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HomeMy WebLinkAbout2022/06/01 - Regular MeetingMayor L. Dennis Michael Mayor Pro Tem Lynne B. Kennedy Members of the City Council: Ryan A. Hutchison Kristine D. Scott CITY OF RANCHO CUCAMONGA REGULAR MEETING AGENDA June 1, 2022 10500 Civic Center Drive Rancho Cucamonga, CA 91730  FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL HOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLIC FINANCE AUTHORITY CLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M. REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. Live Broadcast available on Channel 3 (RCTV ­3). CLOSED SESSION – 4:30 P.M.   TRI­COMMUNITIES ROOM  ROLL CALL: Mayor Michael                         Mayor Pro Tem Kennedy                         Council Members Hutchison and Scott A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION D1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA) AND TEAMSTERS LOCAL 1932. – (CITY) D2.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) D3.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY) D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D5.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY) D6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA; CITY NEGOTIATING PARTIES: JOHN GILLISON, CITY MANAGER; ELISA COX, ASSISTANT CITY MANAGER AND FLAVIO NUNEZ, MANAGEMENT ANALYST; NEGOTIATING PARTIES: JULIAN F. TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – (CITY) D7.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY) D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHTOFWAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – (CITY) E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison and Scott A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of a Certificate of Sympathy in Memory of Retired California Fourth District Appellate Court Justice and Former Rancho Cucamonga City Council Member, Jeffrey King. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,853,188.14 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $6,637,278.83 Dated May 11, 2022 Through May 23, 2022. (CITY/FIRE) D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $1,232.20 Dated May 11, 2022, Through May 23, 2022 (CITY). No Checks issued to Southern California Gas for the Fire District. (CITY/FIRE) D3.Consideration to Receive and File Current Investment Schedules as of April 30, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D4.AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D5.Consideration to Receive and File the AB 1600 Development Impact Fee Report for the Fiscal Year Ended June 30, 2021. (CITY) D6.Consideration of the Purchase of One (1) Super Cab XL with Rear Seat Deleted, Utility Bed Truck in the Amount of $61,420.40. (CITY) D7.Consideration of a Professional Services Agreement with Able Building Maintenance for Window Cleaning Services in the amount of $96,000. (CITY/FIRE) D8.Consideration of Amendment No. 1 to the Cooperative Agreement (SBCTA Cooperative Agreement No. 20­1002316; City Contract No. CO2020­135) with the San Bernardino County Transportation Authority for Design and Construction of the 6th Street Cycle Track Project. (CITY) D9.Consideration of Amendment No. 05 to the Agreement with Pacific Utility Installation, Inc. (CO19­085) in the Amount of $4,352,485, plus a 15% Contingency for the Etiwanda Avenue and Sixth Street ­ Electric and Fiber Line Extension Project and Authorization of an Appropriation in the Amount of $4,694,400. (CITY) D10.Consideration of Amendment No. 6 to the Professional Services Agreement with Commercial Cleaning Systems (CO 17­141) for Citywide Janitorial Services in an Amount Not to Exceed $1,150,000 FY 2022/2023. (CITY) D11.Consideration of Amendment No. 8 to Contract CO 16­114 with EMCOR Services/Mesa Energy Systems for Citywide HVAC Maintenance and Repair Services in an Amount Not to Exceed $502,296 (City) and $77,770 (Fire). (CITY/FIRE) D12.Consideration to Adopt a Resolution Declaring Results of a Special Election in Community Facilities District No. 85­1, Annexation No. 22­1, and Ordering the Annexation of Such Property Located at 7878 East Avenue in Community Facilities District No. 85­1 (APN: 1100­191­04). (RESOLUTION NO. FD 2022­013) (FIRE) D13.Consideration of Resolution Approving the Annual Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire in the Amount of $181,970 for FY 2022­23. (RESOLUTION NO. FD 2022­012) (FIRE) D14.Consideration to Approve Tract Map 20334, Improvement Agreement, and Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No.7, and into Street Light Maintenance District No.1 and No.7, Located on the East Side of East Avenue and South of Banyan Street at 6179 East Avenue, Related to Case No’s. SUBTT20334 and DRC2020­00139. (RESOLUTION NO. 2022­057), (RESOLUTION NO. 2022­058), AND (RESOLUTION NO. 2022­059) (CITY) D15.Consideration to Adopt a Resolution Approving a Determination of Public Convenience or Necessity (DRC2022­00035): Located at 12730 Foothill Boulevard – Public Convenience or Necessity DRC2022­00035 – L’Auberge Bakery and Market ­ A Request for a Public Convenience or Necessity (PCN) Determination for Alcoholic Beverage Sales for Off­Site Consumption (Type­20 Off­Sale Beer and Wine) for a 5,543 Square Foot International Bakery and Market Located in the Community Commercial (CC) District and the Foothill Boulevard Overlay District of the Foothill Boulevard Specific Plan – APN: 1090­601­18. This Project is Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption – Existing Facilities). (RESOLUTION NO. 2022­056) (CITY) D16.Consideration of a Resolution Approving Master Agreement No. 08­5420S21 for Administration of State Grant Funding and Program Supplement Agreement No. 000000Z67 for Administration of State Highway Safety Improvement Program Grant Funds for the 2022 HSIP Traffic Signal Modifications at Various Locations Project with the California Department of Transportation and Authorizing the City Manager or Designee, to Approve and Execute Project Related Documents and Future Program Supplement Agreements. (RESOLUTION NO. 2022­060) (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT ADOPTING A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, ADOPTING AN ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF; ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A REVISED OFFICIAL ZONING MAP, AND MAKING FINDINGS PURSUANT TO CEQA; ORDINANCE NO. 1002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING THE ETIWANDA NORTH SPECIFIC PLAN, ETIWANDA SPECIFIC PLAN, ETIWANDA HIGHLANDS PLANNED COMMUNITY, TERRA VISTA PLANNED COMMUNITY AND VICTORIA PLANNED COMMUNITY AND AMENDING THE EMPIRE LAKES SPECIFIC PLAN TO AMEND THE BOUNDARIES OF THE PLAN AND RENAME THE PLAN TO THE RESORT SPECIFIC PLAN, AND MAKING FINDINGS PURSUANT TO CEQA. (CITY) E2.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.16.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO SALARIES FOR MAYOR AND MEMBERS OF THE CITY COUNCIL F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Consideration of Resolutions for the Formation of Community Facilities District No. 2022­01 and Community Facilities District No. 2022­02 as follows: (1) Resolutions for the Formation of Each; (2) Resolutions for Future Annexation of Territory for Each; (3) Resolutions to Conduct an Election of the Qualified Voters for Each; (4) Resolutions Declaring the Results of the Election for Each; and (5) Introduce Ordinances to Levy a Special Tax for Each. (RESOLUTIONS NOS. 2022­061, 2022­062, 2022­063, 2022­064, 2022­065, 2022­066, 2022­067 AND 2022­068) (ORDINANCE NOS. 1005 AND 1006) (CITY) G2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four­ fifths Vote, an Interim Urgency Ordinance Extending until June 30, 2022, an Interim Ordinance Adopting an Interim Development Code and Official City of Rancho Cucamonga Zoning Map, and Declaring the Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith. (URGENCY INTERIM ORDINANCE NO. 1004) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.Discussion of Options for the City Council District 1 Vacancy. (CITY) I2.Review and Possible Action on City Council Appointments to Standing Subcommittees and Other Regional Agencies due to District 1 Vacancy, including the Community Services Subcommittee, Technology & Communications Subcommittee, Community Parks and Landscape Citizen’s Oversight Committee, and Omnitrans. (CITY) I3.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I4.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Former Retired California Fourth District Appellate Court Justice and Former Rancho Cucamonga City Council Member, Jeffrey King. CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy​Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 1 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. Scott CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJune 1, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV ­3).CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison and ScottA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA) AND TEAMSTERS LOCAL 1932. – (CITY) D2.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) D3.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY) D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D5.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY) D6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA; CITY NEGOTIATING PARTIES: JOHN GILLISON, CITY MANAGER; ELISA COX, ASSISTANT CITY MANAGER AND FLAVIO NUNEZ, MANAGEMENT ANALYST; NEGOTIATING PARTIES: JULIAN F. TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – (CITY) D7.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY) D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHTOFWAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – (CITY) E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison and Scott A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of a Certificate of Sympathy in Memory of Retired California Fourth District Appellate Court Justice and Former Rancho Cucamonga City Council Member, Jeffrey King. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,853,188.14 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $6,637,278.83 Dated May 11, 2022 Through May 23, 2022. (CITY/FIRE) D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $1,232.20 Dated May 11, 2022, Through May 23, 2022 (CITY). No Checks issued to Southern California Gas for the Fire District. (CITY/FIRE) D3.Consideration to Receive and File Current Investment Schedules as of April 30, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D4.AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D5.Consideration to Receive and File the AB 1600 Development Impact Fee Report for the Fiscal Year Ended June 30, 2021. (CITY) D6.Consideration of the Purchase of One (1) Super Cab XL with Rear Seat Deleted, Utility Bed Truck in the Amount of $61,420.40. (CITY) D7.Consideration of a Professional Services Agreement with Able Building Maintenance for Window Cleaning Services in the amount of $96,000. (CITY/FIRE) D8.Consideration of Amendment No. 1 to the Cooperative Agreement (SBCTA Cooperative Agreement No. 20­1002316; City Contract No. CO2020­135) with the San Bernardino County Transportation Authority for Design and Construction of the 6th Street Cycle Track Project. (CITY) D9.Consideration of Amendment No. 05 to the Agreement with Pacific Utility Installation, Inc. (CO19­085) in the Amount of $4,352,485, plus a 15% Contingency for the Etiwanda Avenue and Sixth Street ­ Electric and Fiber Line Extension Project and Authorization of an Appropriation in the Amount of $4,694,400. (CITY) D10.Consideration of Amendment No. 6 to the Professional Services Agreement with Commercial Cleaning Systems (CO 17­141) for Citywide Janitorial Services in an Amount Not to Exceed $1,150,000 FY 2022/2023. (CITY) D11.Consideration of Amendment No. 8 to Contract CO 16­114 with EMCOR Services/Mesa Energy Systems for Citywide HVAC Maintenance and Repair Services in an Amount Not to Exceed $502,296 (City) and $77,770 (Fire). (CITY/FIRE) D12.Consideration to Adopt a Resolution Declaring Results of a Special Election in Community Facilities District No. 85­1, Annexation No. 22­1, and Ordering the Annexation of Such Property Located at 7878 East Avenue in Community Facilities District No. 85­1 (APN: 1100­191­04). (RESOLUTION NO. FD 2022­013) (FIRE) D13.Consideration of Resolution Approving the Annual Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire in the Amount of $181,970 for FY 2022­23. (RESOLUTION NO. FD 2022­012) (FIRE) D14.Consideration to Approve Tract Map 20334, Improvement Agreement, and Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No.7, and into Street Light Maintenance District No.1 and No.7, Located on the East Side of East Avenue and South of Banyan Street at 6179 East Avenue, Related to Case No’s. SUBTT20334 and DRC2020­00139. (RESOLUTION NO. 2022­057), (RESOLUTION NO. 2022­058), AND (RESOLUTION NO. 2022­059) (CITY) D15.Consideration to Adopt a Resolution Approving a Determination of Public Convenience or Necessity (DRC2022­00035): Located at 12730 Foothill Boulevard – Public Convenience or Necessity DRC2022­00035 – L’Auberge Bakery and Market ­ A Request for a Public Convenience or Necessity (PCN) Determination for Alcoholic Beverage Sales for Off­Site Consumption (Type­20 Off­Sale Beer and Wine) for a 5,543 Square Foot International Bakery and Market Located in the Community Commercial (CC) District and the Foothill Boulevard Overlay District of the Foothill Boulevard Specific Plan – APN: 1090­601­18. This Project is Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption – Existing Facilities). (RESOLUTION NO. 2022­056) (CITY) D16.Consideration of a Resolution Approving Master Agreement No. 08­5420S21 for Administration of State Grant Funding and Program Supplement Agreement No. 000000Z67 for Administration of State Highway Safety Improvement Program Grant Funds for the 2022 HSIP Traffic Signal Modifications at Various Locations Project with the California Department of Transportation and Authorizing the City Manager or Designee, to Approve and Execute Project Related Documents and Future Program Supplement Agreements. (RESOLUTION NO. 2022­060) (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT ADOPTING A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, ADOPTING AN ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF; ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A REVISED OFFICIAL ZONING MAP, AND MAKING FINDINGS PURSUANT TO CEQA; ORDINANCE NO. 1002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING THE ETIWANDA NORTH SPECIFIC PLAN, ETIWANDA SPECIFIC PLAN, ETIWANDA HIGHLANDS PLANNED COMMUNITY, TERRA VISTA PLANNED COMMUNITY AND VICTORIA PLANNED COMMUNITY AND AMENDING THE EMPIRE LAKES SPECIFIC PLAN TO AMEND THE BOUNDARIES OF THE PLAN AND RENAME THE PLAN TO THE RESORT SPECIFIC PLAN, AND MAKING FINDINGS PURSUANT TO CEQA. (CITY) E2.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.16.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO SALARIES FOR MAYOR AND MEMBERS OF THE CITY COUNCIL F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Consideration of Resolutions for the Formation of Community Facilities District No. 2022­01 and Community Facilities District No. 2022­02 as follows: (1) Resolutions for the Formation of Each; (2) Resolutions for Future Annexation of Territory for Each; (3) Resolutions to Conduct an Election of the Qualified Voters for Each; (4) Resolutions Declaring the Results of the Election for Each; and (5) Introduce Ordinances to Levy a Special Tax for Each. (RESOLUTIONS NOS. 2022­061, 2022­062, 2022­063, 2022­064, 2022­065, 2022­066, 2022­067 AND 2022­068) (ORDINANCE NOS. 1005 AND 1006) (CITY) G2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four­ fifths Vote, an Interim Urgency Ordinance Extending until June 30, 2022, an Interim Ordinance Adopting an Interim Development Code and Official City of Rancho Cucamonga Zoning Map, and Declaring the Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith. (URGENCY INTERIM ORDINANCE NO. 1004) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.Discussion of Options for the City Council District 1 Vacancy. (CITY) I2.Review and Possible Action on City Council Appointments to Standing Subcommittees and Other Regional Agencies due to District 1 Vacancy, including the Community Services Subcommittee, Technology & Communications Subcommittee, Community Parks and Landscape Citizen’s Oversight Committee, and Omnitrans. (CITY) I3.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I4.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Former Retired California Fourth District Appellate Court Justice and Former Rancho Cucamonga City Council Member, Jeffrey King. CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy​Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 2 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. Scott CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJune 1, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV ­3).CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison and ScottA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA) ANDTEAMSTERS LOCAL 1932. – (CITY)D2.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY)D3.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D5.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY)D6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA;CITY NEGOTIATING PARTIES: JOHN GILLISON, CITY MANAGER; ELISA COX, ASSISTANT CITYMANAGER AND FLAVIO NUNEZ, MANAGEMENT ANALYST; NEGOTIATING PARTIES: JULIAN F.TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OFPAYMENT. – (CITY)D7.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 5:20CV02506JGBSP – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINKSTATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 ANDCERTAIN ADJACENT RIGHTOFWAY INCLUDED WITHIN THE STATION FOOTPRINT; CITYNEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHOCUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTINGDESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:PRICE AND TERMS OF PAYMENT. – (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison and Scott A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of a Certificate of Sympathy in Memory of Retired California Fourth District Appellate Court Justice and Former Rancho Cucamonga City Council Member, Jeffrey King. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,853,188.14 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $6,637,278.83 Dated May 11, 2022 Through May 23, 2022. (CITY/FIRE) D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $1,232.20 Dated May 11, 2022, Through May 23, 2022 (CITY). No Checks issued to Southern California Gas for the Fire District. (CITY/FIRE) D3.Consideration to Receive and File Current Investment Schedules as of April 30, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D4.AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D5.Consideration to Receive and File the AB 1600 Development Impact Fee Report for the Fiscal Year Ended June 30, 2021. (CITY) D6.Consideration of the Purchase of One (1) Super Cab XL with Rear Seat Deleted, Utility Bed Truck in the Amount of $61,420.40. (CITY) D7.Consideration of a Professional Services Agreement with Able Building Maintenance for Window Cleaning Services in the amount of $96,000. (CITY/FIRE) D8.Consideration of Amendment No. 1 to the Cooperative Agreement (SBCTA Cooperative Agreement No. 20­1002316; City Contract No. CO2020­135) with the San Bernardino County Transportation Authority for Design and Construction of the 6th Street Cycle Track Project. (CITY) D9.Consideration of Amendment No. 05 to the Agreement with Pacific Utility Installation, Inc. (CO19­085) in the Amount of $4,352,485, plus a 15% Contingency for the Etiwanda Avenue and Sixth Street ­ Electric and Fiber Line Extension Project and Authorization of an Appropriation in the Amount of $4,694,400. (CITY) D10.Consideration of Amendment No. 6 to the Professional Services Agreement with Commercial Cleaning Systems (CO 17­141) for Citywide Janitorial Services in an Amount Not to Exceed $1,150,000 FY 2022/2023. (CITY) D11.Consideration of Amendment No. 8 to Contract CO 16­114 with EMCOR Services/Mesa Energy Systems for Citywide HVAC Maintenance and Repair Services in an Amount Not to Exceed $502,296 (City) and $77,770 (Fire). (CITY/FIRE) D12.Consideration to Adopt a Resolution Declaring Results of a Special Election in Community Facilities District No. 85­1, Annexation No. 22­1, and Ordering the Annexation of Such Property Located at 7878 East Avenue in Community Facilities District No. 85­1 (APN: 1100­191­04). (RESOLUTION NO. FD 2022­013) (FIRE) D13.Consideration of Resolution Approving the Annual Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire in the Amount of $181,970 for FY 2022­23. (RESOLUTION NO. FD 2022­012) (FIRE) D14.Consideration to Approve Tract Map 20334, Improvement Agreement, and Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No.7, and into Street Light Maintenance District No.1 and No.7, Located on the East Side of East Avenue and South of Banyan Street at 6179 East Avenue, Related to Case No’s. SUBTT20334 and DRC2020­00139. (RESOLUTION NO. 2022­057), (RESOLUTION NO. 2022­058), AND (RESOLUTION NO. 2022­059) (CITY) D15.Consideration to Adopt a Resolution Approving a Determination of Public Convenience or Necessity (DRC2022­00035): Located at 12730 Foothill Boulevard – Public Convenience or Necessity DRC2022­00035 – L’Auberge Bakery and Market ­ A Request for a Public Convenience or Necessity (PCN) Determination for Alcoholic Beverage Sales for Off­Site Consumption (Type­20 Off­Sale Beer and Wine) for a 5,543 Square Foot International Bakery and Market Located in the Community Commercial (CC) District and the Foothill Boulevard Overlay District of the Foothill Boulevard Specific Plan – APN: 1090­601­18. This Project is Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption – Existing Facilities). (RESOLUTION NO. 2022­056) (CITY) D16.Consideration of a Resolution Approving Master Agreement No. 08­5420S21 for Administration of State Grant Funding and Program Supplement Agreement No. 000000Z67 for Administration of State Highway Safety Improvement Program Grant Funds for the 2022 HSIP Traffic Signal Modifications at Various Locations Project with the California Department of Transportation and Authorizing the City Manager or Designee, to Approve and Execute Project Related Documents and Future Program Supplement Agreements. (RESOLUTION NO. 2022­060) (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT ADOPTING A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, ADOPTING AN ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF; ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A REVISED OFFICIAL ZONING MAP, AND MAKING FINDINGS PURSUANT TO CEQA; ORDINANCE NO. 1002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING THE ETIWANDA NORTH SPECIFIC PLAN, ETIWANDA SPECIFIC PLAN, ETIWANDA HIGHLANDS PLANNED COMMUNITY, TERRA VISTA PLANNED COMMUNITY AND VICTORIA PLANNED COMMUNITY AND AMENDING THE EMPIRE LAKES SPECIFIC PLAN TO AMEND THE BOUNDARIES OF THE PLAN AND RENAME THE PLAN TO THE RESORT SPECIFIC PLAN, AND MAKING FINDINGS PURSUANT TO CEQA. (CITY) E2.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.16.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO SALARIES FOR MAYOR AND MEMBERS OF THE CITY COUNCIL F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Consideration of Resolutions for the Formation of Community Facilities District No. 2022­01 and Community Facilities District No. 2022­02 as follows: (1) Resolutions for the Formation of Each; (2) Resolutions for Future Annexation of Territory for Each; (3) Resolutions to Conduct an Election of the Qualified Voters for Each; (4) Resolutions Declaring the Results of the Election for Each; and (5) Introduce Ordinances to Levy a Special Tax for Each. (RESOLUTIONS NOS. 2022­061, 2022­062, 2022­063, 2022­064, 2022­065, 2022­066, 2022­067 AND 2022­068) (ORDINANCE NOS. 1005 AND 1006) (CITY) G2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four­ fifths Vote, an Interim Urgency Ordinance Extending until June 30, 2022, an Interim Ordinance Adopting an Interim Development Code and Official City of Rancho Cucamonga Zoning Map, and Declaring the Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith. (URGENCY INTERIM ORDINANCE NO. 1004) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.Discussion of Options for the City Council District 1 Vacancy. (CITY) I2.Review and Possible Action on City Council Appointments to Standing Subcommittees and Other Regional Agencies due to District 1 Vacancy, including the Community Services Subcommittee, Technology & Communications Subcommittee, Community Parks and Landscape Citizen’s Oversight Committee, and Omnitrans. (CITY) I3.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I4.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Former Retired California Fourth District Appellate Court Justice and Former Rancho Cucamonga City Council Member, Jeffrey King. CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy​Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 3 --- MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. Scott CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJune 1, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV ­3).CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison and ScottA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA) ANDTEAMSTERS LOCAL 1932. – (CITY)D2.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY)D3.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D5.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY)D6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA;CITY NEGOTIATING PARTIES: JOHN GILLISON, CITY MANAGER; ELISA COX, ASSISTANT CITYMANAGER AND FLAVIO NUNEZ, MANAGEMENT ANALYST; NEGOTIATING PARTIES: JULIAN F.TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OFPAYMENT. – (CITY)D7.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 5:20CV02506JGBSP – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINKSTATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 ANDCERTAIN ADJACENT RIGHTOFWAY INCLUDED WITHIN THE STATION FOOTPRINT; CITYNEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHOCUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTINGDESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:PRICE AND TERMS OF PAYMENT. – (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison and ScottA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of a Certificate of Sympathy in Memory of Retired California Fourth District AppellateCourt Justice and Former Rancho Cucamonga City Council Member, Jeffrey King.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,853,188.14 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $6,637,278.83 Dated May 11, 2022 Through May 23, 2022. (CITY/FIRE) D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $1,232.20 Dated May 11, 2022, Through May 23, 2022 (CITY). No Checks issued to Southern California Gas for the Fire District. (CITY/FIRE) D3.Consideration to Receive and File Current Investment Schedules as of April 30, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D4.AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D5.Consideration to Receive and File the AB 1600 Development Impact Fee Report for the Fiscal Year Ended June 30, 2021. (CITY) D6.Consideration of the Purchase of One (1) Super Cab XL with Rear Seat Deleted, Utility Bed Truck in the Amount of $61,420.40. (CITY) D7.Consideration of a Professional Services Agreement with Able Building Maintenance for Window Cleaning Services in the amount of $96,000. (CITY/FIRE) D8.Consideration of Amendment No. 1 to the Cooperative Agreement (SBCTA Cooperative Agreement No. 20­1002316; City Contract No. CO2020­135) with the San Bernardino County Transportation Authority for Design and Construction of the 6th Street Cycle Track Project. (CITY) D9.Consideration of Amendment No. 05 to the Agreement with Pacific Utility Installation, Inc. (CO19­085) in the Amount of $4,352,485, plus a 15% Contingency for the Etiwanda Avenue and Sixth Street ­ Electric and Fiber Line Extension Project and Authorization of an Appropriation in the Amount of $4,694,400. (CITY) D10.Consideration of Amendment No. 6 to the Professional Services Agreement with Commercial Cleaning Systems (CO 17­141) for Citywide Janitorial Services in an Amount Not to Exceed $1,150,000 FY 2022/2023. (CITY) D11.Consideration of Amendment No. 8 to Contract CO 16­114 with EMCOR Services/Mesa Energy Systems for Citywide HVAC Maintenance and Repair Services in an Amount Not to Exceed $502,296 (City) and $77,770 (Fire). (CITY/FIRE) D12.Consideration to Adopt a Resolution Declaring Results of a Special Election in Community Facilities District No. 85­1, Annexation No. 22­1, and Ordering the Annexation of Such Property Located at 7878 East Avenue in Community Facilities District No. 85­1 (APN: 1100­191­04). (RESOLUTION NO. FD 2022­013) (FIRE) D13.Consideration of Resolution Approving the Annual Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire in the Amount of $181,970 for FY 2022­23. (RESOLUTION NO. FD 2022­012) (FIRE) D14.Consideration to Approve Tract Map 20334, Improvement Agreement, and Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No.7, and into Street Light Maintenance District No.1 and No.7, Located on the East Side of East Avenue and South of Banyan Street at 6179 East Avenue, Related to Case No’s. SUBTT20334 and DRC2020­00139. (RESOLUTION NO. 2022­057), (RESOLUTION NO. 2022­058), AND (RESOLUTION NO. 2022­059) (CITY) D15.Consideration to Adopt a Resolution Approving a Determination of Public Convenience or Necessity (DRC2022­00035): Located at 12730 Foothill Boulevard – Public Convenience or Necessity DRC2022­00035 – L’Auberge Bakery and Market ­ A Request for a Public Convenience or Necessity (PCN) Determination for Alcoholic Beverage Sales for Off­Site Consumption (Type­20 Off­Sale Beer and Wine) for a 5,543 Square Foot International Bakery and Market Located in the Community Commercial (CC) District and the Foothill Boulevard Overlay District of the Foothill Boulevard Specific Plan – APN: 1090­601­18. This Project is Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption – Existing Facilities). (RESOLUTION NO. 2022­056) (CITY) D16.Consideration of a Resolution Approving Master Agreement No. 08­5420S21 for Administration of State Grant Funding and Program Supplement Agreement No. 000000Z67 for Administration of State Highway Safety Improvement Program Grant Funds for the 2022 HSIP Traffic Signal Modifications at Various Locations Project with the California Department of Transportation and Authorizing the City Manager or Designee, to Approve and Execute Project Related Documents and Future Program Supplement Agreements. (RESOLUTION NO. 2022­060) (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT ADOPTING A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, ADOPTING AN ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF; ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A REVISED OFFICIAL ZONING MAP, AND MAKING FINDINGS PURSUANT TO CEQA; ORDINANCE NO. 1002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING THE ETIWANDA NORTH SPECIFIC PLAN, ETIWANDA SPECIFIC PLAN, ETIWANDA HIGHLANDS PLANNED COMMUNITY, TERRA VISTA PLANNED COMMUNITY AND VICTORIA PLANNED COMMUNITY AND AMENDING THE EMPIRE LAKES SPECIFIC PLAN TO AMEND THE BOUNDARIES OF THE PLAN AND RENAME THE PLAN TO THE RESORT SPECIFIC PLAN, AND MAKING FINDINGS PURSUANT TO CEQA. (CITY) E2.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.16.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO SALARIES FOR MAYOR AND MEMBERS OF THE CITY COUNCIL F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Consideration of Resolutions for the Formation of Community Facilities District No. 2022­01 and Community Facilities District No. 2022­02 as follows: (1) Resolutions for the Formation of Each; (2) Resolutions for Future Annexation of Territory for Each; (3) Resolutions to Conduct an Election of the Qualified Voters for Each; (4) Resolutions Declaring the Results of the Election for Each; and (5) Introduce Ordinances to Levy a Special Tax for Each. (RESOLUTIONS NOS. 2022­061, 2022­062, 2022­063, 2022­064, 2022­065, 2022­066, 2022­067 AND 2022­068) (ORDINANCE NOS. 1005 AND 1006) (CITY) G2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four­ fifths Vote, an Interim Urgency Ordinance Extending until June 30, 2022, an Interim Ordinance Adopting an Interim Development Code and Official City of Rancho Cucamonga Zoning Map, and Declaring the Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith. (URGENCY INTERIM ORDINANCE NO. 1004) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.Discussion of Options for the City Council District 1 Vacancy. (CITY) I2.Review and Possible Action on City Council Appointments to Standing Subcommittees and Other Regional Agencies due to District 1 Vacancy, including the Community Services Subcommittee, Technology & Communications Subcommittee, Community Parks and Landscape Citizen’s Oversight Committee, and Omnitrans. (CITY) I3.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I4.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Former Retired California Fourth District Appellate Court Justice and Former Rancho Cucamonga City Council Member, Jeffrey King. CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy​Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 4 8 16 18 69 71 95 97 99 106 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. Scott CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJune 1, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV ­3).CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison and ScottA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA) ANDTEAMSTERS LOCAL 1932. – (CITY)D2.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY)D3.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D5.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY)D6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA;CITY NEGOTIATING PARTIES: JOHN GILLISON, CITY MANAGER; ELISA COX, ASSISTANT CITYMANAGER AND FLAVIO NUNEZ, MANAGEMENT ANALYST; NEGOTIATING PARTIES: JULIAN F.TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OFPAYMENT. – (CITY)D7.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 5:20CV02506JGBSP – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINKSTATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 ANDCERTAIN ADJACENT RIGHTOFWAY INCLUDED WITHIN THE STATION FOOTPRINT; CITYNEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHOCUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTINGDESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:PRICE AND TERMS OF PAYMENT. – (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison and ScottA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of a Certificate of Sympathy in Memory of Retired California Fourth District AppellateCourt Justice and Former Rancho Cucamonga City Council Member, Jeffrey King.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of$1,853,188.14 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $6,637,278.83 Dated May 11, 2022Through May 23, 2022. (CITY/FIRE)D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $1,232.20 Dated May 11, 2022,Through May 23, 2022 (CITY). No Checks issued to Southern California Gas for the FireDistrict. (CITY/FIRE)D3.Consideration to Receive and File Current Investment Schedules as of April 30, 2022 for theCity of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)D4.AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)D5.Consideration to Receive and File the AB 1600 Development Impact Fee Report for the FiscalYear Ended June 30, 2021. (CITY)D6.Consideration of the Purchase of One (1) Super Cab XL with Rear Seat Deleted, Utility BedTruck in the Amount of $61,420.40. (CITY)D7.Consideration of a Professional Services Agreement with Able Building Maintenance forWindow Cleaning Services in the amount of $96,000. (CITY/FIRE)D8.Consideration of Amendment No. 1 to the Cooperative Agreement (SBCTA CooperativeAgreement No. 20­1002316; City Contract No. CO2020­135) with the San Bernardino CountyTransportation Authority for Design and Construction of the 6th Street Cycle Track Project.(CITY)D9.Consideration of Amendment No. 05 to the Agreement with Pacific Utility Installation, Inc.(CO19­085) in the Amount of $4,352,485, plus a 15% Contingency for the Etiwanda Avenue and Sixth Street ­ Electric and Fiber Line Extension Project and Authorization of an Appropriation in the Amount of $4,694,400. (CITY) D10.Consideration of Amendment No. 6 to the Professional Services Agreement with Commercial Cleaning Systems (CO 17­141) for Citywide Janitorial Services in an Amount Not to Exceed $1,150,000 FY 2022/2023. (CITY) D11.Consideration of Amendment No. 8 to Contract CO 16­114 with EMCOR Services/Mesa Energy Systems for Citywide HVAC Maintenance and Repair Services in an Amount Not to Exceed $502,296 (City) and $77,770 (Fire). (CITY/FIRE) D12.Consideration to Adopt a Resolution Declaring Results of a Special Election in Community Facilities District No. 85­1, Annexation No. 22­1, and Ordering the Annexation of Such Property Located at 7878 East Avenue in Community Facilities District No. 85­1 (APN: 1100­191­04). (RESOLUTION NO. FD 2022­013) (FIRE) D13.Consideration of Resolution Approving the Annual Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire in the Amount of $181,970 for FY 2022­23. (RESOLUTION NO. FD 2022­012) (FIRE) D14.Consideration to Approve Tract Map 20334, Improvement Agreement, and Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No.7, and into Street Light Maintenance District No.1 and No.7, Located on the East Side of East Avenue and South of Banyan Street at 6179 East Avenue, Related to Case No’s. SUBTT20334 and DRC2020­00139. (RESOLUTION NO. 2022­057), (RESOLUTION NO. 2022­058), AND (RESOLUTION NO. 2022­059) (CITY) D15.Consideration to Adopt a Resolution Approving a Determination of Public Convenience or Necessity (DRC2022­00035): Located at 12730 Foothill Boulevard – Public Convenience or Necessity DRC2022­00035 – L’Auberge Bakery and Market ­ A Request for a Public Convenience or Necessity (PCN) Determination for Alcoholic Beverage Sales for Off­Site Consumption (Type­20 Off­Sale Beer and Wine) for a 5,543 Square Foot International Bakery and Market Located in the Community Commercial (CC) District and the Foothill Boulevard Overlay District of the Foothill Boulevard Specific Plan – APN: 1090­601­18. This Project is Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption – Existing Facilities). (RESOLUTION NO. 2022­056) (CITY) D16.Consideration of a Resolution Approving Master Agreement No. 08­5420S21 for Administration of State Grant Funding and Program Supplement Agreement No. 000000Z67 for Administration of State Highway Safety Improvement Program Grant Funds for the 2022 HSIP Traffic Signal Modifications at Various Locations Project with the California Department of Transportation and Authorizing the City Manager or Designee, to Approve and Execute Project Related Documents and Future Program Supplement Agreements. (RESOLUTION NO. 2022­060) (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT ADOPTING A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, ADOPTING AN ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF; ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A REVISED OFFICIAL ZONING MAP, AND MAKING FINDINGS PURSUANT TO CEQA; ORDINANCE NO. 1002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING THE ETIWANDA NORTH SPECIFIC PLAN, ETIWANDA SPECIFIC PLAN, ETIWANDA HIGHLANDS PLANNED COMMUNITY, TERRA VISTA PLANNED COMMUNITY AND VICTORIA PLANNED COMMUNITY AND AMENDING THE EMPIRE LAKES SPECIFIC PLAN TO AMEND THE BOUNDARIES OF THE PLAN AND RENAME THE PLAN TO THE RESORT SPECIFIC PLAN, AND MAKING FINDINGS PURSUANT TO CEQA. (CITY) E2.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.16.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO SALARIES FOR MAYOR AND MEMBERS OF THE CITY COUNCIL F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Consideration of Resolutions for the Formation of Community Facilities District No. 2022­01 and Community Facilities District No. 2022­02 as follows: (1) Resolutions for the Formation of Each; (2) Resolutions for Future Annexation of Territory for Each; (3) Resolutions to Conduct an Election of the Qualified Voters for Each; (4) Resolutions Declaring the Results of the Election for Each; and (5) Introduce Ordinances to Levy a Special Tax for Each. (RESOLUTIONS NOS. 2022­061, 2022­062, 2022­063, 2022­064, 2022­065, 2022­066, 2022­067 AND 2022­068) (ORDINANCE NOS. 1005 AND 1006) (CITY) G2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four­ fifths Vote, an Interim Urgency Ordinance Extending until June 30, 2022, an Interim Ordinance Adopting an Interim Development Code and Official City of Rancho Cucamonga Zoning Map, and Declaring the Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith. (URGENCY INTERIM ORDINANCE NO. 1004) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.Discussion of Options for the City Council District 1 Vacancy. (CITY) I2.Review and Possible Action on City Council Appointments to Standing Subcommittees and Other Regional Agencies due to District 1 Vacancy, including the Community Services Subcommittee, Technology & Communications Subcommittee, Community Parks and Landscape Citizen’s Oversight Committee, and Omnitrans. (CITY) I3.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I4.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Former Retired California Fourth District Appellate Court Justice and Former Rancho Cucamonga City Council Member, Jeffrey King. CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy​Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 5 108 110 112 117 121 139 153 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. Scott CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJune 1, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV ­3).CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison and ScottA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA) ANDTEAMSTERS LOCAL 1932. – (CITY)D2.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY)D3.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D5.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY)D6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA;CITY NEGOTIATING PARTIES: JOHN GILLISON, CITY MANAGER; ELISA COX, ASSISTANT CITYMANAGER AND FLAVIO NUNEZ, MANAGEMENT ANALYST; NEGOTIATING PARTIES: JULIAN F.TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OFPAYMENT. – (CITY)D7.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 5:20CV02506JGBSP – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINKSTATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 ANDCERTAIN ADJACENT RIGHTOFWAY INCLUDED WITHIN THE STATION FOOTPRINT; CITYNEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHOCUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTINGDESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:PRICE AND TERMS OF PAYMENT. – (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison and ScottA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of a Certificate of Sympathy in Memory of Retired California Fourth District AppellateCourt Justice and Former Rancho Cucamonga City Council Member, Jeffrey King.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of$1,853,188.14 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $6,637,278.83 Dated May 11, 2022Through May 23, 2022. (CITY/FIRE)D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $1,232.20 Dated May 11, 2022,Through May 23, 2022 (CITY). No Checks issued to Southern California Gas for the FireDistrict. (CITY/FIRE)D3.Consideration to Receive and File Current Investment Schedules as of April 30, 2022 for theCity of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)D4.AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)D5.Consideration to Receive and File the AB 1600 Development Impact Fee Report for the FiscalYear Ended June 30, 2021. (CITY)D6.Consideration of the Purchase of One (1) Super Cab XL with Rear Seat Deleted, Utility BedTruck in the Amount of $61,420.40. (CITY)D7.Consideration of a Professional Services Agreement with Able Building Maintenance forWindow Cleaning Services in the amount of $96,000. (CITY/FIRE)D8.Consideration of Amendment No. 1 to the Cooperative Agreement (SBCTA CooperativeAgreement No. 20­1002316; City Contract No. CO2020­135) with the San Bernardino CountyTransportation Authority for Design and Construction of the 6th Street Cycle Track Project.(CITY)D9.Consideration of Amendment No. 05 to the Agreement with Pacific Utility Installation, Inc.(CO19­085) in the Amount of $4,352,485, plus a 15% Contingency for the Etiwanda Avenueand Sixth Street ­ Electric and Fiber Line Extension Project and Authorization of anAppropriation in the Amount of $4,694,400. (CITY)D10.Consideration of Amendment No. 6 to the Professional Services Agreement with CommercialCleaning Systems (CO 17­141) for Citywide Janitorial Services in an Amount Not to Exceed$1,150,000 FY 2022/2023. (CITY)D11.Consideration of Amendment No. 8 to Contract CO 16­114 with EMCOR Services/MesaEnergy Systems for Citywide HVAC Maintenance and Repair Services in an Amount Not toExceed $502,296 (City) and $77,770 (Fire). (CITY/FIRE)D12.Consideration to Adopt a Resolution Declaring Results of a Special Election in CommunityFacilities District No. 85­1, Annexation No. 22­1, and Ordering the Annexation of Such PropertyLocated at 7878 East Avenue in Community Facilities District No. 85­1 (APN: 1100­191­04).(RESOLUTION NO. FD 2022­013) (FIRE)D13.Consideration of Resolution Approving the Annual Local Responsibility Area WildlandProtection Agreement with the California Department of Forestry and Fire in the Amount of$181,970 for FY 2022­23. (RESOLUTION NO. FD 2022­012) (FIRE)D14.Consideration to Approve Tract Map 20334, Improvement Agreement, and ImprovementSecurities, and Resolutions Ordering the Annexation into Landscape Maintenance DistrictNo.7, and into Street Light Maintenance District No.1 and No.7, Located on the East Side ofEast Avenue and South of Banyan Street at 6179 East Avenue, Related to Case No’s.SUBTT20334 and DRC2020­00139. (RESOLUTION NO. 2022­057), (RESOLUTION NO.2022­058), AND (RESOLUTION NO. 2022­059) (CITY)D15.Consideration to Adopt a Resolution Approving a Determination of Public Convenience orNecessity (DRC2022­00035): Located at 12730 Foothill Boulevard – Public Convenience orNecessity DRC2022­00035 – L’Auberge Bakery and Market ­ A Request for a PublicConvenience or Necessity (PCN) Determination for Alcoholic Beverage Sales for Off­SiteConsumption (Type­20 Off­Sale Beer and Wine) for a 5,543 Square Foot International Bakeryand Market Located in the Community Commercial (CC) District and the Foothill BoulevardOverlay District of the Foothill Boulevard Specific Plan – APN: 1090­601­18. This Project isCategorically Exempt from the Requirements of the California Environmental Quality Act(CEQA) Pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption – ExistingFacilities). (RESOLUTION NO. 2022­056) (CITY)D16.Consideration of a Resolution Approving Master Agreement No. 08­5420S21 forAdministration of State Grant Funding and Program Supplement Agreement No. 000000Z67for Administration of State Highway Safety Improvement Program Grant Funds for the 2022HSIP Traffic Signal Modifications at Various Locations Project with the California Departmentof Transportation and Authorizing the City Manager or Designee, to Approve and Execute Project Related Documents and Future Program Supplement Agreements. (RESOLUTION NO. 2022­060) (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT ADOPTING A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, ADOPTING AN ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF; ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A REVISED OFFICIAL ZONING MAP, AND MAKING FINDINGS PURSUANT TO CEQA; ORDINANCE NO. 1002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING THE ETIWANDA NORTH SPECIFIC PLAN, ETIWANDA SPECIFIC PLAN, ETIWANDA HIGHLANDS PLANNED COMMUNITY, TERRA VISTA PLANNED COMMUNITY AND VICTORIA PLANNED COMMUNITY AND AMENDING THE EMPIRE LAKES SPECIFIC PLAN TO AMEND THE BOUNDARIES OF THE PLAN AND RENAME THE PLAN TO THE RESORT SPECIFIC PLAN, AND MAKING FINDINGS PURSUANT TO CEQA. (CITY) E2.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.16.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO SALARIES FOR MAYOR AND MEMBERS OF THE CITY COUNCIL F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Consideration of Resolutions for the Formation of Community Facilities District No. 2022­01 and Community Facilities District No. 2022­02 as follows: (1) Resolutions for the Formation of Each; (2) Resolutions for Future Annexation of Territory for Each; (3) Resolutions to Conduct an Election of the Qualified Voters for Each; (4) Resolutions Declaring the Results of the Election for Each; and (5) Introduce Ordinances to Levy a Special Tax for Each. (RESOLUTIONS NOS. 2022­061, 2022­062, 2022­063, 2022­064, 2022­065, 2022­066, 2022­067 AND 2022­068) (ORDINANCE NOS. 1005 AND 1006) (CITY) G2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four­ fifths Vote, an Interim Urgency Ordinance Extending until June 30, 2022, an Interim Ordinance Adopting an Interim Development Code and Official City of Rancho Cucamonga Zoning Map, and Declaring the Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith. (URGENCY INTERIM ORDINANCE NO. 1004) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.Discussion of Options for the City Council District 1 Vacancy. (CITY) I2.Review and Possible Action on City Council Appointments to Standing Subcommittees and Other Regional Agencies due to District 1 Vacancy, including the Community Services Subcommittee, Technology & Communications Subcommittee, Community Parks and Landscape Citizen’s Oversight Committee, and Omnitrans. (CITY) I3.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I4.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Former Retired California Fourth District Appellate Court Justice and Former Rancho Cucamonga City Council Member, Jeffrey King. CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy​Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 6 175 210 213 338 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. Scott CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJune 1, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV ­3).CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison and ScottA. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA) ANDTEAMSTERS LOCAL 1932. – (CITY)D2.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY)D3.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D5.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY)D6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA;CITY NEGOTIATING PARTIES: JOHN GILLISON, CITY MANAGER; ELISA COX, ASSISTANT CITYMANAGER AND FLAVIO NUNEZ, MANAGEMENT ANALYST; NEGOTIATING PARTIES: JULIAN F.TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OFPAYMENT. – (CITY)D7.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 5:20CV02506JGBSP – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINKSTATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 ANDCERTAIN ADJACENT RIGHTOFWAY INCLUDED WITHIN THE STATION FOOTPRINT; CITYNEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHOCUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTINGDESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:PRICE AND TERMS OF PAYMENT. – (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison and ScottA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of a Certificate of Sympathy in Memory of Retired California Fourth District AppellateCourt Justice and Former Rancho Cucamonga City Council Member, Jeffrey King.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of$1,853,188.14 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $6,637,278.83 Dated May 11, 2022Through May 23, 2022. (CITY/FIRE)D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $1,232.20 Dated May 11, 2022,Through May 23, 2022 (CITY). No Checks issued to Southern California Gas for the FireDistrict. (CITY/FIRE)D3.Consideration to Receive and File Current Investment Schedules as of April 30, 2022 for theCity of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)D4.AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)D5.Consideration to Receive and File the AB 1600 Development Impact Fee Report for the FiscalYear Ended June 30, 2021. (CITY)D6.Consideration of the Purchase of One (1) Super Cab XL with Rear Seat Deleted, Utility BedTruck in the Amount of $61,420.40. (CITY)D7.Consideration of a Professional Services Agreement with Able Building Maintenance forWindow Cleaning Services in the amount of $96,000. (CITY/FIRE)D8.Consideration of Amendment No. 1 to the Cooperative Agreement (SBCTA CooperativeAgreement No. 20­1002316; City Contract No. CO2020­135) with the San Bernardino CountyTransportation Authority for Design and Construction of the 6th Street Cycle Track Project.(CITY)D9.Consideration of Amendment No. 05 to the Agreement with Pacific Utility Installation, Inc.(CO19­085) in the Amount of $4,352,485, plus a 15% Contingency for the Etiwanda Avenueand Sixth Street ­ Electric and Fiber Line Extension Project and Authorization of anAppropriation in the Amount of $4,694,400. (CITY)D10.Consideration of Amendment No. 6 to the Professional Services Agreement with CommercialCleaning Systems (CO 17­141) for Citywide Janitorial Services in an Amount Not to Exceed$1,150,000 FY 2022/2023. (CITY)D11.Consideration of Amendment No. 8 to Contract CO 16­114 with EMCOR Services/MesaEnergy Systems for Citywide HVAC Maintenance and Repair Services in an Amount Not toExceed $502,296 (City) and $77,770 (Fire). (CITY/FIRE)D12.Consideration to Adopt a Resolution Declaring Results of a Special Election in CommunityFacilities District No. 85­1, Annexation No. 22­1, and Ordering the Annexation of Such PropertyLocated at 7878 East Avenue in Community Facilities District No. 85­1 (APN: 1100­191­04).(RESOLUTION NO. FD 2022­013) (FIRE)D13.Consideration of Resolution Approving the Annual Local Responsibility Area WildlandProtection Agreement with the California Department of Forestry and Fire in the Amount of$181,970 for FY 2022­23. (RESOLUTION NO. FD 2022­012) (FIRE)D14.Consideration to Approve Tract Map 20334, Improvement Agreement, and ImprovementSecurities, and Resolutions Ordering the Annexation into Landscape Maintenance DistrictNo.7, and into Street Light Maintenance District No.1 and No.7, Located on the East Side ofEast Avenue and South of Banyan Street at 6179 East Avenue, Related to Case No’s.SUBTT20334 and DRC2020­00139. (RESOLUTION NO. 2022­057), (RESOLUTION NO.2022­058), AND (RESOLUTION NO. 2022­059) (CITY)D15.Consideration to Adopt a Resolution Approving a Determination of Public Convenience orNecessity (DRC2022­00035): Located at 12730 Foothill Boulevard – Public Convenience orNecessity DRC2022­00035 – L’Auberge Bakery and Market ­ A Request for a PublicConvenience or Necessity (PCN) Determination for Alcoholic Beverage Sales for Off­SiteConsumption (Type­20 Off­Sale Beer and Wine) for a 5,543 Square Foot International Bakeryand Market Located in the Community Commercial (CC) District and the Foothill BoulevardOverlay District of the Foothill Boulevard Specific Plan – APN: 1090­601­18. This Project isCategorically Exempt from the Requirements of the California Environmental Quality Act(CEQA) Pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption – ExistingFacilities). (RESOLUTION NO. 2022­056) (CITY)D16.Consideration of a Resolution Approving Master Agreement No. 08­5420S21 forAdministration of State Grant Funding and Program Supplement Agreement No. 000000Z67for Administration of State Highway Safety Improvement Program Grant Funds for the 2022HSIP Traffic Signal Modifications at Various Locations Project with the California Departmentof Transportation and Authorizing the City Manager or Designee, to Approve and ExecuteProject Related Documents and Future Program Supplement Agreements. (RESOLUTIONNO. 2022­060) (CITY)E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTIONE1.Consideration of Second Reading and Adoption of the Following:ORDINANCE NO. 1000AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL CODEAMENDMENT ADOPTING A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, ADOPTING AN ADDENDUM TOTHE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTALQUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF;ORDINANCE NO. 1001AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A REVISED OFFICIALZONING MAP, AND MAKING FINDINGS PURSUANT TO CEQA;ORDINANCE NO. 1002AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING THEETIWANDA NORTH SPECIFIC PLAN, ETIWANDA SPECIFIC PLAN, ETIWANDA HIGHLANDS PLANNED COMMUNITY, TERRAVISTA PLANNED COMMUNITY AND VICTORIA PLANNED COMMUNITY AND AMENDING THE EMPIRE LAKES SPECIFICPLAN TO AMEND THE BOUNDARIES OF THE PLAN AND RENAME THE PLAN TO THE RESORT SPECIFIC PLAN, ANDMAKING FINDINGS PURSUANT TO CEQA. (CITY)E2.Consideration of Second Reading and Adoption of the Following:ORDINANCE NO. 1003AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION2.16.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO SALARIES FOR MAYOR AND MEMBERS OFTHE CITY COUNCILF. ADMINISTRATIVE HEARING ITEM(S)G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICTG1.Consideration of Resolutions for the Formation of Community Facilities District No. 2022­01 andCommunity Facilities District No. 2022­02 as follows: (1) Resolutions for the Formation of Each; (2)Resolutions for Future Annexation of Territory for Each; (3) Resolutions to Conduct an Election of theQualified Voters for Each; (4) Resolutions Declaring the Results of the Election for Each; and (5)Introduce Ordinances to Levy a Special Tax for Each. (RESOLUTIONS NOS. 2022­061, 2022­062,2022­063, 2022­064, 2022­065, 2022­066, 2022­067 AND 2022­068) (ORDINANCE NOS. 1005 AND1006) (CITY)G2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four­fifths Vote, an Interim Urgency Ordinance Extending until June 30, 2022, an Interim OrdinanceAdopting an Interim Development Code and Official City of Rancho Cucamonga Zoning Map, andDeclaring the Urgency Thereof, and Approving an Addendum to a Certified Final EnvironmentalImpact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) inConnection Therewith. (URGENCY INTERIM ORDINANCE NO. 1004) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.Discussion of Options for the City Council District 1 Vacancy. (CITY) I2.Review and Possible Action on City Council Appointments to Standing Subcommittees and Other Regional Agencies due to District 1 Vacancy, including the Community Services Subcommittee, Technology & Communications Subcommittee, Community Parks and Landscape Citizen’s Oversight Committee, and Omnitrans. (CITY) I3.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I4.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Former Retired California Fourth District Appellate Court Justice and Former Rancho Cucamonga City Council Member, Jeffrey King. CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy​Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 7 369 371 --- DATE:June 1, 2022 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Tamara L. Oatman, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,853,188.14 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $6,637,278.83 Dated May 11, 2022 Through May 23, 2022. (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council/Board of Directors of the Fire Protection District to approve payment of demands as presented. Bi-weekly payroll is $1,069,188.14 and $784,752.23 for the City and the Fire District, respectively. Weekly check register amounts are $6,528,902.34 and $108,376.49 for the City and the Fire District, respectively. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Weekly Check Register Page 8 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/11/2022 through 5/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00014240 05/11/2022 ABSOLUTE SECURITY INTERNATIONAL INC 16,068.50 0.00 16,068.50 AP 00014241 05/11/2022 ALL CITY MANAGEMENT SERVICES INC 28,796.79 0.00 28,796.79 ***AP 00014242 05/11/2022 AMG & ASSOCIATES INC 926.25 38,929.10 39,855.35 ***AP 00014243 05/11/2022 ASSI SECURITY 525.00 300.00 825.00 AP 00014244 05/11/2022 BERNELL HYDRAULICS INC 350.89 0.00 350.89 AP 00014245 05/11/2022 BRIGHTVIEW LANDSCAPE SERVICES INC 22,080.74 0.00 22,080.74 AP 00014246 05/11/2022 CCS ORANGE COUNTY JANITORIAL INC 70,054.01 0.00 70,054.01 AP 00014247 05/11/2022 CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 783.72 0.00 783.72 AP 00014248 05/11/2022 ILAND INTERNET SOLUTIONS 10,644.83 0.00 10,644.83 ***AP 00014249 05/11/2022 PFM ASSET MANAGEMENT LLC 13,462.29 1,812.55 15,274.84 AP 00014250 05/11/2022 RC CONSTRUCTION SERVICES INC 0.00 5,032.75 5,032.75 AP 00014251 05/11/2022 RICHARDS WATSON & GERSHON 2,363.40 0.00 2,363.40 ***AP 00014252 05/11/2022 SAN BERNARDINO COUNTY 120.00 38.00 158.00 AP 00014253 05/11/2022 SAN BERNARDINO CTY SHERIFFS DEPT 3,741,120.84 0.00 3,741,120.84 AP 00014254 05/11/2022 WESTERN RENEWABLE ENERGY GENERATION INFO 130.08 0.00 130.08 AP 00014255 05/12/2022 ABC LOCKSMITHS INC 579.16 0.00 579.16 AP 00014256 05/12/2022 AIRGAS USA LLC 244.37 0.00 244.37 AP 00014257 05/12/2022 BIBLIOTHECA LLC 15,278.83 0.00 15,278.83 AP 00014258 05/12/2022 BRODART CO 6,022.54 0.00 6,022.54 AP 00014259 05/12/2022 DUNN EDWARDS CORPORATION 239.95 0.00 239.95 AP 00014260 05/12/2022 EWING IRRIGATION PRODUCTS INC 239.55 0.00 239.55 AP 00014261 05/12/2022 MINUTEMAN PRESS 619.55 0.00 619.55 AP 00014263 05/12/2022 ODP BUSINESS SOLUTIONS LLC 2,046.53 0.00 2,046.53 AP 00014264 05/12/2022 PSA PRINT GROUP 88.36 0.00 88.36 AP 00014265 05/12/2022 THOMPSON PLUMBING SUPPLY INC 670.68 0.00 670.68 AP 00014266 05/12/2022 THOMSON REUTERS - WEST 365.00 0.00 365.00 AP 00014268 05/18/2022 360 DEEP CLEANING LLC 0.00 6,630.00 6,630.00 AP 00014269 05/18/2022 BEST BEST & KRIEGER LLP 12,958.00 0.00 12,958.00 AP 00014270 05/18/2022 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 24,248.10 0.00 24,248.10 AP 00014271 05/18/2022 CALPINE ENERGY SERVICES LP 123,750.00 0.00 123,750.00 ***AP 00014272 05/18/2022 GOLDEN STATE RISK MANAGEMENT AUTHORITY 100,488.00 1,272.00 101,760.00 AP 00014273 05/18/2022 HUITT-ZOLLARS INC 18,539.00 0.00 18,539.00 AP 00014274 05/18/2022 MOFFATT & NICHOL 61,216.01 0.00 61,216.01 AP 00014275 05/18/2022 RCCEA 1,470.50 0.00 1,470.50 AP 00014276 05/18/2022 RCPFA 12,651.83 0.00 12,651.83 AP 00014277 05/18/2022 RE ASTORIA 2 LLC 115,974.71 0.00 115,974.71 AP 00014278 05/18/2022 RODRIGUEZ, EUGENIO 184.66 0.00 184.66 AP 00014279 05/19/2022 CARQUEST AUTO PARTS 979.90 0.00 979.90 AP 00014280 05/19/2022 DIAMOND ENVIRONMENTAL SERVICES 220.68 0.00 220.68 ***AP 00014281 05/19/2022 EMCOR SERVICES 28,672.68 4,023.53 32,696.21 AP 00014282 05/19/2022 EWING IRRIGATION PRODUCTS INC 1,546.13 0.00 1,546.13 AP 00014283 05/19/2022 GENERATOR SERVICES CO INC 589.76 0.00 589.76 AP 00014284 05/19/2022 HOLLIDAY ROCK CO INC 1,514.97 0.00 1,514.97 AP 00014285 05/19/2022 ODP BUSINESS SOLUTIONS LLC 780.84 0.00 780.84 AP 00014286 05/19/2022 PIONEER MANUFACTURING COMPANY 2,605.89 0.00 2,605.89 AP 00014287 05/19/2022 PSA PRINT GROUP 38.79 0.00 38.79 AP 00014288 05/19/2022 SOUTHERN CALIFORNIA NEWS GROUP 16,007.79 0.00 16,007.79 08:00:15 05/24/2022Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 9 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/11/2022 through 5/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00014289 05/19/2022 VISTA PAINT 2,495.51 0.00 2,495.51 AP 00424450 05/11/2022 ABLE BUILDING MAINTENANCE 5,900.65 0.00 5,900.65 AP 00424451 05/11/2022 ADAPT CONSULTING INC 1,135.50 0.00 1,135.50 AP 00424452 05/11/2022 ADVANTAGE SEALING SYSTEMS INC 645.21 0.00 645.21 AP 00424453 05/11/2022 AGUIRRE, VICTOR 20.00 0.00 20.00 AP 00424454 05/11/2022 AMERICAN PACIFIC HOMES 2,550.00 0.00 2,550.00 AP 00424455 05/11/2022 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 2,900.00 0.00 2,900.00 AP 00424456 05/11/2022 ARCHIBALD PET HOSPITAL 300.00 0.00 300.00 AP 00424457 05/11/2022 AROCHO, ALMA 138.60 0.00 138.60 AP 00424458 05/11/2022 BAYONA, JACQUELINE 46.92 0.00 46.92 AP 00424459 05/11/2022 BEST OUTDOOR POWER INLAND LLC 338.37 0.00 338.37 AP 00424460 05/11/2022 BLACKMAN, HAILE 1,300.00 0.00 1,300.00 AP 00424461 05/11/2022 BRINKS INCORPORATED 2,641.99 0.00 2,641.99 AP 00424462 05/11/2022 BURGESON'S HEATING & AC INC 318.22 0.00 318.22 AP 00424463 05/11/2022 C V W D 548.50 0.00 548.50 AP 00424464 05/11/2022 C V W D 0.00 870.60 870.60 AP 00424468 05/11/2022 C V W D 56,037.60 0.00 56,037.60 AP 00424469 05/11/2022 CALIFORNIA MEDICAL BILLING 723.74 0.00 723.74 AP 00424470 05/11/2022 CalPERS LONG-TERM CARE PROGRAM 177.08 0.00 177.08 AP 00424471 05/11/2022 CAMERON-DANIEL PC 579.50 0.00 579.50 AP 00424472 05/11/2022 CHEN, CHONGHONG 81.60 0.00 81.60 AP 00424473 05/11/2022 CHENG, FRANCES 43.51 0.00 43.51 AP 00424474 05/11/2022 CINTAS CORPORATION #150 1,212.19 0.00 1,212.19 ***AP 00424475 05/11/2022 CITIZENS BUSINESS BANK 48.75 2,048.90 2,097.65 AP 00424476 05/11/2022 CLARKE PLUMBING SPECIALTIES INC 32.96 0.00 32.96 AP 00424477 05/11/2022 CLIMATE RESOLVE 1,000.00 0.00 1,000.00 AP 00424478 05/11/2022 CONSERVE LANDCARE LLC 1,279.65 0.00 1,279.65 AP 00424479 05/11/2022 COVETRUS NORTH AMERICA 341.14 0.00 341.14 AP 00424480 05/11/2022 CRIME SCENE STERI-CLEAN LLC 270.00 0.00 270.00 AP 00424481 05/11/2022 D & K CONCRETE COMPANY 1,260.68 0.00 1,260.68 AP 00424482 05/11/2022 DAI, FANG 123.50 0.00 123.50 AP 00424483 05/11/2022 DAISYECO INC 205.23 0.00 205.23 AP 00424484 05/11/2022 DANIELS TIRE SERVICE 0.00 410.00 410.00 AP 00424485 05/11/2022 DAPEER ROSENBLIT & LITVAK LLP 5,746.60 0.00 5,746.60 AP 00424486 05/11/2022 DATA TICKET INC 13,491.93 0.00 13,491.93 AP 00424487 05/11/2022 DEPARTMENT OF TRANSPORTATION, CALIF 8,116.14 0.00 8,116.14 AP 00424488 05/11/2022 DGO AUTO DETAILING 295.00 0.00 295.00 AP 00424489 05/11/2022 DOING GOOD WORKS 879.56 0.00 879.56 AP 00424490 05/11/2022 EAGLE ROAD SERVICE & TIRE 341.79 0.00 341.79 AP 00424491 05/11/2022 ECORP CONSULTING INC 0.00 4,252.50 4,252.50 AP 00424492 05/11/2022 EXPERIAN 52.00 0.00 52.00 AP 00424493 05/11/2022 EXPRESS BRAKE SUPPLY INC 85.28 0.00 85.28 AP 00424494 05/11/2022 FIRST AID 2000 6,387.74 0.00 6,387.74 AP 00424495 05/11/2022 FITNESS REPAIR SHOP 1,170.30 0.00 1,170.30 AP 00424496 05/11/2022 FUTURE PRO INC 16,773.75 0.00 16,773.75 AP 00424497 05/11/2022 G/M BUSINESS INTERIORS 102.05 0.00 102.05 AP 00424498 05/11/2022 GAIL MATERIALS 3,376.64 0.00 3,376.64 08:00:15 05/24/2022Current Date:VLOPEZ - Veronica Lopez Page:2 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 10 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/11/2022 through 5/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00424499 05/11/2022 GENATO, ALDRICH 0.83 0.00 0.83 AP 00424500 05/11/2022 GLOBALSTAR USA 154.16 0.00 154.16 AP 00424501 05/11/2022 GOLDEN SUN ENTERPRISE INC 64,790.00 0.00 64,790.00 AP 00424502 05/11/2022 GOVERNMENTJOBS.COM INC 922.75 0.00 922.75 ***AP 00424503 05/11/2022 GRAINGER 1,826.29 266.72 2,093.01 AP 00424504 05/11/2022 GRAPHICS FACTORY PRINTING INC 177.79 0.00 177.79 AP 00424505 05/11/2022 GROVES ON FOOTHILL, THE 400.00 0.00 400.00 AP 00424506 05/11/2022 HAAKER EQUIPMENT COMPANY 6,870.25 0.00 6,870.25 AP 00424507 05/11/2022 HD PRODUCTIONS INC 5,600.00 0.00 5,600.00 AP 00424508 05/11/2022 HERITAGE WELLNESS COLLECTIVE 844.00 0.00 844.00 AP 00424509 05/11/2022 HILL'S PET NUTRITION SALES INC 843.20 0.00 843.20 AP 00424510 05/11/2022 IMAGINE COURT REPORTING 297.80 0.00 297.80 AP 00424511 05/11/2022 INCENDIO MUSIC 1,300.00 0.00 1,300.00 AP 00424512 05/11/2022 INTERSTATE ALL BATTERY CENTER 630.48 0.00 630.48 AP 00424513 05/11/2022 JERL'S MUFFLER & BRAKE INC 1,534.30 0.00 1,534.30 AP 00424514 05/11/2022 JOHNNY ALLEN TENNIS ACADEMY 2,953.20 0.00 2,953.20 AP 00424515 05/11/2022 JOSEPH R FIGUEROA 550.00 0.00 550.00 AP 00424516 05/11/2022 K-K WOODWORKING 16.16 0.00 16.16 AP 00424517 05/11/2022 KAISER FOUNDATION HEALTH PLAN INC 243,009.70 0.00 243,009.70 AP 00424518 05/11/2022 KEITH, JORRY 330.00 0.00 330.00 ***AP 00424519 05/11/2022 LIEBERT CASSIDY WHITMORE 950.00 487.50 1,437.50 AP 00424520 05/11/2022 LISA WISE CONSULTING 4,154.50 0.00 4,154.50 AP 00424521 05/11/2022 MAGELLAN ADVISORS LLC 2,730.00 0.00 2,730.00 ***AP 00424522 05/11/2022 MARIPOSA LANDSCAPES INC 34,424.09 2,503.22 36,927.31 AP 00424523 05/11/2022 MC AVOY & MARKHAM 1,109.39 0.00 1,109.39 AP 00424524 05/11/2022 MCMASTER-CARR SUPPLY COMPANY 86.27 0.00 86.27 AP 00424525 05/11/2022 MCMURRAY STERN INC 941.00 0.00 941.00 AP 00424526 05/11/2022 MEDIWASTE DISPOSAL 48.39 0.00 48.39 AP 00424527 05/11/2022 MG PETROLEUM INC 690.00 0.00 690.00 AP 00424528 05/11/2022 MIDWEST TAPE 3,341.42 0.00 3,341.42 AP 00424529 05/11/2022 MONTGOMERY HARDWARE CO 1,219.16 0.00 1,219.16 AP 00424530 05/11/2022 MWI ANIMAL HEALTH 1,476.72 0.00 1,476.72 AP 00424531 05/11/2022 NAPA AUTO PARTS 305.49 0.00 305.49 AP 00424532 05/11/2022 NATIONAL UTILITY LOCATORS LLC 120.00 0.00 120.00 AP 00424533 05/11/2022 NAVA, VICTOR 370.00 0.00 370.00 AP 00424534 05/11/2022 NEW COLOR SILK SCREEN & GRAPHICS 452.55 0.00 452.55 AP 00424535 05/11/2022 NONGSHIM HOLDINGS USA INC 30,000.00 0.00 30,000.00 AP 00424536 05/11/2022 OCCUPATIONAL HEALTH CENTERS OF CA 1,875.50 0.00 1,875.50 AP 00424537 05/11/2022 ONTARIO SPAY & NEUTER INC 1,620.00 0.00 1,620.00 AP 00424538 05/11/2022 ONTARIO, CITY OF 33,092.42 0.00 33,092.42 AP 00424539 05/11/2022 OPEN APPS INC 5,770.01 0.00 5,770.01 AP 00424540 05/11/2022 PACIFIC PARKING SYSTEMS INC 900.00 0.00 900.00 AP 00424541 05/11/2022 PANDORA #222 636.01 0.00 636.01 AP 00424542 05/11/2022 PELLETIER, EMILEE 62.25 0.00 62.25 AP 00424543 05/11/2022 PERERA, PETE 78.10 0.00 78.10 AP 00424544 05/11/2022 PLACEWORKS 11,352.09 0.00 11,352.09 AP 00424545 05/11/2022 POSTAL PERFECT 135.00 0.00 135.00 08:00:15 05/24/2022Current Date:VLOPEZ - Veronica Lopez Page:3 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 11 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/11/2022 through 5/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00424546 05/11/2022 PROHEALTH PARTNERS A MEDICAL GROUP INC 0.00 600.00 600.00 AP 00424547 05/11/2022 QUADIENT INC 439.21 0.00 439.21 AP 00424548 05/11/2022 QUADIENT-4715 46,310.00 0.00 46,310.00 AP 00424549 05/11/2022 RANCHO MALL LLC 4,000.00 0.00 4,000.00 AP 00424550 05/11/2022 RANCHO SMOG CENTER 179.80 0.00 179.80 AP 00424551 05/11/2022 RBM LOCK & KEY SERVICE 1,389.98 0.00 1,389.98 AP 00424552 05/11/2022 SAFETY CENTER INC 1,800.00 0.00 1,800.00 AP 00424553 05/11/2022 SAN BERNARDINO CO AUDITOR CONT 12,808.44 0.00 12,808.44 AP 00424554 05/11/2022 SAN BERNARDINO CTY FIRE PROTECTION DIST 455.00 0.00 455.00 AP 00424555 05/11/2022 SCOTT MCLEOD PLUMBING INC 0.00 472.00 472.00 AP 00424556 05/11/2022 SHRED PROS 60.00 0.00 60.00 AP 00424557 05/11/2022 SIEMENS MOBILITY INC 12,306.45 0.00 12,306.45 ***AP 00424559 05/11/2022 SOCAL OFFICE TECHNOLOGIES 2,075.32 22.52 2,097.84 AP 00424560 05/11/2022 SOUTHERN CALIF FLEET SERVICES INC 600.00 0.00 600.00 ***AP 00424563 05/11/2022 SOUTHERN CALIFORNIA EDISON 128,296.18 2,421.94 130,718.12 ***AP 00424564 05/11/2022 SOUTHERN CALIFORNIA EDISON 735.62 1,716.44 2,452.06 AP 00424565 05/11/2022 STABILIZER SOLUTIONS INC 1,641.00 0.00 1,641.00 ***AP 00424567 05/11/2022 STANLEY PEST CONTROL 3,030.00 1,550.00 4,580.00 AP 00424568 05/11/2022 STOTZ EQUIPMENT 3,420.71 0.00 3,420.71 AP 00424569 05/11/2022 SUNSHINE GROWERS NURSERY INC 129.30 0.00 129.30 AP 00424570 05/11/2022 TIANA SANCHEZ INTERNATIONAL LLC 8,000.00 0.00 8,000.00 AP 00424571 05/11/2022 TICKETS.COM 15,000.00 0.00 15,000.00 AP 00424572 05/11/2022 TIREHUB LLC 791.38 0.00 791.38 AP 00424573 05/11/2022 TORO TOWING 1,750.00 0.00 1,750.00 AP 00424574 05/11/2022 TRANSTECH ENGINEERS INC 6,107.50 0.00 6,107.50 AP 00424575 05/11/2022 TRIDEN GROUP CORP 1,680.00 0.00 1,680.00 AP 00424576 05/11/2022 U.S. BANK PARS ACCT #6746022500 1,014.89 0.00 1,014.89 AP 00424577 05/11/2022 U.S. BANK PARS ACCT #6746022500 18,551.22 0.00 18,551.22 AP 00424578 05/11/2022 ULINE 747.84 0.00 747.84 AP 00424579 05/11/2022 UNITED SITE SERVICES OF CA INC 1,234.43 0.00 1,234.43 AP 00424580 05/11/2022 UNITY COURIER SERVICE INC 1,268.73 0.00 1,268.73 AP 00424581 05/11/2022 UNIVERSITY ENTERPRISES CORP @ CSUSB, THE 6,250.00 0.00 6,250.00 AP 00424582 05/11/2022 VAN DAELE HOMES CORPORATION 15,000.00 0.00 15,000.00 AP 00424583 05/11/2022 VELOCITY TRUCK CENTERS 404.12 0.00 404.12 AP 00424584 05/11/2022 VERIZON 26.20 0.00 26.20 AP 00424585 05/11/2022 VERIZON WIRELESS - LA 257.03 0.00 257.03 AP 00424586 05/11/2022 VERIZON WIRELESS - LA 46.32 0.00 46.32 AP 00424587 05/11/2022 VERIZON WIRELESS - LA 6,582.89 0.00 6,582.89 AP 00424588 05/11/2022 VERIZON WIRELESS - LA 5,825.46 0.00 5,825.46 AP 00424589 05/11/2022 VICTOR MEDICAL COMPANY 294.99 0.00 294.99 AP 00424590 05/11/2022 VIGILANT SOLUTIONS LLC 134,371.38 0.00 134,371.38 AP 00424591 05/11/2022 VIGILANT SOLUTIONS LLC 135,421.38 0.00 135,421.38 AP 00424592 05/11/2022 VISION SERVICE PLAN CA 10,455.62 0.00 10,455.62 AP 00424593 05/11/2022 VORTEX INDUSTRIES LLC 4,872.00 0.00 4,872.00 AP 00424594 05/11/2022 VULCAN MATERIALS COMPANY 77.31 0.00 77.31 ***AP 00424595 05/11/2022 WALTERS WHOLESALE ELECTRIC CO 13,925.31 108.83 14,034.14 ***AP 00424596 05/11/2022 WAXIE SANITARY SUPPLY 7,394.57 74.63 7,469.20 08:00:15 05/24/2022Current Date:VLOPEZ - Veronica Lopez Page:4 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 12 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/11/2022 through 5/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00424597 05/11/2022 WEST COAST ARBORISTS INC 47,208.45 0.00 47,208.45 AP 00424598 05/11/2022 WHAT'S POPPING 490.00 0.00 490.00 AP 00424599 05/11/2022 WHITE CAP CONSTRUCTION SUPPLY 1,414.79 0.00 1,414.79 AP 00424600 05/11/2022 WHITE HOUSE PHOTO INC 1,275.00 0.00 1,275.00 AP 00424601 05/11/2022 WILSON & BELL AUTO SERVICE 2,144.13 0.00 2,144.13 AP 00424602 05/11/2022 WORLD BOOK INC 2,152.85 0.00 2,152.85 AP 00424603 05/11/2022 YOUNG REMBRANDTS 691.20 0.00 691.20 AP 00424604 05/11/2022 ZOETIS US LLC 263.46 0.00 263.46 AP 00424605 05/18/2022 ADOBE ANIMAL HOSPITAL 100.00 0.00 100.00 AP 00424606 05/18/2022 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00424607 05/18/2022 ARCHIBALD PET HOSPITAL 400.00 0.00 400.00 AP 00424608 05/18/2022 AUFBAU CORPORATION 7,401.75 0.00 7,401.75 AP 00424609 05/18/2022 BARBARA'S ANSWERING SERVICE 552.00 0.00 552.00 AP 00424610 05/18/2022 BURNS, BRYAN 0.00 1,410.22 1,410.22 ***AP 00424615 05/18/2022 C V W D 45,337.27 756.09 46,093.36 ***AP 00424616 05/18/2022 CALIF DEPT OF TAX & FEE ADMINISTRATION 176.18 1,618.65 1,794.83 AP 00424617 05/18/2022 CALIFORNIA, STATE OF 55.00 0.00 55.00 AP 00424618 05/18/2022 CALIFORNIA, STATE OF 50.00 0.00 50.00 AP 00424619 05/18/2022 CALIFORNIA, STATE OF 342.73 0.00 342.73 AP 00424620 05/18/2022 CALIFORNIA, STATE OF 32.26 0.00 32.26 AP 00424621 05/18/2022 CAMBRIDGE SEVEN ASSOCIATES INC 28,275.00 0.00 28,275.00 AP 00424622 05/18/2022 CAO, YONGJIA 7.05 0.00 7.05 AP 00424623 05/18/2022 CHENG, JENNY 8.69 0.00 8.69 AP 00424624 05/18/2022 CINTAS CORPORATION #150 2,805.64 0.00 2,805.64 AP 00424625 05/18/2022 CONOR CONSULTING LLC 288.00 0.00 288.00 AP 00424626 05/18/2022 CORODATA MEDIA STORAGE INC 64.05 0.00 64.05 AP 00424627 05/18/2022 COVETRUS NORTH AMERICA 799.58 0.00 799.58 AP 00424628 05/18/2022 CROWD CONTROL WAREHOUSE LLC 19,443.14 0.00 19,443.14 AP 00424629 05/18/2022 DEPARTMENT OF JUSTICE 591.00 0.00 591.00 AP 00424630 05/18/2022 EMPLOYMENT DEVELOPMENT DEPT 13,701.00 0.00 13,701.00 AP 00424631 05/18/2022 ESCOBAR, ELBA 9.92 0.00 9.92 AP 00424632 05/18/2022 EVERDE GROWERS 799.31 0.00 799.31 AP 00424633 05/18/2022 FORTIN LAW GROUP 8,896.65 0.00 8,896.65 ***AP 00424634 05/18/2022 FRONTIER COMM 1,802.31 1,278.46 3,080.77 AP 00424635 05/18/2022 FUENTES, NOEMI 11.48 0.00 11.48 AP 00424636 05/18/2022 GARCIA, MARTHA 135.00 0.00 135.00 AP 00424637 05/18/2022 GATEWAY PET CEMETERY & CREMATORY 485.00 0.00 485.00 AP 00424638 05/18/2022 GENUINE GENERAL CONTRACTOR 2,380.00 0.00 2,380.00 AP 00424639 05/18/2022 GOLDEN OAKS VET HOSPITAL 200.00 0.00 200.00 AP 00424640 05/18/2022 GREEN, NICOLE 51.56 0.00 51.56 AP 00424641 05/18/2022 HAULAWAY STORAGE CONTAINERS INC 119.84 0.00 119.84 AP 00424642 05/18/2022 HLP INC 152.60 0.00 152.60 AP 00424643 05/18/2022 HOME DEPOT CREDIT SERVICES 2,363.86 0.00 2,363.86 AP 00424644 05/18/2022 HR GREEN PACIFIC INC 6,765.00 0.00 6,765.00 AP 00424645 05/18/2022 HUDSON AUDIO WORKS 6,000.00 0.00 6,000.00 AP 00424646 05/18/2022 INLAND PRESORT & MAILING SERVICES 176.08 0.00 176.08 AP 00424647 05/18/2022 INTERNATIONAL E-Z UP INC 26,692.08 0.00 26,692.08 08:00:15 05/24/2022Current Date:VLOPEZ - Veronica Lopez Page:5 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 13 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/11/2022 through 5/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00424648 05/18/2022 JUDSON, SHAWN 234.81 0.00 234.81 AP 00424649 05/18/2022 KIM, JIN 350.00 0.00 350.00 AP 00424650 05/18/2022 KOHAN, JASMIN 185.57 0.00 185.57 AP 00424651 05/18/2022 LEE, JIAN 13.26 0.00 13.26 AP 00424652 05/18/2022 LEIGHTON CONSULTING INC 5,235.00 0.00 5,235.00 AP 00424653 05/18/2022 LEVEL 3 COMMUNICATIONS LLC 5,691.50 0.00 5,691.50 AP 00424654 05/18/2022 LIANG, TINA 24.72 0.00 24.72 AP 00424655 05/18/2022 LISA WISE CONSULTING 29,927.50 0.00 29,927.50 AP 00424656 05/18/2022 LOPEZ, VIRGILINA 24.45 0.00 24.45 AP 00424657 05/18/2022 LOSENTES, EVANGELIN 17.05 0.00 17.05 AP 00424658 05/18/2022 LU, HOA 28.51 0.00 28.51 AP 00424659 05/18/2022 MANIPON, ERLINDA 28.51 0.00 28.51 AP 00424660 05/18/2022 MARJANA, GUL 32.12 0.00 32.12 AP 00424661 05/18/2022 MIDWEST TAPE 135.87 0.00 135.87 AP 00424662 05/18/2022 MOLLNO, WESLEY 60.00 0.00 60.00 AP 00424663 05/18/2022 MUNOZ, MARY 29.95 0.00 29.95 AP 00424664 05/18/2022 NAJJAR, CHADI 41.09 0.00 41.09 AP 00424665 05/18/2022 NATIONAL SAFETY COUNCIL 700.00 0.00 700.00 AP 00424666 05/18/2022 NATIONAL SIGNAL 951.88 0.00 951.88 AP 00424667 05/18/2022 NATURAL STONE CONCEPTS LLC 97.75 0.00 97.75 ***AP 00424668 05/18/2022 NEXTECH SYSTEMS INC 25,000.00 24,889.00 49,889.00 AP 00424669 05/18/2022 NUNEZ, LUCY ALVAREZ-120.50 0.00 120.50 AP 00424670 05/18/2022 ONLY CREMATIONS FOR PETS INC 985.00 0.00 985.00 AP 00424671 05/18/2022 ONTARIO SPAY & NEUTER INC 410.00 0.00 410.00 AP 00424672 05/18/2022 ONTARIO WINNELSON CO 560.86 0.00 560.86 AP 00424673 05/18/2022 ONYX PAVING COMPANY INC 378,891.39 0.00 378,891.39 AP 00424674 05/18/2022 PACIFIC UTILITY INSTALLATION INC 4,360.00 0.00 4,360.00 AP 00424675 05/18/2022 PARS 3,500.00 0.00 3,500.00 AP 00424676 05/18/2022 PINNACLE PETROLEUM INC 1,708.17 0.00 1,708.17 AP 00424677 05/18/2022 PRE-PAID LEGAL SERVICES INC 53.36 0.00 53.36 AP 00424678 05/18/2022 RANCHO CUCAMONGA CHAMBER OF COMMERCE 6,332.00 0.00 6,332.00 AP 00424679 05/18/2022 SAN BERNARDINO COUNTY 31,081.62 0.00 31,081.62 AP 00424680 05/18/2022 SBPEA 2,306.85 0.00 2,306.85 AP 00424681 05/18/2022 SECRETARY OF STATE 1.00 0.00 1.00 AP 00424682 05/18/2022 SIDEPATH INC 2,850.00 0.00 2,850.00 AP 00424683 05/18/2022 SONSRAY MACHINERY LLC 2,008.56 0.00 2,008.56 ***AP 00424685 05/18/2022 SOUTHERN CALIFORNIA EDISON 6,720.90 946.83 7,667.73 AP 00424686 05/18/2022 SOUTHERN CALIFORNIA EDISON 442.78 0.00 442.78 AP 00424687 05/18/2022 SOUTHWEST MOBILE STORAGE INC 140.29 0.00 140.29 AP 00424688 05/18/2022 STILES ANIMAL REMOVAL INC 300.00 0.00 300.00 AP 00424689 05/18/2022 SULLIVAN, DANIEL 257.16 0.00 257.16 AP 00424690 05/18/2022 THE COUNSELING TEAM INTERNATIONAL 150.00 0.00 150.00 AP 00424691 05/18/2022 TORRES, AURORA 7.46 0.00 7.46 AP 00424692 05/18/2022 TOUCHSTONE DEVELOPMENT 5,000.00 0.00 5,000.00 AP 00424693 05/18/2022 UNDERGROUND SVC ALERT OF SO CAL 132.10 0.00 132.10 AP 00424694 05/18/2022 UNITED WAY 45.00 0.00 45.00 AP 00424695 05/18/2022 UPS 85.53 0.00 85.53 08:00:15 05/24/2022Current Date:VLOPEZ - Veronica Lopez Page:6 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 14 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/11/2022 through 5/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00424696 05/18/2022 VCLOUD TECH INC 475.65 0.00 475.65 AP 00424697 05/18/2022 VELOCITY TRUCK CENTERS 0.00 84.76 84.76 AP 00424698 05/18/2022 VICTOR MEDICAL COMPANY 1,299.03 0.00 1,299.03 AP 00424699 05/18/2022 VILLASANA, TERESA 8.20 0.00 8.20 AP 00424700 05/18/2022 VULCAN MATERIALS COMPANY 83.42 0.00 83.42 AP 00424701 05/18/2022 WALTERS WHOLESALE ELECTRIC CO 2,660.56 0.00 2,660.56 AP 00424702 05/18/2022 WANG, JUNRU 7.22 0.00 7.22 AP 00424703 05/18/2022 WASHINGTON, JAMES 67.12 0.00 67.12 AP 00424704 05/18/2022 WAXIE SANITARY SUPPLY 428.93 0.00 428.93 AP 00424705 05/18/2022 WEST COAST ARBORISTS INC 385.35 0.00 385.35 AP 00424706 05/18/2022 WILBUR-ELLIS COMPANY 434.88 0.00 434.88 AP 00424707 05/18/2022 WILSON & BELL AUTO SERVICE 746.99 0.00 746.99 AP 00424708 05/18/2022 YING, QIN 20.58 0.00 20.58 AP 00424709 05/18/2022 YOON, YEONG JOO 70.55 0.00 70.55 AP 00424710 05/19/2022 GREEN, CHLOE 1,300.00 0.00 1,300.00 AP 00424711 05/19/2022 PINNACLE PETROLEUM INC 82,553.97 0.00 82,553.97 AP 00424712 05/19/2022 PORAC 168.00 0.00 168.00 AP 00424713 05/19/2022 SECRETARY OF STATE 1.00 0.00 1.00 AP 00424714 05/19/2022 SECRETARY OF STATE 1.00 0.00 1.00 AP 00424715 05/19/2022 CFED 0.00 1,548.75 1,548.75 $6,528,902.34 $6,637,278.83 $108,376.49 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 08:00:15 05/24/2022Current Date:VLOPEZ - Veronica Lopez Page:7 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 15 DATE:June 1, 2022 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Tamara L. Oatman, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $1,232.20 Dated May 11, 2022, Through May 23, 2022 (CITY). No Checks issued to Southern California Gas for the Fire District. (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council approve payment of demands as presented. Weekly check register amounts are $1,232,20 for the City. No Checks issued to Southern California Gas for the Fire District, respectively. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Weekly Check Register Page 16 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. AND CITY OF RANCHO CUCAMONGA 5/11/2022 through 5/23/2022 Check No.Check Date Vendor Name City Fire Amount AP 00424558 05/11/2022 SO CALIF GAS COMPANY 1,232.20 0.00 1,232.20 $1,232.20 $1,232.20 $0.00 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 09:06:49 05/24/2022Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 17 DATE:June 1, 2022 TO:Mayor and Members of the City Council President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Lori E. Sassoon, Deputy City Manager/Administrative Services Tamara L. Oatman, Finance Director Jason Shields, Management Analyst II SUBJECT:Consideration to Receive and File Current Investment Schedules as of April 30, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) RECOMMENDATION: Staff recommends that the City Council/Board of Directors of the Fire Protection District receive and file the attached current investment schedules for the City of Rancho Cucamonga (City) and the Rancho Cucamonga Fire Protection District (District) as of April 30, 2022. BACKGROUND: The attached investment schedules as of April 30, 2022 reflect cash and investments managed by the Finance Department/Revenue Management Division and are in conformity with the requirements of California Government Code Section 53601 and the City of Rancho Cucamonga’s and the Rancho Cucamonga Fire Protection District’s adopted Investment Policies as approved on June 28, 2021. ANALYSIS: The City’s and District’s Treasurers are each required to submit a quarterly investment report to the City Council and the Fire Board, respectively, in accordance with California Government Code Section 53646. The quarterly investment report is required to be submitted within 30 days following the end of the quarter covered by the report. However, the City and District Treasurers have each elected to provide this report on a monthly basis. FISCAL IMPACT: None. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The monthly investment schedule supports the City Council’s core value of providing and nurturing a high quality of life for all by demonstrating the active, prudent fiscal management of the City’s investment portfolio to ensure that financial resources are available to support the various services the City provides to all Rancho Cucamonga stakeholders. ATTACHMENTS: Attachment 1 - Investment Schedule (City) Attachment 2 - Investment Schedule (Fire) Page 18 Page 19 For the Month Ending April 30, 2022 Account Statement Consolidated Summary Statement CITY OF RANCHO CUCAMONGA Investment Allocation Investment Type Closing Market Value Percent 11,089,743.70 3.05 Asset-Backed Security 36,465,036.58 10.02 Federal Agency Bond / Note 48,845,289.26 13.43 Corporate Note 1,184,354.27 0.33 Certificate of Deposit - FDIC Insured 992,010.00 0.27 Municipal Bond / Note 8,070,495.72 2.22 Supra-National Agency Bond / Note 170,777,817.12 46.93 U.S. Treasury Bond / Note 72,183,890.49 19.84 Local Agency Investment Fund 14,213,226.43 3.91 Passbook/Checking Accounts $363,821,863.57 Total 100.00% Portfolio Summary and Income Closing Market ValuePortfolio Holdings Cash Dividends PFMAM Managed Account (98,012.91) 277,424,746.65 Local Agency Investment Fund 0.00 72,183,890.49 Passbook/Checking Accounts 0.00 14,213,226.43 ($98,012.91)$363,821,863.57 Total Maturity Distribution (Fixed Income Holdings) Portfolio Holdings Closing Market Value Percent 87,997,835.32 0.00 0.00 499,995.00 18,093,484.77 79,331,622.45 64,557,940.93 64,970,457.20 48,370,527.90 0.00 24.18 0.00 0.00 0.14 4.97 21.81 17.74 17.86 13.30 0.00 Under 30 days 31 to 60 days 61 to 90 days 91 to 180 days 181 days to 1 year 1 to 2 years 2 to 3 years 3 to 4 years 4 to 5 years Over 5 years Total $363,821,863.57 728 100.00% Weighted Average Days to Maturity Sector Allocation 3.05% ABS 10.02% Fed Agy Bond / Note 13.43% Corporate Note 0.33% Cert of Deposit - FDIC 0.27% Muni Bond / Note 2.22% Supra-National Agency Bond / Note 46.93% US TSY Bond / Note 19.84% Local Agency Investment Fund 3.91% Passbook/Checking Accounts Summary Page 1 Page 20 For the Month Ending April 30, 2022Managed Account Summary Statement CITY OF RANCHO CUCAMONGA - Total Cash Basis Earnings Plus Net Realized Gains/Losses Less Purchased Interest Related to Interest/Coupons Interest/Dividends/Coupons Received Earnings Reconciliation (Cash Basis) - Managed Account Less Beginning Accrued Interest Less Beginning Amortized Value of Securities Less Cost of New Purchases Plus Coupons/Dividends Received Plus Proceeds of Maturities/Calls/Principal Payments Plus Proceeds from Sales Ending Accrued Interest Ending Amortized Value of Securities Earnings Reconciliation (Accrual Basis) $270,881,058.64 0.00 (3,829,550.78) 12,907,648.86 258.76 (2,534,668.83) $277,424,746.65 169,563.61 (37,740.58) (229,835.94) ($98,012.91) Total 291,688,012.88 699,542.88 4,277,884.94 0.00 166,156.25 (13,390,269.29) (283,004,408.71) (589,197.76) Total Accrual Basis Earnings ($152,278.81) Closing Market Value Change in Current Value Unsettled Trades Principal Acquisitions Principal Dispositions Maturities/Calls Opening Market Value Transaction Summary - Managed Account _________________ _________________ _______________________________________________ _______________________________________________Reconciling Transactions Net Cash Contribution Security Purchases Principal Payments Coupon/Interest/Dividend Income Sale Proceeds Maturities/Calls Cash Transactions Summary - Managed Account 0.00 3,832,958.14 166,156.25 0.00 (12,945,389.44) 9,000,000.00 0.00 Cash Balance $182,905.84 Closing Cash Balance Account 73340000 Page 1 Page 21 For the Month Ending April 30, 2022Portfolio Summary and Statistics CITY OF RANCHO CUCAMONGA - Account Summary Percent Par Value Market ValueDescription U.S. Treasury Bond / Note 178,500,000.00 170,777,817.12 61.55 Supra-National Agency Bond / Note 8,410,000.00 8,070,495.72 2.91 Municipal Bond / Note 1,000,000.00 992,010.00 0.36 Federal Agency Bond / Note 38,745,000.00 36,465,036.58 13.14 Corporate Note 51,295,000.00 48,845,289.26 17.61 Certificate of Deposit - FDIC Insured 1,225,000.00 1,184,354.27 0.43 Asset-Backed Security 11,510,000.00 11,089,743.70 4.00 Managed Account Sub-Total 290,685,000.00 277,424,746.65 100.00% Accrued Interest 699,542.88 Total Portfolio 290,685,000.00 278,124,289.53 Unsettled Trades 445,000.00 441,804.46 Sector Allocation 4.00% ABS 0.43% Cert of Deposit - FDIC 17.61% Corporate Note 13.14% Fed Agy Bond / Note 0.36% Muni Bond / Note 2.91% Supra-National Agency Bond / Note 61.55% US TSY Bond / Note 0 - 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years 0.75% 6.52% 28.60% 23.27%23.42% 17.44% 0.00% Maturity Distribution Characteristics Yield to Maturity at Cost Yield to Maturity at Market Weighted Average Days to Maturity 960 0.78% 2.76% Account 73340000 Page 2 Page 22 For the Month Ending April 30, 2022Managed Account Issuer Summary CITY OF RANCHO CUCAMONGA - Credit Quality (S&P Ratings) 4.38% A 0.51% A+ 4.35% A- 1.55% AA 77.88% AA+ 1.91% AA- 5.96% AAA 2.09% BBB+ 1.37% NR Issuer Summary Percentof HoldingsIssuer Market Value 1,387,054.41 0.50 AMAZON.COM INC 1,690,974.38 0.61 AMERICAN EXPRESS CO 1,814,122.00 0.65 AMERICAN HONDA FINANCE 7,818,307.41 2.82 APPLE INC 1,521,343.88 0.55 ASTRAZENECA PLC 488,543.94 0.18 BMW FINANCIAL SERVICES NA LLC 1,764,268.55 0.64 CAPITAL ONE FINANCIAL CORP 2,372,566.24 0.86 CARMAX AUTO OWNER TRUST 1,812,212.00 0.65 CATERPILLAR INC 2,513,873.92 0.91 CHARLES SCHWAB 228,415.71 0.08 CHIPPEWA VALLEY BANK 1,403,467.50 0.51 CITIGROUP INC 1,837,202.00 0.66 DEERE & COMPANY 234,125.19 0.08 ENERBANK USA 25,278,549.18 9.10 FANNIE MAE 2,777,931.00 1.00 FEDERAL FARM CREDIT BANKS 8,408,556.40 3.03 FREDDIE MAC 1,602,979.20 0.58 GENERAL DYNAMICS CORP 913,502.25 0.33 GM FINANCIAL CONSUMER AUTOMOBILE TRUST 502,699.23 0.18 GM FINANCIAL LEASINGTRUST 1,737,536.70 0.63 GOLDMAN SACHS GROUP INC 1,235,143.55 0.45 HONDA AUTO RECEIVABLES 1,430,988.80 0.52 HONEYWELL INTERNATIONAL 274,166.14 0.10 HYUNDAI AUTO LEASE SECURITIZATION TRUST 1,991,148.08 0.72 HYUNDAI AUTO RECEIVABLES 1,653,064.20 0.60 IBM CORP 5,001,755.88 1.80 INTER-AMERICAN DEVELOPMENT BANK 3,068,739.84 1.11 INTL BANK OF RECONSTRUCTION AND DEV 1,533,910.33 0.55 JP MORGAN CHASE & CO 874,172.28 0.32 KUBOTA CREDIT OWNER TRUST 1,600,718.40 0.58 LOCKHEED MARTIN CORP 228,774.14 0.08 MEDALLION BANK UTAH Account 73340000 Page 3 Page 23 For the Month Ending April 30, 2022Managed Account Issuer Summary CITY OF RANCHO CUCAMONGA - Percentof HoldingsIssuer Market Value 178,427.93 0.06 MERCEDES-BENZ AUTO LEASE TRUST 1,204,935.17 0.43 MORGAN STANLEY 441,804.46 0.16 NATIONAL RURAL UTILITIES CO FINANCE CORP 2,882,685.00 1.04 NOVARTIS AG 2,917,232.60 1.05 Roche Holding AG 992,010.00 0.36 SAN MATEO-FOSTER CITY SCHOOL DISTRICT 2,196,630.43 0.79 STATE STREET CORPORATION 332,496.55 0.12 TARGET CORP 1,527,186.27 0.55 THE BANK OF NEW YORK MELLON CORPORATION 1,003,467.08 0.36 TOYOTA MOTOR CORP 1,903,566.00 0.69 TRUIST FIN CORP 416,105.80 0.15 UNILEVER PLC 170,777,817.12 61.55 UNITED STATES TREASURY 2,419,355.00 0.87 US BANCORP 983,649.45 0.35 VOLKSWAGEN OF AMERICA 246,565.06 0.09 WELLS FARGO & COMPANY $277,424,746.65 Total 100.00% Account 73340000 Page 4 Page 24 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 01/31/2018 2.375% 01/31/2023 1,405,250.00 1,423,008.64 8,266.57 1,467,101.56 11/20/2011/17/20AaaAA+ 1,400,000.00 9128283U2 0.19 US TREASURY NOTES DTD 02/28/2018 2.625% 02/28/2023 1,819,332.72 1,846,511.88 8,004.82 1,910,257.03 11/18/2011/16/20AaaAA+ 1,810,000.00 9128284A5 0.19 US TREASURY NOTES DTD 02/29/2016 1.500% 02/28/2023 4,232,734.38 4,298,258.98 10,740.49 4,371,523.44 01/26/2101/25/21AaaAA+ 4,250,000.00 912828P79 0.13 US TREASURY NOTES DTD 03/15/2020 0.500% 03/15/2023 3,405,796.88 3,460,128.33 2,203.13 3,477,357.42 11/05/2010/30/20AaaAA+ 3,450,000.00 912828ZD5 0.16 US TREASURY NOTES DTD 04/30/2018 2.750% 04/30/2023 5,028,125.00 5,128,424.97 373.64 5,329,882.81 10/07/2010/06/20AaaAA+ 5,000,000.00 9128284L1 0.17 US TREASURY NOTES DTD 05/31/2016 1.625% 05/31/2023 3,477,031.25 3,554,983.70 23,750.00 3,630,429.69 11/05/2010/30/20AaaAA+ 3,500,000.00 912828R69 0.17 US TREASURY NOTES DTD 06/15/2020 0.250% 06/15/2023 6,356,797.20 6,507,571.02 6,116.07 6,518,281.25 09/28/2009/24/20AaaAA+ 6,500,000.00 912828ZU7 0.15 US TREASURY N/B NOTES DTD 07/31/2021 0.125% 07/31/2023 5,832,187.20 5,993,774.27 1,864.64 5,990,156.25 08/09/2108/06/21AaaAA+ 6,000,000.00 91282CCN9 0.21 US TREASURY NOTES DTD 08/15/2020 0.125% 08/15/2023 4,854,687.50 4,996,292.06 1,294.89 4,991,796.88 10/07/2010/06/20AaaAA+ 5,000,000.00 91282CAF8 0.18 US TREASURY NOTES DTD 09/15/2020 0.125% 09/15/2023 4,842,969.00 4,994,356.32 798.23 4,988,476.56 11/24/2011/23/20AaaAA+ 5,000,000.00 91282CAK7 0.21 US TREASURY NOTES DTD 09/30/2021 0.250% 09/30/2023 1,938,125.00 1,999,386.33 423.50 1,999,140.63 10/06/2110/04/21AaaAA+ 2,000,000.00 91282CDA6 0.27 US TREASURY N/B NOTES DTD 10/31/2021 0.375% 10/31/2023 5,809,687.20 5,987,279.92 61.14 5,983,125.00 11/03/2111/01/21AaaAA+ 6,000,000.00 91282CDD0 0.52 US TREASURY N/B NOTES DTD 12/31/2021 0.750% 12/31/2023 3,392,812.50 3,498,277.34 8,774.17 3,497,949.22 01/05/2201/03/22AaaAA+ 3,500,000.00 91282CDR9 0.78 US TREASURY N/B NOTES DTD 12/31/2021 0.750% 12/31/2023 4,846,875.00 4,989,306.44 12,534.53 4,987,304.69 01/07/2201/06/22AaaAA+ 5,000,000.00 91282CDR9 0.88 Account 73340000 Page 5 Page 25 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY N/B NOTES DTD 01/31/2022 0.875% 01/31/2024 4,847,656.00 4,847,650.23 10,877.07 4,845,507.81 04/22/2204/21/22AaaAA+ 5,000,000.00 91282CDV0 2.67 US TREASURY NOTES DTD 02/28/2019 2.375% 02/29/2024 7,957,500.00 8,321,544.49 32,010.87 8,600,312.50 09/28/2009/24/20AaaAA+ 8,000,000.00 9128286G0 0.18 US TREASURY NOTES DTD 05/01/2017 2.000% 04/30/2024 3,564,729.09 3,742,396.24 196.47 3,836,983.59 11/05/2010/30/20AaaAA+ 3,615,000.00 912828X70 0.23 US TREASURY N/B NOTES DTD 05/15/2021 0.250% 05/15/2024 1,806,781.25 1,883,005.20 2,191.30 1,878,921.88 11/03/2111/01/21AaaAA+ 1,900,000.00 91282CCC3 0.69 US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 4,743,750.00 5,004,969.68 5,490.33 5,006,640.63 08/03/2108/02/21AaaAA+ 5,000,000.00 91282CCL3 0.33 US TREASURY NOTES DTD 07/31/2019 1.750% 07/31/2024 5,542,425.00 5,861,862.39 24,669.20 5,995,139.06 10/07/2010/06/20AaaAA+ 5,670,000.00 912828Y87 0.24 US TREASURY N/B NOTES DTD 08/15/2021 0.375% 08/15/2024 3,785,000.00 3,997,085.65 3,107.73 3,996,250.00 09/03/2109/01/21AaaAA+ 4,000,000.00 91282CCT6 0.41 US TREASURY NOTES DTD 08/31/2019 1.250% 08/31/2024 2,165,723.44 2,297,585.07 4,727.92 2,325,942.78 01/26/2101/25/21AaaAA+ 2,245,000.00 912828YE4 0.24 US TREASURY N/B NOTES DTD 09/15/2021 0.375% 09/15/2024 1,321,250.00 1,395,893.40 670.52 1,394,914.06 10/06/2110/04/21AaaAA+ 1,400,000.00 91282CCX7 0.50 US TREASURY NOTES DTD 10/02/2017 2.125% 09/30/2024 5,551,504.69 5,905,054.83 10,160.23 6,075,872.27 09/28/2009/24/20AaaAA+ 5,645,000.00 9128282Y5 0.21 US TREASURY NOTES DTD 10/31/2019 1.500% 10/31/2024 2,418,750.00 2,573,979.45 101.90 2,616,796.88 11/18/2011/16/20AaaAA+ 2,500,000.00 912828YM6 0.31 US TREASURY NOTES DTD 11/30/2019 1.500% 11/30/2024 4,831,250.00 5,154,337.08 31,318.68 5,239,843.75 11/24/2011/23/20AaaAA+ 5,000,000.00 912828YV6 0.30 US TREASURY NOTES DTD 12/31/2019 1.750% 12/31/2024 971,250.00 1,018,955.70 5,849.45 1,021,210.94 01/05/2201/03/22AaaAA+ 1,000,000.00 912828YY0 1.03 US TREASURY NOTES DTD 02/28/2018 2.750% 02/28/2025 5,977,500.00 6,425,227.70 27,798.91 6,663,750.00 09/28/2009/24/20AaaAA+ 6,000,000.00 9128283Z1 0.23 Account 73340000 Page 6 Page 26 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 03/31/2020 0.500% 03/31/2025 2,567,382.95 2,762,935.16 1,164.62 2,769,335.94 11/20/2011/17/20AaaAA+ 2,750,000.00 912828ZF0 0.34 US TREASURY NOTES DTD 04/30/2020 0.375% 04/30/2025 1,949,062.50 2,047,472.52 21.40 2,042,003.91 01/07/2201/06/22AaaAA+ 2,100,000.00 912828ZL7 1.23 US TREASURY NOTES DTD 07/31/2020 0.250% 07/31/2025 4,127,343.75 4,484,670.96 2,796.96 4,478,730.47 01/26/2101/25/21AaaAA+ 4,500,000.00 91282CAB7 0.36 US TREASURY NOTES DTD 07/31/2020 0.250% 07/31/2025 6,420,312.50 6,968,810.06 4,350.83 6,956,250.00 01/08/2101/06/21AaaAA+ 7,000,000.00 91282CAB7 0.39 US TREASURY NOTES DTD 11/30/2020 0.375% 11/30/2025 2,739,375.00 2,841,828.67 4,697.80 2,833,007.81 02/17/2202/16/22AaaAA+ 3,000,000.00 91282CAZ4 1.91 US TREASURY NOTES DTD 12/31/2020 0.375% 12/31/2025 3,553,875.00 3,850,376.65 4,888.47 3,837,082.03 05/07/2105/06/21AaaAA+ 3,900,000.00 91282CBC4 0.73 US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 1,040,697.60 1,129,532.20 1,067.51 1,126,170.12 07/07/2107/06/21AaaAA+ 1,145,000.00 91282CBH3 0.74 US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 5,453,437.20 5,926,738.76 5,593.92 5,912,578.13 08/09/2108/06/21AaaAA+ 6,000,000.00 91282CBH3 0.71 US TREASURY NOTES DTD 02/28/2021 0.500% 02/28/2026 2,415,640.63 2,629,901.79 2,232.34 2,623,810.55 03/03/2103/02/21AaaAA+ 2,650,000.00 91282CBQ3 0.70 US TREASURY N/B NOTES DTD 03/31/2021 0.750% 03/31/2026 2,756,250.00 2,979,282.92 1,905.74 2,973,632.81 04/06/2104/02/21AaaAA+ 3,000,000.00 91282CBT7 0.93 US TREASURY NOTES DTD 05/16/2016 1.625% 05/15/2026 3,346,546.88 3,505,486.42 26,425.33 3,504,758.79 03/07/2203/03/22AaaAA+ 3,525,000.00 912828R36 1.77 US TREASURY N/B NOTES DTD 05/31/2021 0.750% 05/31/2026 2,745,468.60 2,861,469.99 9,395.60 2,854,687.50 02/17/2202/16/22AaaAA+ 3,000,000.00 91282CCF6 1.93 US TREASURY N/B NOTES DTD 05/31/2021 0.750% 05/31/2026 5,582,452.82 6,089,080.39 19,104.40 6,086,656.25 06/04/2106/02/21AaaAA+ 6,100,000.00 91282CCF6 0.79 US TREASURY N/B NOTES DTD 07/31/2021 0.625% 07/31/2026 1,814,062.40 1,988,055.18 3,107.74 1,986,015.63 08/09/2108/06/21AaaAA+ 2,000,000.00 91282CCP4 0.77 Account 73340000 Page 7 Page 27 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY N/B NOTES DTD 07/31/2021 0.625% 07/31/2026 2,721,093.60 2,993,215.85 4,661.60 2,992,031.25 08/03/2108/02/21AaaAA+ 3,000,000.00 91282CCP4 0.68 US TREASURY NOTES DTD 08/15/2016 1.500% 08/15/2026 4,258,449.45 4,250,656.73 14,062.50 4,249,081.05 04/22/2204/21/22AaaAA+ 4,525,000.00 9128282A7 3.02 US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 369,125.00 397,797.81 12.23 397,578.13 11/18/2111/17/21AaaAA+ 400,000.00 91282CDG3 1.25 US TREASURY N/B NOTES DTD 11/30/2021 1.250% 11/30/2026 2,685,112.50 2,902,580.54 15,111.26 2,903,255.27 12/03/2112/01/21AaaAA+ 2,895,000.00 91282CDK4 1.19 US TREASURY N/B NOTES DTD 12/31/2021 1.250% 12/31/2026 1,504,648.44 1,617,214.27 6,789.54 1,616,684.57 01/05/2201/03/22AaaAA+ 1,625,000.00 91282CDQ1 1.36 371,766.19 170,777,817.12 179,334,214.18 0.63 180,784,218.79 178,500,000.00 Security Type Sub-Total Supra-National Agency Bond / Note INTL BK OF RECON AND DEV NOTE DTD 04/20/2021 0.125% 04/20/2023 1,709,206.56 1,743,248.35 66.65 1,741,387.85 04/20/2104/13/21AaaAAA 1,745,000.00 459058JV6 0.23 INTL BK RECON & DEVELOP NOTES DTD 11/24/2020 0.250% 11/24/2023 1,359,533.28 1,408,416.42 1,537.29 1,406,968.50 11/24/2011/17/20AaaAAA 1,410,000.00 459058JM6 0.32 INTER-AMERICAN DEVEL BK NOTES DTD 09/23/2021 0.500% 09/23/2024 3,550,070.88 3,752,779.07 1,981.81 3,752,221.30 09/23/2109/15/21AaaAAA 3,755,000.00 4581X0DZ8 0.52 INTER-AMERICAN DEVELOPMENT BANK NOTES DTD 01/16/2020 1.750% 03/14/2025 1,451,685.00 1,554,488.92 3,427.08 1,576,950.00 02/23/2102/19/21AaaAAA 1,500,000.00 4581X0DK1 0.47 7,012.83 8,070,495.72 8,458,932.76 0.42 8,477,527.65 8,410,000.00 Security Type Sub-Total Municipal Bond / Note SAN MATEO-FOSTER SCH DIST, CA TXBL GO BO DTD 05/19/2020 1.162% 08/01/2022 499,995.00 500,263.18 1,452.50 502,300.00 05/19/2005/19/20AaaAA+ 500,000.00 799055QR2 0.95 Account 73340000 Page 8 Page 28 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Municipal Bond / Note SAN MATEO-FOSTER SCH DIST, CA TXBL GO BO DTD 05/19/2020 1.266% 08/01/2023 492,015.00 501,323.31 1,582.50 503,385.00 05/19/2005/19/20AaaAA+ 500,000.00 799055QS0 1.05 3,035.00 992,010.00 1,001,586.49 1.00 1,005,685.00 1,000,000.00 Security Type Sub-Total Federal Agency Bond / Note FANNIE MAE NOTES DTD 07/10/2020 0.250% 07/10/2023 4,153,333.86 4,260,511.20 3,283.75 4,261,192.80 09/28/2009/24/20AaaAA+ 4,260,000.00 3135G05G4 0.24 FREDDIE MAC NOTES DTD 09/04/2020 0.250% 09/08/2023 4,657,579.20 4,801,348.24 1,766.67 4,802,928.00 09/28/2009/24/20AaaAA+ 4,800,000.00 3137EAEW5 0.23 FREDDIE MAC NOTES DTD 11/05/2020 0.250% 11/06/2023 1,641,941.60 1,699,226.62 2,065.97 1,698,470.00 11/05/2011/03/20AaaAA+ 1,700,000.00 3137EAEZ8 0.28 FANNIE MAE NOTES DTD 11/25/2020 0.250% 11/27/2023 4,242,726.40 4,397,370.83 4,705.56 4,394,984.00 11/25/2011/23/20AaaAA+ 4,400,000.00 3135G06H1 0.29 FANNIE MAE NOTES DTD 06/19/2020 0.500% 06/17/2025 2,683,882.13 2,899,339.35 5,387.92 2,901,803.25 07/21/2007/21/20AaaAA+ 2,895,000.00 3135G04Z3 0.45 FANNIE MAE NOTES DTD 06/19/2020 0.500% 06/17/2025 4,635,375.00 5,011,808.13 9,305.55 5,017,800.00 09/28/2009/24/20AaaAA+ 5,000,000.00 3135G04Z3 0.42 FEDERAL FARM CREDIT BANK NOTES DTD 07/02/2020 0.500% 07/02/2025 2,777,931.00 3,004,556.38 4,958.33 3,007,110.00 07/21/2007/21/20AaaAA+ 3,000,000.00 3133ELR71 0.45 FANNIE MAE NOTES (CALLABLE) DTD 07/21/2020 0.625% 07/21/2025 2,318,277.50 2,499,355.42 4,340.28 2,499,000.00 07/21/2007/21/20AaaAA+ 2,500,000.00 3136G4ZJ5 0.63 FANNIE MAE NOTES DTD 08/27/2020 0.375% 08/25/2025 1,838,164.00 1,992,053.59 1,375.00 1,988,500.00 11/05/2010/30/20AaaAA+ 2,000,000.00 3135G05X7 0.50 FREDDIE MAC NOTES DTD 09/25/2020 0.375% 09/23/2025 2,109,035.60 2,295,289.78 910.42 2,293,077.00 09/25/2009/23/20AaaAA+ 2,300,000.00 3137EAEX3 0.44 FANNIE MAE NOTES DTD 11/12/2020 0.500% 11/07/2025 1,275,965.79 1,388,389.25 3,359.17 1,387,720.40 11/13/2011/12/20AaaAA+ 1,390,000.00 3135G06G3 0.53 Account 73340000 Page 9 Page 29 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Federal Agency Bond / Note FANNIE MAE NOTES DTD 11/12/2020 0.500% 11/07/2025 4,130,824.50 4,496,043.35 10,875.00 4,494,465.00 12/04/2012/02/20AaaAA+ 4,500,000.00 3135G06G3 0.53 52,333.62 36,465,036.58 38,745,292.14 0.39 38,747,050.45 38,745,000.00 Security Type Sub-Total Corporate Note LOCKHEED MARTIN CORP NOTES (CALLED,OMD 3 DTD 02/20/2015 2.900% 05/11/2022 1,600,718.40 1,602,683.74 7,733.33 1,714,864.00 03/09/2103/05/21A3A- 1,600,000.00 539830BE8 -3.07 APPLE INC GLOBAL NOTES DTD 05/03/2013 2.400% 05/03/2023 3,394,118.85 3,379,572.52 40,228.00 3,348,574.20 05/06/1905/06/19AaaAA+ 3,390,000.00 037833AK6 2.73 APPLE INC CORPORATE NOTES DTD 05/11/2020 0.750% 05/11/2023 1,416,814.56 1,441,622.47 5,100.00 1,444,737.60 05/11/2005/11/20AaaAA+ 1,440,000.00 037833DV9 0.64 APPLE INC (CALLABLE) BONDS DTD 02/09/2017 3.000% 02/09/2024 3,007,374.00 3,006,376.38 20,500.00 3,019,140.00 02/11/1902/11/19AaaAA+ 3,000,000.00 037833CG3 2.86 CHARLES SCHWAB CORP NOTES (CALLABLE) DTD 03/18/2021 0.750% 03/18/2024 631,429.92 659,793.15 591.25 659,670.00 03/18/2103/16/21A2A 660,000.00 808513BN4 0.77 AMAZON.COM INC CORPORATE NOTES DTD 05/12/2021 0.450% 05/12/2024 1,387,054.41 1,453,561.83 3,073.69 1,452,875.70 05/12/2105/10/21A1AA 1,455,000.00 023135BW5 0.50 AMERICAN EXPRESS CO CORP NOTES (CALLABLE DTD 07/30/2019 2.500% 07/30/2024 1,690,974.38 1,776,419.16 10,901.04 1,786,755.00 11/23/2111/19/21A2BBB+ 1,725,000.00 025816CG2 1.14 UNILEVER CAPITAL CORP (CALLABLE) CORPORA DTD 08/12/2021 0.626% 08/12/2024 416,105.80 440,000.00 604.44 440,000.00 08/12/2108/09/21A1A+ 440,000.00 904764BN6 0.63 BMW US CAPITAL LLC CORPORATE NOTES DTD 08/12/2021 0.750% 08/12/2024 488,543.94 514,964.73 847.60 514,953.65 08/12/2108/09/21A2A 515,000.00 05565EBU8 0.75 US BANK NA CINCINNATI (CALLABLE) CORPORA DTD 01/21/2020 2.050% 01/21/2025 2,419,355.00 2,589,902.92 14,236.11 2,640,450.00 11/05/2010/30/20A1AA- 2,500,000.00 90331HPL1 0.69 Account 73340000 Page 10 Page 30 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Corporate Note NOVARTIS CAPITAL CORP DTD 02/14/2020 1.750% 02/14/2025 2,882,685.00 3,091,241.40 11,229.17 3,144,750.00 09/28/2009/24/20A1AA- 3,000,000.00 66989HAP3 0.63 JPMORGAN CHASE & CO CORP NOTES (CALLABLE DTD 02/16/2021 0.563% 02/16/2025 577,580.33 610,000.00 715.48 610,000.00 02/16/2102/09/21A2A- 610,000.00 46647PBY1 0.56 ROCHE HOLDINGS INC (CALLABLE) CORPORATE DTD 03/10/2022 2.132% 03/10/2025 2,917,232.60 3,015,000.00 9,106.31 3,015,000.00 03/10/2203/03/22Aa3AA 3,015,000.00 771196BT8 2.13 GENERAL DYNAMICS CORP (CALLABLE) CORP NO DTD 05/11/2018 3.500% 05/15/2025 1,602,979.20 1,712,476.83 25,822.22 1,757,296.00 03/09/2103/05/21A3A- 1,600,000.00 369550BG2 1.09 NATIONAL RURAL UTIL COOP CORPORATE NOTES DTD 05/04/2022 3.450% 06/15/2025 441,804.46 444,879.85 0.00 444,879.85 05/04/2204/27/22NRA- 445,000.00 63743HFE7 3.46 CITIGROUP INC CORP NOTE (CALLABLE) DTD 11/03/2021 1.281% 11/03/2025 1,403,467.50 1,501,292.67 9,500.75 1,501,545.00 11/03/2111/01/21A3BBB+ 1,500,000.00 172967ND9 1.25 BANK OF NY MELLON CORP (CALLABLE) CORPOR DTD 01/28/2021 0.750% 01/28/2026 1,527,186.27 1,684,253.57 3,264.69 1,684,005.85 02/01/2101/28/21A1A 1,685,000.00 06406RAQ0 0.76 STATE STREET CORP (CALLABLE) CORPORATE N DTD 02/07/2022 1.746% 02/06/2026 290,660.43 305,000.00 1,242.57 305,000.00 02/07/2202/02/22A1A 305,000.00 857477BR3 1.75 STATE STREET CORP (CALLABLE) CORPORATE N DTD 02/07/2022 1.746% 02/06/2026 1,905,970.00 1,914,983.48 8,148.00 1,914,860.00 04/29/2204/27/22A1A 2,000,000.00 857477BR3 2.95 GOLDMAN SACHS GROUP INC CORPORATE NOTES DTD 02/12/2021 0.855% 02/12/2026 1,737,536.70 1,902,943.72 3,564.88 1,903,876.00 02/17/2102/12/21A2BBB+ 1,900,000.00 38141GXS8 0.81 IBM CORP DTD 05/15/2019 3.300% 05/15/2026 1,653,064.20 1,821,091.01 25,487.92 1,844,861.75 09/03/2109/01/21A3A- 1,675,000.00 459200JZ5 1.08 Account 73340000 Page 11 Page 31 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Corporate Note ASTRAZENECA FINANCE LLC (CALLABLE) CORP DTD 05/28/2021 1.200% 05/28/2026 1,521,343.88 1,682,809.70 8,542.50 1,684,095.25 09/03/2109/01/21A3A- 1,675,000.00 04636NAA1 1.08 TOYOTA MOTOR CREDIT CORP CORPORATE NOTES DTD 06/18/2021 1.125% 06/18/2026 1,003,467.08 1,102,871.35 4,592.66 1,102,546.90 09/13/2109/08/21A1A+ 1,105,000.00 89236TJK2 1.17 MORGAN STANLEY CORP NOTES DTD 07/25/2016 3.125% 07/27/2026 958,461.00 1,055,860.66 8,159.72 1,062,320.00 11/03/2111/01/21A1BBB+ 1,000,000.00 61761J3R8 1.75 AMERICAN HONDA FINANCE CORPORATE NOTES DTD 09/09/2021 1.300% 09/09/2026 1,814,122.00 1,973,244.16 3,755.56 1,970,740.00 12/03/2112/01/21A3A- 2,000,000.00 02665WDZ1 1.62 CATERPILLAR FINL SERVICE CORPORATE NOTES DTD 09/14/2021 1.150% 09/14/2026 1,812,212.00 1,970,401.53 3,002.78 1,967,640.00 12/03/2112/01/21A2A 2,000,000.00 14913R2Q9 1.50 JPMORGAN CHASE & CO CORP NOTES DTD 07/21/2016 2.950% 10/01/2026 956,330.00 1,051,484.94 2,458.33 1,057,540.00 11/03/2111/01/21A2A- 1,000,000.00 46625HRV4 1.72 JOHN DEERE CAPITAL CORP CORPORATE NOTES DTD 01/10/2022 1.700% 01/11/2027 1,837,202.00 1,989,387.89 10,483.33 1,988,720.00 01/13/2201/11/22A2A 2,000,000.00 24422EWA3 1.82 TARGET CORP CORPORATE NOTES DTD 01/24/2022 1.950% 01/15/2027 332,496.55 354,428.72 1,865.23 354,396.50 01/24/2201/19/22A2A 355,000.00 87612EBM7 1.99 HONEYWELL INTERNATIONAL (CALLABLE) CORP DTD 08/16/2021 1.100% 03/01/2027 1,430,988.80 1,514,566.24 2,933.33 1,511,904.00 03/07/2203/03/22A2A 1,600,000.00 438516CE4 2.27 TRUIST FINANCIAL CORP NOTES (CALLABLE) DTD 03/02/2021 1.267% 03/02/2027 1,903,566.00 1,952,644.96 4,360.59 1,949,808.00 03/28/2203/24/22A3A- 2,100,000.00 89788MAD4 2.83 CHARLES SCHWAB CORP NOTES (CALLABLE) DTD 03/03/2022 2.450% 03/03/2027 1,882,444.00 1,898,315.09 7,894.44 1,898,200.00 04/29/2204/27/22A2A 2,000,000.00 808513BY0 3.60 Account 73340000 Page 12 Page 32 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par 259,945.92 48,845,289.26 51,414,074.67 1.52 51,696,005.25 51,295,000.00 Security Type Sub-Total Certificate of Deposit - FDIC Insured WELLS FARGO BANK NA DTD 01/29/2020 1.900% 01/30/2023 246,565.06 245,000.00 25.51 245,000.00 01/29/2001/29/20NRNR 245,000.00 949763S64 1.90 MORGAN STANLEY PVT BANK DTD 01/30/2020 1.850% 01/30/2023 246,474.17 245,000.00 1,130.02 245,000.00 01/30/2001/30/20NRNR 245,000.00 61760A6Q7 1.85 ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 234,125.19 245,000.00 21.14 245,000.00 07/24/2007/24/20NRNR 245,000.00 29278TQD5 0.45 CHIPPEWA VALLEY BANK DTD 07/29/2020 0.500% 07/29/2025 228,415.71 245,000.00 6.71 245,000.00 07/29/2007/29/20NRNR 245,000.00 169894AT9 0.50 MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 228,774.14 245,000.00 3.69 245,000.00 07/30/2007/30/20NRNR 245,000.00 58404DHQ7 0.55 1,187.07 1,184,354.27 1,225,000.00 1.07 1,225,000.00 1,225,000.00 Security Type Sub-Total Asset-Backed Security MBALT 2021-A A3 DTD 01/27/2021 0.250% 01/16/2024 178,427.93 179,989.51 20.00 179,981.80 01/27/2101/20/21AaaAAA 180,000.00 58770GAC4 0.25 HALST 2021-A A4 DTD 01/20/2021 0.420% 12/16/2024 274,166.14 279,984.31 52.27 279,976.70 01/20/2101/12/21AaaAAA 280,000.00 44891TAD8 0.42 GMALT 2021-1 A4 DTD 02/24/2021 0.330% 02/20/2025 502,699.23 514,945.24 51.93 514,922.24 02/24/2102/17/21AaaNR 515,000.00 36261RAD0 0.33 HAROT 2021-1 A3 DTD 02/24/2021 0.270% 04/21/2025 518,366.61 529,993.06 39.75 529,990.30 02/24/2102/17/21AaaNR 530,000.00 43813GAC5 0.27 HART 2021-A A3 DTD 04/28/2021 0.380% 09/15/2025 524,834.48 539,956.25 91.20 539,943.19 04/28/2104/20/21NRAAA 540,000.00 44933LAC7 0.38 GMCAR 2021-1 A3 DTD 01/20/2021 0.350% 10/16/2025 367,470.75 374,956.38 54.69 374,940.30 01/20/2101/12/21AaaAAA 375,000.00 36261LAC5 0.35 KCOT 2021-2A A3 DTD 07/28/2021 0.560% 11/17/2025 874,172.28 924,971.27 230.22 924,965.13 07/28/2107/20/21AaaNR 925,000.00 50117XAE2 0.56 Account 73340000 Page 13 Page 33 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Asset-Backed Security CARMX 2021-1 A3 DTD 01/27/2021 0.340% 12/15/2025 117,281.28 119,982.39 18.13 119,976.29 01/27/2101/20/21NRAAA 120,000.00 14316NAC3 0.34 HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 716,776.94 744,859.29 182.11 744,842.95 11/24/2111/16/21AaaNR 745,000.00 43815GAC3 0.89 CARMX 2021-2 A3 DTD 04/21/2021 0.520% 02/17/2026 777,677.36 809,862.58 187.20 809,825.45 04/21/2104/13/21NRAAA 810,000.00 14314QAC8 0.52 CARMX 2021-3 A3 DTD 07/28/2021 0.550% 06/15/2026 1,477,607.60 1,529,787.42 374.00 1,529,748.32 07/28/2107/21/21AaaAAA 1,530,000.00 14317DAC4 0.55 VALET 2021-1 A3 DTD 12/13/2021 1.020% 06/22/2026 983,649.45 1,024,963.20 319.46 1,024,959.82 12/13/2112/07/21AaaAAA 1,025,000.00 92868KAC7 1.02 HART 2022-A A3 DTD 03/16/2022 2.220% 10/15/2026 1,466,313.60 1,499,943.84 1,480.00 1,499,942.25 03/16/2203/09/22NRAAA 1,500,000.00 448977AD0 2.22 GMCAR 2022-1 A3 DTD 01/19/2022 1.260% 11/16/2026 546,031.50 569,953.34 299.25 569,950.47 01/19/2201/11/22NRAAA 570,000.00 380146AC4 1.26 COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 1,764,268.55 1,864,764.56 862.04 1,864,743.00 11/30/2111/18/21NRAAA 1,865,000.00 14041NFY2 1.04 4,262.25 11,089,743.70 11,508,912.64 0.90 11,508,708.21 11,510,000.00 Security Type Sub-Total 290,685,000.00 293,444,195.35 0.76 699,542.88 291,688,012.88 277,424,746.65 Managed Account Sub-Total $290,685,000.00 $293,444,195.35 $699,542.88 $291,688,012.88 $277,424,746.65 0.78% $278,124,289.53 $699,542.88 Total Investments Accrued Interest Securities Sub-Total Bolded items are forward settling trades. Account 73340000 Page 14 Page 34 For the Month Ending April 30, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration U.S. Treasury Bond / Note (17,758.64)(61,851.56) 1,405,250.00 100.38 CITIGRP 1,400,000.00 9128283U2US TREASURY NOTES DTD 01/31/2018 2.375% 01/31/2023 1.87 0.75 (27,179.16)(90,924.31) 1,819,332.72 100.52 CITIGRP 1,810,000.00 9128284A5US TREASURY NOTES DTD 02/28/2018 2.625% 02/28/2023 2.00 0.83 (65,524.60)(138,789.06) 4,232,734.38 99.59 BNP_PAR 4,250,000.00 912828P79US TREASURY NOTES DTD 02/29/2016 1.500% 02/28/2023 1.99 0.83 (54,331.45)(71,560.54) 3,405,796.88 98.72 WELLS_F 3,450,000.00 912828ZD5US TREASURY NOTES DTD 03/15/2020 0.500% 03/15/2023 1.98 0.88 (100,299.97)(301,757.81) 5,028,125.00 100.56 CITIGRP 5,000,000.00 9128284L1US TREASURY NOTES DTD 04/30/2018 2.750% 04/30/2023 2.18 0.98 (77,952.45)(153,398.44) 3,477,031.25 99.34 NOMURA 3,500,000.00 912828R69US TREASURY NOTES DTD 05/31/2016 1.625% 05/31/2023 2.24 1.08 (150,773.82)(161,484.05) 6,356,797.20 97.80 WELLS_F 6,500,000.00 912828ZU7US TREASURY NOTES DTD 06/15/2020 0.250% 06/15/2023 2.24 1.13 (161,587.07)(157,969.05) 5,832,187.20 97.20 MERRILL 6,000,000.00 91282CCN9US TREASURY N/B NOTES DTD 07/31/2021 0.125% 07/31/2023 2.40 1.26 (141,604.56)(137,109.38) 4,854,687.50 97.09 HSBC 5,000,000.00 91282CAF8US TREASURY NOTES DTD 08/15/2020 0.125% 08/15/2023 2.42 1.30 (151,387.32)(145,507.56) 4,842,969.00 96.86 NOMURA 5,000,000.00 91282CAK7US TREASURY NOTES DTD 09/15/2020 0.125% 09/15/2023 2.46 1.38 (61,261.33)(61,015.63) 1,938,125.00 96.91 NOMURA 2,000,000.00 91282CDA6US TREASURY NOTES DTD 09/30/2021 0.250% 09/30/2023 2.48 1.42 (177,592.72)(173,437.80) 5,809,687.20 96.83 CITIGRP 6,000,000.00 91282CDD0US TREASURY N/B NOTES DTD 10/31/2021 0.375% 10/31/2023 2.54 1.50 (105,464.84)(105,136.72) 3,392,812.50 96.94 JPM_CHA 3,500,000.00 91282CDR9US TREASURY N/B NOTES DTD 12/31/2021 0.750% 12/31/2023 2.64 1.66 (142,431.44)(140,429.69) 4,846,875.00 96.94 CITIGRP 5,000,000.00 91282CDR9US TREASURY N/B NOTES DTD 12/31/2021 0.750% 12/31/2023 2.64 1.66 5.77 2,148.19 4,847,656.00 96.95 RBS 5,000,000.00 91282CDV0US TREASURY N/B NOTES DTD 01/31/2022 0.875% 01/31/2024 2.66 1.74 (364,044.49)(642,812.50) 7,957,500.00 99.47 RBS 8,000,000.00 9128286G0US TREASURY NOTES DTD 02/28/2019 2.375% 02/29/2024 2.67 1.80 (177,667.15)(272,254.50) 3,564,729.09 98.61 MORGAN_ 3,615,000.00 912828X70US TREASURY NOTES DTD 05/01/2017 2.000% 04/30/2024 2.72 1.95 Account 73340000 Page 15 Page 35 For the Month Ending April 30, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration U.S. Treasury Bond / Note (76,223.95)(72,140.63) 1,806,781.25 95.09 CITIGRP 1,900,000.00 91282CCC3US TREASURY N/B NOTES DTD 05/15/2021 0.250% 05/15/2024 2.74 2.04 (261,219.68)(262,890.63) 4,743,750.00 94.88 NOMURA 5,000,000.00 91282CCL3US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 2.78 2.20 (319,437.39)(452,714.06) 5,542,425.00 97.75 WELLS_F 5,670,000.00 912828Y87US TREASURY NOTES DTD 07/31/2019 1.750% 07/31/2024 2.79 2.21 (212,085.65)(211,250.00) 3,785,000.00 94.63 NOMURA 4,000,000.00 91282CCT6US TREASURY N/B NOTES DTD 08/15/2021 0.375% 08/15/2024 2.81 2.29 (131,861.63)(160,219.34) 2,165,723.44 96.47 BNP_PAR 2,245,000.00 912828YE4US TREASURY NOTES DTD 08/31/2019 1.250% 08/31/2024 2.82 2.31 (74,643.40)(73,664.06) 1,321,250.00 94.38 MERRILL 1,400,000.00 91282CCX7US TREASURY N/B NOTES DTD 09/15/2021 0.375% 09/15/2024 2.84 2.37 (353,550.14)(524,367.58) 5,551,504.69 98.34 CITIGRP 5,645,000.00 9128282Y5US TREASURY NOTES DTD 10/02/2017 2.125% 09/30/2024 2.84 2.37 (155,229.45)(198,046.88) 2,418,750.00 96.75 CITIGRP 2,500,000.00 912828YM6US TREASURY NOTES DTD 10/31/2019 1.500% 10/31/2024 2.86 2.45 (323,087.08)(408,593.75) 4,831,250.00 96.63 NOMURA 5,000,000.00 912828YV6US TREASURY NOTES DTD 11/30/2019 1.500% 11/30/2024 2.86 2.53 (47,705.70)(49,960.94) 971,250.00 97.13 MORGAN_ 1,000,000.00 912828YY0US TREASURY NOTES DTD 12/31/2019 1.750% 12/31/2024 2.88 2.61 (447,727.70)(686,250.00) 5,977,500.00 99.63 MERRILL 6,000,000.00 9128283Z1US TREASURY NOTES DTD 02/28/2018 2.750% 02/28/2025 2.89 2.74 (195,552.21)(201,952.99) 2,567,382.95 93.36 MORGAN_ 2,750,000.00 912828ZF0US TREASURY NOTES DTD 03/31/2020 0.500% 03/31/2025 2.89 2.90 (98,410.02)(92,941.41) 1,949,062.50 92.81 NOMURA 2,100,000.00 912828ZL7US TREASURY NOTES DTD 04/30/2020 0.375% 04/30/2025 2.89 2.98 (357,327.21)(351,386.72) 4,127,343.75 91.72 BNP_PAR 4,500,000.00 91282CAB7US TREASURY NOTES DTD 07/31/2020 0.250% 07/31/2025 2.94 3.24 (548,497.56)(535,937.50) 6,420,312.50 91.72 JPM_CHA 7,000,000.00 91282CAB7US TREASURY NOTES DTD 07/31/2020 0.250% 07/31/2025 2.94 3.24 (102,453.67)(93,632.81) 2,739,375.00 91.31 NOMURA 3,000,000.00 91282CAZ4US TREASURY NOTES DTD 11/30/2020 0.375% 11/30/2025 2.95 3.56 (296,501.65)(283,207.03) 3,553,875.00 91.13 HSBC 3,900,000.00 91282CBC4US TREASURY NOTES DTD 12/31/2020 0.375% 12/31/2025 2.94 3.64 Account 73340000 Page 16 Page 36 For the Month Ending April 30, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration U.S. Treasury Bond / Note (88,834.60)(85,472.52) 1,040,697.60 90.89 CITIGRP 1,145,000.00 91282CBH3US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 2.96 3.73 (473,301.56)(459,140.93) 5,453,437.20 90.89 RBS 6,000,000.00 91282CBH3US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 2.96 3.73 (214,261.16)(208,169.92) 2,415,640.63 91.16 CITIGRP 2,650,000.00 91282CBQ3US TREASURY NOTES DTD 02/28/2021 0.500% 02/28/2026 2.96 3.80 (223,032.92)(217,382.81) 2,756,250.00 91.88 NOMURA 3,000,000.00 91282CBT7US TREASURY N/B NOTES DTD 03/31/2021 0.750% 03/31/2026 2.96 3.87 (158,939.54)(158,211.91) 3,346,546.88 94.94 CITIGRP 3,525,000.00 912828R36US TREASURY NOTES DTD 05/16/2016 1.625% 05/15/2026 2.96 3.90 (116,001.39)(109,218.90) 2,745,468.60 91.52 JPM_CHA 3,000,000.00 91282CCF6US TREASURY N/B NOTES DTD 05/31/2021 0.750% 05/31/2026 2.97 4.02 (506,627.57)(504,203.43) 5,582,452.82 91.52 RBC 6,100,000.00 91282CCF6US TREASURY N/B NOTES DTD 05/31/2021 0.750% 05/31/2026 2.97 4.02 (173,992.78)(171,953.23) 1,814,062.40 90.70 CITIGRP 2,000,000.00 91282CCP4US TREASURY N/B NOTES DTD 07/31/2021 0.625% 07/31/2026 2.97 4.20 (272,122.25)(270,937.65) 2,721,093.60 90.70 CITIGRP 3,000,000.00 91282CCP4US TREASURY N/B NOTES DTD 07/31/2021 0.625% 07/31/2026 2.97 4.20 7,792.72 9,368.40 4,258,449.45 94.11 MERRILL 4,525,000.00 9128282A7US TREASURY NOTES DTD 08/15/2016 1.500% 08/15/2026 2.97 4.16 (28,672.81)(28,453.13) 369,125.00 92.28 CITIGRP 400,000.00 91282CDG3US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 2.97 4.37 (217,468.04)(218,142.77) 2,685,112.50 92.75 NOMURA 2,895,000.00 91282CDK4US TREASURY N/B NOTES DTD 11/30/2021 1.250% 11/30/2026 2.95 4.44 (112,565.83)(112,036.13) 1,504,648.44 92.59 JPM_CHA 1,625,000.00 91282CDQ1US TREASURY N/B NOTES DTD 12/31/2021 1.250% 12/31/2026 2.96 4.53 (10,006,401.67) 2.69 (8,556,397.06) 170,777,817.12 178,500,000.00 Security Type Sub-Total 2.41 Supra-National Agency Bond / Note (34,041.79)(32,181.29) 1,709,206.56 97.95 TD 1,745,000.00 459058JV6INTL BK OF RECON AND DEV NOTE DTD 04/20/2021 0.125% 04/20/2023 2.27 0.97 (48,883.14)(47,435.22) 1,359,533.28 96.42 TD 1,410,000.00 459058JM6INTL BK RECON & DEVELOP NOTES DTD 11/24/2020 0.250% 11/24/2023 2.60 1.57 Account 73340000 Page 17 Page 37 For the Month Ending April 30, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Supra-National Agency Bond / Note (202,708.19)(202,150.42) 3,550,070.88 94.54 JPM_CHA 3,755,000.00 4581X0DZ8INTER-AMERICAN DEVEL BK NOTES DTD 09/23/2021 0.500% 09/23/2024 2.87 2.39 (102,803.92)(125,265.00) 1,451,685.00 96.78 MORGAN_ 1,500,000.00 4581X0DK1INTER-AMERICAN DEVELOPMENT BANK NOTES DTD 01/16/2020 1.750% 03/14/2025 2.93 2.81 (407,031.93) 2.71 (388,437.04) 8,070,495.72 8,410,000.00 Security Type Sub-Total 2.03 Municipal Bond / Note (268.18)(2,305.00) 499,995.00 100.00 NEW ACC 500,000.00 799055QR2SAN MATEO-FOSTER SCH DIST, CA TXBL GO BO DTD 05/19/2020 1.162% 08/01/2022 1.16 0.26 (9,308.31)(11,370.00) 492,015.00 98.40 NEW ACC 500,000.00 799055QS0SAN MATEO-FOSTER SCH DIST, CA TXBL GO BO DTD 05/19/2020 1.266% 08/01/2023 2.57 1.25 (13,675.00) 1.86 (9,576.49) 992,010.00 1,000,000.00 Security Type Sub-Total 0.75 Federal Agency Bond / Note (107,177.34)(107,858.94) 4,153,333.86 97.50 MORGAN_ 4,260,000.00 3135G05G4FANNIE MAE NOTES DTD 07/10/2020 0.250% 07/10/2023 2.39 1.20 (143,769.04)(145,348.80) 4,657,579.20 97.03 KEYBANC 4,800,000.00 3137EAEW5FREDDIE MAC NOTES DTD 09/04/2020 0.250% 09/08/2023 2.49 1.36 (57,285.02)(56,528.40) 1,641,941.60 96.58 CITIGRP 1,700,000.00 3137EAEZ8FREDDIE MAC NOTES DTD 11/05/2020 0.250% 11/06/2023 2.56 1.52 (154,644.43)(152,257.60) 4,242,726.40 96.43 NOMURA 4,400,000.00 3135G06H1FANNIE MAE NOTES DTD 11/25/2020 0.250% 11/27/2023 2.58 1.57 (215,457.22)(217,921.12) 2,683,882.13 92.71 NEW ACC 2,895,000.00 3135G04Z3FANNIE MAE NOTES DTD 06/19/2020 0.500% 06/17/2025 2.96 3.11 (376,433.13)(382,425.00) 4,635,375.00 92.71 HSBC 5,000,000.00 3135G04Z3FANNIE MAE NOTES DTD 06/19/2020 0.500% 06/17/2025 2.96 3.11 (226,625.38)(229,179.00) 2,777,931.00 92.60 NEW ACC 3,000,000.00 3133ELR71FEDERAL FARM CREDIT BANK NOTES DTD 07/02/2020 0.500% 07/02/2025 2.96 3.15 Account 73340000 Page 18 Page 38 For the Month Ending April 30, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Federal Agency Bond / Note (181,077.92)(180,722.50) 2,318,277.50 92.73 07/21/22NEW ACC 2,500,000.00 3136G4ZJ5FANNIE MAE NOTES (CALLABLE) DTD 07/21/2020 0.625% 07/21/2025 3.01 0.25 (153,889.59)(150,336.00) 1,838,164.00 91.91 NOMURA 2,000,000.00 3135G05X7FANNIE MAE NOTES DTD 08/27/2020 0.375% 08/25/2025 2.95 3.30 (186,254.18)(184,041.40) 2,109,035.60 91.70 CITIGRP 2,300,000.00 3137EAEX3FREDDIE MAC NOTES DTD 09/25/2020 0.375% 09/23/2025 2.96 3.38 (112,423.46)(111,754.61) 1,275,965.79 91.80 BMO 1,390,000.00 3135G06G3FANNIE MAE NOTES DTD 11/12/2020 0.500% 11/07/2025 2.97 3.49 (365,218.85)(363,640.50) 4,130,824.50 91.80 JEFFERI 4,500,000.00 3135G06G3FANNIE MAE NOTES DTD 11/12/2020 0.500% 11/07/2025 2.97 3.49 (2,282,013.87) 2.78 (2,280,255.56) 36,465,036.58 38,745,000.00 Security Type Sub-Total 2.32 Corporate Note (1,965.34)(114,145.60) 1,600,718.40 100.04 12/01/24MERRILL 1,600,000.00 539830BE8LOCKHEED MARTIN CORP NOTES (CALLED,OMD 3 DTD 02/20/2015 2.900% 05/11/2022 1.42 0.03 14,546.33 45,544.65 3,394,118.85 100.12 NEW ACC 3,390,000.00 037833AK6APPLE INC GLOBAL NOTES DTD 05/03/2013 2.400% 05/03/2023 2.28 0.99 (24,807.91)(27,923.04) 1,416,814.56 98.39 NEW ACC 1,440,000.00 037833DV9APPLE INC CORPORATE NOTES DTD 05/11/2020 0.750% 05/11/2023 2.34 1.03 997.62 (11,766.00) 3,007,374.00 100.25 12/09/23NEW ACC 3,000,000.00 037833CG3APPLE INC (CALLABLE) BONDS DTD 02/09/2017 3.000% 02/09/2024 2.86 1.57 (28,363.23)(28,240.08) 631,429.92 95.67 02/18/24CSFB 660,000.00 808513BN4CHARLES SCHWAB CORP NOTES (CALLABLE) DTD 03/18/2021 0.750% 03/18/2024 3.13 1.79 (66,507.42)(65,821.29) 1,387,054.41 95.33 JPM_CHA 1,455,000.00 023135BW5AMAZON.COM INC CORPORATE NOTES DTD 05/12/2021 0.450% 05/12/2024 2.83 2.02 (85,444.78)(95,780.62) 1,690,974.38 98.03 06/30/24MORGAN_ 1,725,000.00 025816CG2AMERICAN EXPRESS CO CORP NOTES (CALLABLE DTD 07/30/2019 2.500% 07/30/2024 3.42 2.11 (23,894.20)(23,894.20) 416,105.80 94.57 08/12/22DEUTSCH 440,000.00 904764BN6UNILEVER CAPITAL CORP (CALLABLE) CORPORA DTD 08/12/2021 0.626% 08/12/2024 3.11 0.30 Account 73340000 Page 19 Page 39 For the Month Ending April 30, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Corporate Note (26,420.79)(26,409.71) 488,543.94 94.86 GOLDMAN 515,000.00 05565EBU8BMW US CAPITAL LLC CORPORATE NOTES DTD 08/12/2021 0.750% 08/12/2024 3.10 2.27 (170,547.92)(221,095.00) 2,419,355.00 96.77 12/20/24US_BANC 2,500,000.00 90331HPL1US BANK NA CINCINNATI (CALLABLE) CORPORA DTD 01/21/2020 2.050% 01/21/2025 3.30 2.57 (208,556.40)(262,065.00) 2,882,685.00 96.09 01/14/25US_BANC 3,000,000.00 66989HAP3NOVARTIS CAPITAL CORP DTD 02/14/2020 1.750% 02/14/2025 3.23 2.65 (32,419.67)(32,419.67) 577,580.33 94.69 02/16/24JPM_CHA 610,000.00 46647PBY1JPMORGAN CHASE & CO CORP NOTES (CALLABLE DTD 02/16/2021 0.563% 02/16/2025 2.55 1.79 (97,767.40)(97,767.40) 2,917,232.60 96.76 02/10/25DEUTSCH 3,015,000.00 771196BT8ROCHE HOLDINGS INC (CALLABLE) CORPORATE DTD 03/10/2022 2.132% 03/10/2025 3.33 2.70 (109,497.63)(154,316.80) 1,602,979.20 100.19 03/15/25SUSQ 1,600,000.00 369550BG2GENERAL DYNAMICS CORP (CALLABLE) CORP NO DTD 05/11/2018 3.500% 05/15/2025 3.43 2.72 (3,075.39)(3,075.39) 441,804.46 99.28 RBC 445,000.00 63743HFE7NATIONAL RURAL UTIL COOP CORPORATE NOTES DTD 05/04/2022 3.450% 06/15/2025 3.69 2.99 (97,825.17)(98,077.50) 1,403,467.50 93.56 11/03/24MORGAN_ 1,500,000.00 172967ND9CITIGROUP INC CORP NOTE (CALLABLE) DTD 11/03/2021 1.281% 11/03/2025 3.24 2.46 (157,067.30)(156,819.58) 1,527,186.27 90.63 12/28/25MITSU 1,685,000.00 06406RAQ0BANK OF NY MELLON CORP (CALLABLE) CORPOR DTD 01/28/2021 0.750% 01/28/2026 3.44 3.61 (14,339.57)(14,339.57) 290,660.43 95.30 02/26/25GOLDMAN 305,000.00 857477BR3STATE STREET CORP (CALLABLE) CORPORATE N DTD 02/07/2022 1.746% 02/06/2026 3.08 3.18 (9,013.48)(8,890.00) 1,905,970.00 95.30 02/26/25GOLDMAN 2,000,000.00 857477BR3STATE STREET CORP (CALLABLE) CORPORATE N DTD 02/07/2022 1.746% 02/06/2026 3.08 3.18 (165,407.02)(166,339.30) 1,737,536.70 91.45 MERRILL 1,900,000.00 38141GXS8GOLDMAN SACHS GROUP INC CORPORATE NOTES DTD 02/12/2021 0.855% 02/12/2026 3.28 3.72 Account 73340000 Page 20 Page 40 For the Month Ending April 30, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Corporate Note (168,026.81)(191,797.55) 1,653,064.20 98.69 MORGAN_ 1,675,000.00 459200JZ5IBM CORP DTD 05/15/2019 3.300% 05/15/2026 3.65 3.76 (161,465.82)(162,751.37) 1,521,343.88 90.83 04/28/26MORGAN_ 1,675,000.00 04636NAA1ASTRAZENECA FINANCE LLC (CALLABLE) CORP DTD 05/28/2021 1.200% 05/28/2026 3.64 3.89 (99,404.27)(99,079.82) 1,003,467.08 90.81 JPM_CHA 1,105,000.00 89236TJK2TOYOTA MOTOR CREDIT CORP CORPORATE NOTES DTD 06/18/2021 1.125% 06/18/2026 3.53 4.03 (97,399.66)(103,859.00) 958,461.00 95.85 SUSQ 1,000,000.00 61761J3R8MORGAN STANLEY CORP NOTES DTD 07/25/2016 3.125% 07/27/2026 4.20 3.97 (159,122.16)(156,618.00) 1,814,122.00 90.71 RBC 2,000,000.00 02665WDZ1AMERICAN HONDA FINANCE CORPORATE NOTES DTD 09/09/2021 1.300% 09/09/2026 3.62 4.24 (158,189.53)(155,428.00) 1,812,212.00 90.61 LOOP 2,000,000.00 14913R2Q9CATERPILLAR FINL SERVICE CORPORATE NOTES DTD 09/14/2021 1.150% 09/14/2026 3.48 4.27 (95,154.94)(101,210.00) 956,330.00 95.63 07/01/26SUSQ 1,000,000.00 46625HRV4JPMORGAN CHASE & CO CORP NOTES DTD 07/21/2016 2.950% 10/01/2026 4.04 3.94 (152,185.89)(151,518.00) 1,837,202.00 91.86 JPM_CHA 2,000,000.00 24422EWA3JOHN DEERE CAPITAL CORP CORPORATE NOTES DTD 01/10/2022 1.700% 01/11/2027 3.60 4.50 (21,932.17)(21,899.95) 332,496.55 93.66 CITIGRP 355,000.00 87612EBM7TARGET CORP CORPORATE NOTES DTD 01/24/2022 1.950% 01/15/2027 3.42 4.49 (83,577.44)(80,915.20) 1,430,988.80 89.44 02/01/27MORGAN_ 1,600,000.00 438516CE4HONEYWELL INTERNATIONAL (CALLABLE) CORP DTD 08/16/2021 1.100% 03/01/2027 3.49 4.63 (49,078.96)(46,242.00) 1,903,566.00 90.65 03/02/26GOLDMAN 2,100,000.00 89788MAD4TRUIST FINANCIAL CORP NOTES (CALLABLE) DTD 03/02/2021 1.267% 03/02/2027 3.38 3.75 (15,871.09)(15,756.00) 1,882,444.00 94.12 02/03/27CSFB 2,000,000.00 808513BY0CHARLES SCHWAB CORP NOTES (CALLABLE) DTD 03/03/2022 2.450% 03/03/2027 3.79 4.50 (2,850,715.99) 3.20 (2,568,785.41) 48,845,289.26 51,295,000.00 Security Type Sub-Total 2.87 Account 73340000 Page 21 Page 41 For the Month Ending April 30, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Certificate of Deposit - FDIC Insured 1,565.06 1,565.06 246,565.06 100.64 NEW ACC 245,000.00 949763S64WELLS FARGO BANK NA DTD 01/29/2020 1.900% 01/30/2023 1.04 0.75 1,474.17 1,474.17 246,474.17 100.60 NEW ACC 245,000.00 61760A6Q7MORGAN STANLEY PVT BANK DTD 01/30/2020 1.850% 01/30/2023 1.04 0.75 (10,874.81)(10,874.81) 234,125.19 95.56 NEW ACC 245,000.00 29278TQD5ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 2.50 2.22 (16,584.29)(16,584.29) 228,415.71 93.23 NEW ACC 245,000.00 169894AT9CHIPPEWA VALLEY BANK DTD 07/29/2020 0.500% 07/29/2025 2.68 3.22 (16,225.86)(16,225.86) 228,774.14 93.38 NEW ACC 245,000.00 58404DHQ7MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 2.68 3.22 (40,645.73) 1.96 (40,645.73) 1,184,354.27 1,225,000.00 Security Type Sub-Total 2.00 Asset-Backed Security (1,561.58)(1,553.87) 178,427.93 99.13 MITSU 180,000.00 58770GAC4MBALT 2021-A A3 DTD 01/27/2021 0.250% 01/16/2024 0.76 0.60 (5,818.17)(5,810.56) 274,166.14 97.92 SOCGEN 280,000.00 44891TAD8HALST 2021-A A4 DTD 01/20/2021 0.420% 12/16/2024 1.23 0.97 (12,246.01)(12,223.01) 502,699.23 97.61 RBC 515,000.00 36261RAD0GMALT 2021-1 A4 DTD 02/24/2021 0.330% 02/20/2025 1.20 1.07 (11,626.45)(11,623.69) 518,366.61 97.81 JPM_CHA 530,000.00 43813GAC5HAROT 2021-1 A3 DTD 02/24/2021 0.270% 04/21/2025 1.02 0.91 (15,121.77)(15,108.71) 524,834.48 97.19 BARCLAY 540,000.00 44933LAC7HART 2021-A A3 DTD 04/28/2021 0.380% 09/15/2025 1.23 1.19 (7,485.63)(7,469.55) 367,470.75 97.99 DEUTSCH 375,000.00 36261LAC5GMCAR 2021-1 A3 DTD 01/20/2021 0.350% 10/16/2025 0.94 0.90 (50,798.99)(50,792.85) 874,172.28 94.51 MITSU 925,000.00 50117XAE2KCOT 2021-2A A3 DTD 07/28/2021 0.560% 11/17/2025 2.17 1.93 (2,701.11)(2,695.01) 117,281.28 97.73 MITSU 120,000.00 14316NAC3CARMX 2021-1 A3 DTD 01/27/2021 0.340% 12/15/2025 0.98 0.91 (28,082.35)(28,066.01) 716,776.94 96.21 MERRILL 745,000.00 43815GAC3HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 1.93 1.84 (32,185.22)(32,148.09) 777,677.36 96.01 MERRILL 810,000.00 14314QAC8CARMX 2021-2 A3 DTD 04/21/2021 0.520% 02/17/2026 1.60 1.02 Account 73340000 Page 22 Page 42 For the Month Ending April 30, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Asset-Backed Security (52,179.82)(52,140.72) 1,477,607.60 96.58 RBC 1,530,000.00 14317DAC4CARMX 2021-3 A3 DTD 07/28/2021 0.550% 06/15/2026 1.40 1.34 (41,313.75)(41,310.37) 983,649.45 95.97 WELLS_F 1,025,000.00 92868KAC7VALET 2021-1 A3 DTD 12/13/2021 1.020% 06/22/2026 2.04 1.81 (33,630.24)(33,628.65) 1,466,313.60 97.75 MERRILL 1,500,000.00 448977AD0HART 2022-A A3 DTD 03/16/2022 2.220% 10/15/2026 2.76 2.17 (23,921.84)(23,918.97) 546,031.50 95.80 BNP_PAR 570,000.00 380146AC4GMCAR 2022-1 A3 DTD 01/19/2022 1.260% 11/16/2026 2.23 2.03 (100,496.01)(100,474.45) 1,764,268.55 94.60 BARCLAY 1,865,000.00 14041NFY2COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 2.29 2.47 (418,964.51) 1.86 (419,168.94) 11,089,743.70 11,510,000.00 Security Type Sub-Total 1.68 290,685,000.00 277,424,746.65 (16,019,448.70) (14,263,266.23) 2.75 Managed Account Sub-Total 2.43 Total Investments $278,124,289.53 $699,542.88 $277,424,746.65 Accrued Interest Securities Sub-Total $290,685,000.00 ($16,019,448.70) ($14,263,266.23) 2.76% 2.44 Bolded items are forward settling trades. Account 73340000 Page 23 Page 43 For the Month Ending April 30, 2022Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA - Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method BUY 04/22/22 US TREASURY N/B NOTES DTD 01/31/2022 0.875% 01/31/2024 91282CDV0 (4,845,507.81)(9,789.36)(4,855,297.17) 5,000,000.00 04/21/22 04/22/22 US TREASURY NOTES DTD 08/15/2016 1.500% 08/15/2026 9128282A7 (4,249,081.05)(12,375.00)(4,261,456.05) 4,525,000.00 04/21/22 04/29/22 CHARLES SCHWAB CORP NOTES (CALLABLE) DTD 03/03/2022 2.450% 03/03/2027 808513BY0 (1,898,200.00)(7,622.22)(1,905,822.22) 2,000,000.00 04/27/22 04/29/22 STATE STREET CORP (CALLABLE) CORPORATE N DTD 02/07/2022 1.746% 02/06/2026 857477BR3 (1,914,860.00)(7,954.00)(1,922,814.00) 2,000,000.00 04/27/22 05/04/22 NATIONAL RURAL UTIL COOP CORPORATE NOTES DTD 05/04/2022 3.450% 06/15/2025 63743HFE7 (444,879.85) 0.00 (444,879.85) 445,000.00 04/27/22 (37,740.58) (13,390,269.29)(13,352,528.71) 13,970,000.00 Transaction Type Sub-Total INTEREST 04/01/22 JPMORGAN CHASE & CO CORP NOTES DTD 07/21/2016 2.950% 10/01/2026 46625HRV4 0.00 14,750.00 14,750.00 1,000,000.00 04/01/22 04/01/22 MONEY MARKET FUND MONEY0002 0.00 2.32 2.32 0.00 04/01/22 04/15/22 KCOT 2021-2A A3 DTD 07/28/2021 0.560% 11/17/2025 50117XAE2 0.00 431.67 431.67 925,000.00 04/15/22 04/15/22 CARMX 2021-3 A3 DTD 07/28/2021 0.550% 06/15/2026 14317DAC4 0.00 701.25 701.25 1,530,000.00 04/15/22 04/15/22 MBALT 2021-A A3 DTD 01/27/2021 0.250% 01/16/2024 58770GAC4 0.00 37.50 37.50 180,000.00 04/15/22 04/15/22 CARMX 2021-1 A3 DTD 01/27/2021 0.340% 12/15/2025 14316NAC3 0.00 34.00 34.00 120,000.00 04/15/22 04/15/22 CARMX 2021-2 A3 DTD 04/21/2021 0.520% 02/17/2026 14314QAC8 0.00 351.00 351.00 810,000.00 04/15/22 04/15/22 HART 2021-A A3 DTD 04/28/2021 0.380% 09/15/2025 44933LAC7 0.00 171.00 171.00 540,000.00 04/15/22 04/15/22 COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 14041NFY2 0.00 1,616.33 1,616.33 1,865,000.00 04/15/22 Account 73340000 Page 24 Page 44 For the Month Ending April 30, 2022Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA - Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 04/15/22 HALST 2021-A A4 DTD 01/20/2021 0.420% 12/16/2024 44891TAD8 0.00 98.00 98.00 280,000.00 04/15/22 04/15/22 HART 2022-A A3 DTD 03/16/2022 2.220% 10/15/2026 448977AD0 0.00 2,682.50 2,682.50 1,500,000.00 04/15/22 04/16/22 GMCAR 2022-1 A3 DTD 01/19/2022 1.260% 11/16/2026 380146AC4 0.00 598.50 598.50 570,000.00 04/16/22 04/16/22 GMCAR 2021-1 A3 DTD 01/20/2021 0.350% 10/16/2025 36261LAC5 0.00 109.38 109.38 375,000.00 04/16/22 04/20/22 INTL BK OF RECON AND DEV NOTE DTD 04/20/2021 0.125% 04/20/2023 459058JV6 0.00 1,099.35 1,099.35 0.00 04/20/22 04/20/22 GMALT 2021-1 A4 DTD 02/24/2021 0.330% 02/20/2025 36261RAD0 0.00 141.63 141.63 515,000.00 04/20/22 04/20/22 VALET 2021-1 A3 DTD 12/13/2021 1.020% 06/22/2026 92868KAC7 0.00 871.25 871.25 1,025,000.00 04/20/22 04/21/22 HAROT 2021-1 A3 DTD 02/24/2021 0.270% 04/21/2025 43813GAC5 0.00 119.25 119.25 530,000.00 04/21/22 04/21/22 HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 43815GAC3 0.00 546.33 546.33 745,000.00 04/21/22 04/24/22 ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 29278TQD5 0.00 93.64 93.64 245,000.00 04/24/22 04/29/22 WELLS FARGO BANK NA DTD 01/29/2020 1.900% 01/30/2023 949763S64 0.00 395.36 395.36 245,000.00 04/29/22 04/29/22 CHIPPEWA VALLEY BANK DTD 07/29/2020 0.500% 07/29/2025 169894AT9 0.00 104.04 104.04 245,000.00 04/29/22 04/30/22 US TREASURY NOTES DTD 10/31/2019 1.500% 10/31/2024 912828YM6 0.00 18,750.00 18,750.00 2,500,000.00 04/30/22 04/30/22 US TREASURY NOTES DTD 05/01/2017 2.000% 04/30/2024 912828X70 0.00 36,150.00 36,150.00 3,615,000.00 04/30/22 04/30/22 US TREASURY NOTES DTD 04/30/2018 2.750% 04/30/2023 9128284L1 0.00 68,750.00 68,750.00 5,000,000.00 04/30/22 04/30/22 US TREASURY N/B NOTES DTD 10/31/2021 0.375% 10/31/2023 91282CDD0 0.00 11,250.00 11,250.00 6,000,000.00 04/30/22 04/30/22 MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 58404DHQ7 0.00 114.45 114.45 245,000.00 04/30/22 Account 73340000 Page 25 Page 45 For the Month Ending April 30, 2022Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA - Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 04/30/22 US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 91282CDG3 0.00 2,250.00 2,250.00 400,000.00 04/30/22 04/30/22 US TREASURY NOTES DTD 04/30/2020 0.375% 04/30/2025 912828ZL7 0.00 3,937.50 3,937.50 2,100,000.00 04/30/22 166,156.25 166,156.25 0.00 33,105,000.00 Transaction Type Sub-Total SELL 04/29/22 US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 91282CBH3 2,742,656.25 2,734.81 2,745,391.06 (208,007.81)(216,757.62)FIFO 3,000,000.00 04/27/22 04/29/22 US TREASURY NOTES DTD 03/15/2020 0.500% 03/15/2023 912828ZD5 1,086,894.53 672.55 1,087,567.08 (21,828.13)(16,351.11)FIFO 1,100,000.00 04/27/22 05/04/22 US TREASURY NOTES DTD 03/15/2020 0.500% 03/15/2023 912828ZD5 444,621.09 305.71 444,926.80 (8,947.27)(6,685.93)FIFO 450,000.00 04/27/22 3,713.07 (239,794.66)(238,783.21) 4,277,884.94 4,274,171.87 4,550,000.00 Transaction Type Sub-Total (9,078,356.84) 132,128.74 (8,946,228.10) (238,783.21) (239,794.66)Managed Account Sub-Total Total Security Transactions ($238,783.21)($8,946,228.10)$132,128.74 ($9,078,356.84)($239,794.66) Bolded items are forward settling trades. Account 73340000 Page 26 Page 46 Trustee and/orPurchase Maturity CostBond Issue/DescriptionPaying AgentAccount NameTrust Account #FundInvestmentDateDate*YieldValueCFD 2003-01 Improvement Area 1 (2013) Wells Fargo Reserve Fund 46571801 865 Money Market Fund 9/1/2013 N/A 0.01% 1,417,022.91$ Agency Project 46571807 614 Money Market Fund 9/1/2013 N/A 0.01% 77,816.95$ Cultural Center Fund 46571808 615 Money Market Fund 9/1/2013 N/A 0.01% 191,856.96$ Bond Fund 46571800 864 Money Market Fund 9/1/2013 N/A 0.01% 71.86$ Developer Project 46571806 614 Money Market Fund 9/1/2013 N/A 0.01% 98,099.11$ Special Tax 46571805 864 Money Market Fund 9/1/2013 N/A 0.01% 0.55$ 1,784,868.34$ CFD 2003-01 Improvement Area 2 (2013) Wells Fargo Bond Fund 46659800 866 Money Market Fund 12/1/2013 N/A 0.01% 6.77$ Reserve Fund 46659801 867 Money Market Fund 12/1/2013 N/A 0.01% 132,475.85$ Special Tax Fund 46659805 866 Money Market Fund 12/1/2013 N/A 0.01% 0.09$ 132,482.71$ CFD No 2004-01 Rancho Etiwanda Series Wells Fargo Admin Expense Fund 48436802 Money Market Fund N/A 0.01% -$ Bond Fund 48436800 820 Money Market Fund N/A 0.01% 60.73Reserve Fund 48436801 821 Money Market Fund N/A 0.01% 1,187,385.20Special Tax Fund 48436807 820 Money Market Fund N/A 1.05Project Fund 48436809 617 Money Market Fund N/A 44,983.931,232,430.91$ 2014 Rancho Summit Wells Fargo Cost of Issuance Fund 48709906 Money Market Fund N/A -$ Bond Fund 48709900 858 Money Market Fund N/A 1,289.81 Reserve Fund 48709901 859 Money Market Fund N/A 259,481.19 Sepcial Tax Fund 48709907 858 Money Market Fund N/A 0.20 Rebate Fund 48709908 Money Market Fund N/A - Redemption Fund 48709903 Money Market Fund N/A - Prepayment Fund 48709904 Money Market Fund N/A - 260,771.20$ 2019 Lease Revenue Bonds Wells Fargo Bond Fund 82631600 711 Money Market Fund 2/28/2019 N/A (0.00)$ Interest 82631601 711 Money Market Fund 2/28/2019 N/A 248,646.88 Principal 82631602 711 Money Market Fund 2/28/2019 N/A 440,001.71 Acquisition and Construciton - Series A 82631605 711 Money Market Fund 2/28/2019 N/A 7,102,063.03 Acquisition and Construciton - Series B 82631606 711 Money Market Fund 2/28/2019 N/A 2,294,389.84 Cost of Issuance 82631607 711 Money Market Fund 2/28/2019 N/A - 10,085,101.46$ CFD No. 2000-01 South Etiwanda Union Bank Rancho Cucamonga 2015 CFD2000-1 AGY 6712140200 7/30/2015 N/A -$ Special Tax Fund 6712140201 852 Money Market Fund 7/30/2015 N/A 0.05 Bond Fund 6712140202 852 Money Market Fund 7/30/2015 N/A 0.06 Prepayment Fund 6712140203 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140204 853 Money Market Fund 7/30/2015 N/A 0.00% 22,750.27 22,750.38$ City of Rancho Cucamonga Summary of Cash and Investments with Fiscal AgentsFor the Month Ended4/30/2022I:\FINANCE\SALINA\Fiscal Agent Stmts\_Fiscal Agent Statements Workbook Template.xlsx Summary ReportPage 1&nbsp;&nbsp;Page 47 Trustee and/orPurchase Maturity CostBond Issue/DescriptionPaying AgentAccount NameTrust Account #FundInvestmentDateDate*YieldValueCity of Rancho Cucamonga Summary of Cash and Investments with Fiscal AgentsFor the Month Ended4/30/2022CFD No. 2000-02 Rancho Cucamonga Corporate Park Union Bank Rancho Cucamonga 2015 CFD2000-2 AGY 6712140300 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140301 856 Money Market Fund 7/30/2015 N/A 0.51$ Bond Fund 6712140302 856 Money Market Fund 7/30/2015 N/A 0.46$ Prepayment Fund 6712140303 Money Market Fund 7/30/2015 N/A -$ Reserve Fund 6712140304 857 Money Market Fund 7/30/2015 N/A 0.00% 208,902.50 208,903.47$ CFD No. 2001-01 IA 1&2, Series A Union Bank Rancho Cucamonga 2015 CFD2001-1 AGY 6712140400 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140401 860 Money Market Fund 7/30/2015 N/A 0.51 Bond Fund 6712140402 860 Money Market Fund 7/30/2015 N/A 0.98 Prepayment Fund 6712140403 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140404 861 Money Market Fund 7/30/2015 N/A 0.00% 303,541.88 303,543.37$ CFD No. 2001-01 IA3, Series B Union Bank Rancho Cucamonga 2015 CFD2001-1 AGY 6712140500 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140501 862 Money Market Fund 7/30/2015 N/A 0.11 Bond Fund 6712140502 862 Money Market Fund 7/30/2015 N/A 0.03 Prepayment Fund 6712140503 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140504 863 Money Market Fund 7/30/2015 N/A 0.00% 29,470.61 29,470.75$ CFD No. 2006-01 Vintner's Grove Union Bank Rancho Cucamonga 2015 CFD2006-1 AGY 6712140600 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140601 869 Money Market Fund 7/30/2015 N/A 6.15 Bond Fund 6712140602 869 Money Market Fund 7/30/2015 N/A 0.11 Prepayment Fund 6712140603 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140604 870 Money Market Fund 7/30/2015 N/A 0.00% 130,468.36 130,474.62$ CFD No. 2006-02 Amador on Rt. 66 Union Bank Rancho Cucamonga 2015 CFD2006-2 AGY 6712140700 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140701 871 Money Market Fund 7/30/2015 N/A 3.70 Bond Fund 6712140702 871 Money Market Fund 7/30/2015 N/A 0.08 Prepayment Fund 6712140703 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140704 872 Money Market Fund 7/30/2015 N/A 0.00% 78,282.54 78,286.32$ 14,269,083.53 TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS14,269,083.53$ * Note: These investments are money market accounts which have no stated maturity date as they may be liquidated upon demand.I:\FINANCE\SALINA\Fiscal Agent Stmts\_Fiscal Agent Statements Workbook Template.xlsx Summary ReportPage 2&nbsp;&nbsp;Page 48 &nbsp;&nbsp;Page 49 For the Month Ending April 30, 2022 Account Statement Consolidated Summary Statement RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Investment Allocation Investment Type Closing Market Value Percent 547,386.26 0.65 Asset-Backed Security 4,600,126.26 5.44 Corporate Note 462,899.33 0.55 Certificate of Deposit - FDIC Insured 1,897,601.82 2.24 Supra-National Agency Bond / Note 36,640,249.18 43.33 U.S. Treasury Bond / Note 39,886,573.31 47.16 Local Agency Investment Fund 529,507.00 0.63 Passbook/Checking Accounts $84,564,343.16 Total 100.00% Portfolio Summary and Income Closing Market ValuePortfolio Holdings Cash Dividends PFMAM Managed Account (55,022.33) 44,148,262.85 Local Agency Investment Fund 0.00 39,886,573.31 Passbook/Checking Accounts 0.00 529,507.00 ($55,022.33)$84,564,343.16 Total Maturity Distribution (Fixed Income Holdings) Portfolio Holdings Closing Market Value Percent 40,416,080.31 0.00 0.00 0.00 832,912.50 15,925,803.93 10,685,643.35 7,569,749.77 9,134,153.30 0.00 47.80 0.00 0.00 0.00 0.98 18.83 12.64 8.95 10.80 0.00 Under 30 days 31 to 60 days 61 to 90 days 91 to 180 days 181 days to 1 year 1 to 2 years 2 to 3 years 3 to 4 years 4 to 5 years Over 5 years Total $84,564,343.16 496 100.00% Weighted Average Days to Maturity Sector Allocation 0.65% ABS 5.44% Corporate Note 0.55% Cert of Deposit - FDIC 2.24% Supra-National Agency Bond / Note 43.33% US TSY Bond / Note 47.16% Local Agency Investment Fund 0.63% Passbook/Checking Accounts Summary Page 1 Page 50 For the Month Ending April 30, 2022Managed Account Summary Statement CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Total Cash Basis Earnings Plus Net Realized Gains/Losses Less Purchased Interest Related to Interest/Coupons Interest/Dividends/Coupons Received Earnings Reconciliation (Cash Basis) - Managed Account Less Beginning Accrued Interest Less Beginning Amortized Value of Securities Less Cost of New Purchases Plus Coupons/Dividends Received Plus Proceeds of Maturities/Calls/Principal Payments Plus Proceeds from Sales Ending Accrued Interest Ending Amortized Value of Securities Earnings Reconciliation (Accrual Basis) $36,587,846.27 0.00 (925,013.67) 8,860,715.85 (7,344.08) (367,941.52) $44,148,262.85 23,822.19 (19,619.60) (59,224.92) ($55,022.33) Total 45,925,674.83 155,532.97 1,009,104.47 0.00 22,242.89 (8,955,315.20) (38,063,877.11) (123,040.85) Total Accrual Basis Earnings ($29,678.00) Closing Market Value Change in Current Value Unsettled Trades Principal Acquisitions Principal Dispositions Maturities/Calls Opening Market Value Transaction Summary - Managed Account _________________ _________________ _______________________________________________ _______________________________________________Reconciling Transactions Net Cash Contribution Security Purchases Principal Payments Coupon/Interest/Dividend Income Sale Proceeds Maturities/Calls Cash Transactions Summary - Managed Account 0.00 926,592.97 22,242.89 0.00 (8,880,335.45) 8,000,000.00 0.00 Cash Balance $74,662.86 Closing Cash Balance Account 73340100 Page 1 Page 51 For the Month Ending April 30, 2022Portfolio Summary and Statistics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Account Summary Percent Par Value Market ValueDescription U.S. Treasury Bond / Note 38,170,000.00 36,640,249.18 82.99 Supra-National Agency Bond / Note 2,060,000.00 1,897,601.82 4.30 Corporate Note 4,865,000.00 4,600,126.26 10.42 Certificate of Deposit - FDIC Insured 490,000.00 462,899.33 1.05 Asset-Backed Security 570,000.00 547,386.26 1.24 Managed Account Sub-Total 46,155,000.00 44,148,262.85 100.00% Accrued Interest 155,532.97 Total Portfolio 46,155,000.00 44,303,795.82 Unsettled Trades 75,000.00 74,461.43 Sector Allocation 1.24% ABS 1.05% Cert of Deposit - FDIC 10.42% Corporate Note 4.30% Supra-National Agency Bond / Note 82.99% US TSY Bond / Note 0 - 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years 0.00%1.89% 36.07% 24.20% 17.15% 20.69% 0.00% Maturity Distribution Characteristics Yield to Maturity at Cost Yield to Maturity at Market Weighted Average Days to Maturity 950 1.19% 2.78% Account 73340100 Page 2 Page 52 For the Month Ending April 30, 2022Managed Account Issuer Summary CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Credit Quality (S&P Ratings) 3.15% A 0.23% A+ 3.17% A- 1.37% AA 82.98% AA+ 5.39% AAA 2.51% BBB+ 1.20% NR Issuer Summary Percentof HoldingsIssuer Market Value 341,798.63 0.77 AMAZON.COM INC 269,575.63 0.61 AMERICAN EXPRESS CO 181,412.20 0.41 AMERICAN HONDA FINANCE 136,239.75 0.31 ASTRAZENECA PLC 161,778.38 0.37 BANK OF AMERICA CO 262,489.43 0.59 BERKSHIRE HATHAWAY INC 170,277.93 0.39 CAPITAL ONE FINANCIAL CORP 282,366.60 0.64 CHARLES SCHWAB 335,927.23 0.76 CITIGROUP INC 183,720.20 0.42 DEERE & COMPANY 234,125.19 0.53 ENERBANK USA 57,477.00 0.13 GM FINANCIAL CONSUMER AUTOMOBILE TRUST 337,200.10 0.76 GOLDMAN SACHS GROUP INC 67,348.17 0.15 HONDA AUTO RECEIVABLES 250,423.04 0.57 HONEYWELL INTERNATIONAL 151,519.07 0.34 HYUNDAI AUTO RECEIVABLES 265,262.48 0.60 IBM CORP 345,080.13 0.78 INTER-AMERICAN DEVELOPMENT BANK 1,552,521.69 3.52 INTL BANK OF RECONSTRUCTION AND DEV 331,976.34 0.75 JP MORGAN CHASE & CO 228,774.14 0.52 MEDALLION BANK UTAH 163,574.24 0.37 MORGAN STANLEY 74,461.43 0.17 NATIONAL RURAL UTILITIES CO FINANCE CORP 319,249.98 0.72 STATE STREET CORPORATION 173,272.85 0.39 TARGET CORP 180,228.60 0.41 THE BANK OF NEW YORK MELLON CORPORATION 99,892.65 0.23 TOYOTA MOTOR CORP 249,276.50 0.56 TRUIST FIN CORP 36,640,249.18 83.00 UNITED STATES TREASURY 100,764.09 0.23 VOLKSWAGEN OF AMERICA $44,148,262.85 Total 100.00% Account 73340100 Page 3 Page 53 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 11/30/2020 0.125% 11/30/2022 832,912.50 840,063.19 438.46 840,164.06 05/26/2105/25/21AaaAA+ 840,000.00 91282CAX9 0.11 US TREASURY NOTES DTD 05/31/2016 1.625% 05/31/2023 1,490,156.25 1,515,641.88 10,178.57 1,520,156.25 01/07/2201/06/22AaaAA+ 1,500,000.00 912828R69 0.66 US TREASURY NOTES DTD 05/31/2018 2.750% 05/31/2023 2,307,550.90 2,359,270.00 26,354.67 2,414,591.02 05/26/2105/25/21AaaAA+ 2,295,000.00 9128284S6 0.16 US TREASURY NOTES DTD 06/30/2016 1.375% 06/30/2023 786,553.13 800,319.83 3,653.82 801,521.48 01/25/2201/24/22AaaAA+ 795,000.00 912828S35 0.80 US TREASURY N/B NOTES DTD 07/31/2021 0.125% 07/31/2023 972,031.20 998,962.38 310.77 998,359.38 08/09/2108/06/21AaaAA+ 1,000,000.00 91282CCN9 0.21 US TREASURY N/B NOTES DTD 08/31/2021 0.125% 08/31/2023 770,528.95 794,126.28 167.43 793,695.70 09/03/2109/02/21AaaAA+ 795,000.00 91282CCU3 0.21 US TREASURY NOTES DTD 09/30/2021 0.250% 09/30/2023 2,228,843.75 2,230,149.56 487.02 2,228,933.59 04/22/2204/21/22AaaAA+ 2,300,000.00 91282CDA6 2.45 US TREASURY N/B NOTES DTD 10/31/2021 0.375% 10/31/2023 769,783.55 793,314.59 8.10 792,764.06 11/03/2111/01/21AaaAA+ 795,000.00 91282CDD0 0.52 US TREASURY NOTES DTD 11/30/2018 2.875% 11/30/2023 2,269,887.50 2,354,660.39 27,132.42 2,410,342.97 05/26/2105/25/21AaaAA+ 2,260,000.00 9128285P1 0.22 US TREASURY N/B NOTES DTD 12/31/2021 0.750% 12/31/2023 1,938,750.00 1,995,722.58 5,013.81 1,994,921.88 01/07/2201/06/22AaaAA+ 2,000,000.00 91282CDR9 0.88 US TREASURY NOTES DTD 01/15/2021 0.125% 01/15/2024 958,281.20 991,679.09 366.02 989,492.19 11/18/2111/17/21AaaAA+ 1,000,000.00 91282CBE0 0.62 US TREASURY NOTES DTD 03/15/2021 0.250% 03/15/2024 1,433,437.50 1,480,613.84 478.94 1,477,382.81 01/07/2201/06/22AaaAA+ 1,500,000.00 91282CBR1 0.95 US TREASURY N/B NOTES DTD 05/15/2021 0.250% 05/15/2024 1,878,101.56 1,972,404.33 2,277.80 1,971,219.73 05/26/2105/25/21AaaAA+ 1,975,000.00 91282CCC3 0.31 US TREASURY N/B NOTES DTD 06/15/2021 0.250% 06/15/2024 322,362.50 339,256.15 319.92 338,990.63 07/28/2107/26/21AaaAA+ 340,000.00 91282CCG4 0.35 Account 73340100 Page 4 Page 54 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 279,881.25 292,500.88 323.93 291,992.38 11/18/2111/17/21AaaAA+ 295,000.00 91282CCL3 0.76 US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 1,423,125.00 1,478,337.38 1,647.10 1,475,273.44 01/07/2201/06/22AaaAA+ 1,500,000.00 91282CCL3 1.04 US TREASURY NOTES DTD 08/31/2019 1.250% 08/31/2024 1,606,204.69 1,605,649.43 3,506.45 1,605,033.99 04/22/2204/21/22AaaAA+ 1,665,000.00 912828YE4 2.84 US TREASURY NOTES DTD 11/30/2019 1.500% 11/30/2024 1,932,500.00 2,054,278.63 12,527.47 2,073,828.13 05/26/2105/25/21AaaAA+ 2,000,000.00 912828YV6 0.44 US TREASURY NOTES DTD 12/31/2019 1.750% 12/31/2024 485,625.00 509,477.85 2,924.72 510,605.47 01/05/2201/03/22AaaAA+ 500,000.00 912828YY0 1.03 US TREASURY N/B NOTES DTD 01/15/2022 1.125% 01/15/2025 1,909,062.40 1,908,101.07 6,588.40 1,907,265.63 04/22/2204/21/22AaaAA+ 2,000,000.00 91282CDS7 2.90 US TREASURY NOTES DTD 05/31/2020 0.250% 05/31/2025 1,419,928.05 1,524,983.51 1,607.69 1,520,449.22 05/26/2105/25/21AaaAA+ 1,540,000.00 912828ZT0 0.57 US TREASURY NOTES DTD 08/31/2020 0.250% 08/31/2025 2,288,281.25 2,414,095.05 1,052.99 2,406,054.69 01/07/2201/06/22AaaAA+ 2,500,000.00 91282CAJ0 1.31 US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 454,453.10 493,966.37 466.16 492,910.16 09/03/2109/01/21AaaAA+ 500,000.00 91282CBH3 0.70 US TREASURY N/B NOTES DTD 04/30/2021 0.750% 04/30/2026 642,140.66 698,912.64 14.27 698,660.16 05/27/2105/25/21AaaAA+ 700,000.00 91282CBW0 0.79 US TREASURY NOTES DTD 05/16/2016 1.625% 05/15/2026 569,625.00 596,678.54 4,497.93 596,554.69 03/07/2203/03/22AaaAA+ 600,000.00 912828R36 1.77 US TREASURY NOTES DTD 05/31/2019 2.125% 05/31/2026 968,125.00 1,057,220.97 8,873.63 1,067,851.56 07/28/2107/26/21AaaAA+ 1,000,000.00 9128286X3 0.70 US TREASURY N/B NOTES DTD 06/30/2021 0.875% 06/30/2026 551,062.50 586,481.94 1,754.83 585,468.75 01/07/2201/06/22AaaAA+ 600,000.00 91282CCJ8 1.44 US TREASURY NOTES DTD 08/15/2016 1.500% 08/15/2026 1,882,187.60 1,878,743.31 6,215.47 1,878,046.88 04/22/2204/21/22AaaAA+ 2,000,000.00 9128282A7 3.02 Account 73340100 Page 5 Page 55 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 346,054.69 373,467.63 11.46 373,300.78 11/03/2111/01/21AaaAA+ 375,000.00 91282CDG3 1.22 US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 922,812.50 994,494.52 30.57 993,945.31 11/18/2111/17/21AaaAA+ 1,000,000.00 91282CDG3 1.25 129,230.82 36,640,249.18 37,933,573.81 1.11 38,049,776.99 38,170,000.00 Security Type Sub-Total Supra-National Agency Bond / Note INTER-AMERICAN DEVEL BK NOTES DTD 09/23/2021 0.500% 09/23/2024 345,080.13 364,784.12 192.64 364,729.90 09/23/2109/15/21AaaAAA 365,000.00 4581X0DZ8 0.52 INTL BK RECON & DEVELOP NOTES (CALLABLE) DTD 02/10/2021 0.650% 02/10/2026 1,552,521.69 1,682,745.17 2,478.94 1,679,728.05 05/26/2105/25/21AaaAAA 1,695,000.00 459058JS3 0.85 2,671.58 1,897,601.82 2,047,529.29 0.79 2,044,457.95 2,060,000.00 Security Type Sub-Total Corporate Note AMERICAN EXPRESS CO CORP NOTES (CALLABLE DTD 07/30/2019 2.500% 07/30/2024 269,575.63 283,197.26 1,737.85 284,845.00 11/23/2111/19/21A2BBB+ 275,000.00 025816CG2 1.14 NATIONAL RURAL UTIL COOP CORPORATE NOTES DTD 05/04/2022 3.450% 06/15/2025 74,461.43 74,979.75 0.00 74,979.75 05/04/2204/27/22NRA- 75,000.00 63743HFE7 3.46 MORGAN STANLEY CORPORATE NOTES DTD 01/27/2016 3.875% 01/27/2026 163,574.24 181,053.28 1,669.48 185,034.30 05/27/2105/25/21A1BBB+ 165,000.00 61746BDZ6 1.19 STATE STREET CORP (CALLABLE) CORPORATE N DTD 02/07/2022 1.746% 02/06/2026 33,354.48 35,000.00 142.59 35,000.00 02/07/2202/02/22A1A 35,000.00 857477BR3 1.75 STATE STREET CORP (CALLABLE) CORPORATE N DTD 02/07/2022 1.746% 02/06/2026 285,895.50 287,247.52 1,222.20 287,229.00 04/29/2204/27/22A1A 300,000.00 857477BR3 2.95 Account 73340100 Page 6 Page 56 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Corporate Note GOLDMAN SACHS GROUP INC CORP NOTES (CALL DTD 02/25/2016 3.750% 02/25/2026 163,641.23 179,739.05 1,134.38 183,570.75 05/27/2105/25/21A2BBB+ 165,000.00 38143U8H7 1.30 GOLDMAN SACHS GROUP INC CORP NOTES (CALL DTD 02/25/2016 3.750% 02/25/2026 173,558.87 174,895.15 1,203.12 174,895.00 04/29/2204/27/22A2BBB+ 175,000.00 38143U8H7 3.77 CITIGROUP INC CORP NOTES (CALLABLE) DTD 03/17/2022 3.290% 03/17/2026 170,202.90 171,651.73 703.69 171,647.00 04/29/2204/27/22A3BBB+ 175,000.00 172967NL1 3.82 JP MORGAN CORP (CALLABLE) NOTES DTD 03/23/2016 3.300% 04/01/2026 331,976.34 366,808.19 935.00 373,585.20 05/27/2105/25/21A2A- 340,000.00 46625HQW3 1.20 BANK OF AMERICA CORP NOTES DTD 04/19/2016 3.500% 04/19/2026 161,778.38 179,508.23 192.50 182,902.50 05/27/2105/25/21A2A- 165,000.00 06051GFX2 1.21 CITIGROUP CORP NOTES DTD 05/02/2016 3.400% 05/01/2026 165,724.33 183,890.78 2,890.00 187,113.90 05/27/2105/25/21A3BBB+ 170,000.00 172967KN0 1.29 AMAZON.COM INC CORPORATE NOTES DTD 05/12/2021 1.000% 05/12/2026 341,798.63 375,289.56 1,760.42 375,356.25 05/27/2105/25/21A1AA 375,000.00 023135BX3 0.98 IBM CORP DTD 05/15/2019 3.300% 05/15/2026 148,035.60 163,082.78 2,282.50 165,211.50 09/03/2109/01/21A3A- 150,000.00 459200JZ5 1.08 ASTRAZENECA FINANCE LLC (CALLABLE) CORP DTD 05/28/2021 1.200% 05/28/2026 136,239.75 150,699.38 765.00 150,814.50 09/03/2109/01/21A3A- 150,000.00 04636NAA1 1.08 TOYOTA MOTOR CREDIT CORP CORPORATE NOTES DTD 06/18/2021 1.125% 06/18/2026 99,892.65 109,788.10 457.19 109,755.80 09/13/2109/08/21A1A+ 110,000.00 89236TJK2 1.17 AMERICAN HONDA FINANCE CORPORATE NOTES DTD 09/09/2021 1.300% 09/09/2026 181,412.20 197,324.42 375.56 197,074.00 12/03/2112/01/21A3A- 200,000.00 02665WDZ1 1.62 BANK OF NY MELLON CORP CORPORATE NOTES DTD 07/27/2021 1.050% 10/15/2026 180,228.60 195,719.74 93.33 195,328.00 12/03/2112/01/21A1A 200,000.00 06406RAV9 1.55 Account 73340100 Page 7 Page 57 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Corporate Note JOHN DEERE CAPITAL CORP CORPORATE NOTES DTD 01/10/2022 1.700% 01/11/2027 183,720.20 198,938.79 1,048.33 198,872.00 01/13/2201/11/22A2A 200,000.00 24422EWA3 1.82 TARGET CORP CORPORATE NOTES DTD 01/24/2022 1.950% 01/15/2027 32,781.35 34,943.68 183.90 34,940.50 01/24/2201/19/22A2A 35,000.00 87612EBM7 1.99 TARGET CORP CORPORATE NOTES DTD 01/24/2022 1.950% 01/15/2027 140,491.50 145,137.13 788.12 145,041.00 03/28/2203/24/22A2A 150,000.00 87612EBM7 2.69 IBM CORP CORPORATE NOTES DTD 02/09/2022 2.200% 02/09/2027 117,226.88 120,913.37 626.39 120,833.75 03/28/2203/24/22A3A- 125,000.00 459200KM2 2.94 HONEYWELL INTERNATIONAL (CALLABLE) CORP DTD 08/16/2021 1.100% 03/01/2027 250,423.04 265,049.09 513.33 264,583.20 03/07/2203/03/22A2A 280,000.00 438516CE4 2.27 TRUIST FINANCIAL CORP NOTES (CALLABLE) DTD 03/02/2021 1.267% 03/02/2027 249,276.50 255,703.51 571.03 255,332.00 03/28/2203/24/22A3A- 275,000.00 89788MAD4 2.83 CHARLES SCHWAB CORP NOTES (CALLABLE) DTD 03/03/2022 2.450% 03/03/2027 282,366.60 284,747.26 1,184.17 284,730.00 04/29/2204/27/22A2A 300,000.00 808513BY0 3.60 BERKSHIRE HATHAWAY CORP NOTES (CALLABLE) DTD 03/15/2022 2.300% 03/15/2027 262,489.43 269,314.41 808.19 269,205.75 03/28/2203/24/22Aa2AA 275,000.00 084664CZ2 2.76 23,288.27 4,600,126.26 4,884,622.16 2.06 4,907,880.65 4,865,000.00 Security Type Sub-Total Certificate of Deposit - FDIC Insured ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 234,125.19 245,000.00 21.14 245,000.00 07/24/2007/24/20NRNR 245,000.00 29278TQD5 0.45 MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 228,774.14 245,000.00 3.69 245,000.00 07/30/2007/30/20NRNR 245,000.00 58404DHQ7 0.55 24.83 462,899.33 490,000.00 0.50 490,000.00 490,000.00 Security Type Sub-Total Account 73340100 Page 8 Page 58 For the Month Ending April 30, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Asset-Backed Security HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 67,348.17 69,986.78 17.11 69,985.24 11/24/2111/16/21AaaNR 70,000.00 43815GAC3 0.89 VALET 2021-1 A3 DTD 12/13/2021 1.020% 06/22/2026 100,764.09 104,996.23 32.73 104,995.88 12/13/2112/07/21AaaAAA 105,000.00 92868KAC7 1.02 HART 2022-A A3 DTD 03/16/2022 2.220% 10/15/2026 151,519.07 154,994.19 152.93 154,994.03 03/16/2203/09/22NRAAA 155,000.00 448977AD0 2.22 GMCAR 2022-1 A3 DTD 01/19/2022 1.260% 11/16/2026 57,477.00 59,995.09 31.50 59,994.79 01/19/2201/11/22NRAAA 60,000.00 380146AC4 1.26 COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 170,277.93 179,977.28 83.20 179,975.20 11/30/2111/18/21NRAAA 180,000.00 14041NFY2 1.04 317.47 547,386.26 569,949.57 1.37 569,945.14 570,000.00 Security Type Sub-Total 46,155,000.00 46,062,060.73 1.19 155,532.97 45,925,674.83 44,148,262.85 Managed Account Sub-Total $46,155,000.00 $46,062,060.73 $155,532.97 $45,925,674.83 $44,148,262.85 1.19% $44,303,795.82 $155,532.97 Total Investments Accrued Interest Securities Sub-Total Bolded items are forward settling trades. Account 73340100 Page 9 Page 59 For the Month Ending April 30, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration U.S. Treasury Bond / Note (7,150.69)(7,251.56) 832,912.50 99.16 HSBC 840,000.00 91282CAX9US TREASURY NOTES DTD 11/30/2020 0.125% 11/30/2022 1.58 0.59 (25,485.63)(30,000.00) 1,490,156.25 99.34 CITIGRP 1,500,000.00 912828R69US TREASURY NOTES DTD 05/31/2016 1.625% 05/31/2023 2.24 1.08 (51,719.10)(107,040.12) 2,307,550.90 100.55 HSBC 2,295,000.00 9128284S6US TREASURY NOTES DTD 05/31/2018 2.750% 05/31/2023 2.24 1.07 (13,766.70)(14,968.35) 786,553.13 98.94 NOMURA 795,000.00 912828S35US TREASURY NOTES DTD 06/30/2016 1.375% 06/30/2023 2.30 1.16 (26,931.18)(26,328.18) 972,031.20 97.20 MERRILL 1,000,000.00 91282CCN9US TREASURY N/B NOTES DTD 07/31/2021 0.125% 07/31/2023 2.40 1.26 (23,597.33)(23,166.75) 770,528.95 96.92 CITIGRP 795,000.00 91282CCU3US TREASURY N/B NOTES DTD 08/31/2021 0.125% 08/31/2023 2.48 1.34 (1,305.81)(89.84) 2,228,843.75 96.91 RBS 2,300,000.00 91282CDA6US TREASURY NOTES DTD 09/30/2021 0.250% 09/30/2023 2.48 1.42 (23,531.04)(22,980.51) 769,783.55 96.83 CITIGRP 795,000.00 91282CDD0US TREASURY N/B NOTES DTD 10/31/2021 0.375% 10/31/2023 2.54 1.50 (84,772.89)(140,455.47) 2,269,887.50 100.44 CITIGRP 2,260,000.00 9128285P1US TREASURY NOTES DTD 11/30/2018 2.875% 11/30/2023 2.59 1.55 (56,972.58)(56,171.88) 1,938,750.00 96.94 CITIGRP 2,000,000.00 91282CDR9US TREASURY N/B NOTES DTD 12/31/2021 0.750% 12/31/2023 2.64 1.66 (33,397.89)(31,210.99) 958,281.20 95.83 JPM_CHA 1,000,000.00 91282CBE0US TREASURY NOTES DTD 01/15/2021 0.125% 01/15/2024 2.64 1.71 (47,176.34)(43,945.31) 1,433,437.50 95.56 WELLS_F 1,500,000.00 91282CBR1US TREASURY NOTES DTD 03/15/2021 0.250% 03/15/2024 2.69 1.87 (94,302.77)(93,118.17) 1,878,101.56 95.09 BARCLAY 1,975,000.00 91282CCC3US TREASURY N/B NOTES DTD 05/15/2021 0.250% 05/15/2024 2.74 2.04 (16,893.65)(16,628.13) 322,362.50 94.81 MERRILL 340,000.00 91282CCG4US TREASURY N/B NOTES DTD 06/15/2021 0.250% 06/15/2024 2.78 2.12 (12,619.63)(12,111.13) 279,881.25 94.88 JPM_CHA 295,000.00 91282CCL3US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 2.78 2.20 (55,212.38)(52,148.44) 1,423,125.00 94.88 WELLS_F 1,500,000.00 91282CCL3US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 2.78 2.20 555.26 1,170.70 1,606,204.69 96.47 RBS 1,665,000.00 912828YE4US TREASURY NOTES DTD 08/31/2019 1.250% 08/31/2024 2.82 2.31 Account 73340100 Page 10 Page 60 For the Month Ending April 30, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration U.S. Treasury Bond / Note (121,778.63)(141,328.13) 1,932,500.00 96.63 GOLDMAN 2,000,000.00 912828YV6US TREASURY NOTES DTD 11/30/2019 1.500% 11/30/2024 2.86 2.53 (23,852.85)(24,980.47) 485,625.00 97.13 MORGAN_ 500,000.00 912828YY0US TREASURY NOTES DTD 12/31/2019 1.750% 12/31/2024 2.88 2.61 961.33 1,796.77 1,909,062.40 95.45 MORGAN_ 2,000,000.00 91282CDS7US TREASURY N/B NOTES DTD 01/15/2022 1.125% 01/15/2025 2.88 2.67 (105,055.46)(100,521.17) 1,419,928.05 92.20 WELLS_F 1,540,000.00 912828ZT0US TREASURY NOTES DTD 05/31/2020 0.250% 05/31/2025 2.91 3.07 (125,813.80)(117,773.44) 2,288,281.25 91.53 MORGAN_ 2,500,000.00 91282CAJ0US TREASURY NOTES DTD 08/31/2020 0.250% 08/31/2025 2.93 3.32 (39,513.27)(38,457.06) 454,453.10 90.89 NOMURA 500,000.00 91282CBH3US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 2.96 3.73 (56,771.98)(56,519.50) 642,140.66 91.73 BNP_PAR 700,000.00 91282CBW0US TREASURY N/B NOTES DTD 04/30/2021 0.750% 04/30/2026 2.96 3.93 (27,053.54)(26,929.69) 569,625.00 94.94 CITIGRP 600,000.00 912828R36US TREASURY NOTES DTD 05/16/2016 1.625% 05/15/2026 2.96 3.90 (89,095.97)(99,726.56) 968,125.00 96.81 CITIGRP 1,000,000.00 9128286X3US TREASURY NOTES DTD 05/31/2019 2.125% 05/31/2026 2.96 3.90 (35,419.44)(34,406.25) 551,062.50 91.84 WELLS_F 600,000.00 91282CCJ8US TREASURY N/B NOTES DTD 06/30/2021 0.875% 06/30/2026 2.97 4.09 3,444.29 4,140.72 1,882,187.60 94.11 MERRILL 2,000,000.00 9128282A7US TREASURY NOTES DTD 08/15/2016 1.500% 08/15/2026 2.97 4.16 (27,412.94)(27,246.09) 346,054.69 92.28 MORGAN_ 375,000.00 91282CDG3US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 2.97 4.37 (71,682.02)(71,132.81) 922,812.50 92.28 CITIGRP 1,000,000.00 91282CDG3US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 2.97 4.37 (1,409,527.81) 2.68 (1,293,324.63) 36,640,249.18 38,170,000.00 Security Type Sub-Total 2.30 Supra-National Agency Bond / Note (19,703.99)(19,649.77) 345,080.13 94.54 JPM_CHA 365,000.00 4581X0DZ8INTER-AMERICAN DEVEL BK NOTES DTD 09/23/2021 0.500% 09/23/2024 2.87 2.39 Account 73340100 Page 11 Page 61 For the Month Ending April 30, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Supra-National Agency Bond / Note (130,223.48)(127,206.36) 1,552,521.69 91.59 05/10/22KEYBANC 1,695,000.00 459058JS3INTL BK RECON & DEVELOP NOTES (CALLABLE) DTD 02/10/2021 0.650% 02/10/2026 3.02 0.07 (146,856.13) 2.99 (149,927.47) 1,897,601.82 2,060,000.00 Security Type Sub-Total 0.49 Corporate Note (13,621.63)(15,269.37) 269,575.63 98.03 06/30/24MORGAN_ 275,000.00 025816CG2AMERICAN EXPRESS CO CORP NOTES (CALLABLE DTD 07/30/2019 2.500% 07/30/2024 3.42 2.11 (518.32)(518.32) 74,461.43 99.28 RBC 75,000.00 63743HFE7NATIONAL RURAL UTIL COOP CORPORATE NOTES DTD 05/04/2022 3.450% 06/15/2025 3.69 2.99 (17,479.04)(21,460.06) 163,574.24 99.14 BNP_PAR 165,000.00 61746BDZ6MORGAN STANLEY CORPORATE NOTES DTD 01/27/2016 3.875% 01/27/2026 4.13 3.49 (1,645.52)(1,645.52) 33,354.48 95.30 02/26/25GOLDMAN 35,000.00 857477BR3STATE STREET CORP (CALLABLE) CORPORATE N DTD 02/07/2022 1.746% 02/06/2026 3.08 3.18 (1,352.02)(1,333.50) 285,895.50 95.30 02/26/25GOLDMAN 300,000.00 857477BR3STATE STREET CORP (CALLABLE) CORPORATE N DTD 02/07/2022 1.746% 02/06/2026 3.08 3.18 (16,097.82)(19,929.52) 163,641.23 99.18 11/25/25JPM_CHA 165,000.00 38143U8H7GOLDMAN SACHS GROUP INC CORP NOTES (CALL DTD 02/25/2016 3.750% 02/25/2026 3.98 3.35 (1,336.28)(1,336.13) 173,558.87 99.18 11/25/25MKTX 175,000.00 38143U8H7GOLDMAN SACHS GROUP INC CORP NOTES (CALL DTD 02/25/2016 3.750% 02/25/2026 3.98 3.35 (1,448.83)(1,444.10) 170,202.90 97.26 03/17/25GOLDMAN 175,000.00 172967NL1CITIGROUP INC CORP NOTES (CALLABLE) DTD 03/17/2022 3.290% 03/17/2026 4.06 2.76 (34,831.85)(41,608.86) 331,976.34 97.64 01/01/26JSEB 340,000.00 46625HQW3JP MORGAN CORP (CALLABLE) NOTES DTD 03/23/2016 3.300% 04/01/2026 3.96 3.48 (17,729.85)(21,124.12) 161,778.38 98.05 FIFTH_3 165,000.00 06051GFX2BANK OF AMERICA CORP NOTES DTD 04/19/2016 3.500% 04/19/2026 4.04 3.74 Account 73340100 Page 12 Page 62 For the Month Ending April 30, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Corporate Note (18,166.45)(21,389.57) 165,724.33 97.48 JPM_CHA 170,000.00 172967KN0CITIGROUP CORP NOTES DTD 05/02/2016 3.400% 05/01/2026 4.09 3.71 (33,490.93)(33,557.62) 341,798.63 91.15 UBS 375,000.00 023135BX3AMAZON.COM INC CORPORATE NOTES DTD 05/12/2021 1.000% 05/12/2026 3.37 3.94 (15,047.18)(17,175.90) 148,035.60 98.69 MORGAN_ 150,000.00 459200JZ5IBM CORP DTD 05/15/2019 3.300% 05/15/2026 3.65 3.76 (14,459.63)(14,574.75) 136,239.75 90.83 04/28/26MORGAN_ 150,000.00 04636NAA1ASTRAZENECA FINANCE LLC (CALLABLE) CORP DTD 05/28/2021 1.200% 05/28/2026 3.64 3.89 (9,895.45)(9,863.15) 99,892.65 90.81 JPM_CHA 110,000.00 89236TJK2TOYOTA MOTOR CREDIT CORP CORPORATE NOTES DTD 06/18/2021 1.125% 06/18/2026 3.53 4.03 (15,912.22)(15,661.80) 181,412.20 90.71 RBC 200,000.00 02665WDZ1AMERICAN HONDA FINANCE CORPORATE NOTES DTD 09/09/2021 1.300% 09/09/2026 3.62 4.24 (15,491.14)(15,099.40) 180,228.60 90.11 DEUTSCH 200,000.00 06406RAV9BANK OF NY MELLON CORP CORPORATE NOTES DTD 07/27/2021 1.050% 10/15/2026 3.46 4.36 (15,218.59)(15,151.80) 183,720.20 91.86 JPM_CHA 200,000.00 24422EWA3JOHN DEERE CAPITAL CORP CORPORATE NOTES DTD 01/10/2022 1.700% 01/11/2027 3.60 4.50 (2,162.33)(2,159.15) 32,781.35 93.66 CITIGRP 35,000.00 87612EBM7TARGET CORP CORPORATE NOTES DTD 01/24/2022 1.950% 01/15/2027 3.42 4.49 (4,645.63)(4,549.50) 140,491.50 93.66 STIFEL 150,000.00 87612EBM7TARGET CORP CORPORATE NOTES DTD 01/24/2022 1.950% 01/15/2027 3.42 4.49 (3,686.49)(3,606.87) 117,226.88 93.78 DEUTSCH 125,000.00 459200KM2IBM CORP CORPORATE NOTES DTD 02/09/2022 2.200% 02/09/2027 3.63 4.53 (14,626.05)(14,160.16) 250,423.04 89.44 02/01/27MORGAN_ 280,000.00 438516CE4HONEYWELL INTERNATIONAL (CALLABLE) CORP DTD 08/16/2021 1.100% 03/01/2027 3.49 4.63 (6,427.01)(6,055.50) 249,276.50 90.65 03/02/26GOLDMAN 275,000.00 89788MAD4TRUIST FINANCIAL CORP NOTES (CALLABLE) DTD 03/02/2021 1.267% 03/02/2027 3.38 3.75 Account 73340100 Page 13 Page 63 For the Month Ending April 30, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Corporate Note (2,380.66)(2,363.40) 282,366.60 94.12 02/03/27CSFB 300,000.00 808513BY0CHARLES SCHWAB CORP NOTES (CALLABLE) DTD 03/03/2022 2.450% 03/03/2027 3.79 4.50 (6,824.98)(6,716.32) 262,489.43 95.45 02/15/27CITIGRP 275,000.00 084664CZ2BERKSHIRE HATHAWAY CORP NOTES (CALLABLE) DTD 03/15/2022 2.300% 03/15/2027 3.32 4.55 (307,754.39) 3.63 (284,495.90) 4,600,126.26 4,865,000.00 Security Type Sub-Total 3.79 Certificate of Deposit - FDIC Insured (10,874.81)(10,874.81) 234,125.19 95.56 NEW ACC 245,000.00 29278TQD5ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 2.50 2.22 (16,225.86)(16,225.86) 228,774.14 93.38 NEW ACC 245,000.00 58404DHQ7MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 2.68 3.22 (27,100.67) 2.59 (27,100.67) 462,899.33 490,000.00 Security Type Sub-Total 2.72 Asset-Backed Security (2,638.61)(2,637.07) 67,348.17 96.21 MERRILL 70,000.00 43815GAC3HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 1.93 1.84 (4,232.14)(4,231.79) 100,764.09 95.97 WELLS_F 105,000.00 92868KAC7VALET 2021-1 A3 DTD 12/13/2021 1.020% 06/22/2026 2.04 1.81 (3,475.12)(3,474.96) 151,519.07 97.75 MERRILL 155,000.00 448977AD0HART 2022-A A3 DTD 03/16/2022 2.220% 10/15/2026 2.76 2.17 (2,518.09)(2,517.79) 57,477.00 95.80 BNP_PAR 60,000.00 380146AC4GMCAR 2022-1 A3 DTD 01/19/2022 1.260% 11/16/2026 2.23 2.03 (9,699.35)(9,697.27) 170,277.93 94.60 BARCLAY 180,000.00 14041NFY2COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 2.29 2.47 (22,558.88) 2.32 (22,563.31) 547,386.26 570,000.00 Security Type Sub-Total 2.14 46,155,000.00 44,148,262.85 (1,913,797.88) (1,777,411.98) 2.78 Managed Account Sub-Total 2.38 Account 73340100 Page 14 Page 64 For the Month Ending April 30, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Total Investments $44,303,795.82 $155,532.97 $44,148,262.85 Accrued Interest Securities Sub-Total $46,155,000.00 ($1,913,797.88) ($1,777,411.98) 2.78% 2.38 Bolded items are forward settling trades. Account 73340100 Page 15 Page 65 For the Month Ending April 30, 2022Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method BUY 04/22/22 US TREASURY NOTES DTD 09/30/2021 0.250% 09/30/2023 91282CDA6 (2,228,933.59)(345.63)(2,229,279.22) 2,300,000.00 04/21/22 04/22/22 US TREASURY N/B NOTES DTD 01/15/2022 1.125% 01/15/2025 91282CDS7 (1,907,265.63)(6,029.01)(1,913,294.64) 2,000,000.00 04/21/22 04/22/22 US TREASURY NOTES DTD 08/15/2016 1.500% 08/15/2026 9128282A7 (1,878,046.88)(5,469.61)(1,883,516.49) 2,000,000.00 04/21/22 04/22/22 US TREASURY NOTES DTD 08/31/2019 1.250% 08/31/2024 912828YE4 (1,927,968.75)(3,600.54)(1,931,569.29) 2,000,000.00 04/21/22 04/29/22 STATE STREET CORP (CALLABLE) CORPORATE N DTD 02/07/2022 1.746% 02/06/2026 857477BR3 (287,229.00)(1,193.10)(288,422.10) 300,000.00 04/27/22 04/29/22 CITIGROUP INC CORP NOTES (CALLABLE) DTD 03/17/2022 3.290% 03/17/2026 172967NL1 (171,647.00)(671.71)(172,318.71) 175,000.00 04/27/22 04/29/22 GOLDMAN SACHS GROUP INC CORP NOTES (CALL DTD 02/25/2016 3.750% 02/25/2026 38143U8H7 (174,895.00)(1,166.67)(176,061.67) 175,000.00 04/27/22 04/29/22 CHARLES SCHWAB CORP NOTES (CALLABLE) DTD 03/03/2022 2.450% 03/03/2027 808513BY0 (284,730.00)(1,143.33)(285,873.33) 300,000.00 04/27/22 05/04/22 NATIONAL RURAL UTIL COOP CORPORATE NOTES DTD 05/04/2022 3.450% 06/15/2025 63743HFE7 (74,979.75) 0.00 (74,979.75) 75,000.00 04/27/22 (19,619.60) (8,955,315.20)(8,935,695.60) 9,325,000.00 Transaction Type Sub-Total INTEREST 04/01/22 JP MORGAN CORP (CALLABLE) NOTES DTD 03/23/2016 3.300% 04/01/2026 46625HQW3 0.00 5,610.00 5,610.00 340,000.00 04/01/22 04/01/22 MONEY MARKET FUND MONEY0002 0.00 0.52 0.52 0.00 04/01/22 04/15/22 COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 14041NFY2 0.00 156.00 156.00 180,000.00 04/15/22 Account 73340100 Page 16 Page 66 For the Month Ending April 30, 2022Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 04/15/22 BANK OF NY MELLON CORP CORPORATE NOTES DTD 07/27/2021 1.050% 10/15/2026 06406RAV9 0.00 1,050.00 1,050.00 200,000.00 04/15/22 04/15/22 HART 2022-A A3 DTD 03/16/2022 2.220% 10/15/2026 448977AD0 0.00 277.19 277.19 155,000.00 04/15/22 04/16/22 GMCAR 2022-1 A3 DTD 01/19/2022 1.260% 11/16/2026 380146AC4 0.00 63.00 63.00 60,000.00 04/16/22 04/19/22 BANK OF AMERICA CORP NOTES DTD 04/19/2016 3.500% 04/19/2026 06051GFX2 0.00 2,887.50 2,887.50 165,000.00 04/19/22 04/20/22 VALET 2021-1 A3 DTD 12/13/2021 1.020% 06/22/2026 92868KAC7 0.00 89.25 89.25 105,000.00 04/20/22 04/21/22 HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 43815GAC3 0.00 51.33 51.33 70,000.00 04/21/22 04/24/22 ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 29278TQD5 0.00 93.64 93.64 245,000.00 04/24/22 04/30/22 MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 58404DHQ7 0.00 114.45 114.45 245,000.00 04/30/22 04/30/22 US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 91282CDG3 0.00 7,734.38 7,734.38 1,375,000.00 04/30/22 04/30/22 US TREASURY N/B NOTES DTD 10/31/2021 0.375% 10/31/2023 91282CDD0 0.00 1,490.63 1,490.63 795,000.00 04/30/22 04/30/22 US TREASURY N/B NOTES DTD 04/30/2021 0.750% 04/30/2026 91282CBW0 0.00 2,625.00 2,625.00 700,000.00 04/30/22 22,242.89 22,242.89 0.00 4,635,000.00 Transaction Type Sub-Total SELL 04/29/22 US TREASURY NOTES DTD 08/31/2019 1.250% 08/31/2024 912828YE4 242,138.67 509.51 242,648.18 1,142.58 1,069.46 FIFO 250,000.00 04/27/22 04/29/22 INTL BK RECON & DEVELOP NOTES (CALLABLE) DTD 02/10/2021 0.650% 02/10/2026 459058JS3 682,875.00 1,069.79 683,944.79 (60,367.50)(61,694.66)FIFO 750,000.00 04/27/22 05/04/22 US TREASURY NOTES DTD 08/31/2019 1.250% 08/31/2024 912828YE4 82,323.83 187.67 82,511.50 385.16 342.54 FIFO 85,000.00 04/27/22 Account 73340100 Page 17 Page 67 For the Month Ending April 30, 2022Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method 1,766.97 (60,282.66)(58,839.76) 1,009,104.47 1,007,337.50 1,085,000.00 Transaction Type Sub-Total (7,928,358.10) 4,390.26 (7,923,967.84) (58,839.76) (60,282.66)Managed Account Sub-Total Total Security Transactions ($58,839.76)($7,923,967.84)$4,390.26 ($7,928,358.10)($60,282.66) Bolded items are forward settling trades. Account 73340100 Page 18 Page 68 DATE:June 1, 2022 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Linda A. Troyan, MMC, City Clerk Services Director SUBJECT:AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) RECOMMENDATION: Staff recommends that the City Council/Board of Directors of the Fire Protection District make the following findings in order for the City’s legislative bodies to continue meeting virtually: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) the COVID-19 state of emergency continues to directly impact of the ability of the members of the City’s legislative bodies to meet safely in person. BACKGROUND: On March 4, 2020, Governor Newsom proclaimed a state of emergency to exist in California due to the spread of COVID-19. This proclamation is still in effect. The Governor subsequently issued numerous executive orders suspending or modifying state laws to facilitate the response to the emergency. Among other things, these executive orders superseded certain Brown Act requirements and established special rules to give local public agencies greater flexibility to conduct teleconference meetings. The special rules included provisions allowing local public agencies to conduct teleconference meetings without having to provide a physical location from which the public may attend or comment; without having to use teleconference locations that are publicly accessible; and without having to identify teleconference locations on the agenda. Those special rules expired on September 30, 2021. On September 16, 2021, in anticipation of then-imminent expiration of his special rules for teleconference meetings, Governor Newsom signed AB 361. In key part, this bill amends the Brown Act to establish special requirements for teleconference meetings if a legislative body of a local public agency makes two findings pursuant to Government Code Section 54953(e)(3). Like the special rules in the Governor’s executive orders, the special Brown Act requirements in AB 361 include provisions allowing public agencies to conduct teleconference meetings without having to use teleconference locations that are publicly accessible; and without having to identify teleconference locations on the agenda. The AB 361 special Brown Act requirements are scheduled be repealed on January 1, 2024. In order for a local public agency to be subject to the AB 361 special Brown Act requirements for teleconference meetings, a legislative body of a local public agency first must make a finding that it has “reconsidered” the circumstances of a declared state of emergency. Second, there must be a finding that such emergency continues to directly impact the ability of legislative body Page 69 Page 2 1 3 0 3 members to meet safely in person. Alternatively, for the second finding, there must be a finding that state or local officials continue to impose or recommend social distancing measures. These findings must be made within 30 days after the first teleconference under AB 361 and on a monthly basis thereafter. ANALYSIS: Due to the continuing, rapid spread of the Omicron and Delta variants of COVID-19, staff is recommending that the City Council make the necessary findings in order to continue holding teleconference meetings. The findings were first made at the January 5, 2022 City Council meeting. Federal and state officials continue to recommend social distancing measures, including limiting in-door gatherings, in order to limit the spread of the highly transmissible Omicron variant of COVID-19. It is expected that virtual meetings will only be conducted pursuant to AB 361 where a City Council Member or other member of a commission/committee is unable to meet in person due to exposure to COVID-19. Under AB 361, the public must also be given an opportunity to participate in a virtual meeting via a teleconference option, and the amended agenda provides call-in information. However, the public will continue to be permitted to attend the meeting in person. It is unclear if future meetings will require teleconferencing. FISCAL IMPACT: There is no fiscal impact caused by this item. The City already has the necessary equipment to hold a teleconferenced meeting. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item will allow Council Members and other commissions/committees and the public to safely participate in public meetings meeting, if necessary. ATTACHMENTS: None. Page 70 DATE:June 1, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Noah Daniels, Finance Director SUBJECT:Consideration to Receive and File the AB 1600 Development Impact Fee Report for the Fiscal Year Ended June 30, 2021. (CITY) RECOMMENDATION: It is recommended the City Council receive and file the AB 1600 Development Impact Fee Report for the Fiscal Year Ended June 30, 2021. BACKGROUND: California Government Code Sections 66000-66025 (the "Mitigation Fee Act") sets forth the legal requirements for enactment of a development impact fee program, the bulk of which was adopted as 1987's Assembly Bill (AB) 1600 and thus commonly referred to as "AB 1600 requirements". The AB 1600 requirements stipulate that fees imposed on new development have the proper nexus to any project on which they are imposed. In addition, AB 1600 requires that any local agency that imposes development impact fees prepare an annual report providing specific information about those fees as defined in Government Code Sections 66006(b) and 66001(d). Each year the City prepares the Development Impact Fee Report to meet these requirements. ANALYSIS: California Government Code Section 66006(b) requires that for each separate account or fund, the City will report the following information for the fiscal year: 1. A brief description of the type of fee in the fund 2. The amount of the fee 3. The beginning and ending balance of the account or fund 4. The amount of the fees collected and interest earned 5. An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement 6. Identification of an approximate date by which the construction of the public improvement will commence if sufficient funds have been collected 7. A description of each interfund transfer or loan made from the account or fund 8. The amount of refunds made, or due to be made, from surplus fees. Or the amount of refunds made from surplus fees California Government Code Section 66001(d) requires the local agency make all of the following findings every fifth year for that portion of the account remaining unexpended, whether committed or uncommitted: Page 71 Page 2 1 2 9 7 1. Identify the purpose of the fee 2. Demonstrate a reasonable relationship between the fee and purpose for which it is charged 3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements 4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund The AB 1600 Development Impact Fee Report for the fiscal year ended June 30, 2021, includes both the City's annual and five-year requirements. The City Council should receive this report per AB 1600 requirements. This report is available for public review with the City Clerk's office. FISCAL IMPACT: There is no fiscal impact as a result of this item. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council's core value of intentionally embracing and anticipating the future by complying with reporting requirements for revenues that mitigate development impacts. ATTACHMENTS: Attachment 1 – AB 1600 Development Impact Fee Report Page 72 ATTACHMENT 1 CITY OF RANCHO CUCAMONGA AB 1600 DEVELOPMENT IMPACT FEE REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2021 Page 73 Table of Contents Legal Requirements ................................................................................................................................1 Description of Public Facility Fees................................................................................................2-16 Current Fee Schedule ....................................................................................................................17-18 Development Impact Fee Capital Project Expenditures ........................................................19-20 Page 74 1 LEGAL REQUIREMENTS FOR DEVELOPMENT IMPACT FEE REPORTING On June 4, 1980, the City Council approved the collection of fees for park and recreational expansion in the City of Rancho Cucamonga to mitigate the impacts of future development (formerly RCMC 3.24). In the following years, the City Council approved additional development impact fees for Transportation (RCMC Chapter 3.28), Drainage Systems (RCMC Chapters 13.08 and 13.09), Community and Recreation Center (RCMC Chapter 3.52), Library (RCMC Chapter 3.56), Animal Center (RCMC Chapter 3.60), Police (RCMC Chapter 3.64), and Park In-Lieu/Park Impact (RCMC Chapter 3.68). Nexus procedures were developed to establish the relationship between the proposed development and its impact on the City. Pursuant to the Municipal Code, impact fees have been periodically updated since considering the initial Development Impact Fee Resolutions by the City Council. A. California Government Code Sections 66006(b) and 66001(d) California Government Code Section 66006(b) defines the specific reporting requirements for local agencies that impose AB 1600 DIFs on new development. Annually, for each separate fund established for the collection and expenditure of DIFs, the local agency shall make available to the public the information shown below for the most recent fiscal year. 1. A brief description of the type of fee in the fund 2. The amount of the fee 3. The beginning and ending balance of the account or fund 4. The amount of the fees collected and interest earned 5. An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement 6. Identification of an approximate date by which the construction of the public improvement will commence if sufficient funds have been collected 7. A description of each interfund transfer or loan made from the account or fund 8. The amount of refunds made due to made from surplus fees Additionally, per California Government Code Section 66001(d), every fifth year with respect to that portion of the account remaining unexpended, whether committed or uncommitted: 1. Identify the purpose to which the fee is to be put 2. Demonstrate a reasonable relationship between the fee and purpose for which it is charged 3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements 4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund C. ADDITIONAL NOTES The State of California Government Code Section 66002 states that local agencies that have developed a fee program may adopt a capital improvement plan indicating the approximate location, size, and timing of projects, plus an estimate for the cost of all facilities or improvements to be financed by fees. The City's Fiscal Year 2021/2022 Capital Improvement Program can be found on the City's website (www.cityofrc.us). Page 75 2 2 4 8 1 DESCRIPTION OF DEVELOPMENT IMPACT FEES Fund 111 – Park Land Acquisition: This fee intends to provide funding for the development and acquisition of parks. Due to the provisions of the Quimby Act applying only to land acquisition and only in residential subdivisions, separate park impact fees for park Land acquisition in non-subdivision projects and park improvements are necessary. The park fees are calculated for a single service area encompassing the entire City. Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the per capita costs and average population per dwelling unit. The impact fee per dwelling unit varies depending on the development type. Page 76 3 2 4 8 1 Fund 112 – Drainage Facilities: The City of Rancho Cucamonga is affected by surface and storm waters. The continual subdivision and development of property within the City has demanded existing facilities that handle surface and storm waters. To provide an equitable manner for the apportionment of the cost of the development of such facilities, the City Council determined that a drainage plan must be adopted and a drainage fee established to provide funds to be used for the construction of the facilities described in the drainage plan. Impact fees for this fund are calculated in accordance with Resolution No. 02-061 at a rate based on the net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Page 77 4 2 4 8 1 Fund 113 – Community and Recreation Centers: This fee relates to the City's existing community and recreation centers and the Victoria Gardens Cultural Center. The impact fees may be used for, but shall not limited to, land acquisition and site improvements, building construction/expansion, interior building improvements, furniture, fixtures and exercise equipment, sports and play equipment, special needs equipment, technical centers, and aquatic facilities. Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the per capita costs for replacement costs and the existing population. The City's community and recreation centers serve the entire City, so the Community and Recreation Center Impact Fees are calculated for a single service area encompassing the whole City. Page 78 5 2 4 8 1 Fund 114 – Drainage-Etiwanda/San Sevaine: To implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan and mitigate the drainage impacts in the Etiwanda/San Sevaine Local Drainage Area caused by new development, certain public drainage improvements must be or have to be constructed. The City Council determined that a development impact fee is needed to finance these public improvements and assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on the net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Page 79 6 2 4 8 1 Fund 115 – Drainage-Henderson/Wardman: To implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan and mitigate the drainage impacts in the Henderson/Wardman Local Drainage Area caused by new development, certain public drainage improvements must be or have to be constructed. The City Council determined that a development impact fee is needed to finance these public improvements and assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on the net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Page 80 7 2 4 8 1 Fund 116 – Etiwanda Drainage: To implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan and mitigate the drainage impacts in the Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or have to be constructed. The City Council determined that a development impact fee is needed to finance these public improvements and assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on the net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Page 81 8 2 4 8 1 Fund 118 – Etiwanda Drainage/Upper Etiwanda: To implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan and mitigate the drainage impacts in the Etiwanda Drainage/Upper Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or have to be constructed. The City Council determined that a development impact fee is needed to finance these public improvements and assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on per net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Page 82 9 2 4 8 1 Fund 119 – Park Improvement: This impact fee intends to provide funding for park improvements. Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the per capita costs and average population per dwelling unit. The impact fee per dwelling unit varies depending on the development type. Page 83 10 2 4 8 1 Fund 120 – Park Development: This fee intends to provide for the acquisition, development, and initial equipment of new parks or the expansion of land or services on existing parks in accordance with the park, parkway, and open space element of the Rancho Cucamonga General Plan. Following the adoption of Ordinance No. 865, the Park Land Acquisition, Park Improvement, and the Community and Recreation Center Impact fees replaced the fees collected under the Park Development Fee. Page 84 11 2 4 8 1 Fund 122 – South Etiwanda Drainage: To implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan and mitigate the drainage impacts in the South Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or have to be constructed. The City Council determined that a development impact fee is needed to finance these public improvements and assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on the net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Page 85 12 2 4 8 1 Fund 123 – Library: The City has two existing libraries, the Archibald Library and the Paul A. Biane Library, part of the Victoria Gardens Cultural Center. The Paul A. Biane Library includes space for future expansion, and the City will assess the need for the Joint Use Facility at The Resort. To provide funds for library facilities and materials needed to serve future development, the City Council determined that a development impact fee is necessary for land acquisition and site improvements; building construction or expansion; interior building improvements; furniture, fixtures, and equipment; library materials; theatre facilities; special needs equipment and facilities; technical centers; and special activities facilities. Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the per capita costs for library facilities and materials and the average population per dwelling unit. The impact fee per dwelling unit varies depending on the development type. Page 86 13 2 4 8 1 Fund 124 – Transportation: Certain thoroughfares and bridges must be improved or constructed to mitigate the traffic impacts caused by new development and meet the circulation element's goals and objectives. The City Council has determined that a development impact fee is needed to finance these public improvements and pay for the development's fair share of the costs of these improvements. Impact fees are calculated based on the equivalent dwelling unit based on the land use type adopted in Resolution No. 20-005. The impact fee per equivalent dwelling unit varies depending on the development type. Page 87 14 2 4 8 1 Fund 125 – Animal Center: The City's existing Animal Center is at capacity, and additional space will be needed for the growing demand imposed by future development. To meet that demand, the City Council has determined that a development impact fee is necessary for land acquisition and site improvements; building construction and expansion; interior building improvements; furniture, fixtures, and equipment; special needs equipment and facilities; veterinarian equipment and facilities; transportation facilities; kennel facilities; transportation facilities; and outdoor dog runs and play areas. Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the per capita costs for existing facilities and the average population per dwelling unit. The impact fee per dwelling unit varies depending on the development type. Page 88 15 2 4 8 1 Fund 126 – Lower Etiwanda Drainage: To implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan and mitigate the drainage impacts in the Lower Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or have to be constructed. The City Council determined that a development impact fee is needed to finance these public improvements and assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 06-032 at a rate based on the net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Page 89 16 2 4 8 1 Fund 127 – Police: The City's existing police facility is at capacity, and additional space is needed to serve the growing demand imposed by future development. The impact fee for police facilities is based on the relationship between the Police Department calls for service per year generated by existing development and the department's facilities' replacement cost. The funds will provide land acquisition and improvements; building construction; furniture, fixtures, equipment; technical centers, and transportation facilities for the City's Police Department. Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the average cost per call for service and the calls per unit. The impact fee per dwelling unit varies depending on the development type. Page 90 17 2 4 8 1 CURRENT FEE SCHEDULE Fees effective as of June 30, 2021: Park Land Acquisition Impact Fee (per dwelling unit) (ENR) Residential, Single Family (Detached)$3,773 Residential, Multi Family (Attached)$2,576 Residential, Mobile Home Park $2,018 Assisted Living Facility $1,254 Park Improvement Impact Fee (All Residential Development (per dwelling unit) (ENR) Residential, Single Family (Detached)$3,646 Residential, Multi Family (Attached)$2,489 Residential, Mobile Home Park $1,950 Assisted Living Facility $1,212 General City Drainage Fee (per net acre)$21,389 Etiwanda/San Sevaine Drainage Area Fee (per net acre) Total Fee = (1) Regional Mainline + (1) Secondary Regional + (1) Master Plan Regional Mainline Fee Upper Etiwanda $7,800 San Sevaine $2,500 Lower Etiwanda $0 Secondary Regional Fee Henderson/Wardman $6,400 Hawker-Crawford $4,700 Victoria Basin $400 Upper Etiwanda Interceptor $2,000 Master Plan Fee Upper Etiwanda $8,900 San Sevaine $2,900 Lower Etiwanda $16,500 Middle Etiwanda $32,199 Library Impact Fee (per dwelling unit) Residential, Single Family (Detached)$708 Residential, Multi Family (Attached)$484 Residential, Mobile Home Park $379 Assisted Living Facility $235 Animal Center Impact Fee (per dwelling unit) Residential, Single Family (Detached)$134 Residential, Multi Family (Attached)$92 Residential, Mobile Home Park $72 Assisted Living Facility $45 Page 91 18 2 4 8 1 Fees effective as of June 30, 2021 (Continued): Police Impact Fee Residential, Single Family (Detached) (per dwelling unit)$299 Residential, Multi Family (Attached) (per dwelling unit)$236 Residential, Mobile Home Park $144 Assisted Living Facilities (per dwelling unit)$109 Commercial/Retail KSF (per 1000 sf)$941 Office KSF (per 1000 sf)$295 Industrial KSF (per 1000 sf)$43 Hotel/Motel (per room)$145 Community and Recreation Center Impact Fee (per dwelling unit) (ENR) Residential, Single Family (Detached)$1,973 Residential, Multi Family (Attached)$1,347 Residential, Mobile Home Park $1,055 Assisted Living Facility $656 Transportation Development Fees Single Family Dwelling Unit (per unit)$12,708 Multi-Family Dwelling Unit (per unit)$7,625 Apartment or Condominium (per unit)$7,625 Senior Housing-Attached (Apartments or Condos) (per bedroom)$2,542 Nursing/Congregate Care (per bedroom)$2,542 Commercial (per 1,000 sf)$19,062 Industrial (per 1,000 sf)$7,625 Warehouse (per 1,000 sf)$6,354 Office/Business Park (per 1,000 sf)$15,250 Hotel/Motel (per room)$10,166 Self-Storage (per storage unit)$254 Day Care (per student)$3,177 Service Station (per gas pump)$63,540 Page 92 19Page 93 20Page 94 DATE:June 1, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:William Wittkopf, Public Works Services Director Richard Favela, Streets, Storm Drains, and Fleet Superintendent Ruth Cain, CPPB, Procurement Manager SUBJECT:Consideration of the Purchase of One (1) Super Cab XL with Rear Seat Deleted, Utility Bed Truck in the Amount of $61,420.40. (CITY) RECOMMENDATION: Staff recommends that the City Council authorize the purchase of one (1) Super Cab XL with Rear Seat Deleted, Utility Bed Truck from Penske Chevrolet, of Cerritos, California, in the amount of $61,420.40 in accordance with Request for Bid (“RFB”) #21/22-114 to be funded from the Equipment/Vehicle Replacement Fund (712). BACKGROUND: The Public Works Services Department (PSWD) requested to replace the Streets On-call truck, unit number 4619, because the truck has an extreme front brake pull, rendering it unsafe to operate. Fleet maintenance has gone through every avenue to repair and replace all brake system components. Furthermore, PWSD sought the advice of the City Attorney and attempted to Lemon- Law this vehicle but was not eligible under the law as a public agency. This specific truck is one of the most essential vehicles in the City’s fleet. On-call personnel utilize this vehicle to respond to a variety of after-hours requests for service from the Sheriff’s Department, the Fire District, and the Cucamonga Valley Water District. The calls for service consist of debris removal in the roadway, responding to major wind events, and street closures during an investigation or repair of City infrastructure. City Council approved the request and appropriated $75,000 on March 3, 2022, to purchase one (1) Super Cab XL with Rear Seat Deleted, Utility Bed Truck for PSWD. PWSD provided specifications to the Procurement Department for the purchase of one (1) Super Cab XL with Rear Seat Deleted, Utility Bed Truck. Procurement prepared and posted a formal Request for Bid (RFB) #21/22-114 to the City’s automated procurement system. There was a total of Two Hundred Nineteen (219) vendors that were notified and Eight (8) Prospective bidders that downloaded the solicitation documents. One (1) bid response was received. The one and only responsive vendor was Penske Chevrolet of Cerritos. ANALYSIS: After analysis of the bid response by Public Works and Procurement staff, it has been determined to be in the City’s best interest to recommend an award to Penske Chevrolet, of Cerritos, California for one (1) Super Cab XL with Rear Seat Deleted, Utility Bed Truck. All applicable solicitation documentation is on file in Planet Bids and can be accessed through the City’s website at www.cityofrc.us. Page 95 Page 2 1 2 8 0 FISCAL IMPACT: The amended FY 2021/2022 Budget includes $75,000 in account 1712001-6504 for the replacement of the Streets On-Call Truck, unit 4619. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses City Council core values by continuous improvement of our Fleet which services the community. ATTACHMENTS: None. Page 96 DATE:June 1, 2022 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:William Wittkopf, Public Works Services Director Mike McCliman, Fire Chief Neil Plummer, Facilities Superintendent SUBJECT:Consideration of a Professional Services Agreement with Able Building Maintenance for Window Cleaning Services in the amount of $96,000. (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council and Board of Directors award and authorize the execution of a Professional Services Agreement (PSA) with Able Building Maintenance to provide window cleaning services, effective July 1, 2022, for a one (1) year term with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $91,000 (City) and $5,000 (Fire), contingent upon approval of the FY 2022/2023 budget. BACKGROUND: The Public Works Services Department (PWSD), the Rancho Cucamonga Fire Protection District (RCFPD) and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. Public Works staff drafted a detailed scope of work to provide window cleaning services for City and Fire facilities. PWSD and RCFPD provided the scope of work to the Procurement Division to prepare a formal Request for Proposal (RFP). The Procurement Division prepared and posted RFP #20/21-005 to the City’s automated procurement system. There were seven hundred seventy-nine (779) vendors notified of the solicitation, twenty-five (25) prospective vendors downloaded or viewed the bid package, and three (3) responses were received. ANALYSIS: An Evaluation Committee consisting of City staff conducted a thorough analysis of the RFP responses and scored and ranked the responsive proposals in accordance with the criteria specified in the RFP. All three (3) vendors passed the initial evaluation and were invited to be interviewed and provided an opportunity to present additional information to enhance their proposal submittals. Vendors were evaluated and rated based on their presentation and responses to pre-determined questions from the Evaluation Committee. Able Building Maintenance was determined to be the most responsive contractor providing the best value while meeting the scope of services and specifications required. Therefore, staff recommends the City Council and Board of Directors award a contract to Able Building Maintenance, effective July 1, Page 97 Page 2 1 2 8 3 2022, for a one (1) year term with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $91,000 (City) and $5,000 (Fire), contingent upon approval of the FY 2022/2023 budget. FISCAL IMPACT: This contract price is within the proposed contract services budget line item in accounts 1001312 (Facilities Maintenance), 1700312 (Sports Complex) and 3281529 (Fire Facilities Maintenance) for FY 2022/2023. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses City Council core values of promoting and enhancing a safe and healthy community for all by ensuring City and Fire District facilities are properly maintained. ATTACHMENTS: None Page 98 DATE:June 1, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer SUBJECT:Consideration of Amendment No. 1 to the Cooperative Agreement (SBCTA Cooperative Agreement No. 20-1002316; City Contract No. CO2020-135) with the San Bernardino County Transportation Authority for Design and Construction of the 6th Street Cycle Track Project. (CITY) RECOMMENDATION: Staff recommends that the City Council approve the attached Amendment No. 1 to the Cooperative Agreement with the San Bernardino County Transportation Authority (SBCTA) amending the City’s and SBCTA’s financial contributions to the 6th Street Cycle Track Project, and authorize the Mayor to sign the amendment. BACKGROUND: On December 8, 2020 (approved by the City Council on June 3, 2020), the City and SBCTA entered into Cooperative Agreement No. 20-1002316 (City Contract No. CO2020-135) for the design and construction of the 6th Street Cycle Track. A vicinity map showing the location of the proposed cycle track is included as Attachment 1. This project is part of a larger regional effort being administered by SBCTA to improve active transportation infrastructure and improve bicycle and pedestrian access to the Metrolink Stations in the County of San Bernardino. Further, 6th Street is an integral part of the City’s planned bicycle network, having been designated as a Bicycle and Pedestrian Priority Street and a Bicycle Corridor in the General Plan and providing improved east-west bicycle access in and around Cucamonga Station and the City’s industrial area. ANALYSIS: The existing cooperative agreement for the project delineates the roles and responsibilities for both SBCTA and the City including provisions for the City to provide funds in the amount of $341,363 to match a grant received by SBCTA from the Active Transportation Program (ATP) Cycle 4 Call for Projects for the project. Based on the near final (95% complete) project plans, SBCTA’s design consultant prepared an updated project cost estimate for the Sixth Street Cycle Track and found that the cost for the construction was expected to far exceed the initial cost estimate. To reduce this overage, Engineering staff worked with SBCTA’s design consultant to identify areas where work could be modified or eliminated while still meeting the City’s high quality infrastructure standards and meeting the intent of the project. After accounting for these changes, an overage for the project’s estimated cost of $293,695 remained. Given the priority in ensuring the success of the project, Page 99 Page 2 1 2 9 6 City and SBCTA staff met and proposed an even split of the overage resulting in an additional contribution from the City of $146,847.50 (50% of the estimated overage). FISCAL IMPACT: Funds to cover the City’s additional contribution toward the project under the proposed agreement have been included in the draft Budget for Fiscal Year 2022/23 from the Infrastructure Fund (Fund 198) in Account No. 11983035650/2005198-1. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s vision for the City by ensuring the construction of high quality active transportation infrastructure that promotes a world class community. ATTACHMENTS: Attachment 1 – Vicinity Map Attachment 2 – Amendment No. 1 Page 100 Almo�d St \ Thoroughbred c;_,t \ Bany,ln St \ -,. Upla�d Hills Ca untry Club 14th St ·row Hwy 9th S.t St E Uth J f E 7th St E 6th St .""' n " .. :, ,. ..,, "' � rt !'l ;;: .,� ..., a< "' "' z. [D ., ""� t 4th St HIiiside Rd Banyan St Lernon Ave Alta Loma Dr Base Line Rd "S � :, .. .,Cl. :,, " "' • \. 8th St \ " ,. <( \ 'E ..� VICINITY MAP PROJECT# 800-2019-24 6 th Street Cycle Track ::i: OJ " II> :, NOTTO SCALE -�---··," Deer Creek Channel HHlslde Rd Hlllsid@ Rd Alta Lorna QJ ,. <( "C " .t:l ".. Lemon Ave ., ,. <( lli C 0 E "' "' Victoria St C:h�ffey College s�hool . Grapeland I .. < ,., :i ), " r'b • iiiiiiii\ Wilson Me ,. ATTACHMENT 1 � " � �� " "� �:--====::::::::::-/ ,::: .. ;: .. .,Etiwan� ,. � /"' " . "'. I / n ::::r.. ® "' ;' n :,-er "' Cl. )> " ,., - Arrow Rte Rancho Cuc.among a l\loirth Cucamonga w ,. <( :i: OJ Arrow Rte Jersey Blvd " " <( "'"' .: 6th St " Q r'b E :, OJ ;,, .:,;_ IIJ I "' � -. . -• Mffl Project Site .....+o! I .. r .?: ., "0 ,:_ c; "' ,. '" ·•.-er > ..,: ·5 •"' ,. -<( "' " � .c C: w ,� ., "' � ., C .Q ,. ,. .!!! o:l " Kaiser Whlttr Ave u .. ��l CJ "-0 "' gI -San Bernardina Av@ Page 101 Cooperative Agreement No. 20-1002316-01 Page 1 of 4 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. 20-1002316 FOR PLANNING AND ENVIRONMENTAL; PLANS, SPECIFICATIONS AND ESTIMATE (PS&E); RIGHT-OF-WAY (ROW); AND CONSTRUCTION FOR PHASE II OF THE RANCHO CUCAMONGA METROLINK STATION ACCESSIBILITY IMPROVEMENT PROJECT BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF RANCHO CUCAMONGA THIS AMENDMENT No. 1 to Cooperative Agreement No. 20-1002316 (referred to herein as “Amendment No. 1”) is made and entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and the City of Rancho Cucamonga (“CITY”), (SBCTA and CITY may be referred to individual herein as a “Party” and collectively as “Parties”). WHEREAS, SBCTA and City executed Cooperative Agreement No. 20-1002316 in December 2020; and WHEREAS, per the 95% engineers estimate, the construction cost has increased by $293,695, and Parties agree to a 50/50 split to cover the cost increase; and WHEREAS, this Amendment No. 1 is intended to update the Funding Table to include an additional $146,847.50 in City funding and an additional $146,847.50 in SBCTA funding for a new total Project cost of $2,000,508.00. NOW, THEREFORE, the Parties agree to the following changes: 1. Section III.B “SBCTA Responsibilities” is amended in its entirety to read as follows:-+ “B. To contribute towards the Planning, Environmental, PS&E, ROW, and Construction phases of the Phase II PROJECT an estimated $6,278,511.50. The actual cost of a specific phase or improvements within a specific city may ultimately vary and cause the total Project cost to change from the estimate provided in Attachment A. The total Project cost remaining after contribution from the CITY and other participating cities, exclusive of the ATTACHMENT 2 Page 102 Cooperative Agreement No. 20-1002316-01 Page 2 of 4 CITY-provided services specified in Part IV of this AGREEMENT, is to be borne solely by SBCTA.” 2. Section IV.B “City Responsibilities” is amended in its entirety to read as follows: “B. To contribute, within 45 days of receiving SBCTA’s invoices, the CITY share of the PROJECT’s total cost for design and construction, which is estimated to be $488,210.50. The actual cost may ultimately vary and cause the total PROJECT cost to change from the estimate provided in Attachment A. The total PROJECT costs remaining after contributions from CITY and other participating cities, exclusive of the CITY-provided services specified in Part IV of this AGREEMENT, is to be borne solely by SBCTA.” 3. Attachment A to the AGREEMENT is replaced in its entirety with the revised Attachment A attached to this Amendment No. 1. 4. Except as otherwise provided in this Amendment No. 1, all other terms and conditions of the AGREEMENT shall remain in full force and effect . 5. This Amendment No. 1 is effective upon execution by SBCTA. ------------------SIGNATURE ON THE FOLLOWING PAGE------------------ Page 103 Cooperative Agreement No. 20-1002316-01 Page 3 of 4 IN WITNESS THEREOF, the parties have duly executed this Amendment No. 1 below. SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: ____________________________ Curt Hagman President, Board of Directors Date:___________________ APPROVED AS TO FORM: By:_____________________ Juanda L. Daniel Assistant General Counsel CITY OF RANCHO CUCAMONGA By:_____________________________ L. Dennis Michael Mayor Date:___________________ APPROVED AS TO FORM AND PROCEDURE: By:_____________________ Nicholas R. Ghirelli City Attorney Page 104 Cooperative Agreement No. 20-1002316-01 Page 4 of 4 ATTACHMENT A PROJECT FUNDING TABLE Table 1. Phase II Costs for Rancho Cucamonga Metrolink Station Fund Amount City of Rancho Cucamonga ATP Local Contribution for Design and Construction $488,210.50 Project Management Cost (and other City incurred cost) $0 Total City Contribution $488,210.50 ATP / Phase II Project Funding and TDA funding allocated to Rancho Cucamonga $1,512,297.50 Total Cost $2,000,508.00 Page 105 DATE:June 1, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer Fred Lyn, Deputy Director of Engineering Services-Utilities Trina Valdez, Utilities Operations Supervisor SUBJECT:Consideration of Amendment No. 05 to the Agreement with Pacific Utility Installation, Inc. (CO19-085) in the Amount of $4,352,485, plus a 15% Contingency for the Etiwanda Avenue and Sixth Street - Electric and Fiber Line Extension Project and Authorization of an Appropriation in the Amount of $4,694,400. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the plans and specifications for the Etiwanda Avenue and Sixth Street – Electric and Fiber Line Extension Project (Project); 2. Award and authorize the execution of an amendment to the existing agreement with Pacific Utility Installation, Inc. (CO19-085), the lowest responsive bidder for the Project, in the amount of $4,352,485; 3. Authorize the expenditure of a 15% contingency in the amount of $652,915; and 4. Authorize an appropriation in the amount of $4,694,400 to Account 17053035650/1999705-0 (Etiwanda from Arrow-Whittram Ex) from Municipal Utility Fund (Fund 705). BACKGROUND: The original scope of the Electric and Fiber line extension Project on Etiwanda Avenue South of Arrow Route was originally planned to extend approximately 1,600 linear feet from the Municipal Utility’s (RCMU’s) nearest interconnection where it would connect to the starting point of the new utility infrastructure that was to be built in the new Etiwanda Grade Separation Project (EGSP). This extension was needed in order to provide RCMU electric and municipal broadband service to the newly developed or redeveloped industrial parcels on or adjacent to Etiwanda Avenue in the Southeastern portion of the City. However, due to the delay in the construction of the EGSP and the expedited completion of the entitlement process of several industrial development parcels, RCMU needed to extend its electric and fiber optic distribution line to provide the necessary electric and broadband service to these parcels in a timely manner. Therefore, the scope of this project has changed drastically from the original scope approved by the City Council in June 2021. The scope of this line extension will now extend to over 9,000 linear feet of trench and conduit backbone installation, as well as a jack and bore casing to be placed under the existing Southern California Regional Rail Authority (SCRRA) and Burlington Northern Page 106 Page 2 1 2 7 8 and Santa Fe (BNSF) railroad crossing that includes numerous existing underground utilities in Etiwanda Avenue which is a highly traveled street with a high volume of large truck traffic. Additional scope of the line extension project will also include the installation of 17 underground vaults and substructure enclosures, as well as over 13,000 feet of electric cable. ANALYSIS: A request for proposal was prepared and sent out to RCMU’s three (3) pre-qualified vendors on April 7, 2022. On May 9, 2022, two (2) bids were received for the Project. Staff reviewed the bids and found Pacific Utility Installation, Inc. as the lowest responsive bidder. Staff finds the bid to be reasonable and meets the requirements of the bid documents. A copy of Amendment No. 05 to the Agreement with Pacific Utility Installation, Inc. is on file with the City Clerk’s Office. FISCAL IMPACT: A total of $311,000 had been budgeted in Fiscal Year 2021/22 from the Municipal Utility Fund (Fund 705). An appropriation in the amount of $4,694,400 from the Municipal Utility Fund Balance (Fund 705) to Account No. 1705303-5650/1999705-0 (Capital Projects-Etiwanda from Arrow to Whittram Ex) is needed to fully fund the project. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s vision for the City by ensuring the construction and maintenance of high-quality public improvements that promote a world class community. ATTACHMENTS: None. Page 107 DATE:June 1, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:William Wittkopf, Public Works Services Director Neil Plummer, Facilities Superintendent SUBJECT:Consideration of Amendment No. 6 to the Professional Services Agreement with Commercial Cleaning Systems (CO 17-141) for Citywide Janitorial Services in an Amount Not to Exceed $1,150,000 FY 2022/2023. (CITY) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 6 to contract CO 17-141 with Commercial Cleaning Systems; extending the term of the contract to June 30, 2023, in an amount not to exceed $1,150,000 ($1,087,000 for routine maintenance and $63,000 for extra work) for FY 2022/2023 and authorize the City Manager to renew the contract annually. BACKGROUND: On June 21, 2017, City Council accepted the bids received and awarded contract CO 17-141 for “Citywide Janitorial Services” to Commercial Cleaning Systems (CCS). This contract has an option to renew in one year increments up to a total of seven years ending June 30, 2024. With the fourth year of the contract coming to an end, staff is bringing forward the contract as an option for the City Council to renew the contract with CCS for janitorial services. If approved, Amendment 6 to contract CO 17-141 will extend the term of the contract to June 30, 2023, with a 3.5% rate increase and no changes to the scope of work or other terms and conditions. ANALYSIS: Commercial Cleaning Systems has submitted a Letter of Intent expressing their desire to continue providing janitorial services to the City of Rancho Cucamonga during FY 2022/2023 with a 3.5% rate increase. This requested increase is 6.5% below the change in the March Riverside-San Bernardino-Ontario Regin Consumer Price Index (COP-U). A copy of this agreement is available in the City Clerk’s Office. CCS continues to provide great service to the City. Staff recommends the City Council approve the renewal of contract CO 17-141 effective July 1, 2022, and approve the spending limit of $1,150,000 for FY 2022/2023. FISCAL IMPACT: The contract price is within the contract services budget line items in the adopted budget for FY 2022/2023. Page 108 Page 2 1 2 8 5 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s core value of promoting and enhancing a safe and healthy community for all by ensuring City facilities are properly maintained. ATTACHMENTS: None Page 109 DATE:June 1, 2022 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:William Wittkopf, Public Works Services Director Mike McCliman, Fire Chief Neil Plummer, Facilities Superintendent SUBJECT:Consideration of Amendment No. 8 to Contract CO 16-114 with EMCOR Services/Mesa Energy Systems for Citywide HVAC Maintenance and Repair Services in an Amount Not to Exceed $502,296 (City) and $77,770 (Fire). (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council and Board of Directors approve Amendment No. 8 to contract CO 16-114 with EMCOR Services/Mesa Energy Systems extending the term of the contract to June 30, 2023, in an amount not to exceed $580,066, $502,296 for routine maintenance and extra work in City facilities and $77,770 for routine maintenance and extra work in Fire District facilities, contingent upon the approval of the FY 2022/23 budget. BACKGROUND: On April 20, 2016, the City Council accepted the bids received for citywide HVAC (heating, ventilation, air conditioning) maintenance and repairs and awarded contract CO 16-114 to EMCOR Services/Mesa Energy Systems. The initial term of the contract was one year, with the option to renew in additional one-year increments, for a maximum of six years through June 30, 2022. EMCOR provides HVAC service to all City and Fire District buildings, including all chillers, boilers, pumps, package units and cooling towers. Staff is currently revising the specifications for HVAC maintenance services. The specifications are expected to be completed in the second quarter of FY 2022/23. Once the specifications are completed, the services will be formally bid. The goal is to have the bid process completed and a new contract awarded before the end of the fiscal year. In order to provide continuity of services while the specifications are finalized and the bid process is conducted, it is necessary to extend the term of the current contract. If approved, Amendment 8 to contract CO 16-114 will extend the term of the contract to June 30, 2023 with a 3% rate increase and no change to the scope of work or other terms and conditions. Page 110 Page 2 1 2 8 4 ANALYSIS: EMCOR/Mesa has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during 2022/23 with a 3% increase to current rates. The requested increase is 7% below the change in the March Riverside-San Bernardino-Ontario Region Consumer Price Index (CPI-U). EMCOR/Mesa Energy Systems provides great service for the City and Fire District and is very knowledgeable of all HVAC systems installed in City and District facilities. Staff recommends the City Council and Board of Directors approve the renewal of contract CO 16-114 effective July 1, 2022 and approve the spending limit of $502,296 for City facilities and $77,770 for Fire District facilities for FY 2022/2023. FISCAL IMPACT: The contract price is within the contract services budget line items in the proposed budget for FY 2022/2023. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s core value of promoting and enhancing a safe and healthy community for all by ensuring City and Fire District facilities are properly maintained. ATTACHMENTS: None. Page 111 DATE:June 1, 2022 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Noah Daniels, Finance Director Darci Vogel, Fire Business Manager SUBJECT:Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 85-1, Annexation No. 22-1, and Ordering the Annexation of Such Property Located at 7878 East Avenue in Community Facilities District No. 85-1 (APN: 1100-191-04). (RESOLUTION NO. FD 2022-013) (FIRE) RECOMMENDATION: Staff recommends that the Fire Board approve a resolution declaring results of a special election in Community Facilities District No. 85-1, Annexation No. 22-1, and ordering the annexation of property located at 7878 East Avenue (the “Annexation Territory”) to Community Facilities District No. 85-1. BACKGROUND: SC Westbury Limited Partnership, owner of certain property (APN 1100-191-04) located within the Fire Protection District (the "Territory"), is conditioned by the City and Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85-1 to satisfy fire protection service mitigation impacts. On April 6, 2022, the Board declared its intention to annex APN 1100-191-04 into CFD No. 85- 1. On May 18, 2022, a public hearing was held regarding the annexation and following such hearing, the Board of Directors adopted a resolution calling for a special election to submit the qualified electors of the Annexation Territory a ballot measure pertaining to the authorization to levy a special tax within the Annexation Territory. A special election was scheduled May 18, 2022. ANALYSIS: On May 18, 2022, the landowner submitted their ballot to the Board Secretary. The Board Secretary has canvassed the ballot and completed the statement of votes cast (see Exhibit "A" of Resolution). The Landowner cast their vote unanimously in favor of the levy of the special tax in the Annexation Territory. Adoption of this resolution constitutes the formal action of the Board declaring the results of the election and the annexation of the Annexation Territory to Community Facilities District No. 85-1 and directs the recordation of an amendment to the existing Notice of Special Tax Lien. By recordation of this amendment, prospective purchasers of property within the Annexation Territory will have notice of the special tax obligation affecting such property. Page 112 Page 2 1 2 9 5 FISCAL IMPACT: The special tax revenues that are collected of the CFD No. 85-1 are used to pay for public facilities and services in the District area. Costs related to the administering of the District are the responsibility of the property owners within the District. Annexation of the property located at 7878 East Avenue will ensure the property owner covers the cost of increased demand for fire services resulting from new development within the Territory. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. Annexation of the property into CFD 85-1 ensures the delivery of vital fire and life safety services to all residents while satisfying fire protection service mitigation impacts. ATTACHMENTS: Attachment 1 – Resolution No. FD 2022-013, Election Results Attachment 2 – Annexation No. 22-1 Recorded Map Page 113 Resolution No. FD 2022-XXX Page 1 of 2 ATTACHMENT 1 RESOLUTION NO. FD 2022-XXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 22-1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the Board of Directors (the "Board of Directors") of the Rancho Cucamonga Fire Protection District, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as Community Facilities District No. 85-1 (the “District”); and, WHEREAS, the area proposed to be annexed is known and designated as Community Facilities District No. 85-1, Annexation No. 22-1 ("Annexation Territory”), and, WHEREAS, the Board of Directors called for and ordered an election to be held to submit to the qualified voters of the Annexation Territory a proposition to levy a special tax in the Annexation Territory; and, WHEREAS, at this time said election has been held and the measure voted upon did receive the favorable two-thirds (2/3) vote of the qualified voters, and the Board desires to declare the favorable results of the election and to order the annexation of the Annexation Territory to the District. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: 1. The above recitals are all true and correct. 2. The Board of Directors hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the Election Official, said Statement setting forth the number of votes cast in the election, the measure voted upon, and the number of votes given for and/or against the measure voted upon. A copy of said Certificate and Statement is attached hereto marked Exhibit "A", referenced and so incorporated. 3. The Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATEMENT OF VOTES CAST. 4. The Board of Directors hereby orders the annexation of the Annexation Territory to the District and further determines that the Board is now authorized to levy the special taxes within the Annexation Territory as approved and authorized by the qualified electors of the Annexation Territory. 5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED this ____ day of _______________, 2022. Page 114 Resolution No. FD 2022-xxx - Page 2 of 2 ATTACHMENT 1 EXHIBIT “A” CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST Page 115 ATTACHMENT 2 Page 116 DATE:June 1, 2022 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Augie Barreda, Deputy Fire Chief Michelle Cowles, Management Analyst II SUBJECT:Consideration of Resolution Approving the Annual Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire in the Amount of $181,970 for FY 2022-23. (RESOLUTION NO. FD 2022-012) (FIRE) RECOMMENDATION: Staff recommends the Fire Board adopt a Resolution approving the annual renewal of Local Responsibility Area (LRA) Wildland Protection Agreement No. 3CA05878 with the California Department of Forestry and Fire Protection (Cal FIRE) for $181,970. BACKGROUND: On October 1, 2015, Rancho Cucamonga Fire Protection District (District) contracted with Cal FIRE to provide supplemental wildland fire protection of 1,206.60 acres of wildland within the District. The Fire Board approves the renewal of the Cal FIRE agreement annually. Additionally, the City of Rancho Cucamonga annexed 4,104 acres of State Responsibility Area (SRA), known as the Etiwanda Heights Plan, into the City limits. The approval of the annexation required additional supplemental wildland fire protection from Cal Fire. The total acreage of the wildland contract for FY 2022-23 would be 5,271 acres. The wildland/urban interface area of Rancho Cucamonga is prone to wildfire. As witnessed in the October 2003 Grand Prix Fire and the April 2014 Etiwanda Fire, the magnitude of these wildfires, in terms of suppression efforts and response, far exceeds the capabilities of the District’s on-duty fire crews. Local city fire departments and districts routinely rely on mutual aid to assist each other in large-scale incidents. Mutual aid is a like-for-like provision of resources without cost to the receiving agency. The suppression of massive wildfires is enhanced by utilizing water and retardant dropping aircraft, hand crews, dozers, and various overhead management positions. These specialized resources are critical for the initial suppression of a wildland fire. The District does not have these dedicated resources or enough overhead to fill all the needed positions on a complex local mutual threat zone wildfire. The State of California realizes that fires in the Rancho Cucamonga wildland/urban interface are a mutual threat to the SRA and formulates available agreements with local agencies on a per-acre fee. Page 117 Page 2 1 3 0 6 ANALYSIS: Through this Agreement, Cal FIRE would assume the primary financial responsibility for suppressing wildland fires in the contract area. Our LRA, City incorporated land, would be supported with resources and a level of service provided on the adjacent SRA land without the significant unfunded liability burden. In the event of a significant wildfire in the contract area, fire suppression costs would likely exceed the proposed contract amount. If the Fire Board chooses not to renew the LRA Wildland Protection Agreement, the actual cost of retardant dropping aircraft, hand crews, dozers, and various overhead management positions utilized to suppress wildland fires in our LRA will be the responsibility of the Fire District. Annual amendments to the Agreement are required to reflect any changes in Cal FIRE’s costs for providing this service. FISCAL IMPACT: The FY 2022-23 LRA Wildland Protection Agreement per acre rate is $30.82, reduced from $37.58 in the current fiscal year. The total cost is $181,962.73, which includes a 12.01% administrative fee. In anticipation of this Agreement, the District budgeted funds in account 3281508-5300 (Fire Suppression/ Contract Services). COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by ensuring our City responders have the specialized resources necessary to effectively contain and suppress wildland fires ATTACHMENTS: Attachment 1 - Resolution No. FD 2022-012 Page 118 Resolution No. FD 22-XXX - Page 1 of 2 ATTACHMENT 1 2 4 7 6 RESOLUTION NO. FD 22-xxx A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE) FOR SERVICES FROM JULY 1, 2022, THROUGH JUNE 30, 2023 WHEREAS, the Rancho Cucamonga Fire Protection District (RCFPD) is a public agency and California fire protection district located in the County of San Bernardino, State of California; and WHEREAS, the wildland/urban interface area of the RCFPD and the City of Rancho Cucamonga is prone to wildfire and the magnitude of these wildfires, in terms of suppression efforts and response, far exceeds the capabilities of RCFPD on-duty crews; and WHEREAS, the suppression of large-scale wildfires is enhanced by utilizing water and retardant dropping aircraft, hand crews, dozers, and various overhead management positions; and WHEREAS, RCFPD does not have the capacity to provide firefighting aircraft, hand crews, dozers, and enough overhead management to respond to large wildland fires on a mutual aid basis; therefore, RCFPD must contract for these services; and WHEREAS, pursuant to Public Resources Code Section 4142, et seq., the California Department of Forestry and Fire Protection (CAL FIRE) may, with the approval of the Department of General Services, enter into a cooperative agreement upon such terms and under such conditions, it deems wise, for preventing and suppressing forest fires or other fires in any lands within any county, city, or district which makes an appropriation for such purpose; and WHEREAS, the purpose of an operating plan is to increase and/or enhance the fire ground operations within the CAL FIRE San Bernardino -- Rancho Cucamonga Fire Protection District Wildland Contract Area, including mutual threat zones. This plan would allow responding agencies to pre-designate the Unified Ordering point, VHF Radio Frequencies, the establishment of a Unified Command structure for wildland fires in the contract area; and WHEREAS, the Fiscal Year 2022/2023 cost for 5,271 acres is $30.82 per acre for a total cost of $181,962.73, which includes a 12.01% administrative fee. NOW, THEREFORE, THE PRESIDENT OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT HEREBY RESOLVES, as follows: 1. The facts set forth in the Recitals above are true and correct. 2. The Board of Directors of the Rancho Cucamonga Fire Protection District hereby approves the Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) dated June 1, 2022, in the total amount of $181,962.73. This agreement provides Wildland services during the State fiscal year 2022/2023. 3. The Secretary of the Rancho Cucamonga Fire Protection District shall certify to the adoption of this Resolution. BE IT FURTHER RESOLVED, the President of said Board is hereby authorized to sign and execute the Page 119 Resolution No. FD 22-XXX - Page 2 of 2 2 4 7 6 said agreement on behalf of the Rancho Cucamonga Fire Protection District. PASSED, APPROVED, AND ADOPTED this 1st day of June 2022. Page 120 DATE:June 1, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer Mario Estrada, Associate Engineer SUBJECT:Consideration to Approve Tract Map 20334, Improvement Agreement, and Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No.7, and into Street Light Maintenance District No.1 and No.7, Located on the East Side of East Avenue and South of Banyan Street at 6179 East Avenue, Related to Case No’s. SUBTT20334 and DRC2020-00139. (RESOLUTION NO. 2022-057), (RESOLUTION NO. 2022-058), AND (RESOLUTION NO. 2022-059) (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the Final Map for Tract No. 20334; 2. Approve the Improvement Agreement for related public improvements and authorize the Mayor and the City Clerk to sign said Agreement; 3. Accept security in the form of bonds for completion of the related public improvements. 4. Approve the plans and specifications for the related public improvements on file with the City Engineer; and 5. Adopt the attached resolutions ordering the annexation to Landscape Maintenance District No.7, and Street Light Maintenance District No.1 and No.7. BACKGROUND: On May 26, 2021, the Planning Commission approved Case No. SUBTT20334 to subdivide 10.24 acres of land into 17 lots, located on the east side of East Avenue and south of Banyan Street at 6179 East Avenue. Case No. SUBTT20334 was approved with a condition that certain public improvements be constructed including street improvements, curb and gutter, driveway approaches, streetlights, street trees, and storm drain improvements. ANALYSIS: The developer, Manning Homes, East Ave, LLC has submitted an Improvement Agreement and securities to guarantee construction of the off-site public improvements in the following amounts: Faithful Performance Bond No: PB00618100124 $1,113,600 Labor and Material Bond No: PB00618100124 $1,113,600 Page 121 Page 2 1 2 8 1 Additionally, the developer submitted the Final Map for Tract No. 20334 for consideration of approval, and Staff has determined that the Final Map is in substantial conformity with the approved Tentative Tract Map and conditions. Approval of this item by the Council would approve the Improvement Agreement, accept the securities for the construction of certain public improvements, approve the Final Map for Tract No. 20334, and adopt the attached resolutions ordering the annexation to Landscape Maintenance District No.7, and Street Light Maintenance District No.1 and No.7. Copies of the Improvement Agreement are on file in the City Clerk’s Office. FISCAL IMPACT: The proposed annexations would satisfy the conditions of approval for the development and supply additional annual revenue to the landscape and lighting maintenance districts in the following amounts: Landscape Maintenance District No.7: $ 5,219.85 Street Lighting Maintenance District No.1: $ 302.09 Street Lighting Maintenance District No.7: $ 566.44 The developer will be installing 45 new street trees and 12 new streetlights that will be maintained by the City. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s vision for the City by ensuring the construction of high- quality development that promotes a world class community. ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 - Resolution LMD 7 Attachment 3 - Resolution SLD 1 Attachment 4 - Resolution SLD 7 Page 122 ATTACHMENT 1 SUBTT20334 VICINITY MAP NOT TO SCALE Page 123 ATTACHMENT 2 Resolution No. XXX-XXX – Page 1 of 5 2 4 5 1 RESOLUTION NO. XX - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR PROJECT CASE NO. SUBTT20334 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Landscape Maintenance District No. 7 (North Etiwanda) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Page 124 Resolution No. XXX-XXX – Page 2 of 5 2 4 5 1 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2022. Page 125 Resolution No. XXX-XXX – Page 3 of 5 2 4 5 1 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: Manning Homes East Ave., LLC 20151 SW Birch Street (Suite 150) Newport Beach, CA 92660 The legal description of the Property is: Being a Subdivision of Portions of Lots 3 and 4 of Block “F”, as shown on the Preliminary Map of the Etiwanda Colony Lands, as per Map Recorded in Book 2, Page 24 of Maps, in the Office of the County Recorder of said County, all within the Northwest ¼ of the Southeast ¼ of Section 28, Township 1 North, Range 6 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California. Assessor’s Parcels Numbers of the Property: 0225-191-17 and 0225-191-09 Page 126 Resolution No. XXX-XXX – Page 4 of 5 2 4 5 1 Exhibit B Description of the District Improvements Fiscal Year 2021/22 Landscape Maintenance District No. 7 (North Etiwanda): Landscape Maintenance District No. 7 (North Etiwanda) (the “Maintenance District”) represents landscape sites throughout the Etiwanda North Area. The various sites maintained by the district consist of parkways, median islands, paseos, street trees, community trails and Etiwanda Creek Park. Proposed additions to the Improvements for Project Case No. SUBTT20334: Forty-five (45) Street Trees. Page 127 Resolution No. XXX-XXX – Page 5 of 5 2 4 5 1 Exhibit C Proposed Annual Assessment Fiscal Year 2021/22 Landscape Maintenance District No. 7 (North Etiwanda): The rate per Equivalent Benefit Unit (EBU) is $307.05 for the fiscal year 2021/22. The following table summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda) for SUBTT20334: Land Use Basis EBU Factor* Rate per EBU* Single Family Residential Parcel 1.00 $307.05 The proposed annual assessment for the property described in Exhibit A is as follows: __17__ Parcels x __1__ EBU Factor x $307.05 Rate per EBU = $ 5,219.85_ Annual Assessment Page 128 ATTACHMENT 3 Resolution No. XX-XXX – Page 1 of 5 2 4 5 2 RESOLUTION NO. XX - XXX 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 PROJECT CASE NO. SUBTT20334 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Page 129 Resolution No. XX-XXX – Page 2 of 5 2 4 5 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2022. Page 130 Resolution No. XX-XXX – Page 3 of 5 2 4 5 2 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: Manning Homes East Ave., LLC 20151 SW Birch Street (Suite 150) Newport Beach, CA 92660 The legal description of the Property is: Being a Subdivision of Portions of Lots 3 and 4 of Block “F”, as shown on the Preliminary Map of the Etiwanda Colony Lands, as per Map Recorded in Book 2, Page 24 of Maps, in the Office of the County Recorder of said County, all within the Northwest ¼ of the Southeast ¼ of Section 28, Township 1 North, Range 6 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California. Assessor’s Parcels Numbers of the Property: 0225-191-17 and 0225-191-09 Page 131 Resolution No. XX-XXX – Page 4 of 5 2 4 5 2 Exhibit B Description of the District Improvements Fiscal Year 2021/22 Street Light Maintenance District No. 1 (Arterial Streets): Street Light Maintenance District No. 1 (Arterial Streets) (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. Proposed additions to the Improvements for Project Case No. SUBTT20334: Two (2) LED Street Lights. Page 132 Resolution No. XX-XXX – Page 5 of 5 2 4 5 2 Exhibit C Proposed Annual Assessment Fiscal Year 2021/22 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for SUBTT20334: Land Use Basis EBU Factor* Rate per EBU* Single Family Residential Parcel 1.00 $17.77 Multi-Family Residential Parcel 1.00 17.77 Non-Residential Acre 2.00 17.77 The proposed annual assessment for the property described in Exhibit A is as follows: __17__ Parcels x __1__ EBU Factor x $17.77 Rate per EBU = $_302.09__ Annual Assessment Page 133 ATTACHMENT 4 Resolution No. XXX-XXX – Page 1 of 5 2 4 5 3 RESOLUTION NO. XX - XXX 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. 7 (NORTH ETIWANDA) FOR PROJECT CASE NO. SUBTT20334 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 7 (North Etiwanda) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; Page 134 Resolution No. XXX-XXX – Page 2 of 5 2 4 5 3 (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2022. Page 135 Resolution No. XXX-XXX – Page 3 of 5 2 4 5 3 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: Manning Homes East Ave., LLC 20151 SW Birch Street (Suite 150) Newport Beach, CA 92660 The legal description of the Property is: Being a Subdivision of Portions of Lots 3 and 4 of Block “F”, as shown on the Preliminary Map of the Etiwanda Colony Lands, as per Map Recorded in Book 2, Page 24 of Maps, in the Office of the County Recorder of said County, all within the Northwest ¼ of the Southeast ¼ of Section 28, Township 1 North, Range 6 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California. Assessor’s Parcels Numbers of the Property: 0225-191-17 and 0225-191-09 Page 136 Resolution No. XXX-XXX – Page 4 of 5 2 4 5 3 Exhibit B Description of the District Improvements Fiscal Year 2021/22 Street Light Maintenance District No. 7 (North Etiwanda): Street Light Maintenance District No. 7 (North Etiwanda) (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the North Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day Creek Channel and north of Highland Avenue within the incorporated area of the City. The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the North Etiwanda area. Proposed additions to the Improvements for Project Case No. SUBTT20334: Ten (10) LED Street Lights. Page 137 Resolution No. XXX-XXX – Page 5 of 5 2 4 5 3 Exhibit C Proposed Annual Assessment Fiscal Year 2021/22 Street Light Maintenance District No. 7 (North Etiwanda): The rate per Equivalent Benefit Unit (EBU) is $33.32 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda) for SUBTT20334: Land Use Basis EBU Factor* Rate per EBU* Single Family Residential Unit 1.00 $33.32 Multi-Family Residential Unit 0.50 33.32 Non-Residential Acre 2.00 33.32 The proposed annual assessment for the property described in Exhibit A is as follows: __17__ Parcels x __1__ EBU Factor x $33.32 Rate per EBU = $_566.44__ Annual Assessment Page 138 DATE:June 1, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Tabe van der Zwaag, Associate Planner SUBJECT:Consideration to Adopt a Resolution Approving a Determination of Public Convenience or Necessity (DRC2022-00035): Located at 12730 Foothill Boulevard – Public Convenience or Necessity DRC2022-00035 – L’Auberge Bakery and Market - A Request for a Public Convenience or Necessity (PCN) Determination for Alcoholic Beverage Sales for Off-Site Consumption (Type-20 Off-Sale Beer and Wine) for a 5,543 Square Foot International Bakery and Market Located in the Community Commercial (CC) District and the Foothill Boulevard Overlay District of the Foothill Boulevard Specific Plan – APN: 1090-601-18. This Project is Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption – Existing Facilities). (RESOLUTION NO. 2022-056) (CITY) RECOMMENDATION: Staff recommends that the City Council approve the determination of Public Convenience or Necessity DRC2022-00035 for L’auberge Bakery and Market located at 12730 Foothill Boulevard through the adoption of the attached Resolution of Approval and forward a copy to the Department of Alcoholic Control (ABC). BACKGROUND: On May 5, 2021, the Planning Department approved a policy that supports the approval of alcohol licenses within an over-concentrated census tract. This revised policy, included with this report as Attachment #6, establishes that PCN determinations will not be recommended by staff for businesses in areas where the number of off-site alcoholic beverage retail licenses are over- concentrated. Certain exceptions may be granted for businesses that meet the following criteria: 1. The surrounding census tracts are not over-concentrated; 2. The census tract does not have a higher rate of DUI arrests or criminal activity than the City average when taken as a whole for the preceding 3 years; 3. There are no sensitive receptors such as schools, churches, preschools, daycare centers, parks community centers, or other businesses where children are known to congregate within 2 blocks in any direction of the subject business; 4. The business would not operate 24-hours a day; 5. The business will provide for crime prevention through environmental design measures as recommended by the Police Department and approved by the Planning Department; Page 139 Page 2 1 2 6 2 6. A business that wants to obtain an off-site alcohol beverage license located within an over- concentrated census tract may also be recommended for approval if: The business provides a unique product offering not generally or readily found within the City of Rancho Cucamonga. Some examples, not intended to be exhaustive, of a unique product offering, would include a distillery/brewery/winery that had both on-sale and off-sale licenses or a specialty retailer that carried a substantial offering of unique imported products not otherwise readily available; or The business is a grocery store that is 20,000 square feet or larger and where the sale of alcohol does not constitute more than 10% of the product display floor area, and which is not located within ½ mile of other grocery stores that exist within the City boundaries. On January 20, 2022, the applicant submitted a Public Convenience or Necessity application (DRC2022-00035) for a Type-21 Off-Sale ABC license to the Planning Department for review. The application involves a proposal to sell beer and wine with a Type-20 Off-Sale alcohol license in conjunction with an international bakery and market. Due to the over-concentration of alcohol licenses within the subject census tract (20.47), a determination of Public Convenience or Necessity (PCN) is required before ABC can issue the related alcohol license. A maximum of two (2) off-sale alcohol licenses are permitted within the census tract (20.47). With the addition of L’auberge Bakery and Market, there will be 5 off-sale alcohol licenses within the subject census tract (see Attachment #4 for a list of existing off-sale alcohol licenses within the subject census tract). ANALYSIS: L’auberge Bakery and Market is requesting to devote 220 square feet of the 5,543 square foot bakery and international food market for the sale of beer and wine. The bakery and market sells a variety of foods including fresh baked goods, fresh meats and cold cuts, cheeses, dry goods, and an assortment of refrigerated and frozen foods and beverages. The bakery and market will operate 7 days per week from 8:00 a.m. to 9:00 p.m. The Department of Alcoholic Beverage Control (ABC) regulates the distribution of liquor licenses by setting limits on the various types of licenses in each census tract. The limits are calculated based on the ratio of liquor licenses to the population within a given census tract and are regulated by Section 23958 of the California Business and Professional Code. In cases where a census tract exceeds the limit, a finding of Public Convenience or Necessity (PCN) is required by the local agency, which in Rancho Cucamonga is the City Council. The legislation purposely left the term Public Convenience or Necessity undefined so that the local legislative body, in this case, the City Council, would have the greatest latitude for discretion based on the local conditions and circumstances. Facts to Support a Public Convenience or Necessity Determination: The following are facts to support the requested Public Convenience or Necessity. Fact #1: An international bakery and market selling beer and wine are a common and acceptable business practice. Fact #2: The site is located at 12730 Foothill Boulevard, on the north side of Foothill Boulevard approximately 600 feet west of Etiwanda Avenue. Foothill Boulevard is designated as a major thoroughfare and the site is suited for this type of business. Page 140 Page 3 1 2 6 2 Fact #3: The Census Tract in which the site is located (20.47) currently contains four (4) off-sale ABC licenses. This includes two service stations (Chevron (8075 Monet Avenue) and Union 76 (11920 Foothill Boulevard)), Beverages and More (12204 Foothill Boulevard) and Raw Class Wine and Spirits (12838 Foothill Boulevard). Fact #4: The business is located within a retail/restaurant shopping center, which does not contain any sensitive users, such as daycare facilities, schools, and/or churches. The site, though, is located adjacent to Sacred Heart Church and school (12704 Foothill Boulevard). Fact #5: Rancho Cucamonga residents would be afforded more convenient opportunities with the addition of beer and wine sale in conjunction with an international bakery and market. It is common for gourmet markets to include limited beer and wine sales. In this case, approximately 220 square feet will be allocated for the display and sale of beer and wine. Environmental Assessment: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301, which covers the permitting of existing structures that involve negligible or no expansion of use beyond the existing at the time of the lead agency’s original determination. The project consists of issuing a Public Convenience or Necessity determination for a new business with minor interior modifications of the building. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment in that the building was intended to be used by a commercial tenant. The City Council has reviewed the Planning Department’s determination of exemption, and based on its own independent judgment, concurs with the staff’s determination of exemption. CONCLUSION: Based on the above analysis, staff finds that the Department of Alcoholic Beverage Control Off- Sale beer and wine license (Type-20) at the site will not have a negative impact on the surrounding uses. ATTACHMENTS: Attachment 1– Aerial Image Showing Project Location Attachment 2 – Project Site Plan Attachment 3 – Floor Plan Attachment 4 – ABC List of Existing Off-Sale Licenses for Census Tract 20.47 Attachment 5 - Census Tract 20.47 Attachment 6 – Applicant Letter Requesting PCN Attachment 7 – PCN Determination Policy Attachment 8 – DRC2022-00035 Resolution of Approval Page 141 Attachment 1 Page 142 Attachment 2 Page 143 Attachment 3 Page 144 Attachment 4 Page 145 Attachment 5 Page 146 Attachment 6Page147 Attachment 7Page148 Attachment 6 Page 149 RESOLUTION NO. 2022-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY (DRC2022-00035) FOR ALCOHOLIC BEVERAGE SALES FOR OFF-SITE CONSUMPTION (TYPE-20 OFF-SALE BEER AND WINE) FOR AN INTERNATIONAL BAKERY AND MARKET (L’AUBERGE) LOCATED IN THE COMMUNITY COMMERCIAL (CC) DISTRICT AND THE FOOTHILL BOULEVARD OVERLAY DISTRICT OF THE FOOTHILL BOULEVARD SPECIFIC PLAN AT 12730 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF– APN: 1090-601-18 A. Recitals. WHEREAS L’Auberge Bakery and Market filed an application for a Public Convenience or Necessity determination DRC2022-00035 as described in the title of this Resolution for a Type-20 (off-sale beer and wine) license from the Department of Alcoholic Beverage Control (ABC). Hereinafter in this Resolution, the subject Public Convenience or Necessity request is referred to as "the application." WHEREAS, Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination on whether the issuance of the said license will service the public convenience or necessity. WHEREAS, On the 1st h day of June 2022, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. WHEREAS, 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 City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 substantial evidence presented to this Council during the above- referenced public hearing on May 18, 2022, including written and oral staff reports, this Council hereby specifically finds as follows: a. The site is located with Census Tract 20.47 on property addressed 12740 Foothill Boulevard, on the north side of Foothill Boulevard 600 feet west of Etiwanda Avenue; and b. The California Department of Alcoholic Beverages Control permits up to two active off-sale retail licenses to exist within Census Tract 20.47 and four (4) licenses currently exist in the census tract. This includes two service stations (Chevron (8075 Monet Avenue) and Union 76 (11920 Foothill Boulevard)), Beverages and More (12204 Foothill Boulevard) and Raw Class Wine and Spirits (12838 Foothill Boulevard); and Attachment 8Page150 2 4 0 3 c. The request for a fifth off-sale retail license will overconcentrate the census tract. Pursuant to Business and Professions Code Section 23958.4 an “undue concentration” of off-sale retail license applications exists under either of the following two scenarios: (1) “The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes . . . than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency;” or (2) “the ratio of off-sale retail licenses to the population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to the population in the county in which the applicant premises are located.” According to ABC’s online database, Census Tract 20.47 has four (4) existing off-sale licenses. This means an undue concentration of off-sale licenses exists within the census tract if another off-sale license is issued; and d. The business is located within a retail shopping center, which does not contain any sensitive users, such as daycare facilities, schools, and/or churches. The project site, though, is directly adjacent to a church that includes a private school; and e. Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the addition of a grocery store that sells beer and wine; and f. With the imposition of a condition recommended by the City and set forth in Section 5, the retailer will operate the business in a manner that would not result in a change of use from a market to a liquor store in violation of the City's Development Code; and 3. Based upon the findings set forth in paragraphs 1 and 2 above, and with the Condition of approval specified in Section 5, this City Council concludes that the issuance of an off-sale beer and wine license for L’auberge Bakery and Market will not have a negative impact on the surrounding uses. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this City Council hereby determines that with the imposition of the condition specified in Section 5, the issuance of an off-sale liquor license for L’auberge Bakery and Market will service the Public Convenience or Necessity. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above, this City Council hereby approves the request for a Public Convenience or Necessity determination subject to the conditions set forth below, Planning Department: 1. The area devoted to the display and sale of alcoholic beverages shall be limited to a maximum of 10 percent of the net floor area. Any increase above and beyond this limit will result in Code Enforcement action and ultimately the revocation of the store's business license. 6. The City Clerk shall certify the adoption of this Resolution. Page 151 2 4 0 3 PASSED, APPROVED, AND ADOPTED THIS 1st DAY OF June 2022, by the following vote to wit: AYES:( ) NOES:( ) ABSENT:( ) ABSTAIN:( ) __________________________________ L. Dennis Michael, Mayor ATTEST: ___________________________________ Janice C. Reynolds, City Clerk APPROVED AS TO FORM: ________________________________ Nicholas R. Ghirelli, City Attorney Page 152 DATE:June 1, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer SUBJECT:Consideration of a Resolution Approving Master Agreement No. 08- 5420S21 for Administration of State Grant Funding and Program Supplement Agreement No. 000000Z67 for Administration of State Highway Safety Improvement Program Grant Funds for the 2022 HSIP Traffic Signal Modifications at Various Locations Project with the California Department of Transportation and Authorizing the City Manager or Designee, to Approve and Execute Project Related Documents and Future Program Supplement Agreements. (RESOLUTION NO. 2022- 060) (CITY) RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution approving Master Agreement No. 08-5420S21 and Program Supplement Agreement No. 000000Z67 with the California Department of Transportation (Caltrans) and authorize the City Manager or designee to approve and execute project related documents and future program supplement agreements related to the subject Master Agreement. BACKGROUND: In 2020, the City submitted a grant application to Caltrans for the 2022 HSIP Traffic Signal Modifications at Various Locations Project (Project) as part of the HSIP Cycle 10 Call-for-Projects. The application was successful and the City has been awarded $162,600 toward design and construction of the Project. The Project will upgrade the left turn phasing at seven locations across the City from the current five-section “doghouse” style protected-permissive configuration to the City’s current standard which utilizes a four-section flashing yellow arrow configuration. The new configuration will continue to allow for both protected left turns when a green arrow is shown and permissive turns (i.e., left turns are allowed after yielding to oncoming traffic) when a flashing yellow arrow is displayed. However, the flashing yellow arrow provides for additional visual reinforcement of the need for drivers to yield to oncoming traffic when making a permissive left turn. The Project’s plans and specifications have been completed and construction is anticipated to begin later this year. ANALYSIS: In addition to a number of policies, administration of State and Federal grant funding under the purview of Caltrans is also governed by Master Agreements and project specific Program Supplement Agreements between Caltrans and grant recipients. Each grant recipient enters into a Master Agreement for each type of funding being granted (i.e., State, Federal, State and Page 153 Page 2 1 3 1 1 Federal, etc.). These Master Agreements remain in effect until superceded by a later version of the agreement. Caltrans has updated its Master Agreement for State funding and is requiring that the City execute the new agreement as a condition for receiving HSIP funding for this project. Further, Caltrans issues a Program Supplement Agreement for each indivual grant award that must also be approved by the City. The Program Supplement Agreement provides project specific details and conditions related to the administration of the project’s grant funds. The updated Master Agreement and Project-specific Program Supplement Agreement are attached for reference along with a resolution authorizing their execution for the City Council’s consideration. Additionally, the resolution would authorize the City Manager or designee to execute any project related documents as well as future Program Supplement Agreements related to the subject Master Agreement. This authorization would streamline the implementation process for grant funded projects in the future. FISCAL IMPACT: Under the grant award, a total of $162,600 will be eligible for reimbursement for the 2022 HSIP Traffic Signal Improvements at Various Locations Project. This reimbursement requires a minimum local match of $162,200. Funding for the local match has been included in the Fiscal Year 2021/22 Budget from the Gas Tax (Fund 174) and Transportation (Fund 124) Funds. No additional funding is required as a result of this action. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s Core Values by promoting and enhancing a safe and healthy community for all through the construction of traffic signal modifications that will provide for improved safety of the City’s transportation system. ATTACHMENTS: Attachment 1 – Resolution No. 2022-060 Attachment 2 - Master Agreement No. 08-5420S21 Attachment 3 - Program Supplement Agreement No. 000000Z67 Page 154 Resolution No. 2022-XXX - Page 1 of 1 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF MASTER AGREEMENT NO. 08- 5420S21 FOR ADMINISTRATION OF STATE GRANT FUNDS AND PROGRAM SUPPLEMENT AGREEMENT NO. 000000Z67 FOR THE 2022 HSIP TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS LOCATIONS PROJECT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CALIFORNIA DEPARTMENT OF TRANSPORATION AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE PROJECT RELATED DOCUMENTS AND FUTURE PROGRAM SUPPLEMENT AGREEMENTS WHEREAS, the City Council of the City of Rancho Cucamonga (hereinafter referred to "Administering Agency"), has for its consideration the execution of Master Agreement No. 08- 5420S21 for administration of State grant funds; and WHEREAS, the Administering Agency also has for its consideration the execution of Program Supplement No. 000000Z67 to Master Agreement No. 08-5420S21 authorizing payment of State funds for the 2022 HSIP Traffic Signal Improvements at Various Locations Project (Project); and WHEREAS, the State of California, Department of Transportation, (hereinafter referred to as "State") processes and monitors State funded projects; and WHEREAS, as a condition to payment of State funds for said projects, the Administering Agency shall approve and execute said Master Agreement and Project Supplement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, to the following: 1.Authorize the execution of Master Agreement No. 08-5420S21 for administration of State grant funds. 2.Authorize the execution of Program Supplement Agreement No. 000000Z67 to Master Agreement No. 08-5420S21 for payment of State funds for the Project. 3.Authorize the City Manager, or designee, to execute said Master Agreement and Program Supplement Agreement and direct the City Clerk to attach a certified copy of this Resolution, as well as type in the Resolution Number and Date in the said Agreements and for the return of the originals copies of said Agreements to the State of California Department of Transportation along with the certified copy of this Resolution. 4.Authorize the City Manager, or designee, to execute future Program Supplement Agreements subject to Master Agreement No. 08-5420S21. BE IT FURTHER RESOLVED that the Administering Agency shall also comply with the "Special Covenants or Remarks" attached to the Program Supplement Agreement. ATTACHMENT 1 Page 155 MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE-FUNDED PROJECTS 08 City of Rancho Cucamonga -------- ---------------------------------------------- District Administering Agency Agreement No. 08-5420S21 This AGREEMENT, is entered into effective this _______ day of __________, 20___, by and between the City of Rancho Cucamonga, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY." RECITALS: 1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and 2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and 3. WHEREAS, said PROJECT will not receive any federal funds; and 4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: Page of 161 ATTACHMENT 2 Page 156 ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY. 2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work. 3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing. 5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT. 7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE. 8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA). Page of 162 Page 157 9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration. 10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work. 12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT. 13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual. 14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities. Page of 163 Page 158 15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT. 18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT. 20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award. 21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual. 22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA. Page of 164 Page 159 23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement. 24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY. ARTICLE II - RIGHTS-OF-WAY 1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract. 2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise. (a) Expenditures of capital and support to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. Page of 165 Page 160 (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made. 3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. ARTICLE III - MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. Page of 166 Page 161 4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards. ARTICLE IV - FISCAL PROVISIONS 1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC. 2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter. 3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period 4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included. 5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY. 7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE. Page of 167 Page 162 8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. 9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter. 10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds. 11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs. 12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE. 14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter. 15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess Page of 168 Page 163 of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand. 16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326. 17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments. ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies. 18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations. 19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual. 20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY. 21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is Page of 169 Page 164 constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. 22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. ARTICLE V AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY. 4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds. Page of 1610 Page 165 5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for A&E Consultant Contracts. 6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335-10381 for other professional service contracts. 7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures. 9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries. ARTICLE VI - MISCELLANEOUS PROVISIONS 1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws. 2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT. 3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE. Page of 1611 Page 166 5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT. 6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT. 10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT. 11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. Page of 1612 Page 167 12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager. 13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT. 15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY. 17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE. 18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the Page of 1613 Page 168 extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. 19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT. 20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer. STATE OF CALIFORNIA City of Rancho Cucamonga DEPARTMENT OF TRANSPORTATION By______________________________ By_______________________________ ________________________________ _______________________________ Chief, Office of Project Implementation City of Rancho Cucamonga Division of Local Assistance Representative Name & Title (Authorized Governing Body Representative) Date __________________________ Date __________________________ Page of 1614 Page 169 EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. Page of 1615 Page 170 (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. Page of 1616 Page 171 000000Z67 FOR STATE FUNDED PROJECTS NO 08-5420S21 0822000088 March 11, 2022 08-SBD-0-RCUC HSIPSL-5420(025) 5420 This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency-State Agreement No. 08-5420S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No.approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. Banyan St/East Ave, Base line Rd/Mountain View Dr, Millennium Ct/ Miliken Ave, Vintage Dr/Miliken Ave, Church St/Miliken Ave, TerraVista Pkwy W/Churt St, and Base Line Rd/Beryl St Upgrade Signals 0.0(MILES) State FundsEstimated Cost Matching Funds CITY OF RANCHO CUCAMONGA By ________________________________By ________________________________ Title _______________________________ Date _______________________________ Attest _______________________________Date _______________________________ Division of Local Assistance I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer _______________________Date _______________ PROGRAM SUPPLEMENT NO. to ADMINISTERING AGENCY-STATE AGREEMENT Adv. Project ID Date: Location: Project Number: E.A. Number: Locode: PROJECT LOCATION: TYPE OF WORK:LENGTH: LOCAL OTHER $57,500.00 $0.00 $28,750.00 Chief, Office of Project Implementation STATE OF CALIFORNIA Department of Transportation $28,750.00 STATE $28,750.00 1Page of 3Program Supplement 08--542-Z67- SERIAL 3/11/22 12/22/21 ATTACHMENT 3 Page 172 SPECIAL COVENANTS OR REMARKS 08-SBD-0-RCUC HSIPSL-5420(025) 1.A. This PROJECT has received STATE funds from Highway Safety Improvement Program (HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program (HSIP) Guidelines, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT. B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering (PE), Right-of-Way (R/W) and Construction (Con). A phase-specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase-specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase. C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated. D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof. E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https://dot.ca.gov/programs/local-assistance/fed- and-state-programs/highway-safety-improvement-program/delivery-requirements-status- approved-projects. F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase. G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and 2Page of 3Program Supplement 08--542-Z67- SERIAL Page 173 SPECIAL COVENANTS OR REMARKS 08-SBD-0-RCUC HSIPSL-5420(025) payment. H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions. I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects). J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes. K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 3Page of 3Program Supplement 08--542-Z67- SERIAL Page 174 DATE:June 1, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matthew R. Burris, AICP, LEED AP, Deputy City Manager – Community Development, Interim Planning Director Jennifer Nakamura, Deputy Director of Planning SUBJECT:Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT ADOPTING A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, ADOPTING AN ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF; ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A REVISED OFFICIAL ZONING MAP, AND MAKING FINDINGS PURSUANT TO CEQA; ORDINANCE NO. 1002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING THE ETIWANDA NORTH SPECIFIC PLAN, ETIWANDA SPECIFIC PLAN, ETIWANDA HIGHLANDS PLANNED COMMUNITY, TERRA VISTA PLANNED COMMUNITY AND VICTORIA PLANNED COMMUNITY AND AMENDING THE EMPIRE LAKES SPECIFIC PLAN TO AMEND THE BOUNDARIES OF THE PLAN AND RENAME THE PLAN TO THE RESORT SPECIFIC PLAN, AND MAKING FINDINGS PURSUANT TO CEQA. (CITY) RECOMMENDATION: Staff recommends the City Council waive full reading and adopt Ordinance Nos. 1000, 1001 and 1002. BACKGROUND: The introduction and first reading of the above-entitled Ordinances was conducted at the Regular Council meeting of May 18, 2022. Votes at first reading: AYES: Scott, Hutchison, Kennedy, Michael. ABSENT: None. ANALYSIS: Please refer to the May 18, 2022 City Council Staff Report. Page 175 Page 2 1 2 8 7 FISCAL IMPACT: Please refer to the May 18, 2022 City Council Staff Report. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Please refer to the May 18, 2022 City Council Staff Report. ATTACHMENTS: Attachment 1 – Ordinance No. 1000 Attachment 2 – Ordinance No. 1001 Attachment 3 – Ordinance No. 1002 Page 176 ORDINANCE NO.1000 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT ADOPTING A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, ADOPTING AN ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. On April 27, 2022, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Municipal Code Amendment adopting a comprehensive update to the Development Code and, following the conclusion thereof, adopted Planning Commission Resolution No. 22-14, recommending that the City Council of the City of Rancho Cucamonga adopt the proposed Municipal Code Amendment. 2. On May 18, 2022, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the proposed Municipal Code Amendment. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on May 18, 2022, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The City adopted its last comprehensive update to Development Code in 2010, and has since updated and amended individual sections of that code; and b. The City desires to adopt a comprehensive update to the Development Code in order to (i) reflect the goals, policies, and implementation measures of the City’s updated General Plan, adopted in December 2021; (ii) ensure compliance with applicable Federal and State legislation; (iii) incorporate form-based zoning regulations for walkable mixed-use development; (iv) incorporate appropriate standards from older Specific Plan and Planned Communities to allow for the repeal of outdated plans; (v) add new objective design standards for multi-family and mixed-use development projects; and (vi) clarify Code content, address existing deficiencies, and improve usability; and c. The City has prepared a comprehensive update to the City’s Development Code that implements the policies of the General Plan, which was updated in 2021. The City made the Public Draft Development Code Update (“Public Draft”) available for public review on April 7, 2022. The Public Draft is a comprehensive revision and update of Title 17 of the Rancho Cucamonga Municipal Code that sets requirements for private development of property, Page 177 ORDINANCE NO. 1000 DEVELOPMENT CODE AMENDMENT May 18, 2022 Page 2 including development standards, permitted uses, building heights, building setbacks, parking standards, sign standards, landscaping requirements, subdivisions, animal keeping regulations, and other development-related topics. SECTION 3: The City has prepared an Addendum (the “Addendum”) to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH# 2021050261) (the “Final EIR”) prepared for the Rancho Cucamonga General Plan Update, attached hereto as Attachment B to this Ordinance, which confirms that the environmental impacts stemming from the proposed Municipal Code Amendment were adequately addressed in the Final EIR and that neither a subsequent EIR, a supplemental EIR, nor a negative declaration is required for environmental review of the proposed Municipal Code Amendment. The City Council finds that the Addendum complies with the California Environmental Quality Act, its implementing regulations at 14 California Code of Regulations § 15000 et seq., and the City’s local CEQA guidelines (collectively “CEQA”) based also on the following specific findings and determinations: a. On December 15, 2021, the City Council of the City of Rancho Cucamonga adopted Resolution Number 2021-132, adopting environmental findings pursuant to CEQA for the Rancho Cucamonga General Plan Update, certifying the Final EIR, adopting a statement of overriding considerations, and adopting a Mitigation Monitoring and Reporting Program. The General Plan Update specifically contemplated revisions to and a comprehensive update of the Development Code such as is accomplished by the proposed Municipal Code Amendment and the Final EIR analyzed the impacts thereof. b. The proposed Municipal Code Amendment does not propose substantial changes to the City’s development regulations that were not analyzed in the Final EIR or that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The proposed Municipal Code Amendment simply implements the goals and policies adopted in the City’s updated General Plan and analyzed in the Final EIR. c. There have been no substantial changes with respect to the circumstances under which the proposed Municipal Code Amendment is being undertaken that were not contemplated in the Final EIR or that will require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Final EIR addressed the impacts of adopting the City’s updated General Plan, and revisions to the development code and was certified on December 15, 2021. Since adoption of the updated General Plan in 2021, the City has not processed any amendments to the Plan. As a result, there are no substantial changes to the environment which would require a modification of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. d. There is no new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Final EIR was certified that shows (a) the proposed Municipal Code Amendment will have any significant effects not discussed in the Final EIR; (b) the significant effects examined in the Final EIR will be substantially more severe than previously shown; (c) mitigation measures or alternatives Page 178 ORDINANCE NO. 1000 DEVELOPMENT CODE AMENDMENT May 18, 2022 Page 3 previously found to be infeasible would now be feasible and would substantially reduce one or more significant effects of the proposed Municipal Code Amendment; or (d) considerably different mitigation measures or alternatives than those analyzed in the Final EIR would substantially reduce one or more significant effects on the environment are now available. The City Council, exercising its independent judgment after considering the administrative record, hereby adopts the Addendum to the certified Final EIR, attached hereto as Attachment B, reaffirms the findings adopted as part of the Final EIR certification and set forth in Resolution No. 2021-132 as remaining applicable to the proposed Municipal Code Amendment. The custodian of records for the Addendum, documents and other materials that constitute the record of the proceedings upon which the City Council’s decision is based, including, but are not limited to, the staff reports for the proposed Municipal Code Amendment, all of the materials that comprise and support the Addendum to the certified Final EIR and all of the materials that support the staff reports for the proposed Municipal Code Amendment, is the Planning Department of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. SECTION 4: Based on the foregoing, the City Council hereby adopts the proposed Municipal Code Amendment adopting a comprehensive update to the Development Code, as set forth in Attachment A attached to this Ordinance and incorporated herein by reference. The Municipal Code Amendment set forth in Attachment A replaces, in its entirety, the provisions of the City's existing Title 17 (“Development Code”) of the Municipal Code. SECTION 5: The provisions of this Ordinance, insofar as they are substantially the same as provisions of ordinances previously adopted by the City relating to the same matter, shall be construed as restatements and continuations of the earlier enactment, and not as new enactments. SECTION 6: The adoption of this Ordinance does not affect the following matters: a. Actions and proceedings that began before the effective date of this Ordinance. b. Prosecution for ordinance violations committed before the effective date of this Ordinance. c. Licenses and penalties due and unpaid at the effective date of this Ordinance. d. Collection of licenses and penalties due and unpaid at the effective date of this Ordinance. e. Bonds and cash deposits required to be posted, filed, or deposited pursuant to any ordinance, resolution, or regulation. f. Matters of record that refer to or are connected with an ordinance previously adopted by the City the substance of which is amended by this Ordinance. Such references shall be construed to apply to the corresponding provisions of this Ordinance. Page 179 ORDINANCE NO. 1000 DEVELOPMENT CODE AMENDMENT May 18, 2022 Page 4 SECTION 7: Any provision of the previously existing Title 17 (“Development Code”) of the Municipal Code not included in the Municipal Code Amendment enacted by this Ordinance is hereby repealed. SECTION 8: Nothing in this Ordinance shall in any manner modify or otherwise affect the following subject matters: a. The corporate or jurisdictional limits of the City. b. Contracts to which the City is a party. c. City taxes. d. City franchises. e. Highways, roads, streets or other public right-of-way. f. Bonds or indebtedness of the City. g. A district, public corporation or other entity established by the City. h. Specific public improvements or assessments. i. Appropriation or investment of City funds. SECTION 9: The Council hereby directs the City Clerk to make all necessary, non- substantive conforming revisions to the Municipal Code necessary to codify this Ordinance, including, but not limited, to clerical corrections to section numbers, table and figure references, and cross references. SECTION 10: 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 11: The City Clerk shall certify to the adoption of this Ordinance and shall cause its publication in accordance with applicable law. ___________________________________ L. Dennis Michael, Mayor Page 180 ORDINANCE NO. 1000 DEVELOPMENT CODE AMENDMENT May 18, 2022 Page 5 ATTEST: ___________________________________ Janice C. Reynolds, City Clerk I, Janice C. 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 18th day of May, 2022, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on ____________, 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Page 181 ORDINANCE NO. 1000 DEVELOPMENT CODE AMENDMENT May 18, 2022 Page 6 Attachment A – Development Code Amendment The Public Review Draft of the Development Code is available online for review at: Public Review Draft Development Code (Title 17) Page 182 ORDINANCE NO. 1000 DEVELOPMENT CODE AMENDMENT May 18, 2022 Page 7 Attachment B – EIR Addendum Page 183 March 2022 | General Plan EIR Addendum ADDENDUM TO THE GENERAL PLAN EIR SCH No. 2021050261 FOR THE INTERIM DEVELOPMENT CODE/ZONING STANDARDS City of Rancho Cucamonga Prepared for: City of Rancho Cucamonga Contact: Jennifer Nakamura Deputy Director of Planning 10500 Civic Center Drive Rancho Cucamonga, California 91730 909.477.2700 Prepared by: PlaceWorks Contact: Mark Teague, AICP, Managing Principal 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 714.966.9220 info@placeworks.com www.placeworks.com Page 184 Page 185 ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT CITY OF RANCHO CUCAMONGA Table of Contents March 2022 Page i Section Page 1. ADDENDUM TO THE ADOPTED GENERAL PLAN EIR ............................................................... 3 1.1 BACKGROUND .................................................................................................................................................... 3 1.2 PURPOSE OF AN EIR ADDENDUM ........................................................................................................... 3 1.3 PROJECT DESCRIPTION ................................................................................................................................. 5 1.4 GENERAL PLAN EIR ........................................................................................................................................ 9 2. CEQA ANALYSIS ............................................................................................................................ 1 2.1 ENVIRONMENTAL ANALYSIS ..................................................................................................................... 1 2.2 FINDINGS ............................................................................................................................................................. 1 Tabl es Page TABLE 1 SPECIFIC PLANS AND MASTER PLANS REVISED OR REPEALED WITH ZONING CODE UPDATE ................................................................................................................................................................. 6 TABLE 2 TABLE 2. GENERAL PLAN MODIFY EXISTING ZONING .............................................................. 9 Figures Page Page 186 ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT CITY OF RANCHO CUCAMONGA Table of Contents Page ii March 2022 This page intentionally left blank. Page 187 ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 3 March 2022 1. Addendum to the Certified General Plan EIR 1.1 PURPOSE This document serves as the environmental documentation for adoption of the Interim Development Code (project, proposed project) and Zoning Map to be in compliance with the General Plan. This document is an addendum to the General Plan Environmental Impact Report (EIR), certified on December 15, 2021 (State Clearinghouse Number 2021050261), which demonstrates that the analysis in the General Plan EIR adequately addresses the potential physical impacts associated with implementation of the proposed project and that none of the conditions described in the California Environmental Quality Act (CEQA) Guidelines, Section 15162, exist and preparation of a subsequent EIR or negative declaration is not necessary. 1.2 BACKGROUND On December 15, 2021, the Rancho Cucamonga City Council certified the environmental impact report and adopted the updated General Plan for the City of Rancho Cucamonga (City). The General Plan is the City’s blueprint, or constitution, for future development. The General Plan documents the City’s long-range vision and established clear goals, objectives, and actions to guide the community through the next 20 years. While the General Plan is the policy document that provides an overall vision, policy direction, and implementation strategy to support future development in Rancho Cucamonga, the development code implements general plan policies through detailed development regulations, such as specific use types and building standards. Although the purpose and intent of zoning is different from the General Plan, State law requires that zoning be consistent with maps and policies in the General Plan. Uses and densities/intensities are permitted if they are consistent with both the General Plan land use designation and the zoning of the property. When a zoning ordinance becomes inconsistent due to a general plan amendment, the city must enact a consistent zoning ordinance within a reasonable time. The current development code is not consistent with the intent of the character-based General Plan Land Use Designations and does not contain the necessary standards to implement the General Plan vision for walkable, mixed-use places. As a result, proposed Interim Development Code is designed to implement the Land Use Designations in the General Plan, including the addition of form-based code components for the new mixed- use place types established in the General Plan. As the City is under development pressure to implement the newly adopted General Plan, the adoption of the Interim Development Code as an urgency ordinance will allow the City to begin implementing the General Plan immediately. 1.3 Purpose of an EIR Addendum According to CEQA Guidelines Section 15164(a), an addendum shall be prepared if some changes or additions to a previously certified EIR are necessary, but none of the conditions enumerated in CEQA Guidelines Page 188 ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 4 March 2022 Sections 15162(a)(1) to (3) calling for the preparation of subsequent EIR have occurred. As stated in CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations): When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or negative declaration was adopted, shows any of the following: (a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (b) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The proposed project would not trigger any of the conditions outlined in CEQA Guidelines Sections 15162(a)(1) to (3) because these changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects requiring major revisions to the General Plan EIR. The following analysis provides the substantial evidence required by CEQA Guidelines Section 15164(e) to support the finding that a subsequent EIR is not required and an addendum to the General Plan EIR is the appropriate environmental document to address changes to the project. As stated in CEQA Guidelines Section 15164 (Addendum to an EIR): (a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. Page 189 ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR March 2022 Page 5 (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. (d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. A copy of this addendum, and all supporting documentation, may be reviewed or obtained at the City of Rancho Cucamonga Planning Department, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. 1.4 PROJECT DESCRIPTION The proposed project is to adopt an Interim Development Code to implement the Land Use Designation in the General Plan as an urgency ordinance. The Interim Development Code contains provisions to ensure that land development is consistent with the policy direction of the General Plan. As the current Development Code was comprehensively updated in 2012, the recommendations included in the proposed project include amendments to standards and requirements within the existing structure and format of the Code (Development Code Update City of Rancho Cucamonga, page 3). These recommendations include topics such as General Plan Implementation and General Code Issues, Mixed-Use and Multi-Family Objective Design Standards, and Specific Plan and Master Plan Analysis. The fundamental elements of the Development Code update are: • Integrating and modifying the form-based and conventional zones. • New form-based zoning regulations for walkable mixed-use areas along Foothill Boulevard and other key corridors. • Incorporation of appropriate standards from older Specific Plans and Planned Communities into the new zoning regulations to allow for repeal of outdated plans. • New objective design standards for multi-family residential and mixed-use development projects to respond to changes in state law and facilitate housing production. • Improved administration and permit procedures to streamline development review for projects consistent with the General Plan and ensure adequate tools for enforcement of the Development Code. The implementation of the General Plan is generally managed by the Development Code (Title 17 of the Rancho Cucamonga Municipal Code). The Development Code includes zoning districts consistent with the General Plan and applies development standards to each zoning district that guide site layout, key design elements, and development intensity. The proposed project also includes objective design standards for mixed used and multi-family development as form-based elements that will be applied to base zoning districts. Page 190 ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 6 March 2022 As shown below in Table 1. Specific Plans and Master Plans Revised or Replaces with Interim Zoning Code Update and referenced in the General Plan EIR (Land Use and Planning, page 5.11-16), several of the existing plans in the city would be reappealed and changed to comply with the new standards of the Interim Development Code Update. Table 1. Specific Plans and Master Plans Revised or Repealed with Interim Zoning Code Update Plan/Year Adopted or Amended Notes on Review Empire Lakes Specific Plan (ELSP) (Also referred to as IASP Sub-Area 18 Specific Plan) 1994 adopted/2016 last revised Amend the ELSP boundary to cover area as required by the Development Agreement, with those regulations, requirements, and standards remaining in place. The remaining ELSP areas will be regulated by policy and standards in the General Plan Update. Areas regulated by the General Plan Update will be implemented with the citywide code (including new form-based districts, and design standards). Etiwanda Highlands Planned Unit Development (EH) 1988 Repeal – Develop two new zone districts (e.g., VL- EH 9000 and VL-EH 14000) to regulate this area, consistent with the standards in the existing Planned Unit Development (PUD). Standards not regulated by the PUD would be regulated in the new zone districts. All other standards and procedures applicable to the VL District would apply to the VL-EH Districts. Etiwanda North Specific Plan (NESP) 1992 Repeal – A portion of this Plan area was amended and now regulated by the Etiwanda Heights Specific Plan. The portion identified for low density residential can be regulated by the existing Low Residential District standards. The remaining area will be regulated by the Traditional Neighborhood Land Use Designation and subsequent zoning district and the zoning that replaces the Etiwanda Highlands Planned Unit Development (see above). Etiwanda Specific Plan (ESP) 1985 adopted/2000 last revised Repeal – A small area will be regulated by the new form-based zoning district based on General Plan placetype. Regulate the Very Low density area with the existing Very Low Residential District. Create new zone districts to regulate the remaining areas consistent with the standards in the Specific Plan. Terra Vista Community Plan (TCVP) 1983 adopted/1995 last revised Repeal – The Plan Area along Foothill Boulevard will be regulated by the new form- based zoning district based on the General Plan Update. The remaining area is a combination of Low Medium, Medium, Medium High, and High zoning districts. Create new zone districts to regulate the remaining areas consistent with the standards in the TCVP. Town Square Master Plan (TS) 2002 Repeal – This area to be regulated by policy and standards in the General Plan Areas regulated by the General Plan will be implemented with the citywide code (including new form-based districts, and design standards, as applicable). Victoria Arbors Master Plan (VA) 2002 See VCP below. Victoria Arbors Master Plan overlaps with the VCP. Victoria Community Plan (VCP) 1981 Repeal – A portion will be regulated by the applicable new form-based zoning district based on General Plan placetype. For the remainder, the existing Low and Low Medium Residential zoning districts will be applied based on the designation in the VCP. The Mixed Use overlay will also be deleted as part of this effort. Page 191 ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR March 2022 Page 7 The Interim Development Code update includes modifications to existing zoning districts as well as new zoning districts with form-based code components. Table 2, General Plan Modifying Existing Zoning Districts, displays the following recommended zoning districts to implement each of the General Plan land use designations and if modifications or new zoning districts are needed (Interim Development Code Update, 5). Recommendations to implement the General Plan and create new zones to implement the new mixed-use land use designations are provided in Section 2.B of the Interim Development code update (Interim Development Code update, 5). Other changes to existing zoning districts may be recommended based on an assessment of General Plan policies in Appendix A of the Interim Development Code update. Appendix A is used to identify inconsistencies between the General Plan and the City’s Development Code and provide recommendations to resolve those inconsistencies (Interim Development Code Update, A-1). The Interim Development Code will facilitate development in zoned properties and bring them into compliance with the General Plan. While zoning districts will change, the development potential and impacts are already addressed in the General Plan EIR. In most cases, there are development standards for any new permitted use that would not be subject to CEQA review. However, development policies, programs, ordinances, and permits that define the development process would still apply. Page 192 ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 8 March 2022 Table 2. General Plan Modify Existing Zoning General Plan Land Use Designation Implementing Zone Recommendation Neighborhood Place Type Semi-Rural Neighborhood Very Low Residential (VL) Modify to allow multi-family, civic and neighborhood serving commercial consistent with General Plan Traditional Neighborhood TBD Discuss with City the possibility of modification of EHNCP Zones to apply Requires additional microscale analysis in residential areas Suburban Neighborhood – Very Low Low (L) and/or Low Medium Residential (LM) Modify maximum allowed density consistent with General Plan consistent with General Plan Suburban Neighborhood- Moderate High Residential (H) Modify to ensure limited neighborhood commercial uses allowed consistent with General Plan Urban Neighborhood FBC: Urban Center New Zone consistent with General Plan Corridor Place Type Neighborhood Corridor FBC: Neighborhood General New Zone consistent with General Plan City Corridor - Moderate FBC: General Urban New Zone consistent with General Plan City Corridor – High FBC: Urban Corridor New Zone consistent with General Plan District Place Type 21st Century Employment District FBC: General Urban New Zone consistent with General Plan Office Employment District Office Professional (OP) and or Commercial Office (CO) combination Modify to allow mixed use, multi-family, increase height/density, and reduce setbacks consistent with General Plan Page 193 ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT CITY OF RANCHO CUCAMONGA Addendum to the Adopted General Plan EIR March 2022 Page 9 1.5 GENERAL PLAN EIR The General Plan EIR found that, with the implementation of policies and actions from the General Plan and mitigation measures identified in the EIR, there would be less than significant impacts related to aesthetics, energy, geology and soils, hazardous materials, hydrology/water quality, land use/planning, mineral resources, population/housing, public services, recreation, tribal cultural resources, utilities and services, and wildfire. As the proposed project is intended to align the Development Code and Zoning map with the General Plan, implementation of policies and actions from the General Plan and mitigation measures identified in the EIR would have the same mitigating effect under the Interim Development Code and impacts would also be less than significant. Table 3 lists the significant and unavoidable impact determinations of the General Plan EIR and compares the resulting impacts of the proposed project to those determinations. The General Plan EIR determined that implementation of the General Plan would result in significant and unavoidable impacts to agriculture/forest resources, air quality, biological resources, cultural resources, greenhouse gas emissions, noise, and transportation. As described below, the proposed project would be within the scope of analysis of the General Plan update identified in the EIR. The proposed project would incorporate all applicable General Plan policies and implementation measures for significant and unavoidable impacts identified in Table 3 and would not create a new significant impact or a substantial increase in the severity of previously identified effects. Table 3: General Plan EIR Significant and Unavoidable Impacts and Impacts of the Proposed Project Environmental Topic Significant and Unavoidable Impact Determination Resulting Impact of the Proposed Project Agriculture and Forest Resources Impact 5.2-1: The proposed project would convert Farmland to non- agricultural uses but would not result in the conversion of forest land to non-forest uses. [Thresholds AG-1 and AG-5] The proposed project would not allow development of land that was not considered for development under the General Plan. While current vineyards and orchards would be converted into urban uses as part of future anticipated development, they would not impact land not considered for development in the General Plan EIR. There proposed project would not have an effect in forest lands because there are no lands that qualify as forest or timberland. Air Quality Impact 5.3-2: The proposed project would cause construction-generated criteria air pollutant or precursor emissions to exceed South Coast AQMD-recommended thresholds. [Threshold AQ-2] Impact 5.3-3: The proposed project would result in a net increase in long- term operational criteria air pollutant and precursor emissions that exceed South Coast AQMD-recommended thresholds. [Threshold AQ- 2] Impact 5.3-5: The proposed project would expose sensitive receptors to substantial increases in toxic air contaminant emissions. [Threshold AQ- 3] The General Plan Update would accommodate future development of single-family and low-rise multifamily residential, retail, hotel, office, art/entertainment/recreation, and industrial land uses. The proposed project would not change the type of development assumed in the General Plan EIR and impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR. The future development and other physical changes that could result from implementation of the Interim Development Code would generate construction-related emissions of criteria air pollutants and precursors. The proposed project would not change the type of development assumed in the General Plan EIR and impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR. The implementation of the Interim Development Code could result in exposure of sensitive receptors due to construction-related TAC. However, the proposed project would not change the type of development assumed in the General Plan EIR and impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR. Page 194 ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 10 March 2022 Environmental Topic Significant and Unavoidable Impact Determination Resulting Impact of the Proposed Project Biological Resources Impact 5.4-1: Buildout of the proposed Land Use Plan would impact sensitive plant and animal species known to occur in the City of Rancho Cucamonga. [Threshold B-1] Implementation of the Interim Development Code could impact special status vegetation or special status wildlife in the city. However, the proposed project would not change the type or location of development assumed in the General Plan EIR and impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR. Cultural Resources Impact 5.5-1: Buildout of the City of Rancho Cucamonga General Plan could impact historic resources. [Thresholds C-1] Implementation of the Interim Development Code could adversely impact some of these historic resources. However, the proposed project would not change the type or location of development assumed in the General Plan EIR and impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR. Greenhouse Gas Emissions Impact 5.8-4: The proposed project would be inconsistent with the State’s ability to achieve the long-term reduction goals or Executive Orders S-3-05, B-30-15, and B-55-18. [Threshold GHG-2] Implementation of the Interim Development Code could result in the generation of greenhouse gases. However, the proposed project would not change the type or location of development assumed in the General Plan EIR and impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR. Noise Impact 5.13-1: Construction activities would result in temporary noise increases in the vicinity of the future development under the General Plan. [Threshold N-1] Impact 5.13-2: Project implementation could generate a substantial permanent increase in traffic noise levels at noise-sensitive land uses in excess local standards. [Threshold N-2] Impact 5.13-4: Expose new sensitive land uses to noise levels in excess of the noise compatibility standards identified in 2040 General Plan Noise Element Table N-1. [Threshold N-4] Impact 5.13-5: Future development under the General Plan could generate short-term construction vibration or exposure to new sensitive land uses to long-term operational vibration sources that exceed City thresholds. [Threshold N-5] The City has established standards for acceptable noise levels in Section 17.66.050 that are consistent with the Development Code update. Because the proposed project would not change the type or location of development assumed in the General Plan EIR and noise impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR. Traffic noise modeling was conducted for existing (2021) and future (2040) conditions using traffic data generated for the 2040 General Plan, which was based on anticipated land use development contemplated under buildout conditions through 2040. Because the proposed project would not change the type or location of development assumed in the General Plan EIR and noise impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR. New development associated with the 2040 General Plan could potentially be near existing roadways and existing or future planned railroads. Because the proposed project would not change the type or location of development assumed in the General Plan EIR and noise impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR. Implementation of standard conditions of approval 5.13-5b and 5.13-5c, which require project-specific vibration analyses to evaluate vibration exposure from nearby transit sources and evaluation of potential vibration impacts from new transit projects would still be required under the Interim Development Code. Therefore, noise impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR. Page 195 ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT CITY OF RANCHO CUCAMONGA Addendum to the Adopted General Plan EIR March 2022 Page 11 Environmental Topic Significant and Unavoidable Impact Determination Resulting Impact of the Proposed Project Transportation Impact 5.17-2: The project may be inconsistent with CEQA Guidelines section 15064.3, subdivision (b) regarding policies to reduce VMT. [Threshold B-2] Implementation of the Interim Development Code could result in changes to the vehicle miles traveled by residential and non-residential development in the City. However, the proposed project would not change the type or location of development assumed in the General Plan EIR and VMT-related impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.. Page 196 Page 197 ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT CITY OF RANCHO CUCAMONGA March 2022 Page 14 2. CEQA Analysis 2.1 ENVIRONMENTAL ANALYSIS The General Plan contains policies related to land use and community character, focus areas, open space, mobility and access, housing, public facilities and services, resource conservation, safety, and noise. As previously described in Section 1.4 and referenced in Table 3, the General Plan EIR addresses potentially significant impacts related to agriculture and forestry, air quality, cultural resources, greenhouse gas emissions, noise, and transportation. The policies of the General Plan and the existing development standards apply to all development in the General Plan and would continue to apply to the land that is the subject of the proposed project. The proposed zoning changes are intended to align the City’s Municipal Code and Zoning Map with the land use designations and policies and implementation measures with the General Plan and will replace or amend specific plans and master plans previously adopted. Therefore, these changes would not result in significant changes to the existing land uses and or development standards as compared to that analysis in the General Plan EIR. The modification to the specific and master plans in the General Plan EIR is consistent with the specific design standards and guidelines in the Development Code update (Development Code Update, Appendix-H). The General Plan EIR anticipates growth in focused areas of the community that are already designated for development (Project Description, 3-2). The Land Use & Community Character in Section 5.11 Land Use and Planning details policy changes for different place types. These focus areas will increase housing and building intensity as well as create more urban spaces (Land Use and Planning, 5-11-7). The General Plan EIR suggests Volume 4 Implementation Strategy recommends policy change in the development code changes. (Project Description, 3-3) Chapter 3, Project Description of the General Plan EIR, considers anticipated growth for existing and proposed General Plan Designation as listed in Table 2. General Plan Modify Existing Zoning. The Land Use Designations listed in Table 3 -2 Existing and Proposed Land Use Designations of the General Plan EIR display density ranges for mix of existing land use designations that will comprise the new place type; these density ranges are consistent with the recommendations listed in proposed Interim Development Code update (Project Description, 3-6). 2.2 FINDINGS The discussion in this addendum confirms that the proposed project has been evaluated for significant impacts pursuant to CEQA. There are no substantial changes in the circumstances or new information that was not known and could not have been known at the time of the certification of the General Plan EIR. As a result, and for the reasons explained in this addendum, the project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impacts disclosed in the General Plan EIR. Thus, the proposed project does not trigger any of the conditions in CEQA Guidelines Section 15162 Page 198 ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT CITY OF RANCHO CUCAMONGA 1. Addendum to the Adopted General Plan EIR Page 13 March 2022 requiring preparation of a subsequent EIR, and the appropriate environmental document as authorized by CEQA Guidelines Section 15164(b) is an addendum. Accordingly, this EIR addendum has been prepared. The following identifies the standards in CEQA Guidelines Section 15162 as they relate to the project. 1. No substantial changes are proposed in the project which would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The proposed project will align the new zoning districts as shown in the Interim Development Code update with the land use designations including the addition of form-based code components and mixed -use place type descriptions assumed in the General Plan EIR. The proposed changes are consistent with the General Plan as evaluated in the General Plan EIR. Therefore, the updates to the Development code would not change the conclusions of the EIR and would not require revisions to the General Plan EIR due to new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 2. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that the project will have one or more significant effects not discussed in the previous EIR. The policies and implementation measures identified in the General Plan EIR would continue to apply to all development in the city and would have the same effect to reduce or eliminate environmental impacts as disclosed in the General Plan EIR. The amendments to the Development Code were discussed in the General Plan EIR, and there is nothing in the proposed project that was not known and could not have been known at the time the General Plan EIR was certified demonstrating that the project would have one or more significant effects not discussed in the EIR. Therefore, no new impacts would occur because of future development. Because a development project must be consistent with the General Plan, zoning, and development standards of the City, the resulting impacts would be the same as those disclosed in the certified General Plan EIR. 3. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that significant effects previously examined will be substantially more severe than shown in the previous EIR. Implementation of the proposed project would have the same significant impacts as those disclosed in the General Plan EIR. The General Plan policies and implementation measures identified in the General Plan EIR to reduce physical environmental effects would apply to all new development. These policies would have the same effect in reducing or eliminating environmental impacts as disclosed in the General Plan EIR. There is no new information that would demonstrate that significant effects examined would be substantially more severe than shown in the certified General Plan EIR. 4. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that mitigation measures or alternatives previously found Page 199 ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT CITY OF RANCHO CUCAMONGA March 2022 Page 14 not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative. The proposed project will align the zoning districts in the City of Rancho Cucamonga with the General Plan Land Use Map as evaluated by the General Plan EIR. All policies and implementation measures identified in the General Plan EIR would continue to apply to all development in the city and would have the same effect in reducing or eliminating environmental impacts as disclosed in the General Plan EIR. The proposed project would not change the assumptions described in the General Plan EIR and, therefore, would not substantially change the conclusions of the EIR or require new mitigation measures. 5. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The proposed project changes would not result in an increase of overall development intensity and the resulting impacts would be the same as those disclosed in the certified General Plan EIR. Therefore, no new mitigation measures or alternatives to the proposed project would be required. Page 200 ORDINANCE NO.1001 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A REVISED OFFICIAL ZONING MAP, AND MAKING FINDINGS PURSUANT TO CEQA A. Recitals. 1. On April 27, 2022, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Zoning Map Amendment and, following the conclusion thereof, adopted Planning Commission Resolution No. 22-14, recommending that the City Council of the City of Rancho Cucamonga adopt the proposed Zoning Map Amendment. 2. On May 18, 2022, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the proposed Zoning Map Amendment. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on May 18, 2022, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. On December 15, 2021, the City Council of the City of Rancho Cucamonga adopted Resolution Number 2021-132, updating the City’s General Plan; and b. State law requires that zoning be consistent with maps and policies in the General Plan. Uses and densities/intensities are permitted if they are consistent with both the General Plan land use designation and zoning of the property. When a zoning ordinance becomes inconsistent due to a General Plan amendment, a city must enact a consistent zoning ordinance within a reasonable time; and c. The City desires to adopt a revised official Zoning Map in order to (i) implement zoning consistent with the place types and general plan designations reflected in the City’s updated General Plan adopted in December 2021; and (ii) ensure compliance with applicable State law; and d. The City has prepared a revised official Zoning Map that implements the place types and general plan designations of the General Plan, which was updated in 2021. The City made the Public Draft Development Code Update (“Public Draft”) available for public review in April 7, 2022. The Public Draft is a comprehensive revision to the existing zoning map and all new zones indicated on the revised zoning map are incorporated with development standards in the update of Title 17 of the Rancho Cucamonga Municipal Code considered concurrently with this zoning map amendment. Page 201 ORDINANCE NO. 1001 ZONING MAP AMENDMENT May 18, 2022 Page 2 SECTION 3: The City has prepared an Addendum (the “Addendum”) to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH# 2021050261) (the “Final EIR”) prepared for the Rancho Cucamonga General Plan Update, attached as Attachment B to Ordinance No. 1000 which confirms that the environmental impacts stemming from the proposed Zoning Map Amendment were adequately addressed in the Final EIR and that neither a subsequent EIR, a supplemental EIR, nor a negative declaration is required for the proposed Zoning Map Amendment. The City Council finds that the Addendum complies with the California Environmental Quality Act, its implementing regulations at 14 California Code of Regulations § 15000 et seq., and the City’s local CEQA guidelines (collectively “CEQA”) based also on the following specific findings and determinations: a. On April 27, 2022, the Planning Commission conducted duly noticed public hearings to consider the proposed Zoning Map Amendment and the Addendum, reviewed the staff report, accepted and considered public testimony. After due consideration, the Planning Commission found that agencies and interested members of the public were afforded ample notice and opportunity to comment on the proposed Zoning Map Amendment and adopted Planning Commission Resolution No. 22-14 recommending that City Council adopt the Addendum. b. On May 18, 2022, the City Council, at a duly noticed public hearing, considered the proposed Zoning Map Amendment and the Addendum, at which time the City staff presented its report and interested persons had an opportunity to be heard and to present evidence regarding the proposed Zoning Map Amendment and the Addendum. Based upon the evidence presented at the hearings, including the staff report and oral testimony, the City Council, by separate Ordinance No. 1000 adopted on May 18, 2022, adopted the Addendum for the proposed Zoning Map Amendment as set forth in Attachment B to Ordinance No. 1000. c. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including CEQA, and all other requirements for notice, public hearings, findings, votes and other procedural matters. d. The custodian of records for the Addendum, documents, and other materials that constitute the record of the proceedings upon which the City Council’s decision was based, including, without limitation, the staff reports for the proposed Zoning Map Amendment, all of the materials that comprise and support the Addendum to the certified Final EIR and all of the materials that support the staff reports for the proposed Zoning Map Amendment, is the Planning Department of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. SECTION 4: Based on the foregoing, the City Council hereby adopts the proposed Zoning Map Amendment, attached to this Ordinance and incorporated herein by reference as Attachment A, as the City’s official Zoning Map. The official Zoning Map attached as Attachment A replaces, in its entirety, the City's existing official Zoning Map. SECTION 5: 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 Page 202 ORDINANCE NO. 1001 ZONING MAP AMENDMENT May 18, 2022 Page 3 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 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause its publication in accordance with applicable law. ___________________________________ L. Dennis Michael, Mayor ATTEST: ___________________________________ Janice C. Reynolds, City Clerk I, Janice C. 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 18th day of May, 2022, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on ____________, 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Page 203 ORDINANCE NO. 1001 ZONING MAP AMENDMENT May 18, 2022 Page 4 Attachment A – Zoning Map Amendment The Public Review Draft of the Zoning Map is available online for review at: Public Review Draft Zoning Map (Title 17) Page 204 ORDINANCE NO.1002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING THE ETIWANDA NORTH SPECIFIC PLAN, ETIWANDA SPECIFIC PLAN, ETIWANDA HIGHLANDS PLANNED COMMUNITY, TERRA VISTA PLANNED COMMUNITY AND VICTORIA PLANNED COMMUNITY AND AMENDING THE EMPIRE LAKES SPECIFIC PLAN TO AMEND THE BOUNDARIES OF THE PLAN AND RENAME THE PLAN TO THE RESORT SPECIFIC PLAN, AND MAKING FINDINGS PURSUANT TO CEQA A. Recitals. 1. On April 27, 2022, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Zoning Map Amendment and, following the conclusion thereof, adopted its Resolution No. 22-14, recommending that the City Council of the City of Rancho Cucamonga repeal of the Etiwanda Specific Plan, Etiwanda North Specific Plan, Etiwanda Highlands Planned Community, Terra Vista Planned Community, Victoria Planned Community and amend the Empire Lakes Specific Plan. 2. On May 18, 2022, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the proposed repeal of the Etiwanda Specific Plan, Etiwanda North Specific Plan, Etiwanda Highlands Planned Community, Terra Vista Planned Community, Victoria Planned Community and proposed amendments to the Empire Lakes Specific Plan. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on May 18, 2022, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. On December 15, 2021, the City Council of the City of Rancho Cucamonga adopted Resolution Number 2021-132, updating the City’s General Plan; and b. Special planning areas are geographic areas within the city that have adopted plans with unique use, development, and/or design regulations that vary or deviate from the citywide zoning and development standards. Throughout the United States, special planning areas are created for a variety of reasons, including but not limited to private development applications for master planned communities, protection of unique resources (e.g., historic district, environmental protection), special site considerations (e.g., hillside development, scenic corridors), and/or special use considerations (e.g., targeted use areas, redevelopment opportunities). Since incorporation, special planning areas in the city have been established for all of the above listed reasons. Two such types of special planning areas are Specific Plans and Planned Communities. Page 205 ORDINANCE NO. 1002 SPECIFIC PLAN AMENDMENTS May 18, 2022 Page 2 c. Over the last 40 years, the City has adopted many specific plans and planned communities, including: 1. Etiwanda Specific Plan – Adopted in 1985 2. Etiwanda North Specific Plan – Adopted in 1992 3. Etiwanda Highlands Planned Community – Adopted in 1988 4. Terra Vista Planned Community – Adopted in 1983 5. Victoria Planned Community – Adopted in 1981 6. Empire Lakes Specific Plan – Adopted in 1994 d. These plans have been amended numerous times since their initial adoption. Many of these specific plan areas are nearly or completely built out. Because many of the City’s specific plans and planned communities were prepared over 30 years ago, they are difficult to interpret and amendments are often required to accommodate different types of development not contemplated in the 1980s and 1990s. e. The City desires to repeal these specific plans in order to (i) reduce inconsistencies between these plans and the Development Code and (ii) implement zoning consistent with the place types and general plan designations reflected in the City’s updated General Plan, adopted in December 2021; and f. The City has incorporated applicable standards from these plans in the Development Code to avoid the creation of non-conforming uses and structures; and g. The Empire Lakes Specific Plan is nearly built out, with the exception of the area between 4th Street and the Metrolink Railroad tracks, bounded immediately to the east and west of The Resort Parkway, previously known as the Empire Lakes Golf Course. h. The City desires to amend the Empire Lakes Specific plan to reduce the boundaries to the area between 4th Street and the Metrolink Railroad tracks, bounded immediately to the east and west of The Resort Parkway, previously known as the Empire Lakes Golf Course. This portion of the Empire Lakes Specific Plan was amended in 2015 to allow for redevelopment of the Golf Course to allow for housing and some retail uses. The remaining portion of the boundaries of the Empire Lakes Specific Plan would be incorporated into the Development Code. SECTION 3: The City has prepared an Addendum (the “Addendum”) to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH# 2021050261) (the “Final EIR”) prepared for the Rancho Cucamonga General Plan Update, attached as Attachment B to Ordinance No. 1000 which confirms that the environmental impacts stemming from the proposed Zoning Map Amendment were adequately addressed in the Final EIR and that neither a subsequent EIR, a supplemental EIR, nor a negative declaration is required for the proposed Zoning Map Amendment. The City Council finds that the Addendum complies with the California Environmental Quality Act, its implementing regulations at 14 California Code Page 206 ORDINANCE NO. 1002 SPECIFIC PLAN AMENDMENTS May 18, 2022 Page 3 of Regulations § 15000 et seq., and the City’s local CEQA guidelines (collectively “CEQA”) based also on the following specific findings and determinations: a. On April 27, 2022, the Planning Commission conducted duly noticed public hearings to consider the proposed Zoning Map Amendment and the Addendum, reviewed the staff report, accepted and considered public testimony. After due consideration, the Planning Commission found that agencies and interested members of the public were afforded ample notice and opportunity to comment on the proposed Zoning Map Amendment and adopted Planning Commission Resolution No. 22-14 recommending that City Council adopt the Addendum. b. On May 18, 2022, the City Council, at a duly noticed public hearing, considered the proposed Zoning Map Amendment and the Addendum, at which time the City staff presented its report and interested persons had an opportunity to be heard and to present evidence regarding the proposed Zoning Map Amendment and the Addendum. Based upon the evidence presented at the hearings, including the staff report and oral testimony, the City Council, by separate Ordinance No. 1000 adopted on May 18, 2022, adopted the Addendum for the proposed Zoning Map Amendment as set forth in Attachment B to Ordinance No.1000. c. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including CEQA, and all other requirements for notice, public hearings, findings, votes and other procedural matters. d. The custodian of records for the Addendum, documents, and other materials that constitute the record of the proceedings upon which the City Council’s decision was based, including, without limitation, the staff reports for the proposed Zoning Map Amendment, all of the materials that comprise and support the Addendum to the certified Final EIR and all of the materials that support the staff reports for the proposed Zoning Map Amendment, is the Planning Department of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. SECTION 4: The City Council hereby repeals the Etiwanda Specific Plan in its entirety. SECTION 5: The City Council hereby repeals the Etiwanda North Specific Plan in its entirety. SECTION 6: The City Council hereby repeals the Etiwanda Highlands Planned Community in its entirety. SECTION 7: The City Council hereby repeals the Terra Vista Planned Community in its entirety. SECTION 8: The City Council hereby repeals the Victoria Planned Community in its entirety. SECTION 9: The City Council hereby amends the Empire Lakes Specific Plan and renames the plan The Resort Specific Plan as shown in Attachment A. Page 207 ORDINANCE NO. 1002 SPECIFIC PLAN AMENDMENTS May 18, 2022 Page 4 SECTION 10: 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 11: The City Clerk shall certify to the adoption of this Ordinance. ___________________________________ L. Dennis Michael, Mayor ATTEST: ___________________________________ Janice C. Reynolds, City Clerk I, Janice C. 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 18th day of May, 2022, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on ____________, 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Page 208 ORDINANCE NO. 1002 SPECIFIC PLAN AMENDMENTS May 18, 2022 Page 5 Attachment A – The Resort Specific Plan The Public Review Draft of the Resort Specific Plan is available online for review at: Draft Resort Specific Plan Page 209 DATE:June 1, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT:Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.16.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO SALARIES FOR MAYOR AND MEMBERS OF THE CITY COUNCIL. RECOMMENDATION: Staff recommends that the City Council waive full reading and adopt Ordinance No. 1003. BACKGROUND: The introduction and first reading of the above-entitled Ordinance was conducted at the Regular Council meeting of May 18, 2022. Votes at first reading: AYES: Kennedy, Hutchison, Scott, Michael. ANALYSIS: Please refer to the May 18, 2022, City Council staff report. FISCAL IMPACT: Please refer to the May 18, 2022, City Council staff report. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item is in keeping with the Council’s core value of working together cooperatively and respectfully with each other, staff, and all stakeholders. ATTACHMENTS: Attachment 1 – Ordinance No. 1003 Page 210 Ordinance No. 1003 - Page 1 of 2 ORDINANCE NO. 1003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.16.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO SALARIES FOR MAYOR AND MEMBERS OF THE CITY COUNCIL The City Council of the City of Rancho Cucamonga does ordain as follows: A.RECITALS 1.California Government Code Section 36516 provides, in pertinent part, as follows: "(a)A City Council may enact an ordinance providing that each member of the City Council shall receive a salary." 2.Government Code subsection 36516(c) allows Council salaries to be increased by ordinance in an amount not to exceed 5% for each full calendar year from the operative date of the last Council salary adjustment. 3.Two full calendar years have elapsed since the effective date of the last Council salary adjustment which set the salary at $1,452 per month, effective as of December 2020. However, this Council intends to modify Council salaries to be commensurate with staff total compensation increases anticipated in the coming fiscal year, but not to exceed the limit of 5% for each calendar year for each of the past two full calendar years. 4.Government Code Section 36516.1 provides authority for a directly elected Mayor of a general law city to be provided with additional compensation. B.ORDINANCE IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AS FOLLOWS: Section 1.Subsection A of Section 2.16.030 of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as follows: "2.16.030 Salary amount and waiver. "A. Each member of the City Council other than the Mayor shall receive as salary the sum of one thousand four hundred eighty-eight dollars ($1,488) per month. The Mayor shall receive the sum of one thousand six hundred forty-nine dollars ($1,649) per month. The salary shall be paid at the same time and in the same manner as salaries are paid to other officers and employees of the City. Section 2.The salary increases provided for in this Ordinance shall become available to the members of this Council during December 2022. Section 3.The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in accordance with applicable law. ATTACHMENT 1 Page 211 Ordinance No. 1003 - Page 2 of 2 PASSED, APPROVED, AND ADOPTED this ___ day of _____________ 2022. L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF RANCHO CUCAMONGA ) I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, 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 ______________, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the ____ day of ______, 2 0 2 2 . AYES: NOES: ABSENT: ABSTAINED Executed this ______ day of ________, 2022, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Page 212 DATE:June 1, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Noah Daniels, Finance Director SUBJECT:Consideration of Resolutions for the Formation of Community Facilities District No. 2022-01 and Community Facilities District No. 2022-02 as follows: (1) Resolutions for the Formation of Each; (2) Resolutions for Future Annexation of Territory for Each; (3) Resolutions to Conduct an Election of the Qualified Voters for Each; (4) Resolutions Declaring the Results of the Election for Each; and (5) Introduce Ordinances to Levy a Special Tax for Each. (RESOLUTIONS NOS. 2022-061, 2022-062, 2022- 063, 2022-064, 2022-065, 2022-066, 2022-067 AND 2022-068) (ORDINANCE NOS. 1005 AND 1006) (CITY) RECOMMENDATION: It is recommended the City Council take the following actions, in the specified order, for the proposed Community Facilities District No. 2022-01 ("Street Lighting CFD") and Community Facilities District No. 2022-02 ("Industrial Services CFD") (collectively, the "Districts"): 1. Conduct separate public hearings to receive comments, questions, and protests from the public on the formation of the Districts; 2. Adopt Resolutions for the Formation of the Districts; 3. Adopt Resolutions for the Future Annexation of the Districts; 4. Adopt Resolutions to Conduct an Election of Qualified Voters for the Districts; 5. Conduct separate special elections for Street Lighting CFD and Industrial Services CFD; 6. Adopt Resolutions Declaring the Results of the Election for the Districts; and 7. Call for separate motions for the first reading of ordinances to levy a special by title only for Street Lighting CFD and Industrial Services CFD BACKGROUND: The City initiated the Districts and collaborated with Bridge Point Rancho Cucamonga, LLC ("Bridge") as the initial property owner to annex into the Districts. The initial property location for the Districts consists of two assessor's parcels: 0229-283-50 and 0229-283-51, more commonly referred to as 12434 4th Street, Rancho Cucamonga, CA 91730. On April 20, 2022, the City Council adopted multiple resolutions related to the Districts, including Resolutions of Intention and Resolutions to Annex Territory in the Future. As part of those resolutions, a public hearing was set for June 1, 2022, to take public testimony regarding the Districts and conduct an election with Bridge. Page 213 Page 2 1 2 8 2 Before the City Council meeting on April 20, 2022, Bridge submitted a petition demonstrating their concurrence to form the Districts and their consent of the proposed levy. Additionally, the City submitted a petition for the Districts requesting the City Council initiate proceedings to annex territory in the future. Both petitions are on file with the City Clerk. The staff report for April 20, 2022, provided background and analysis for the proposed Districts. However, an overview of the proposed Districts is provided below. Street Lighting CFD 2022-01: The City's existing Street Lighting Districts ("SLD") were intended to offset operations and maintenance costs for street lighting associated with new development. However, since Proposition 218 in 1996, the SLDs cannot increase the assessment rate and keep pace with rising operating costs, resulting in the City's General Fund, per the city policy authorized by the City Council, subsidizing services for certain SLDs. Eventually, all the SLDs will face similar financial issues due to the inability to increase assessment revenues. The proposed Street Lighting CFD helps address financial shortfalls caused by annexing new development into the existing SLDs, as the Street Lighting CFD can increase rates annually. As this will only apply to future development, the Street Lighting CFD does not solve the fiscal challenges of the original SLDs but will begin to help prevent the fiscal situation from worsening as a result of new development. The proposed Street Lighting CFD rates are based on the actual costs for operating and maintaining the City's streetlights without any contributions from the City's General Fund or use of reserves. Also, the proposed rates include land use categories, such as mixed-use development and accessory dwelling units. These are not included in the existing SLDs but are necessary for current and future development. The table below compares the proposed Street Lighting CFD rates for single family and the corresponding SLD rates. Street Lighting CFD Zone 6 and SLD 6 assess commercial and industrial properties only. Land Use Type: SLD 1 CFD Zone 1 Single Family $17.77 per unit $22.67 per unit Land Use Type: SLD 2 CFD Zone 2 Single Family $39.97 per unit $75.17 per unit Land Use Type: SLD 3 CFD Zone 3 Single Family $47.15 per unit $47.15 per unit Land Use Type: SLD 4 CFD Zone 4 Single Family $28.96 per unit $28.96 per unit Land Use Type: SLD 5 CFD Zone 5 Single Family $34.60 per unit $63.79 per unit Land Use Type: SLD 6 CFD Zone 6 Non-Residential $51.40 per acre $51.40 per acre Page 214 Page 3 1 2 8 2 Land Use Type: SLD 7 CFD Zone 7 Single Family $33.32 per unit $58.64 per unit Land Use Type: SLD 8 CFD Zone 8 Single Family $30.60 per unit $37.79 per unit Industrial Services CFD: The "Legacy" industrial area started being redeveloped in late 2020. At that time, the City Council took action to create a strategic pause in order to analyze and evaluate the City's industrial code and the financial impacts that industrial development has on City infrastructure and services. The City developed a Fiscal Impact Analysis (FIA), which calculated a revenue shortfall of almost $3.5 million between projected revenues from future industrial development and estimated impacts to City infrastructure and services. The shortfall equated to approximately $12,000 per acre, which was financially infeasible for industrial developers. Staff met with several industrial developers and brokers to discuss and evaluate market rents, property maintenance, development costs, existing and planned governmental taxes, and reasonable rates of return on investments. A rate of $5,852 per acre was determined to be financially feasible. On an annual basis, the City will evaluate revenues and expenditures for the services to the industrial area and adjust the Industrial Services CFD rate. The proposed Industrial Services CFD will provide revenues for maintaining and servicing street and roadway services and facilities, storm drain repair and maintenance, police safety calls and service, landscaping and beautifying industrial areas, and creating a capital reserve account for future repairs and maintenance in the industrial area. ANALYSIS: Following the City Council's adoption of the resolutions on April 20, 2022, specific actions needed to be taken as required by the California Government Code regarding community facilities districts (Government Code Sections 53311-53368.3). These actions are outlined below. On May 4, 2022, boundary maps were recorded with the County of San Bernardino. The reference for the recorded information and four boundary maps as follows: Street Lighting CFD "Formation Map" Recorded Document No. 2022-0167399 Book 90, Page 22; Recorded Wednesday, May 4, 2022 Street Lighting CFD "Future Annexation Area Map" Recorded Document No. 2022-0169359 Book 90, Page 25; Recorded Thursday, May 5, 2022 Industrial Services CFD "Formation Map" Recorded Document No. 2022-0167398 Book 90, Page 21; Recorded Wednesday, May 4, 2022 Industrial Services CFD "Future Annexation Area Map" Recorded Document No. 2022-0169360 Book 90, Page 26; Recorded Thursday, May 5, 2022 Page 215 Page 4 1 2 8 2 On May 17, 2022, notices of the public hearings were published in the Inland Valley Daily Bulletin and mailed to Bridge. On May 17, 2022, Best Best & Krieger mailed the Consent and Waiver and Appointment of Authorized Representative documents to the property owner. These documents reduce the time needed to conduct the election for the proposed Districts and the appointment of a representative for the property owner. This representative will be authorized to vote on behalf of the property owner in the special election for the Districts that will be held this evening. Best Best & Krieger has also obtained a letter from the County Registrar of Voters verifying fewer than 12 registered voters on the property proposed to be annexed into the Districts. Additionally, a Special Tax Report which contains a brief description and costs of the public facilities and services to be provided by the Districts was prepared by NBS. These documents are on file with the City Clerk. The City Council will first open the public hearing for the Street Lighting CFD and receive public written and oral comments. After closing that public hearing the City Council will open the second public hearing for the Industrial Services CFD. Following the closing of the second public hearing the City Council will be requested to consider adopting the Resolutions for the Formation of the Districts. If the City Council approves the Resolutions for the Formation of the Districts, the City Council will then consider the Resolutions for the Future Annexation of the Districts. This set of resolutions aims to streamline the process for future annexations into the Street Lighting CFD, the Industrial Services CFD, or both, for future development as appropriate. This streamlined process will reduce the number of City Council meetings required to annex development into the Districts from three to one. An outline of the process to annex future development into the Districts is as follows: 1. The property owner completes and submits petitions to initiate the annexation proceedings. 2. City staff will provide the applicant with the applicable rate and method of apportionment, consent a waiver, registrar voters certification, and ballot package. 3. The City Clerk will canvass the votes from the ballot package. 4. The City will prepare a boundary map to be recorded with the County of San Bernardino. 5. The City Council will consider a resolution certifying election results on the consent calendar. 6. An amended Notice of Special Tax Lien will be recorded with the County of San Bernardino. Following these two actions (Resolution for the Formation and Resolution for the Future Annexation of the Districts), the City Council will consider Resolutions to Conduct an Election of Qualified Voters for the Districts and will then conduct the elections of the qualified voters for the Districts. Although the Resolutions to Conduct an Election of Qualified Votes can be approved simultaneously, the Street Lighting CFD and Industrial Services CFD ballots should be canvassed by the City Clerk separately. After the ballots are tabulated, the City Council will be requested to consider adopting Resolutions Declaring the Results of the Election for the Districts. Page 216 Page 5 1 2 8 2 Should the City Council adopt the above resolutions and receive a favorable two-thirds vote of the qualified electors, the City Council will conduct the first reading of ordinances to levy a special tax by title only for Street Lighting CFD and Industrial Services CFD. Following the meeting, a Notice of Special Tax Lien for each of the Districts will be recorded with the San Bernardino County Recorder's Office. A second reading of the Ordinances will then take place on June 15, 2022, completing the formation of the CFDs. FISCAL IMPACT: The total fiscal impacts of the Street Lighting CFD and Industrial Services CFD cannot be determined because it applies to future development. The Street Lighting CFD will maintain streetlights, traffic signals, and appurtenant facilities. The Street Lighting CFD rates can be adjusted annually based on actual operating cost increases. The current SLDs cannot increase, resulting in the City's General Fund subsidizing the operations of the SLDs. Once the Street Lighting CFD is formed, any new development that is annexed will pay for the true costs of street lighting services and not be subsidized by the City's General Fund. The Industrial Services CFD generates revenue for maintaining street and roadway services and facilities, storm drain repair and maintenance, police safety calls and service, landscaping and beautifying industrial areas, and creating a capital reserve. Although the Industrial Services CFD rate per acre is less than the shortfall determined by the FIA, the revenues will help offset the impacts of new industrial development in the City. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item supports the City Council's core values of intentionally embracing and anticipating the future. ATTACHMENTS: Attachment 1: Resolution Forming and Establishing CFD 2022-01 Attachment 2: Resolution Forming and Establishing CFD 2022-02 Attachment 3: Resolution Authorizing Annexation of Territory in the Future CFD 2022-01 Attachment 4: Resolution Authorizing Annexation of Territory in the Future CFD 2022-02 Attachment 5: Resolution Calling a Special Election CFD 2022-01 Attachment 6: Resolution Calling a Special Election CFD 2022-02 Attachment 7: Resolution Declaring the Results of a Special Election CFD 2022-01 Attachment 8: Resolution Declaring the Results of Special Election CFD 2022-02 Attachment 9: Ordinance Authorizing the Levy of a Special Tax CFD 2022-01 Attachment 10: Ordinance Authorizing the Levy of a Special Tax CFD 2022-02 Page 217 1 ATTACHMENT 1 2 5 0 2 RESOLUTION NO. 2022-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AND AUTHORIZING SUBMITTAL OF THE LEVY OF A SPECIAL TAX TO THE QUALIFIED ELECTOR WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the “City”), has, by the adoption of Resolution No. 2022-039 (the “Resolution of Intention”), previously declared its intention to form a community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”) for the purpose of providing an alternative method of financing the municipal maintenance services necessary to serve new development within such community facilities district; and WHEREAS, this community facilities district has been designated as Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”); and WHEREAS, notice of a public hearing relating to the establishment of CFD No. 2022-01, the extent of CFD No. 2022-01, the financing of certain types of services by CFD No. 2022-01 and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing to establish CFD No. 2022- 01; and WHEREAS, all communication relating to the establishment of CFD No. 2022-01, the financing of certain types of services and the proposed rate and method of apportionment of special tax have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings; and WHEREAS, the Registrar of Voters of the County of San Bernardino has certified that there are no registered voters residing within the proposed boundaries of CFD No. 2022-01; and WHEREAS, inasmuch as there are no registered voters within the proposed boundaries of CFD No. 2022-01, the authorization to levy special taxes within CFD No. 2022-01 shall be submitted to the landowner of CFD No. 2022-01, such landowner being the qualified elector as authorized by law. Page 218 2 ATTACHMENT 1 2 5 0 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Determinations. It is hereby determined by the City Council that: A. All prior proceedings pertaining to the formation of CFD No. 2022-01 were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Act and, therefore, the special tax proposed to be levied within CFD No. 2022-01 has not been precluded by a majority protest pursuant to Section 53324 of the Government Code of the State of California. C. CFD No. 2022-01 as proposed conforms with the City’s statement of goals and policies regarding the establishment of community facilities districts (the “Goals and Policies”). D. The formation of CFD No. 2022-01 and such authorization to levy the special tax within CFD No. 2022-01 to finance the services identified below constitutes the creation of a government funding mechanism which does not involve the commitment to any specific project which may result in a potentially significant impact on the environment. Therefore, the formation of CFD No. 2022-01 and the authorization to levy the special tax within CFD No. 2022-01 do not constitute a “project” which is subject to the provisions of the California Environmental Quality Act (California Public Resources Code Section 21000 and following). E. No registered voters have resided within the territory of CFD No. 2022-01 for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified elector of CFD No. 2022-01 shall be the landowner of CFD No. 2022-01 as such term is defined in Government Code Section 53317(f) and such landowner who is the owner of record as of the close of the public hearing pertaining to the formation of CFD No. 2022-01, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that such landowner owns within CFD No. 2022-01. F. The time limit specified by the Act for conducting an election to submit the levy of the special tax to the qualified elector of CFD No. 2022-01 and the requirements for impartial analysis and ballot arguments have been waived with the consent of the qualified elector of CFD No. 2022-01. Page 219 3 ATTACHMENT 1 2 5 0 2 G. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of the resolution forming and establishing CFD No. 2022-01. Section 3. Community Facilities District Report. The Community Facilities District Report, as prepared pursuant to the Act and the Resolution of Intention and now submitted and received by this City Council, shall stand as the Community Facilities District Report for all future proceedings and all terms and contents are approved as set forth therein. Section 4. Name of the Community Facilities District. This legislative body does hereby establish and declare the formation of CFD No. 2022-01 to be known and designated as “Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California.” Section 5. Boundaries of CFD No. 2022-01. The boundaries of CFD No. 2022-01 thereto are generally described is as follows: All that property as shown on the Boundary Map as previously approved by this City Council, such map designated as “Proposed Boundaries of Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga” (the “Boundary Map”). The Boundary Map has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the San Bernardino County Recorder, in Book 90, Page 22 of Maps of Assessment and Community Facilities Districts and as Document No. 2022-0167399. Section 6. Description of Services. The municipal maintenance services authorized to be financed by CFD No. 2022-01 are not replacing services already available within the boundaries of CFD No. 2022-01. A general description of such services (collectively, the “Authorized Services”), whether provided directly by the City or by a third party contracting with the City or CFD No. 2022-01, that may be financed is set forth in Exhibit A attached hereto and incorporated herein by this reference. The City Council finds that the Authorized Services described in this Section 6 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of CFD No. 2022-01. Section 7. Special Tax. Except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the “Special Tax”) and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in CFD No. 2022-01, will be levied annually within the boundaries of such CFD No. 2022-01. For further particulars as to the rates and method of apportionment of the proposed Special Tax, reference is made to the attached and incorporated Exhibit B (the “Rates and Method”), which sets forth in sufficient detail the Page 220 4 ATTACHMENT 1 2 5 0 2 rate and method of apportionment of the Special Tax to allow each landowner or resident within proposed CFD No. 2022-01 to clearly estimate the maximum amount of Special Tax that such person will have to pay for the Authorized Services. The Special Tax may not be prepaid. The Special Tax herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City. Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the Special Tax shall attach to all non-exempt real property in CFD No. 2022-01 and this lien shall continue in force and effect until collection of the special tax by the legislative body ceases. Section 8. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by CFD No. 2022-01 of the Special Tax described in Section 7 above: A. The Special Tax shall be levied for the specific purposes set forth in Section 7 above. B. The proceeds of the levy of the Special Tax shall be applied only to the specific applicable purposes set forth in Section 7 above. C. CFD No. 2022-01 shall establish a separate account into which the proceeds of the Special Tax shall be deposited. D. The Finance Director of the City, or his or her designee, acting for and on behalf of CFD No. 2022-01, shall annually file a report with the City as required pursuant to Government Code Section 50075.3. Section 9. Preparation of Annual Tax Roll. The name, address and telephone number of the office, department, or bureau which will be responsible for preparing annually a current roll of Special Tax levy obligations by Assessor’s parcel number and which shall be responsible for estimating future Special Tax levies pursuant to Section 53340.2 of the Government Code of the State of California, are as follows: Page 221 5 ATTACHMENT 1 2 5 0 2 City of Rancho Cucamonga Finance Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 909-774-2402 Section 10. Election. This legislative body herewith submits the levy of the special taxes to the qualified elector of CFD No. 2022-01, such elector being the landowner of the property within CFD No. 2022-01, with such landowner having one (1) vote for each acre or portion thereof of land which he or she owns within the District. This legislative body hereby further directs that the ballot proposition relating to the levy of the above referenced special taxes within CFD No. 2022-01 be combined and consolidated with the proposition set forth in Section 11 below relating to the establishment of an appropriations limit for CFD No. 2022-01. The proposition related to the levy of the special taxes, together with a proposition to establish an appropriations limit for CFD No. 2022-01, shall be submitted to the qualified elector of CFD No. 2022-01 at a special election to be held on (a) June 1, 2022, immediately following the adoption of this resolution or (b) such other date as the qualified elector and the City Clerk may mutually agree and such election shall be a special election to be conducted by the City Clerk (hereinafter referred to as the "Election Official"). If the proposition for the levy of the special taxes receives the approval of more than two-thirds (2/3rds) of the votes cast on the proposition, the special tax thereby approved may be levied as provided for in this Resolution. Section 11. Ballot Propositions. The ballot proposals to be submitted to the qualified elector of CFD No. 2022-01 at the election shall generally be as follows: PROPOSITION A Shall Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California, subject to accountability measures set forth in California Government Code Section 50075.1, levy special taxes throughout such community facilities district pursuant to the method of apportioning the special tax set forth in Attachment A to this Official Ballot for the purpose of financing municipal maintenance services, including but not limited to the services set forth in Attachment B to this Official Ballot to meet the increased demand for such services resulting from new development within CFD No. 2022-01 and the cost of administering the levy and collection of the special taxes and CFD No. 2022-01? PROPOSITION B Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California in the Page 222 6 ATTACHMENT 1 2 5 0 2 amount of $500,000? Section 12. Vote. The appropriate mark placed in the voting square before the word “YES” shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square before the word “NO” in the manner as authorized, shall be counted against the adoption of such proposition. Section 13. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for holding the above election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the election, including but not limited to, the following: 1. Prepare and furnish the necessary election supplies for the conduct of the election. 2. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. 3. Furnish official ballots for the qualified elector of CFD No. 2022-01. 4. Cause the official ballots to be presented to the qualified elector, as required by law. 5. Receive the returns of the election and supplies. 6. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. 7. Canvass the return of the election. 8. Furnish a tabulation of the number of votes given in the election. 9. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. [Remainder of this page intentionally left blank.] Page 223 7 ATTACHMENT 1 2 5 0 2 Section 14. Effective Date. This resolution shall become effective upon its adoption. ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 1st day of June, 2022, by the following roll call vote to wit: AYES: NOES: ABSENT: APPROVED L. DENNIS MICHAEL, MAYOR ATTEST JANICE C. REYNOLDS, CITY CLERK Attachments:Exhibit A Exhibit B Page 224 A-1 ATTACHMENT 1 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-01, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributable to maintaining and servicing street lights, traffic signals and appurtenant facilities throughout CFD No. 2022-01. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method. Page 225 B-1 ATTACHMENT 1 EXHIBIT B RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: “Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only. “Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-01 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Page 226 B-2 ATTACHMENT 1 Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-01. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-01 for any other administrative purposes, including, but not limited to, attorney’s fees. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-01. “Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-01 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-01, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on May 4, 2022 in Book 90 at Page 22 as Document Number 2022-0167399. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-01” means Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga. “City” means the City of Rancho Cucamonga. “City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-01. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. Page 227 B-3 ATTACHMENT 1 “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-01 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year. “Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-01 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system. “Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, each property use thereon is subject to taxation pursuant to section C below. The Acreage used to calculate the Special Tax for a portion of an Assessor’s Parcel that is Non-Residential Property shall include only the share of such Assessor’s Parcel that will be used as Non-Residential Property, to include structures, parking and other Parcel area. “Multi-Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with two or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. Multi-Family Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with one Unit with a single Assessor’s Parcel Number that is a condominium pursuant the definition in Civil Code Section 4125 or a townhome. “Non-Residential Property” means all Assessor’s Parcels of Developed Property within the boundaries of CFD 2022-01 for which a building permit(s) has been issued for a non-residential structure(s). “Open Space Property” means property within the boundaries of CFD No. 2022-01 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s Page 228 B-4 ATTACHMENT 1 association, condominium owner’s association, master or sub-association or non- residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-01 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-01 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-01. “Single Family Residential Property” means all Assessor’s Parcels of Developed Property with a residential structure intended as a single primary Unit. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California. “Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means an area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-01 at the time of its formation is within Tax Zone Nos. 1 and 6. Additional Tax Zones may be created when property is annexed to CFD No. 2022-01, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-01 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-01 that are not exempt from the Special Tax pursuant to law or Section E below. Page 229 B-5 ATTACHMENT 1 “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-01 that are not Developed Property. “Unit” means an individual residential living space. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-01 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. DETERMINATION OF TAXABLE PARCELS On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-01. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then- current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Single Family Residential Property, Non-Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year. C. MAXIMUM ANNUAL SPECIAL TAX RATE The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone Nos. 1-8 shall be assigned according to the tables on the following pages. In some instances, an Assessor’s Parcel of Developed Property may contain more than one property land use. The Maximum Special Tax assigned to an Assessor’s Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for all property uses located on that Assessor’s Parcel. Additionally, Accessory Dwelling Units will be levied at 50% of the applicable Maximum Special Tax Rate for the property type of the primary Unit. Page 230 B-6 ATTACHMENT 1 Tax Zone No. 1 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $22.67 per Unit Multi-Family Residential Property $22.67 per Unit Non-Residential Property $45.34 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 2 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $75.17 per Unit Multi-Family Residential Property $75.17 per Unit Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 3 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $47.15 per Unit Multi-Family Residential Property $47.15 per Unit Non-Residential Property $94.30 per Are Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Page 231 B-7 ATTACHMENT 1 Tax Zone No. 4 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $28.96 per Unit Multi-Family Residential Property $28.96 per Unit Non-Residential Property $57.92 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 5 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $63.79 per Unit Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 6 Property Land Use 2022/23 Maximum Special Tax Rate Non-Residential Property $51.40 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Page 232 B-8 ATTACHMENT 1 Tax Zone No. 7 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $58.64 per Unit Multi-Family Residential Property $58.64 per Unit Non-Residential Property $117.28 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 8 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $37.79 per Unit Multi-Family Residential Property $37.79 per Unit Non-Residential Property $75.58 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone Nos. 1-8 shall be increased by an amount equal to the Tax Escalation Factor. A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-01 as a result of future annexations. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-01 by the method shown below. First: Determine the Annual Special Tax Requirement. Page 233 B-9 ATTACHMENT 1 Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax. Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-01. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 533401 of the Act. Welfare Exempt Property shall thereafter be exempt from the Special Tax for as long as the property qualifies as Welfare Exempt Property. F. APPEAL OF SPECIAL TAX LEVY Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner. Page 234 B-10 ATTACHMENT 1 G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the City’s discretion. H. MANNER AND DURATION OF SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-01, and may collect delinquent Special Taxes through available methods. A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement. I. PREPAYMENT OF SPECIAL TAX The Special Tax may not be prepaid. Page 235 1 ATTACHMENT 2 RESOLUTION NO. 2022-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AND AUTHORIZING SUBMITTAL OF THE LEVY OF A SPECIAL TAX TO THE QUALIFIED ELECTOR WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the “City”), has, by the adoption of Resolution No. 2022-041 (the “Resolution of Intention”), previously declared its intention to form a community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”) for the purpose of providing an alternative method of financing the municipal maintenance services necessary to serve new development within such community facilities district; and WHEREAS, this community facilities district has been designated as Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”); and WHEREAS, notice of a public hearing relating to the establishment of CFD No. 2022-02, the extent of CFD No. 2022-02, the financing of certain types of services by CFD No. 2022-02 and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing to establish CFD No. 2022- 02; and WHEREAS, all communication relating to the establishment of CFD No. 2022-02, the financing of certain types of services and the proposed rate and method of apportionment of special tax have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings; and WHEREAS, the Registrar of Voters of the County of San Bernardino has certified that there are no registered voters residing within the proposed boundaries of CFD No. 2022-02; and WHEREAS, inasmuch as there are no registered voters within the proposed boundaries of CFD No. 2022-02, the authorization to levy special taxes within CFD No. 2022-02 shall be submitted to the landowner of CFD No. 2022-02, such landowner being the qualified elector as authorized by law. Page 236 2 ATTACHMENT 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Determinations. It is hereby determined by the City Council that: A. All prior proceedings pertaining to the formation of CFD No. 2022-02 were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Act and, therefore, the special tax proposed to be levied within CFD No. 2022-02 has not been precluded by a majority protest pursuant to Section 53324 of the Government Code of the State of California. C. CFD No. 2022-02 as proposed conforms with the City’s statement of goals and policies regarding the establishment of community facilities districts (the “Goals and Policies”). D. The formation of CFD No. 2022-02 and such authorization to levy the special tax within CFD No. 2022-02 to finance the services identified below constitutes the creation of a government funding mechanism which does not involve the commitment to any specific project which may result in a potentially significant impact on the environment. Therefore, the formation of CFD No. 2022-02 and the authorization to levy the special tax within CFD No. 2022-02 do not constitute a “project” which is subject to the provisions of the California Environmental Quality Act (California Public Resources Code Section 21000 and following). E. No registered voters have resided within the territory of CFD No. 2022-02 for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified elector of CFD No. 2022-02 shall be the landowner of CFD No. 2022-02 as such term is defined in Government Code Section 53317(f) and such landowner who is the owner of record as of the close of the public hearing pertaining to the formation of CFD No. 2022-02, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that such landowner owns within CFD No. 2022-02. F. The time limit specified by the Act for conducting an election to submit the levy of the special tax to the qualified elector of CFD No. 2022-02 and the requirements for impartial analysis and ballot arguments have been waived with the consent of the qualified elector of CFD No. 2022-02. Page 237 3 ATTACHMENT 2 G. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of the resolution forming and establishing CFD No. 2022-02. Section 3. Community Facilities District Report. The Community Facilities District Report, as prepared pursuant to the Act and the Resolution of Intention and now submitted and received by this City Council, shall stand as the Community Facilities District Report for all future proceedings and all terms and contents are approved as set forth therein. Section 4. Name of the Community Facilities District. This legislative body does hereby establish and declare the formation of CFD No. 2022-02 to be known and designated as “Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California.” Section 5. Boundaries of CFD No. 2022-02. The boundaries of CFD No. 2022-02 thereto are generally described is as follows: All that property as shown on the Boundary Map as previously approved by this City Council, such map designated as “Proposed Boundaries of Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga” (the “Boundary Map”). The Boundary Map has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the San Bernardino County Recorder, in Book 90, Page 21 of Maps of Assessment and Community Facilities Districts and as Document No. 2022-0167398. Section 6. Description of Services. The municipal maintenance services authorized to be financed by CFD No. 2022-02 are not replacing services already available within the boundaries of CFD No. 2022-02. A general description of such services (collectively, the “Authorized Services”), whether provided directly by the City or by a third party contracting with the City or CFD No. 2022-02, that may be financed is set forth in Exhibit A attached hereto and incorporated herein by this reference. The City Council finds that the Authorized Services described in this Section 6 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of CFD No. 2022-02. Section 7. Special Tax. Except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the “Special Tax”) and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in CFD No. 2022-02, will be levied annually within the boundaries of such CFD No. 2022-02. For further particulars as to the rates and method of apportionment of the proposed Special Tax, reference is made to the attached and incorporated Exhibit B (the “Rates and Method”), which sets forth in sufficient detail the Page 238 4 ATTACHMENT 2 rate and method of apportionment of the Special Tax to allow each landowner or resident within proposed CFD No. 2022-02 to clearly estimate the maximum amount of Special Tax that such person will have to pay for the Authorized Services. The Special Tax may not be prepaid. The Special Tax herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City. Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the Special Tax shall attach to all non-exempt real property in CFD No. 2022-02 and this lien shall continue in force and effect until collection of the special tax by the legislative body ceases. Section 8. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by CFD No. 2022-02 of the Special Tax described in Section 7 above: A. The Special Tax shall be levied for the specific purposes set forth in Section 7 above. B. The proceeds of the levy of the Special Tax shall be applied only to the specific applicable purposes set forth in Section 7 above. C. CFD No. 2022-02 shall establish a separate account into which the proceeds of the Special Tax shall be deposited. D. The Finance Director of the City, or his or her designee, acting for and on behalf of CFD No. 2022-02, shall annually file a report with the City as required pursuant to Government Code Section 50075.3. Section 9. Preparation of Annual Tax Roll. The name, address and telephone number of the office, department, or bureau which will be responsible for preparing annually a current roll of Special Tax levy obligations by Assessor’s parcel number and which shall be responsible for estimating future Special Tax levies pursuant to Section 53340.2 of the Government Code of the State of California, are as follows: Page 239 5 ATTACHMENT 2 City of Rancho Cucamonga Finance Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 909-774-2402 Section 10. Election. This legislative body herewith submits the levy of the special taxes to the qualified elector of CFD No. 2022-02, such elector being the landowner of the property within CFD No. 2022-02, with such landowner having one (1) vote for each acre or portion thereof of land which he or she owns within the District. This legislative body hereby further directs that the ballot proposition relating to the levy of the above referenced special taxes within CFD No. 2022-02 be combined and consolidated with the proposition set forth in Section 11 below relating to the establishment of an appropriations limit for CFD No. 2022-02. The proposition related to the levy of the special taxes, together with a proposition to establish an appropriations limit for CFD No. 2022-02, shall be submitted to the qualified elector of CFD No. 2022-02 at a special election to be held on (a) June 1, 2022, immediately following the adoption of this resolution or (b) such other date as the qualified elector and the City Clerk may mutually agree and such election shall be a special election to be conducted by the City Clerk (hereinafter referred to as the "Election Official"). If the proposition for the levy of the special taxes receives the approval of more than two-thirds (2/3rds) of the votes cast on the proposition, the special tax thereby approved may be levied as provided for in this Resolution. Section 11. Ballot Propositions. The ballot proposals to be submitted to the qualified elector of CFD No. 2022-02 at the election shall generally be as follows: PROPOSITION A Shall Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California, subject to accountability measures set forth in California Government Code Section 50075.1, levy special taxes throughout such community facilities district pursuant to the method of apportioning the special tax set forth in Attachment A to this Official Ballot for the purpose of financing municipal maintenance services, including but not limited to the services set forth in Attachment B to this Official Ballot to meet the increased demand for such services resulting from new development within CFD No. 2022-02 and the cost of administering the levy and collection of the special taxes and CFD No. 2022-02? PROPOSITION B Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Page 240 6 ATTACHMENT 2 Rancho Cucamonga, County of San Bernardino, State of California in the amount of $3,000,000? Section 12. Vote. The appropriate mark placed in the voting square before the word “YES” shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square before the word “NO” in the manner as authorized, shall be counted against the adoption of such proposition. Section 13. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for holding the above election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the election, including but not limited to, the following: 1. Prepare and furnish the necessary election supplies for the conduct of the election. 2. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. 3. Furnish official ballots for the qualified elector of CFD No. 2022-02. 4. Cause the official ballots to be presented to the qualified elector, as required by law. 5. Receive the returns of the election and supplies. 6. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. 7. Canvass the return of the election. 8. Furnish a tabulation of the number of votes given in the election. 9. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. [Remainder of this page intentionally left blank.] Page 241 7 ATTACHMENT 2 Section 14. Effective Date. This resolution shall become effective upon its adoption. ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 1st day of June, 2022, by the following roll call vote to wit: AYES: NOES: ABSENT: APPROVED L. DENNIS MICHAEL, MAYOR ATTEST JANICE C. REYNOLDS, CITY CLERK Attachments:Exhibit A Exhibit B Page 242 A-1 ATTACHMENT 2 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-02, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributed to maintaining and servicing landscape and tree maintenance, storm drain repair and maintenance, streets and roadway services, police safety calls and service, and creating a capital reserve account for any future industrial repairs and maintenance. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses" as said term is defined in the Rate and Method. Page 243 B-1 ATTACHMENT 2 EXHIBIT B RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: “Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only. “Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-02 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Page 244 B-2 ATTACHMENT 2 Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-02. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-02 for any other administrative purposes, including, but not limited to, attorney’s fees. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-02. “Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-02 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-02, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on May 4, 2022 in Book 90 at Page 21 as Document Number 2022-0167398. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-02” means Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga. “City” means the City of Rancho Cucamonga. “City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-02. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. Page 245 B-3 ATTACHMENT 2 “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-02 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year. “Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-02 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for an industrial use. “Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. “Open Space Property” means property within the boundaries of CFD No. 2022-02 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non- residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-02 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-02 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For Page 246 B-4 ATTACHMENT 2 purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-02. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California. “Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-02 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-02, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-02 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-02 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-02 that are not Developed Property. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-02 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. DETERMINATION OF TAXABLE PARCELS Article I.On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-02. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which Page 247 B-5 ATTACHMENT 2 each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Industrial Property, Mixed-Use Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year. C. MAXIMUM ANNUAL SPECIAL TAX RATE The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to the table on the following page. Tax Zone No. 1 Property Land Use 2022/23 Maximum Special Tax Rate Industrial Property $5,852.00 per Acre Mixed Use Property $12,030.00 per Acre Accessory Dwelling Units $731.50 per ADU Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be increased by the Tax Escalation Factor. On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone No. 1 shall be increased by an amount equal to the Tax Escalation Factor. A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-02 as a result of future annexations. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-02 by the method shown below. First: Determine the Annual Special Tax Requirement. Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax. Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-02. Page 248 B-6 ATTACHMENT 2 E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 53340.1 of the Act. Welfare Exempt Property shall be exempt from the Special Tax in each Fiscal Year the property qualifies as Welfare Exempt Property. F. APPEAL OF SPECIAL TAX LEVY Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner. G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the Page 249 B-7 ATTACHMENT 2 interpretation and application of any section of this document shall be at the City’s discretion. H. MANNER AND DURATION OF SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-02, and may collect delinquent Special Taxes through available methods. A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement. I. PREPAYMENT OF SPECIAL TAX The Special Tax may not be prepaid. Page 250 1 ATTACHMENT 3 RESOLUTION NO. 2022-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the "City") has declared its intention, conducted proceedings and held a public hearing relating to the authorization to annex territory in the future to Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and specifically Article 3.5 thereof; and WHEREAS, notice of such public hearing was given in the form and manner as required by the Act; and WHEREAS, all communications relating to the authorization to annex territory in the future were presented at such public hearing, and it has been determined that a majority protest as defined by Government Code Section 53339.6 has not been received against the authorization to annex territory in the future to CFD No. 2022-01; and WHEREAS, it has now been determined to be within the public interest and convenience to establish a procedure to allow and provide for future annexations to CFD No. 2022-01 and further to specify the amount of special taxes that would be authorized to be levied on any parcels that may be annexed to CFD No. 2022-01 in the future, as well as setting forth the terms and conditions for certification for any annexation in the future; and WHEREAS, the territory proposed to be annexed in the future shall be known and designated as Future Annexation Area Community Facilities District No. 2022-01 (the "Future Annexation Area"), and a map designated as "Future Annexation Area, Community Facilities District No. 2022-01 (Street Lighting Services), City of Rancho Cucamonga, County of San Bernardino, State of California" showing the territory proposed to be annexed in the future has been approved and a copy thereof shall be kept on file with the transcript of these proceedings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Determinations. It is hereby determined by this City Council as follows: Page 251 2 ATTACHMENT 3 A. All prior proceedings pertaining to authorization for the annexation of the Future Annexation Area to CFD No. 2022-01 in the future were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B. The written protests against the authorization for the annexation of the Future Annexation Area to CFD No. 2022-01 in the future received do not represent a majority protest as defined by Government Code Section 53339.6 and, therefore, the authorization for the annexation of the Future Annexation Area to CFD No. 2022-01 in the future has not been precluded by majority protest pursuant to Government Code Section 53339.6. C. The public convenience and necessity require a procedure to authorize and provide for territory to be annexed in the future to CFD No. 2022-01 in order to finance the costs and expenses necessary to provide the public services described below made necessary by the development or redevelopment of such territory. D. The authorization for the annexation of territory within the Future Annexation Area to CFD No. 2022-01 in the future as proposed conforms with the City of Rancho Cucamonga’s statement of goals and policies regarding the establishment of community facilities districts. E. The provision for the annexation of territory within the Future Annexation Area to CFD No. 2022-01 in the future and the authorization to levy special taxes of territory within the Future Annexation Area upon the annexation thereof to CFD No. 2022-01 to finance the public services described below constitutes the creation of a government funding mechanism which does not involve the commitment to any specific project which may result in a potentially significant physical impact on the environment. Therefore, the provision for the annexation of territory within the Future Annexation Area to CFD No. 2022-01 in the future and the authorization to levy special taxes within such territory upon the annexation thereof to CFD No. 2022-01 does not constitute a “project” which is subject to the provisions of the California Environmental Quality Act (California Public Resources Code Section 21000 and following). Section 3. Annexation Authority. This legislative body does hereby authorize the annexation of territory within the Future Annexation Area to CFD No. 2022-01 in the future pursuant to the provisions and authorization of Article 3.5 of the Act. Section 4. Description of the Future Annexation Area. A description of the Future Annexation Area is as follows: All that property and territory proposed to be annexed in the future to CFD No. 2022-01, as said property is shown on a Page 252 3 ATTACHMENT 3 map as previously approved by this legislative body, said map designated as "Proposed Boundaries of the Future Annexation Area of Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga" (the “Future Annexation Area Map”), a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. The Future Annexation Area Map has been filed in the Office of the San Bernardino County Recorder, in Book 90, Page 25 of Maps of Assessment and Community Facilities Districts and as Document No. 2022-0169359. Future annexation proceedings may only be completed with the unanimous consent of the owner or owners of any parcel proposed for annexation. Section 5. Authorized Services. The types of services to be financed from the levy of the special tax in CFD No. 2022-01, including the Future Annexation Area, are those described in Exhibit A hereto which is incorporated herein by this reference ("Authorized Services"). The Authorized Services to be financed by the levy of special taxes to be levied on specific territory within the Future Annexation Area to be annexed to CFD No. 2022-01 may include some or all of such Authorized Services or may include alternatives to the Authorized Services. The Authorized Services shall to the maximum extent practicable, taking into account budgetary and operational demands of the City, be provided in common within CFD No. 2022-01 and the territory within the Future Annexation Area. The City Council finds that the Authorized Services described in this Section 5 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of CFD No. 2022-01 and the Future Annexation Area. Section 6. Special Tax. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the “Special Tax”) to be provided in the territory of the Future Annexation Area upon the annexation of such territory to CFD No. 2022-01 and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the territory within the Future Annexation Area that annexes to CFD No. 2022-01, will be levied annually within the boundaries of such territory upon the annexation thereof to CFD No. 2022-01. For further particulars as to the rates and method of apportionment of the proposed Special Tax, reference is made to the attached and incorporated Exhibit B (the “Rates and Method”), which sets forth in sufficient detail the rate and method of apportionment of the Special Tax to allow each landowner or resident within the territory in the Future Annexation Area to clearly estimate the maximum amount of the Special Tax that such person will have to pay for the Authorized Services upon the annexation of such territory to CFD No. 2022-01. The Special Tax Page 253 4 ATTACHMENT 3 may not be prepaid. Notwithstanding the foregoing, if the actual cost of providing Authorized Services to any territory within the proposed Future Annexation Area is higher or lower than the cost of providing such services within the existing CFD No. 2022-01, a higher or lower special tax may be levied within such territory subject to the unanimous approval and election of the owner or owners of such territory. In any such circumstance, the Rate and Method may be revised to reflect the higher or lower special tax, as applicable. The proposed Special Tax, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City. Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax. Section 7. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by CFD No. 2022-01 of the special taxes described in Section 6 above. A. The Special Tax shall be levied for the specific purposes set forth in Section 6 above. B. The proceeds of the levy of the Special Tax shall be applied only to the specific applicable purposes set forth in Section 6 above. C. CFD No. 2022-01 shall establish a separate account into which the proceeds of the Special Tax shall be deposited. D. The Finance Director of the City of Rancho Cucamonga, or his or her designee, acting for and on behalf of CFD No. 2022-01, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3 Section 8. Annexation Effective Date. Annexation of territory in the Future Annexation Area to CFD No. 2022-01 in the future shall be effective only upon the unanimous approval of the owner or owners of each parcel or parcels to the annexation of such parcel or parcels to the election by such owner or owners to subject such parcel or parcel to the levy of the special tax at any time that any parcel is proposed for annexation. Upon receipt of the written consent and election by such owner or owners, no further public hearings will be required to effectuate the annexation of such parcel or parcels to CFD No. 2022-01. Page 254 5 ATTACHMENT 3 [Remainder of this page intentionally left blank.] Page 255 6 ATTACHMENT 3 Section 9. Effective Date. This resolution shall become effective upon its adoption. ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 1st day of June, 2022, by the following roll call vote to wit: AYES: NOES: ABSENT: APPROVED L. DENNIS MICHAEL, MAYOR ATTEST JANICE C. REYNOLDS, CITY CLERK Attachments: Exhibit A Exhibit B Page 256 A-1 ATTACHMENT 3 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-01, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributable to maintaining and servicing street lights, traffic signals and appurtenant facilities throughout CFD No. 2022-01. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method. Page 257 B-1 ATTACHMENT 3 EXHIBIT B RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: “Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only. “Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-01 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Page 258 B-2 ATTACHMENT 3 Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-01. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-01 for any other administrative purposes, including, but not limited to, attorney’s fees. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-01. “Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-01 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-01, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on May 4, 2022 in Book 90 at Page 22 as Document Number 2022-0167399. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-01” means Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga. “City” means the City of Rancho Cucamonga. “City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-01. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. Page 259 B-3 ATTACHMENT 3 “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-01 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year. “Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-01 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system. “Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, each property use thereon is subject to taxation pursuant to section C below. The Acreage used to calculate the Special Tax for a portion of an Assessor’s Parcel that is Non-Residential Property shall include only the share of such Assessor’s Parcel that will be used as Non-Residential Property, to include structures, parking and other Parcel area. “Multi-Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with two or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. Multi-Family Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with one Unit with a single Assessor’s Parcel Number that is a condominium pursuant the definition in Civil Code Section 4125 or a townhome. “Non-Residential Property” means all Assessor’s Parcels of Developed Property within the boundaries of CFD 2022-01 for which a building permit(s) has been issued for a non-residential structure(s). “Open Space Property” means property within the boundaries of CFD No. 2022-01 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s Page 260 B-4 ATTACHMENT 3 association, condominium owner’s association, master or sub-association or non- residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-01 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-01 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-01. “Single Family Residential Property” means all Assessor’s Parcels of Developed Property with a residential structure intended as a single primary Unit. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California. “Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means an area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-01 at the time of its formation is within Tax Zone Nos. 1 and 6. Additional Tax Zones may be created when property is annexed to CFD No. 2022-01, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-01 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-01 that are not exempt from the Special Tax pursuant to law or Section E below. Page 261 B-5 ATTACHMENT 3 “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-01 that are not Developed Property. “Unit” means an individual residential living space. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-01 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. DETERMINATION OF TAXABLE PARCELS On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-01. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then- current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Single Family Residential Property, Non-Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year. C. MAXIMUM ANNUAL SPECIAL TAX RATE The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone Nos. 1-8 shall be assigned according to the tables on the following pages. In some instances, an Assessor’s Parcel of Developed Property may contain more than one property land use. The Maximum Special Tax assigned to an Assessor’s Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for all property uses located on that Assessor’s Parcel. Additionally, Accessory Dwelling Units will be levied at 50% of the applicable Maximum Special Tax Rate for the property type of the primary Unit. Page 262 B-6 ATTACHMENT 3 Tax Zone No. 1 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $22.67 per Unit Multi-Family Residential Property $22.67 per Unit Non-Residential Property $45.34 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 2 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $75.17 per Unit Multi-Family Residential Property $75.17 per Unit Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 3 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $47.15 per Unit Multi-Family Residential Property $47.15 per Unit Non-Residential Property $94.30 per Are Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Page 263 B-7 ATTACHMENT 3 Tax Zone No. 4 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $28.96 per Unit Multi-Family Residential Property $28.96 per Unit Non-Residential Property $57.92 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 5 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $63.79 per Unit Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 6 Property Land Use 2022/23 Maximum Special Tax Rate Non-Residential Property $51.40 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Page 264 B-8 ATTACHMENT 3 Tax Zone No. 7 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $58.64 per Unit Multi-Family Residential Property $58.64 per Unit Non-Residential Property $117.28 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 8 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $37.79 per Unit Multi-Family Residential Property $37.79 per Unit Non-Residential Property $75.58 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone Nos. 1-8 shall be increased by an amount equal to the Tax Escalation Factor. A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-01 as a result of future annexations. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-01 by the method shown below. First: Determine the Annual Special Tax Requirement. Page 265 B-9 ATTACHMENT 3 Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax. Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-01. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 533401 of the Act. Welfare Exempt Property shall thereafter be exempt from the Special Tax for as long as the property qualifies as Welfare Exempt Property. F. APPEAL OF SPECIAL TAX LEVY Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner. Page 266 B-10 ATTACHMENT 3 G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the City’s discretion. H. MANNER AND DURATION OF SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-01, and may collect delinquent Special Taxes through available methods. A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement. I. PREPAYMENT OF SPECIAL TAX The Special Tax may not be prepaid. Page 267 1 ATTACHMENT 4 RESOLUTION NO. 2022-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the "City") has declared its intention, conducted proceedings and held a public hearing relating to the authorization to annex territory in the future to Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”) pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and specifically Article 3.5 thereof; and WHEREAS, notice of such public hearing was given in the form and manner as required by the Act; and WHEREAS, all communications relating to the authorization to annex territory in the future were presented at such public hearing, and it has been determined that a majority protest as defined by Government Code Section 53339.6 has not been received against the authorization to annex territory in the future to CFD No. 2022-02; and WHEREAS, it has now been determined to be within the public interest and convenience to establish a procedure to allow and provide for future annexations to CFD No. 2022-02 and further to specify the amount of special taxes that would be authorized to be levied on any parcels that may be annexed to CFD No. 2022-02 in the future, as well as setting forth the terms and conditions for certification for any annexation in the future; and WHEREAS, the territory proposed to be annexed in the future shall be known and designated as Future Annexation Area Community Facilities District No. 2022-02 (the "Future Annexation Area"), and a map designated as "Future Annexation Area, Community Facilities District No. 2022-02 (Industrial Area Services), City of Rancho Cucamonga, County of San Bernardino, State of California" showing the territory proposed to be annexed in the future has been approved and a copy thereof shall be kept on file with the transcript of these proceedings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Determinations. It is hereby determined by this City Council as follows: Page 268 2 ATTACHMENT 4 A. All prior proceedings pertaining to authorization for the annexation of the Future Annexation Area to CFD No. 2022-02 in the future were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B. The written protests against the authorization for the annexation of the Future Annexation Area to CFD No. 2022-02 in the future received do not represent a majority protest as defined by Government Code Section 53339.6 and, therefore, the authorization for the annexation of the Future Annexation Area to CFD No. 2022-02 in the future has not been precluded by majority protest pursuant to Government Code Section 53339.6. C. The public convenience and necessity require a procedure to authorize and provide for territory to be annexed in the future to CFD No. 2022-02 in order to finance the costs and expenses necessary to provide the public services described below made necessary by the development or redevelopment of such territory. D. The authorization for the annexation of territory within the Future Annexation Area to CFD No. 2022-02 in the future as proposed conforms with the City of Rancho Cucamonga’s statement of goals and policies regarding the establishment of community facilities districts. E. The provision for the annexation of territory within the Future Annexation Area to CFD No. 2022-02 in the future and the authorization to levy special taxes of territory within the Future Annexation Area upon the annexation thereof to CFD No. 2022-02 to finance the public services described below constitutes the creation of a government funding mechanism which does not involve the commitment to any specific project which may result in a potentially significant physical impact on the environment. Therefore, the provision for the annexation of territory within the Future Annexation Area to CFD No. 2022-02 in the future and the authorization to levy special taxes within such territory upon the annexation thereof to CFD No. 2022-02 does not constitute a “project” which is subject to the provisions of the California Environmental Quality Act (California Public Resources Code Section 21000 and following). Section 3. Annexation Authority. This legislative body does hereby authorize the annexation of territory within the Future Annexation Area to CFD No. 2022-02 in the future pursuant to the provisions and authorization of Article 3.5 of the Act. Section 4. Description of the Future Annexation Area. A description of the Future Annexation Area is as follows: All that property and territory proposed to be annexed in the future to CFD No. 2022-02, as said property is shown on a Page 269 3 ATTACHMENT 4 map as previously approved by this legislative body, said map designated as "Proposed Boundaries of the Future Annexation Area of Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga" (the “Future Annexation Area Map”), a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. The Future Annexation Area Map has been filed in the Office of the San Bernardino County Recorder, in Book 90, Page 26 of Maps of Assessment and Community Facilities Districts and as Document No. 2022-0169360. Future annexation proceedings may only be completed with the unanimous consent of the owner or owners of any parcel proposed for annexation. Section 5. Authorized Services. The types of services to be financed from the levy of the special tax in CFD No. 2022-02, including the Future Annexation Area, are those described in Exhibit A hereto which is incorporated herein by this reference ("Authorized Services"). The Authorized Services to be financed by the levy of special taxes to be levied on specific territory within the Future Annexation Area to be annexed to CFD No. 2022-02 may include some or all of such Authorized Services or may include alternatives to the Authorized Services. The Authorized Services shall to the maximum extent practicable, taking into account budgetary and operational demands of the City, be provided in common within CFD No. 2022-02 and the territory within the Future Annexation Area. The City Council finds that the Authorized Services described in this Section 5 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of CFD No. 2022-02 and the Future Annexation Area. Section 6. Special Tax. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the “Special Tax”) to be provided in the territory of the Future Annexation Area upon the annexation of such territory to CFD No. 2022-02 and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the territory within the Future Annexation Area that annexes to CFD No. 2022-02, will be levied annually within the boundaries of such territory upon the annexation thereof to CFD No. 2022-02. For further particulars as to the rates and method of apportionment of the proposed Special Tax, reference is made to the attached and incorporated Exhibit B (the “Rates and Method”), which sets forth in sufficient detail the rate and method of apportionment of the Special Tax to allow each landowner or resident within the territory in the Future Annexation Area to clearly estimate the maximum amount of the Special Tax that such person will have to pay for the Authorized Services upon the annexation of such territory to CFD No. 2022-02. The Special Tax Page 270 4 ATTACHMENT 4 may not be prepaid. Notwithstanding the foregoing, if the actual cost of providing Authorized Services to any territory within the proposed Future Annexation Area is higher or lower than the cost of providing such services within the existing CFD No. 2022-02, a higher or lower special tax may be levied within such territory subject to the unanimous approval and election of the owner or owners of such territory. In any such circumstance, the Rate and Method may be revised to reflect the higher or lower special tax, as applicable. The proposed Special Tax, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City. Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax. Section 7. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by CFD No. 2022-02 of the special taxes described in Section 6 above. A. The Special Tax shall be levied for the specific purposes set forth in Section 6 above. B. The proceeds of the levy of the Special Tax shall be applied only to the specific applicable purposes set forth in Section 6 above. C. CFD No. 2022-02 shall establish a separate account into which the proceeds of the Special Tax shall be deposited. D. The Finance Director of the City of Rancho Cucamonga, or his or her designee, acting for and on behalf of CFD No. 2022-02, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3 Section 8. Annexation Effective Date. Annexation of territory in the Future Annexation Area to CFD No. 2022-02 in the future shall be effective only upon the unanimous approval of the owner or owners of each parcel or parcels to the annexation of such parcel or parcels to the election by such owner or owners to subject such parcel or parcel to the levy of the special tax at any time that any parcel is proposed for annexation. Upon receipt of the written consent and election by such owner or owners, no further public hearings will be required to effectuate the annexation of such parcel or parcels to CFD No. 2022-02. Page 271 5 ATTACHMENT 4 [Remainder of this page intentionally left blank.] Page 272 6 ATTACHMENT 4 Section 9. Effective Date. This resolution shall become effective upon its adoption. ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 1st day of June, 2022, by the following roll call vote to wit: AYES: NOES: ABSENT: APPROVED L. DENNIS MICHAEL, MAYOR ATTEST JANICE C. REYNOLDS, CITY CLERK Attachments: Exhibit A Exhibit B Page 273 A-1 ATTACHMENT 4 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-02, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributed to maintaining and servicing landscape and tree maintenance, storm drain repair and maintenance, streets and roadway services, police safety calls and service, and creating a capital reserve account for any future industrial repairs and maintenance. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses" as said term is defined in the Rate and Method. Page 274 B-1 ATTACHMENT 4 EXHIBIT B RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: “Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only. “Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-02 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Page 275 B-2 ATTACHMENT 4 Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-02. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-02 for any other administrative purposes, including, but not limited to, attorney’s fees. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-02. “Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-02 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-02, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on May 4, 2022 in Book 90 at Page 21 as Document Number 2022-0167398. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-02” means Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga. “City” means the City of Rancho Cucamonga. “City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-02. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. Page 276 B-3 ATTACHMENT 4 “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-02 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year. “Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-02 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for an industrial use. “Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. “Open Space Property” means property within the boundaries of CFD No. 2022-02 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non- residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-02 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-02 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For Page 277 B-4 ATTACHMENT 4 purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-02. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California. “Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-02 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-02, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022- 02 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-02 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-02 that are not Developed Property. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-02 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. DETERMINATION OF TAXABLE PARCELS Article I.On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-02. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which Page 278 B-5 ATTACHMENT 4 each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Industrial Property, Mixed-Use Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year. C. MAXIMUM ANNUAL SPECIAL TAX RATE The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to the table on the following page. Tax Zone No. 1 Property Land Use 2022/23 Maximum Special Tax Rate Industrial Property $5,852.00 per Acre Mixed Use Property $12,030.00 per Acre Accessory Dwelling Units $731.50 per ADU Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be increased by the Tax Escalation Factor. On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone No. 1 shall be increased by an amount equal to the Tax Escalation Factor. A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-02 as a result of future annexations. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-02 by the method shown below. First: Determine the Annual Special Tax Requirement. Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax. Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-02. Page 279 B-6 ATTACHMENT 4 E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 53340.1 of the Act. Welfare Exempt Property shall be exempt from the Special Tax in each Fiscal Year the property qualifies as Welfare Exempt Property. F. APPEAL OF SPECIAL TAX LEVY Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner. G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the Page 280 B-7 ATTACHMENT 4 interpretation and application of any section of this document shall be at the City’s discretion. H. MANNER AND DURATION OF SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-02, and may collect delinquent Special Taxes through available methods. A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement. I. PREPAYMENT OF SPECIAL TAX The Special Tax may not be prepaid. Page 281 1 ATTACHMENT 5 RESOLUTION NO. 2022-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA PROPOSITION WITH RESPECT TO THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO PAY THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT AND A PROPOSITION WITH RESPECT TO ESTABLISHING AN APPROPRIATIONS LIMIT FOR SAID COMMUNITY FACILITIES DISTRICT WHEREAS, pursuant to Section 53325.1 of the California Government Code, the City Council (the “City Council”) of the City of Rancho Cucamonga (“the City”) has adopted a resolution establishing Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California (the “CFD No. 2022-01”) and the boundaries thereof (“Resolution of Formation”); and WHEREAS, pursuant to Section 53326 of said Code, it is necessary that the City Council submit to the voters of the CFD No. 2022-01 the annual levy of special taxes on the property within the CFD No. 2022-01 to pay the costs of providing the services described in the Resolution of Formation; and WHEREAS, pursuant to Section 53325.7 of said Code, the City Council may also submit to the voters of the CFD No. 2022-01 a proposition with respect to establishing an appropriations limit for the CFD No. 2022-01; NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Rancho Cucamonga, California, Section 1. Findings. The City Council finds that: (i) the foregoing recitals are correct; (ii) less than 12 persons have been registered to vote within the territory of the CFD No. 2022-01 during the 90 days preceding the close of the public hearing on June 1, 2022; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the CFD No. 2022-01 whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the CFD No. 2022-01 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) Bridge Point Rancho Cucamonga, LLC, a Delaware limited liability company, the owner of all of the land in the CFD No. 2022-01, has by written consent (a) waived the time limits set forth in said Section 53326 for holding the election called by this resolution, (b) consented to the holding of said election on June 1, 2022, (c) waived notice and mailed notice of the time and date of said election, (d) Page 282 2 ATTACHMENT 5 waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code; and (v) the City Clerk of the City has consented to the holding of said election on June 1, 2022. Section 2. Call of Election. The City Council hereby calls and schedules a special election for June 1, 2022, on the proposition with respect to the annual levy of special taxes within the CFD No. 2022-01 for paying the cost of the services to be provided within and for the benefit of the CFD No. 2022-01 and on the proposition with respect to establishing an appropriations limit for the CFD No. 2022-01. Section 3. Propositions. The propositions to be submitted to the voters of the CFD No. 2022-01 at such special election shall be as follows: PROPOSITION A Shall Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California, subject to accountability measures set forth in California Government Code Section 50075.1, levy special taxes throughout such community facilities district pursuant to the method of apportioning the special tax set forth in Attachment A to this Official Ballot for the purpose of financing municipal maintenance services, including but not limited to the services set forth in Attachment B to this Official Ballot to meet the increased demand for such services resulting from new development within CFD No. 2022-01 and the cost of administering the levy and collection of the special taxes and CFD No. 2022-01? PROPOSITION B Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California in the amount of $500,000? Section 4.Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable. Section 5. Election Procedures. The procedures to be followed in conducting the special election on (i) the levy of Special Taxes to pay the annual costs of the Services, and (ii) establishing an appropriations limit for the community facilities district to the qualified electors of the community facilities district (the “Special Election”) shall be as follows: Page 283 3 ATTACHMENT 5 (a) Pursuant to said Section 53326 of the California Government Code, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit “A,” and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of Resolution No. 2022-039; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner- voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the CFD No. 2022-01. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all Page 284 4 ATTACHMENT 5 other information to be inserted thereon properly inserted by 7:00 p.m. on June 1, 2022. (f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the special election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. BE IT FURTHER RESOLVED AND ORDERED The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting hereof held 1st day of June, 2022, by the following vote: AYES: NAYS: ABSENT: APPROVED L. DENNIS MICHAEL, MAYOR ATTEST: JANICE C. REYNOLDS, CITY CLERK Page 285 A-1 ATTACHMENT 5 EXHIBIT “A” OFFICIAL BALLOT SPECIAL ELECTION NUMBER OF VOTES ENTITLED TO BE CAST: COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA June 1, 2022 OFFICIAL BALLOT To vote on any measure, fill in the voting square before the word “YES” or before the word “NO” following each proposition. If you tear or deface this ballot, call Janice Reynolds, City Clerk of the City of Rancho Cucamonga at (909) 477-2700 to obtain a replacement ballot. ______________________________________________________________________________ PROPOSITION A Shall Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California, subject to accountability measures set forth in California Government Code Section 50075.1, levy special taxes throughout such community facilities district pursuant to the method of apportioning the special tax set forth in Attachment A to this Official Ballot for the purpose of financing municipal maintenance services, including but not limited to the services set forth in Attachment B to this Official Ballot to meet the increased demand for such services resulting from new development within CFD No. 2022-01 and the cost of administering the levy and collection of the special taxes and CFD No. 2022-01? □ YES □ NO PROPOSITION B Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California in the amount of $500,000? □ YES □ NO Page 286 A-2 ATTACHMENT 5 OFFICIAL BALLOT ATTACHMENT A RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: “Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only. “Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-01 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising Page 287 A-3 ATTACHMENT 5 from any delinquent Special Tax in CFD No. 2022-01. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-01 for any other administrative purposes, including, but not limited to, attorney’s fees. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-01. “Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-01 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022- 01, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on May 4, 2022 in Book 90 at Page 22 as Document Number 2022-0167399. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-01” means Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga. “City” means the City of Rancho Cucamonga. “City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-01. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-01 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year. Page 288 A-4 ATTACHMENT 5 “Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-01 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system. “Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, each property use thereon is subject to taxation pursuant to section C below. The Acreage used to calculate the Special Tax for a portion of an Assessor’s Parcel that is Non- Residential Property shall include only the share of such Assessor’s Parcel that will be used as Non-Residential Property, to include structures, parking and other Parcel area. “Multi-Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with two or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. Multi- Family Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with one Unit with a single Assessor’s Parcel Number that is a condominium pursuant the definition in Civil Code Section 4125 or a townhome. “Non-Residential Property” means all Assessor’s Parcels of Developed Property within the boundaries of CFD 2022-01 for which a building permit(s) has been issued for a non- residential structure(s). “Open Space Property” means property within the boundaries of CFD No. 2022-01 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-01 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. Page 289 A-5 ATTACHMENT 5 “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-01 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-01. “Single Family Residential Property” means all Assessor’s Parcels of Developed Property with a residential structure intended as a single primary Unit. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California. “Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means an area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-01 at the time of its formation is within Tax Zone Nos. 1 and 6. Additional Tax Zones may be created when property is annexed to CFD No. 2022-01, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-01 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022- 01 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-01 that are not Developed Property. “Unit” means an individual residential living space. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. Page 290 A-6 ATTACHMENT 5 “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-01 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. DETERMINATION OF TAXABLE PARCELS On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-01. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Single Family Residential Property, Non-Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year. C. MAXIMUM ANNUAL SPECIAL TAX RATE The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone Nos. 1-8 shall be assigned according to the tables on the following pages. In some instances, an Assessor’s Parcel of Developed Property may contain more than one property land use. The Maximum Special Tax assigned to an Assessor’s Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for all property uses located on that Assessor’s Parcel. Additionally, Accessory Dwelling Units will be levied at 50% of the applicable Maximum Special Tax Rate for the property type of the primary Unit. Tax Zone No. 1 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $22.67 per Unit Multi-Family Residential Property $22.67 per Unit Non-Residential Property $45.34 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Page 291 A-7 ATTACHMENT 5 Tax Zone No. 2 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $75.17 per Unit Multi-Family Residential Property $75.17 per Unit Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 3 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $47.15 per Unit Multi-Family Residential Property $47.15 per Unit Non-Residential Property $94.30 per Are Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 4 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $28.96 per Unit Multi-Family Residential Property $28.96 per Unit Non-Residential Property $57.92 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Page 292 A-8 ATTACHMENT 5 Tax Zone No. 5 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $63.79 per Unit Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 6 Property Land Use 2022/23 Maximum Special Tax Rate Non-Residential Property $51.40 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 7 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $58.64 per Unit Multi-Family Residential Property $58.64 per Unit Non-Residential Property $117.28 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Page 293 A-9 ATTACHMENT 5 Tax Zone No. 8 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $37.79 per Unit Multi-Family Residential Property $37.79 per Unit Non-Residential Property $75.58 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone Nos. 1-8 shall be increased by an amount equal to the Tax Escalation Factor. A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-01 as a result of future annexations. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-01 by the method shown below. First: Determine the Annual Special Tax Requirement. Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax. Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-01. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 533401 of the Act. Welfare Exempt Property shall thereafter be exempt from the Special Tax for as long as the property qualifies as Welfare Exempt Property. Page 294 A-10 ATTACHMENT 5 F. APPEAL OF SPECIAL TAX LEVY Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner. G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the City’s discretion. H. MANNER AND DURATION OF SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-01, and may collect delinquent Special Taxes through available methods. A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement. Page 295 A-11 ATTACHMENT 5 I. PREPAYMENT OF SPECIAL TAX The Special Tax may not be prepaid. Page 296 B-1 ATTACHMENT 5 ATTACHMENT B DESCRIPTION OF AUTHORIZED SERVICES The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-01, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributable to maintaining and servicing street lights, traffic signals and appurtenant facilities throughout CFD No. 2022-01. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method. Page 297 1 ATTACHMENT 6 RESOLUTION NO. 2022-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA PROPOSITION WITH RESPECT TO THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO PAY THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT AND A PROPOSITION WITH RESPECT TO ESTABLISHING AN APPROPRIATIONS LIMIT FOR SAID COMMUNITY FACILITIES DISTRICT WHEREAS, pursuant to Section 53325.1 of the California Government Code, the City Council (the “City Council”) of the City of Rancho Cucamonga (“the City”) has adopted a resolution establishing Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California (the “CFD No. 2022-02”) and the boundaries thereof (“Resolution of Formation”); and WHEREAS, pursuant to Section 53326 of said Code, it is necessary that the City Council submit to the voters of the CFD No. 2022-02 the annual levy of special taxes on the property within the CFD No. 2022-02 to pay the costs of providing the services described in the Resolution of Formation; and WHEREAS, pursuant to Section 53325.7 of said Code, the City Council may also submit to the voters of the CFD No. 2022-02 a proposition with respect to establishing an appropriations limit for the CFD No. 2022-02; NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Rancho Cucamonga, California, Section 1. Findings. The City Council finds that: (i) the foregoing recitals are correct; (ii) less than 12 persons have been registered to vote within the territory of the CFD No. 2022-02 during the 90 days preceding the close of the public hearing on June 1, 2022; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the CFD No. 2022-02 whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the CFD No. 2022-02 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) Bridge Point Rancho Cucamonga, LLC, a Delaware limited liability company, the owner of all of the land in the CFD No. 2022-02, has by written consent (a) waived the time limits set forth in said Section 53326 for holding the election called by this resolution, (b) consented to the holding of said election on June 1, 2022, (c) waived notice and mailed notice of the time and date of said election, (d) Page 298 2 ATTACHMENT 6 waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code; and (v) the City Clerk of the City has consented to the holding of said election on June 1, 2022. Section 2. Call of Election. The City Council hereby calls and schedules a special election for June 1, 2022, on the proposition with respect to the annual levy of special taxes within the CFD No. 2022-02 for paying the cost of the services to be provided within and for the benefit of the CFD No. 2022-02 and on the proposition with respect to establishing an appropriations limit for the CFD No. 2022-02. Section 3. Propositions. The propositions to be submitted to the voters of the CFD No. 2022-02 at such special election shall be as follows: PROPOSITION A Shall Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California, subject to accountability measures set forth in California Government Code Section 50075.1, levy special taxes throughout such community facilities district pursuant to the method of apportioning the special tax set forth in Attachment A to this Official Ballot for the purpose of financing municipal maintenance services, including but not limited to the services set forth in Attachment B to this Official Ballot to meet the increased demand for such services resulting from new development within CFD No. 2022-02 and the cost of administering the levy and collection of the special taxes and CFD No. 2022-02? PROPOSITION B Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California in the amount of $3,000,000? Section 4.Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable. Section 5. Election Procedures. The procedures to be followed in conducting the special election on (i) the levy of Special Taxes to pay the annual costs of the Services, and (ii) establishing an appropriations limit for the community facilities district to the qualified electors of the community facilities district (the “Special Election”) shall be as follows: Page 299 3 ATTACHMENT 6 (a) Pursuant to said Section 53326 of the California Government Code, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit “A,” and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of Resolution No. 2022-041; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner- voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the CFD No. 2022-02. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all Page 300 4 ATTACHMENT 6 other information to be inserted thereon properly inserted by 7:00 p.m. on June 1, 2022. (f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the special election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. BE IT FURTHER RESOLVED AND ORDERED The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting hereof held 1st day of June, 2022, by the following vote: AYES: NAYS: ABSENT: APPROVED L. DENNIS MICHAEL, MAYOR ATTEST: JANICE C. REYNOLDS, CITY CLERK Page 301 A-1 ATTACHMENT 6 EXHIBIT “A” OFFICIAL BALLOT SPECIAL ELECTION NUMBER OF VOTES ENTITLED TO BE CAST: COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA June 1, 2022 OFFICIAL BALLOT To vote on any measure, fill in the voting square before the word “YES” or before the word “NO” following each proposition. If you tear or deface this ballot, call Janice Reynolds, City Clerk of the City of Rancho Cucamonga at (909) 477-2700 to obtain a replacement ballot. ______________________________________________________________________________ PROPOSITION A Shall Community Facilities District No. 2022-02 (Industrial Services Area) of the City of Rancho Cucamonga, County of San Bernardino, State of California, subject to accountability measures set forth in California Government Code Section 50075.1, levy special taxes throughout such community facilities district pursuant to the method of apportioning the special tax set forth in Attachment A to this Official Ballot for the purpose of financing municipal maintenance services, including but not limited to the services set forth in Attachment B to this Official Ballot to meet the increased demand for such services resulting from new development within CFD No. 2022-02 and the cost of administering the levy and collection of the special taxes and CFD No. 2022-02? □ YES □ NO PROPOSITION B Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 2022-02 (Industrial Services Area) of the City of Rancho Cucamonga, County of San Bernardino, State of California in the amount of $3,000,000? □ YES □ NO Page 302 A-2 ATTACHMENT 6 OFFICIAL BALLOT ATTACHMENT A RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: “Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only. “Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-02 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of Page 303 A-3 ATTACHMENT 6 the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-02. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-02 for any other administrative purposes, including, but not limited to, attorney’s fees. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-02. “Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-02 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022- 02, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on May 4, 2022 in Book 90 at Page 21 as Document Number 2022-0167398. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-02” means Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga. “City” means the City of Rancho Cucamonga. “City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-02. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-02 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year. Page 304 A-4 ATTACHMENT 6 “Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-02 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for an industrial use. “Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. “Open Space Property” means property within the boundaries of CFD No. 2022-02 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-02 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-02 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-02. Page 305 A-5 ATTACHMENT 6 “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California. “Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-02 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-02, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-02 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022- 02 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-02 that are not Developed Property. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-02 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. DETERMINATION OF TAXABLE PARCELS Article I.On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-02. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Industrial Property, Mixed-Use Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year. C. MAXIMUM ANNUAL SPECIAL TAX RATE The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to the table on the following page. Page 306 A-6 ATTACHMENT 6 Tax Zone No. 1 Property Land Use 2022/23 Maximum Special Tax Rate Industrial Property $5,852.00 per Acre Mixed Use Property $12,030.00 per Acre Accessory Dwelling Units $731.50 per ADU Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be increased by the Tax Escalation Factor. On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone No. 1 shall be increased by an amount equal to the Tax Escalation Factor. A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-02 as a result of future annexations. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-02 by the method shown below. First: Determine the Annual Special Tax Requirement. Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax. Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-02. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 53340.1 of the Act. Welfare Exempt Property shall be exempt from the Special Tax in each Fiscal Year the property qualifies as Welfare Exempt Property. Page 307 A-7 ATTACHMENT 6 F. APPEAL OF SPECIAL TAX LEVY Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner. G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the City’s discretion. H. MANNER AND DURATION OF SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-02, and may collect delinquent Special Taxes through available methods. A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement. Page 308 A-8 ATTACHMENT 6 I. PREPAYMENT OF SPECIAL TAX The Special Tax may not be prepaid. Page 309 B-1 ATTACHMENT 6 ATTACHMENT B DESCRIPTION OF AUTHORIZED SERVICES The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-02, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributed to maintaining and servicing landscape and tree maintenance, storm drain repair and maintenance, streets and roadway services, police safety calls and service, and creating a capital reserve account for any future industrial repairs and maintenance. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses" as said term is defined in the Rate and Method. Page 310 1 ATTACHMENT 7 RESOLUTION NO. 2022-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the “City”) has previously undertaken proceedings to establish and did establish a community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district shall hereinafter be referred to as Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022- 01”); and WHEREAS, this City Council called and ordered for an election to submit to the qualified electors of CFD No. 2022-01 propositions relating to the levy of a special tax within CFD No. 2022-01 and the establishment of an appropriations limit for CFD No. 2022-01; and, WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable two-thirds vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: Section 1. The above recitals are all true and correct. Section 2. This City Council hereby receives and approves the Certificate of Election Official and Statement of Votes Cast (“Certificate and Statement”), as submitted by the City Clerk, acting in her capacity as the election official, said statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of the Certificate and Statement is attached hereto, marked Exhibit “A”, referenced and so incorporated. Section 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in the Certificate and Statement. [Remainder of this page intentionally left blank.] Page 311 2 ATTACHMENT 7 Section 4. This resolution shall become effective upon its adoption. ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 1st day of June, 2022, by the following roll call vote to wit: AYES: NOES: ABSENT: APPROVED L. DENNIS MICHAEL, MAYOR ATTEST JANICE C. REYNOLDS, CITY CLERK Attachments: Exhibit A Page 312 A-1 ATTACHMENT 7 EXHIBIT A CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF RANCHO CUCAMONGA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) SPECIAL ELECTION in such Community Facilities District, held June 1, 2022. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said Community Facilities District, and the whole number of votes cast for the Measures in such Community Facilities District, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. 1. VOTES CAST ON PROPOSITION A: YES NO 2. VOTES CAST ON PROPOSITION B: YES NO WITNESS my hand this 1st day of June, 2022. CITY CLERK ELECTION OFFICIAL CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA Page 313 1 ATTACHMENT 8 RESOLUTION NO. 2022-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the “City”) has previously undertaken proceedings to establish and did establish a community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district shall hereinafter be referred to as Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022- 02”); and WHEREAS, this City Council called and ordered for an election to submit to the qualified electors of CFD No. 2022-02 propositions relating to the levy of a special tax within CFD No. 2022-02 and the establishment of an appropriations limit for CFD No. 2022-02; and, WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable two-thirds vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: Section 1. The above recitals are all true and correct. Section 2. This City Council hereby receives and approves the Certificate of Election Official and Statement of Votes Cast (“Certificate and Statement”), as submitted by the City Clerk, acting in her capacity as the election official, said statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of the Certificate and Statement is attached hereto, marked Exhibit “A”, referenced and so incorporated. Section 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in the Certificate and Statement. [Remainder of this page intentionally left blank.] Page 314 2 ATTACHMENT 8 Section 4. This resolution shall become effective upon its adoption. ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 1st day of June, 2022, by the following roll call vote to wit: AYES: NOES: ABSENT: APPROVED L. DENNIS MICHAEL, MAYOR ATTEST JANICE C. REYNOLDS, CITY CLERK Attachments: Exhibit A Page 315 A-1 ATTACHMENT 8 EXHIBIT A CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF RANCHO CUCAMONGA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) SPECIAL ELECTION in such Community Facilities District, held June 1, 2022. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said Community Facilities District, and the whole number of votes cast for the Measures in such Community Facilities District, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. 1. VOTES CAST ON PROPOSITION A: YES NO 2. VOTES CAST ON PROPOSITION B: YES NO WITNESS my hand this 1st day of June, 2022. CITY CLERK ELECTION OFFICIAL CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA Page 316 1 ATTACHMENT 9 ORDINANCE NO. ____ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the “City”), has undertaken proceedings to establish and has established a community facilities district and conducted an election therein and received a favorable vote from the qualified electors authorizing the levy of special taxes in such community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district is designated as Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”); and NOW, THEREFORE, this City Council of the City of Rancho Cucamonga, California, acting as the legislative body of CFD No. 2022-01 does hereby ordain as follows: Section 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in CFD No. 2022-01 pursuant to the Rates and Method of Apportionment of Special Tax as set forth in Exhibit “A” attached hereto and incorporated herein by this reference (the “Rates and Method”). Section 2. This City Council, acting as the legislative body of CFD No. 2022-01, is hereby further authorized, by resolution, to annually determine the special tax to be levied within CFD No. 2022-01 for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rates and Method. Section 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, that the City may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Section 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Section 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special Page 317 2 ATTACHMENT 9 tax obligation is canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 5330.5 of said Government Code. Section 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation pursuant to the provisions of California Government Code Section 36933. Introduced and the first reading was waived at a regular meeting of the City Council of the City of Rancho Cucamonga, California, on June 1, 2022. ENACTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 15th day of June, 2022, by the following roll call vote to wit: AYES: NOES: ABSENT: APPROVED L. DENNIS MICHAEL, MAYOR ATTEST JANICE C. REYNOLDS, CITY CLERK Attachments: Exhibit A Page 318 A-1 ATTACHMENT 9 EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: “Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only. “Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-01 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Page 319 A-2 ATTACHMENT 9 Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-01. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-01 for any other administrative purposes, including, but not limited to, attorney’s fees. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-01. “Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-01 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-01, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on May 4, 2022 in Book 90 at Page 22 as Document Number 2022-0167399. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-01” means Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga. “City” means the City of Rancho Cucamonga. “City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-01. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. Page 320 A-3 ATTACHMENT 9 “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-01 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year. “Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-01 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system. “Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, each property use thereon is subject to taxation pursuant to section C below. The Acreage used to calculate the Special Tax for a portion of an Assessor’s Parcel that is Non-Residential Property shall include only the share of such Assessor’s Parcel that will be used as Non-Residential Property, to include structures, parking and other Parcel area. “Multi-Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with two or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. Multi-Family Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with one Unit with a single Assessor’s Parcel Number that is a condominium pursuant the definition in Civil Code Section 4125 or a townhome. “Non-Residential Property” means all Assessor’s Parcels of Developed Property within the boundaries of CFD 2022-01 for which a building permit(s) has been issued for a non-residential structure(s). “Open Space Property” means property within the boundaries of CFD No. 2022-01 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s Page 321 A-4 ATTACHMENT 9 association, condominium owner’s association, master or sub-association or non- residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-01 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-01 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-01. “Single Family Residential Property” means all Assessor’s Parcels of Developed Property with a residential structure intended as a single primary Unit. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California. “Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means an area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-01 at the time of its formation is within Tax Zone Nos. 1 and 6. Additional Tax Zones may be created when property is annexed to CFD No. 2022-01, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-01 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-01 that are not exempt from the Special Tax pursuant to law or Section E below. Page 322 A-5 ATTACHMENT 9 “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-01 that are not Developed Property. “Unit” means an individual residential living space. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-01 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. DETERMINATION OF TAXABLE PARCELS On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-01. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then- current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Single Family Residential Property, Non-Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year. C. MAXIMUM ANNUAL SPECIAL TAX RATE The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone Nos. 1-8 shall be assigned according to the tables on the following pages. In some instances, an Assessor’s Parcel of Developed Property may contain more than one property land use. The Maximum Special Tax assigned to an Assessor’s Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for all property uses located on that Assessor’s Parcel. Additionally, Accessory Dwelling Units will be levied at 50% of the applicable Maximum Special Tax Rate for the property type of the primary Unit. Page 323 A-6 ATTACHMENT 9 Tax Zone No. 1 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $22.67 per Unit Multi-Family Residential Property $22.67 per Unit Non-Residential Property $45.34 per Acre Undeveloped Property $200.00 per Parcel *On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 2 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $75.17 per Unit Multi-Family Residential Property $75.17 per Unit Undeveloped Property $200.00 per Parcel *On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 3 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $47.15 per Unit Multi-Family Residential Property $47.15 per Unit Non-Residential Property $94.30 per Are Undeveloped Property $200.00 per Parcel *On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Page 324 A-7 ATTACHMENT 9 Tax Zone No. 4 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $28.96 per Unit Multi-Family Residential Property $28.96 per Unit Non-Residential Property $57.92 per Acre Undeveloped Property $200.00 per Parcel *On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 5 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $63.79 per Unit Undeveloped Property $200.00 per Parcel *On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 6 Property Land Use 2022/23 Maximum Special Tax Rate Non-Residential Property $51.40 per Acre Undeveloped Property $200.00 per Parcel *On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Page 325 A-8 ATTACHMENT 9 Tax Zone No. 7 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $58.64 per Unit Multi-Family Residential Property $58.64 per Unit Non-Residential Property $117.28 per Acre Undeveloped Property $200.00 per Parcel *On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 8 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $37.79 per Unit Multi-Family Residential Property $37.79 per Unit Non-Residential Property $75.58 per Acre Undeveloped Property $200.00 per Parcel *On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone Nos. 1-8 shall be increased by an amount equal to the Tax Escalation Factor. A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-01 as a result of future annexations. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-01 by the method shown below. First: Determine the Annual Special Tax Requirement. Page 326 A-9 ATTACHMENT 9 Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax. Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-01. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 533401 of the Act. Welfare Exempt Property shall thereafter be exempt from the Special Tax for as long as the property qualifies as Welfare Exempt Property. F. APPEAL OF SPECIAL TAX LEVY Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner. Page 327 A-10 ATTACHMENT 9 G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the City’s discretion. H. MANNER AND DURATION OF SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-01, and may collect delinquent Special Taxes through available methods. A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement. I. PREPAYMENT OF SPECIAL TAX The Special Tax may not be prepaid. Page 328 1 ATTACHMENT 10 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the “City”), has undertaken proceedings to establish and has established a community facilities district and conducted an election therein and received a favorable vote from the qualified electors authorizing the levy of special taxes in such community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district is designated as Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”); and NOW, THEREFORE, this City Council of the City of Rancho Cucamonga, California, acting as the legislative body of CFD No. 2022-02 does hereby ordain as follows: Section 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in CFD No. 2022-02 pursuant to the Rates and Method of Apportionment of Special Tax as set forth in Exhibit “A” attached hereto and incorporated herein by this reference (the “Rates and Method”). Section 2. This City Council, acting as the legislative body of CFD No. 2022-02, is hereby further authorized, by resolution, to annually determine the special tax to be levied within CFD No. 2022-02 for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rates and Method. Section 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, that the City may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Section 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Section 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is canceled in accordance with Section 53344 of the Government Code of Page 329 2 ATTACHMENT 10 the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 5330.5 of said Government Code. Section 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation pursuant to the provisions of California Government Code Section 36933. Introduced and the first reading was waived at a regular meeting of the City Council of the City of Rancho Cucamonga, California, on June 1, 2022. ENACTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 15th day of June, 2022, by the following roll call vote to wit: AYES: NOES: ABSENT: APPROVED L. DENNIS MICHAEL, MAYOR ATTEST JANICE C. REYNOLDS, CITY CLERK Attachments: Exhibit A Page 330 A-1 ATTACHMENT 10 EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: “Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only. “Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-02 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Page 331 A-2 ATTACHMENT 10 Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-02. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-02 for any other administrative purposes, including, but not limited to, attorney’s fees. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-02. “Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-02 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-02, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on May 4, 2022 in Book 90 at Page 21 as Document Number 2022-0167398. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-02” means Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga. “City” means the City of Rancho Cucamonga. “City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-02. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. Page 332 A-3 ATTACHMENT 10 “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-02 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year. “Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-02 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for an industrial use. “Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. “Open Space Property” means property within the boundaries of CFD No. 2022-02 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non- residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-02 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-02 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For Page 333 A-4 ATTACHMENT 10 purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-02. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California. “Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-02 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-02, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-02 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-02 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-02 that are not Developed Property. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-02 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. DETERMINATION OF TAXABLE PARCELS Article I. On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-02. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which Page 334 A-5 ATTACHMENT 10 each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Industrial Property, Mixed-Use Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year. C. MAXIMUM ANNUAL SPECIAL TAX RATE The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to the table on the following page. Tax Zone No. 1 Property Land Use 2022/23 Maximum Special Tax Rate Industrial Property $5,852.00 per Acre Mixed Use Property $12,030.00 per Acre Accessory Dwelling Units $731.50 per ADU Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be increased by the Tax Escalation Factor. On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone No. 1 shall be increased by an amount equal to the Tax Escalation Factor. A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-02 as a result of future annexations. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-02 by the method shown below. First: Determine the Annual Special Tax Requirement. Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax. Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-02. Page 335 A-6 ATTACHMENT 10 E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 53340.1 of the Act. Welfare Exempt Property shall be exempt from the Special Tax in each Fiscal Year the property qualifies as Welfare Exempt Property. F. APPEAL OF SPECIAL TAX LEVY Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner. G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the Page 336 A-7 ATTACHMENT 10 interpretation and application of any section of this document shall be at the City’s discretion. H. MANNER AND DURATION OF SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-02, and may collect delinquent Special Taxes through available methods. A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement. I. PREPAYMENT OF SPECIAL TAX The Special Tax may not be prepaid. Page 337 Consideration of Formation of a Street Lighting CFD and an Industrial Services CFD City Council June 1, 2022 Content •Background and Overview of Districts •Items for Consideration Tonight •Next Steps Background and Overview of Districts Community Facilities District No. 2022-01 Street Lighting Services Maintaining and servicing street lights, traffic signals, and appurtenant facilities Name Services Purpose New development funds its own costs, and revenues can increase with expenses over time. 12434 4th Street, Rancho Cucamonga, CA 91730Current Boundary City boundaryFuture Boundary Background and Overview of Districts Community Facilities District No. 2022-01 Land Use Proposed CFD Zone / Rate Existing SLD / Rate Rate Increase 2% to 6% per year No annual increase; most at max rate Single Family Zone 1 $22.67 per unit SLD 1 $17.77 per unit Single Family Zone 2 $75.17 per unit SLD 2 $39.97 per unit Single Family Zone 3 $47.15 per unit SLD 3 $47.15 per unit Single Family Zone 4 $28.96 per unit SLD 4 $28.96 per unit Single Family Zone 5 $63.79 per unit SLD 5 $34.60 per unit Non-Residential Zone 6 $51.40 per acre SLD 6 $51.40 per acre Single Family Zone 7 $58.64 per unit SLD 7 $33.32 per unit Single Family Zone 8 $37.79 per unit SLD 8 $30.60 per unit Background and Overview of Districts Community Facilities District No. 2022-02 Industrial Area Services Maintenance and services, and creating related capital reserves Name Services Purpose Offset impacts of industrial development on City infrastructure and services 12434 4th Street, Rancho Cucamonga, CA 91730Current Boundary Industrial zones, generally south of Foothill Blvd. Future Boundary Background and Overview of Districts Community Facilities District No. 2022-02 Land Use Existing SLD / Rate Industrial Property $5,852 per acre Mixed Use Property $12,030 per acre Accessory Dwelling Units $731.50 per ADU Undeveloped Property $200 per parcel Rates will increase 2% to 6% per year based on actual costs and planned future capital projects. Items for Consideration Tonight Street Lighting CFD Industrial Services CFDBoth Conduct Public Hearing Conduct Public Hearing Conduct Public Hearing Consider Resolutions Conduct Election Conduct Election Consider Resolutions Introduce Ordinance Introduce Ordinance Street Lighting CFD Industrial Services CFD Both CFDs Next Steps at Future Meeting •On June 15, City Council will consider second reading and adoption of Ordinances •Going forward, future development will be annexed into Districts with streamlined process DATE:June 1, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matthew R. Burris, AICP, LEED AP, Deputy City Manager – Community Development, Interim Planning Director Jennifer Nakamura, Deputy Director of Planning SUBJECT:Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four- fifths Vote, an Interim Urgency Ordinance Extending until June 30, 2022, an Interim Ordinance Adopting an Interim Development Code and Official City of Rancho Cucamonga Zoning Map, and Declaring the Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith. (URGENCY INTERIM ORDINANCE NO. 1004) (CITY) RECOMMENDATION: Staff recommends the City Council adopt Interim Urgency Ordinance No. 1004, extending an interim urgency ordinance to require development applications comply with the interim Development Code Update and Zoning Map to implement the General Plan until July 1, 2022. BACKGROUND: Government Code Section 65858 provides, “Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a…city…to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated General Plan, Specific Plan, or Zoning proposal that the legislative body, Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted.” On May 4, 2022, the City Council, by four-fifths vote, adopted Ordinance No. 998 to require new development applications to comply with the interim Development Code Update and Zoning Map while staff made final revisions to the final Development Code and conducted the outreach, public hearing and adoption process. Page 338 Page 2 1 2 8 6 ANALYSIS: Prior to the approval of the interim urgency ordinance, the Planning Commission conducted a public hearing on the permanent ordinance at its April 27, 2022, meeting. No public comments were received at either meeting and the Commission unanimously recommended adoption of all proposed amendments. As required pursuant to Section 65858(d) of the California Government Code, the City Council received a report on May 18, 2022, describing the measures taken to alleviate the condition which led to the adoption of the ordinance. On May 18, 2022, the City Council conducted a public hearing on the permanent code amendments and with a unanimous vote, adopted resolution 2022-055 and conducted first reading of ordinances 1000, 1001 and 1002 to enact all necessary legislative actions to adopt the revised Development Code and Zoning Map (Attachment 2). Ordinances 1000, 1001 and 1002 require a second reading, scheduled for June 1, and become effective 30 days after second reading, which would be July 1. The interim ordinance, if not extended, is set to expire on June 19. If the ordinance is not extended until the permanent ordinances become effective, development projects would be subject to the development standards from the previous code for a 12-day period, from June 19 through June 30. The standards from the previous code, particularly for mixed use and denser developments are inconsistent with the vision, goals and policies of the new General Plan. This could leave staff in the untenable position of denying projects formally submitted during the 12-day period that are otherwise consistent with the General Plan and the City’s vision for growth and development. Extending the interim ordinance will provide continuity for staff and eliminate uncertainty for our development partners to continue work on projects in the review process using consistent, updated development standards that implement the vision, goals and policies of the General Plan. FISCAL IMPACT: None COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Extending the interim urgency ordinance in an effort to maintain the public health, safety and welfare of the community achieves multiple City Council “Core Values,” including: Providing and nurturing a high quality of life for all; Promoting and enhancing a safe and healthy community for all; Intentionally embracing and anticipating the future; and Working together cooperatively and respectfully with each other, staff, and all stakeholders. ATTACHMENTS: Attachment 1 – May 4, 2022 Interim Ordinance Staff Report Attachment 2 – May 18, 2022 Permanent Code Adoption Staff Report Attachment 3 – Ordinance No. 1004 Page 339 1 1 2 4 7 DATE: May 4, 2022 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Matthew R. Burris, AICP, LEED AP, Deputy City Manager – Community Development, Interim Planning Director Jennifer Nakamura, Deputy Director of Planning SUBJECT:Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four- fifths Vote, Interim Urgency Ordinance No. 998, to be Read by Title Only and Waive Further Reading, Adopting an Interim Development Code and Official City Of Rancho Cucamonga Zoning Map, and Declaring The Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) In Connection Therewith. (INTERIM URGENCY ORDINANCE NO. 998) (CITY) RECOMMENDATION: Staff recommends that the City Council adopt the attached interim urgency ordinance (Attachment 1) to: 1. Require development applications comply with the interim Development Code Update and Zoning Map to implement the General Plan during the term of the interim urgency ordinance. 2. Adopt an addendum to the 2020 General Plan Update EIR under the California Environmental Quality Act (CEQA). BACKGROUND: On December 15, 2021, the City Council unanimously adopted the updated General Plan for the City of Rancho Cucamonga. The General Plan is the City’s blueprint, or constitution, for future development. It documents the city’s long-range vision and established clear goals, objectives and actions to guide the community through the next 10 to 20 years of change. The City Council initiated this update process, referred to as PlanRC, to be compliant with changes in state law and to build on our success as a world class community to create a balanced, vibrant and innovative city. This comprehensive General Plan Update addresses issues and challenges facing the City, including diversifying employment opportunities, expanding housing and mobility choice and preserving the character, history, and quality of life that make Rancho Cucamonga a special place to live. The updated General Plan will advance the City’s vision for a sustainable, resilient, equitable and healthy community. While the General Plan is the policy document that provides an overall vision, policy direction, and implementation strategy to support future development in Rancho Cucamonga, the Development Code implements General Plan policies through detailed development regulations, such as specific use types and building standards. Although the purpose and intent of zoning is different from the General Plan, state Page 340 2 1 2 4 7 law requires that zoning be consistent with maps and policies in the General Plan. Uses and densities/intensities are permitted if they are consistent with both the General Plan land use designation and the zoning of the property. When a zoning ordinance becomes inconsistent due to a general plan amendment, the city must enact a consistent zoning ordinance within a reasonable time. The adoption of the General Plan has spurred development interest and is resulting in an increase in applications for large-scale projects. Currently, there are over 1,700 residential units and approximately 64,000 square feet of commercial development in the pipeline along the major corridors in the southern portion of the city. The current development code is not consistent with the intent of the character-based General Plan Land Use Designations, and does not contain the necessary standards to implement the General Plan vision for walkable, mixed-use places. City staff have been working with a consultant team on amendments to the Development Code to implement the Land Use Designations in the updated General Plan, including the addition of form-based code components for the new mixed-use place types established in the General Plan. The adoption of the interim urgency ordinance will allow City staff to use the current draft of the updated Development Code to review and process development applications in a manner that is consistent with the updated General Plan and vision of the community. Government Code Section 65858 provides, “Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a…city…to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated General Plan, Specific Plan, or Zoning proposal that the legislative body, Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted.” The proposed Development Code attached to the interim urgency ordinance is not intended to be the final Development Code adopted in accordance with the normal zoning ordinance. However, it includes the most important zoning regulations and development standards to permit development applications to be evaluated, while allowing staff more time to prepare and process the permanent Development Code. City staff believes there is an immediate threat to the public health, safety, and welfare by not having in place a Development Code and Zoning Map that is consistent with the General Plan. Development applications are currently unable to be processed in a logical manner, threatening the production of housing units in the City. ANALYSIS: The goals of the Development Code update are to codify the community’s vision as established in the General Plan update process, increase certainty in the development review process, and facilitate implementation of key General Plan concepts related to land use and urban design. A primary objective is to integrate form-based regulations in appropriate areas, such as along Foothill Boulevard, to promote pedestrian activity and transition these areas from auto-oriented to more walkable and urban configurations. Fundamental elements of the Development Code update are: A hybrid Development Code that integrates form-based and conventional zones. New form-based zoning regulations for walkable mixed-use areas along Foothill Boulevard and other key corridors. Incorporation of appropriate standards from older Specific Plans and Planned Communities into the new zoning regulations to allow for repeal of outdated plans. New objective design standards for multi-family residential and mixed-use development projects. Revisions to conventional zones as needed to implement the land use vision of the General Plan. Revised general development standards to address General Plan policy or existing deficiencies with respect to landscaping, open space, and noise, among others as needed. Page 341 3 1 2 4 7 Improved administration and permit procedures to streamline development review for projects consistent with the General Plan and ensure adequate tools for enforcement of the Code. Compliance with State and Federal law. Consistency with the updated General Plan. General Plan Consistency The existing Development Code was reviewed for consistency with the goals and policies of the adopted General Plan. Where an inconsistency was identified, the Development Code was amended to provide adequate provisions to facilitate development in alignment with the policy direction of the General Plan. In addition, the intent and purpose of each General Plan land use designation was assessed to determine whether the designation could be implemented with an existing zoning district or if a new zone was needed. Recommendations to implement the General Plan and the creation of new form-based zones to implement the new mixed-use land use designations are described below. Implementation of the General Plan Vision To successfully achieve the City’s vision and uphold the core values identified by the community during the PlanRC process, the General Plan is designed around strengthening Rancho Cucamonga’s sense of identity and character by creating places where people want to be and improving their ability to move around. The overarching strategy is one of human-scaled design, with buildings and outdoor spaces oriented towards people connected by safe and comfortable streets, pathways, and trails that provide equitable access for all. The General Plan organizes the city into districts, centers, corridors, and neighborhoods, with an overall vision for greater walkability centered around nodes of activity. Page 342 4 1 2 4 7 Vision Diagram The Land Use and Community Character Chapter of the General Plan describes and defines the distinct types of places—or “place types”—that the City aims to create to achieve the vision. The General Plan unifies the inseparable topics of land use and community character and design into a single chapter to ensure that the uses, experiences, and activities that current and future community members enjoy in our city cannot be divorced from our vision for the unique look, feel, character, ambiance and quality of life that we enjoy in Rancho Cucamonga. Given the City’s broad place-making goals and the community’s interest in shaping the form and character of the city, the General Plan uses “place type” designations that go beyond conventional land use designations to better define the existing and intended character, form, and function of each part of the city. Each place type is organized into designations that provide direction on the intended range of uses, appropriate levels of development density and intensity, and intended physical design character. The Land Plan is illustrated below and also available on the City’s website: https://bit.ly/gplandplan. Page 343 5 1 2 4 7 Place Types and General Plan Designations Land Plan Page 344 6 1 2 4 7 Form-Based Code The Form-Based Code (FBC) implements the General Plan’s vision, place type designations, and policy direction for key areas of the city, including the major corridors, focus areas and activity nodes. The FBC, which is Article VIII of Title 17 (Development Code), establishes place-based standards for certain areas that are intended to promote pedestrian activity, encourage a diversity of uses, accommodate new housing typologies, and facilitate the transition of auto-oriented areas to more walkable and urban places. The FBC represents an alternative to a conventional zoning code’s approach to the way the built environment is regulated. The definition of a Form-Based Code is as follows: “Form-Based Codes foster predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. These codes are adopted into city or county law as regulations, not mere guidelines. Form-Based Codes are an alternative to conventional zoning.” (Source: Form-Based Codes Institute) Unlike conventional, use-based codes, FBCs utilize the intended form and character of a neighborhood rather than use as the organizing framework of the code. FBCs address the relationship between building facades and the public realm (i.e., sidewalk, street), the form and mass of buildings in relation to one another, and the scale and types of buildings and blocks. Regulations and standards in a FBC are presented graphically in diagrams and photographs as well as supplemental text. These standards are keyed to the zoning map, assigning an appropriate form and scale through the application of form-based zones to specific lots for key areas of the city where mixed use urban form is desired. The remainder of the city uses conventional zoning as regulated by Article III of the Development Code. While the FBC focuses on an intended physical form, it also regulates use by allowing a mix of appropriate land uses chosen to ensure compatibility among different contexts and the intended physical form of the area. The FBC is intended to transform our commercial corridors and centers into vibrant, mixed-use areas where residents can live, work, and play within close walking distance. Article VIII is organized around the following regulating topic areas: Zone and Building Standards: establishes purpose and intent of building type standards, standards that are applicable to all form-based zones and building types, descriptions of each building type, and objective development standards associated with each building type. Building Entrances and Facades: establishes purpose and intent of building entrance and facade type standards, descriptions of each building entrance and facade type, and objective development standards associated with each type. Public Open Space: establishes purpose and intent of public open space standards, descriptions of each public open space type, and objective development standards associated with each type. Land Use Standards: establishes the land uses allowed in each form-based zone and any Page 345 7 1 2 4 7 necessary specific use standards. Large Site Development: provides requirements for large site development including applicability, intent and design review requirements; and establishes block size and connectivity standards. Objective Design Standards Another key component of the updated Development Code is new objective design standards for multi- family residential and mixed-use development projects to respond to changes in state law and facilitate housing production. State law defines objective standards as those that “involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official prior to submittal.” They are measurable and verifiable (i.e., no “gray area” for interpretation) to make the design review process more streamlined, predictable, and easier to interpret. The purpose of objective design standards is for applicants to know beforehand what requirements apply to a proposed development and for the applicant to be able to design a project that meets those requirements before submittal. Objective design standards are written as requirements, rather than guidelines, and will provide applicants and developers with a clear understanding of the City’s expectations for mixed-use and multi-family residential project design to help streamline the review process. Objective design standards that are intended to complement all base zoning districts are contained in Article VII, while objective standards specifically aimed at mixed use and multi-family development in the form-based zones are integrated into Article VIII. Future Repeal of Older Specific Plans, Master Plans and Planned Communities Part of the Development Code update includes the incorporation of appropriate standards from older specific plans, master plans and planned communities into the new zoning regulations to allow for the repeal of outdated plans. In many instances these original plans are fully built out, and in others revisions to the code will supersede the need for the specialized zoning or standards allowed by the specific plan, master plan or planned community. Because many of the City’s specific plans, master plans and planned communities were prepared over 30 years ago, they are difficult to interpret and amendments are often required to accommodate different types of development not contemplated in the 1980s and 1990s. The following is the list of specific plans, master plans and planned communities to be repealed with adoption of the updated Development Code: Etiwanda Highlands Planned Unit Development (EH) 1988 - Repeal Etiwanda North Specific Plan (NESP) 1992- Repeal Etiwanda Specific Plan (ESP) 1985 adopted - Repeal Terra Vista Community Plan (TCVP) 1983 adopted - Repeal Town Square Master Plan (TS) 2002 - Repeal Victoria Arbors Master Plan (VA) 2002 - Repeal Victoria Community Plan (VCP) 1981 - Repeal Empire Lakes Specific Plan (ELSP) (Also referred to as IASP Sub-Area 18 Specific Plan) 1994 adopted – Amend to change boundary and renamed to The Resort Specific Plan In order to maintain compatibility of new infill development and to avoid the creation of non-conforming uses and structures, applicable standards from these plans have been incorporated into the new form- based zones and/or integrating into the Development Code through the use of subzones, which are subsets of the primary conventional zone. Subzones align with the primary zone development standards and use requirements except where otherwise noted to maintain the necessary standards of the repealed plan. Because of inconsistencies between the Development Code, the regulations of the repealed plans, and what is built, the Development Code includes provisions for staff to allow flexibility based on existing development that may become non-conforming. Provisions of the specific plans and master plans that are inconsistent with the interim Development Code will not be applied during the term of the interim urgency ordinance. The plans will be repealed through Page 346 8 1 2 4 7 the formal process as soon as practicable. Legal Consistency Legal requirements relative to this code update were analyzed and where the Development Code was determined to be out of compliance, amendments to the code were made. The following topic areas were amended to bring the City’s Development Code into compliance with state and federal law: Special needs housing, including community care facilities, family day care homes, emergency shelters, farmworker housing Accessory dwelling units Manufactured homes Telecommunications facilities, including review of wireless telecommunications facilities and acceleration of broadband deployment Density bonuses, incentives and concessions Fine-tuning of permit review requirements General Code Issues In addition, and as part of the process, the consultant for the Development Code update led a series staff interviews with representatives from the Planning Department, Engineering Department, Building and Safety Department, Animal Services and Community Improvement Division to identify opportunities to clarify code content, address existing deficiencies, or improve usability. The following topics were amended to address staff identified issues: Amendments to review applicability and process language for a variety of application types for clarity. Changes to home occupancy permits to expressly prohibit certain uses such as ammunition recycling. Removal of the planned community process which is not used anymore and changes to specific plan size threshold. Modifications to the allowed use table and descriptions for certain allowed uses. Updates to development standards for residential zones to allow for more residential types to expand opportunities for a range of residential development. Removal of several Overlay Zoning Districts that are no longer applicable with the amendments to the code and the inclusion of the form-based code. The Overlays to be removed include: Industrial/Commercial, Foothill Boulevard, Mixed Use, and Haven Avenue Overlay Zoning Districts. Changes to requirements and exceptions for certain accessory structures. Reductions of guest parking standards for residential uses. Addition of parking management standards to address spillover parking from large projects into adjacent residential neighborhoods. Updates animal keeping standards to make them easier to apply and enforce and to allow for a wider variety of pets on smaller lot sizes. Comprehensive update to general design provisions and design provisions by development type. Revisions to the Zoning Map for consistency with the General Plan and Development Code and to implement the new Form-Based Zones. COMMUNITY ENGAGEMENT: PlanRC Engagement Process A primary purpose of the Development Code update is for consistency with, and implementation of, the recently adopted General Plan, which reflects the vision and core values of the community. The City started PlanRC, the name for the General Plan Update process, in January 2020. Throughout the nearly two-year process leading up to General Plan adoption, the City conducted a robust engagement effort with the public. Community input was solicited and reflected throughout each phase of the planning process. PlanRC involved longtime residents, new residents, seniors, youth, clubs, organizations, business owners, Page 347 9 1 2 4 7 developers, and many more. As a city rich in its mix of ethnicities, cultures and identities, the engagement for PlanRC worked to provide consistent equitable and inclusive community engagement practices throughout the process. Although in-person outreach was extremely limited due to COVID-19 constraints, the community adapted and found meaningful ways to get involved in PlanRC through digital engagement platforms. Engagement efforts prioritized determining values and ideas for the future of the city related to land use, housing, mobility, recreation, and economic development. There were several online surveys, events, and workshops that focused solely on community character, land use, and placemaking, which are implemented by the zoning and standards in the Development Code. Throughout the two-year process, PlanRC received input from over 2,300 community members through online surveys and virtual meetings and generated over 1.1 million digital impressions through various social media platforms. The Development Code, in particular the Form-Based Code, is one of the implementing tools for the General Plan vision, and therefore reflects the ideas, values and input of the community. Development Code Update Focus Group Meeting In addition to the significant amount of community input received during the PlanRC process, staff also conducted a virtual Development Code Update Focus Group Discussion on November 3, 2021. This focus group meeting included Building Industry Association (BIA) members and several developers. The intent of the meeting was to inform and engage key stakeholders about the Development Code update and collect feedback on the current code and opportunities for improvement. Some input received from stakeholders that were addressed in the development code included suggestions for lower guest parking requirements, allowing for shared parking between uses in mixed use areas and flexibility in design for accommodating parking as well as recommendations for future development of parking management plans. In addition, stakeholders requested clear process requirements and objective standards that provide more certainty in desired outcome and streamlining in development review, and more flexibility in certain lot and site planning requirements without having to do a zone change or code amendment. Planning Commission On April 13, 2022, the Planning Commission held a study session on the Public Review Draft of the Development Code and subsequently on April 27, 2022, the Planning Commission conducted a public hearing on the proposed amendments. No public comments were received at either meeting and the Commission unanimously recommended adoption of all proposed amendments. The permanent ordinance will be considered at the May 18, City Council meeting. ENVIRONMENTAL REVIEW: In approving the General Plan update in December 2021, the City Council certified the Rancho Cucamonga General Plan Final Environmental Impact Report (EIR) (SCH No. 2021050261) in accordance with the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15164, the City has reviewed the proposed Development Code Update against the General Plan EIR and determined the EIR adequately addresses all the environmental issues associated with the project. The proposed project would not result in any new significant impacts on the environment based upon the analysis and conclusions presented in the General Plan EIR. In addition, previously identified significant impacts would not be substantially more severe than shown in the previous EIR. Finally, no new feasible mitigation measures have been identified that would substantially reduce significant impacts identified in the General Plan EIR. Therefore, staff has prepared an EIR Addendum (Exhibit C of Ordinance 998) for the Development Code Update. Unlike an EIR, an Addendum is not required to be circulated for public review. Page 348 10 1 2 4 7 FISCAL IMPACT: The adoption of these new interim standards will facilitate future development consistent with the vision outlined in the General Plan. The General Plan vision for denser, mixed use urban centers can help Rancho Cucamonga maintain a high level of fiscal performance and become a regional destination and focal point of activity. NEXT STEPS: Upon adoption of this interim urgency ordinance to implement the General Plan, staff will be able to apply the updated Development Code, including the new Form-Based Code (Article VIII) to new development applications. COUNCIL GOAL(S) ADDRESSED: Enacting an urgency ordinance in an effort to maintain the public health, safety and welfare of the community achieves multiple City Council Core Values, including providing and nurturing a high quality of life for all, promoting and enhancing a safe and healthy community for all, and intentionally embracing and anticipating the future, building and preserving a family-oriented atmosphere, and more. Furthermore, this urgency ordinance supports the City Council’s goal of completing the General Plan and Housing Element. ATTACHMENTS: Attachment 1 - Ordinance No. 998 Page 349 1 1 2 7 7 DATE: May 18, 2022 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Matthew R. Burris, AICP, LEED AP, Deputy City Manager – Community Development, Interim Planning Director Jennifer Nakamura, Deputy Director of Planning SUBJECT:Public Hearing to Consider Adoption of Resolution Number 2022-055 and Conduct of First Reading of Ordinance Numbers 1000, 1001, and 1002 to be Read by Title Only and Waive Further Reading, to Adopt A Comprehensive Revision to Title 17 of the Rancho Cucamonga Municipal Code, A Revised Zoning Map, Repeal the Etiwanda Specific Plan, Etiwanda Highlands Specific Plan, Etiwanda North Specific Plan, Terra Vista Planned Community, Victoria Planned Community, Town Square Master Plan, and Victoria Arbors Master Plan, Amend the Empire Lakes Specific Plan Boundary and Rename to The Resort Specific Plan; and Adopt an Addendum to the General Plan Program Environmental Impact Report (PEIR). (ORDINANCE NO. 1000, 1001, 1002 AND RESOLUTION 2022-055) (CITY) RECOMMENDATION: Planning Commission and staff recommend that the City Council adopt a resolution and conduct first reading of the attached ordinances to: Adopt an addendum to the General Plan Environmental Impact Report (PEIR) SCH# 2021050261; and Adopt a comprehensive revision to Title 17 of the Rancho Cucamonga Municipal Code to implement the goals and policies of the recently adopted General Plan, including, but not limited to: Develop implementing zones for all General Plan land use designations; Add a new article implementing form-based zoning for specific mixed use zones; Incorporate key standards from Specific Plans and Planned Communities into the Development Code; Revise permit procedures to streamline development review; Comply with State Law; and Adopt a revised Zoning Map: Establishes new zoning districts that implement the General Plan land use designations; and Repeal the following Specific Plans, Master Plans and Planned Communities: Etiwanda Highlands Planned Community; Etiwanda North Specific Plan; Etiwanda Specific Plan; Terra Vista Planned Community; Town Square Master Plan; Page 350 2 1 2 7 7 Victoria Arbors Maser Plan; Victoria Community Plan; and Amend the Empire Lakes Specific Plan to change the boundary and rename to The Resort Specific Plan; BACKGROUND: On December 15, 2021, the City Council unanimously adopted the updated General Plan for the City of Rancho Cucamonga. The General Plan is the City’s blueprint, or constitution, for future development. It documents the city’s long-range vision and established clear goals, objectives and actions to guide the community through the next 10 to 20 years of change. The City Council initiated this update process, referred to as PlanRC, to be compliant with changes in state law and to build on our success as a world class community to create a balanced, vibrant and innovative city. This comprehensive General Plan Update addresses issues and challenges facing the City, including diversifying employment opportunities, expanding housing and mobility choice and preserving the character, history, and quality of life that make Rancho Cucamonga a special place to live. The updated General Plan will advance the City’s vision for a sustainable, resilient, equitable and healthy community. While the General Plan is the policy document that provides an overall vision, policy direction, and implementation strategy to support future development in Rancho Cucamonga, the Development Code implements General Plan policies through detailed development regulations, such as specific use types and building standards. Although the purpose and intent of zoning is different from the General Plan, state law requires that zoning be consistent with maps and policies in the General Plan. Uses and densities/intensities are permitted if they are consistent with both the General Plan land use designation and the zoning of the property. When a zoning ordinance becomes inconsistent due to a general plan amendment, the city must enact a consistent zoning ordinance within a reasonable time. The adoption of the General Plan has spurred development interest and is resulting in an increase in applications for large-scale projects. Currently, there are over 1,700 residential units and approximately 64,000 square feet of commercial development in the pipeline along the major corridors in the southern portion of the city. The current development code is not consistent with the intent of the character-based General Plan Land Use Designations and does not contain the necessary standards to implement the General Plan vision for walkable, mixed-use places. City staff have been working with a consultant team on amendments to the Development Code to implement the Land Use Designations in the updated General Plan, including the addition of form-based code components for the new mixed-use place types established in the General Plan. ANALYSIS: The goals of the Development Code update are to codify the community’s vision as established in the General Plan update process, increase certainty in the development review process, and facilitate implementation of key General Plan concepts related to land use and urban design. A primary objective is to integrate form-based regulations in appropriate areas, such as along Foothill Boulevard, to promote pedestrian activity and transition these areas from auto-oriented to more walkable and urban configurations. Fundamental elements of the Development Code update are: A hybrid Development Code that integrates form-based and conventional zones. New form-based zoning regulations for walkable mixed-use areas along Foothill Boulevard and other key corridors. Incorporation of appropriate standards from older Specific Plans and Planned Communities into the new zoning regulations to allow for repeal of outdated plans. New objective design standards for multi-family residential and mixed-use development projects. Revisions to conventional zones as needed to implement the land use vision of the General Plan. Revised general development standards to address General Plan policy or existing deficiencies with respect to landscaping, open space, and noise, among others as needed. Page 351 3 1 2 7 7 Improved administration and permit procedures to streamline development review for projects consistent with the General Plan and ensure adequate tools for enforcement of the Code. Compliance with State and Federal law. Consistency with the updated General Plan. General Plan Consistency The existing Development Code was reviewed for consistency with the goals and policies of the adopted General Plan. Where an inconsistency was identified, the Development Code was amended to provide adequate provisions to facilitate development in alignment with the policy direction of the General Plan. In addition, the intent and purpose of each General Plan land use designation was assessed to determine whether the designation could be implemented with an existing zoning district or if a new zone was needed. Recommendations to implement the General Plan and the creation of new form-based zones to implement the new mixed-use land use designations are described below. Implementation of the General Plan Vision To successfully achieve the City’s vision and uphold the core values identified by the community during the PlanRC process, the General Plan is designed around strengthening Rancho Cucamonga’s sense of identity and character by creating places where people want to be and improving their ability to move around. The overarching strategy is one of human-scaled design, with buildings and outdoor spaces oriented towards people connected by safe and comfortable streets, pathways, and trails that provide equitable access for all. The General Plan organizes the city into districts, centers, corridors, and neighborhoods, with an overall vision for greater walkability centered around nodes of activity. Vision Diagram Page 352 4 1 2 7 7 The Land Use and Community Character Chapter of the General Plan describes and defines the distinct types of places—or “place types”—that the City aims to create to achieve the vision. The General Plan unifies the inseparable topics of land use and community character and design into a single chapter to ensure that the uses, experiences, and activities that current and future community members enjoy in our city cannot be divorced from our vision for the unique look, feel, character, ambiance and quality of life that we enjoy in Rancho Cucamonga. Given the City’s broad place-making goals and the community’s interest in shaping the form and character of the city, the General Plan uses “place type” designations that go beyond conventional land use designations to better define the existing and intended character, form, and function of each part of the city. Each place type is organized into designations that provide direction on the intended range of uses, appropriate levels of development density and intensity, and intended physical design character. The Land Plan is illustrated below and also available on the City’s website: https://bit.ly/gplandplan. Place Types and General Plan Designations Page 353 5 1 2 7 7 Land Plan Form-Based Code The Form-Based Code (FBC) implements the General Plan’s vision, place type designations, and policy direction for key areas of the city, including the major corridors, focus areas and activity nodes. The FBC, which is Article VIII of Title 17 (Development Code), establishes place-based standards for certain areas that are intended to promote pedestrian activity, encourage a diversity of uses, accommodate new housing typologies, and facilitate the transition of auto-oriented areas to more walkable and urban places. The FBC represents an alternative to a conventional zoning code’s approach to the way the built environment is regulated. The definition of a Form-Based Code is as follows: “Form-Based Codes foster predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. These codes are adopted into city or county law as regulations, not mere guidelines. Form-Based Codes are an alternative to conventional zoning.” (Source: Form-Based Codes Institute) Unlike conventional, use-based codes, FBCs utilize the intended form and character of a neighborhood rather than use as the organizing framework of the code. FBCs address the relationship between building facades and the public realm (i.e., sidewalk, street), the form and mass of buildings in relation to one Page 354 6 1 2 7 7 another, and the scale and types of buildings and blocks. Regulations and standards in a FBC are presented graphically in diagrams and photographs as well as supplemental text. These standards are keyed to the zoning map, assigning an appropriate form and scale through the application of form-based zones to specific lots for key areas of the city where mixed use urban form is desired. The remainder of the city uses conventional zoning as regulated by Article III of the Development Code. While the FBC focuses on an intended physical form, it also regulates use by allowing a mix of appropriate land uses chosen to ensure compatibility among different contexts and the intended physical form of the area. The FBC is intended to transform our commercial corridors and centers into vibrant, mixed-use areas where residents can live, work, and play within close walking distance. Article VIII is organized around the following regulating topic areas: Zone and Building Standards: establishes purpose and intent of building type standards, standards that are applicable to all form-based zones and building types, descriptions of each building type, and objective development standards associated with each building type. Building Entrances and Facades: establishes purpose and intent of building entrance and facade type standards, descriptions of each building entrance and facade type, and objective development standards associated with each type. Public Open Space: establishes purpose and intent of public open space standards, descriptions of each public open space type, and objective development standards associated with each type. Land Use Standards: establishes the land uses allowed in each form-based zone and any necessary specific use standards. Large Site Development: provides requirements for large site development including applicability, intent and design review requirements; and establishes block size and connectivity standards. Objective Design Standards Another key component of the updated Development Code is new objective design standards for multi- family residential and mixed-use development projects to respond to changes in state law and facilitate housing production. State law defines objective standards as those that “involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official prior to submittal.” They are measurable and verifiable (i.e., no “gray area” for interpretation) to make the design review process more streamlined, predictable, and easier to interpret. The purpose of objective design standards is for applicants to know beforehand what requirements apply to a proposed development and for the applicant to be able to design a project that meets those requirements before submittal. Objective design standards are written as requirements, rather than guidelines, and will provide applicants and developers with a clear understanding of the City’s expectations Page 355 7 1 2 7 7 for mixed-use and multi-family residential project design to help streamline the review process. Objective design standards that are intended to complement all base zoning districts are contained in Article VII, while objective standards specifically aimed at mixed use and multi-family development in the form-based zones are integrated into Article VIII. Future Repeal of Older Specific Plans, Master Plans and Planned Communities Part of the Development Code update includes the incorporation of appropriate standards from older specific plans, master plans and planned communities into the new zoning regulations to allow for the repeal of outdated plans. In many instances these original plans are fully built out, and in others revisions to the code will supersede the need for the specialized zoning or standards allowed by the specific plan, master plan or planned community. Because many of the City’s specific plans, master plans and planned communities were prepared over 30 years ago, they are difficult to interpret and amendments are often required to accommodate different types of development not contemplated in the 1980s and 1990s. The following is the list of specific plans, master plans and planned communities to be repealed with adoption of the updated Development Code: Etiwanda Highlands Planned Community (EH) 1988 Etiwanda North Specific Plan (NESP) 1992 Etiwanda Specific Plan (ESP) 1985 Terra Vista Planned Community (TCVP) 1983 Town Square Master Plan (TS) 2002 Victoria Arbors Master Plan (VA) 2002 Victoria Planned Community (VCP) 1981 Empire Lakes Specific Plan (ELSP) (Also referred to as IASP Sub-Area 18 Specific Plan) 1994 – Amend to change boundary and renamed to The Resort Specific Plan In order to maintain compatibility of new infill development and to avoid the creation of non-conforming uses and structures, applicable standards from these plans have been incorporated into the new form- based zones and/or integrating into the Development Code through the use of subzones, which are subsets of the primary conventional zone. Subzones align with the primary zone development standards and use requirements except where otherwise noted to maintain the necessary standards of the repealed plan. Because of inconsistencies between the Development Code, the regulations of the repealed plans, and what is built, the Development Code includes provisions for staff to allow flexibility based on existing development that may become non-conforming. Legal Consistency Legal requirements relative to this code update were analyzed and where the Development Code was determined to be out of compliance, amendments to the code were made. The following topic areas were amended to bring the City’s Development Code into compliance with state and federal law: Special needs housing, including community care facilities, family day care homes, emergency shelters, farmworker housing Accessory dwelling units Manufactured homes Telecommunications facilities, including review of wireless telecommunications facilities and acceleration of broadband deployment Density bonuses, incentives and concessions Fine-tuning of permit review requirements General Code Issues In addition, and as part of the process, the consultant for the Development Code update led a series staff interviews with representatives from the Planning Department, Engineering Department, Building and Safety Department, Animal Services and Community Improvement Division to identify opportunities to clarify code content, address existing deficiencies, or improve usability. The following topics were amended Page 356 8 1 2 7 7 to address staff identified issues: Amendments to review applicability and process language for a variety of application types for clarity. Changes to home occupancy permits to expressly prohibit certain uses such as ammunition recycling. Removal of the planned community process which is not used anymore and changes to specific plan size threshold. Modifications to the allowed use table and descriptions for certain allowed uses. Updates to development standards for residential zones to allow for more residential types to expand opportunities for a range of residential development. Removal of several Overlay Zoning Districts that are no longer applicable with the amendments to the code and the inclusion of the form-based code. The Overlays to be removed include: Industrial/Commercial, Foothill Boulevard, Mixed Use, and Haven Avenue Overlay Zoning Districts. Changes to requirements and exceptions for certain accessory structures. Reductions of guest parking standards for residential uses. Addition of parking management standards to address spillover parking from large projects into adjacent residential neighborhoods. Updates animal keeping standards to make them easier to apply and enforce and to allow for a wider variety of pets on smaller lot sizes. Comprehensive update to general design provisions and design provisions by development type. Revisions to the Zoning Map for consistency with the General Plan and Development Code and to implement the new Form-Based Zones. COMMUNITY ENGAGEMENT: PlanRC Engagement Process A primary purpose of the Development Code update is for consistency with, and implementation of, the recently adopted General Plan, which reflects the vision and core values of the community. The City started PlanRC, the name for the General Plan Update process, in January 2020. Throughout the nearly two-year process leading up to General Plan adoption, the City conducted a robust engagement effort with the public. Community input was solicited and reflected throughout each phase of the planning process. PlanRC involved longtime residents, new residents, seniors, youth, clubs, organizations, business owners, developers, and many more. As a city rich in its mix of ethnicities, cultures and identities, the engagement for PlanRC worked to provide consistent equitable and inclusive community engagement practices throughout the process. Although in-person outreach was extremely limited due to COVID-19 constraints, the community adapted and found meaningful ways to get involved in PlanRC through digital engagement platforms. Engagement efforts prioritized determining values and ideas for the future of the city related to land use, housing, mobility, recreation, and economic development. There were several online surveys, events, and workshops that focused solely on community character, land use, and placemaking, which are implemented by the zoning and standards in the Development Code. Throughout the two-year process, PlanRC received input from over 2,300 community members through online surveys and virtual meetings and generated over 1.1 million digital impressions through various social media platforms. The Development Code, in particular the Form-Based Code, is one of the implementing tools for the General Plan vision, and therefore reflects the ideas, values and input of the community. Development Code Update Focus Group Meeting In addition to the significant amount of community input received during the PlanRC process, staff also conducted a virtual Development Code Update Focus Group Discussion on November 3, 2021. This focus group meeting included Building Industry Association (BIA) members and several developers. The intent of the meeting was to inform and engage key stakeholders about the Development Code update and collect feedback on the current code and opportunities for improvement. Page 357 9 1 2 7 7 Some input received from stakeholders that were addressed in the development code included suggestions for lower guest parking requirements, allowing for shared parking between uses in mixed use areas and flexibility in design for accommodating parking as well as recommendations for future development of parking management plans. In addition, stakeholders requested clear process requirements and objective standards that provide more certainty in desired outcome and streamlining in development review, and more flexibility in certain lot and site planning requirements without having to do a zone change or code amendment. Planning Commission On April 13, 2022, the Planning Commission held a study session on the Public Review Draft of the Development Code and subsequently on April 27, 2022, the Planning Commission conducted a public hearing on the proposed amendments. Three minor edits were also presented to the Commission to be included in the recommendation. These include: 1) removing height limits from the CE2 zone to allow for flexibility in vertical development; 2) elimination of height limit for high rise building type; and 3) Changing the zoning on APN 0209-032-35 from Neo Industrial to Center 1. No public comments were received at either meeting and the Commission unanimously recommended adoption of all proposed amendments. ENVIRONMENTAL REVIEW: In approving the General Plan update in December 2021, the City Council certified the Rancho Cucamonga General Plan Final Environmental Impact Report (EIR) (SCH No. 2021050261) in accordance with the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15164, the City has reviewed the proposed Development Code Update against the General Plan EIR and determined the EIR adequately addresses all the environmental issues associated with the project. The proposed project would not result in any new significant impacts on the environment based upon the analysis and conclusions presented in the General Plan EIR. In addition, previously identified significant impacts would not be substantially more severe than shown in the previous EIR. Finally, no new feasible mitigation measures have been identified that would substantially reduce significant impacts identified in the General Plan EIR. Therefore, staff has prepared an EIR Addendum for the Development Code Update. Unlike an EIR, an Addendum is not required to be circulated for public review. FISCAL IMPACT: The adoption of these new interim standards will facilitate future development consistent with the vision outlined in the General Plan. The General Plan vision for denser, mixed use urban centers can help Rancho Cucamonga maintain a high level of fiscal performance and become a regional destination and focal point of activity. COUNCIL GOAL(S) ADDRESSED: These amendments address multiple City Council Core Values, including providing and nurturing a high quality of life for all, promoting and enhancing a safe and healthy community for all, and intentionally embracing and anticipating the future, building and preserving a family-oriented atmosphere, and more. Furthermore, these ordinances support the City Council’s goal of completing the General Plan and Housing Element. ATTACHMENTS: Attachment 1 – Planning Commission Meeting Minutes, April 27, 2022 Attachment 2 – Planning Commission Resolution No. 22-14 Attachment 3 – Ordinance No 1000 Attachment 4 – Ordinance No 1001 Attachment 5 – Ordinance No 1002 Attachment 6 – Resolution No 2022-055 Page 358 ORDINANCE NO. 1004 AN INTERIM URGENCY ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING THROUGH JUNE 30, 2022, AN EXISTING INTERIM URGENCY ZONING ORDINANCE ADOPTING AN INTERIM DEVELOPMENT CODE AND INTERIM OFFICIAL CITY OF RANCHO CUCAMONGA ZONING MAP, DECLARING THE URGENCY THEREOF, AND DETERMINING NO FURTHER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW IS REQUIRED THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Legislative Findings. A. On December 15, 2021, the City Council adopted Resolution 2021- 132, adopting environmental findings pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.), certifying a Final Program Environmental Impact Report for the 2020 PlanRC General Plan Update (SCH # 2021050261), adopting a statement of overriding considerations, and adopting a Mitigation Monitoring and Reporting Program. On that same date, the City Council adopted Resolution 2021-133, adopting the 2020 PlanRC General Plan Update, the 2021-2029 Housing Element, and a Climate Action Plan. The 2020 PlanRC General Plan Update is a comprehensive update to the City’s General Plan that serves as the City’s blueprint, or constitution, for future development. B. Government Code Section 65860(a) requires that city zoning ordinances must be consistent with the general plan of the city and are deemed consistent only if (1) the city has officially adopted a general plan, and (2) the various land uses authorized by the zoning ordinance are compatible with the objectives, policies, general land uses, and programs specified in the general plan. Government Code Section 65680(c) further provides that in the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to the general plan the zoning ordinance must be amended within a reasonable time so that it is consistent with the general plan as amended. C. The City’s Development Code, as set forth in Title 17 of the Rancho Cucamonga Municipal Code, implements General Plan policies through detailed zoning regulations. The City’s Development Code became inconsistent with the 2020 PlanRC General Plan Update upon the City Council’s adoption of the 2020 PlanRC General Plan Update. Specifically, the Development Code was inconsistent with the intent of the character-based General Plan Land Use Designations, and did not contain the necessary standards to implement the General Plan vision for walkable, mixed-use places. Page 359 D. The City Council’s adoption of the 2020 PlanRC General Plan Update has spurred development interest and is resulting in an increase in applications for large-scale projects. Currently, there are over 1,700 residential units and approximately 64,000 square feet of commercial development in the pipeline along the major corridors in the southern portion of the City. Staff’s review of these projects under Development Code standards that were inconsistent with the 2020 PlanRC General Plan had the potential to impact the health, safety, and welfare of residents in the City. This is because the City would not be able to make the necessary findings to consider a proposed development project that is consistent with applicable provisions of the updated General Plan, but nevertheless inconsistent with applicable provisions of the then existing Development Code that were intended to implement the City’s General Plan. The City could be in the untenable position of denying projects that are otherwise consistent with the updated General Plan and further the City’s planning and development vision. In addition, this inconsistency could have the unintended consequence of limiting the City’s ability to approve new residential units at a time when the State has declared a housing crisis. As a result, the City Council found that there is an immediate need to establish interim Development Code regulations for pending and future development projects that are consistent with the 2020 PlanRC General Plan in order to protect the public health, safety, and welfare while it studies permanent Development Code regulations for consistency with and implementation of the 2020 PlanRC General Plan. The Interim Development Code will codify the community’s vision as established in the 2020 PlanRC General Plan process, increase certainty in the development review process, and facilitate implementation of key 2020 PlanRC General Plan concepts related to land use and urban design, including the implementation of a Form-Based Code and the adoption of objective design standards for multi-family residential and mixed-use development projects. E. On May 4, 2022, pursuant to Government Code Section 65858, the City Council enacted Interim Urgency Ordinance No. 998, which adopted, as an urgency measure, an interim ordinance that prohibited any uses and development inconsistent with the adopted Interim Development Code regulations and Interim Official City Zoning Map, which regulations and map are consistent with, and implement, the recently adopted 2020 PlanRC General Plan, as the City Council further considers and studies the City’s zoning regulations and classifications for consistency with the 2020 PlanRC General Plan. Interim Urgency Ordinance No. 998 and the Interim Development Code and Interim Official Zoning Map have an initial term of 45-days and are scheduled to expire on June 19, 2022. F. The City is currently in the process of adopting permanent Development Code regulations and a permanent official Zoning Map for consistency with the implementation of the 2020 PlanRC General Plan. On April 27, 2022, the Planning Commission considered proposed permanent Development Code regulations and an updated official City Zoning Map during a public hearing, and adopted Resolution No. 22- 14 recommending that the City Council adopt the proposed Development Code and Zoning Map amendments. On May 18, 2022, the City Council adopted resolution number 2022-055 and introduced Ordinance Nos. 1000, 1001 and 1002, which, if adopted, would Page 360 adopt permanent Development Code regulations and an updated official City Zoning Map consistent with the implementation of the 2020 PlanRC General Plan. The City Council intends to conduct second reading and adopt Ordinance Nos. 1000, 1001 and 1002 on June 1, 2022. Given that Ordinance Nos.1000, 1001 and 1002, once adopted, will not take effect until July 1, 2022, there will be an 12 day period between the expiration of Ordinances No. 998 (June 19, 2022) and the effective date of Ordinance Nos. 1000, 1001 and 1002 (July 1, 2022) during which proposed development projects would be subject to the former Development Code regulations, which, as discussed in Section 1.D. above, are inconsistent with the 2020 PlanRC General Plan. G. City staff has started conducting, and will continue to conduct, public outreach concerning the proposed permanent Development Code regulations and updated official City Zoning Map introduced by the City Council in Ordinance Nos. 1000, 1001, and 1002 on May 18, 2022. H. The City Council finds that the additional 12-day period provided by extending the expiration of Interim Urgency Ordinance No. 998, the Interim Development Code, and the Interim Official Zoning Map, will prevent the potential impacts on the health, safety, and welfare of residents in the City discussed in Section 1.D. above. Without the extension of Interim Urgency Ordinance No. 998, the City could be in the untenable position of denying projects formally submitted during the 12-day period that are otherwise consistent with the 2020 PlanRC General Plan and further the City’s planning and development vision. I. Based on the foregoing, the City Council ultimately finds that if the City fails to extend Interim Urgency Ordinance No. 998, the Interim Development Code, and the Interim Official Zoning Map, proposed development projects would be subject to the former Development Code regulations that are inconsistent with the 2020 PlanRC General Plan, thereby impacting processing times for such proposed development projects. Therefore, a current and immediate threat to the public safety, health and welfare exists. J. A written report describing the measures taken to alleviate the conditions which led to the adoption of Interim Urgency Ordinance No. 998 was issued by the City Council on May 18, 2022, which was at least ten (10) days prior to the expiration of the Interim Urgency Ordinance No. 998 on June 19, 2022, in compliance with State law. K. Pursuant to Government Code Sections 65858 and 65090, the City Council conducted a duly noticed public hearing on June 1, 2022, at which time the City Council considered this Interim Urgency Ordinance to extend Interim Urgency Ordinance No. 998, the Interim Development Code, and the Interim Official Zoning Map through and including June 30, 2022. L. The City Council has considered the written and oral testimony provided at the public hearing and desires to extend the Interim Development Code and Page 361 Interim Official City Zoning Map adopted pursuant to Interim Urgency Ordinance No. 998 through and including June 30, 2022. SECTION 2. CEQA Finding. The City Council of the City of Rancho Cucamonga hereby makes the following environmental findings and determinations in connection with the adoption of this Interim Urgency Ordinance: A. On December 15, 2021, the City Council adopted Resolution No. 2021-132 certifying a Final Program Environmental Impact Report prepared for the City’s adoption of the 2020 PlanRC General Plan Update (SCH # 2021050261), a update of the City’s General Plan, and adopted findings pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.) and the State CEQA Guidelines (“Certified FPEIR”). B. On May 4, 2022, the City Council adopted Interim Urgency Ordinance No. 998, adopting an Addendum to the Certified FPEIR prepared for the Interim Development Code and Interim Official Zoning Map pursuant to CEQA and State CEQA Guidelines Section 15164. C. The City Council finds, based on the evidence in the record, including the Certified FPEIR and the Addendum, that this Interim Urgency Ordinance is not subject to future environmental review pursuant to the State CEQA Guidelines because: (i) this Interim Urgency Ordinance and the circumstances under which this Interim Urgency Ordinance is undertaken do not involve substantial changes which will result in new significant environmental effects, and that this Interim Urgency Ordinance does not involve new information of substantial importance which shows that Interim Urgency Ordinance will have significant effects not discussed in the Certified FPEIR and the Addendum; and (ii) all potential environmental impacts associated with the 2020 PlanRC General Plan Update and this Interim Urgency Ordinance are adequately addressed by the Certified FPEIR and the Addendum. D. The custodian of records for the documents and other materials that constitute the record of the proceedings upon which the City Council’s determination is based, including, but are not limited to, the staff reports for the Interim Development Code and Interim Official Zoning Map, all of the materials that comprise and support the Certified FPEIR and the Addendum and all of the materials that support the staff reports for the Interim Development Code and Interim Official Zoning Map, is the Planning Department of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. SECTION 3. Extension of Interim Development Code and Interim Official Zoning Map. Page 362 The City Council hereby extends the Interim Development Code and Interim Official City Zoning Map, first adopted pursuant to Interim Urgency Ordinance No. 998, through and including June 30, 2022. SECTION 4. Interim Development Code. Based on the facts and findings set forth in Sections 1 through 3 of this Interim Urgency Ordinance, and notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, the City Council hereby prohibits any uses or development that are not consistent with the interim Development Code, attached hereto as Exhibit “A,” which amends Title 17 of the Rancho Cucamonga Municipal Code in its entirety as set forth in Exhibit “A.” During the term of this Interim Urgency Ordinance, the City Council hereby declares that the following planned unit developments, specific plans, community plans, and master plans shall not be applied to any uses or development: (1) Etiwanda Highlands Planned Community (EH) 1988; (2) Etiwanda North Specific Plan (NESP) 1992; (3) Etiwanda Specific Plan (ESP) 1985; (4) Terra Vista Community Plan (TCVP) 1983; (5) Town Square Master Plan (TS) 2002; (6) Victoria Arbors Master Plan (VA) 2002; and (7) Victoria Community Plan (VCP) 1981. Further, the City Council hereby prohibits any uses or development that are not consistent with the revised boundaries of the Empire Lakes Specific Plan (ELSP) 1994, as set forth in Exhibit “B,” and which specific plan which will be renamed as “The Resort Specific Plan.” No application for a building permit or any other entitlement authorizing a use or the construction or modification of a structure that is inconsistent with the provisions of this Section 4 shall be approved during the term of this Interim Urgency Ordinance. SECTION 5. Interim Official Zoning Map. Based on the facts and findings set forth in Sections 1 through 3 of this Interim Urgency Ordinance, and notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, the City Council hereby prohibits and uses and development that are inconsistent with the interim Official Zoning Map, as depicted in Exhibit “C” attached hereto, and directs the Planning Director to revise the official City of Rancho Cucamonga Zoning Map consistent with Exhibit “C.” No application for a building permit or any other entitlement authorizing a use or the construction or modification of a structure that is inconsistent with the provisions of this Section 5 shall be approved during the term of this Interim Urgency Ordinance. SECTION 6. Term of Interim Development Code and Interim Official Zoning Map. The extension of the Interim Development Code and Interim Official Zoning Map adopted by this Interim Urgency Ordinance shall commence on June 20, 2022, and shall terminate at 11:59 PM on June 30, 2022, unless terminated earlier by the City Council or extended by the City Council at a regularly noticed public hearing pursuant to California Government Code Section 65858. SECTION 7. Enforcement. Page 363 The provisions of this Interim Urgency Ordinance shall be enforceable pursuant to the general enforcement provisions in Title 1 of the Rancho Cucamonga Municipal Code. SECTION 8. Effective Date; Findings of Urgency; and Duration. A. This Interim Ordinance is adopted as an urgency ordinance pursuant to the provisions of Government Code Section 65858, 36934 and 36937, and shall take effect immediately upon its adoption. Based upon the findings set forth in Section 1 above, the City Council finds and determines that the adoption of this Interim Ordinance is an urgency ordinance authorized by Government Code Section 65858, and is necessary for the immediate preservation of the public peace, health, and safety. B. Pursuant to Government Code Section 65858(a), this Interim Ordinance shall be adopted by not less than a four-fifths vote of the City Council. SECTION 9. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Interim Urgency Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Urgency Ordinance. The City Council declares that it would have adopted this Interim Urgency Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 10. Publication. The City Clerk shall certify to the passage and adoption of this Interim Urgency Ordinance and shall cause its publication in accordance with applicable law. PASSED, APPROVED, AND ADOPTED this 1st day of June, 2022, by the following vote to wit: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) _________________________________ L. Dennis Michael, Mayor ATTEST: Page 364 _________________________________ Janice C. Reynolds, City Clerk APPROVED AS TO FORM: _________________________________ Nicholas R. Ghirelli, City Attorney Page 365 Exhibit A Interim Development Code A full copy of the Interim Development Code is Available online at: Public Review Draft Development Code (Title 17) Page 366 Exhibit B Revised Specific Plan Boundaries for The Resort Specific Plan Page 367 Exhibit C Interim Official Zoning Map An electronic copy of the Interim Official Zoning Map available online at: Public Review Draft Zoning Map (Title 17) Page 368 Development Code Interim Ordinance Extension City Council Hearing June 1, 2022 Implementing Plans Objectives of Development Code Update •Codify the community’s vision as established in the General Plan •Improve the in the development review process and reduce uncertainty and risk •Consistency with State Law Code Adoption Timeline May 4th Interim Ordinance Expires 6/19 May 18th Permanent Ordinance 1st Reading June 1st Permanent Ordinance 2nd Reading July 1st Permanent Ordinance Effective Code Adoption Timeline May 4th Interim Ordinance Expires 6/19 May 18th Permanent Ordinance 1st Reading June 1st Permanent Ordinance 2nd Reading July 1st Permanent Ordinance Effective Gap in Standards June 19-June 30 Code Adoption Timeline May 4th Interim Ordinance Expires 6/19 May 18th Permanent Ordinance 1st Reading June 1st Permanent Ordinance 2nd Reading June 1st Extend Interim Ordinance (June 19-30) July 1st Permanent Ordinance Effective Recommendation •Staff recommends that the City Council adopt ordinance 1004 to extend the implementation of the interim Development Code and Zoning Map until July 1, 2022 DATE:June 1, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Elisa C. Cox, Assistant City Manager Linda A. Troyan, MMC, City Clerk Services Director SUBJECT:Discussion of Options for the City Council District 1 Vacancy. (CITY) RECOMMENDATION: Discuss and determine whether the City Council would like to proceed with filling the District 1 vacancy by appointment or a special election. Whichever selection the City Council makes, the City Clerk will return at the next City Council meeting with the appropriate resolution along with the other required resolutions for the November 8, 2022 election. BACKGROUND: California Government Code Section 36512 governs the actions of a city when there is a vacancy on the city council. Broadly, the Section states that within 60 days of a vacancy, the city council must either: (1) appoint someone to fill the vacancy; or (2) call a special election to fill the vacancy. The Council seat representing District 1 has been vacant since May 2, 2022. The City Council has until July 1, 2022 to either appoint an eligible individual to serve until the next general election on November 8, 2022, or hold a special election on November 8, 2022 for the eligible voters of District 1 to vote in a new Council Member fill the remainder of the term that expires in November 2024. Since the City’s incorporation, vacancies have occurred on the City Council a total of nine (9) times. On one occasion a special election was held and on eight (8) occasions, the vacancy was filled by appointment. Most of these vacancies occurred in the second half of the member’s term. ANALYSIS: In accordance with Rancho Cucamonga Municipal Code § 2.11.030, Election of Members of the City Council by District and California Government Code §34882, the City Council Member elected to represent a district must reside in that district (District 1) and be a registered voter in that district. Option 1 – Fill Vacancy by Appointment until certification of November Election Results The City Council may decide to fill the vacancy by appointment. The person appointed must be a registered voter residing in District 1 at the time of appointment. The City Council may choose to make a direct appointment or establish a process to solicit input from those interested in filling the vacant seat which could include an application, nominations and/or interview process. There is no legal requirement to create a process to solicit interested persons for the appointment. Page 369 Page 2 1 3 0 7 In accordance with Government Code §36512(b)(2) and since the vacancy occurred during the first half of Council Member Spagnolo’s term and more than 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until a District 1 representative is elected at the November 8, 2022 election. The person elected shall then hold office for the balance of the remaining term ending with the November 2024 election. Option 2 – No Appointment and Fill Vacancy through a Special Election on November 8, 2022 If the Council chooses not to appoint, it must call a special election to be held on the next regularly established election not less than 114 from the call of the special election. The next regularly established election date is November 8, 2022. With this option, the City Council would need to adopt a resolution calling the special election (Elections Code Section 12001) within 60 days of the vacancy, by July 1, 2022. The District 1 seat would remain vacant until a successor is elected on November 8, 2022, and the election results are certified. That person shall then hold office for the balance of the remaining term which ends with the November 2024 election. All candidates must be registered City of Rancho Cucamonga, District 1 voters at the time they pull nomination papers to run in the special election. FISCAL IMPACT: The estimated cost of an election for the District 1 vacancy is $30,000-40,000 and would be incurred with either selection. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The decision on how to fill the vacancy on the City Council fulfills the Council’s mission to “ensure and advance the quality of life for the community through inclusive decision making” by ensuring all residents are represented on the Council through representative democracy. ATTACHMENTS: None. Page 370 DATE:June 1, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Linda A. Troyan, MMC, City Clerk Services Director SUBJECT:Review and Possible Action on City Council Appointments to Standing Subcommittees and Other Regional Agencies due to District 1 Vacancy, including the Community Services Subcommittee, Technology & Communications Subcommittee, Community Parks and Landscape Citizen’s Oversight Committee, and Omnitrans. (CITY) RECOMMENDATION: Due to the City Council Member vacancy in District 1, Council may want to revisit the attached list of appointments to committees and other governmental agencies and update as necessary. BACKGROUND: On a regular basis, the City Council reviews the list of appointments to various standing committees and other governmental agencies, and updates the list when needed. Pursuant to prior City Council action, there is an automatic designation of the Mayor, Mayor Pro Tem or remaining Council Members as automatic alternates to any Committee or Subcommittee when one or more of the appointees are unable to attend. This ensures that the Committee or Subcommittee can continue to hold a scheduled public meeting without interruption. Attached is a list of the committees and the current appointment(s). ANALYSIS: Due to the recent vacancy in City Council Member District 1, Council may wish to review the list of current committees and other governmental agency appointments and update the list as necessary. Upon receipt of an updated list, City Staff will notify any outside agencies that might be affected. FISCAL IMPACT: None. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Continue to work together and cooperatively with staff and all stakeholders to help ensure and advance the quality of life for the community. ATTACHMENTS: Attachment 1 – Appointments Listing Page 371 ATTACHMENT 1 1 City of Rancho Cucamonga City Council Subcommittees and Appointments to Local and Regional Agency Boards and Affiliations as of December 2020 (Adopted 12/16/2020) CITY COUNCIL STANDING SUBCOMMITTEES The Council has the following subcommittees on which two Council Members serve to consider assigned areas of City programs/functions, provide feedback to staff, and make recommendations to the full City Council on related policy matters and Commission/Foundation appointments. These committees meet on an as-needed basis throughout the year. Community Services Subcommittee Area of Responsibility: Park and Recreation matters, Quake Stadium usage, construction of park and recreation facilities, and programs. Committee members:Kristine Scott and Sam Spagnolo Community Development/Historic Preservation Subcommittee Area of Responsibility: Planning/Historic Preservation Commission appointments. Committee members:L. Dennis Michael and Lynne Kennedy Library Subcommittee Area of Responsibility: Library programs and services as well as Library Board of Trustees appointments. Committee members:Kristine Scott and Lynne Kennedy Public Works Subcommittee Area of Responsibility: Transportation, traffic, parking, capital improvements, and public works projects. Committee members:Ryan Hutchison and Lynne Kennedy Economic Development Marketing Subcommittee Area of Responsibility: Marketing of the City. Committee members:Lynne Kennedy and Ryan Hutchison Page 372 Technology & Communications Subcommittee Area of Responsibility: Technology and methods of communication. Committee members:Lynne Kennedy and Sam Spagnolo Community Parks and Landscape Citizen’s Oversight Committee Area of Responsibility: Conduct interviews and recommends appointments to the City Council. Committee members:Sam Spagnolo and Kristine Scott *Per Resolution No. 19-075, the City Council dissolved the West-Side Oversight Committee and the Planned Oversight Committee and formed the Community Parks and Landscape Citizen’s Oversight Committee. The Committee has oversight of LMD’s 1, 2, 4-R, 6-R, and 7, SLD 2, PD- 85. Page 373 APPOINTMENTS TO COMMUNITY ORGANIZATIONS AND REGIONAL AGENCIES These appointments involve Council Members representing the City to community organizations and regional agencies. Some organizations ask for the designation of a Delegate and an Alternate. City Selection Committee Area of Responsibility: The City Selection Committee is a committee, established by California Government Code 50275, which meets in even years to appoint Mayors and Council members to represent the city perspective on regional organizations, such as San Bernardino County Local Agency Formation Commission (LAFCO) and the CAL-ID Remote Access Network Board. The City Selection Committee consists of the Mayor of each City in the County. In San Bernardino County, the City Selection Committee meets every two years or more frequently if required to make a selection for one of the organizations. Required Delegate:L. Dennis Michael (Mayor) ConFire Board of Directors Area of Responsibility: Provide the items necessary and appropriate for a joint centralized public safety communications system and a cooperative program of fire- related functions (i.e. grants, emergency operations command) for the mutual benefit of the members. Delegate: Lynne Kennedy Alternate:Kristine Scott Omnitrans Area of Responsibility: Omnitrans is a Joint Powers Agency that coordinates the public transit services of the County of San Bernardino and its 15 member cities. A 20 member Board of Directors governs Omnitrans, which includes the five County Board of Supervisors and representatives from the member cities. There are no specific terms to serve on the Board; it is at the discretion of each City as to who represents the City on the Omnitrans Board of Directors as Delegate and Alternate. Delegate:Sam Spagnolo Alternate:Lynne Kennedy Rancho Cucamonga Chamber of Commerce Area of Responsibility: Provides liaison between the Rancho Cucamonga Chamber of Commerce and the City of Rancho Cucamonga in coordinating projects and items of mutual interest. Delegate:L. Dennis Michael Alternate: Lynne Kennedy Page 374 San Bernardino County Transportation Authority/San Bernardino Council of Governments (SBCOG) Area of Responsibility: Serving more than 2.1 million residents of San Bernardino County, the SBCTA is responsible for cooperative regional planning and furthering an efficient multi-modal transportation system countywide. The purpose of San Bernardino Council of Governments (SBCOG) is to speak with a collective voice on important issues that affect its member agencies. Representatives from 24 cities and the San Bernardino County Board of Supervisors have a seat on the SBCOG (SANBAG) Board of Directors. Delegate:L. Dennis Michael Alternate:Lynne Kennedy Solid Waste Advisory Task Force Area of Responsibility: Carry out the responsibilities mandated by the State of California through AB 939. SWAT may also consider and make recommendations to the County on such other solid waste related matters as they may deem appropriate. Delegate: Ryan Hutchison Alternate:Linda Ceballos (staff) Maloof Foundation Area of Responsibility: The mission of the Sam and Alfreda Maloof Foundation for Arts and Crafts, a not-for-profit public benefit corporation, is to perpetuate excellence in craftmanship, encourage artists and make available to the public the treasure house the Maloofs lovingly created. Board Member: Kristine Scott Alternate: John Gillison (City Mgr) Page 375