwriter will wire to (the "Insurer") an amount equal to $ representing the sum of the premium (i) for the bond insurance policy, as described below (the "Policy") and (ii) for the surety bond (the "Surety Bond"), in each case to be issued by the Insurer simultaneously with the issuance of the Bonds. As a result, the net amount to be wired to the Successor Agency by the Underwriter in connection with the purchase of the Bonds will be $ 2. The Bonds and Related Documents. The Bonds shall be issued pursuant to a Trust Indenture, dated as of March 1, 1990 (the "Original Indenture"), by and between the Rancho Cucamonga Redevelopment Agency (the "Former Agency") and Wells Fargo Bank, N.A., as successor trustee to Bank of America National Trust and Savings Association (the "Trustee"), as amended and supplemented by the First Supplemental Indenture, dated as of January 1, 1994, by and between the Former Agency and the Trustee (the "First Supplemental Indenture"), the Second Supplemental Indenture, dated as of August 1, 1999, by and between the Former Agency and the Trustee (the "Second Supplemental Indenture"), the Third Supplemental Indenture, dated as of August 1, 2001, by and between the Former Agency and the Trustee (the "Third Supplemental Indenture"), the Fourth Supplemental Indenture, dated as of March 1, 2004, by and between the Former Agency and the Trustee (the "Fourth Supplemental Indenture"),the Fifth Supplemental Indenture, dated as of July 1, 2014, by and between the Successor Agency and the Trustee (the "Fifth Supplemental Indenture"), and the Sixth Supplemental Indenture, dated as of , 2016, by and between the Successor Agency and the Trust (the "Sixth Supplemental Indenture") and Parts 1, 1.8 and 1.85 of Division 24 of the California Health and Safety Code (the "Law") and Article 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code (the "Refunding Law"). The Original Indenture as amended and supplemented by the First Supplemental Indenture, the Second Supplemental Indenture, the Third Supplemental Indenture, the Fourth Supplemental Indenture, the Fifth Supplemental Indenture and the Sixth Supplemental Indenture is hereinafter referred to as the "Indenture." The issuance of the Bonds was approved by the Successor Agency by Resolution No. 16-120 adopted on July 20, 2016 (the "Successor Agency Bond Resolution") and by the Oversight Board of the Successor Agency by Resolution No. 16-03 adopted on July 21, 2016 (the "Oversight Board Resolution"). The Bonds shall be as described in the Indenture and the Official Statement dated the date hereof relating to the Bonds (which, together with all exhibits and appendices included therein or attached thereto and P463 such amendments or supplements thereto which shall be approved by the Underwriter, is hereinafter called the "Official Statement"). The net proceeds of the Bonds will be used to refund and defease all of the outstanding Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Housing Set - Aside Tax Allocation Bonds Tax -Exempt 2007 Series A (the "Refunded Bonds") issued by the Former Agency in the original principal amount of $73,305,000. The payment of principal and interest on the Bonds maturing on September 1, 20_ and on September 1 of each year thereafter up to and including September 1, 20 when due will be guaranteed by the Policy. The Surety Bond will be deposited in the Series 2016 Bonds Reserve Subaccount pursuant to the Indenture. The Successor Agency will undertake pursuant to the provisions of a Continuing Disclosure Certificate, to be dated the date of the Closing (the "Disclosure Certificate") and executed by the Successor Agency, to provide certain annual information and notices of the occurrence of certain enumerated events. A description of the undertaking is set forth in the Preliminary Official Statement (as defined below) and will also be set forth in the Official Statement. Certain proceeds of the Bonds will be deposited into the Refunding Fund established under the Indenture, and will be transferred by the Trustee to Wells Fargo Bank, N.A., in its capacity as escrow bank (the "Escrow Bank") under that certain Escrow Deposit and Trust Agreement, dated as of , 2016, by and between the Successor Agency and the Escrow Bank (the "Escrow Agreement") for deposit and application pursuant to the Escrow Agreement. The Indenture, the Disclosure Certificate, the Escrow Agreement and this Purchase Agreement are sometimes collectively referred to herein as the "Successor Agency Legal Documents." 3. Offering_. It shall be a condition to the Successor Agency's obligations to sell and to deliver the Bonds to the Underwriter and to the Underwriter's obligations to purchase, to accept delivery of and to pay for the Bonds that the entire aggregate principal amount of the Bonds shall be issued, sold and delivered by the Successor Agency and purchased, accepted and paid for by the Underwriter at the Closing. The Underwriter agrees to make a bona fide public offering of all of the Bonds at the initial public offering prices or yields set forth in Exhibit A hereto and on the inside front cover page of the Official Statement. The Underwriter reserves the right to change, subsequent to the initial public offering, such initial offering prices as it shall deem necessary in connection with the marketing of the Bonds. 4. Use and Preparation of Documents. The Successor Agency has caused to be prepared and delivered to the Underwriter prior to the execution of this Purchase Agreement copies of the Preliminary Official Statement dated , 2016, relating to the Bonds (the "Preliminary Official Statement"). The Successor Agency authorized distribution of the Preliminary Official Statement and preparation and distribution of a final Official Statement pursuant to a resolution adopted on , 2016 (the "Disclosure Resolution," together with the Successor Agency Bond Resolution, the "Successor Agency Resolutions"). The Successor Agency ratifies, confirms and approves the use by the Underwriter prior to the date hereof of the Preliminary Official Statement. The Successor Agency has previously deemed the Preliminary Official Statement to be final as of its date for purposes of Rule 15c2-12 P464 promulgated under the Securities Exchange Act of 1934 ("Rule 15c2-12"), except for information permitted to be omitted therefrom by Rule 15c2-12. The Successor Agency shall have executed and delivered to the Underwriter a certification to such effect in the form attached hereto as Exhibit B. The Successor Agency hereby agrees to deliver or cause to be delivered to the Underwriter, not later than the earlier of: (i) the business day preceding the Closing Date (as defined herein); or (ii) the seventh (7th) business day following the date of this Purchase Agreement: (A) the form of the Official Statement relating to the Bonds in "designated electronic format" (as defined in MSRB Rule G-32); and (B) copies of the Official Statement, dated the date hereof, in the form of the Preliminary Official Statement, with such changes thereto, as may be approved by the Underwriter, in such quantity as the Underwriter shall reasonably request. The Successor Agency hereby approves of the distribution and use by the Underwriter of the Official Statement in connection with the offer and sale of the Bonds. The Preliminary Official Statement and/or the Official Statement may be delivered in printed and/or electronic form to the extent permitted by applicable rules of the MSRB and as may be agreed by the Successor Agency and the Underwriter. If the Official Statement is prepared for distribution in electronic form, the Successor Agency hereby confirms that it does not object to distributions of the Official Statement in electronic form. The Underwriter agrees that it will not confirm the sale of any Bonds unless the confirmation of sale is accompanied or preceded by the delivery of a copy of the Official Statement (which may be in electronic form). 5. Representations, Warranties and Agreements of the Successor Agency. The Successor Agency hereby represents, warrants and agrees as follows: (a) The Successor Agency is a public entity existing under the Constitution and laws of the State of California, including the Law; (b) The Successor Agency has full legal right, power and authority to enter into the Successor Agency Legal Documents and carry out and consummate the transactions contemplated by the Successor Agency Legal Documents; (c) By all necessary official action of the Successor Agency prior to or concurrently with the acceptance hereof, the Successor Agency has duly authorized and approved the preparation and use of the Preliminary Official Statement and the Official Statement, the execution and delivery of the Official Statement and the Successor Agency Legal Documents, and the performance by the Successor Agency of all transactions contemplated by the Successor Agency Legal Documents; and the Successor Agency Legal Documents will constitute legal, valid and binding obligations of the Successor Agency, enforceable in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or limiting creditors' rights generally and to the exercise of judicial discretion in appropriate cases and to the limitations on legal remedies against public entities in the State of California; (d) The Successor Agency is not in any material respect in breach of or default under any applicable constitutional provision, law or administrative regulation to which it is subject or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement (including, without limitation, the Indenture) or other instrument to which the Successor Agency is a party or to which the Successor Agency or any of its property or assets is otherwise subject, which breach or default has or may have an adverse effect on the ability of the Successor Agency to perform its obligations under the Successor Agency Legal Documents, and no event has occurred and is continuing which with the passage of time or the P465 giving of notice, or both, would constitute such a default or event of default under any such instrument; and the execution and delivery of the Successor Agency Legal Documents, and compliance with the provisions on the Successor Agency's part contained therein, will not conflict with or constitute a material breach of or a material default under any constitutional provision, law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Successor Agency is a party or to which the Successor Agency or any of its property or assets is otherwise subject, nor will any such execution, delivery, adoption or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Successor Agency or under the terms of any such constitutional provision, law, regulation or instrument, except as provided by the Indenture; (e) Except as described in or contemplated by the Official Statement, all authorizations, approvals, licenses, permits, consents and orders of any governmental authority, board, agency or commission having jurisdiction of the matter which are required for the due authorization by, or which would constitute a condition precedent to or the absence of which would materially adversely affect the due performance by, the Successor Agency of its obligations under the Successor Agency Legal Documents have been duly obtained, except for such approvals, consents and orders as may be required under the Blue Sky or securities laws of any state in connection with the offering and sale of the Bonds, as to which no representations or warranties are made; (f) Between the date of this Purchase Agreement and the date of the Closing, the Successor Agency will not, without the prior written consent of the Underwriter, offer or issue any bonds, notes or other obligations for borrowed money, or incur any material liabilities, direct or contingent, payable from Tax Revenues (as defined in the Indenture), nor will there by any adverse change of a material nature in the financial position, results of operations or condition, financial or otherwise, of the Successor Agency in any manner affecting the Successor Agency's performance of its obligations under the Successor Agency Legal Documents; (g) To the best knowledge of the officer of the Successor Agency executing this Purchase Agreement, after due inquiry, as of the date hereof, there is no action, suit, proceeding, inquiry or investigation, at law or in equity before or by any court, government agency, public board or body, pending and notice of which has been received by the Successor Agency or threatened against the Successor Agency, affecting the existence of the Successor Agency or the titles of its officers to their respective offices, or affecting or seeking to prohibit, restrain or enjoin the execution and delivery of the Indenture or the collection of the Tax Revenues or contesting or affecting, as to the Successor Agency, the validity or enforceability of the Successor Agency Resolutions or the Successor Agency Legal Documents or contesting the exclusion from gross income of interest on the Bonds for federal income tax purposes, or contesting the completeness or accuracy of the Preliminary Official Statement or the Official Statement, or contesting the powers of the Successor Agency, or in any way contesting or challenging the consummation of the transactions contemplated hereby, or which might result in a material adverse change in the financial condition of the Successor Agency or which might materially adversely affect the Tax Revenues; nor, to the best knowledge of the Successor Agency, is there any known basis for any such action, suit, proceeding, inquiry or investigation, wherein an unfavorable decision, ruling or finding would materially adversely affect the validity of the authorization, execution, delivery or performance by the Successor Agency of the Successor Agency Legal Documents; P466 (h) As of the date of the Closing, other than as described in the Official Statement, the Successor Agency will not have outstanding any indebtedness which indebtedness is secured by a lien on the Tax Revenues of the Successor Agency on a parity with the lien provided for in the Indenture on the Tax Revenues; (i) As of the time of acceptance hereof and as of the date of the Closing, the Successor Agency has complied with the filing requirements of the Law the failure to comply with which could materially adversely affect the availability of Tax Revenues to repay the Bonds, including, without limitation, the filing of all Recognized Obligation Payment Schedules, as required by the Dissolution Act (as defined in the Indenture); (j) of the date thereof, the Preliminary Official Statement did not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein in light of the circumstances under which they were made, not misleading, excluding therefrom information therein relating to DTC and the book -entry system, the Insurer, the Policy, the prices or yields of the Bonds and information under the captions "MUNICIPAL BOND INSURANCE," "OTHER INFORMATION — Underwriting," "OTHER INFORMATION — Tax Matters" and Appendices E and I"; (k) As of the date thereof and at all times subsequent thereto to and including the date which is 25 days following the End of the Underwriting Period (as such term is defined below) for the Bonds, the Official Statement did not and will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made not misleading, excluding therefrom information therein relating to DTC and the book -entry system, the Insurer, the Policy, the prices or yields of the Bonds, information under the captions "MUNICIPAL BOND INSURANCE," "OTHER INFORMATION — Underwriting," "OTHER INFORMATION — Tax Matters" and Appendices E and I"; (I) If between the date hereof and the date which is 25 days after the End of the Underwriting Period for the Bonds, an event occurs which would cause the information contained in the Official Statement, as then supplemented or amended, to contain an untrue statement of a material fact or to omit to state a material fact required to be stated therein or necessary to make such information herein, in the light of the circumstances under which it was presented, not misleading, the Successor Agency will notify the Underwriter, and, if in the opinion of the Underwriter or the Successor Agency, or respective counsel, such event requires the preparation and publication of a supplement or amendment to the Official Statement, the Successor Agency will cooperate in the preparation of an amendment or supplement to the Official Statement in a form and manner approved by the Underwriter, and shall pay all expenses thereby incurred. For the purposes of this subsection, between the date hereof and the date which is 25 days after the End of the Underwriting Period for the Bonds, the Successor Agency will furnish such information with respect to itself as the Underwriter may from time to time reasonably request. As used herein, the term "End of the Underwriting Period" means the later of such time as: (i) the Successor Agency delivers the Bonds to the Underwriter; or (ii) the Underwriter does not retain, directly or as a member of an underwriting syndicate, an unsold balance of the Bonds for sale to the public. Notwithstanding the foregoing, unless the Underwriter gives written notice to the contrary, the "End of the Underwriting Period" shall be the date of Closing; (m) If the information contained in the Official Statement is amended or supplemented pursuant to paragraph (I) hereof, at the time of each supplement or amendment P467 thereto and (unless subsequently again supplemented or amended pursuant to such subparagraph) at all times subsequent thereto up to and including the date which is 25 days after the End of the Underwriting Period for the Bonds, the portions of the Official Statement so supplemented or amended (including any financial and statistical data contained therein) will not contain any untrue statement of a material fact required to be stated therein or necessary to make such information therein in the light of the circumstances under which it was presented, not misleading; (n) Any certificate signed by any officer of the Successor Agency and delivered to the Underwriter shall be deemed a representation by the Successor Agency to the Underwriter as to the statements made therein; (o) The Successor Agency will apply the proceeds from the sale of the Bonds for the purposes specified in the Official Statement; (p) The Successor Agency has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that neither the Successor Agency nor the City of Rancho Cucamonga is a bond issuer whose arbitrage certifications may not be relied upon; (q) The Successor Agency will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter, at the expense of the Underwriter, as it may reasonably request in order to qualify the Bonds for offer and sale under the "blue sky" or other securities laws and regulations of such states and other jurisdictions of the United States of America as the Underwriter may designate; provided, however, that the Successor Agency will not be required to execute a special or general consent to service of process or qualify as a foreign corporation in connection with any such qualification in any jurisdiction. (r) The Successor Agency will refrain from taking any action with regard to which the Successor Agency may exercise control that results in the inclusion in gross income for federal income tax purposes of the interest on the Bonds or State of California income tax purposes of the interest on the Bonds; (s) Except as disclosed in the Official Statement, the Successor Agency has not failed to comply in any material respect with its obligation under a continuing disclosure undertaking during the past five years. The Continuing Disclosure Compliance Report dated May 3, 2016 prepared by Lumesis, Inc. in connection with the issuance of the Bonds lists (1) all of the securities for which the Successor Agency was obligated to provide continuing disclosure in the previous five years and (2) all "material"/enumerated events of which the Successor Agency was obligated to provide notice in the previous five years; (t) The Oversight Board has duly adopted the Oversight Board Resolution approving the issuance of the Bonds; (u) The Department of Finance of the State (the "Department of Finance") has issued a letter (the "DOF Letter"), dated , 2016, approving the Oversight Board Resolution approving the issuance of the Bonds. No further Department of Finance approval or consent is required for the issuance of the Bonds or the consummation of the transactions described in the Preliminary Official Statement. Except as disclosed in the Preliminary Official Statement, the Successor Agency is not aware of the Department of Finance directing or P468 having, in the reasonable determination of the Successor Agency, any reasonable basis to direct the County Auditor -Controller to deduct unpaid unencumbered funds from future allocations of property tax to the Successor Agency pursuant to Section 34183 of the Dissolution Act; and (v) No consent is required from the Successor Agency's auditor for the audited financial statements of the Successor Agency to be appended to the Preliminary Official Statement and the final Official Statement. 6. Closing. At 8:00 A.M., California time, on , 2016, or on such other date as may be mutually agreed upon by the Successor Agency and the Underwriter, the Successor Agency will, subject to the terms and conditions hereof, sell and deliver the Bonds to the Underwriter, duly executed and authenticated, together with the other documents hereinafter mentioned, and, subject to the terms and conditions hereof, the Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in Section 1 hereof. Sale, delivery and payment as aforesaid shall be made at the offices of Best Best & Krieger LLP, Riverside, California ("Bond Counsel"), or such other place as shall have been mutually agreed upon by the Successor Agency and the Underwriter, except that the Bonds (with one certificate for each maturity and otherwise in a form suitable for the book -entry system) shall be delivered to the Underwriter in New York, New York, through the book -entry system of The Depository Trust Company ("DTC"). Unless the DTC Fast Automated Securities Transfer ("FAST") is utilized, the Bonds will be made available for inspection by DTC at least one (1) business day prior to the Closing. 7. Closing Conditions. The Underwriter has entered into this Purchase Agreement in reliance upon the representations and warranties of the Successor Agency contained herein, and in reliance upon the representations and warranties to be contained in the documents and instruments to be delivered at the Closing and upon the performance by the Successor Agency of its obligations hereunder, both as of the date hereof and as of the date of the Closing. Accordingly, the Underwriter's obligations under this Purchase Agreement to purchase, to accept delivery of and to pay for the Bonds shall be conditioned upon the performance by the Successor Agency of its obligations to be performed hereunder and under such documents and instruments at or prior to the Closing, and shall also be subject to the following additional conditions: (a) The Underwriter shall receive, within seven (7) business days of the date hereof, but in no event less than one (1) day prior to Closing, copies of the Official Statement (including all information previously permitted to have been omitted from the Preliminary Official Statement by Rule 15c2-12 and any amendments or supplements as have been approved by the Underwriter), in such reasonable quantity as the Underwriter shall have requested; (b) The representations and warranties of the Successor Agency contained herein shall be true and correct on the date hereof and on and as of the date of the Closing, as if made on the date of the Closing and the statements of the officers and other officials of the Successor Agency and the Trustee made in any certificate or other document furnished pursuant to the provisions hereof are accurate; (c) At the time of the Closing, the Successor Agency Legal Documents shall have been duly authorized, executed and delivered by the respective parties thereto, and the Official Statement shall have been duly authorized, executed and delivered by the Successor Agency, all in substantially the forms heretofore submitted to the Underwriter, with only such P469 changes as shall have been agreed to in writing by the Underwriter, and shall be in full force and effect; and there shall be in full force and effect such resolution or resolutions of the governing body of the Successor Agency as, in the opinion of Bond Counsel, shall be necessary or appropriate in connection with the transactions contemplated hereby; (d) At the time of the Closing, all necessary official action of the Successor Agency relating to the Official Statement and the Successor Agency Legal Documents shall have been taken and shall be in full force and effect and shall not have been amended, modified or supplemented in any material respect; (e) At or prior to the Closing, the Underwriter shall have received copies of each of the following documents: (1) Bond Counsel Opinions. The approving opinion of Bond Counsel to the Successor Agency, dated the date of the Closing and substantially in the form included as Appendix F to the Official Statement; (2) Supplemental Opinion of Bond Counsel. A supplemental opinion or opinions of Bond Counsel addressed to the Underwriter, in form and substance acceptable to the Underwriter, and dated the date of the Closing, stating that the Underwriter may rely on the opinions of Bond Counsel described in paragraph (1) above as if such opinion were addressed to the Underwriter and to the following effect: (i) the Successor Agency Legal Documents have been duly authorized, executed and delivered by the Successor Agency and, assuming due authorization, execution and delivery by the other parties thereto, constitute the valid, legal and binding obligations of the Successor Agency enforceable in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting enforcement of creditors rights and by the application of equitable principles if equitable remedies are sought; (ii) the statements contained in the Official Statement under the captions "THE BONDS," "SECURITY FOR THE BONDS," "OTHER INFORMATION - Tax Matters" and in Appendices D and F insofar as such statements expressly summarize certain provisions of the Bonds, the Indenture or the opinion of Bond Counsel, are accurate in all material respects; (iii) the Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended (the "Securities Act"), and the Indenture is exempt from qualification pursuant to the Trust Indenture Act of 1939, as amended; and (iv) the execution and delivery of the Successor Agency Legal Documents and the Official Statement and compliance with the provisions of the Successor Agency Legal Documents, under the circumstances contemplated thereby, do not and will not in any material respect conflict with or constitute on the part of the Successor Agency a breach of or default under the 2007 Indenture (as such term is defined in the Indenture). P470 (3) Financial Advisor Certificate. A certificate, dated the date of Closing, signed by an authorized officer of Fieldman, Rolapp & Associates, Inc., the Successor Agency's Financial Advisor (the "Financial Advisor"), addressed to the Underwriter and the Successor Agency to the effect that: (i) in connection with its participation in the preparation of the Official Statement and without undertaking any independent investigation and without having undertaken to determine independently the fairness, accuracy or completeness of the statements contained in the Official Statement, nothing has come to the attention of the Financial Advisor that would lead it to believe that the statements and information contained in the Official Statement as of the date thereof and the Closing Date contains an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances in which they were made, not misleading, and (ii) with respect to the Refunded Bonds, the savings test set forth in Section 34177.5(a) of the Dissolution Act has been met; (4) Successor Agency Counsel Opinion. An opinion of Richards, Watson & Gershon, a Professional Corporation, Los Angeles, California, as Counsel to the Successor Agency, dated the date of the Closing and addressed to the Underwriter, in form and substance acceptable to the Underwriter to the following effect: (i) the Successor Agency is a public entity duly existing under the laws of the State, including the Law, with full right, power and authority to execute, deliver and perform its obligations under the Indenture; (ii) the Successor Agency Resolutions (a) were duly adopted at meetings of the Successor Agency, called and held pursuant to law, with all public notice required by law and at which a quorum was present and acting throughout and (b) are in full force and effect and have not been modified amended or rescinded since their respective adoption dates; (iii) the execution and delivery of the Successor Agency Legal Documents and the Official Statement and compliance with the provisions of the Successor Agency Legal Documents, under the circumstances contemplated thereby, (1) do not and will not in any material respect conflict with or constitute on the part of the Successor Agency a breach of or default under any agreement or other instrument to which the Successor Agency is a party or by which it is bound, and (2) do not and will not in any material respect constitute on the part of the Successor Agency a violation, breach of or default under any existing law, regulation, court order or consent decree to which the Successor Agency is subject; and (iv) to the best of such counsel's knowledge, except as otherwise disclosed in the Official Statement, there is no litigation or proceeding, pending and served, or threatened, challenging the creation, organization or existence of the Successor Agency, or the validity of the Bonds, the Successor Agency Resolutions or the Successor Agency Legal Documents or seeking to restrain or enjoin any of the transactions referred to therein or contemplated thereby, or under which a determination adverse to the Successor Agency would have a material adverse effect upon the financial condition or the revenues of the P471 Successor Agency, or which, in any manner, questions the right of the Successor Agency to issue, sell and deliver the Bonds, to enter into the Indenture or to use the Tax Revenues for repayment of the Bonds or affects in any manner the right or ability of the Successor Agency to collect or pledge the Tax Revenues. (5) Trustee/Escrow Bank Counsel Opinion. The opinion of counsel to Wells Fargo Bank, N.A., as Trustee and Escrow Bank, dated the date of the Closing, addressed to the Underwriter, to the effect that: (i) Wells Fargo Bank, N.A. is a national banking association, duly organized and validly existing under the laws of the United States of America, having full power to enter into, accept and administer the trusts created under the Indenture and the Escrow Agreement and to act in accordance therewith; (ii) The Indenture and the Escrow Agreement have been duly authorized, executed and delivered by Wells Fargo Bank, N.A. and the Indenture and the Escrow Agreement constitute the legal, valid and binding obligation of Wells Fargo Bank, N.A., enforceable in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors' rights generally and by the application of equitable principles, if equitable remedies are sought; (iii) Wells Fargo Bank, N.A. has accepted its responsibilities under the Indenture and the Escrow Agreement, and the Indenture and the Escrow Agreement constitute the legal, valid and binding obligation of Wells Fargo Bank, N.A., enforceable in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors' rights generally and by the application of equitable principles, if equitable remedies are sought; and (iv) Except as may be required under Blue Sky or other securities laws of any state, no consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over Wells Fargo Bank, N.A. that has not been obtained is or will be required for the execution and delivery of the Indenture and the Escrow Agreement or the acceptance by Wells Fargo Bank, N.A. of its duties under the Indenture and the Escrow Agreement, or the consummation of the transactions contemplated by the Indenture and the Escrow Agreement. (6) Successor Agency Certificate. A certificate of the Successor Agency, dated the date of the Closing, signed on behalf of the Successor Agency by a duly authorized officer of the Successor Agency, to the effect that: (i) the representations and warranties of the Successor Agency contained herein are true and correct in all material respects on and as of the date of the Closing as if made on the date of the Closing; and (ii) no event affecting the Successor Agency has occurred and come to the attention of the Successor Agency since the date of the Official Statement which has not been disclosed therein or in any supplement or P472 amendment thereto which event should be disclosed in the Official Statement in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. (7) Certificate of Trustee/Escrow Bank. A certificate of Wells Fargo Bank, N.A., dated the date of Closing, to the effect that: (i) Wells Fargo Bank, N.A. is a national banking association duly organized and validly existing under the laws of the United States of America; (ii) The Indenture and the Escrow Agreement have been duly authorized, executed and delivered by Wells Fargo Bank, N.A. and the Indenture and the Escrow Agreement constitute the legal, valid and binding obligation of Wells Fargo Bank, N.A., enforceable in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors' rights generally and by the application of equitable principles, if equitable remedies are sought; and (iii) Wells Fargo Bank, N.A. has accepted its responsibilities under the Indenture and the Escrow Agreement, and the Indenture and the Escrow Agreement constitute the legal, valid and binding obligation of Wells Fargo Bank, N.A., enforceable in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors' rights generally and by the application of equitable principles, if equitable remedies are sought. (8) Legal Documents. Executed copies of this Purchase Agreement and the other Successor Agency Legal Documents. (9) Rating Letter. Letters from S&P Global Ratings, a business unit of Standard & Poor's Financial Services, LLC, and Fitch Ratings to the effect that the Bonds have been assigned the ratings identified in the Official Statement, which ratings shall be in effect as of the Closing. (10) Disclosure Letter. A letter of Best Best & Krieger LLP, Riverside, California ("Disclosure Counsel"), dated the date of the Closing, addressed to the Underwriter, to the effect that, based upon its participation in the preparation of the Official Statement and without having undertaken to determine independently the fairness, accuracy or completeness of the statements contained in the Official Statement, such counsel has no reason to believe that, as of the date of the Closing, the Official Statement (excluding therefrom the reports, financial and statistical data and forecasts therein and the information included in the Appendices thereto and information relating to DTC, as to which no advice need be expressed) contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (11) Fiscal Consultant Certificate. A certificate of HdL Coren & Cone (the "Fiscal Consultant"), dated the date of the Closing, addressed to the P473 Successor Agency and the Underwriter, in form and substance acceptable to the Underwriter, certifying as to the accuracy of the information in the Official Statement attributed to the Fiscal Consultant and stating that to the best of such firm's knowledge, but without having conducted any investigation with respect thereto, nothing has come to such firm's attention between the date of such report and the date hereof which would materially alter any of the conclusions set forth in such report. (12) Successor Agency Resolutions. A certified copy of each of the Successor Agency Resolutions. (13) Oversight Board Resolution. A certified copy of the Oversight Board Resolution. (14) Oversight Board Certificate. A certificate of the Clerk of the Oversight Board to the effect that the Oversight Board Resolution was validly adopted, remains in full force and effect, and has not been amended, rescinded or otherwise modified since its date of adoption. (15) DOF Letter. A copy of the DOF Letter. (16) Defeasance Opinion. An opinion of Bond Counsel, dated the date of Closing, to the effect that the Successor Agency has taken all actions required to defease the Refunded Bonds, and that such Refunded Bonds are no longer outstanding for purposes of the trust indentures pursuant to which the Refunded Bonds were issued. (17) Verification Report. A verification report from Causey Demgen & Moore P.C. relating to the defeasance of the Refunded Bonds, in form and substance satisfactory to the Underwriter. (18) Tax Certificate. A tax certificate or certificates with respect to maintaining the tax-exempt status of the Bonds, duly executed by the Successor Agency. (19) [Bond Insurance and Surety Bond Documents. A copy of the Policy and the Surety Bond, together with such certificates and opinions as required by Bond Counsel and the Underwriter.] (20) Underwriter's Counsel Opinion. An opinion of Jones Hall, A Professional Law Corporation, as counsel to the Underwriter, in form and substance acceptable to the Underwriter. (21) Continuina Disclosure Compliance. A report of Lumesis, Inc. addressed to the Underwriter in form and substance acceptable to the Underwriter as to compliance by the Successor Agency with its continuing disclosure undertakings during the previous five years. (22) Parity Debt Certificate. A certificate of the Successor Agency demonstrating compliance with the provisions of Sections 3.05 and 3.06 of the Indenture, if required thereby. P474 (23) Financial Advisor Report. Copies of all reports or other work product prepared by the Financial Advisor in connection with the Bonds as required pursuant to Section 34177.5(h) of the Dissolution Act. (24) Additional Documents. Such additional certificates, instruments and other documents as Bond Counsel, the Successor Agency or the Underwriter may reasonably deem necessary. All the opinions, letters, certificates, instruments and other documents mentioned above or elsewhere in this Purchase Agreement shall be deemed to be in compliance with the provisions hereof if, but only if, they are in form and substance satisfactory to the Underwriter. If the Successor Agency, the Trustee or the Escrow Bank shall be unable to satisfy the conditions to the obligations of the Underwriter to purchase, to accept delivery of and to pay for the Bonds contained in this Purchase Agreement, if the Successor Agency shall determine in good faith (and provide written notice to the Underwriter) that legislation has been introduced or proposals made by the Governor of the State of California which if enacted and effective would impose additional limitations or burdens on the Successor Agency by reason of the issuance of the Bonds or which purport to prohibit the issuance of the Bonds, or if the obligations of the Underwriter to purchase, to accept delivery of and to pay for the Bonds shall be terminated for any reason permitted by this Purchase Agreement, this Purchase Agreement shall terminate and neither the Underwriter nor the Successor Agency shall be under any further obligation hereunder. 8. Termination. The Underwriter shall have the right to terminate this Purchase Agreement, without liability therefor, by notification to the Successor Agency if at any time between the date hereof and prior to the Closing: (a) any event shall occur which causes any statement contained in the Official Statement to be materially misleading or results in a failure of the Official Statement to state a material fact necessary to make the statements in the Official Statement, in the light of the circumstances under which they were made, not misleading; or (b) the marketability of the Bonds or the market price thereof, in the reasonable opinion of the Underwriter, has been materially adversely affected by an amendment to the Constitution of the United States or by any legislation in or by the Congress of the United States or by the State, or the amendment of legislation pending as of the date of this Purchase Agreement in the Congress of the United States, or the recommendation to Congress or endorsement for passage (by press release, other form of notice or otherwise) of legislation by the President of the United States, the Treasury Department of the United States, the Internal Revenue Service or the Chairman or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives, or the proposal for consideration of legislation by either such Committee or by any member thereof, or the presentment of legislation by either such Committee, or by the staff of the Joint Committee on Taxation of the Congress of the United States, or the favorable reporting for passage of legislation to either House of the Congress of the United States by a Committee of such House to which such legislation has been referred for consideration, or any decision of any Federal or State court or any ruling or regulation (final, temporary or proposed) or official statement on behalf of the United States P475 Treasury Department, the Internal Revenue Service or other federal or State authority materially adversely affecting the federal or State tax status of the Successor Agency, or the interest on bonds or notes or obligations of the general character of the Bonds; or (c) any legislation, ordinance, rule or regulation shall be introduced in, or be enacted by any governmental body, department or agency of the State of California, or a decision by any court of competent jurisdiction within the State or any court of the United States shall be rendered which, in the reasonable opinion of the Underwriter, materially adversely affects the market price of the Bonds; or (d) legislation shall be enacted by the Congress of the United States, or a decision by a court of the United States shall be rendered, or a stop order, ruling, regulation or official statement by, or on behalf of, the Securities and Exchange Commission or any other governmental agency having jurisdiction of the subject matter shall be issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including all underlying obligations, as contemplated hereby or by the Official Statement, is in violation or would be in violation of, or that obligations of the general character of the Bonds, or the Bonds, are not exempt from registration under, any provision of the federal securities laws, including the Securities Act of 1933, as amended and as then in effect, or that the Indenture needs to be qualified under the Trust Indenture Act of 1939, as amended and as then in effect; or (e) additional material restrictions not in force as of the date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange which restrictions materially adversely affect the Underwriter's ability to trade the Bonds; or (f) a general banking moratorium shall have been established by federal or State authorities; or (g) the United States has become engaged in hostilities which have resulted in a declaration of war or a national emergency or there has occurred any other outbreak of hostilities or a national or international calamity or crisis, or there has occurred any escalation of existing hostilities, calamity or crisis, financial or otherwise, the effect of which on the financial markets of the United States being such as, in the reasonable opinion of the Underwriter, would affect materially and adversely the ability of the Underwriter to market the Bonds; or (h) any rating of the Bonds shall have been downgraded, suspended or withdrawn by a national rating service, which, in the Underwriter's reasonable opinion, materially adversely affects the marketability or market price of the Bonds; or (i) the commencement of any action, suit or proceeding described in Section 5(g) hereof which, in the reasonable judgment of the Underwriter, materially adversely affects the market price of the Bonds; or (j) there shall exist any event which in the reasonable opinion of the Underwriter that either: (i) makes untrue or incorrect in any material respect any statement or information contained in the Official Statement; or (ii) is not reflected in the P476 Official Statement but should be reflected therein to make the statements and information contained therein not misleading in any material respect; or (k) there shall be in force a general suspension of trading on the New York Stock Exchange. 9. Expenses. (a) Subject to Section 9(b), the Underwriter shall be under no obligation to pay, and the Successor Agency shall pay, any expenses incident to the performance of the Successor Agency's obligations hereunder including, but not limited to: (i) the cost of preparation, printing and distribution of the Indenture and word processing, reproduction, printing and distribution costs relating to the Preliminary Official Statement, the Official Statement and any supplements or amendments thereto (incurred by Disclosure Counsel or an independent printer); (ii) the cost of preparation of the Bonds; (iii) the fees and disbursements of Bond Counsel and Disclosure Counsel and the fees and expenses of counsel to the Successor Agency; (iv) the fees and disbursements of the Financial Advisor and the Fiscal Consultant and any other experts, consultants or advisors retained by the Successor Agency; (v) the fees of the rating agencies; (vi) the fees of the verification agent and the costs of verifying compliance with Rule 15c2-12; and (vii) any out-of-pocket disbursements of the Successor Agency incurred in connection with the issuance and sale of the Bonds (included in the expense component of the Underwriter's compensation) incurred on behalf of the Successor Agency's employees which are incidental to implementing this Purchase Agreement including, but not limited to, meals, transportation and lodging of those employees. (b) The Underwriter shall pay: (i) the fees and expenses of its underwriter's counsel; (ii) fees, if any, payable to the California Debt and Investment Advisory Commission in connection with the issuance of the Bonds; (iii) any costs associated with qualifying the Bonds for offer and sale under Blue Sky or other securities laws of any state or jurisdiction designated by the Underwriter; (iv) the fees charged by DTC, the CUSIP Service Bureau, the MSRB and any securities association; and (v) all other expenses incurred by it in connection with the public offering of the Bonds (provided, as such expenses may be reimbursed through the expense portion of the Underwriter's discount, upon the Successor Agency's agreement). 10. Notices. Any notice or other communication to be given to the Successor Agency under this Purchase Agreement may be given by delivering the same in writing at the Successor Agency's address set forth above, Attention: Executive Director; and to the Underwriter under this Purchase Agreement by delivering the same in writing to: Stifel, Nicolaus & Company, Inc., One Montgomery Street, 35th Floor, San Francisco, California 94104, Attention: Anna Van Degna, Director. 11. Parties in Interest. This Purchase Agreement is made solely for the benefit of the Successor Agency and the Underwriter and no other person shall acquire or have any right hereunder or by virtue hereof. All of the representations, warranties and agreements of the Successor Agency contained in this Purchase Agreement shall remain operative and in full force and effect, regardless of: (i) any investigations made by or on behalf of the Underwriter; (ii) delivery of and payment for the Bonds pursuant to this Purchase Agreement; and (iii) any termination of this Purchase Agreement. 12. Effectiveness and Counterpart Signatures. This Purchase Agreement shall become effective upon the execution of the acceptance by an authorized officer of the Successor Agency and shall be valid and enforceable at the time of such acceptance and approval. This Purchase Agreement may be executed by the parties hereto by facsimile P477 transmission and in separate counterparts, each of which when so executed and delivered (including delivery by facsimile transmission) shall be an original, but all such counterparts shall together constitute but one and the same instrument. 13. Headings. The headings of the sections of this Purchase Agreement are inserted for convenience only and shall not be deemed to be a part hereof. 14. Governing Law. This Purchase Agreement shall be construed in accordance with the laws of the State of California. Very truly yours, STIFEL, NICOLAUS & COMPANY, INC. By: Accepted: SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY By: City Manager of the City of Rancho Cucamonga Time of execution: California Time Director P478 P479 EXHIBIT A SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY RANCHO REDEVELOPMENT PROJECT AREA TAX ALLOCATION REFUNDING BONDS, SERIES 2016 Serial Bonds Maturity Date September 1 Amount Coupon Yield Price Insured Serial Bonds Maturity Date September 1 Amount Coupon Yield Price C = Priced to first optional par call date of September 1, 20_. Redemption Provisions Optional Redemption. The Bonds maturing on or after September 1, 20_ may be called before maturity and redeemed at the option of the Successor Agency, in whole or in part, from any source of funds, on any date on or after September 1, 20 , among maturities at the discretion of the Successor Agency and by lot within a maturity. Bonds called for redemption will be redeemed at a redemption price equal to the principal amount of Bonds to be redeemed plus accrued interest to the redemption date, without premium. EXHIBIT B SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY RANCHO REDEVELOPMENT PROJECT AREA TAX ALLOCATION REFUNDING BONDS, SERIES 2016 RULE 15c2-12 CERTIFICATE The undersigned hereby certifies and represents that he is the City Manager of the City of Rancho Cucamonga and the chief administrative officer of the Successor Agency to the Rancho Cucamonga Redevelopment Agency (the "Successor Agency"), and is duly authorized to execute and deliver this Certificate and further hereby certifies and reconfirms on behalf of the Successor Agency as follows: (1) This Certificate is delivered in connection with the offering and sale of the above - referenced bonds (the "Bonds") in order to enable the underwriter of the Bonds to comply with Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule"). (2) In connection with the offering and sale of the Bonds, there has been prepared a Preliminary Official Statement, setting forth information concerning the Bonds and the Successor Agency (the "Preliminary Official Statement"). (3) As used herein, "Permitted Omissions" shall mean the offering price(s), interest rate(s), selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, ratings and other terms of the Bonds depending on such matters, all with respect to the Bonds. (4) The Preliminary Official Statement is, except for Permitted Omissions, deemed final within the meaning of the Rule. (5) The Successor Agency hereby approves of the use and distribution by the Underwriter of the Preliminary Official Statement. Dated: , 2016 SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY By: City Manager of the City of Rancho Cucamonga P480 P481 RESOLUTION NO. 16-157 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY CONFIRMING THE ISSUANCE OF TAX ALLOCATION REFUNDING BONDS PURSUANT TO A SIXTH SUPPLEMENTAL INDENTURE, APPROVING PRELIMINARY AND FINAL OFFICIAL STATEMENTS, BOND PURCHASE AGREEMENT AND PROVIDING OTHER MATTERS RELATING THERETO WHEREAS, pursuant to Section 34172(a) of the California Health and Safety Code (unless otherwise noted, all Section references hereinafter being to such Code), the Rancho Cucamonga Redevelopment Agency (the "Former Agency") has been dissolved and no longer exists as a public body, corporate and politic, and pursuant to Section 34173, the City of Rancho Cucamonga has elected to serve as the successor entity to the Former Agency (the "Successor Agency"); WHEREAS, prior to the dissolution of the Former Agency, the Former Agency issued its Rancho Redevelopment Project Housing Set -Aside Tax Allocation Bonds Tax Exempt 2007 Series A (the "2007A Bonds") for the purpose of financing and refinancing low and moderate income housing activities; WHEREAS, Section 34177.5 authorizes the Successor Agency to issue refunding bonds pursuant to Article 11 (commencing with Section 53580) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code (the "Refunding Law") for the purpose of achieving debt service savings within the parameters set forth in Section 34177.5(a)(1) (the "Savings Parameters"); WHEREAS, the Successor Agency, pursuant to Resolution No. 16-120 (the "Resolution"), adopted on July 20, 2016, approved the issuance of Successor Agency to the Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Area Tax Allocation Refunding Bonds, Series 2016 (the "Refunding Bonds"), subject to the Savings Parameters being met, and requested that the Oversight Board for the Successor Agency (the "Oversight Board") approve the issuance of the Refunding Bonds by the Successor Agency; WHEREAS, the Oversight Board, by Resolution OB No. 16-03 (the "OB Resolution"), adopted July 21, 2016, approved the issuance of the Refunding Bonds by the Successor Agency, and the OB Resolution, together with additional materials, have been submitted to the California Department of Finance for its approval of the OB Resolution and the issuance of the Refunding Bonds; WHEREAS, the Successor Agency, with the assistance of its disclosure counsel, Best Best & Krieger LLP, has prepared a draft of the Official Statement for the Refunding Bonds (the "Official Statement"), which contains information regarding the Refunding P482 Bonds, the Former Agency, the Successor Agency, and the Rancho Redevelopment Project Area, the preliminary form of which is on file with the City Clerk; WHEREAS, the Successor Agency, with the aid of its staff, has reviewed the Official Statement and wishes at this time to approve its use and distribution as in the public interests of the Successor Agency and applicable taxing entities; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Rancho Cucamonga, acting in its capacity as the legislative body of the successor agency to the dissolved Rancho Cucamonga Redevelopment Agency, as follows: Section 1. Confirmation of Approval of Issuance of the Refunding Bonds. The Successor Agency hereby confirms its actions in the Resolution authorizing and approving the issuance and sale of the Refunding Bonds. Section 2. Approval of Official Statement. The Successor Agency hereby approves the preliminary Official Statement in substantially the form on file with the City Clerk. Distribution of the preliminary Official Statement by the Successor Agency and Stifel, Nicolaus & Company, Incorporated (the "Underwriter") is hereby approved, and, prior to the distribution of the preliminary Official Statement, the Mayor, as presiding officer of the legislative body of the Successor Agency, or the City Manager of the City of Rancho Cucamonga, as the chief administrative officer of the Successor Agency, each acting alone, are authorized and directed, on behalf of the Successor Agency, to deem the preliminary Official Statement "final" pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule"). The execution of the final Official Statement, which shall include such changes and additions thereto deemed advisable by the Mayor, as the presiding officer of the legislative body of the Successor Agency, or the City Manager, as the chief administrative officer of the Successor Agency, and such information permitted to be excluded from the preliminary Official Statement pursuant to the Rule, is hereby approved for delivery to the purchasers of the Refunding Bonds, and the Mayor, as the presiding officer of the legislative body of the Successor Agency, or the City Manager, as the chief administrative officer of the Successor Agency, each acting alone, are authorized and directed to execute and deliver the final Official Statement for and on behalf of the Successor Agency, to deliver to the Underwriter a certificate with respect to the information set forth therein and to deliver to the Underwriter a Continuing Disclosure Certificate substantially in the form appended to the final Official Statement. Section 3. Sale of Refunding Bonds; Sale of the Refunding Bonds. The Successor Agency hereby approves the Bond Purchase Agreement, between the Successor Agency and the Underwriter (the "Bond Purchase Agreement"). The Authorized Officers, each acting alone, are hereby authorized and directed to execute and deliver, the Bond Purchase Agreement for and in the name and on behalf of the Successor Agency, in substantially the form on file with the Secretary of the Successor Agency, with such changes therein, deletions therefrom and additions thereto as the Authorized Officer executing the same shall approve, such approval to be conclusively evidenced by the execution and delivery of the Bond Purchase Agreement. The Successor Agency hereby authorizes the delivery and performance of its obligations under the Bond Purchase Agreement. The Successor Agency hereby approves the sale of the Refunding Bonds to the Underwriter, pursuant to the Bond Purchase Agreement and the Authorized Officers are hereby authorized and directed to provide such information to the Underwriter as they request in connection with the marketing of the Refunding Bonds, and to provide such representations and warranties as is customary in connection with the issuance of bonds such as the Refunding Bonds, including by executing the Successor Agency's Rule 15c2- 12 Certificate substantially in the form attached to the Bond Purchase Agreement. Section 4. Approval of the Continuing Disclosure Certificate. The form of the Continuing Disclosure Certificate on file with the Secretary of the Successor Agency is hereby approved and the Authorized Officers, each acting alone, are hereby authorized and directed, for and in the name and on behalf of the Successor Agency, to execute and deliver the Continuing Disclosure Certificate. The Successor Agency hereby authorizes the delivery and performance of its obligations under the Continuing Disclosure Certificate. Section 5. Official Actions. The Mayor, the City Manager and any and all other officers of the Successor Agency are hereby authorized and directed, for and in the name and on behalf of the Successor Agency, to do any and all things and take any and all actions, which they, or any of them, may deem necessary or advisable in connection with the issuance, sale and delivery of the Refunding Bonds. Whenever in this Resolution any officer of the Successor Agency is directed to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer is absent or unavailable. Section 6. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED this day of , 2016. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Mayor ATTEST: P483 Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing was duly passed, approved and adopted by the Successor Agency to the Rancho Cucamonga Redevelopment Agency, at a regular meeting of said Successor Agency held on the day of , 2016. California. Executed this day of , 2016, at Rancho Cucamonga, Janice C. Reynolds, Secretary P484