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HomeMy WebLinkAbout2023/07/05- Regular Meeting Agenda PacketCITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 1 Mayor L. Dennis Michael Mayor Pro Tem Lynne B. Kennedy Members of the City Council: Ryan A. Hutchison Kristine D. Scott Ashley Stickler CITY OF RANCHO CUCAMONGA REGULAR MEETING AGENDA July 5, 2023 10500 Civic Center Drive Rancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL HOUSING SUCCESSOR AGENCY- SUCCESSOR AGENCY – PUBLIC FINANCE AUTHORITY CLOSED SESSION REGULAR MEETINGS TAPIA CONFERENCE ROOM COUNCIL CHAMBERS 4:30 P.M. 7:00 P.M. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at https://www.cityofrc.us/your-government/city-council-agendas or by contacting the City Clerk's Office at 909-774- 2023. Live Broadcast available on Channel 3 (RCTV-3). Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution of the agenda packet will be made available in the City Clerk Services Department during normal business hours at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will be posted on the City’s website at https://www.cityofrc.us/your-government/city-council-agendas. CLOSED SESSION – 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and Stickler A.ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B.PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C.CITY MANAGER ANNOUNCEMENTS Page 1 of 250 CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 2 D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DIRECTOR OF HUMAN RESOURCES; ROBERT NEIUBER, SENIOR HUMAN RESOURCES DIRECTOR; AND NOAH DANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE) D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT. (CITY) D3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO. CIVDS 1904713. (CITY) D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT ETIWANDA AVENUE AND THE PACIFIC ELECTRIC TRAIL IDENTIFIED AS PARCEL 0227-121-56-0000 NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CARRIE SCHINDLER, SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY; REGARDING PRICE AND TERMS. (CITY) D5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. D/B/A ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. (CITY) E. RECESS Page 2 of 250 CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 3 REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and Stickler A.AMENDMENTS TO THE AGENDA B.ANNOUNCEMENT / PRESENTATIONS B1. Presentation of a Proclamation Declaring the Month of July 2023 as National Park & Recreation Month. 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. Page 3 of 250 --- CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 4 CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D.CONSENT CALENDAR D1. Consideration of Meeting Minutes for Special Meetings of June 15, 2023 and June 22, 2023 and Regular Meetings of June 21, 2023. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,961,412.83 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $7,915,777.60 Dated June 12, 2023 Through June 25, 2023 and City and Fire District Electronic Debit Registers for the Month of May in the Total Amount of $10,985,772.68. (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $102.46 Dated June 12, 2023, Through June 25, 2023. (CITY/FIRE) D4. Consideration of an Agreement with Omnitrans for the Operations and Maintenance of West Valley Connector Bus Rapid Transit Project and Authorization of the City Manager to Execute Amendments to the Agreement. (CITY) D5. Consideration of an Appropriation in the Amount of $985,000 and Approval to Purchase Transformers, Switchgears and a Capacitor from Anixter Power Solutions in the Amount of $985,000. (CITY) D6. Consideration of Amendment No. 005 to the Professional Services Agreement with Inland Empire Property Services, Incorporated, for Weed and Fire Hazard Abatement Services in the Amount of $10,000. (FIRE) D7. Consideration of a Single Source Professional Services Agreement with All City Management Inc. for Crossing Guard Services at an Hourly Billing Rate of $29.84 and for a total Annual Amount not to Exceed $395,000 for Fiscal Year 2023/24 and Authorize the City Manager to Approve the Annual Hourly Billing Rate for the Remainder of the Contract Term. (CITY) D8. Consideration of Resolutions Approving the Special Tax Levy for Various Community Facilities Districts and the Special Annual Benefit Assessment for Drainage Area No. 91-2 for the Fiscal Year 2023/24. (RESOLUTION NOS. 2023-070 TO 2023-085) (CITY) D9. Consideration of Resolutions Approving the Special Tax Levy for Community Facilities Districts Nos. 85-1 and 88-1 for Fiscal Year 2023/24. (RESOLUTION NOS. FD 2023-030 AND FD 2023-031) (FIRE) Page 4 of 250 7 17 29 31 55 57 59 84 196 CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 5 D10. Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 85-1, Annexation No. 23-1, and Ordering the Annexation of Such Property Located at 12981, 12987, 12997, 13003, and 13045 Whittram Avenue in Community Facilities District No. 85-1. (RESOLUTION NO. FD 2023-027) (FIRE) D11. Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 85-1, Annexation No. 23-2, and Ordering the Annexation of Such Property Located at 13261 Arrow Route in Community Facilities District No. 85-1. (RESOLUTION NO. FD 2023-028) (FIRE) D12. Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 85-1, Annexation No. 23-3, and Ordering the Annexation of Such Property Located at 8629 Pecan Avenue in Community Facilities District No. 85-1. (RESOLUTION NO. FD 2023-029) (FIRE) D13. Consideration to Approve a Resolution Establishing Orderly Procedures for the Administration of Employer-Employee Relations Between the District and its Employee Organizations. (RESOLUTION NO. FD 2023-032) (FIRE) E.CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION F.ADMINISTRATIVE HEARING ITEM(S) G.ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT H.CITY MANAGER'S STAFF REPORT(S) H1. Consideration of Resolution No. 2023-086, Adopting Rules of Decorum and Order that Promote Civility at All Public Meetings. (RESOLUTION NO. 2023-086) (CITY/FIRE) I.COUNCIL BUSINESS I1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2. INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J.CITY ATTORNEY ITEMS K.IDENTIFICATION OF ITEMS FOR NEXT MEETING L.ADJOURNMENT Page 5 of 250 217 222 227 232 245 --- --- CITY COUNCIL VISION STATEMENT “Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.” Page 6 CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website. LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Page 6 of 250 *DRAFT June 15, 2023 I City Council and Fire Protection District Special Meeting Minutes City of Rancho Cucamonga I Page 1 of 1 June 15, 2023 CITY OF RANCHO CUCAMONGA CITY COUNCIL AND FIRE PROTECTION DISTRICT SPECIAL MEETING MINUTES The City Council and Rancho Cucamonga Fire Protection District held a Special Meeting on Thursday, June 15, 2023 in Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Mayor/Chair L. Dennis Michael called the meeting to order at 3:00 p.m. Present were Council Members/Board Members: Ryan A. Hutchison, Kristine D. Scott, Ashely Stickler Mayor Pro Tem/Vice Lynne B. Kennedy and Mayor/President L. Dennis Michael. Also present were: John Gillison, City Manager; Elisa Cox, Assistant City Manager; Matt Burris, Deputy City Manager/Economic and Community Development and Julie Sowles, Deputy City Manager/Civic and Cultural Services. Council Member Stickler led the Pledge of Allegiance. A. PUBLIC COMMUNICATIONS None. B. ITEMS OF DISCUSSION B1.Discussion and Consideration of Proposed Budgets for Fiscal Year 2023/24. (Verbal Report) (Document is available for review at City Hall and https://www.cityofrc.us/your-government/budget) (CITY/FIRE) John Gillison, City Manager, provided an overview of the local economy, budget trends and outlined the proposed Budget for FY 2023/24 via PowerPoint. The summation outlined in the FY 2023/24 Preliminary Budget of all City Budgets are as follows: City General Fund $112,270,660 Fire Protection District*$64,846,900 Library Services $5,889,580 Special Funds (including CIP) $171,019,560 *Includes Fire Protection Capital Fund budget in the amount of $8,436,840. City Manager Gillison addressed City Council/Fire Board questions and comments. Council/Fire Board thanked staff for a thorough budget document. The Fiscal Year 2023-24 budget is scheduled for adoption at the June 22, 2023 Special City Council meeting. C. ADJOURNMENT Mayor Michael adjourned the meeting at 4:48 p.m. Approved: __________________________________ Linda A. Troyan, MMC City Clerk Services Director Page 7 of 250 *DRAFT* June 22, 2023 I City Council and Fire Protection District Special Meeting Minutes City of Rancho Cucamonga I Page 1 of 2 June 22, 2023 CITY OF RANCHO CUCAMONGA CITY COUNCIL AND FIRE PROTECTION DISTRICT SPECIAL MEETING MINUTES The City Council and Rancho Cucamonga Fire Protection District held a Special Meeting on Thursday, June 22, 2023 in Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor/President L. Dennis Michael called the meeting to order at 4:00 p.m. Present were Council Members/Board Members: Ryan A. Hutchison, Kristine D. Scott, and Mayor/President L. Dennis Michael. Absent: Mayor Pro Tem/Vice-President Lynne B. Kennedy and Council Member Ashley Stickler. Also present were: John Gillison, City Manager; Elisa Cox, Assistant City Manager; and Matt Burris, Deputy City Manager/Economic and Community Development. Council Member Scott led the Pledge of Allegiance. A. PUBLIC COMMUNICATIONS None. B. CONSENT CALENDAR B1. Consideration of Approval of Revisions to Amended Fiscal Year 2022/23 Appropriations. (CITY) B2. Consideration to Approve and Adopt Revised Statements of Investment Policy for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) B3. Consideration to Approve a Resolution to Rescind Resolution No. 90-411, Which Established a Policy Requiring the Preparation of an Operational Cost Analysis Prior to the Approval of Any New Public Facility, Due to Alternate Procedures Currently in Place. (RESOLUTION NO. 2023-066) (CITY) B4. Consideration to Approve the Following to be in Compliance with Governmental Accounting Standards Board (GASB) Statement No. 54: 1) Updated Fund Balance Policy; 2) a Resolution Committing to the Level of Fiscal Reserves for the City of Rancho Cucamonga; and 3) a Resolution Committing to the Level of Fiscal Reserves for the Rancho Cucamonga Fire Protection District. (RESOLUTION NO. 2023- 069 AND RESOLUTION NO. FD 2023-026) (CITY/FIRE) B5. Consideration to Approve Updated City General Fund Reserve Funding Goals Policy. (CITY) B6. Consideration to Update the City Council's 2023 Goals. (CITY/FIRE) MOTION: Moved by Council Member/Board Member Scott, seconded by Council Member/Board Member Hutchison, to approve Consent Calendar items B1 through B6. Motion carried 3-0-2; Absent: Mayor Pro Tem/Vice- President Kennedy and Council Member/Board Member Stickler. C. CITY MANAGER'S STAFF REPORT(S) C1. Consideration of a Resolution Adopting the Amended Appropriations Limit for Fiscal Year 2022-23 in Community Facilities District No. 85-1. (RESOLUTION NO. FD 2023-019) (FIRE) C2. Consideration of Resolutions Adopting the Budget and Approving the Appropriations Limit for Fiscal Year 2023-24 in Community Facilities District No. 85-1. (RESOLUTION NO. FD 2023-020) (RESOLUTION NO. FD 2023-021) (FIRE) C3. Consideration of Resolutions Adopting the Budget and Approving the Appropriation Limit for Fiscal Year 2023-24 in Community Facilities District No. 88-1. (RESOLUTION NO. FD 2023-022) (RESOLUTION NO. FD 2023-023) (FIRE) Page 8 of 250 *DRAFT* June 22, 2023 I City Council and Fire Protection District Special Meeting Minutes City of Rancho Cucamonga I Page 2 of 2 C4. Consideration to Approve a Resolution Adopting the Amended General Fund Appropriations Limit for Fiscal Year 2022-23. (RESOLUTION NO. FD 2023-024) (FIRE) C5. Consideration to Adopt the General Fund Preliminary Budget, Approve a Resolution Adopting the General Fund Appropriations Limit for Fiscal Year 2023-24, and Set Approval of a Final Budget for the July 19, 2023 Fire Board Meeting. (RESOLUTION NO. FD 2023-025) (FIRE) C6. Consideration of a Resolution Adopting the Amended Article XIIIB Appropriations Limit for Fiscal Year 2022/23. (RESOLUTION NO. 2023-065) (CITY) C7. Consideration to Adopt the Fiscal Year 2023/24 Budget, the Article XIIIB Appropriations Limit for Fiscal Year 2023/24, and the Capital Improvement Program for Fiscal Year 2023/24. (RESOLUTION NO. 2023- 067 AND RESOLUTION NO. 2023-068) (CITY) City Manager, John Gillison, provided a verbal Staff Report for items C1 through C7. Mayor/President Michael noted that the City Council and Fire Board held a budget workshop a week ago to go over the budget. MOTION: Moved by Council Member/Board Member Scott, seconded by Council Member/Board Member Hutchison, to approve staff recommendations and adopt resolutions as listed for items C1 through C7. Motion carried 3-0-2; Absent: Mayor Pro Tem/Vice-President Kennedy and Council Member/Board Member Stickler. D. ADJOURNMENT Mayor/President Michael adjourned the meeting at 4:11 p.m. Approved: __________________________________ Linda A. Troyan, MMC City Clerk Services Director Page 9 of 250 *DRAFT* June 21, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 1 of 7 June 21, 2023 CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City Council of the City of Rancho Cucamonga held a closed session on Wednesday, June 21, 2023, in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 4:30 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Elisa Cox, Assistant City Manager; Nicholas Ghirelli, City Attorney; Matt Burris, Deputy City Manager/Economic and Community Development and Julie Sowles, Deputy City Manager/Civic and Cultural Services. A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No public communications were made. C. CITY MANAGER ANNOUNCEMENTS None. D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DIRECTOR OF HUMAN RESOURCES; ROBERT NEIUBER, SENIOR HUMAN RESOURCES DIRECTOR; AND NOAH DANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE) D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT. (CITY) D3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP (CITY) D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CIVIC CENTER DRIVE AND HAVEN AVENUE IDENTIFIED AS PARCEL NUMBER 0208331400000; AND 0208331470000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND MATT BURRIS, DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND JASON TOLLESON, CO­FOUNDER, PRINCIPAL SERRANO DEVELOPMENT GROUP REGARDING PRICE AND TERMS. – CITY Page 10 of 250 *DRAFT* June 21, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 2 of 7 D5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: ROCCO CENTENO V. CITY OF RANCHO CUCAMONGA, ET AL., SBSC CASE NO. CIVSB2208653. (CITY) E. RECESS The closed session recessed at 6:45 p.m. REGULAR MEETING – 7:00 p.m. CALL TO ORDER – COUNCIL CHAMBERS The Regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held on June 21, 2023, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Linda Troyan, MMC, City Clerk Services Director. Mayor Pro Tem Kennedy led the Pledge of Allegiance. A. AMENDMENTS TO THE AGENDA City Clerk Services Director Troyan announced there is a revision on the contingency amount for item D6 on the Consent Calendar and noted that an updated Staff Report was distributed to the City Council and made available on the City’s website. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Rancho Cucamonga’s Ranking – 2023’s Best & Worst Place to Raise a Family. Tanya Spiegel, Economic Development Manager, presented a PowerPoint Presentation. C. PUBLIC COMMUNICATIONS Heather Parsons, Outgoing President of the Rancho Cucamonga Chamber of Commerce, thanked the City Council for their continuous support and invited the City Council to an upcoming event, “Shop RC Awards & Installation Dinner” on July 7, 2023. Aaron Keedy, displayed a map and spoke on restricted access at Cucamonga Creek Channel Trail Head and requested a locked gate be unlocked and requested Hermosa Avenue street improvements be extended to Arrow Highway. He also noted that the audio is not clear on City Council meeting videos broadcasted on RCTV-3 via Spectrum. Joanne Cudney shared her concerns of limited RC Animal Shelter operation hours and lack of staffing limiting the amount of animal adoptions and expressed concerns on RV Parking restrictions, code enforcement and public safety concerns. Anthony Rodriguez, Jr. shared concerns on RV Motorhomes parking along the Pacific Electric Trail between Foothill Boulevard and Baker Avenue and asked the City to enforce RV Parking restrictions. City Manager Gillison addressed Mr. Rodriguez and stated that staff is in the process of working on a solution to restrict RV parking in the area of concern. Page 11 of 250 *DRAFT* June 21, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 3 of 7 D. CONSENT CALENDAR Council Member Scott announced that she will need to abstain on item D3, due to a potential conflict of interest as her employer is Southern California Gas Company. D1. Consideration of Meeting Minutes for Regular Meetings of June 7, 2023 and Special Meeting of June 12, 2023. D2. Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,952,864.74 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $3,405,334.06 Dated May 25, 2023, Through June 11, 2023. (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $2,614.96 Dated May 25, 2023, Through June 11, 2023. (CITY/FIRE) D4. Consideration to Receive and File Current Investment Schedules as of May 31, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5. Consideration of the Automatic Aid and Mutual Aid Agreement Between the Rancho Cucamonga Fire Protection District and the City of Ontario. (FIRE) D6. Consideration of a Contract with CT&T Concrete Paving, Inc. for the Concrete Rehabilitation Project FY 22­23 in an Amount of $471,295 Plus a Contingency of $112,425. (CITY) D7. Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021­001 in the Amount of $63,610 for Installation of a 24/7 Library Kiosk at the Fire Station 178 Project. (CITY/FIRE) D8. Consideration to Reject Bids for the Traffic Signal Modification FY 21/22 Project as Non­ Responsive to the Needs of the City. (CITY) D9. Consideration to Issue a Purchase Order for the Purchase of Itron Smart Meters, Current Transformers and Test Switches from McAvoy and Markham Engineering and Sales in the Amount of $380,000 and an Appropriation in the Amount of $380,000. (CITY) D10. Consideration of a Contract with Envisionware, Inc. in an Amount Not to Exceed $188,050 for the Purchase and Installation of a 24/7 Library Materials Kiosk to be Located at Fire Station 178. (CITY) D11. Consideration of a Contract with HL Hitchcock Construction, Inc., in the Amount of $165,530 Plus a 15% Contingency in the amount of $24,830 from the LMD 1 Fund (Fund 130) for the Almond Trail Drainage Improvements Project. This Project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Government Code Section 15301 – Existing Facilities. (CITY) D12. Consideration to Approve the Continued Use and Appropriation of Funds for an Amount Not to Exceed $45,000 for Midwest Tape to Provide Digital Media Content Using the Hoopla Platform for FY 2023/2024. (CITY) D13. Consideration of Amendment No. 1 to Contract No. 2022­070 with Mariposa Landscapes, Inc. for LMD 2 Parkway Paseo and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $1,697,730. (CITY) D14. Consideration of Amendment No. 3 to Contract CO 2020­030 with Mariposa Landscapes, Inc. for LMD 4R Parkway Paseo and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $570,905. (CITY) Page 12 of 250 *DRAFT* June 21, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 4 of 7 D15. Consideration of Amendment No. 03 to Professional Services Agreement (Contract No. CO18­ 122) with Moffatt & Nichol, to Extend the Term of the Agreement for the Etiwanda Avenue Grade Separation Project. (CITY) D16. Consideration of Amendment No. 5 to Contract CO 18­030 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance of LMDs 6, 7, 8, 9, and 10 Parkways, Paseos, and Medians in an Amount Not to Exceed $1,146,600. (CITY) D17. Consideration of Amendment No. 6 to Contract CO 16­262 with BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for PD­85 Parks in an Amount Not to Exceed $323,800. (CITY) D18. Consideration of Amendment No. 6 to Contract CO 17­140 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance on the Haven Avenue and Foothill Boulevard Medians, in an Amount Not to Exceed $297,570. (CITY) D19. Consideration of Amendment No. 6 to Contract CO 19­187 with West Coast Arborists, Inc. for Citywide Tree Maintenance Services in an Amount Not to Exceed $1,630,660. (CITY) D20. Consideration of Amendment No. 6 to the Professional Services Agreement with 360 Deep Cleaning Services, LLC for Janitorial Services. (FIRE) D21. Consideration of Amendment No. 7 to Contract CO 16­148 with BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for Landscape Maintenance District 1 Parks in an Amount Not to Exceed $353,620. (CITY) D22. Consideration of Amendment No. 7 to Contract CO 17­142 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance for General Fund and LMD 3B Parkways and Medians, in an Amount Not to Exceed $925,010. (CITY) D23. Consideration of Amendment No. 8 to Contract CO 17­143 with Mariposa Landscapes, Inc. for Park Mowing and Facility Landscape Maintenance in an Amount Not to Exceed $943,540 ($857,290 [City] and $86,250 [Fire]). (CITY/FIRE) D24. Consideration of Amendment No. 13 to Contract CO 2012­009 with BrightView Landscape Services for Maintenance of Parkway, Paseo, and Median Landscapes within Landscape Maintenance Districts 1 and 5 in an Amount Not to Exceed $300,720. (CITY) D25. Consideration to Accept the Emergency Management Performance Grant Revenue in the Amount of $35,016, Awarded by the California Office of Emergency Services and Administered by the San Bernardino County Fire Department, Office of Emergency Services for Fiscal Year 2022. (CITY/FIRE) D26. Consideration to Accept the LMD­2 Victoria – Water Conservation/Landscape Renovation FY 20­21 Project as Complete (Contract No. 2021­022), File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D27. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2022/23 Local Slurry Seal Pavement Rehabilitation Project (Contract No. 2022­144). (CITY) D28. Consideration of the Fiscal Year 2022/23 Major Arterial Program, Award of Contracts with Sequel Contractors, Inc. Totaling $2,467,373 for the Lemon Avenue Pavement Rehabilitation Project and the Banyan Street Pavement Rehabilitation Project, Authorization of a 10% Contingency for Both Contracts, Rejection of Bids for the Hermosa Avenue Pavement Rehabilitation Project, Cancellation of the Base Line Road Pavement Rehabilitation Project, and Appropriation of Funds in the Amount of $1,247,100 From the Road Maintenance & Rehabilitation Fund (Fund 179) and the Measure I Fund Page 13 of 250 *DRAFT* June 21, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 5 of 7 (Fund 177). These Projects are exempt from the requirements of the California Environmental Quality Act (CEQA) per 14 CCR 15301 – Existing Facilities. (CITY) D29. Consideration of a Purchase and Sale Agreement with Sandra L. Davis, as Successor in Interest to Tony Beletrutti and Flora Beletrutti, Trustees Under Declaration of Trust Dated July 23, 1986, as Amended June 28, 1988 and August 8, 1989 for the Acquisition of a Permanent Public Trail Easement Located at 12089 Foothill Boulevard (Assessor's Parcel Number 0229­ 021­48) in Connection with the Day Creek Channel Bike Trail Project. (CITY) D30. Consideration to Adopt a Resolution Approving Salary Schedules for Job Classifications Employed by the City for Fiscal Year 2023­24. (RESOLUTION NO. 2023­064) (CITY) D31. Consideration to Approve Resolution Adopting a Memorandum of Understanding Between the Rancho Cucamonga Fire Protection District and Rancho Cucamonga Fire Management Employees Group Relative to Wages, Benefits, and Other Terms and Conditions for the Period of July 2023 through June 2026, and Adoption of the Updated Salary Schedule for Fiscal Year 2023­2024. (RESOLUTION NO. FD 2023­017 AND RESOLUTION NO. FD 2023­018) (FIRE) MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Stickler, to approve Consent Calendar Items D1 through D31, with an amendment to item D6 and Council Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Motion carried 5-0. E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION None. F. ADMINISTRATIVE HEARING ITEM(S) None. G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1. Public Hearing to Consider a Resolution to Set Residential, Commercial, and Industrial Solid Waste Collection Rates within the City of Rancho Cucamonga. (RESOLUTION NO. 2023­062) (CITY) City Manager Gillison introduced Linda Ceballos, Environmental Programs Manager, who provided the staff report along with a PowerPoint presentation for item G1. Additional correspondence (rate adjustment protests) was made available to the City Council and the public. Council discussion ensued on State legislature mandates and their impacts on local economies. Mayor Michael opened the Public Hearing. Susan Olson thanked staff for a thorough presentation and spoke on Burrtec’s customer service and lack of information regarding stolen trash barrels and fees associated if any. Michael Huffman, Burrtec Waste Industries, Inc., outlined the process of reporting stolen/ damaged trash barrels and how to have trash barrels replaced by Burrtec. Mayor Michael closed the Public Hearing. MOTION: Moved by Council Member Hutchison, seconded by Council Member Stickler, to approve staff’s recommendation, adopt Resolution No. 2023-062, to set Residential, Commercial, and Industrial Solid Waste Collection Rates within the City of Rancho Cucamonga. Motion carried 5-0. Page 14 of 250 *DRAFT* June 21, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 6 of 7 G2. Public Hearing of the City of Rancho Cucamonga to Consider a Resolution to Order the Dissolution of Landscape Maintenance District No. 5. and Authorization of an Appropriation in the Amount of $26,010. (RESOLUTION NO. 2023­063) (CITY) City Manager Gillison introduced Noah Daniels, Finance Director and Kelly Guerra, Special Districts Analyst, who provided the staff report along with a PowerPoint presentation for item G2. Council Member Hutchison asked staff if residents were currently paying into Landscape Maintenance District 1 and 5. Finance Director Daniels confirmed that residents were paying into both LMD 1 and LMD 5. Mayor Michael opened the Public Hearing. There were no public communications. Mayor Michael closed the Public Hearing. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Scott, to approve staff’s recommendation and approve Resolution No. 2023-063, ordering the dissolution of Landscape Maintenance District No. 5. and authorizing an appropriation in the amount of $26,010. Motion carried 5-0. Mayor Michael announced Public Hearing Items G3, G4 and G5 would be presented and acted upon concurrently. G3. Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 23­1, Assessor Parcel Number 0229­162­04, 0229­162­05, 0229­162­11, 0229­162­12, and 0229­162­13) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023­014) (FIRE) G4. Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 23­2, Assessor Parcel Number 0229­171­28) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023­015) (FIRE) G5. Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 23­3, Assessor Parcel Number 0229­151­27) into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2023­016) (FIRE) City Manager Gillison introduced Darci Vogel, Fire Business Manager, who provided a verbal report for items G3, G4 and G5. Mayor Michael opened the Public Hearings. There were no public communications. Mayor Michael closed the Public Hearings. MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to approve Staff recommendations for items G3, G4 and G5 and adopt Fire District Resolution Nos. FD 2023-014, FD 2023-015 and FD 2023-016. Motion carried 5-0. Page 15 of 250 *DRAFT* June 21, 2023 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 7 of 7 H. CITY MANAGERS STAFF REPORT(S) H1. Consideration to Receive and File Quarterly Financial Update for the Third Quarter of the Fiscal Year 2022/23. (CITY/FIRE) City Manager Gillison introduced Noah Daniels, Finance Director, who provided the staff report along with a PowerPoint presentation for item H1. City Manager Gillison spoke about budget/consumer trends, inflation, and economic contractions and the effects on the local economy. Mayor Michael spoke about the challenges in filling vacancies for personnel in the City and thanked employees for their continued dedication to the community. Mayor Pro Tem Kennedy addressed earlier comments about the lack of staffing at the RC Animal Shelter and spoke on the difficulty in finding staff with experience in specialized animal care. Mayor Pro Tem Kennedy stated that the City is continuously looking to fill the vacancies and is hopeful to return to normal operation hours in the future. The report was received and filed. I. COUNCIL BUSINESS I1. COUNCIL ANNOUNCEMENTS Council Member Hutchison reminded residents that fireworks are illegal in the City and invited the community to enjoy a fireworks display at the City’s 4th of July Fireworks Spectacular event at Quakes Stadium. Council Member Scott recognized Mayor Pro Tem Kennedy for recently receiving the 2023 Prism Award by Soroptimist International of the Montclair-Inland Valley for her outstanding contributions to our communities, students, and for her volunteer commitments. I2.INTER­AGENCY UPDATES None. J. CITY ATTORNEY ITEMS City Attorney Ghirelli noted there was no reportable action taken during Closed Session held earlier that evening. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. L. ADJOURNMENT Mayor Michael adjourned the Council Meeting at 8:15 p.m. _________________________________ Linda A. Troyan, MMC City Clerk Services Director Approved: Page 16 of 250 DATE:July 5, 2023 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Tamara L. Oatman, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,961,412.83 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $7,915,777.60 Dated June 12, 2023 Through June 25, 2023 and City and Fire District Electronic Debit Registers for the Month of May in the Total Amount of $10,985,772.68. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Bi-weekly payroll is $1,212,056.96 and $749,355.87 for the City and the Fire District, respectively. Weekly check register amounts are $6,646,770.40 and $1,269,007.20 for the City and the Fire District, respectively. Electronic Debit Register amounts are $5,671,428.76 and $5,314,343.92 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 Attachment 2 - Electronic Debit Register Page 17 of 250 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 6/12/2023 through 6/25/2023 Check No.Check Date Vendor Name City Fire Amount AP 00016003 06/14/2023 ABSOLUTE SECURITY INTERNATIONAL INC 14,262.28 0.00 14,262.28 AP 00016004 06/14/2023 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 26,528.64 0.00 26,528.64 AP 00016005 06/14/2023 COLLABORATIVE SOLUTIONS LLC 225,768.00 0.00 225,768.00 AP 00016006 06/14/2023 FEHR & PEERS 8,870.00 0.00 8,870.00 AP 00016007 06/14/2023 GENTRY BROTHERS INC 542,085.12 0.00 542,085.12 AP 00016008 06/14/2023 HANDTEVY PEDIATRIC EMERGENCY STANDARDS 0.00 955.12 955.12 AP 00016009 06/14/2023 INTERWEST CONSULTING GROUP INC 4,541.63 0.00 4,541.63 AP 00016010 06/14/2023 MIDWEST TAPE LLC 3,805.11 0.00 3,805.11 AP 00016011 06/14/2023 RCCEA 1,431.50 0.00 1,431.50 AP 00016012 06/14/2023 RCPFA 13,553.74 0.00 13,553.74 AP 00016013 06/14/2023 SAN BERNARDINO COUNTY 87.00 0.00 87.00 AP 00016014 06/14/2023 SHELL ENERGY NORTH AMERICA 465,702.21 0.00 465,702.21 ***AP 00016015 06/14/2023 VALSOFT CORPORATION INC 3,487.50 3,487.50 6,975.00 AP 00016016 06/14/2023 YUNEX LLC 17,394.35 0.00 17,394.35 AP 00016017 06/21/2023 ABSOLUTE SECURITY INTERNATIONAL INC 15,472.44 0.00 15,472.44 AP 00016018 06/21/2023 ACTIVE NETWORK LLC 3,132.29 0.00 3,132.29 AP 00016019 06/21/2023 ALL CITY MANAGEMENT SERVICES INC 15,437.69 0.00 15,437.69 ***AP 00016020 06/21/2023 AMG & ASSOCIATES INC 6,412.50 746,632.56 753,045.06 AP 00016021 06/21/2023 ASSI SECURITY 165.00 0.00 165.00 AP 00016022 06/21/2023 BERNELL HYDRAULICS INC 1,041.37 0.00 1,041.37 AP 00016023 06/21/2023 CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 795.96 0.00 795.96 AP 00016024 06/21/2023 CIVIC SOLUTIONS INC 7,850.00 0.00 7,850.00 AP 00016025 06/21/2023 COLLABORATIVE SOLUTIONS LLC 1,065.60 0.00 1,065.60 AP 00016026 06/21/2023 DIAMOND ENVIRONMENTAL SERVICES 1,082.68 0.00 1,082.68 ***AP 00016027 06/21/2023 EMCOR SERVICES 27,179.06 1,440.87 28,619.93 ***AP 00016028 06/21/2023 GENERATOR SERVICES CO INC 3,506.26 2,772.48 6,278.74 AP 00016029 06/21/2023 L A DESIGN GROUP - WLA 431,366.50 0.00 431,366.50 AP 00016030 06/21/2023 MICHAEL BAKER INTERNATIONAL INC 9,690.00 0.00 9,690.00 AP 00016031 06/21/2023 MIDWEST TAPE LLC 5,999.03 0.00 5,999.03 AP 00016032 06/21/2023 RE ASTORIA 2 LLC 118,034.40 0.00 118,034.40 ***AP 00016033 06/21/2023 RICHARDS WATSON & GERSHON 50,108.00 1,097.60 51,205.60 AP 00016034 06/21/2023 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00016035 06/21/2023 SAN BERNARDINO COUNTY SHERIFF'S DEPT 2,908,227.17 0.00 2,908,227.17 AP 00016036 06/22/2023 AHUMADA, ALEXANDER R 0.00 689.04 689.04 AP 00016037 06/22/2023 ALMAND, LLOYD 0.00 269.02 269.02 AP 00016038 06/22/2023 BANTAU, VICTORIA 0.00 415.50 415.50 AP 00016039 06/22/2023 BAZAL, SUSAN 0.00 269.02 269.02 AP 00016040 06/22/2023 BELL, MICHAEL L 0.00 1,834.18 1,834.18 AP 00016041 06/22/2023 BERRY, DAVID 0.00 689.04 689.04 AP 00016042 06/22/2023 BROCK, ROBIN 0.00 689.04 689.04 AP 00016043 06/22/2023 CAMPBELL, GERALD 0.00 415.50 415.50 AP 00016044 06/22/2023 CAMPBELL, STEVEN 0.00 689.04 689.04 AP 00016045 06/22/2023 CARNES, KENNETH 0.00 132.25 132.25 AP 00016046 06/22/2023 CLABBY, RICHARD 0.00 1,358.28 1,358.28 AP 00016047 06/22/2023 CLOUGHESY, DONALD R 0.00 2,429.73 2,429.73 AP 00016048 06/22/2023 CORCORAN, ROBERT ANTHONY 0.00 841.59 841.59 AP 00016049 06/22/2023 COSTELLO, DENNIS M 0.00 2,459.14 2,459.14 09:07:46 06/26/2023Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 18 of 250 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 6/12/2023 through 6/25/2023 Check No.Check Date Vendor Name City Fire Amount AP 00016050 06/22/2023 COX, KARL 0.00 689.04 689.04 AP 00016051 06/22/2023 CRANE, RALPH 0.00 689.04 689.04 AP 00016052 06/22/2023 CROSSLAND, WILBUR 0.00 415.50 415.50 AP 00016053 06/22/2023 CURATALO, JAMES 0.00 1,261.61 1,261.61 AP 00016054 06/22/2023 DAGUE, JAMES 0.00 689.04 689.04 AP 00016055 06/22/2023 DAVENPORT, JAY 0.00 2,459.14 2,459.14 AP 00016056 06/22/2023 DE ANTONIO, SUSAN 0.00 841.59 841.59 AP 00016057 06/22/2023 DEANS, JACKIE 0.00 269.02 269.02 AP 00016058 06/22/2023 EAGLESON, MICHAEL 0.00 1,834.18 1,834.18 AP 00016059 06/22/2023 EGGERS, ROBERT 0.00 689.04 689.04 AP 00016060 06/22/2023 FEJERAN, TIM 0.00 1,811.06 1,811.06 AP 00016061 06/22/2023 FRITCHEY, JOHN D 0.00 521.58 521.58 AP 00016062 06/22/2023 HEYDE, DONALD 0.00 689.04 689.04 AP 00016063 06/22/2023 HOLT, DANNY G 0.00 1,361.42 1,361.42 AP 00016064 06/22/2023 INTERLICCHIA, ROSALYN 0.00 269.02 269.02 AP 00016065 06/22/2023 JERKINS, PATRICK 0.00 1,358.28 1,358.28 AP 00016066 06/22/2023 KILMER, STEPHEN 0.00 1,358.28 1,358.28 AP 00016067 06/22/2023 KIRKPATRICK, WILLIAM M 0.00 791.73 791.73 AP 00016068 06/22/2023 LANE, WILLIAM 0.00 689.04 689.04 AP 00016069 06/22/2023 LARKIN, DAVID W 0.00 1,358.28 1,358.28 AP 00016070 06/22/2023 LEE, ALLAN J 0.00 269.02 269.02 AP 00016071 06/22/2023 LENZE, PAUL E 0.00 689.04 689.04 AP 00016072 06/22/2023 LONCAR, PHILIP 0.00 1,856.80 1,856.80 AP 00016073 06/22/2023 LONGO, JOE 0.00 132.25 132.25 AP 00016074 06/22/2023 LUTTRULL, DARRELL 0.00 415.50 415.50 AP 00016075 06/22/2023 MACKALL, BEVERLY 0.00 132.25 132.25 AP 00016076 06/22/2023 MAYFIELD, RON 0.00 689.04 689.04 AP 00016077 06/22/2023 MCKEE, JOHN 0.00 689.04 689.04 AP 00016078 06/22/2023 MCNEIL, KENNETH 0.00 689.04 689.04 AP 00016079 06/22/2023 MICHAEL, L. DENNIS 0.00 689.04 689.04 AP 00016080 06/22/2023 MORGAN, BYRON 0.00 1,278.46 1,278.46 AP 00016081 06/22/2023 MYSKOW, DENNIS 0.00 1,358.28 1,358.28 AP 00016082 06/22/2023 NAUMAN, MICHAEL 0.00 415.50 415.50 AP 00016083 06/22/2023 NELSON, MARY JANE 0.00 132.25 132.25 AP 00016084 06/22/2023 NOREEN, ERIC 0.00 2,429.73 2,429.73 AP 00016085 06/22/2023 O'BRIEN, TOM 0.00 1,834.18 1,834.18 AP 00016086 06/22/2023 PLOUNG, MICHAEL J 0.00 689.04 689.04 AP 00016087 06/22/2023 POST, MICHAEL R 0.00 1,856.80 1,856.80 AP 00016088 06/22/2023 PROULX, PATRICK 0.00 1,261.61 1,261.61 AP 00016089 06/22/2023 REDMOND, MICHAEL 0.00 689.04 689.04 AP 00016090 06/22/2023 ROBERTS, BRENT 0.00 852.90 852.90 AP 00016091 06/22/2023 ROBERTS, CHERYL L 0.00 2,459.14 2,459.14 AP 00016092 06/22/2023 ROEDER, JEFFREY 0.00 1,261.61 1,261.61 AP 00016093 06/22/2023 ROJER, IVAN M 0.00 1,811.06 1,811.06 AP 00016094 06/22/2023 SALISBURY, THOMAS 0.00 689.04 689.04 AP 00016095 06/22/2023 SMITH, RONALD 0.00 415.50 415.50 AP 00016096 06/22/2023 SORENSEN, SCOTT D 0.00 1,272.92 1,272.92 09:07:46 06/26/2023Current Date:VLOPEZ - Veronica Lopez Page:2 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 19 of 250 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 6/12/2023 through 6/25/2023 Check No.Check Date Vendor Name City Fire Amount AP 00016097 06/22/2023 SPAIN, WILLIAM 0.00 415.50 415.50 AP 00016098 06/22/2023 SULLIVAN, JAMES 0.00 415.50 415.50 AP 00016099 06/22/2023 TAYLOR, STEVEN 0.00 2,429.73 2,429.73 AP 00016100 06/22/2023 TOLL, RICHARD 0.00 2,429.73 2,429.73 AP 00016101 06/22/2023 TULEY, TERRY 0.00 1,834.18 1,834.18 AP 00016102 06/22/2023 VANDERKALLEN, FRANCIS 0.00 689.04 689.04 AP 00016103 06/22/2023 VARNEY, ANTHONY 0.00 689.04 689.04 AP 00016104 06/22/2023 WALTON, KEVIN 0.00 1,392.71 1,392.71 AP 00016105 06/22/2023 YOWELL, TIMOTHY A 0.00 689.04 689.04 AP 00432767 06/14/2023 ABC LOCKSMITHS INC 113.75 0.00 113.75 AP 00432768 06/14/2023 ADVANCED CHEMICAL TRANSPORT INC 324.00 0.00 324.00 AP 00432769 06/14/2023 AFLAC 24.58 0.00 24.58 AP 00432770 06/14/2023 AIRGAS USA LLC 263.24 0.00 263.24 AP 00432771 06/14/2023 ANIMAL HEALTH DIAGNOSTIC CENTER 74.50 0.00 74.50 AP 00432772 06/14/2023 ANYPROMO INC 1,709.01 0.00 1,709.01 AP 00432773 06/14/2023 AUFBAU CORPORATION 13,504.40 0.00 13,504.40 AP 00432774 06/14/2023 AUNTIE M CREATIVE CONSULTANTS INC 1,879.72 0.00 1,879.72 AP 00432775 06/14/2023 B & H PHOTO-VIDEO 3,573.43 0.00 3,573.43 AP 00432776 06/14/2023 BAKER & TAYLOR LLC 158.37 0.00 158.37 AP 00432777 06/14/2023 BARBARA'S ANSWERING SERVICE 552.00 0.00 552.00 AP 00432778 06/14/2023 BENNETT, JEFFREY 64.13 0.00 64.13 AP 00432779 06/14/2023 BILL & WAG'S INC 0.00 850.78 850.78 AP 00432780 06/14/2023 C V W D 0.00 1,152.80 1,152.80 AP 00432781 06/14/2023 C V W D 0.00 186.11 186.11 AP 00432784 06/14/2023 C V W D 23,377.09 0.00 23,377.09 AP 00432785 06/14/2023 CALIF UNDERGROUND FAC SAFE EXCAVATION BOARD 42.92 0.00 42.92 AP 00432786 06/14/2023 CALIFORNIA, STATE OF 50.00 0.00 50.00 AP 00432787 06/14/2023 CALIFORNIA, STATE OF 200.00 0.00 200.00 AP 00432788 06/14/2023 CALIFORNIA, STATE OF 131.14 0.00 131.14 AP 00432789 06/14/2023 CalPERS LONG-TERM CARE PROGRAM 221.35 0.00 221.35 AP 00432790 06/14/2023 CAN/AM TECHNOLOGIES INC 11,467.28 0.00 11,467.28 AP 00432791 06/14/2023 CANTO INC 12,000.00 0.00 12,000.00 AP 00432792 06/14/2023 CARAHSOFT TECHNOLOGY CORP 10,987.52 0.00 10,987.52 AP 00432793 06/14/2023 CARQUEST AUTO PARTS 1,775.06 0.00 1,775.06 AP 00432794 06/14/2023 CASTILLO, RAAMSES 3,300.00 0.00 3,300.00 AP 00432795 06/14/2023 CCS ORANGE COUNTY JANITORIAL INC 3,679.33 0.00 3,679.33 AP 00432796 06/14/2023 CHAMPION AWARDS & SPECIALTIES 237.05 0.00 237.05 AP 00432797 06/14/2023 CHAVEZ, MORGAN 3,300.00 0.00 3,300.00 AP 00432798 06/14/2023 CHEN, YAN 146.34 0.00 146.34 AP 00432799 06/14/2023 CITRUS MOTORS ONTARIO INC 4,251.05 0.00 4,251.05 AP 00432800 06/14/2023 CIVICWELL 1,000.00 0.00 1,000.00 AP 00432801 06/14/2023 CODE RED HEADSETS 269.38 0.00 269.38 AP 00432802 06/14/2023 COLD DUCK PRODUCTIONS INC 1,900.00 0.00 1,900.00 AP 00432803 06/14/2023 COLLINS, TODD 17.25 0.00 17.25 AP 00432804 06/14/2023 CORODATA MEDIA STORAGE INC 78.44 0.00 78.44 AP 00432805 06/14/2023 COSTAR REALTY INFORMATION INC 1,746.00 0.00 1,746.00 AP 00432806 06/14/2023 COUSIN, DAVID WILLIAM 1,426.52 0.00 1,426.52 09:07:46 06/26/2023Current Date:VLOPEZ - Veronica Lopez Page:3 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 20 of 250 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 6/12/2023 through 6/25/2023 Check No.Check Date Vendor Name City Fire Amount AP 00432807 06/14/2023 CRUZ, MARK DALE G 31.29 0.00 31.29 AP 00432808 06/14/2023 CTC TECHNOLOGY & ENERGY 5,237.24 0.00 5,237.24 AP 00432809 06/14/2023 D & K CONCRETE COMPANY 1,691.68 0.00 1,691.68 AP 00432810 06/14/2023 DEMCO INC 217.83 0.00 217.83 AP 00432811 06/14/2023 DEPENDABLE COMPANY INC 97.50 0.00 97.50 AP 00432812 06/14/2023 DICUS SHERIFF-CORONER, SHANNON D 232.90 0.00 232.90 AP 00432813 06/14/2023 DIRECTV 357.85 0.00 357.85 AP 00432814 06/14/2023 FEDERAL EXPRESS CORP 6.31 0.00 6.31 AP 00432815 06/14/2023 FERGUSON ENTERPRISES LLC #1350 1,350.63 0.00 1,350.63 AP 00432816 06/14/2023 FIALLOS, WILSON 7,050.00 0.00 7,050.00 AP 00432817 06/14/2023 FIGUEROA, JOSEPH R 450.00 0.00 450.00 AP 00432818 06/14/2023 FOOTHILL FAMILY SHELTER 3,750.00 0.00 3,750.00 AP 00432819 06/14/2023 FORTIN LAW GROUP 22,215.96 0.00 22,215.96 AP 00432820 06/14/2023 GARCIA, WESS 153.25 0.00 153.25 AP 00432821 06/14/2023 GILKEY, JOHN A 510.00 0.00 510.00 AP 00432822 06/14/2023 GRAINGER 415.20 0.00 415.20 AP 00432823 06/14/2023 GRAPHICS FACTORY PRINTING INC 2,276.22 0.00 2,276.22 AP 00432824 06/14/2023 GRAYBAR ELECTRIC COMPANY INC 870.19 0.00 870.19 AP 00432825 06/14/2023 HAMILTON, MONIQUE 585.00 0.00 585.00 AP 00432826 06/14/2023 HERITAGE WELLNESS COLLECTIVE 817.00 0.00 817.00 AP 00432827 06/14/2023 HOLLIDAY ROCK CO INC 1,609.24 0.00 1,609.24 AP 00432828 06/14/2023 HOME DEPOT CREDIT SERVICES 1,894.52 0.00 1,894.52 AP 00432829 06/14/2023 HOUSE OF RUTH INC 1,697.01 0.00 1,697.01 AP 00432830 06/14/2023 IDEXX DISTRIBUTION INC 5,527.47 0.00 5,527.47 AP 00432831 06/14/2023 INLAND PRESORT & MAILING SERVICES 338.78 0.00 338.78 AP 00432832 06/14/2023 INTERSTATE ALL BATTERY CENTER 133.69 0.00 133.69 AP 00432833 06/14/2023 ITRON INC 9,653.28 0.00 9,653.28 AP 00432834 06/14/2023 JACOBO, STEPHANIE 1,137.75 0.00 1,137.75 AP 00432835 06/14/2023 KEITH, JORRY 180.00 0.00 180.00 AP 00432836 06/14/2023 KINDRED CORPORATION, THE 6,141.16 0.00 6,141.16 AP 00432837 06/14/2023 LABASTIDA CONSTRUCTION 13,500.00 0.00 13,500.00 AP 00432838 06/14/2023 LEVEL 3 COMMUNICATIONS LLC 6,119.51 0.00 6,119.51 AP 00432839 06/14/2023 LIGHT WIRE THEATER LLC 617.85 0.00 617.85 AP 00432840 06/14/2023 MAIN STREET SIGNS 2,957.74 0.00 2,957.74 AP 00432841 06/14/2023 MARIPOSA LANDSCAPES INC 10,424.57 0.00 10,424.57 AP 00432842 06/14/2023 MCFADDEN-DALE HARDWARE 83.96 0.00 83.96 AP 00432843 06/14/2023 MCI 33.89 0.00 33.89 AP 00432844 06/14/2023 MCMASTER-CARR SUPPLY COMPANY 0.00 78.94 78.94 AP 00432845 06/14/2023 MELLO, LEONARD 57.99 0.00 57.99 AP 00432846 06/14/2023 MELLO, TERRI 355.00 0.00 355.00 AP 00432847 06/14/2023 MINUTEMAN PRESS 280.84 0.00 280.84 AP 00432848 06/14/2023 MUNSON, MICHELLE 36.24 0.00 36.24 AP 00432849 06/14/2023 NATIONAL UTILITY LOCATORS LLC 420.00 0.00 420.00 AP 00432850 06/14/2023 NEW IMAGE COMMERCIAL FLOORING 5,844.00 0.00 5,844.00 AP 00432851 06/14/2023 NINJIO LLC 14,724.00 0.00 14,724.00 AP 00432852 06/14/2023 NINYO & MOORE 0.00 5,270.00 5,270.00 AP 00432853 06/14/2023 OCCUPATIONAL HEALTH CENTERS OF CA 0.00 95.00 95.00 09:07:46 06/26/2023Current Date:VLOPEZ - Veronica Lopez Page:4 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 21 of 250 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 6/12/2023 through 6/25/2023 Check No.Check Date Vendor Name City Fire Amount AP 00432854 06/14/2023 ODP BUSINESS SOLUTIONS LLC 1,254.40 0.00 1,254.40 AP 00432855 06/14/2023 ONTARIO SPAY & NEUTER INC 405.00 0.00 405.00 AP 00432856 06/14/2023 PLACER LABS INC 84,000.00 0.00 84,000.00 AP 00432857 06/14/2023 POSTAL PERFECT 210.00 0.00 210.00 AP 00432858 06/14/2023 PRE-PAID LEGAL SERVICES INC 53.36 0.00 53.36 AP 00432859 06/14/2023 PROHEALTH PARTNERS INC 0.00 150.00 150.00 AP 00432860 06/14/2023 PROMOTE POSITIVITY LLC 1,103.21 0.00 1,103.21 AP 00432861 06/14/2023 PROS CONSULTING INC 8,440.00 0.00 8,440.00 AP 00432862 06/14/2023 PSA PRINT GROUP 301.70 0.00 301.70 AP 00432863 06/14/2023 Q 2,031.76 0.00 2,031.76 AP 00432864 06/14/2023 QUALLS, ELENA 77.39 0.00 77.39 AP 00432865 06/14/2023 RAINBOW BOLT & SUPPLY INC 3,887.29 0.00 3,887.29 AP 00432866 06/14/2023 RAYMOND M ALF MUSEUM OF PALEONTOLOGY 175.00 0.00 175.00 AP 00432867 06/14/2023 REINHART, KAISER 57.82 0.00 57.82 AP 00432868 06/14/2023 SBPEA 2,592.28 0.00 2,592.28 AP 00432869 06/14/2023 SHOETERIA INC 347.52 0.00 347.52 AP 00432870 06/14/2023 SIGN SHOP, THE 220.89 0.00 220.89 AP 00432871 06/14/2023 SITEONE LANDSCAPE SUPPLY LLC 371.39 0.00 371.39 ***AP 00432874 06/14/2023 SOUTHERN CALIFORNIA EDISON 113,955.23 2,194.76 116,149.99 AP 00432875 06/14/2023 SOUTHERN CALIFORNIA EDISON 67,500.00 0.00 67,500.00 AP 00432876 06/14/2023 SOVIC CREATIVE 6,959.35 0.00 6,959.35 AP 00432877 06/14/2023 STABILIZER SOLUTIONS INC 2,848.40 0.00 2,848.40 AP 00432878 06/14/2023 STERLING COFFEE SERVICE 2,799.99 0.00 2,799.99 AP 00432879 06/14/2023 STUDIO 30 - THE KETTLEBELL FIT CLUB LLC 350.00 0.00 350.00 AP 00432880 06/14/2023 TELLEZ, ELIJAH 510.00 0.00 510.00 AP 00432881 06/14/2023 TERRY, DONNA 600.00 0.00 600.00 AP 00432882 06/14/2023 TIREHUB LLC 3,860.16 0.00 3,860.16 AP 00432883 06/14/2023 TOMCO CNG INC 11,175.29 0.00 11,175.29 AP 00432884 06/14/2023 TRYFYTT SPORTS 1,526.40 0.00 1,526.40 AP 00432885 06/14/2023 UNDERGROUND SERVICE ALERT/SC 190.25 0.00 190.25 AP 00432886 06/14/2023 UNITY COURIER SERVICE INC 1,349.27 0.00 1,349.27 AP 00432887 06/14/2023 UPS 92.10 0.00 92.10 AP 00432888 06/14/2023 URBAN3 3,600.00 0.00 3,600.00 AP 00432889 06/14/2023 US POSTAL SERVICE 2,000.00 0.00 2,000.00 AP 00432890 06/14/2023 US POSTAL SERVICE 17,000.00 0.00 17,000.00 AP 00432891 06/14/2023 US POSTAL SERVICE 27,900.00 0.00 27,900.00 AP 00432892 06/14/2023 VALVERDE SCHOOL OF PERFORMING ARTS 6,063.50 0.00 6,063.50 AP 00432893 06/14/2023 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00432894 06/14/2023 VERIZON WIRELESS - LA 4,881.43 0.00 4,881.43 AP 00432895 06/14/2023 VIRGIN PULSE INC 1,149.60 0.00 1,149.60 AP 00432896 06/14/2023 VISTA PAINT 43.20 0.00 43.20 AP 00432897 06/14/2023 VULCAN MATERIALS COMPANY 310.87 0.00 310.87 AP 00432898 06/14/2023 WALTERS WHOLESALE ELECTRIC CO 0.00 103.87 103.87 AP 00432899 06/14/2023 WAXIE SANITARY SUPPLY 4,021.32 0.00 4,021.32 AP 00432900 06/14/2023 WEST COAST ARBORISTS INC 41,401.25 0.00 41,401.25 AP 00432901 06/14/2023 WESTBOUND COMMUNICATIONS INC 13,566.50 0.00 13,566.50 AP 00432902 06/14/2023 WILBUR-ELLIS COMPANY 2,930.81 0.00 2,930.81 09:07:46 06/26/2023Current Date:VLOPEZ - Veronica Lopez Page:5 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 22 of 250 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 6/12/2023 through 6/25/2023 Check No.Check Date Vendor Name City Fire Amount AP 00432903 06/14/2023 WILLDAN GROUP 1,464.00 0.00 1,464.00 AP 00432904 06/14/2023 XIBITZ INC 114,457.40 0.00 114,457.40 AP 00434905 06/20/2023 SAN BERNARDINO COUNTY CLERK 50.00 0.00 50.00 AP 00434906 06/20/2023 SAN BERNARDINO COUNTY CLERK 50.00 0.00 50.00 AP 00434907 06/20/2023 SAN BERNARDINO COUNTY CLERK 50.00 0.00 50.00 AP 00434908 06/21/2023 49ER COMMUNICATIONS INC 0.00 131.88 131.88 AP 00434909 06/21/2023 ABC LOCKSMITHS INC 397.29 0.00 397.29 AP 00434910 06/21/2023 ADVANCED CHEMICAL TRANSPORT INC 2,219.50 0.00 2,219.50 AP 00434911 06/21/2023 AIRGAS USA LLC 0.00 4,374.10 4,374.10 AP 00434912 06/21/2023 ALL WELDING 825.00 0.00 825.00 AP 00434913 06/21/2023 ALLSTAR FIRE EQUIPMENT INC 0.00 11,171.52 11,171.52 AP 00434914 06/21/2023 ALTA LAGUNA MOBILE HOME PARK - CA LLC 400.00 0.00 400.00 AP 00434915 06/21/2023 ALTA VISTA MOBILE HOME PARK 292.58 0.00 292.58 AP 00434916 06/21/2023 AM-TEC TOTAL SECURITY INC 16,809.50 0.00 16,809.50 AP 00434917 06/21/2023 ANTELOPE EXPANSION 3B LLC 37,960.95 0.00 37,960.95 AP 00434918 06/21/2023 AP TRITON LLC 0.00 2,359.00 2,359.00 AP 00434919 06/21/2023 APX INC 89.75 0.00 89.75 AP 00434920 06/21/2023 AUFBAU CORPORATION 0.00 52,320.00 52,320.00 AP 00434921 06/21/2023 AUTO & RV SPECIALISTS INC 104.01 0.00 104.01 AP 00434922 06/21/2023 BAYONA, JACQUELINE 172.66 0.00 172.66 AP 00434923 06/21/2023 BIBLIOTHECA LLC 15,136.95 0.00 15,136.95 AP 00434924 06/21/2023 BONALDO, SERGE 486.56 0.00 486.56 AP 00434925 06/21/2023 BRAUN BLAISING SMITH WYNNE 3,264.80 0.00 3,264.80 AP 00434926 06/21/2023 BRIGHTVIEW LANDSCAPE SERVICES INC 18,814.32 0.00 18,814.32 AP 00434927 06/21/2023 BRODART CO 19,619.08 0.00 19,619.08 ***AP 00434929 06/21/2023 C V W D 23,145.85 715.61 23,861.46 AP 00434930 06/21/2023 CAL FIRE 0.00 225.00 225.00 AP 00434931 06/21/2023 CAL FIRE 0.00 181,962.73 181,962.73 ***AP 00434932 06/21/2023 CALIF DEPT OF TAX & FEE ADMINISTRATION 252.77 624.24 877.01 AP 00434933 06/21/2023 CAN/AM TECHNOLOGIES INC 49,140.00 0.00 49,140.00 AP 00434934 06/21/2023 CARDIO PARTNERS INC 0.00 14,484.83 14,484.83 AP 00434935 06/21/2023 CART RETRIEVAL INC 195.00 0.00 195.00 AP 00434936 06/21/2023 CASA VOLANTE ESTATES 600.00 0.00 600.00 AP 00434937 06/21/2023 CASTANEDA, MIGUEL ANGEL 1,422.00 0.00 1,422.00 AP 00434938 06/21/2023 CCS ORANGE COUNTY JANITORIAL INC 6,251.28 0.00 6,251.28 AP 00434939 06/21/2023 CERTIFIED TOWING INC 125.00 0.00 125.00 ***AP 00434940 06/21/2023 CHAMPION FIRE SYSTEMS INC 732.00 1,210.90 1,942.90 AP 00434941 06/21/2023 CHAPARRAL HEIGHTS MOBILE HOME PARK 300.00 0.00 300.00 AP 00434942 06/21/2023 CHEN, DEREK 56.66 0.00 56.66 ***AP 00434943 06/21/2023 CINTAS CORPORATION 1,373.60 729.14 2,102.74 ***AP 00434944 06/21/2023 CITIZENS BUSINESS BANK 337.50 39,296.45 39,633.95 AP 00434945 06/21/2023 CITRUS MOTORS ONTARIO INC 563.75 0.00 563.75 AP 00434946 06/21/2023 CIVICA LAW GROUP APC 0.00 257.00 257.00 AP 00434947 06/21/2023 COAST FITNESS REPAIR SHOP 0.00 670.23 670.23 AP 00434948 06/21/2023 COLLINS & COLLINS LLP 3,348.00 0.00 3,348.00 AP 00434949 06/21/2023 COSTAR REALTY INFORMATION INC 1,746.00 0.00 1,746.00 AP 00434950 06/21/2023 COVETRUS NORTH AMERICA 76.18 0.00 76.18 09:07:46 06/26/2023Current Date:VLOPEZ - Veronica Lopez Page:6 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 23 of 250 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 6/12/2023 through 6/25/2023 Check No.Check Date Vendor Name City Fire Amount AP 00434951 06/21/2023 CREATIVE TALENT PARTNERS 12,800.00 0.00 12,800.00 AP 00434952 06/21/2023 D & K CONCRETE COMPANY 876.55 0.00 876.55 AP 00434953 06/21/2023 DAN'S LAWNMOWER CENTER 0.00 509.20 509.20 AP 00434954 06/21/2023 DANIELS TIRE SERVICE 4,033.54 0.00 4,033.54 AP 00434955 06/21/2023 DANIELS, JAMES 68.07 0.00 68.07 AP 00434956 06/21/2023 DEPARTMENT OF JUSTICE 576.00 0.00 576.00 AP 00434957 06/21/2023 DEPENDABLE COMPANY INC 52.50 0.00 52.50 AP 00434958 06/21/2023 DESAI, RONAK 2,280.00 0.00 2,280.00 AP 00434959 06/21/2023 DGO AUTO DETAILING 420.00 0.00 420.00 AP 00434960 06/21/2023 DREAM SHAPERS 425.00 0.00 425.00 AP 00434961 06/21/2023 DREAM SHAPERS 350.00 0.00 350.00 AP 00434962 06/21/2023 DYNAMIC TELCO LLC 178.00 0.00 178.00 AP 00434963 06/21/2023 ECOHERO SHOW LLC, THE 800.00 0.00 800.00 AP 00434964 06/21/2023 EXECUTIVE DETAIL SERVICES 0.00 220.00 220.00 AP 00434965 06/21/2023 EXPRESS BRAKE SUPPLY INC 4,515.03 0.00 4,515.03 AP 00434966 06/21/2023 FEDERAL EXPRESS CORP 170.36 0.00 170.36 AP 00434967 06/21/2023 FERGUSON ENTERPRISES LLC #1350 48.00 0.00 48.00 ***AP 00434968 06/21/2023 FRONTIER COMM 986.93 603.43 1,590.36 ***AP 00434969 06/21/2023 FRONTIER COMM 178.75 417.07 595.82 AP 00434970 06/21/2023 FUEL SERV 757.41 0.00 757.41 AP 00434971 06/21/2023 G/M BUSINESS INTERIORS 0.00 14,296.98 14,296.98 AP 00434972 06/21/2023 GATEWAY PET CEMETERY & CREMATORY 935.00 0.00 935.00 AP 00434973 06/21/2023 GENTRY GENERAL ENGINEERING INC 93,622.27 0.00 93,622.27 AP 00434974 06/21/2023 GEO PLASTICS INC 3,155.15 0.00 3,155.15 AP 00434975 06/21/2023 GOGOV APPS INC 13,968.00 0.00 13,968.00 AP 00434976 06/21/2023 GOVERNMENT BUSINESS INTERIORS LLC 3,147.60 0.00 3,147.60 AP 00434977 06/21/2023 GRAINGER 2,538.65 0.00 2,538.65 AP 00434978 06/21/2023 GROSSETT, TATIANA 28.98 0.00 28.98 AP 00434979 06/21/2023 GROVES ON FOOTHILL, THE 200.00 0.00 200.00 AP 00434980 06/21/2023 HAAKER EQUIPMENT COMPANY 551.35 0.00 551.35 AP 00434981 06/21/2023 HOLLIDAY ROCK CO INC 1,194.94 0.00 1,194.94 AP 00434982 06/21/2023 HOMETOWN AMERICA - RAMONA VILLA MHP 300.00 0.00 300.00 AP 00434983 06/21/2023 IDEXX DISTRIBUTION INC 4,822.77 0.00 4,822.77 AP 00434984 06/21/2023 IMAGINE COURT REPORTING 864.61 0.00 864.61 AP 00434987 06/21/2023 INLAND EMPIRE PROPERTY SERVICE INC 0.00 41,752.50 41,752.50 AP 00434988 06/21/2023 INLAND FAIR HOUSING & MEDIATION BOARD 5,939.52 0.00 5,939.52 AP 00434989 06/21/2023 INTELESYS 262.66 0.00 262.66 AP 00434990 06/21/2023 INTERNET CENTRICS LLC 0.00 499.40 499.40 AP 00434991 06/21/2023 INTERSTATE ALL BATTERY CENTER 163.39 0.00 163.39 AP 00434992 06/21/2023 INYO NETWORKS INC 11,119.50 0.00 11,119.50 AP 00434993 06/21/2023 IPQ CONSTRUCTION LLC 219.86 0.00 219.86 AP 00434994 06/21/2023 ITERIS INC 1,100.00 0.00 1,100.00 AP 00434995 06/21/2023 KHALIQ, SHEHZAD 1,500.00 0.00 1,500.00 AP 00434996 06/21/2023 KINGDOM CALIBRATIONS INC 0.00 140.00 140.00 AP 00434997 06/21/2023 KVL TIRES INC 2,690.85 0.00 2,690.85 AP 00434998 06/21/2023 KWALL LLC 9,300.00 0.00 9,300.00 AP 00434999 06/21/2023 LABASTIDA CONSTRUCTION 1,500.00 0.00 1,500.00 09:07:46 06/26/2023Current Date:VLOPEZ - Veronica Lopez Page:7 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 24 of 250 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 6/12/2023 through 6/25/2023 Check No.Check Date Vendor Name City Fire Amount AP 00435000 06/21/2023 LANCE SOLL & LUNGHARD 2,890.00 0.00 2,890.00 AP 00435001 06/21/2023 LIFE-ASSIST INC 0.00 4,966.50 4,966.50 AP 00435002 06/21/2023 LOS ANGELES COUNTY 6,303.57 0.00 6,303.57 AP 00435003 06/21/2023 MCMASTER-CARR SUPPLY COMPANY 161.81 0.00 161.81 AP 00435004 06/21/2023 MERRIMAC PETROLEUM INC 1,308.57 0.00 1,308.57 AP 00435005 06/21/2023 MWI ANIMAL HEALTH 895.00 0.00 895.00 AP 00435006 06/21/2023 NEWCO DISTRIBUTORS INC 1,386.53 0.00 1,386.53 AP 00435007 06/21/2023 NV5 INC 19,423.03 0.00 19,423.03 AP 00435008 06/21/2023 OCCUPATIONAL HEALTH CENTERS OF CA 1,574.00 0.00 1,574.00 ***AP 00435009 06/21/2023 ODP BUSINESS SOLUTIONS LLC 3,071.83 190.76 3,262.59 AP 00435010 06/21/2023 ONG, THIAM 511.73 0.00 511.73 AP 00435011 06/21/2023 ONLY CREMATIONS FOR PETS INC 1,250.00 0.00 1,250.00 AP 00435012 06/21/2023 ONTARIO SPAY & NEUTER INC 590.00 0.00 590.00 AP 00435013 06/21/2023 ONWARD ENGINEERING 17,782.50 0.00 17,782.50 AP 00435014 06/21/2023 OPENDOOR LABS INC 68.08 0.00 68.08 AP 00435015 06/21/2023 PACIFIC UTILITY INSTALLATION INC 216,600.00 0.00 216,600.00 AP 00435016 06/21/2023 PALACIOS, JENNIFER 160.54 0.00 160.54 AP 00435017 06/21/2023 PASSION ARCHITECTS 363.75 0.00 363.75 AP 00435018 06/21/2023 PAZMINO, EDGAR P 200.00 0.00 200.00 AP 00435019 06/21/2023 PETE'S ROAD SERVICE INC 472.54 0.00 472.54 AP 00435020 06/21/2023 PLUMMER, JACQUES 0.00 320.00 320.00 AP 00435021 06/21/2023 PRISTINE UNIFORMS LLC 0.00 3,859.40 3,859.40 ***AP 00435022 06/21/2023 PSA PRINT GROUP 2,212.40 43.10 2,255.50 AP 00435023 06/21/2023 PUNT CONSULTING GROUP 3,950.00 0.00 3,950.00 AP 00435024 06/21/2023 QUADIENT-4715 25,000.00 0.00 25,000.00 AP 00435025 06/21/2023 QUALLS, ELENA 20.00 0.00 20.00 AP 00435026 06/21/2023 QUIQ INCORPORATED 10,000.00 0.00 10,000.00 AP 00435027 06/21/2023 RAHHAL, TEYMA 486.56 0.00 486.56 AP 00435028 06/21/2023 RBM LOCK & KEY SERVICE 626.40 0.00 626.40 AP 00435029 06/21/2023 RYDIN 753.56 0.00 753.56 AP 00435030 06/21/2023 SAFETY-KLEEN SYSTEMS INC 402.04 0.00 402.04 AP 00435031 06/21/2023 SAN BERNARDINO CNTY FIRE PROTECTION DIST 0.00 668.10 668.10 ***AP 00435032 06/21/2023 SAN BERNARDINO COUNTY 15,443.92 12,616.16 28,060.08 AP 00435033 06/21/2023 SAN BERNARDINO COUNTY SHERIFFS DEPT 1,243.35 0.00 1,243.35 AP 00435034 06/21/2023 SANCHEZ, DIANA 5,260.00 0.00 5,260.00 AP 00435035 06/21/2023 SAUCEDO, MAYRA 486.56 0.00 486.56 ***AP 00435036 06/21/2023 SCOTT MCLEOD PLUMBING INC 1,047.44 17,658.00 18,705.44 AP 00435037 06/21/2023 SDI PRESENCE LLC 24,142.50 0.00 24,142.50 AP 00435038 06/21/2023 SHRED PROS 115.00 0.00 115.00 AP 00435039 06/21/2023 SILVA, DAVID 651.99 0.00 651.99 AP 00435040 06/21/2023 SITEONE LANDSCAPE SUPPLY LLC 571.20 0.00 571.20 AP 00435041 06/21/2023 SKYLINE SAFETY & SUPPLY 5,987.47 0.00 5,987.47 AP 00435042 06/21/2023 SMITH, THERESE 28.82 0.00 28.82 AP 00435044 06/21/2023 SOCIAL IMPACT ARTISTS - TSIA, THE 1,530.00 0.00 1,530.00 AP 00435045 06/21/2023 SOCIAL VOCATIONAL SERVICES 3,727.75 0.00 3,727.75 AP 00435046 06/21/2023 SOLORIO, KIMBERLY 73.36 0.00 73.36 AP 00435047 06/21/2023 SOUTH COAST AQMD 153.23 0.00 153.23 09:07:46 06/26/2023Current Date:VLOPEZ - Veronica Lopez Page:8 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 25 of 250 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 6/12/2023 through 6/25/2023 Check No.Check Date Vendor Name City Fire Amount AP 00435048 06/21/2023 SOUTHERN CALIFORNIA EDISON 8,781.15 0.00 8,781.15 AP 00435049 06/21/2023 SOUTHERN CALIFORNIA EDISON 483.14 0.00 483.14 ***AP 00435050 06/21/2023 STANLEY PEST CONTROL 2,150.00 810.00 2,960.00 AP 00435051 06/21/2023 STITT, ANTHONY 51.20 0.00 51.20 AP 00435052 06/21/2023 SUPERIOR PAVEMENT MARKINGS INC 23,464.08 0.00 23,464.08 AP 00435053 06/21/2023 SYCAMORE VILLA MOBILE HOME PARK 300.00 0.00 300.00 AP 00435054 06/21/2023 T & G ROOFING & SOLAR ELECTRIC COMPANY 492.31 0.00 492.31 AP 00435055 06/21/2023 TENORIO, LAURA 234.00 0.00 234.00 AP 00435056 06/21/2023 TIREHUB LLC 685.24 0.00 685.24 AP 00435057 06/21/2023 TOWILL INC 5,206.25 0.00 5,206.25 AP 00435058 06/21/2023 TRANSTECH ENGINEERS INC 3,800.00 0.00 3,800.00 ***AP 00435059 06/21/2023 TRIDEN GROUP CORP 14,650.00 14,650.00 29,300.00 AP 00435060 06/21/2023 TRUEPOINT SOLUTIONS 825.00 0.00 825.00 AP 00435061 06/21/2023 TRYFYTT SPORTS 1,812.60 0.00 1,812.60 AP 00435062 06/21/2023 TSI INCORPORATED 0.00 1,207.42 1,207.42 AP 00435063 06/21/2023 U.S. BANK PARS ACCT #6746022500 1,024.73 0.00 1,024.73 AP 00435064 06/21/2023 U.S. BANK PARS ACCT #6746022500 10,311.00 0.00 10,311.00 AP 00435065 06/21/2023 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00 AP 00435066 06/21/2023 UNITED SITE SERVICES OF CA INC 551.09 0.00 551.09 AP 00435067 06/21/2023 UPLAND ANIMAL HOSPITAL 85.00 0.00 85.00 AP 00435068 06/21/2023 UPS 440.72 0.00 440.72 AP 00435069 06/21/2023 VALENZUELA, WILLIAM 15.72 0.00 15.72 AP 00435070 06/21/2023 VERIZON 39.45 0.00 39.45 AP 00435071 06/21/2023 VERIZON BUSINESS 43.30 0.00 43.30 AP 00435072 06/21/2023 VERIZON WIRELESS - LA 248.96 0.00 248.96 AP 00435073 06/21/2023 VERIZON WIRELESS - LA 6,588.42 0.00 6,588.42 AP 00435074 06/21/2023 VETS CHOICE RADIOLOGY 238.00 0.00 238.00 AP 00435075 06/21/2023 VICTOR MEDICAL COMPANY 2,621.77 0.00 2,621.77 AP 00435076 06/21/2023 VILLARREAL, ROLAND C.1,040.00 0.00 1,040.00 AP 00435077 06/21/2023 VIRGIN PULSE INC 1,178.40 0.00 1,178.40 AP 00435078 06/21/2023 VIRTUAL PROJECT MANAGER LLC 500.00 0.00 500.00 AP 00435079 06/21/2023 VISION SERVICE PLAN CA 11,307.73 0.00 11,307.73 AP 00435080 06/21/2023 VULCAN MATERIALS COMPANY 106.25 0.00 106.25 AP 00435081 06/21/2023 WALTERS WHOLESALE ELECTRIC CO 767.62 0.00 767.62 AP 00435082 06/21/2023 WAXIE SANITARY SUPPLY 4,617.42 0.00 4,617.42 AP 00435083 06/21/2023 WESTBOUND COMMUNICATIONS INC 15,844.63 0.00 15,844.63 AP 00435084 06/21/2023 WHITTIER FERTILIZER 732.70 0.00 732.70 AP 00435085 06/21/2023 WILBUR-ELLIS COMPANY 2,089.98 0.00 2,089.98 AP 00435086 06/21/2023 WILSON & BELL AUTO SERVICE 300.00 0.00 300.00 AP 00435087 06/21/2023 WONG, BARBARA G 700.00 0.00 700.00 AP 00435088 06/21/2023 WONG, CARL 0.00 500.00 500.00 AP 00435089 06/21/2023 YOUTH EVOLUTION ACTIVITIES 804.60 0.00 804.60 AP 00435090 06/21/2023 ZHANG, CHAONAN 97.98 0.00 97.98 AP 00435091 06/21/2023 ZHANG, XIANG 1.40 0.00 1.40 AP 00435092 06/22/2023 CERVANTES, CYLINA 0.00 1,811.06 1,811.06 AP 00435093 06/22/2023 MAGNUSON, PETER 0.00 1,878.60 1,878.60 AP 00435094 06/22/2023 RODRIGUEZ, VICTOR 0.00 689.04 689.04 09:07:46 06/26/2023Current Date:VLOPEZ - Veronica Lopez Page:9 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 26 of 250 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 6/12/2023 through 6/25/2023 Check No.Check Date Vendor Name City Fire Amount AP 00435095 06/22/2023 SPAGNOLO, VIOLA 0.00 262.59 262.59 AP 00435096 06/22/2023 WALKER, KENNETH 0.00 269.02 269.02 $6,646,770.40 $7,915,777.60 $1,269,007.20 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 09:07:46 06/26/2023Current Date:VLOPEZ - Veronica Lopez Page:10 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 27 of 250 DATE DESCRIPTION CITY FIRE AMOUNT 5/1 WIRE PAYMENT - RCMU CAISO 21,268.81 21,268.81 5/1 Workers Comp - City Account Transfer 206.30 206.30 5/1 Workers Comp - Fire Account Transfer 6,454.93 6,454.93 5/2 Bank Fee 114.15 114.15 5/2 U.S. BANK - Purchasing Card, Corporate Card and Costco Card Payment 131,131.06 22,713.73 153,844.79 5/2 Workers Comp - City Account Transfer 230.00 230.00 5/2 Workers Comp - Fire Account Transfer 814.66 814.66 5/3 Workers Comp - City Account Transfer 621.74 621.74 5/3 Workers Comp - Fire Account Transfer 1,616.01 1,616.01 5/4 STATE DISBURSEMENT UNIT - Child Support Payments 3,285.69 3,285.69 5/4 STATE DISBURSEMENT UNIT - Child Support Payments 1,221.75 1,221.75 5/5 CALPERS - Fire - Retirement Account Deposit 2,774.04 2,774.04 5/5 CALPERS - Fire - Retirement Account Deposit 3,277.09 3,277.09 5/5 CALPERS - Fire - Retirement Account Deposit 5,469.93 5,469.93 5/5 CALPERS - Fire - Retirement Account Deposit 10,644.29 10,644.29 5/5 CALPERS - Fire - Retirement Account Deposit 47,461.52 47,461.52 5/5 CALPERS - Fire - Retirement Account Deposit 90,249.79 90,249.79 5/8 CALPERS - City - Retirement Account Deposit 81,142.57 81,142.57 5/8 CALPERS - City - Retirement Account Deposit 100,141.77 100,141.77 5/8 Workers Comp - City Account Transfer 154.12 154.12 5/8 Workers Comp - Fire Account Transfer 45.00 45.00 5/9 Workers Comp - Fire Account Transfer 725.33 725.33 5/10 Workers Comp - Fire Account Transfer 3,079.42 3,079.42 5/11 Workers Comp - Fire Account Transfer 8,664.75 8,664.75 5/12 Workers Comp - Fire Account Transfer 394.54 394.54 5/15 Workers Comp - City Account Transfer 14.07 14.07 5/15 Workers Comp - Fire Account Transfer 6,920.88 6,920.88 5/16 Workers Comp - City Account Transfer 290.62 290.62 5/16 Workers Comp - Fire Account Transfer 569.47 569.47 5/17 Workers Comp - City Account Transfer 399.69 399.69 5/17 Workers Comp - Fire Account Transfer 3,412.35 3,412.35 5/18 CALPERS - Fire - Retirement Account Deposit 2,774.04 2,774.04 5/18 CALPERS - Fire - Retirement Account Deposit 3,116.64 3,116.64 5/18 CALPERS - Fire - Retirement Account Deposit 4,631.48 4,631.48 5/18 CALPERS - Fire - Retirement Account Deposit 10,644.29 10,644.29 5/18 CALPERS - Fire - Retirement Account Deposit 48,565.12 48,565.12 5/18 CALPERS - Fire - Retirement Account Deposit 90,249.79 90,249.79 5/18 STATE DISBURSEMENT UNIT - Child Support Payments 3,285.69 3,285.69 5/18 STATE DISBURSEMENT UNIT - Child Support Payments 1,221.75 1,221.75 5/18 Workers Comp - Fire Account Transfer 136.38 136.38 5/19 CALPERS - City - Retirement Account Deposit 85,016.43 85,016.43 5/19 CALPERS - City - Retirement Account Deposit 99,853.59 99,853.59 5/19 Workers Comp - City Account Transfer 151.93 151.93 5/19 Workers Comp - Fire Account Transfer 532.61 532.61 5/22 WIRE PAYMENT - RCMU CAISO 111,749.94 111,749.94 5/22 Workers Comp - City Account Transfer 146.75 146.75 5/23 WIRE PAYMENT - FIRE SEC 115 CONTRIBUTION 955,180.00 955,180.00 5/23 WIRE PAYMENT - CITY SEC 115 CONTRIBUTION 1,000,000.00 1,000,000.00 5/23 Workers Comp - City Account Transfer 312.85 312.85 5/23 Workers Comp - Fire Account Transfer 2,222.60 2,222.60 5/24 CALPERS - City - Retirement Account Deposit 3,900,000.00 3,900,000.00 5/24 CALPERS - Fire - Retirement Account Deposit 3,717,000.00 3,717,000.00 5/24 Workers Comp - Fire Account Transfer 849.18 849.18 5/25 CALPERS - Fire - Retirement Account Deposit 196,858.29 196,858.29 5/25 Workers Comp - City Account Transfer 2,248.28 2,248.28 5/26 WIRE PAYMENT - RCMU CAISO 4,277.25 4,277.25 5/26 Workers Comp - Fire Account Transfer 3,079.42 3,079.42 5/30 Workers Comp - City Account Transfer 1,207.65 1,207.65 5/30 Workers Comp - Fire Account Transfer 3,308.17 3,308.17 5/30 U.S. BANK - Purchasing Card, Corporate Card and Costco Card Payment 126,914.60 50,091.69 177,006.29 5/31 Workers Comp - City Account Transfer 1,391.09 1,391.09 5/31 Workers Comp - Fire Account Transfer 3,245.11 3,245.11 TOTAL CITY 5,671,428.76 TOTAL FIRE 5,314,343.92 GRAND TOTAL 10,985,772.68 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register MAY 1, 2023 TO MAY 31, 2023 1 Page 28 of 250 DATE:July 5, 2023 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Tamara L. Oatman, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $102.46 Dated June 12, 2023, Through June 25, 2023. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Weekly check register amounts are $0 (CITY) and $102.46 (FIRE) 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 29 of 250 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. AND CITY OF RANCHO CUCAMONGA 6/12/2023 through 6/25/2023 Check No.Check Date Vendor Name City Fire Amount AP 00435043 06/21/2023 SOCAL GAS 0.00 102.46 102.46 $0.00 $102.46 $102.46 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 09:11:55 06/26/2023Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 30 of 250 DATE:July 5, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer SUBJECT:Consideration of an Agreement with Omnitrans for the Operations and Maintenance of West Valley Connector Bus Rapid Transit Project and Authorization of the City Manager to Execute Amendments to the Agreement. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the attached agreement with Omnitrans for the Operations and Maintenance of West Valley Connector Bus Rapid Transit Project; 2. Authorize the Mayor to sign the agreement; and 3. Authorize the City Manager to execute amendments to the Agreement as needed from time-to-time to implement the Project and on-going maintenance requirements under the agreement. BACKGROUND: The West Valley Connector Bus Rapid Transit Improvement Project (West Valley Connector) is the second of ten planned bus rapid transit (BRT) lines laid out by Omnitrans in its 2010 System- wide Transit Corridor Plan for the San Bernardino Valley. This project will serve the Cities of Pomona, Montclair, Ontario, Rancho Cucamonga, and Fontana (see Figure 1 below). The County's first BRT line, the Green Line, runs along E Street in the Cities of San Bernardino and Loma Linda and began operations in 2014. Due to local funding constraints the project has been split into two separate phases. Phase 1 is represented by the blue line in Figure 1 below and runs from the Pomona Transit Center to a terminus in Rancho Cucamonga serving major destinations including the Ontario International Airport (ONT), Ontario Mills, Cucamonga Station and the HART District, and Victoria Gardens along the way. A future Phase 2, shown in green, is planned to begin at ONT and generally run along Haven Avenue, Foothill Boulevard, and Sierra Avenue with a terminus in the City of Fontana. In the timeframe between the implementation of Phases 1 and 2, San Bernardino County Transportation Authority (SBCTA) and Omnitrans have agreed to increase local transit frequency to 15 minute peak and 30 minute off- peak service along Haven Avenue (existing Route 81) to better serve mixed use developments anticipated to be constructed in the area. Page 31 of 250 Page 2 1 7 3 5 SBCTA is developing Phase 1 of the West Valley Connector on behalf of Omnitrans under a separate agreement between the two agencies. In October 2020, the City Council approved a Cooperative Agreement (CO2020-150) with SBCTA—which became effective on January 28, 2021—governing the design, right-of-way, and construction phases of the project. The Cooperative Agreement includes a term for the negotiation and execution of a maintenance agreement between the City and Omnitrans to govern the post-construction operations and maintenance of the line and stations within the city. Design for Phase 1 is nearing completion and SBCTA staff anticipates beginning construction in September 2023 with completion expected by the end of 2025. Figure 1 - West Valley Connector Route Map ANALYSIS: As mentioned above, the Cooperative Agreement with SBCTA for the West Valley Connector Project anticipated the establishment of a maintenance and operations agreement between the City and Omnitrans to outline the roles and responsibilities for post-construction operation of the new BRT line. The attached agreement is submitted for the City Council’s consideration and lays out the proposed division of responsibilities. In general, responsibility for maintenance and operation of the newly constructed or reconfigured improvements directly related to the stations being constructed within the city at Cucamonga Station, Foothill Boulevard and Milliken Avenue, Foothill Boulevard and Rochester Avenue, and Day Creek Boulevard and North Mainstreet will lie with Omnitrans. These improvements include station signage and messaging systems, station canopies and shelters (where newly installed as part of the project), station amenities, and transit signal priority systems. The City will continue to be responsible for maintenance of standard street improvements at the stations such as street lighting, pavement, signing and striping, sidewalks, and traffic signals in their final reconfigured condition as shown on the project’s approved plans. A complete list of improvements and maintenance responsibilities is provided in the attached agreement. FISCAL IMPACT: Operations and maintenance responsibilities for the City under the attached agreement will remain similar to what is currently being provided by the City at each of the station locations. Additional coordination will be required between Omnitrans, SBCTA, and the Engineering Services and Public Works Services Departments to coordinate the transit signal priority system, however, the impact on City operations is anticipated to be minimal. Page 32 of 250 Page 3 1 7 3 5 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item aligns with the City Council' s vision to build on the City's success as a world class community by furthering an equitable, sustainable, and vibrant city through continued collaboration with SBCTA to develop high- quality transit to serve the City' s residents and businesses. ATTACHMENTS: Attachment 1 - WVC Maintenance Agreement Page 33 of 250 AGREEMENT BETWEEN OMNITRANS AND CITY OF RANCHO CUCAMONGA FOR THE OPERATIONS AND MAINTENANCE OF WEST VALLEY CONNECTOR BUS RAPID TRANSIT PROJECT This AGREEMENT FOR THE OPERATIONS AND MAINTENANCE OF THE WEST VALLEY CONNECTOR BUS RAPID TRANSIT PROJECT (“Agreement”) by and between OMNITRANS, a joint powers authority duly organized and existing under Section 6500 et seq. of the Government Code, and the City of Rancho Cucamonga (“City”) is made and entered into as of ______________ (“Effective Date”). Omnitrans and City are sometimes individually referred to as a “Party” and collectively as the “Parties.” RECITALS A. The San Bernardino County Transportation Authority (“SBCTA”) is in the process of completing work to implement the West Valley Connector (“WVC”) Project, as described in Exhibit A, to deliver Bus Rapid Transit (“BRT”) operated by Omnitrans and serving the City (“Project”). B. Omnitrans entered into a Cooperative Agreement with SBCTA dated December 14, 2017, that establishes Omnitrans’ satisfactory continuing control over Project Property as that term is defined herein. C. City entered into a Cooperative Agreement No. 20-1002423 with SBCTA dated January 28, 2021, that describes their mutual responsibilities to develop the Project, and in that Cooperative Agreement, City committed to enter into an agreement with Omnitrans to set forth the mutual commitments to operate and maintain certain facilities and improvements installed as part of the Project. D. The Parties now wish to enter into an operations and maintenance agreement as required by the Cooperative Agreement to establish their respective rights and obligations in connection with the ongoing operations and maintenance of the Project Property. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Definitions Capitalized terms not otherwise defined in this Agreement will have the following meanings: “City Right-of-Way” means all real property and associated personal property, fixtures, and facilities, including existing streets, that are either owned by the City in fee or under the exclusive operation of the City pursuant to an easement for public right-of-way. “Incidental Use” means the limited authorized non-transit use of Project Property so long as it is compatible with the approved purposes of the Project and does not interfere with the public transportation uses of the Project Property. An acceptable incidental use does not affect a property's transit capacity or use. ATTACHMENT 1 Page 34 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 2 “Project Property” means all improvements including equipment and structures installed as part of the Project and the real property rights acquired for the Project, including without limitation all Stations. “Satisfactory Continuing Control” means the legal assurance that Omnitrans will maintain continuing control of the use of its Project Property as satisfactory to FTA, which is defined as the legal assurance that Project property will remain available to be used for its originally authorized purpose throughout its useful life or until disposition, as set forth in the FTA Master Agreement v29, Section 19(b(1). “SBCTA” means the San Bernardino County Transportation Authority. “Stations” or “Station Areas” means the improvements to be installed within the City Right-of-Way as described in the City-approved design plans and specifications and as generally depicted in Exhibit B, Depiction of Station Areas. “TSP” means transit signal priority, which is a system in which equipment on the transit vehicle requests permission to proceed through the intersection according to certain programmed parameters, by communicating with equipment in the traffic signal control cabinet that grants the authority for the vehicle to proceed by controlling the traffic signal according to certain programmed parameters. The purpose of TSP is to ensure delivery of bus rapid transit service with quicker, consistent run times as anticipated for this Project. 2. Use and Control of Project Property 2.1. General Omnitrans shall have the right to exercise Satisfactory Continuing Control over the Project Property in accordance with the requirements and grant conditions of the Federal Transit Administration (FTA) in accordance with the terms of this Agreement. 2.2. Period of Control Omnitrans’ right to exercise control over the Project Property shall continue as long as the Project Property is needed in the judgment of Omnitrans for the appropriate Project purposes for the duration of the useful life of the Project Property, as required by the FTA, and for such time period as is necessary to dispose of the Project Property under FTA requirements and procedures. Notwithstanding the foregoing, Omnitrans shall promptly remove Project Property from the City Right-of-Way if at any time such Project Property has no planned use. Following removal of the Project Property, future use of the City Right-of-Way by Omnitrans shall comply with applicable state and City laws and regulations. 2.3. Use The Parties agree to use the Project Property for appropriate Project purposes to support public transportation activities. Each Party agrees to notify the other no less than 30 days prior to removal of any Project Property from Project use, including disposition of Project Property or change in the use of the Project Property pursuant to the requirements of Paragraph 2.2 above. 2.4. Maintenance City agrees to maintain the Project Property identified in, and in accordance with, the terms of Section 4, and Omnitrans agrees to maintain the Project Property identified in, and in accordance with, the terms of Section Page 35 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 3 3. The Parties agree that the performance of this Agreement will ensure that the entirety of the Project Property within the City boundary will be maintained in good operating order, in compliance with applicable local, state and federal laws and regulations, in accordance with applicable Federal directives and the FTA Master Agreement, except to the extent that FTA determines otherwise in writing. 2.5. Records The Parties agree to keep records consistent with Section 7.4 of this Agreement demonstrating that the Project Property continues to be maintained in good working order, and to submit to the other Party upon request such available information as may be required by the FTA to assure compliance with FTA’s Master Agreement or to verify compliance with this Agreement. 2.6. Incidental Use Any Incidental Use of Project Property by a Party will not exceed that permitted under applicable Federal laws or regulations in accordance with applicable Federal directives. Any Incidental Use must be approved by Omnitrans in writing in advance. 2.7. Transfer or Lease of Property City shall not transfer any obligation pertaining to the Project Property that would affect Omnitrans’ continuing interest in the Project Property, nor impair such interest without the prior written consent of Omnitrans. Any transfer or lease must be approved in writing, in advance, by Omnitrans and such approval shall not be unreasonably withheld. Omnitrans shall not transfer any obligation pertaining to the Project Property that would affect City’s interest or operation of City Rights-of-Way without the prior written consent of City. 3. Obligations of Omnitrans 3.1. Maintenance of Station Areas Omnitrans shall be responsible for the repair, maintenance and operation of Project Property within each Station Area and new structures and equipment located in the Station Area, as depicted in Exhibit B, including Project Station amenities such as the digital kiosk and related pylon, emergency telephone, and equipment pad, identified as the responsibility of Omnitrans in the “Maintenance Responsibility Checklist for Project Property Installed as Part of this Project”, Exhibit C. At each Station Area, Omnitrans shall dispose trash approximately daily and clean/power wash the Station approximately weekly. Omnitrans shall remove graffiti or repair or replace damaged Project Property within typically twenty-four (24) hours of discovery or notification by the City. Major damage to Project Station amenities may take longer to repair than the timeframes set out in this section; however, Omnitrans will ensure the Station Area is safe and will complete the repair as soon as practicable. 3.2. Security Systems As part of the Project, Omnitrans will install, operate, and maintain a security system at the Stations. The security system shall include surveillance cameras and emergency telephones. Omnitrans will allow designated officials at the San Bernardino County Sheriff’s Department, Rancho Cucamonga Station, to access video recordings and other product of the security system. However, Omnitrans shall be the custodian of record for all such recordings or security system products. Page 36 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 4 3.3. System Service Omnitrans may modify or adjust schedules of Project transit bus service as necessary to provide optimal, efficient, and cost-effective service to its patrons within the parameters of the Project purpose as summarized in Exhibit A. Omnitrans shall notify the City with as much advance notice as possible before making material changes to bus rapid transit service outside of the Project purpose. 4. Obligations of the City 4.1. Grant of Access to Right-of-Way, Station Location City hereby grants to Omnitrans a non-exclusive license to use Station Areas within City Right-of-Way for purposes of providing transit service, as well as access to transit service by transit users. Such right of use shall also include, but not be limited to, use of Project Stations. 4.2. Landscaping and Irrigation If applicable, City shall either (1) repair and maintain at its sole cost and expense or (2) ensure that the private property owner maintains, any new landscaping installed as part of the Project and located on City-owned property or within City Right-of-Way, provided that the new landscaping was installed pursuant to the City-approved landscape plan for the Project and identified as a City maintenance obligation in the landscape plan. City shall be solely responsible for all costs associated with the repair and maintenance of all such landscaping and irrigation, including but not limited to, payment of water usage charges, electrical charges and landscaping servicing fees. 4.3. Dedicated Right-of-Way City shall repair and maintain, at its sole cost and expense, all elements installed as part of the Project and located within City streets and City right-of-way as described in Exhibit C. City shall maintain, as part of the right-of-way, curbs, sidewalks, and medians adjoining the Station Areas. 4.4. Lighting in Public Right of Way City shall operate, repair, and maintain all standard City street lighting installed or relocated as part of the Project, pursuant to Exhibit C. City shall be solely responsible for all costs associated with the maintenance of standard City street lighting, including but not limited to, payment of all electrical usage charges. Maintenance of lighting related directly to station operations or attached to Omnitrans maintained equipment and signage shall be the responsibility of Omnitrans. 4.5. Signage in Public Right of Way City shall repair and maintain all City signage located on, upon, inside or within City-owned property or any City right-of-way along the Project Property installed as part of the City-approved plans and specifications with the exception of bus stop, station identification, and station guide signs specifically related to the operation of Omnitrans’ transit service, as described in Exhibit C. City will be solely responsible for all costs associated with the repair and maintenance of said signage. 4.6. Police Services Page 37 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 5 The Parties acknowledge that the areas in which the Stations are located is patrolled by the San Bernardino County Sheriff’s Department, which provides patrol and police services for the Stations in the same manner as provided for other transportation facilities citywide and as directed by the Sheriff’s Department. City will reasonably cooperate with Omnitrans in a manner consistent with City’s procedures and applicable law concerning ongoing security related issues including accessing surveillance video and coordinating with Omnitrans security services. 5. Transit Signal Priority 5.1. On-Vehicle Equipment Omnitrans will own, operate, repair, maintain and replace, if necessary, at its cost, all TSP equipment installed on Omnitrans-owned buses as part of the Project. 5.2. Traffic Signal City will own, operate, repair, maintain and replace, if necessary, all traffic control signals located at City Right-of- Way intersections or crossings along the Project. City will be solely responsible for all costs associated with the operation, repair, and maintenance of traffic control signals, and will be responsible for payment of all electrical usage charges for the traffic control signal and the TSP equipment located inside the signal cabinet. 5.3. TSP Equipment in Traffic Signal The vendor selected to provide the TSP system for the Project (“TSP Vendor”) by SBCTA will install the equipment into the City’s traffic control signal cabinet, traffic signal pole, mast arm and cables, and thereafter the TSP Vendor, Omnitrans or its contractor will maintain that TSP equipment. Omnitrans will determine whether and how to repair, maintain or replace, if necessary, the TSP equipment installed in the traffic control signal. If Omnitrans determines that the TSP equipment must be replaced, the City will have an opportunity to review and comment on the design and specifications of the new equipment. If either Party determines that the TSP system is adversely and materially impacting traffic signal or traffic operations on City Rights-of-Way, prior to disconnection or discontinuance of all or part of the TSP, the Party will provide written notice to the other Party (including an explanation of the circumstances). Upon receipt of such written notice, both Parties will work cooperatively to agree upon a mutually satisfactory resolution that satisfies the Project purpose, subject to Section 5.5. However, if in the determination of the City Engineer (or delegate) or a law enforcement official acting on behalf of the City, the operation poses a safety hazard or unreasonably interrupts the flow of traffic, the requirement for prior written notice shall be waived and the City shall provide written notice as soon as practicable. City will allow the TSP Vendor, Omnitrans or its contractor access to the traffic control signal in order to install, inspect, operate, maintain, repair or replace the TSP equipment in the traffic control signal. All technicians or workers accessing, modifying, or maintaining TSP equipment shall provide evidence of current certification as a Level III Traffic Signal Technician by IMSA prior to being provided access to traffic signal equipment. City may impose reasonable conditions for access to the traffic control signal, such as providing reasonable advance notice; having an inspector present; and requiring proof of insurance. Omnitrans shall promptly repair any damage to City right-of-way (including real or personal property) caused by the operation and maintenance of the TSP system by the TSP Vendor, Omnitrans, or its contractors. Page 38 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 6 5.4. Start-Up and Commissioning Omnitrans and City agree to reasonably cooperate with SBCTA and its contractor to complete the start-up, testing and acceptance of the TSP system, to coordinate programming of the TSP system and to make any adjustments to the TSP system, including but not limited to adjustment of preemption parameters, to ensure delivery of bus rapid transit service as anticipated for this Project. If the TSP system is operating in accordance with the City- approved design plans, the City Engineer (or delegate) shall accept the TSP system. Such acceptance shall not be unreasonably withheld. 5.5. Updating Signal Parameters and Performance Monitoring Omnitrans and City agree that the purpose of TSP is to ensure delivery of bus rapid transit service with quicker, consistent run times as anticipated for this Project; to that end, Omnitrans intends to monitor the overall end-to-end run time of the transit service. The Parties will reasonably cooperate with each other to (1) develop a mutually agreeable method of capturing, sharing and reviewing data collected by the TSP system, (2) conduct periodic performance monitoring of the TSP system, and (3) adjust preemption parameters as necessary to ensure delivery of bus rapid transit service as anticipated for this Project. The TSP Vendor will provide regular inspection and audits of the TSP equipment, and City will allow the TSP Vendor access to the traffic control signal cabinet in accordance with the requirements of Paragraph 5.3 above, if necessary, in order to complete these audits. Except as provided for within this agreement, neither Party will make any changes to the TSP system that may affect the traffic control signal without both Parties first agreeing on such change in advance in writing. City will promptly notify Omnitrans of any changes to any intersection along the corridor that may impact traffic or transit service run times. The notification process pertaining to this Section 5.5 shall follow Section 15.1 herein, however, the City hereby delegates receipt of notices pertaining to this Section 5.5 to the City Engineer. 6. Mutual Indemnification To the furthest extent permitted by law, City shall defend, indemnify and hold Omnitrans, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, ,including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses, to the extent that they are arise out of, pertain to, or are incident to (1) the negligence, recklessness or willful misconduct of City, its officials, officers, employees, subcontractors, consultants or agents in the performance of the Project or this Agreement, or (2) City’s breach of this Agreement. City's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City, Omnitrans, or their respective officials, officers, employees, agents, or volunteers. To the furthest extent permitted by law, Omnitrans shall defend, indemnify and hold City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, ,including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses, to the extent that they are arise out of, pertain to, or are incident to (1) the negligence, recklessness or willful misconduct of Omnitrans, its officials, officers, employees, subcontractors, consultants or agents in the performance of the Project or this Agreement, or (2) Omnitrans’ breach of this Agreement. Omnitrans’ obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Omnitrans, City, or their respective officials, officers, employees, agents, or volunteers. Page 39 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 7 7. Audit and Inspection of Records 7.1.The Parties agree that their respective records, which shall include, but not be limited to, Project files, accounting records, written policies and procedures, public bid documents, engineering and construction contracts, consultant contracts and payment history, contract files (including plans and specifications), original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence relied upon to substantiate charges related to the Project (collectively referred to as the “Records”), shall be open to inspection and subject to audit and reproduction by each other Party’s auditors or other authorized representatives at all reasonable times following forty-eight (48) hour prior written notice to the audited party, in order for the other Party to enforce their rights under this Agreement and permit evaluation of expended costs. The cost of said audit shall be at the expense of the Party requesting the audit. 7.2.Each Party, through any of its duly authorized representatives, upon providing at least forty-eight (48) hours prior written notice, shall be afforded access to all Records of the other Party related to the Project during normal business hours, subject to reasonable limitations, throughout the term of this Agreement and for three (3) years thereafter, or for any longer period required by law. 7.3.To the furthest extent permitted by law, information contained in the Records or other matters discovered during such audits or inspections shall not be disclosed to third parties except as reasonably necessary to enforce (1) this Agreement or (2) the Parties respective rights and obligations whether relating to this Agreement, the California Public Records Act, or otherwise. 7.4.All Records pertaining to the Project must be retained by the Parties in accordance with each Party’s retention policy and applicable law. The City will provide any and all available records or information to Omnitrans in a timely manner as needed to fulfill FTA reporting and compliance requirements. 8. Exhibits The following exhibits are hereby incorporated into and made a part of this Agreement wherever referred to as though set forth at length, except where certain portions of specific exhibits have been deleted or superseded by sections of this Agreement: Exhibit “A” Project Description Exhibit “B” Depiction of Station Area Exhibit “C” Checklist of Maintenance Responsibilities 9. Dispute Resolution 9.1. Negotiation In the event of a dispute, claim or controversy arising from or in relation to this Agreement, the Parties agree to undertake good-faith attempts to resolve said dispute, claim or controversy within seven (7) calendar days after the receipt of written notice from the Party alleging that a minor dispute, claim or controversy exists. The Parties additionally agree to cooperate with the other Party in scheduling negotiation sessions. However, if said matter is not resolved within 30 calendar days after conducting the first negotiation session, either Party may then request Page 40 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 8 that the matter be submitted for mediation pursuant to Section 9.2 below. 9.2. Mediation If either Party, in accordance with Section 9.1 above, requests that an unresolved dispute, claim or controversy be submitted to mediation, the Parties agree to undertake good-faith efforts to settle the dispute through non-binding mediation administered by JAMS pursuant to its Comprehensive Mediation Rules and Procedures. 9.3. Legal Action Compliance with the provisions of this section shall be a condition precedent to any legal action, provided that nothing herein shall limit the Parties’ right to terminate this Agreement pursuant to the other terms of this Agreement. 9.4. Fees and Costs The parties agree to share the fees of the mediator, and all costs associated with mediation; provided, however, each Party shall be responsible for its own legal costs, including attorneys’ fees and the costs associated with experts. 10. Default and Termination 10.1. Notice of Default Failure or delay by either Party to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct or remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying such default and thereafter diligently undertakes efforts to complete such cure, correction or remedy, such Party shall not be deemed to be in default hereunder for such time and if the default is cured. The Party claiming that a default has occurred shall give written notice of default to the defaulting Party, specifying the deficiencies causing the alleged default. Delay in giving such written notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the non-defaulting Party shall have no right to exercise any remedy for a default hereunder without first delivering the written default notice as specified herein. 10.2.Failure to Cure In the event that the defaulting Party fails to commence to cure, correct or remedy a default within thirty (30) calendar days following receipt of written notice, or thereafter fails to diligently complete such cure, correction or remedy, a breach of this Agreement shall be deemed to have occurred. In the event of a breach, the non- defaulting Party may terminate this Agreement through a written notice of termination. Disputes regarding the facts that may have given rise to termination under this section shall be subject to the dispute resolution provisions provided above, but the right to terminate for such reason shall not be subject to review. 10.3.Changed Conditions In the event that either Party to this Agreement, despite its best efforts, cannot, for reasons beyond the control of the Party, timely satisfy a contingency or condition required by this Agreement, that Party shall provide immediate written notification to the other Party within seven (7) calendar days after the occurrence of the Page 41 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 9 event specifying the reasons for which the requirements cannot be met. As soon as practically possible thereafter, the Parties shall meet and confer in good faith to consider the changed conditions and the potentially adverse impacts upon this Agreement. Both Parties shall work in good faith to resolve the problem and if this meet-and-confer process results in a recommended restructured form of this Agreement, representatives of both Parties will recommend such changes as necessary to the individual, Party or governing body authorized to amend this Agreement. Any approval of such restructured Agreement shall be subject to the amendment provisions provided below. 10.4. Disposition of Assets upon Expiration or Termination of Agreement In the event that this Agreement expires or is terminated by either Party and the Project Property is no longer needed for the Project purpose, then Omnitrans shall remove all Project Property from City Right- of-Way at Omnitrans’ sole expense within a reasonable period of time following such expiration or termination, but in no case more than six (6) months following such date, unless the Parties mutually agree in writing to an alternative arrangement. 11. Force Majeure In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default, or considered to be a default, where delays or defaults are due to the force majeure events of war, insurrection, strikes, lockouts, riots, pandemics, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes or lack of transportation, weather-caused delays, inability to secure necessary labor, materials or tools, delays of any contractors, subcontractor or supplier, which are not attributable to the fault of the Party claiming an extension of time to prepare or acts or failure to act of any public or governmental agency or entity not a Party to this Agreement. Delays encountered by either Party in obtaining governmental actions, reviews, approvals, and permits shall not be deemed to be an enforced delay or a force majeure event pursuant to this Section. An extension of time for any such force majeure event shall be for the period of the enforced delay and shall commence to run from the date of occurrence of the delay; provided, however, that the Party that claims the existence of the delay has first provided the other Party with written notice of the occurrence of the delay within seven (7) calendar days after the commencement of such occurrence or delay. A Party’s failure to timely or adequately submit such notice of the occurrence of the delay pursuant to this Section is an absolute waiver and release of that Party’s right to prosecute or otherwise assert such delay in the future by means of litigation, arbitration, mediation, government claims, or otherwise. 12. Attorneys’ Fees Except as otherwise expressly provided herein or by applicable law, each Party shall bear its own costs and fees in connection with any action or proceeding that arises out of or relates to this Agreement. 13. Laws and Regulations Each Party shall keep itself fully informed of and satisfy its obligations pursuant to this Agreement in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of this Agreement or any work related to the Project, including all Cal/OSHA requirements, and shall give all notices required by law. If applicable, all landscape maintenance, irrigation and pressure washing of Project Property by either the City or Omnitrans will be completed in compliance with stormwater management best practices under the existing Storm Water Pollution Prevention Plans and permits in accordance with Page 42 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 10 California's General Permit for Storm Water Discharges Associated with Industrial Activities. 14. Approvals Approvals required of Omnitrans or the City, or any officers, agents, or employees of either Party, shall not be unreasonably withheld and approval or disapproval shall be given within a reasonable time. 15. Miscellaneous Terms 15.1. Notices, Demands and Communications Between the Parties 15.1.1.Notices, demands, and communications between Omnitrans and City shall be deemed sufficiently given if: (i) dispatched by registered or certified mail or delivery service with tracking; or (ii) personal delivery with signature or receipt; or (iii) by electronic transmittal (e-mail), with receipt. Such written notices, demands, and communications may be sent in the same manner to such other addresses as either Party may from time to time designate by written notice to the other Party. 15.1.2.All notices, demands and communications shall be sent, as follows: City of Rancho Cucamonga Attn: John Gillison, City Manager 10500 Civic Center Drive Rancho Cucamonga, CA 91730 John.Gillison@CityofRC.us (with a copy to Jason.Welday@CityofRC.us) Omnitrans Attn: Erin Rogers, CEO/General Manager 1700 W. Fifth St. San Bernardino CA 92411 erin.rogers@omnitrans.org (with a copy to Araceli.barajas@omnitrans.org) 15.2. Amendment This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties. 15.3. Further Actions and Instruments Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. 15.4. Counterparts This Agreement may be signed in counterparts, each of which shall constitute an original. 15.5. Time is of the Essence Page 43 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 11 For each provision of this Agreement which states a specific amount of time within which the requirements thereof are to be satisfied, time shall be deemed of the essence. For each provision of this Agreement which does not state a specific amount of time within which the requirements thereof are to be satisfied, such requirements are to be satisfied within a reasonable time and such time shall be deemed of the essence. 15.6. Third Party Beneficiaries This Agreement and the performance of Omnitrans’ and the City’s obligations hereunder are for the sole and exclusive benefit of Omnitrans and City. No person or entity who or which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against either Omnitrans or City hereunder resulting from Omnitrans’ or City performance or nonperformance of their respective obligations under this Agreement. 15.7. Governing Law This Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. This Agreement shall be deemed to have been made in the County of San Bernardino, California, regardless of the order of the signatures of the Parties affixed hereto. Any litigation or other legal proceedings which arise under or in connection with this Agreement shall be conducted in a federal or state court located within or for San Bernardino County, California. The Parties consent to the personal jurisdiction and venue in federal or state court located within or for the County of San Bernardino, California and hereby waive any defenses or objections thereto including defenses based on the doctrine of forum non conveniens. 15.8. Construction; References; Captions Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 15.9. Waiver No delay or omission in the exercise of any right or remedy of a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Either Parties’ consent or approval of any act by the other Party requiring its consent or approval shall not be deemed to waive or render unnecessary its consent to or approval of any subsequent act of the other Party. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 15.10. Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. All warranties and promises to indemnify shall survive the termination, abandonment, or completion of this Agreement. Page 44 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 12 15.11. Legal Counsel Each Party acknowledges that: (i) it has read this Agreement; (ii) it has had the opportunity to have this Agreement explained to it by legal counsel of its choice; (iii) it is aware of the content and legal effect of this Agreement; and (iv) it is not relying on any representations made by the other Party or any of the employees, agents, representatives, or attorneys of the other Party, except as expressly set forth in this Agreement. 15.12. Severability In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 15.13. Binding Effect The terms of this Agreement shall inure to the benefit of, and shall be binding upon, each of the Parties and their respective successors and assigns. 15.14. Authorized Representatives The person or persons executing this Agreement on behalf Omnitrans and the City warrants and represents that he/she has the authority to execute this Agreement on behalf of that Party and that he/she has the authority to bind that Party to the performance of its obligations hereunder. 15.15. Entire Agreement This Agreement constitutes the entire and integrated agreement of Omnitrans and City with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or written negotiations, representations or agreements. 15.16. Term of Agreement This Agreement shall continue in full force and effect until the Parties mutually agree in writing to an expiration date. [SIGNATURES ON THE FOLLOWING PAGE] Page 45 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 13 IN WITNESS WHEREOF, this Agreement has been executed by the Parties hereto as of the day and year first written above. OMNITRANS By: ________________________ Name: ________________________ Title: ________________________ Date: ________________________ CITY OF RANCHO CUCAMONGA By: ________________________ Name: L. Dennis Michael Title: Mayor Date: ________________________ APPROVED AS TO FORM: By: ________________________ Name: ________________________ Title: ________________________ Date: ________________________ APPROVED AS TO FORM: By: ________________________ Name: Nicholas R. Ghirelli Title: City Attorney Date: ________________________ Page 46 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 14 EXHIBIT A PROJECT DESCRIPTION The San Bernardino County Transportation Authority (SBCTA), in cooperation with the cities of Pomona, Montclair, Ontario, and Rancho Cucamonga, and Omnitrans, is constructing Phase 1 of the West Valley Connector BRT Project (“Project”). The Project is a 19-mile corridor from downtown Pomona to Victoria Gardens in Rancho Cucamonga located primarily along Holt Avenue/Boulevard and Foothill Boulevard in the counties of Los Angeles and San Bernardino, California. The Project proposes limited stops, providing speed and quality improvements to the public transit system within the corridor. The Project includes approximately 3.5 miles of dedicated BRT lanes with center-running stations on Holt Boulevard in Ontario. In addition, Transit Signal Priority (TSP) are included. The BRT system will be operated by Omnitrans. It is expected that the WVC BRT Phase 1 alignment will operate approximately 10-minute peak and 15-minute off-peak service for 14 hours per day, Monday through Friday, to provide high frequency service to achieve the Project purpose. Project Alignment In Pomona, the alignment starts from the Pomona Transit Center/Metrolink station (with a layover), along Holt Avenue and into the City of Montclair. The alignment runs through the entire City limits of Montclair along Holt Boulevard. In Ontario, the alignment continues on Holt Boulevard and then turns onto Vineyard Avenue and into Ontario International Airport (loop through Terminal Way), stopping at both terminals. From the airport, it heads north on Archibald Avenue to Inland Empire Boulevard and turns right to go east on Inland Empire Boulevard. On Inland Empire Boulevard, the alignment goes straight into Ontario Mills (loop through Mills Circle), and then heads north on Milliken Avenue into the City of Rancho Cucamonga. In Rancho Cucamonga, the alignment makes a loop into the Rancho Cucamonga Metrolink Station (Cucamonga Station) off Milliken Avenue and then continues up Milliken Avenue and turns east onto Foothill Boulevard. The alignment then turns north onto Day Creek Boulevard, and then terminates with a layover on Day Creek at Main Street at Victoria Gardens. The alignment makes a return route by continuing north on Day Creek Boulevard, turning west onto Church Street, then south onto Rochester Avenue, and then west back onto Foothill Boulevard, then down Milliken Avenue. Page 47 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 15 Project Stations The BRT stations are located at 22 locations/major intersections and include five center platform stations, denoted below with an “*”. City Stations Pomona Pomona Regional Transit Center Station Holt Ave/Garey Ave Holt Ave/Towne Ave Holt Ave/Clark Ave Holt Ave/Indian Hill Blvd Montclair Holt Blvd/Ramona Ave Holt Blvd/Central Ave Ontario Holt Blvd/Mountain Ave* Holt Blvd/San Antonio Ave* Holt Blvd/Euclid Ave* Holt Blvd/Campus Ave* Holt Blvd/Grove Ave* Holt Blvd/Vineyard Ave Ontario International Airport (Two stations) Inland Empire Blvd/Archibald Way Inland Empire Blvd/Porsche Way Ontario Mills Ranch Cucamonga Rancho Cucamonga Metrolink Station (Cucamonga Station) Page 48 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 16 Foothill Blvd/Milliken Ave Foothill Blvd/Rochester Ave Victoria Gardens between North Mainstreet and South Mainstreet Project Fleet and Maintenance Facilities The Project’s fleet is comprised of 40-foot-long electric battery powered zero emission buses with sbX branding. The buses have a third door on the left side for boarding at center station platforms. On-route charging infrastructure will be constructed at Pomona Transit Center. Overhead charging infrastructure will also be constructed at Omnitrans’ West Valley maintenance facility in Montclair. Page 49 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 17 EXHIBIT B (B-1, B-2, B-3) DEPICTION OF STATION AREAS (Pages to follow) Page 50 of 250 610+009 12MILLIKEN AVEFOOTHILL BLVD 73' 5' 06030 SCALE: 1"=30' W EST VALLEY CONNECTOR PROJECT LEGEND: 60 BY OMNITRANS TO BE MAINTAINED EQUIPMENT PAD BY OMNITRANS TO BE MAINTAINED EMERGENCY CALL STATION PROTECT IN PLACE EXIST LOCAL BUS STOP E A SE ME N T S ID E WA L K BY OMNITRANS TO BE MAINTAINED EQUIPMENT PAD BY OMNITRANS TO BE MAINTAINED EMERGENCY CALL STATION PROTECT IN PLACE EXIST LOCAL BUS STOP BY OMNITRANS TO BE MAINTAINED DIGITAL KIOSK BY OMNITRANS TO BE MAINTAINED DIGITAL KIOSK BY OMNITRANS TO BE MAINTAINED PYLON BY OMNITRANS TO BE MAINTAINED PYLON MAINTAIN OMNITRANS TO OPERATE & NEW STATION AMENITIES - TO OPERATE & MAINTAIN CITY RIGHT OF WAY - CITY MILLIKEN & FOOTHILL STATION EXHIBIT B-1 Page 51 of 250 640+009 1 2 3FOOTHILL BLVD 24.5' 75.5'9.5'0 606030 SCALE: 1"=30' WEST VALLEY CONNECTOR PROJECT LEGEND:ROCHESTER AVEBY OMNITRANS TO BE MAINTAINED PYLON BY OMNITRANS TO BE MAINTAINED EMERGENCY CALL STATION BY OMNITRANS TO BE MAINTAINED DIGITAL KIOSK BY OMNITRANS TO BE MAINTAINED EQUIPMENT PAD PROTECT IN PLACE EXIST LOCAL BUS STOP MAINTAIN OMNITRANS TO OPERATE & NEW STATION AMENITIES- TO OPERATE & MAINTAIN CITY RIGHT OF WAY - CITY FOOTHILL & ROCHESTER STATION EXHIBIT B-2 EASEMENT SIDEWALK BIKE RACK WASTE RECEPTACLE BUS PAD DIGITAL KIOSK PYLON BENCH ACCESSIBLE SEATING CANOPY EMERGENCY PHONE EQUIPMENT PAD Page 52 of 250 47+9047+904567DAY CREEK BLVD VICTORIA GARDENSSOUTH MAIN STREETNORTH MAIN STREET9'0 606030 SCALE: 1"=30' WEST VALLEY CONNECTOR PROJECT LEGEND: MAINTAIN - OMNITRANS TO OPERATE & NEW STATION AMENITIES TO OPERATE & MAINTAIN CITY RIGHT OF WAY - CITY (VICTORIA GARDENS) STATION DAY CREEK BLVD. & MAIN ST. EXHIBIT B-3 MAINTAINED BY OMNITRANS STATION AREA TO BE ~~ BENCH ACCESSIBLE SEATING CANOPY DIGITAL KIOSK PYLON BUS PAD EMERGENCY PHONE EQUIPMENT PAD TO BE MAINTAINED BY CITY PROPOSED RETAINING WALL Page 53 of 250 Agreement between Omnitrans and City of Rancho Cucamonga for Operations and Maintenance of West Valley Connector Project Page 18 EXHIBIT C - MAINTENANCE RESPONSIBILITY CHECKLIST FOR PROJECT PROPERTY INSTALLED AS PART OF THIS PROJECT Omnitrans City Station Area Platforms including pavers and concrete- NA ☐☐ Pylons ☒☐ Pylon for Digital Kiosk ☒☐ Digital Kiosks ☒☐ Signage ☒☐ Fencing ☒☐ Handrails ☒☐ Detectible Warning Strips ☒☐ New Canopies ☒☐ Cameras ☒☐ Public Address System ☒☐ Emergency Telephones ☒☐ Lighting at Stations ☒☐ Benches ☒☐ Trash Receptacles ☒☐ Bike Racks ☒☐ Planters ☒☐ Equipment boxes ☒☐ Cleaning/Pressure Washing ☒☐ Graffiti ☒☐ Curbs, ramps & vehicle pull-out areas within station ☒☐ Public Announcement System at Station ☒☐ Electrical cabinets & electrical usage fees for meter at station ☒☐ Electric chargers (Pomona Transit Center only) and electrical usage fees for meter ☒☐ Water Usage at Station [Irrigation and power washing.] ☒☐ Other station amenities or equipment in the station ☒☐ Transit Signal Priority (per traffic signal plans) Transit Signal Priority Equipment – on bus ☒☐ Transit Signal Priority mechanism – located inside traffic signal cabinet and as incorporated into the traffic signal system ☒☐ Traffic signal cabinet (except TSP related equipment)☐☒ Public Right of Way & City Property (Outside of Station Area) Street Lighting ☐☒ Electrical meters and usage fees (not related to Station operations)☐☒ Landscaping outside Station (if applicable) if not maintained by private property owner ☐☒ Paved surfaces ☐☒ Striping ☐☒ Permanent Pavement markers ☐☒ Curbs leading to and outside Station ☐☒ Sidewalks ☐☒ Medians ☐☒ Water Usage Outside the Station [Irrigation and power washing.] ☐☒ Page 54 of 250 DATE:July 5, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer Trina Valdez, Utilities Operations Supervisor SUBJECT:Consideration of an Appropriation in the Amount of $985,000 and Approval to Purchase Transformers, Switchgears and a Capacitor from Anixter Power Solutions in the Amount of $985,000. (CITY) RECOMMENDATION: Staff recommends the City Council: 1. Authorize an appropriation in the amount of $985,000 from the Municipal Utility Fund (Fund 705) for the purchase; and 2. Approve and authorize staff to purchase of twelve transformers, five switchgears and one capacitor from Anixter Power Solutions in the amount of $985,000. BACKGROUND: Transformers, switchgears, and capacitors are important and critical pieces of equipment that make up the Rancho Cucamonga Municipal Utility’s (RCMU) power distribution infrastructure. RCMU currently owns and maintains over 150 Howard Industries transformers and over 40 pad mounted switchgears. As RCMU’s service area expands and additional equipment is placed in the field, having the appropriate equipment available to provide electric load is important. ANALYSIS: The purchase of the equipment is needed to ensure that the following new developments have the necessary power equipment available and are utilizing RCMU’s current standards for new transformers, switchgears, and capacitors. 1. Harvest at Terra Vista – Located on Milliken Avenue, the first two phases of the project require nine (9) transformers and four (4) switchgears. 2. Rancho Cuvee – Located on Etiwanda Avenue, the project requires three (3) transformers, one (1) switchgear and one (1) capacitor. A quote was obtained from Anixter Power Solutions which is the local Southern California distributor for Howard Industries and General Electric (GE) power transformer products and staff determined the quote to be deemed as reasonable. FISCAL IMPACT: An appropriation in the amount of $985,000 from the Municipal Utility Fund (Fund 705) to Account Page 55 of 250 No. 1705303-5603 (Capital Outlay – Equipment) is required to fully fund the purchase. The cost of the transformer equipment will be reimbursed to RCMU by the developers of the projects. COUNCIL MISSION / VISION / VALUE(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 2 Page 56 of 250 DATE:July 5, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Robert Ball, Fire Marshal Darci Vogel, Fire Business Manager Michelle Cowles, Management Analyst II SUBJECT:Consideration of Amendment No. 005 to the Professional Services Agreement with Inland Empire Property Services, Incorporated, for Weed and Fire Hazard Abatement Services in the Amount of $10,000. (FIRE) RECOMMENDATION: Staff recommends the Fire Board approve Amendment No. 005 to Professional Services Agreement (PSA) FD 18-017 with Inland Empire Property Services, Inc. for weed and fire hazard abatement services in the amount of $10,000. BACKGROUND: A City ordinance and Fire District resolution, both approved August 4, 2010, empowered the Fire District to manage weed and fire hazard abatement for the City and assess various fees related to the Weed and Fire Hazard Abatement administration Program. Among the provisions in the ordinance is the ability of the District to contract with companies that provide weed and fire hazard abatement services. These contract services are needed when property owners do not respond to the District's notices to abate weed and fire hazards. When a property owner does not complete the required abatement, the Fire District engages the services of an approved contractor to provide the necessary abatement. The contractor bills the Fire District for the work that is completed. Upon satisfactory evidence that the work has been completed per the ordinance, the Fire District pays the contractor according to the terms of the Professional Services Agreement. The Fire District then bills the property owner for the cost of the abatement services plus an administrative fee that covers the cost of staff time necessary to arrange the abatement and handle the documentation necessary to verify the work and generate the billing. In the event the property owner does not pay the Fire District for costs incurred, the Fire District places the costs on the tax roll for payment with the next property tax assessment. Administering the Weed and Fire Hazard Abatement Program is cost-neutral because the payments made by the Fire District to the contractor are recovered in full either by the property owner paying the invoice prepared by the Fire District or having the invoice paid as a tax assessment. The staff time required to administer the Weed and Fire Hazard Abatement Program is fully recovered by the assessment of administrative fees approved by the Fire Board. The Fire Board recently adjusted these fees in December 2020 to align with the actual administrative costs of the program as determined by a fee study conducted by an independent third-party consultant. Page 57 of 250 Page 2 1 9 2 9 ANALYSIS: Although the number of vacant and undeveloped parcels has remained largely unchanged over the past several years, an increasing number of these parcels have required the services of the District’s weed and fire hazard abatement contractor because the owners have not been doing the work to the extent they have in the past. Additionally, the weather has a significant role in the need for and amount of abatement each year. In years when spring and summer precipitation is low, there are fewer parcels that need abatement in the fall. In years when winter rain is high, as was the case this year, the vegetation grows in very dense and tall. This requires additional work by the contractors to bring the parcels into compliance. The costs for weed abatement are somewhat predictable but are also impacted by several variables. From season to season it is sometimes necessary to increase funding for weed and fire hazard abatement services in order to pay the contractor for the additional work. FISCAL IMPACT: Amendment No. 005 to Inland Empire Property Services Contract No. FD18-017 increases the total annual contract amount from $130,000 to $140,000. Funding for weed and fire hazard abatement is budgeted in Fire Fund account 3281506-5300 (Fire Prevention / Contract Services) and there is sufficient funding available in the Fire Fund to cover the increased expense. Staff is requesting approval to increase the contract limit in order to cover final invoices for services provided during FY 2022-23. Due to the cost recovery structure of the Weed and Fire Hazard Abatement Program, the expended funds will be fully recovered from the owners of the properties on which abatement services are completed. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council's vision and core values by providing and nurturing a high quality of life, as well as promoting and enhancing a safe and healthy community for all. A robust weed and fire hazard abatement program improves the overall look of the City as weeds, and seasonal grasses are properly and regularly maintained. Quality of life, safety, and health are improved as well-maintained undeveloped parcels are less likely to catch fire and threaten nearby homes or extend into the wildland wilderness areas of the City. Fewer grass and brush fires mean less smoke in the air, which improves the health of the entire community. ATTACHMENTS: None. Page 58 of 250 DATE:July 5, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer Justine Garcia, Deputy Director of Engineering Services SUBJECT:Consideration of a Single Source Professional Services Agreement with All City Management Inc. for Crossing Guard Services at an Hourly Billing Rate of $29.84 and for a total Annual Amount not to Exceed $395,000 for Fiscal Year 2023/24 and Authorize the City Manager to Approve the Annual Hourly Billing Rate for the Remainder of the Contract Term. (CITY) RECOMMENDATION: Staff recommends the City Council: 1. Approve a Single Source Professional Services Agreement with All City Management Inc. for Crossing Guard Services at an hourly billing rate of $29.84 and for a total annual amount not to exceed $395,000 for Fiscal Year 2023/24. 2. Authorize the City Manager, or their designee, to approve the annual hourly billing rate for the remainder of the contract term. BACKGROUND: The City has operated a Crossing Guard Program for many years, staffing warranted locations across all four elementary & middle School Districts. The size of the program has fluctuated over the years coinciding with the City's school-age population and changing trends in students' mode of transportation to school, from a combination of school bus, walking, and biking to primarily being dropped off and picked up by parents or care givers. In fiscal Year 2022/23, twenty-three (23) locations were approved for crossing guard coverage within the City’s Crossing Guard Program. These locations were fully warranted for crossing guard services based on the most recent crossing guard study completed in Fall 2021 and Spring 2022. The City has contracted with All City Management Inc. (ACM) for the past decade and works with ACM staff each year to update locations and pricing for the City’s program. ACM is one of the very few qualified contractors able to provide this specialized service and is the primary contractor serving the southern California region. ANALYSIS: The City’s original contract with ACM has been extended multiple times with the final available amendment approved by City Council at the July 21, 2021 meeting. City Staff conducted an analysis of crossing guard services within the region, gathering information to compare both contracted vendor and pricing to understand the nature of who is available to provide crossing guard services and at what cost. Staff found that ACM is the primary vendor used throughout the region for Cities with varying program sizes, and that the rate quoted to the City of Rancho Page 59 of 250 Page 2 1 9 2 4 Cucamonga was competitive compared to these other agencies. Based on these findings, staff is recommending that the City award a single source contract to All City Management to continue to provide crossing guard services to the City of Rancho Cucamonga. The initial term of the new agreement is set at three (3) years, beginning in FY2023/24 and extending through FY2025/26, with the option to renew annually for four (4) additional years. Each year, locations will be determined based on annual warrant studies and the annual billing rate will be negotiated and agreed upon by both parties, approved by the City Manager and included in the annual budget approval process. Based on the annual warrant study completed in Fall 2022 and Spring 2023, the FY 2023/24 program will include twenty-one (21) locations approved for crossing guard coverage. FISCAL IMPACT: The Hourly Billing Rate for the first year of the contract term will be $29.84, with an annual amount not to exceed $395,000. Funds in the amount of $395,000 from the Traffic Safety Fund (Fund 018) have been included in the Fiscal Year 2023/24 Budget under Account No. 1018701-5300 (Contract Services) for crossing guard services. The Traffic Safety Fund receives a subsidy from the General Fund (Fund 001) to off-set a shortfall in citation revenues to cover the cost of this program. Depending on actual receipts into the Traffic Safety Fund during Fiscal Year 2023/24, an increased subsidy may be necessary to cover the recommended appropriation. Staff will monitor receipts and will address as part of the planned quarterly budget reviews if needed. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council's vision to build on our success as a world class community by continuing to provide a financially sustainable citywide Crossing Guard Program. ATTACHMENTS: Attachment 1 - Professional Services Agreement - All City Management Inc. FY2023-24 Attachment 2 – Single Source Justification Form Attachment 3 – Single Source Justification Memo Page 60 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 1 Last Revised: 05/22/14 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 5th day of July, 2023, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and All City Management Services Inc., a corporation (“Contractor”). RECITALS A.City has heretofore issued its request for proposals to perform the following services: Crossing Guard Services (“the Project”). B.Contractor has submitted a proposal to perform the services described in Recital “A”, above, necessary to complete the Project. C.City desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D.Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1.Contractor’s Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Contractor to perform all services described in Recitals “A” and “B” above, including, but not limited to staffing specified locations with trained adult crossing guards,, all as more fully set forth in the Contractor’s proposal, dated 5/31/23 and entitled “Scope of Work”, attached hereto as Exhibit “A”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City the Contractor will promptly meet with City staff to discuss any revisions to the Project desired by the City. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor’s compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten Attachment 1 Page 61 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 2 Last Revised: 05/22/14 percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “ ”. 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall be three (3) year(s) and shall become effective as of the date of the mutual execution by way of both parties signature (the “Effective Date”). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of four (4) years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. 3.1 Compensation. City shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $395,000 (three hundred ninety-five thousand dollarsJustine Garcia, Deputy Director of Engineering Services), including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall Page 62 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 3 Last Revised: 05/22/14 withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City representative shall be Justine Garcia, Deputy Director of Engineering Services, or such other person as designated in writing by the City (“City Representative”). It shall be Contractor’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Contractor Representative. For the purposes of this Agreement, David Mecusker, Marketing & Contracts Manager is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Contractor’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor’s Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Contractor’s Representative shall be responsible during the term of this Agreement for directing all activities of Contractor Page 63 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 4 Last Revised: 05/22/14 and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City. 6. Contractor’s Personnel. 6.1 All Services shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City’s Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees’ and subcontractors’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the benefit of the City. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, Page 64 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 5 Last Revised: 05/22/14 reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Contractor and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City’s reuse of the Work Product for any purpose other than the Project, shall be at City’s sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Contractor shall be deemed to grant and assign to City , and shall require all of its subcontractors to assign to City , all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against Page 65 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 6 Last Revised: 05/22/14 City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if Page 66 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 7 Last Revised: 05/22/14 such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, “Indemnitees”),free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, “Claims”), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the negligence or willful misconduct of any of the Indemnitees. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Page 67 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 8 Last Revised: 05/22/14 12. Insurance. 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’ Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement. Page 68 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 9 Last Revised: 05/22/14 12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be in excess of Contractor’s insurance and shall not contribute with it. (3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure Page 69 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 10 Last Revised: 05/22/14 such insurance at Contractor’s sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer’s right of subrogation against City, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub- Page 70 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 11 Last Revised: 05/22/14 subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City might require. City shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City exercises its right to terminate this Agreement, City shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City D ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: Justine Garcia Deputy Director of Engineering Services justine.garcia@cityofrc.us 909-774-2046 If to Contractor: David Mecusker, Marketing & Contracts Manager david@thecrossingguardcompany.com 310-202-8284, ext.107 Page 71 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 12 Last Revised: 05/22/14 16.Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17.Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor’s obligations hereunder without City’s prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18.Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and compliance with other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19.Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20.Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts. Page 72 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 13 Last Revised: 05/22/14 21.Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23.Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24.Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: All City Management Inc. By: ______________________________ Name Date ______________________________ Title City of Rancho Cucamonga By:________________________________ Name Date _________________________________ Title By: ______________________________ Name Date ______________________________ Title (two signatures required if corporation) Page 73 of 250 Page 14 PSA without professional liability insurance (contractor) Last Revised: 5/22/14 EXHIBIT A SCOPE OF SERVICES Both parties have agreed upon an initial hourly billing rate for year one (1), to be negotiated annually for the remainder of the contract term. City shall compensate Contractor at the agreed upon hourly billing rate of $29.84 for year one (1) and provided, however, that full, total and complete amount payable to Contractor for year one (1) shall not exceed $395,000 (three hundred ninety-five thousand dollars), 1.The Contractor shall provide personnel trained and equipped per Section 7D of the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways, most updated Edition. Such personnel shall be herein referred to as a Crossing Guard. The Contractor is an independent Contractor and the Crossing Guards to be furnished by the Contractor shall at all times be the Contractor's employees and not those of the City. 2.The City shall have the right to determine the hours and locations when and where Crossing Guards shall be furnished by the Contractor. The Contractor shall notify the City in writing of any changes which may need to occur in hours of work or locations. The City further has the power to add to, delete from, or revise the work schedule/locations at any time. 3.The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this Agreement. 4.The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location. 5.The Contractor shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties the Contractor and employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and the laws and codes of the State of California and the City of Rancho Cucamonga. 6.Persons provided by the Contractor as Crossing Guards shall be trained in the laws and codes of the State of California and the City of Rancho Cucamonga pertaining to general pedestrian safety and school crossing areas. 7.The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held "STOP" signs and any other safety equipment which may be necessary. Apparel and equipment shall be pre-approved by the City Manager or the designee. Vendor Initials ____________ Page 74 of 250 Page 15 PSA without professional liability insurance (contractor) Last Revised: 5/22/14 8.The City hereby agrees to pay a maximum of 3 hours, unless otherwise specified, per location per school day. Contractor's monthly billing shall include a list of locations and days worked by date. 9.The City does not pay for school crossing guard services on days that schools are closed for holidays. Vendor Initials ____________ Page 75 of 250 All City Management Services Inc. Billing Rate for 2023 - 2024: 29.84$ KEY: Summer School 13.5 180 2430 $29.84 =$72,511.20 3 Sites at 4.50 hrs per day days/yr X Hourly Billing Rate 5 180 900 $29.84 =$26,856.00 1 Sites at 5.00 hrs with early release days/yr X Hourly Billing Rate 45 180 8100 $29.84 =$241,704.00 15 Sites at 3.00 hrs per day days/yr X Hourly Billing Rate 6.5 144 936 $29.84 =$27,930.24 2 Sites at 3.25 hrs with early release days/yr X Hourly Billing Rate 8 36 288 $29.84 =$8,593.92 Site above 4.00 hrs with early release days/yr X Hourly Billing Rate Total Sites:21 12,654.00 $377,595.36 Ruth Musser Mid Windrows Elem Summit Intermediate Total Hrs/day X TOTAL PROJECTED HOURS TOTAL ANNUAL PROJECTED COST For schools with Summer School sessions use 19 days Sites with traditional calendar: Total Hrs/day X Total Hrs/day X Total Hrs/day X Total Hrs/day X Traditional Calendar: For sites with no regularly scheduled early release days, use 180 regular days For sites with one regularly scheduled early release day/week, use 144 regular days and 36 minimum days Year Round Calendar For schools with no regularly scheduled early release days, use 240 regular days For schools with one regularly scheduled early release day/week, use 192 regular days and 48 minimum days 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Client Worksheet 2023 - 2024 Department:3604 City of Rancho Cucamonga 5/31/23 ____________ Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 16 Page 76 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 17 Last Revised: 05/22/14 EXHIBIT B SCHEDULE FOR PERFORMANCE N/A Page 77 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 18 Last Revised: 05/22/14 Attachment A – Sample Waiver of Subrogation (Sample Only – Not all forms will look identical to this Sample) The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Page 78 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 19 Last Revised: 05/22/14 Attachment B – Sample Additional Insured for On-going Projects Page 79 of 250 ____________ Vendor Initials PSA without professional liability insurance (contractor) Page 20 Last Revised: 05/22/14 The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Page 80 of 250 D:\TempFiles\Temporary Internet Files\OLK21C\Sole Source Justification Form (3).doc CITY OF RANCHO CUCAMONGA SINGLE/SOLE SOURCE JUSTIFICATION FOR PURCHASES $5,000 AND ABOVE The below information is provided in support of my Department requesting approval for a single/sole source. Outside of a duly declared emergency, the time to develop a statement of work or specifications is not in itself justification for single or sole source. Vendor:________________________________________Date: __________________ Commodity/Service:_____________________________________________________ Estimated expenditure: __________________Your Name: ______________________ Extent of market search conducted: Price Reasonableness:__________________________________________________ Does moving forward on this product/service further obligate the City to future similar contract actual arrangements? DEFINITIONS: SINGLE SOURCE – a transaction with a business entity that is chosen, without competition, from among two or more business entities capable of supplying or providing the goods or services that meet the specified need. SOLE SOURCE - A transaction with the only business entity capable of supplying or providing the goods or services that meet the specified need. Initial all entries below that apply to the proposed purchase (more than one entry will apply to most single/sole source products/services requested). If needed, attach a memorandum containing complete justification and support documentation as directed in initial entry. THIS IS A SINGLE SOURCE THIS IS A SOLE SOURCE PURCHASE (check one). 1. _______ SINGLE/SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER, THERE ARE NO REGIONAL DISTRIBUTORS.(Item no. 3 also must also be completed). 2. _______ THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum). ATTACHMENT 2 Page 81 of 250 Single/Sole Source Justification Form Page 2 D:\TempFiles\Temporary Internet Files\OLK21C\Sole Source Justification Form (3).doc 1/18/07 3. _______ THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application). 4. _______ UNIQUE FEATURES OF THE SUPPLY/SERVICE BEING REQUESTED. THERE IS NO ALTERNATIVE SUPPLIER. (Attach memorandum with reasons why these unique features are and what benefit the City will accrue.) 5. _______ THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION (Attach memorandum describing basis for standardization request). 6. _______ NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION FOR THIS SINGLE/SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. The undersigned requests that competitive procurement be waived and that the vendor identified as the supplier of the service or material described in this single/sole source justification be authorized as a single/sole source for the service or material. Department Head: ____________________________ Department: _______________________ Purchasing Department APPROVED APPROVED WITH CONDITION/S DISAPPROVE Comments: $5,000 - $50,000 APPROVED BY PURCHASING MANAGER: ____________________________Date: __________ $50,000 – 100,000 APPROVED BY CITY MANAGER: ____________________________Date: __________ $100,000 AND OVER See comments above by Purchasing Division, attach to Council Request CITY COUNCIL ACTION: ____________________________________________Date: ___________ Page 82 of 250 Page 1 of 1 The Engineering Services Department is requesting a single-source contract for the provision of Crossing Guard Services with All City Management Inc. (ACM), a corporation located in Santa Fe Springs, California, providing crossing guard services in California for over thirty-seven years. The City has contracted with ACM since 2010 and has been satisfied with services provided at competitive rates in comparison to other local agencies in the region. The City’s crossing guard program consists of a varying number of locations from year to year, based on warrant studies that are conducted each fall and spring. After conducting research into vendors and pricing from five other agencies in the region it was determined that ACM is a trusted and reputable vendor for these specialized services and that the rate proposed to Rancho Cucamonga for the 2023/2024 school year is competitive. Municipality Hourly Billing Rate Term Contractor Arcadia Year 1 - $27.07 Year 2 - $28.36 Year 3 - $28.36 FY22/23 - 25 All City Management Hermosa Beach $29.91 FY22/23 All City Management Pomona $55.34 FY 22/23 - 25 All City Management - Award Pending City of Fontana $27.35 FY 22/23 All City Management Ontario $21.41 FY 22/23 All City Management Rancho Cucamonga Proposed $29.84 FY 23/24 All City Management Approval of a single-source agreement to contract with ACM for Crossing Guard Services will ensure accurate and consistent staffing at City determined crossing guard locations throughout all four elementary/middle school districts as well as ensure responsible use of funds. DATE: June 19, 2023 TO: Ruth Cain, Procurement Manager FROM: Justine Garcia, Deputy Director of Engineering Services SUBJECT: Single-Source Justification for Crossing Guard Services through All City Management Inc. MEMORANDUM Engineering Services Attachment 3 Page 83 of 250 Page 1 DATE:July 5, 2023 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Noah Daniels, Finance Director Kelly Guerra, Special Districts Analyst SUBJECT:Consideration of Resolutions Approving the Special Tax Levy for Various Community Facilities Districts and the Special Annual Benefit Assessment for Drainage Area No. 91-2 for the Fiscal Year 2023/24. (RESOLUTION NOS. 2023-070 TO 2023-085) (CITY) RECOMMENDATION: Staff recommend the City Council adopt the Resolutions approving the special tax levy and special annual benefit assessment, as applicable, for the following Community Facilities Districts and Benefit Assessment District (each a “District” and collectively the “Districts”) for the Fiscal Year 2023/24: 1. Community Facilities Districts No. 2000-01 (South Etiwanda), 2. Community Facilities Districts No. 2000-02 (Rancho Cucamonga Corporate Park), 3. Community Facilities Districts No. 2000-03 (Rancho Summit), 4. Community Facilities Districts No. 2000-03 Special Tax “B” (Rancho Summit), 5. Community Facilities Districts No. 2001-01 (Improvement Area Nos. 1 and 2), 6. Community Facilities Districts No. 2001-01 (Improvement Area No. 3), 7. Community Facilities Districts No. 2003-01 (Improvement Area No. 1), 8. Community Facilities Districts No. 2003-01 (Improvement Area No. 2), 9. Community Facilities Districts No. 2004-01 (Rancho Etiwanda Estates), 10. Community Facilities Districts No. 2006-01 (Vintner’s Grove), 11. Community Facilities Districts No. 2006-02 (Amador on Route 66), 12. Community Facilities Districts No. 2017-01 (North Etiwanda), 13. Community Facilities Districts No. 2018-01 (The Resort at Empire Lakes), 14. Community Facilities Districts No. 2022-01 (Street Lighting Services), 15. Community Facilities Districts No. 2022-02 (Industrial Area Services), and 16. Drainage Area No. 91-2 (Day Canyon Drainage Basin) BACKGROUND: Annually, before the County’s direct assessment enrollment in August, the City Council must adopt a Resolution approving the special tax levy and special benefit assessment for each District. If approved, staff will file the certified list of all parcels subject to the levy for each District with the County of San Bernardino to be included in the property owner’s property tax billings. The City Council has previously authorized the formation of the Districts, including the services provided or the bonded indebtedness secured by the Districts. Page 84 of 250 Page 2 1 9 1 3 ANALYSIS: Certain Districts were established to cover the repayment of principal, interest, and administrative costs associated with debt service. Generally, these Districts mature around 30 years after issuance when the bonds are fully repaid. Changes are only recommended when rate increases are necessary to make current and future debt service payments. For Fiscal Year 2023/24, a 2.0% increase is recommended for CFD 2000- 02, CFD 2003-01 (Improvement Area No. 1), and CFD 2003-01 (Improvement Area No. 2). This increase is necessary to ensure the respective debt service payments due in September 2023 and March 2024 are adequately covered. The other Districts’ current rates are sufficient to cover their debt service payments. The table below provides a summary of each Districts’ total special tax levy for Fiscal Year 2023/24 and maturity date: District / Name Bond Maturity Fiscal Year 2023/24 Notes CFD No. 2000-01 (South Etiwanda) September 2025 $73,922 No change from the prior year. CFD No. 2000-02 (Rancho Cucamonga Corporate Park) September 2025 $528,162 Recommend an increase of 2% for debt service. CFD No. 2000-03 (Rancho Summit) September 2035 $566,112 No change from the prior year. CFD No. 2001-01 (Improvement Areas Nos. 1 and 2) September 2031 $670,447 No change from the prior year. CFD No. 2001-01 (Improvement Area No. 3) September 2031 $61,467 No change from the prior year. CFD No. 2003-01 (Improvement Area No. 1) September 2033 $1,249,851 Recommend an increase of 2% for debt service. CFD No. 2003-01 (Improvement Area No. 2) September 2033 $213,348 Recommend an increase of 2% for debt service. CFD No. 2004-01 (Rancho Etiwanda Estates) September 2036 $2,350,660 No change from the prior year. CFD No. 2006-01 (Vintner’s Grove) September 2037 $288,959 No change from the prior year. CFD No. 2006-02 (Amador on Route 66) September 2037 $183,158 No change from the prior year. Other Districts provide maintenance and services for public facilities in perpetuity. Changes in special taxes for these Districts are driven by changes in operating costs and capital replacement plans. Page 85 of 250 Page 3 1 9 1 3 A summary of the analysis for maintenance and service CFD Districts for Fiscal Year 2023/24: •No changes in the actual rate are recommended for CFD 2000-03B and CFD 2017-01. •CFD 2018-01 (Residential Property) actual rate will increase from $369.00 to $387.45 to offset estimated increases in operational costs and future capital replacement projects. •CFD 2018-01 (Undeveloped Property) actual rate will decrease from $1,592.51 to $347.42 due to the development of new residential properties within the District. •CFD 2022-01 and CFD 2022-02 were formed on June 2022; therefore, FY 2023/24 is their first year of levy. The staff has determined that their formation actual rates are sufficient to meet the operational needs of these Districts. The table below summarizes the special tax levies for the Districts for Fiscal Year 2023/24. District / Name Maximum Fiscal Year 2022/23 Fiscal Year 2023/24 Notes CFD No. 2000-03 Special Tax “B” (Rancho Summit) $1,638.45 $1,560.43 $1,560.43 No change is recommended from the prior year. CFD No. 2017-01 (North Etiwanda) Residential Property $1,049.07 $0 $0 No residential parcels have been developed; the rate is on hold pending development. CFD No. 2017-01 (North Etiwanda) Undeveloped Property $2,548.47 $0 $20 No change is recommended from the prior year. The current rate of $20 per acre is for administrative expenses. CFD No. 2018-01 (The Resort at Empire Lakes) Residential Property $387.45 $369.00 $387.45 Recommend an increase of 5.0% due to increased costs for operations and future capital replacement plans. CFD No. 2018-01 (The Resort at Empire Lakes) Undeveloped Property $6,360.46 $1,592.51 $347.42 The rate decreases as a result of new residential development in the District. CFD No. 2022-01 (Street Lighting Services) Tax Zone No. 1 Tax Zone No. 2 Tax Zone No. 3 Tax Zone No. 4 Tax Zone No. 5 Tax Zone No. 6 Tax Zone No. 7 Tax Zone No. 8 $23.80 $78.93 $49.51 $30.41 $66.98 $53.97 $61.57 $39.68 $22.67 $75.17 $47.15 $28.96 $63.79 $51.40 $58.64 $37.79 $22.67 $75.17 $47.15 $28.96 $63.79 $51.40 $58.64 $37.79 First-year levy. CFD No. 2022-02 (Industrial Area Services) Industrial Property $6,144.60 $5,852.00 $5,852.00 First-year levy. Benefit Assessments for Drainage Area No. 91-2 (Day Canyon Drainage Basin) The District consists of 363 residential parcels which are generally located north of Wilson Ave between Day Creek Boulevard and Etiwanda Avenue. For the Fiscal Year 2023/24, staff determined the current assessment of $72.17 per residential parcel is sufficient to meet all District’s financial obligations. The annual assessment for the District pays for maintenance and servicing of a 27-acre-foot desilting basin and a 1,460-linear foot concrete drainage channel. Page 86 of 250 Page 4 1 9 1 3 FISCAL IMPACT: Special tax and special annual benefit assessment revenues collected for each District are used for the related public facilities and services, debt service payments, and administration costs for only that District. The budgets for each District, as shown in the Annual Reports, agree to the City’s Adopted Budget for Fiscal Year 2023/24, which the City Council approved on June 22, 2023, with the exception of CFD 2018-01. After creating the preliminary Fiscal Year 2023/24 budget and staff recommends increasing the property tax budget for CFD 2018-01 by $17,470 as follows: •CFD 2018-01 Empire Lakes / Property Tax – 1876000-4101, increase by $17,470. 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 special taxes and special annual benefit assessment revenues to provide public facilities and services, debt service payments, and administrative costs for the Districts. ATTACHMENTS: Attachment 1 – Resolution CFD 2000-01 Attachment 2 – Annual Status Report – CFD 2000-01 Attachment 3 – Resolution CFD 2000-02 Attachment 4 – Annual Status Report - CFD 2000-02 Attachment 5 – Resolution CFD 2000-03 Attachment 6 – Annual Status Report - CFD 2000-03 Attachment 7 – Resolution CFD 2000-03 Special Tax “B” Attachment 8 – Annual Status Report - CFD 2000-03 Special Tax “B” Attachment 9 – Resolution CFD 2001-01 (Improvement Area No. 1 and 2) Attachment 10 – Annual Status Report – CFD 2001-01 (Improvement Area Nos. 1 and 2) Attachment 11 – Resolution CFD 2001-01 (Improvement Area No. 3) Attachment 12 – Annual Status Report – CFD 2001-01 (Improvement Area No. 3) Attachment 13 – Resolution CFD 2003-01 (Improvement Area No. 1) Attachment 14 – Annual Status Report – CFD 2003-01 (Improvement Area No. 1) Attachment 15 – Resolution CFD 2003-01 (Improvement Area No. 2) Attachment 16 – Annual Status Report – CFD 2003-01 (Improvement Area No. 2) Attachment 17 – Resolution CFD 2004-01 Attachment 18 – Annual Status Report - CFD 2004-01 Attachment 19 – Resolution CFD 2006-01 Attachment 20 – Annual Status Report - CFD 2006-01 Attachment 21 – Resolution CFD 2006-02 Attachment 22 – Annual Status Report – CFD 2006-02 Attachment 23 – Resolution CFD 2017-01 Attachment 24 – Annual Status Report – CFD 2017-01 Attachment 25 – Resolution CFD 2018-01 Attachment 26 – Annual Status Report – CFD 2018-01 Attachment 27 – Resolution CFD 2022-01 Attachment 28 – Annual Status Report – CFD 2022-01 Attachment 29 – Resolution CFD 2022-02 Attachment 30 – Annual Status Report – CFD 2022-02 Attachment 31 – Resolution BAD 91-2 Attachment 32 – Annual Status Report – BAD 91-2 Page 87 of 250 Resolution No. 2023-XXX – Page 1 of 2 ATTACHMENT 1 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) FOR FISCAL YEAR 2023/24 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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 for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2000-01 (South Etiwanda) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15-147 on August 5, 2015, previously established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting in a reduction in the debt service payable from the special taxes levied within the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023/24 for the District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rates as set forth in such Annual Status Report do not exceed the amount as previously authorized by Ordinance of this legislative body, and are not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of administering the District and any bonds of the District; and D. Repayment of advances and loans, if appropriate. Page 88 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 1 The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this ________ day of ___________ 2023. Page 89 of 250 ATTACHMENT 2 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2000-01 SOUTH ETIWANDA ANNUAL STATUS REPORT JULY 2023 Page 90 of 250 Community Facilities District No. 2000-01 1 Fiscal Year 2023/24 ATTACHMENT 2 BACKGROUND On November 7, 2000, an election was held and the property owners within the boundary of Community Facilities District No. 2000-01 (South Etiwanda) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $1,365,000. On November 15, 2000, the City Council adopted Ordinance No. 645 authorizing the levy of a Special Tax in the District. Bonds were issued on December 21, 2000, for the purpose of financing the acquisition of certain public facilities that included street, sewer, water, storm drain, landscaping and park improvements that were required for and would permit the development of the properties within the District. The District is located east of Interstate 15 and is bordered by Foothill to the south, East to the east, Base Line to the north, Etiwanda to the west and is intersected by Miller. On December 7, 2011, the City Council adopted Resolution No. 11-179 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2012, in the principal amount of $658,000 were issued on December 21, 2011. This amount represented the outstanding principal balance of the original bonds as of this date. On July 1, 2015, the City Council adopted Resolution No. 15-115 authorizing the issuance of special tax refunding bonds for this District in conjunction with various other community facilities districts. The Special Tax Refunding Bonds, Series 2015, were refunded with a total principal amount of $18,546,000 and were issued on July 30, 2015. By authorizing this refunding, the City Council provided savings to the property owners for the remaining life of the bond issue, that translated to a 4.85% overall reduction in the annual debt service payment paid by property owners. The annual special tax is based on the square footage of the home for residential properties. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations. Page 91 of 250 Community Facilities District No. 2000-01 2 Fiscal Year 2023/24 ATTACHMENT 2 COMMUNITY FACILITIES DISTRICT NO. 2000-01 ANNUAL SPECIAL TAX FISCAL YEAR 2023/24 De scription Building Siz e Assigne d Spe cial T ax 1.Residential Property > 2,301 Sq Ft $283.66 2.Residential Property 1,801 - 2,300 Sq Ft $269.48 3.Residential Property < 1,800 Sq Ft $241.11 COMMUNITY FACILITIES DISTRICT NO. 2000-01 PROPOSED SOURCES AND USES OF FUNDS Fiscal Year 2023/24 Budget Sources Taxes: Esti mated Assessments, Net of Esti mated D eli nquenci es 73,930$ Interest Revenue 840 Total Proposed Sources 74,770 U ses D ebt Service Principal Repayments 49,000 Interest Expense 3,770 Subtotal - D ebt Servi ce 52,770 C ontract Services 2,000 Assessment Administrati on 16,250 Admi n./General Overhead 190 Total Proposed U ses 71,210 C ontribution to/(Use of) Fund Balance 3,560$ Page 92 of 250 Community Facilities District No. 2000-01 3 Fiscal Year 2023/24 ATTACHMENT 2Page 93 of 250 Resolution No. 2023-XXX – Page 1 of 2 ATTACHMENT 3 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) FOR FISCAL YEAR 2023/24 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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 for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15-148 on August 5, 2015, previously established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting in a reduction in the debt service payable from the special taxes levied within the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023/24 for the District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rates as set forth in such Annual Status Report do not exceed the amount as previously authorized by Ordinance of this legislative body, and are not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of administering the District and any bonds of the District; and D. Repayment of advances and loans, if appropriate. Page 94 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 3 The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this _________ day of ___________ 2023. Page 95 of 250 ATTACHMENT 4 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2000-02 RANCHO CUCAMONGA CORPORATE PARK ANNUAL STATUS REPORT JULY 2023 Page 96 of 250 Community Facilities District No. 2000-02 1 Fiscal Year 2023/24 ATTACHMENT 4 BACKGROUND On November 7, 2000, the electors within the boundary of Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $6,835,000 for the purpose of financing the acquisition of street improvements on public street improvements required as a condition of approval of development of the property within the proposed district including Milliken, Arrow and Foothill; such street improvements to include, but not to be limited to: demolition and grading, curb, gutter and sidewalks, traffic signals; entry feature and signs; fire hydrants; storm drains; water and sewer improvements; paving; striping; landscaping and irrigation improvements; public utilities and appurtenances. On December 7, 2011, the City Council adopted Resolution No. 11-179 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2011, in the principal amount of $5,407,000 were issued on December 21, 2011. This amount represented the outstanding principal balance of the original bonds as of this date. On July 1, 2015, the City Council adopted Resolution No. 15-115 authorizing the issuance of special tax refunding bonds for this District in conjunction with various other Community Facilities Districts. The Special Tax Refunding Bonds, Series 2015 were refunded with a total principal amount of $18,546,000 and were issued on July 30, 2015. By authorizing this refunding, the City Council provided savings to the property owners for the remaining life of the bond issue, that translated to a 4.72% overall reduction in the annual debt service payment paid by property owners. Each July 1, commencing July 1, 2012, the maximum annual special tax will be increased by two percent (2%) of the amount in effect for the previous fiscal year. The special taxes will be levied as follows: (1) The special tax will be levied on each taxable parcel in an amount equal to 100% of the applicable maximum annual special tax; or (2) If the special tax requirement will be satisfied by an amount less than the maximum annual special tax the special tax will be levied proportionately on each taxable parcel at less than 100% of the maximum annual special tax. For Fiscal Year 2023/24, the rates for the District will increase by 2.0 % to meet fiscal obligations for the District. The special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations. Page 97 of 250 Community Facilities District No. 2000-02 2 Fiscal Year 2023/24 ATTACHMENT 4 COMMUNITY FACILITIES DISTRICT NO. 2000-02 ANNUAL SPECIAL TAX FISCAL YEAR 2023/24 The annual tax rate for Fiscal Year 2023/24 will increase from $3,792.06 to $3,867.90 per acre, equaling 2.0%. COMMUNITY FACILITIES DISTRICT NO. 2000-02 PROPOSED SOURCES AND USES OF FUNDS Fiscal Year 2023/24 Budget Sources Taxes: Estimated Assessments, Net of Esti mated D eli nquencies 528,170$ Interest Revenue 1,860 Total Proposed Sources 530,030 Uses D ebt Service Principal Repayments 470,000 Interest Expense 37,890 Subtotal - Debt Servi ce 507,890 C ontract Servi ces 2,000 Assessment Administration 46,800 Admin./General Overhead 350 Total Proposed Uses 557,040 Contribution to/(Use of) Fund Balance (27,010)$ Page 98 of 250 Community Facilities District No. 2000-02 3 Fiscal Year 2023/24 ATTACHMENT 4Page 99 of 250 Resolution No. 2023-XXX – Page 1 of 2 ATTACHMENT 5 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000- 03A (RANCHO SUMMIT) FOR FISCAL YEAR 2023/24 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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 for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2000-03A (Rancho Summit) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023/24 for the referenced District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct Page 100 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 5 reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this _______ day of ___________ 2023. Page 101 of 250 ATTACHMENT 6 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2000-03A (RANCHO SUMMIT) ANNUAL STATUS REPORT JULY 2023 Page 102 of 250 Community Facilities District No. 2000-03A (Rancho Summit) . 1 Fiscal Year 2023/24 ATTACHMENT 6 BACKGROUND On October 11, 2000, an election was held and the property owners within the boundary of Community Facilities District No. 2000-03A (Rancho Summit) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $9,835,000. On July 6, 2005, the City Council adopted Ordinance No. 744 approving the levy of the special tax and on September 21, 2005, approved Resolution No. 05-278 authorizing the issuance of bonds. The District was authorized to finance park improvements including clearing and grading of park sites, park hardscape and restrooms, street improvements and parkway hardscape landscaping of parks and parkways and park equipment with a useful life of five (5) years or more. The District is bounded by the San Bernardino National Forest to the north, the 210 Freeway to the south, Interstate 15 Freeway to the east and East to the west. On July 16, 2014, the City Council adopted Resolution No. 14-127 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2014 in the principal amount of $8,500,000 were issued on July 31, 2014. By authorizing this refunding, the City Council provided annual savings to the property owners of approximately $120,000 for the remaining life of the bond issue. Each Fiscal Year, all Taxable Property within the District shall be assigned to a Zone and further classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property and shall be subject to Special Taxes in accordance with this Amended and Restated Rate and Method of Apportionment. Residential Property shall be assigned to Land Use Classes 1 through 10 and Non-Residential Property shall be assigned to Land Use Class 11. Page 103 of 250 Community Facilities District No. 2000-03A (Rancho Summit) . 2 Fiscal Year 2023/24 ATTACHMENT 6 COMMUNITY FACILITIES DISTRICT NO. 2000-03A ANNUAL SPECIAL TAX FISCAL YEAR 2023/24 1 Resi denti al Property < 1,850 Sq. Ft $1,286.21 2 Resi denti al Property 1,850 – 2,049 Sq. Ft $1,430.88 3 Resi denti al Property 2,050 – 2,249 Sq. Ft $1,527.32 4 Resi denti al Property 2,250 – 2,449 Sq. Ft $1,541.65 5 Resi denti al Property 2,450 – 2,649 Sq. Ft $1,552.94 6 Resi denti al Property 2,650 – 2,849 Sq. Ft $1,684.05 7 Resi denti al Property 2,850 – 3,049 Sq. Ft $1,855.09 8 Resi denti al Property 3,050 – 3,049 Sq. Ft $1,904.07 9 Resi denti al Property 3,250 – 3,249 Sq. Ft $2,017.09 10 Resi denti al Property => 3,450 Sq. Ft $2,031.41 11 Non-Resi denti al Property N/A $9,493.97 per Acre Land Use C lass R esidential Floor Area Assigned Special TaxDescription Page 104 of 250 Community Facilities District No. 2000-03A (Rancho Summit) . 3 Fiscal Year 2023/24 ATTACHMENT 6 COMMUNITY FACILITIES DISTRICT NO. 2000-03A PROPOSED USES AND SOURCES OF FUNDS Fi scal Year 2023/24 Budget Sources Taxes: Estimated Assessments, Net of Estimated Delinquenci es 566,120$ Interest Revenue 5,720 Total Proposed Sources 571,840 U ses Debt Service Pri ncipal Repayments 314,000 Interest Expense 193,910 Subtotal - Debt Service 507,910 Contract Services 2,000 Assessment Administrati on 19,260 Admin./General Overhead 380 Total Proposed Uses 529,550 C ontribution to/(Use of) Fund Balance 42,290$ Page 105 of 250 Community Facilities District No. 2000-03A (Rancho Summit) . 4 Fiscal Year 2023/24 ATTACHMENT 6Page 106 of 250 Resolution No. 2023-XXX – Page 1 of 2 ATTACHMENT 7 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF MAXIMUM SPECIAL TAX “B” FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR FISCAL YEAR 2023/24 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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 for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2000-03B (Rancho Summit) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the Special Tax “B” to be collected for Fiscal Year 2023/24 for the District are hereby determined and established as set forth Annual Status Report to this Resolution, which is attached hereto and incorporated herein by reference. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by the Ordinance, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of Special Tax “B” shall be used, in whole or in part, for the following: A. Payment of costs and expenses of the operation and maintenance of authorized parks and parkways and incidental expenses pursuant to the Act; B. Payment of an amount necessary to fund or replenish an operating reserve for the costs of the operation of authorized parks and parkways; and C. Payment of a proportionate share of Administrative Expenses as such term is defined in the Modified Rate and Method. The proceeds of Special Tax “B” shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: Special Tax “B” shall be collected in the same manner as ordinary ad valorem Page 107 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 7 property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of Special Tax “B,” and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this _______ day of ___________ 2023. Page 108 of 250 ATTACHMENT 8 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2000-03B (RANCHO SUMMIT) ANNUAL STATUS REPORT JULY 2023 Page 109 of 250 Community Facilities District No. 2000-03B 1 Fiscal Year 2023/24 ATTACHMENT 8 BACKGROUND On August 16, 2000, the City Council approved Resolution No. 00-149 and established Community Facilities District No. 2000-03B, (the “District”). On October 11, 2000, the qualified electors of the District, being the owners of the land within the District, voted to approve the levy of a special tax to pay for certain public services and the administering of such District. On July 6, 2005, the City Council adopted Ordinance No. 744 approving the levy of the special tax and on September 21, 2005, approved Resolution No. 05-278 authorizing the issuance of bonds. The District was authorized to finance park improvements, including, clearing and grading of park sites, park hardscape and restrooms, street improvements and parkway hardscape landscaping of parks and parkways and park equipment with a useful life of five (5) years or more. The District is bounded by the San Bernardino National Forest to the north, the 210 Freeway to the south, Interstate 15 Freeway to the east and East to the west. Each fiscal year, all Taxable Property within the District shall be assigned to a Zone and further classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property and shall be subject to Special Taxes in accordance with this Amended and Restated Rate and Method of Apportionment. Residential Property shall be assigned to Land Use Classes 1 through 10 and Non-Residential Property shall be assigned to Land Use Class 11. Annually on July 1, the Maximum Special Tax “B” shall be increased based on the percentage change in the Consumer Price Index, with a minimum annual increase of two percent (2.0%) and a maximum annual increase of six percent (6.0%) per Fiscal Year. For FY 2023/24, the current rate provides sufficient revenues to meet the District’s expenses and there is no need for an increase. The Maximum Special Tax “B” increased by 5.0% compared to FY 2022/23. Fisca l Ye a r CPI Ra te Ma x i m um Asse ssme nt pe r EBU Actua l Asse ssm e nt pe r EBU 2019/20 6.00%$1,387.73 $1,387.73 2020/21 6.00%$1,470.99 $1,470.99 2021/22 4.00%$1,443.24 $1,443.24 2022/23 2.00%$1,560.43 $1,560.43 2023/24 5.00%$1,638.45 $1,560.43 Page 110 of 250 Community Facilities District No. 2000-03B 2 Fiscal Year 2023/24 ATTACHMENT 8 COMMUNITY FACILITIES DISTRICT NO. 2000-03B ANNUAL SPECIAL TAX FISCAL YEAR 2023/24 Land Use Class De scription Re side ntial Floor Are a M aximum Spe cial T ax B 1 - 10 Residential Property <1850 Sq. Ft to => 3,450 Sq. Ft 1,560.43$ COMMUNITY FACILITIES DISTRICT NO. 2000-03B PROPOSED SOURCES AND USES OF FUNDS Fi scal Year 2023/24 Budget Sources Taxes: Estimated Assessments, Net of Esti mated D eli nquencies 561,760$ Anticipated Prior Year D elinquenci es Collecti on 4,940 Subtotal - Taxes 566,700 Interest Revenue 8,160 Total Proposed Sources 574,860 Uses Personnel Services 217,440 Operations and Maintenance 27,500 Contract Services 109,850 Uti liti es 131,420 Assessment Admi ni stration 1,290 Admin./General Overhead 81,450 Total Proposed Uses 568,950 Contribution to/(U se of) Fund Balance 5,910$ Page 111 of 250 Community Facilities District No. 2000-03B 3 Fiscal Year 2023/24 ATTACHMENT 8Page 112 of 250 Resolution No. 2023-XXX – Page 1 of 2 ATTACHMENT 9 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT 2001-01 (IMPROVEMENT AREA NOS. 1 AND 2) FOR FISCAL YEAR 2023/24 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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 for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2001-01 (Improvement Area Nos. 1 and Improvement Area No. 2) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15-149 on August 5, 2015, previously established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting in a reduction in the debt service payable from the special taxes levied within the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023/24 for the District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rates as set forth in such Annual Status Report do not exceed the amount as previously authorized by Ordinance of this legislative body, and are not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of administering the District and any bonds of the District; and D. Repayment of advances and loans, if appropriate. Page 113 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 9 The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this ________ day of ___________ 2023. Page 114 of 250 ATTACHMENT 10 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NO. 1 AND 2) ANNUAL STATUS REPORT JULY 2023 Page 115 of 250 Community Facilities District No. 2001-01 (Improvement Area No. 1 and 2) 1 Fiscal Year 2023/24 ATTACHMENT 10 BACKGROUND On June 20, 2001, an election was held and the property owners within the boundary of Community Facilities District No. 2001-01 (Improvement Area Nos. 1 and 2) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $14,240,000. On August 15, 2001, the City Council adopted Ordinance No. 01-019 authorizing the issuance of bonds. Bonds were issued on August 29, 2001, to share in the financing of public street improvements required for the development of the property within the District; including, improvements to Day Creek, Victoria Park, Church, Foothill, Base Line and Arbor; landscaping improvements within public right-of-way; and storm drain and flood control improvements. On December 7, 2011, the City Council adopted Resolution No. 11-179 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2012, in the principal amount of $9,093,000 were issued on December 21, 2011. This amount represented the outstanding principal balance of the original bonds as of this date. On July 1, 2015, the City Council adopted Resolution No. 15-115 authorizing the issuance of special tax refunding bonds for this District in conjunction with various other Community Facilities Districts. The Special Tax Refunding Bonds, Series 2015, were refunded with a total principal amount of $18,546,000 and were issued on July 30, 2015. By authorizing this refunding, the City Council provided savings to the property owners for the remaining life of the bond issue, that translated to a 12.09% overall reduction in the annual debt service payment paid by property owners. The special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations. Each fiscal year, all Taxable Property within Improvement Area No. 1 and Improvement Area No. 2 shall be classified as Developed Property, Final Mapped Property, Taxable Property Owner Association Property, Taxable Public Property, or Undeveloped Property and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment pursuant to the sections below. The property in Improvement Area No. 1 is residential in use. The property in Improvement Area No. 2 is primarily commercial and contains Victoria Gardens. Page 116 of 250 Community Facilities District No. 2001-01 (Improvement Area No. 1 and 2) 2 Fiscal Year 2023/24 ATTACHMENT 10 COMMUNITY FACILITIES DISTRICT NO. 2001-01 ANNUAL SPECIAL TAX FISCAL YEAR 2023/24 LAND USE CLASS DESCRIPT ION RESIDENT IAL FLOOR AREA ASSIGNED SPECIAL T AX 1 Single Fam ily Property => 3,250 Sq Ft $1,115.90 per Dwelling Unit 2 Single Fam ily Property 2,950 to 3,249 Sq Ft $894.84 per Dwelling Unit 3 Single Fam ily Property 2,650 to 2,949 Sq Ft $805.04 per Dwelling Unit 4 Single Fam ily Property 2,350 to 2,649 Sq Ft $691.32 per Dwelling Unit 5 Single Fam ily Property 2,150 to 2,349 Sq Ft $646.69 per Dwelling Unit 6 Single Fam ily Property 1,950 to 2,149 Sq Ft $594.61 per Dwelling Unit 7 Single Fam ily Property < 1,950 Sq Ft $498.43 per Dwelling Unit 8 Apartment Property Not Applic able $125.94 per Dwelling Unit 9 Non-Residential Property Not Applic able $4,462.52 per Acre IM PROVEMENT AREA NO. 1 LAND USE CLASS DESCRIPT ION ASSIGNED SPECIAL T AX 1 Apartment Property $125.94 Per Dwelling Unit 2 Other Residential Property $5,721.95 per Ac re 3 Non-Res idential Property $0.33 Per Sq Ft. of Non-Res idential Floor Area IMPROVEM ENT AREA NO. 2 Page 117 of 250 Community Facilities District No. 2001-01 (Improvement Area No. 1 and 2) 3 Fiscal Year 2023/24 ATTACHMENT 10 COMMUNITY FACILITIES DISTRICT NO. 2001-01 PROPOSED SOURCES AND USES OF FUNDS Fiscal Year 2023/24 Budget Sources Taxes: Esti mated Assessments, Net of Estimated D eli nquenci es 670,450$ Total Proposed Sources 670,450 U ses Debt Service Principal Repayments 442,000 Interest Expense 154,930 Subtotal - D ebt Service 596,930 Contract Services 2,000 Assessment A dmini strati on 55,900 Admi n./General Overhead 430 Total Proposed U ses 655,260 C ontribution to/(Use of) Fund Balance 15,190$ Page 118 of 250 Community Facilities District No. 2001-01 (Improvement Area No. 1 and 2) 4 Fiscal Year 2023/24 ATTACHMENT 10Page 119 of 250 Resolution No. 2023-XXX – Page 1 of 2 ATTACHMENT 11 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT 2001-01 (IMPROVEMENT AREA NO. 3) FOR FISCAL YEAR 2023/24 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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 for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2001-01 (Improvement Area No. 3) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15-150 on August 5, 2015, previously established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting in a reduction in the debt service payable from the special taxes levied within the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023/24 for the District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rates as set forth in such Annual Status Report do not exceed the amount as previously authorized by Ordinance of this legislative body, and are not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of administering the District and any bonds of the District; and D. Repayment of advances and loans, if appropriate. Page 120 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 11 The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this _______ day of ___________ 2023. Page 121 of 250 ATTACHMENT 12 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NO. 3) ANNUAL STATUS REPORT JULY 2023 Page 122 of 250 Community Facilities District No. 2001-01 (Improvement Area 3) Fiscal Year 2023/24 ATTACHMENT 12 1 BACKGROUND On June 20, 2001, an election was held and the property owners within the boundary of Community Facilities District No. 2001-01 (Improvement Area Nos. 3) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $935,000. On August 15, 2001, the City Council adopted Ordinance No. 01-019 authorizing the issuance of bonds. Bonds were issued on August 29, 2001, to share in the financing of public street improvements required for the development of the property within the District; including, improvements to Day Creek, Victoria Park, Church, Foothill, Base Line and Arbor; landscaping improvements within public right-of-way; and storm drain and flood control improvements. On December 7, 2011, the City Council adopted Resolution No. 11-179 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2012, in the principal amount of $9,093,000 were issued on December 21, 2011. This amount represented the outstanding principal balance of the original bonds as of this date. On July 1, 2015, the City Council adopted Resolution No. 15-115 authorizing the issuance of special tax refunding bonds for this District in conjunction with various other Community Facilities Districts. The Special Tax Refunding Bonds, Series 2015 were refunded with a total principal amount of $18,546,000 and were issued on July 30, 2015. By authorizing this refunding, the City Council provided savings to the property owners for the remaining life of the bond issue, that translated to a 6.29% overall reduction in the annual debt service payment paid by property owners. The special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations. Each fiscal year, all Taxable Property within each Zone of Improvement Area No. 3 shall be classified as Taxable or Non-Taxable Property and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment pursuant to the section below. Page 123 of 250 Community Facilities District No. 2001-01 (Improvement Area 3) Fiscal Year 2023/24 ATTACHMENT 12 2 COMMUNITY FACILITIES DISTRICT NO. 2001-01 ANNUAL SPECIAL TAX FISCAL YEAR 2023/24 T AXABLE ACREAG E BOND SHARE ASSIGNED T AX PER ACRE ZONE 7-LEGGIO 37.48 8.30%$1,640.00 COMMUNITY FACILITIES DISTRICT NO. 2001-01 PROPOSED SOURCES AND USES OF FUNDS Fiscal Year 2023/24 B udget Sources Taxes: Esti mated Assessments, Net of Estimated D elinquenci es 61,470$ Total Proposed Sources 61,470 Uses Debt Servi ce Princi pal Repayments 43,000 Interest E xpense 15,000 Subtotal - D ebt Servi ce 58,000 Admi n./General Overhead 120 Total Proposed Uses 60,120 Contribution to/(U se of) Fund B alance 1,350$ Page 124 of 250 Community Facilities District No. 2001-01 (Improvement Area 3) Fiscal Year 2023/24 ATTACHMENT 12 3Page 125 of 250 Resolution No. 2023-XXX – Page 1 of 2 ATTACHMENT 13 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT 2003-01 (IMPROVEMENT AREA NO. 1) FOR FISCAL YEAR 2023/24 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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 for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2003-01 (Improvement Area No. 1) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023/24 for the referenced District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. Page 126 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 13 SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this _______ day of _____________ 2023. Page 127 of 250 ATTACHMENT 14 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 1) ANNUAL STATUS REPORT JULY 2023 Page 128 of 250 Community Facilities District No. 2003-01 (Improvement Area No. 1) Fiscal Year 2023/24 ATTACHMENT 14 1 BACKGROUND On February 19, 2003, an election was held and the property owners within the boundary of Community Facilities District No. 2003-01 (Improvement Area No. 1) authorized the District to incur bonded indebtedness in the principal amount of $14,645,000. On March 5, 2003, the City Council adopted Ordinance No. 699 approving the levy of the special tax and on May 21, 2003 approved Resolution No. 03-125 authorizing the issuance of bonds. The District consists of approximately 229 gross acres, of which 147 acres are designated as Improvement Area No. 1. The District boundary is located in the eastern part of the City generally west of Interstate 15, south of Church, north of Arrow and east of the Southern California Edison easement corridor from Arrow north, to Foothill and Day Creek from Foothill north, to Church. The District is located within the Victoria Planned Community. Bonds were issued on August 20, 2003, to share in the provision of funds for the purpose of financing the acquisition and construction of the facilities which consist of Day Creek, Victoria Park, Church, Foothill, Base Line and Arbor; storm drain and flood control facilities and water and sewer improvements to be owned and operated by Cucamonga Valley Water District; and a cultural center owned by the City, that includes a performing arts center, public library and banquet hall/meeting room. On July 3, 2013, the City Council adopted Resolution No. 13-110 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2013, in the principal amount of $14,170,000 were issued on July 30, 2013. This amount represented the outstanding principal balance of the original bonds as of this date. The rates for the District will increase by 2.0 % in Fiscal Year 2023/24 to meet fiscal obligations for the District. The special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations. Each fiscal year, all Taxable Property within Zone 1, Zone 2 and Zone 3 of the District shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment pursuant to the sections below. Page 129 of 250 Community Facilities District No. 2003-01 (Improvement Area No. 1) Fiscal Year 2023/24 ATTACHMENT 14 2 COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 1) Annual Special Tax Fiscal Year 2023/24 ASSIGNED SPECIAL T AX (pe r acre ) BACKUP SPECIAL T AX (pe r acre )NOT E ZONE 1 DEVELOPED PROPERT Y $6,463.74 $7,129.58 Both Ass igned and Bac kup can increase 2% every year ZONE 1 UNDEVELOPED PROPERT Y $0.00 $7,129.58 Backup can increase 2% every year ZONE 2 DEVELOPED PROPERT Y $11,693.13 $59,923.80 Both Ass igned and Bac kup can increase 2% every year ZONE 2 UNDEVELOPED PROPERT Y $0.00 $19,045.39 Backup can increase 2% every year ZONE 3 DEVELOPED PROPERT Y $10,926.70 $16,959.12 Both Ass igned and Bac kup can increase 2% every year ZONE 3 UNDEVELOPED PROPERT Y $0.00 $16,959.12 Backup can increase 2% every year Proposed Sources and Uses of Funds Fi scal Year 2023/24 Budget Sources Taxes: Estimated Assessments, Net of Esti mated Delinquencies 1,249,860$ Interest Revenue 10,190 Total Proposed Sources 1,260,050 Uses Debt Servi ce Pri nci pal Repayments 615,000 Interest Expense 535,060 Subtotal - Debt Service 1,150,060 Contract Services 2,000 Assessment Administration 23,910 Admin./General Overhead 560 Total Proposed Uses 1,176,530 Contribution to/(Use of) Fund Balance 83,520$ Page 130 of 250 Community Facilities District No. 2003-01 (Improvement Area No. 1) Fiscal Year 2023/24 ATTACHMENT 14 3Page 131 of 250 Resolution No. 2023-XXX – Page 1 of 2 ATTACHMENT 15 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT 2003-01 (IMPROVEMENT AREA NO. 2) FOR FISCAL YEAR 2023/24 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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 for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2003-01 (Improvement Area No. 2) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023/24 for the referenced District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in Page 132 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 15 cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this _______ day of _________2023. Page 133 of 250 ATTACHMENT 16 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 2) ANNUAL STATUS REPORT JULY 2023 Page 134 of 250 Community Facilities District No. 2003-01 (Improvement Area 2) Fiscal Year 2023/24 ATTACHMENT 16 1 BACKGROUND On February 19, 2003, an election was held and the property owners within the boundary of Community Facilities District No. 2003-01 (Improvement Area No. 2) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $2,855,000. On March 5, 2003, the City Council adopted Ordinance No. 699 approving the levy of the special tax and on May 21, 2003, approved Resolution No. 03-125 authorizing the issuance of bonds. The District consists of approximately 229 gross acres, of which 82 acres are designated as Improvement Area No. 2 (Zones 1 and 2). The District boundary is located in the eastern part of the City generally west of Interstate 15, south of Church, north of Arrow and east of Southern California Edison easement corridor from Arrow north, to Foothill and Day Creek from Foothill north, to Church. The District is located within the Victoria Planned Community. Bonds were issued on August 20, 2003, to share in the provision of funds for the purpose of financing the acquisition and construction of the facilities which consist of Day Creek, Victoria Park, Church, Foothill, Base Line and Arbor; storm drain and flood control facilities and water and sewer improvements to be owned and operated by Cucamonga Valley Water District; and a cultural center owned by the City, that includes a performing arts center, public library and banquet hall/meeting room. On September 17, 2013, the City Council adopted Resolution No. 13-162 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2013, in the principal amount of $2,784,000 were issued on September 30, 2013. This amount represented the outstanding principal balance of the original bonds as of this date. The rates for the District will increase by 2.0 % in Fiscal Year 2023/24 to meet fiscal obligations for the District. The special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations. Each fiscal year, all Taxable Property within Zone 1 and Zone 2 of the District shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. Page 135 of 250 Community Facilities District No. 2003-01 (Improvement Area 2) Fiscal Year 2023/24 ATTACHMENT 16 2 COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 2) Annual Special Tax Fiscal Year 2023/24 ASSIGNED SPECIAL T AX (pe r acre ) BACKUP SPECIAL T AX (pe r acre )NOT E ZONE 1 DEVELOPED PROPERT Y $2,597.40 $4,621.30 Both Ass igned and Backup can inc reas e 2% every year ZONE 1 UNDEVELOPED PROPERT Y $0.00 $4,621.30 Backup can inc reas e 2% every year ZONE 2 DEVELOPED PROPERT Y $7,894.05 $14,002.09 Both Ass igned and Backup can inc reas e 2% every year ZONE 2 UNDEVELOPED PROPERT Y $0.00 $14,002.09 Backup can inc reas e 2% every year Proposed Sources and Uses of Funds Fi scal Year 2023/24 Budget Sources Taxes: Estimated Assessments, Net of Estimated Deli nquencies 213,350$ Interest Revenue 1,910 Total Proposed Sources 215,260 Uses Debt Service: Pri ncipal Repayments 124,000 Interest Expense 85,170 Subtotal - D ebt Servi ce 209,170 Contract Services 2,500 Assessment Admi nistration 5,960 Admin./General Overhead 220 Total Proposed Uses 217,850 Contribution to/(U se of) Fund B alance (2,590)$ Page 136 of 250 Community Facilities District No. 2003-01 (Improvement Area 2) Fiscal Year 2023/24 ATTACHMENT 16 3 Page 137 of 250 Resolution No. 2023-XXX – Page 1 of 2 ATTACHMENT 17 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT 2004-01 (RANCHO ETIWANDA ESTATES) FOR FISCAL YEAR 2023/24 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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 for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023/24 for the referenced District is hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct Page 138 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 17 reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this _______ day of ___________ 2023. Page 139 of 250 ATTACHMENT 18 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) ANNUAL STATUS REPORT JULY 2023 Page 140 of 250 Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Fiscal Year 2023/24 ATTACHMENT 18 1 BACKGROUND On September 15, 2004, an election was held and the property owners within the boundary of Community Facilities District No. 2004-01 (the “District”) authorized the District to incur bonded indebtedness in the maximum principal amount of $45,000,000. On October 6, 2004, the City Council adopted Ordinance No. 735 approving the levy of the special tax and on June 7, 2006, approved Resolution No. 06-185 authorizing the issuance of bonds. Bonds were issued on July 13, 2006, to share in the provision of funds for the acquisition and construction of certain public facilities, to serve property located within the District. The District was authorized to finance the following improvements: •Day Creek Boulevard - grading, storm drain, sewer, water, dry utilities, streets and landscaping, •Etiwanda Avenue - grading, sewer, water, dry utilities, streets, and landscaping; •Cucamonga Valley Water District ("CVWD") reservoir transmission main, •Storm drain facilities including the northern property line storm drain and the Etiwanda Avenue storm drain, •Park facilities, •Equestrian facilities, •School facilities now owned by the Etiwanda School District and by the Chaffey Joint Union High School District, •Water and sewer facilities now owned by CVWD which were authorized and financed from the proceeds of capacity charges levied by CVWD, •Flood control facilities now owned by the San Bernardino County Flood Control District and •Open space owned by the County of San Bernardino. On January 15, 2014, the City Council adopted Resolution No. 14-005 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2014 in the principal amount of $34,384,000 were issued on February 07, 2014. This amount represented the outstanding principal of the original bonds as of this date. The annual special tax is based on the square footage of the home for residential properties. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations. Page 141 of 250 Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Fiscal Year 2023/24 ATTACHMENT 18 2 COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) Term of Special Tax The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year 2005/06 provided, however, that special taxes will cease to be levied in an earlier fiscal year if the Community Facilities District Administrator has determined (i) that all required interest and principal payments on the District’s bonds have been paid; and (ii) all authorized facilities have been constructed. Annual Special Tax for FY 2023/24 Land Use C ategory Developed Floor Area Maximum Special Tax Actual Special Tax 1-Residenti al Property Greater than 4,000 sq ft $5,555 per uni t $4,280 per unit 2-Residenti al Property 3,801 - 4,000 sq ft $5,325 per uni t $4,103 per unit 3-Residenti al Property 3,601 - 3,800 sq ft $5,151 per uni t $3,969 per unit 4-Residenti al Property 3,401 - 3,600 sq ft $4,896 per uni t $3,772 per unit 5-Residenti al Property Less than 3,400 sq ft $4,410 per uni t $3,398 per unit 6-Non-Resi dential Property NA $14,800 per acre $0.00 per acre Page 142 of 250 Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Fiscal Year 2023/24 ATTACHMENT 18 3 COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) Proposed Sources and Uses of Funds Fiscal Year 2023/24 Budget Sources Taxes: Estimated Assessments, Net of Esti mated D elinquenci es 2,350,660$ Interest Revenue 39,180 Total P roposed Sources 2,389,840 U ses Debt Service Pri nci pal Repayments 1,007,820 Interest Expense 1,331,000 Subtotal - Debt Servi ce 2,338,820 Contract Services 2,000 Assessment Admi ni strati on 18,770 Admi n./General Overhead 1,530 Total Proposed Uses 2,361,120 C ontribution to/(U se of) Fund B alance 28,720$ Page 143 of 250 Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Fiscal Year 2023/24 ATTACHMENT 18 4Page 144 of 250 Resolution No. 2023-XXX – Page 1 of 2 ATTACHMENT 19 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER’S GROVE) FOR FISCAL YEAR 2023/24 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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 for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2006-01 (Vintner’s Grove) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15-151 on August 5, 2015, established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting in a reduction in the debt service payable from the special taxes levied within the District; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023/24 for the District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rates as set forth in such Annual Status Report do not exceed the amount as previously authorized by Ordinance of this legislative body, and are not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of administering the District and any bonds of the District; and D. Repayment of advances and loans, if appropriate. Page 145 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 19 The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this _______ day of ____________ 2023. Page 146 of 250 ATTACHMENT 20 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2006-01 VINTNER’S GROVE ANNUAL STATUS REPORT JULY 2023 Page 147 of 250 Community Facilities District No. 2006-01 (Vintner’s Grove) Fiscal Year 2023/24 ATTACHMENT 20 1 BACKGROUND On October 18, 2006, an election was held and the property owners within the boundary of Community Facilities District No. 2006-01 (Vintner’s Grove) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $5,800,000. On November 1, 2006, the City Council adopted Ordinance No. 769 approving the levy of the special tax and on December 20, 2006 approved Resolution No. 06-401 authorizing the issuance of bonds. The District boundary is located on the south side of Arrow, east of Center, north of 26th and west of Haven. Bonds were issued on January 25, 2007, to share in the provision of funds for the acquisition of street improvements, landscape improvements within the public right-of- way and water and sewer improvements. On July 1, 2015, the City Council adopted Resolution No. 15-115 authorizing the issuance of special tax refunding bonds for this District in conjunction with various other Community Facilities Districts. The Special Tax Refunding Bonds, Series 2015 were refunded with a total principal amount of $18,546,000 and were issued on July 30, 2015. By authorizing this refunding, the City Council provided savings to the property owners for the remaining life of the bond issue, that translated to a 37.85% overall reduction in the annual debt service payment paid by property owners. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations. Each fiscal year, all Taxable Property within the District shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the section below. Page 148 of 250 Community Facilities District No. 2006-01 (Vintner’s Grove) Fiscal Year 2023/24 ATTACHMENT 20 2 COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER’S GROVE) Annual Special Tax for Fiscal Year 2023/24 Floor Plan Home Siz e (Sq. Ft.)Number of U nits Special Tax Tri -Plex P lan 1 1,335 26 $1,444.32 Tri -Plex P lan 2 1,803 26 $1,664.32 Tri -Plex P lan 3 1,920 26 $1,723.98 SFD Plan 4 2,188 28 $1,932.18 SFD Plan 5 2,627 28 $2,099.98 SFD Plan 6 3,173 22 $2,291.39 Proposed Sources and Uses of Funds Fi scal Year 2023/24 Budget Sources Taxes: Estimated Assessments, Net of Estimated Deli nquencies 288,960$ Interest Revenue 4,570 Total Proposed Sources 293,530 U ses D ebt Servi ce Principal Repayments 145,000 Interest Expense 108,450 Subtotal - Debt Servi ce 253,450 C ontract Services 2,000 Assessment Administrati on 12,100 Admin./General Overhead 300 Total Proposed Uses 267,850 C ontribution to/(Use of) Fund Balance 25,680$ Page 149 of 250 Community Facilities District No. 2006-01 (Vintner’s Grove) Fiscal Year 2023/24 ATTACHMENT 20 3Page 150 of 250 Resolution No. 2023- XXX – Page 1 of 2 ATTACHMENT 21 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT 2006-02 (AMADOR ON ROUTE 66) FOR FISCAL YEAR 2023/24 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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 for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2006-02 (Amador on Route 66) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15-152 on August 5, 2015, established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting a reduction in the debt service payable from the special taxes levied within the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023/24 for the District is hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rates as set forth in such Annual Status Report do not exceed the amount as previously authorized by Ordinance of this legislative body, and are not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of administering the District and any bonds of the District; and D. Repayment of advances and loans, if appropriate. Page 151 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 21 The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this ________ day of _________ 2023. Page 152 of 250 ATTACHMENT 22 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) ANNUAL STATUS REPORT JULY 2023 Page 153 of 250 Community Facilities District No. 2006-02 (Amador on Route 66) Fiscal Year 2023/24 ATTACHMENT 22 1 BACKGROUND On October 18, 2006, an election was held and the property owners within the boundary of Community Facilities District No. 2006-02 (Amador on Route 66) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $2,980,000. On November 1, 2006, the City Council adopted Ordinance No. 770 approving the levy of the special tax and on December 20, 2006, approved Resolution No. 06-402 authorizing the issuance of bonds. The District boundary is located south of Garcia, east of Etiwanda, north of Foothill and west of East. Bonds were issued on January 25, 2007, to share in the provision of funds for the acquisition of street improvements, landscape improvements within the public right-of- way and water and sewer improvements. On July 1, 2015, the City Council adopted Resolution No. 15-115 authorizing the issuance of special tax refunding bonds for this District in conjunction with various other Community Facilities Districts. The Special Tax Refunding Bonds, Series 2015, were refunded with a total principal amount of $18,546,000 and were issued on July 30, 2015. By authorizing this refunding, the City Council provided savings to the property owners for the remaining life of the bond issue, which translated to a 28.42% overall reduction in the annual debt service payment paid by property owners. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations. Each fiscal year, all Taxable Property within the District shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property or Undeveloped Property and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the section below. Page 154 of 250 Community Facilities District No. 2006-02 (Amador on Route 66) Fiscal Year 2023/24 ATTACHMENT 22 2 COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) Annual Special Tax Fiscal Year 2023/24 Land Use Class Description Residential Floor Area Residential Floor Area 1 Single Family Detached Property >1,850 Sq. Ft.$ 2,015.67/DU 2 Single Family Detached Property 1,601 - 1,850 Sq. Ft.$ 1,930.49/DU 3 Single Family Detached Property 1,351 - 1,600 Sq. Ft.$ 1,767.29/DU 4 Single Family Detached Property <1,351 $ 1,604.09/DU 5 Non-Residential Property N/A $ 46,345.26/ACRE Proposed Sources and Uses of Funds Fiscal Year 2023/24 Budget Sources Taxes: Estimated Assessments, Net of Esti mated D eli nquencies 183,160$ Interest Revenue 3,050 Total Proposed Sources 186,210 U ses D ebt Service Princi pal Repayments 90,000 Interest Expense 64,330 Subtotal - D ebt Servi ce 154,330 C ontract Services 2,000 Assessment Admini stration 12,110 Admin./General Overhead 250 Total Proposed U ses 168,690 C ontribution to/(Use of) Fund B alance 17,520$ Page 155 of 250 Community Facilities District No. 2006-02 (Amador on Route 66) Fiscal Year 2023/24 ATTACHMENT 22 3Page 156 of 250 Resolution No. 2023-XXX – Page 1 of 2 ATTACHMENT 23 3 7 7 4 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX FOR NORTH ETIWANDA COMMUNITY FACILITIES DISTRICT NO. 2017-01 OF THE CITY OF RANCHO CUCAMONGA FOR FISCAL YEAR 2023/24 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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 for the State of California. This Community Facilities District shall hereinafter be referred to as North Etiwanda Community Facilities District No. 2017-01 of the City of Rancho Cucamonga (hereinafter referred to as the "District"); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to the maintenance of certain improvements by the District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected for Fiscal Year 2023/24 for the District are hereby determined and established as set forth Annual Status Report to this Resolution, which is attached hereto and incorporated herein by reference. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by the Ordinance, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax shall be used, in whole or in part, for the following: A. Payment of costs and expenses of the operation, maintenance, and servicing of authorized services pursuant to the Act; B. Payment of an amount necessary to fund or replenish an operating or capital reserve for the District; and C. Payment of a proportionate share of Administrative Expenses as such term is defined in the Amended Rate and Method. The proceeds of the special tax shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: Special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable Page 157 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 23 3 7 7 4 administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of special tax and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to the District a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this _______ day of _____________ 2023. Page 158 of 250 ATTACHMENT 24 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2017-01 (NORTH ETIWANDA) ANNUAL STATUS REPORT JULY 2023 Page 159 of 250 Community Facilities District No. 2017-01 (North Etiwanda)1 Fiscal Year 2023/24 ATTACHMENT 24 BACKGROUND On May 2, 2018, the City Council approved Resolution No. 18-029, and established North Etiwanda Community Facilities District No. 2017-01, (the “District”). On May 2, 2018, the qualified electors of the District, being the owners of the land within the District, voted to approve the levy of a special tax to pay for certain public services and the administering of such District. On May 16, 2018, the City Council adopted Ordinance No. 928 approving the levy of the special tax. The District was authorized to finance the maintenance of public trails and trailhead improvements, landscaped areas, parkways, medians and parks and recreation improvements throughout the District and public right-of-ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, signs, monuments, graffiti removal, replacement, repair or rehabilitation of playground equipment, sports fields, parking lots, restrooms, sport field lighting, street lighting and other improvements placed in parks, trails, medians, landscaped areas, or public right- of-ways, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the District. The maintenance and servicing of streetlights, traffic signals and appurtenant facilities, including but not limited to furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition. On, July 1 of each Fiscal Year, commencing on July 1, 2019, the Maximum Annual Special Tax set forth in the table below shall be increased by a minimum of two percent (2%) to a maximum annual increase of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. Page 160 of 250 Community Facilities District No. 2017-01 (North Etiwanda)2 Fiscal Year 2023/24 ATTACHMENT 24 COMMUNITY FACILITIES DISTRICT NO. 2017-01 (NORTH ETIWANDA) Maximum Special Tax Fiscal Ye ar Pe rce ntage Rate Prope rty De scription Maximum Annual Spe cial T ax Residential Property $871.77 Undeveloped Property $2,117.76 Residential Property 924.08 Undeveloped Property 2,244.83 Residential Property 979.52 Undeveloped Property 2,379.52 Residential Property 999.11 Undeveloped Property 2,427.11 Residential Property 1,019.09 Undeveloped Property 2,475.65 Residential Property 1,049.07 Undeveloped Property 2,548.472023/24 5.00% 2022/23 2.00% 0.00% 6.00% 6.00% 2.00% 2018/19 2019/20 2020/21 2021/22 Annual Special Tax Prope rty Land Use Residential Property $0.00 Per Single Fam ily Residenc e Non-Res idential Property 0.00 Per Ac re Undeveloped Property 20.00 Per Ac re Actual Annual Spe cial T ax Fiscal Ye ar 2023/24 Proposed Sources and Uses of Funds Fi scal Year 2023/24 Budget Sources Taxes: Esti mated Assessments, Net of Estimated Deli nquencies 3,020$ Total Proposed Sources 3,020 Uses Assessment Admini stration 1,200 Admi n./General Overhead 20 Total Proposed Uses 1,220 Contribution to/(Use of) Fund Balance 1,800$ Page 161 of 250 Community Facilities District No. 2017-01 (North Etiwanda)3 Fiscal Year 2023/24 ATTACHMENT 24Page 162 of 250 Resolution No. 2023-XXX – Page 1 of 2 ATTACHMENT 25 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX FOR THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA FOR FISCAL YEAR 2023/24 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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 for the State of California. This Community Facilities District shall hereinafter be referred to as The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga (hereinafter referred to as the "District"); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to the maintenance of certain improvements by the City, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of special tax to be collected for Fiscal Year 2023/24 for the District are hereby determined and established as set forth Annual Status Report to this Resolution, which is attached hereto and incorporated herein by reference. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by the Ordinance, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax shall be used, in whole or in part, for the following: A. Payment of costs and expenses of the operation, maintenance, and servicing of authorized services pursuant to the Act; B. Payment of an amount necessary to fund or replenish an operating or capital reserve for the District; and C. Payment of a proportionate share of Administrative Expenses as such term is defined in the Rate and Method. The proceeds of the special tax shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: Special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. Page 163 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 25 SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of special tax and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to the District a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this _______ day of __________ 2023. Page 164 of 250 ATTACHMENT 26 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2018-01 (THE RESORT AT EMPIRE LAKES) ANNUAL STATUS REPORT JULY 2023 Page 165 of 250 Community Facilities District No. 2018-01 (The Resort at Empire Lakes) 1 Fiscal Year 2023/24 ATTACHMENT 26 BACKGROUND On December 19, 2018, the City Council approved Resolution No. 18-136, and established The Resort at Empire Lakes Community Facilities District No. 2018-01, (the “District”). On December 19, 2018, the qualified electors of the District, being the owners of the land within the District, voted to approve the levy of a special tax to pay for certain public services and the administering of such District. The District was authorized to finance: (a) (i) the maintenance of streets, public trails and trailhead improvements, landscaped areas, parkways, medians, and parks and recreation improvements and public right- of-ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, signs, monuments, graffiti removal, replacement, repair or rehabilitation of playground equipment, sports fields, parking lots, restrooms, sport field lighting, street lighting, traffic signals and appurtenant facilities and other improvements placed in parks, trails medians, landscaped areas, or public right-of-ways, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the City, (ii) the equipping, furnishing and maintenance of public safety improvements; (iii) the furnishing of any service authorized under the Act, as may be amended from time to time, (iv) the furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep such improvements in operational and satisfactory condition; and (v) the establishment of a reserve fund for the replacement of any such improvements; and (b) the incidental expenses which will be incurred, including but not limited to: (i) all costs associated with the formation of the District, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District, and (ii) any other expenses incidental to the provision of the Services. On July 1 of each Fiscal Year, commencing on July 1, 2020, the dollar amount per EBU for Developed Property and the dollar amount per acre of Undeveloped Property 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. For FY 2023/24, the rate will increase from $369.00 to $387.45, or 5% per residential unit. The increase is necessary to sustain the District’s operational costs. Page 166 of 250 Community Facilities District No. 2018-01 (The Resort at Empire Lakes) 2 Fiscal Year 2023/24 ATTACHMENT 26 COMMUNITY FACILITIES DISTRICT NO. 2018-01 (THE RESORT AT EMPIRE LAKES) Land Use Equivalent to EBUs Prope rty Land Use Residential Property 1 EBU Per Residential Dwelling Unit Non-Residential Property Less than 1 Ac re 2 EBUs Per Parcel Non-Residential Property More than 1 Ac re 2 EBUs Per Acre or portion of thereof Mixed Use Property Equiv ale nt Bene fit Unit Assigme nt The EBU assigm ent of each Assessor's Parcel of Mixed Use Property is equal the total of (i) the Assigned Special Tax that would be Applicable to Suc h As sessor's Parc el if it was classified only as Res idential Property and (ii) the Ass igned Special Tax that would be applicable to such Assess or's Parcel if it was classified as Non- Residential Property. Maximum Special Tax Fiscal Ye ar Pe rcentage Rate Property De scription M aximum Annual Spe cial T ax Residential Property $318.84 Undeveloped Property $5,234.20 Residential Property 337.97 Undeveloped Property 5,548.25 Residential Property 358.25 Undeveloped Property 5,881.15 Residential Property 369.00 Undeveloped Property 6,057.58 Residential Property 387.45 Undeveloped Property 6,360.462023/24 5.00% 2019/20 0.00% 2020/21 6.00% 2021/22 6.00% 2022/23 3.00% Actual Annual Special Tax for Fiscal Year 2023/24 Prope rty Land Use Developed Property $387.45 Per EBU Undeveloped Property $347.42 Per Ac re Actual Annual Spe cial T ax Page 167 of 250 Community Facilities District No. 2018-01 (The Resort at Empire Lakes) 3 Fiscal Year 2023/24 ATTACHMENT 26 COMMUNITY FACILITIES DISTRICT NO. 2018-01 (THE RESORT AT EMPIRE LAKES) Proposed Sources and Uses of Funds Fi scal Year 2023/24 Budget Sources Taxes: Esti mated Assessments, Net of Estimated Delinquencies 374,830$ Interest Revenue 6,560 Transfers In 106,160 Total Proposed Sources 487,550 Uses Operation & Mai ntenance 11,370 Contract S ervices 19,170 Utili ties 6,500 Assessment Administrati on 4,950 Transfer to Speci al Di stri cts for Servi ces and Facilites 209,040 Capital Reserves 106,160 Total Proposed Uses 357,190 Contribution to/(Use of) Fund Balance 130,360$ Reserved Funds Operating Capital Total Reserve Reserve Res erve Estim ated Reserve Fund Balanc e, June 30, 2023 $22,557 $270,896 $293,452 Contribution to/(Use of) Reserve - Fiscal Year 2023/24 17,640 112,720 130,360 Estim ated Reserve Fund Balanc e, June 30, 2024 $40,197 $383,616 $423,812 Page 168 of 250 Community Facilities District No. 2018-01 (The Resort at Empire Lakes) 4 Fiscal Year 2023/24 ATTACHMENT 26Page 169 of 250 Resolution No. 2023-XXX – Page 1 of 2 ATTACHMENT 27 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX FOR THE COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHING SERVICES) OF THE CITY OF RANCHO CUCAMONGA FOR FISCAL YEAR 2023/24 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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 for the State of California. 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 (hereinafter referred to as the "District"); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to the maintenance of certain improvements by the City, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of special tax to be collected for Fiscal Year 2023/24 for the District are hereby determined and established as set forth Annual Status Report to this Resolution, which is attached hereto and incorporated herein by reference. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by the Ordinance, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax shall be used, in whole or in part, for the following: A. Payment of costs and expenses of the operation, maintenance, and servicing of authorized services pursuant to the Act; B. Payment of an amount necessary to fund or replenish an operating or capital reserve for the District; and C. Payment of a proportionate share of Administrative Expenses as such term is defined in the Rate and Method. The proceeds of the special tax shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: Special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. Page 170 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 27 SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of special tax and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to the District a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this ________ day of ___________ 2023. Page 171 of 250 ATTACHMENT 28 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) ANNUAL STATUS REPORT JULY 2023 Page 172 of 250 Community Facilities District No. 2022-01 (Street Lighting Services) 1 Fiscal Year 2023/24 ATTACHMENT 28 BACKGROUND On June 1, 2022, the City Council approved Resolution No. 2022-061, and established Community Facilities District No. 2022-01 (Street Lighting Services) of Rancho Cucamonga, (the “District”). On June 1, 2022, the qualified electors of the District, being the owners of the land within the District, voted to approve the levy of a special tax to pay for certain public services and the administering of such District. On June 15, 2022, the City Council adopted Ordinance No. 1005 approving the levy of the special tax. The District was authorized to 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. of a reserve fund for the replacement of any such improvements. On July 1 of each Fiscal Year, commencing on July 1, 2022, the Maximum Annual Special Tax set forth in the tables below shall be increased by a minimum of two percent (2%) to a maximum annual increase of six percent (6%), determined on the annual basis as needed to satisfy the Special Tax requirement. FY 2023/24 is the first-year levy for CFD 2022-01. The Actual Special Tax Rate will remain the same as the formation actual rates and the Maximum Special Tax Rate will increase by 5.0% on all Tax Zones. Page 173 of 250 Community Facilities District No. 2022-01 (Street Lighting Services) 2 Fiscal Year 2023/24 ATTACHMENT 28 COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) Maximum and Actual Special Tax for Fiscal Year 2023/24 Property Land Us e Max imum Special Tax Rate Actual Special Tax Rate Per Unit/Acre/Parcel Single Family Residential Property $23.80 $22.67 Unit Multi-Family Residential Property $23.80 $22.67 Unit Non-Res idential Property $47.61 $45.34 Acre Undeveloped Property $210.00 $200.00 Parcel Property Land Us e Max imum Special Tax Rate Actual Special Tax Rate Per Unit/Acre/Parcel Single Family Residential Property $78.93 $75.17 Unit Multi-Family Residential Property $78.93 $75.17 Unit Undeveloped Property $210.00 $200.00 Parcel Property Land Us e Max imum Special Tax Rate Actual Special Tax Rate Per Unit/Acre/Parcel Single Family Residential Property $49.51 $47.15 Unit Multi-Family Residential Property $49.51 $47.15 Unit Non-Res idential Property $99.02 $94.30 Acre Undeveloped Property $210.00 $200.00 Parcel Property Land Us e Max imum Special Tax Rate Actual Special Tax Rate Per Unit/Acre/Parcel Single Family Residential Property $30.41 $28.96 Unit Multi-Family Residential Property $30.41 $28.96 Unit Non-Res idential Property $60.82 $57.92 Acre Undeveloped Property $210.00 $200.00 Parcel Ta x Zone No. 1 - Arte ria l s Ta x Zone No. 2 - Re side ntia l Loca l Stre e ts Ta x Zone No. 3 - Victoria Pla nne d Community Ta x Zone No. 4 - Te rra Vista Pla nne d Community Page 174 of 250 Community Facilities District No. 2022-01 (Street Lighting Services) 3 Fiscal Year 2023/24 ATTACHMENT 28 COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) Maximum and Actual Special Tax for Fiscal Year 2023/24 (Continue) Property Land Us e Maximum Special Tax Rate Actual Special Tax Rate Per Unit/Acre/Parcel Single Family Residential Property $66.98 $63.79 Unit Undeveloped Property $210.00 $200.00 Parcel Property Land Us e Maximum Special Tax Rate Actual Special Tax Rate Per Unit/Acre/Parcel Non-Residential Property $53.97 $51.40 Acre Undeveloped Property $210.00 $200.00 Parcel Property Land Us e Maximum Special Tax Rate Actual Special Tax Rate Per Unit/Acre/Parcel Single Family Residential Property $61.57 $58.64 Unit Multi-Family Res idential Property $61.57 $58.64 Unit Non-Residential Property $123.14 $117.28 Acre Undeveloped Property $210.00 $200.00 Parcel Property Land Us e Maximum Special Tax Rate Actual Special Tax Rate Per Unit/Acre/Parcel Single Family Residential Property $39.68 $37.79 Unit Multi-Family Res idential Property $39.68 $37.79 Unit Non-Residential Property $79.36 $75.58 Acre Undeveloped Property $210.00 $200.00 Parcel Ta x Zone No. 7 - North Etiw a nda Ta x Zone No. 8 - South Etiw a nda Ta x Zone No. 5 - Ca ryn Pla nne d Community Ta x Zone No. 6 - Comme rica l Industria l Page 175 of 250 Community Facilities District No. 2022-01 (Street Lighting Services) 4 Fiscal Year 2023/24 ATTACHMENT 28 COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) Proposed Sources and Uses of Funds Fi scal Year 2023/24 Budget Sources Taxes: Esti mated Assessments, Net of Estimated D elinquenci es 12,710$ Total Proposed Sources 12,710 Uses Assessment Admini stration 30 Transfers Out SLD 1 5,920 SLD 2 150 SLD 6 6,610 Subtotal - Transfer Out 12,680 Total Proposed Uses 12,710 Contribution to/(Use of) Fund B alance -$ FY 2023/24 Annexations Original Formation APN Formation Date Total Units/Acres Property Type CFD 2022-01 0229-283-50 & 51 6/1/2022 89.87 Commercial/Industrial Annexation No.APN Annexation Date Total Units/Acres Property Type Anne xati on 2022-1 1090-311-08 12/14/2022 1.00 Single-Family Resi de nce Anne xati on 2023-1 0229-291-46 & 54 3/15/2023 35.73 Commercial/Industrial Anne xati on 2023-2 0201-182-34 3/15/2023 1.00 Single-Family Resi de nce Page 176 of 250 Community Facilities District No. 2022-01 (Street Lighting Services) 5 Fiscal Year 2023/24 ATTACHMENT 28Page 177 of 250 Resolution No. 2023-XXX – Page 1 of 2 ATTACHMENT 29 3 7 8 0 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX FOR THE COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA FOR FISCAL YEAR 2023/24 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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 for the State of California. 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 (hereinafter referred to as the "District"); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to the maintenance of certain improvements by the City, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of special tax to be collected for Fiscal Year 2023/24 for the District are hereby determined and established as set forth Annual Status Report to this Resolution, which is attached hereto and incorporated herein by reference. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by the Ordinance, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax shall be used, in whole or in part, for the following: A. Payment of costs and expenses of the operation, maintenance, and servicing of authorized services pursuant to the Act; B. Payment of an amount necessary to fund or replenish an operating or capital reserve for the District; and C. Payment of a proportionate share of Administrative Expenses as such term is defined in the Rate and Method. The proceeds of the special tax shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: Special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. Page 178 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 29 3 7 8 0 SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of special tax and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to the District a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this ________ day of __________ 2023. Page 179 of 250 ATTACHMENT 30 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) ANNUAL STATUS REPORT JULY 2023 Page 180 of 250 Community Facilities District No. 2022-02 (Industrial Area Services) 1 Fiscal Year 2023/24 ATTACHMENT 30 BACKGROUND On June 1, 2022, the City Council approved Resolution No. 2022-062, and established Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, (the “District”). On June 1, 2022, the qualified electors of the District, being the owners of the land within the District, voted to approve the levy of a special tax to pay for certain public services and the administering of such District. On June 15, 2022, the City Council adopted Ordinance No. 1006 approving the levy of the special tax. The District was authorized to 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. On July 1 of each Fiscal Year, commencing on July 1, 2022, the Maximum Annual Special Tax set forth in the tables below shall be increased by a minimum of two percent (2%) to a maximum annual increase of six percent (6%), determined on the annual basis as needed to satisfy the Special Tax requirement. FY 2023/24 is the first-year levy for CFD 2022-02. The Actual Special Tax Rate will remain the same as the formation actual rate and the Maximum Special Tax Rate will increase by 5.0%. Page 181 of 250 Community Facilities District No. 2022-02 (Industrial Area Services) 2 Fiscal Year 2023/24 ATTACHMENT 30 COMMUNITY FACILITIES DISTRICT NO. 2022-02 INDUSTRIAL AREA SERVICES Maximum Special Tax and Actual Special Tax for Fiscal Year 2023/24 Propert y Land Us e Maximum Spec ial Tax Rate Ac tual Spec ial Tax Rate Per Ac re/ADU/Parcel Indus trial Property $6,144.60 $5,852.00 Acre Mix ed Us e Property $12,631.50 $12,030 Acre Ac ces sory Dwelling Units $768.08 $731.50 ADU Undeveloped Property $210.00 $200.00 Parc el Ta x Zone No. 1 Proposed Sources and Uses of Funds Fi scal Year 2023/24 Budget Sources Taxes: Estimated Assessments, Net of Esti mated Delinquencies 707,150$ Total Proposed Sources 707,150 Uses Assessment Admini strati on 20 Total Proposed Uses 20 Contribution to/(Use of) Fund Balance 707,130$ FY 2023/24 Annexations Original Formation APN Formation Date Total Units/Acres Property Type CFD 2022-02 0229-283-50 & 51 6/1/2022 89.87 Comme rci al /Industri al Annexation No.APN Annexation Date Total Units/Acres Property Type Annexation 2023-1 0229-291-46 & 54 3/15/2023 35.73 Comme rci al /Industri al Page 182 of 250 Community Facilities District No. 2022-02 (Industrial Area Services) 3 Fiscal Year 2023/24 ATTACHMENT 30Page 183 of 250 Resolution No. 2023-XXX – Page 1 of 2 ATTACHMENT 31 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2023/24 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS WHEREAS, the City Council of the City of Rancho Cucamonga, California, previously undertook proceedings to authorize the levy and imposition of benefit assessments to pay for the annual drainage maintenance, including the removal of sediment and debris from the Day Canyon Channel improvements and basin, pursuant to the terms and provisions of the “Benefit Assessment Act of 1982”, being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California (commencing with Section 54703), said area of benefit being known and designated as Drainage Area No. 91-2 (the “Drainage Area”); and WHEREAS, at this time there has been presented to this City Council an annual Supplemental Report (the “Supplemental Report”) to the Final Engineer’s Report for the Drainage Area setting forth a description of the proposed service, cost estimate and assessment schedule for Fiscal Year 2023/24; and WHEREAS, at this time this City Council desires to determine the cost of providing authorized services to be financed by the levy of a benefit assessment for Fiscal Year 2023/24 and to determine and impose such benefit assessment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the Supplemental Report is hereby approved and ordered to be kept on file in the Office of the City Clerk as a permanent record and to remain open for public inspection. Said Supplemental Report generally consists of the following: A. A description of the service proposed to be financed through revenue derived through the levy and collection of the benefit assessment; B. A description of each lot or parcel of property proposed to be subject to the benefit assessment; and C. The amount of the proposed assessment for each parcel. SECTION 3: That the rate and method of apportionment of the benefit assessment as set forth in the Final Engineer’s Report is hereby adopted and has been utilized as the rate and method of apportionment of the benefit assessment to be levied in Fiscal Year 2023/24. SECTION 4: That this City Council hereby determines and orders that the benefit assessments described in the Supplemental Report within the Drainage Area are hereby confirmed and levied for Fiscal Year 2023/24. SECTION 5: That the above confirmed and levied benefit assessment for Fiscal Year 2023/24 shall be collected at the same time and in the same manner as general County property taxes are collected and all laws providing for the collection and enforcement of such County taxes shall be applicable to the collection and enforcement of these benefit assessments. Page 184 of 250 Resolution No. 2023-XXX – Page 2 of 2 ATTACHMENT 31 PASSED, APPROVED, AND ADOPTED this _______ day of ___________ 2023. Page 185 of 250 Page 186 of 250 Page 187 of 250 Page 188 of 250 Page 189 of 250 Page 190 of 250 Page 191 of 250 Page 192 of 250 Page 193 of 250 Page 194 of 250 Page 195 of 250 The DATE:July 5, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Noah Daniels, Finance Director Kelly Guerra, Special Districts Analyst SUBJECT:Consideration of Resolutions Approving the Special Tax Levy for Community Facilities Districts Nos. 85-1 and 88-1 for Fiscal Year 2023/24. (RESOLUTION NOS. FD 2023-030 AND FD 2023-031) (FIRE) RECOMMENDATION: Staff recommends that the Fire Board adopt the Resolutions approving the special tax levy for Community Facilities Districts Nos. 85-1 and 88-1 (each a "District" and collectively the "Districts") for the Fiscal Year 2023/24. BACKGROUND: Annually, before the County's direct assessment enrollment deadline in August, the Fire Board must adopt a Resolution approving the special tax levy as reflected in each District's respective Annual Status Report. If approved, staff will file the certified list of all parcels subject to the special tax levy for each District with the County of San Bernardino to be included in the property owners’ property tax billings. ANALYSIS: Each District has specific facilities based on its boundaries and the community it serves. Annually, staff performs a financial analysis of the revenues and expenditures to ensure the financial stability of each District, which takes into account the current operational requirements as well as the expected needs for future capital improvements in the Districts. Staff rate recommendations are intended to meet the Districts' operational and capital improvement needs for the upcoming Fiscal Year 2023/24. The recommended rates are impacted by numerous external factors, such as inflation, increased calls for service, and current and future capital improvement. A summary of the analysis for each District for Fiscal Year 2023/24: •An increase from $144.12 to $154.21, or 7.0% but below the maximum allowable rate of $208.29, is recommended for CFD 85-1. This increase is necessary due to rising operating costs for the District and capital improvement expenditures. The District projects a shortfall of $943,043, which is covered by the District reserves. This shortfall includes the budgeted capital improvement spending of $647,920 for the ADA improvements at Fire Station 174. The increased personnel costs associated with staffing Fire Station 178 are offset by the contribution of $2,735,990 from the Fire District General Fund and do not contribute to the District's operating deficit. Page 196 of 250 Page 2 1 9 1 4 •An increase from $144.12 to $154.21, or 7.0% but below the maximum allowable rate of $1,761.92, is recommended for CFD 88-1. This increase is necessary as operating costs have risen similarly to CFD 85-1. Several years ago, the Fire Board approved a rate reduction for CFD 88-1 to establish tax uniformity with CFD 85-1 for the property owners in both Districts. Consequently, during each budget process, the Fire District General Fund approves a fixed amount to support the District's operations and maintenance. For Fiscal Year 2023/24, the General Fund will contribute $2,450,600 to CFD 88-1 to support operations. The table below summarizes the special tax levy (for a single-family residence) for each District for Fiscal Year 2023/24. The recommended rates comply with and are below the maximum rate allowed by the District. District Current Levy Recommended Levy Maximum Levy Notes CFD 85-1 $144.12 $154.21 $208.29 7.0% increase to reflect operating costs and capital improvement project. CFD 88-1 $55.43 to $144.12 $59.31 to $154.21 $674.49 to $1,761.92 7.0% increase to reflect operating costs. FISCAL IMPACT: The special tax revenues collected for each District are solely used for the services and administration costs related to that specific District. The District's Annual Status Report details the estimated expenses for administration, personnel services, and maintenance and operations within the Districts. As mentioned earlier, the Fire District General Fund's contribution to CFD 88-1 was approved and budgeted by the Fire Board during the budget approval process. 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 special taxes to provide public services and administrative costs for the Districts. ATTACHMENTS: Attachment 1 – Resolution CFD 85-1 Attachment 2 – Annual Status Report - CFD 85-1 Attachment 3 – Resolution CFD 88-1 Attachment 4 – Annual Status Report - CFD 88-1 Page 197 of 250 Resolution No. FD 2023-XXX - Page 1 of 5 ATTACHMENT 1 RESOLUTION NO. FD 2023-XXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2023/24 WHEREAS,the Board of Directors of the Rancho Cucamonga Fire Protection District, California, (formerly Foothill Fire Protection District, hereinafter referred to as the "legislative body"), (a) initiated proceedings in 1985 to (i) form the Foothill Fire Protection District Community Facilities District No. 85-1 (“CFD No. 85-1”) and (ii) authorize the levy of special taxes within CFD No. 85-1; (b) held a public hearing regarding the foregoing and formed CFD No. 85-1; and (c) conducted an election on December 10, 1985, and more than two-thirds (2/3) of the qualified electors voted in favor of a proposition authorizing the levy of special taxes in CFD No. 85-1, 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”); and WHEREAS,this legislative body, by ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the annual levy of a special tax to pay for costs and expenses related to said CFD No. 85-1 at the rate and apportion the special tax in the manner specified in the resolution adopted pursuant to Article 2 (commencing with Section 53318 of the Government Code), except that this Board of Directors may levy the special tax at a lower rate; and WHEREAS,this Board of Directors desires to levy a special tax in the CFD No. 85-1 for the Fiscal Year 2023/24 NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HEREBY RESOLVES: SECTION 1: Levy of Special Tax. That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the Fiscal Year 2023/24 for the CFD No. 85-1 is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "A". SECTION 2: Exempt Properties. That properties or entities of the State, Federal or other local governments shall be exempt from such special tax. SECTION 3: Use of Special Tax. That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: (a) The construction, acquisition, expansion and/or rehabilitation of public facilities, within or for the benefit of the CFD No. 85-1 generally described as follows: Fire protection and suppression facilities and appurtenances, including equipment, real property and other tangible property with an estimated useful life of five years or longer. (b) The services to be provided within the CFD No. 85-1 are generally described as follows: The performance by employees of functions, operations and maintenance and repair activities in order to provide fire protection within the CFD No. 85-1. (c) The repayment of advances and loans. The special tax shall be used solely for the purposes specified above and for no other purpose. Page 198 of 250 Resolution No. FD 2023-XXX - Page 2 of 5 ATTACHMENT 1 SECTION 4: Annual Adjustment in Maximum Special Tax. Pursuant to authorization of the qualified electorate, this Board of Directors hereby declares that it shall annually adjust the maximum special tax based upon the lesser of: (a) changes in cost of living; or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code occurring within the CFD No. 85-1 in the immediately preceding fiscal year. (c) The maximum authorized special tax rates are set forth in the attached referenced and incorporated Exhibit “B” SECTION 5: Collection of Special Tax. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes. PASSED, APPROVED, AND ADOPTED this ______ day of ___________ 2023. Page 199 of 250 Resolution No. FD 2023-XXX - Page 3 of 5 ATTACHMENT 1 EXHIBIT "A" ACTUAL SPECIAL TAX FOR FISCAL YEAR 2023/24 IN MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Structures Actual Annual Special Tax Residential $154.21 per DU Multi-Fam ily Res idential 2 DU 1.75 ($154.21) 3 DU 2.25 ($154.21) 4 DU 2.65 ($154.21) 5 - 14 DU 2.65 ($154.21) + {0.35 (TU-4) ($154.21)} 15 - 30 DU 6.15 ($154.21) + {0.30(TU - 14) ($154.21)} 31 - 80 DU 10.65 ($154.21) + {0.25(TU - 30) ($154.21)} 80 - up DU 23.15 ($154.21) + {0.20(TU - 80) ($154.21)} Comm eric al Industrial Note:DU = Dwelling Unit TU = Total Units SF = Building Square Foot $154.21 per acre + 0.083 per SF $154.21 per acre + 0.1.02 per SF Reduction Commercial and industrial structures shall be granted a $0.01 reduction in the special tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a $0.01 reduction (not cumulative) in special tax for each separate floor above or below the main ground floor of the structure. Page 200 of 250 Resolution No. FD 2023-XXX - Page 4 of 5 ATTACHMENT 1 EXHIBIT "B" MAXIMUM SPECIAL TAX FOR FISCAL YEAR 2023/24 IN MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Per Capita Cos t of Fiscal Year M ax im um Special Tax Liv ing Change 2022/23 Base Fis cal Year 2023/24 1.0457%$199.19 DU $208.29 DU M ax im um Annual Spec ial Tax Structures Fis c al Year 2022/23 Res idential $208.29 per DU Multi-Family Residential 2 DU 1.75 ($208.29) 3 DU 2.25 ($208.29) 4 DU 2.65 ($208.29) 5 - 14 DU 2.65 ($208.29) + {0.35 (TU-4) ($208.29)} 15 - 30 DU 6.15 ($208.29) + {0.30(TU - 14) ($208.29)} 31 - 80 DU 10.65 ($208.29) + {0.25(TU - 30) ($208.29)} 80 - Up DU 23.15 ($208.29) + {0.20(TU - 80) ($208.29)} Comm eric al Industrial Note:DU = Dwelling Unit TU = Total Units SF = Building Square Footage ($208.29) per acre + (0.108) per SF ($208.29) per acre + (0.134) per SF ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2023, and each July 1st thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. Page 201 of 250 Resolution No. FD 2023-XXX - Page 5 of 5 ATTACHMENT 1 REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on developed property; provided that the Special Tax shall not be levied until a “Certification of Occupancy” or “Utility Release” has been issued by the appropriate governmental agencies. Developed property is defined to be property: •Which is not owned by a public or governmental agency •Which is not vacant •Where a certificate of occupancy or utility release from the City of Rancho Cucamonga or the County of San Bernardino has been issued •Which has an existing building or structure onsite •Which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities – these properties are exempt. Areas granted as easements to power transmission towers, railroad tracks, and flood control facilities shall be subtracted from the total acreage of the underlying lot and shall be exempt. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services – Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Page 202 of 250 ATTACHMENT 2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 (FOOTHILL FIRE PROTECTION DISTRICT) ANNUAL STATUS REPORT JULY 2023 Page 203 of 250 Community Facilities District No. 85-1 1 Fiscal Year 2023/24 ATTACHMENT 2 BACKGROUND On December 10, 1985, the electors within the boundary of Community Facilities District No. 85-1 (CFD No. 85-1) the Rancho Cucamonga Fire Protection District (formerly Foothill Fire Protection District, the “District”) voted in favor of a proposition to authorize the levy of a special tax for fire suppression services and facilities, to establish an appropriations limit and to annually adjust the special tax and appropriations limit based upon changes in the cost of living and changes in population. CFD No. 85-1 is bounded generally on the north by the 210 Freeway, on the east by Etiwanda, on the south by 4th and on the west by Archibald. The maximum special tax shall be annually adjusted for the lesser of (a) changes in cost of living; or (b) changes in the cost of living and changes in population as defined in Section 7901 of the Government Code, as amended. Fiscal Year 2023/24, the maximum tax rate which could be levied is adjusted per (b) changes in the cost of living and changes in population. The maximum tax rate will increase from $199.19 to $208.29, or 4.57%. The actual assessment rate will increase from $144.12 to $154.21 per single-family residence, an increase of 7.0% as compared to Fiscal Year 2022/23. Page 204 of 250 Community Facilities District No. 85-1 2 Fiscal Year 2023/24 ATTACHMENT 2 COMMUNITY FACILITIES DISTRICT NO. 85-1 (FOOTHILL FIRE PROTECTION DISTRICT) ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023/24 Structures Actual Annual Special Tax Res idential $154.21 per DU Multi-Family Res idential 2 DU 1.75 ($154.21) 3 DU 2.25 ($154.21) 4 DU 2.65 ($154.21) 5 - 14 DU 2.65 ($154.21) + {0.35 (TU-4) ($154.21)} 15 - 30 DU 6.15 ($154.21) + {0.30(TU - 14) ($154.21)} 31 - 80 DU 10.65 ($154.21) + {0.25(TU - 30) ($154.21)} 80 - up DU 23.15 ($154.21) + {0.20(TU - 80) ($154.21)} Com m eric al Industrial Note:DU = Dwelling Unit TU = Total Units SF = Building Square Foot $154.21 per acre + 0.083 per SF $154.21 per acre + 0.1.02 per SF Reduction Commercial and industrial structures shall be granted a $0.01 reduction in the special tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a $0.01 reduction (not cumulative) in special tax for each separate floor above or below the main ground floor of the structure. Page 205 of 250 Community Facilities District No. 85-1 3 Fiscal Year 2023/24 ATTACHMENT 2 COMMUNITY FACILITIES DISTRICT NO. 85-1 (FOOTHILL FIRE PROTECTION DISTRICT) PROPOSED SOURCES AND USES OF FUNDS Fiscal Year 2023/24 Budget Sources Taxes: Estimated Assessments, Net of Estimated Delinquenci es 6,914,950$ Antici pated Pri or Year Delinquenci es C ollection 24,150 Subtotal - Taxes 6,939,100 Interest Revenue 58,790 Transfers In 2,735,990 Total Proposed Sources 9,733,880 U ses Communications 445,880 Fire Suppression 9,075,680 Fire Stati on Operations and Maintenance 150,370 Vehi cle and Equipment Maintenance 28,000 Capi tal Expendi tures 647,920 Admin./General Overhead 329,070 Total Proposed Uses 10,676,920 C ontribution to/(U se of) Fund Balance (943,040)$ Page 206 of 250 Community Facilities District No. 85-1 4 Fiscal Year 2023/24 ATTACHMENT 2Page 207 of 250 Resolution No. FD 2023-XXX - Page 1 of 4 ATTACHMENT 3 RESOLUTION NO. FD 2023-XXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL YEAR 2023/24 WHEREAS,the Board of Directors of the Rancho Cucamonga Fire Protection District, California, (formerly Foothill Fire Protection District, hereinafter referred to as the "legislative body"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a 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. This community facilities district shall hereinafter be referred to as Community Facilities District No. 88-1 (hereinafter referred to as the "CFD No. 88-1"); and WHEREAS,this legislative body, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said CFD No. 88-1, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year and to adjust the maximum special tax authorization to be levied. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023/24 for the referenced CFD No. 88-1 is hereby determined and established as set forth in the attached, referenced, and incorporated Exhibit "A". SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the CFD No. 88-1. SECTION 4: That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness, if any; B. Necessary replenishment of bond reserve funds or other reserve funds, including sinking funds; C. Payment of costs and expenses of authorized public facilities and public services, including the administration of the special tax levy; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: That the maximum authorized special tax rates for all developed properties are hereby adjusted pursuant to Ordinance No. 17. The maximum authorized special tax rates are set forth in the attached, referenced, and incorporated Exhibit "B". SECTION 6: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in Page 208 of 250 Resolution No. FD 2023-XXX - Page 2 of 4 ATTACHMENT 3 cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 7: All monies above collected shall be paid into the CFD No. 88-1 funds, including any bond fund and reserve fund. SECTION 8: The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked "public improvements," "special tax" or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax reference is made to the attached Exhibit "A". SECTION 9: The County Auditor shall then, at the close of the tax collection period, promptly render to the Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. PASSED, APPROVED, AND ADOPTED this _______ day of ___________ 2023. Page 209 of 250 Resolution No. FD 2023-XXX - Page 3 of 4 ATTACHMENT 3 EXHIBIT "A" SPECIAL TAX FOR FISCAL YEAR 2023/24 IN COMMUNITY FACILITIES DISTRICT NO. 88-1 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT SPECIAL T AX LEVY SPECIAL T AX LEVY T AXING CLASSIFICAT ION FISCAL YEAR 2022/23 FISCAL YEAR 2023/24 1. DEVELOPED PROPERT Y A. Res idential Class I $144.12 $154.21 (more than 3,590 SF) B. Res idential Class II 110.86 118.62 (3,077 to 3,589 SF) C. Res idential Class III 88.69 94.90 (2,564 to 3,076 SF) D. Res idential Class IV 77.60 83.03 (2,308 to 2,563 SF) E. Res idential Class V 66.52 71.17 (2,051 to 2,307 SF) F. Res idential Class VI 60.97 65.24 (1,795 to 2,050 SF) G. Res idential Class VII 55.43 59.31 (less than 1,795 SF) Commerical/Industrial Property $221.72 per ac re or $0.061 $237.24 per acre or $0.065 per sq.ft of building area,per s q.ft of building area, whic hever is greater whichever is greater 2. APPROVED PROPERT Y $99.77 per lot or parc el $106.75 per lot or parcel 3. VACANT PROPERT Y $5.54 per acre $5.93 per acre SF = Square Feet Page 210 of 250 Resolution No. FD 2023-XXX - Page 4 of 4 ATTACHMENT 3 EXHIBIT "B" SPECIAL TAX FOR FISCAL YEAR 2023/24 IN COMMUNITY FACILITIES DISTRICT NO. 88-1 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT MAXIMUM SPECIAL T AX RAT E T AXING CLASSIFICAT ION FISCAL YEAR 2022/23 FISCAL YEAR 2023/24 1. DEVELOPED PROPERT Y A. Residential Class I $1,684.92 $1,761.92 (more than 3,590 SF) B. Residential Class II 1,291.99 1,351.03 (3,077 to 3,589 SF) C. Residential Class III 1,031.03 1,078.14 (2,564 to 3,076 SF) D. Residential Class IV 903.69 944.98 (2,308 to 2,563 SF) E. Residential Class V 773.33 808.67 (2,051 to 2,307 SF) F. Residential Class VI 714.28 746.92 (1,795 to 2,050 SF) G. Residential Class VII 645.02 674.49 (les s than 1,795 SF) Com m erical/Industrial Property $2,593.32 per acre or $0.20964 $2,711.83 per ac re or $0.21922 per sq.ft of building area,per sq.ft of building area, whichever is greater whic hever is greater 2. APPROVED PROPERT Y $200 per lot or parc el $200 per lot or parcel 3. VACANT PROPERT Y $10.00 per acre $10.00 per acre SF = Square Feet NOTE: Escalation of maximum special rate. Calculation formula Fiscal Year 2023/24. Population CPI* Change Change Fac tor 1 X 1.0457 =1.0457 *CPI - California Per Capita Personal Income Page 211 of 250 ATTACHMENT 4 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 88-1 (FIRE PROTECTION DISTRICT) ANNUAL STATUS REPORT JULY 2023 Page 212 of 250 Community Facilities District No. 88-1 1 Fiscal Year 2023/24 ATTACHMENT 4 BACKGROUND On April 4, 1989, the qualified voters approved the formation of Mello-Roos Community Facilities District No. 88-1 (“CFD No. 88-1”) and authorized CFD No. 88-1 to annually levy a special tax to provide for fire protection services within northeast Etiwanda. On May 19, 1989, the Board of Directors of the Rancho Cucamonga Fire Protection District (formerly Foothill Fire Protection District) adopted an Ordinance authorizing the CFD No. 88-1, by Resolution, to annually levy a special tax in CFD No. 88-1 for purposes of land acquisition, fire station construction, purchase of equipment and operations and maintenance costs for fire protection services. CFD No. 88-1 is located within the boundaries of Highland, Cherry, Day Creek Channel and the San Bernardino National Forest. The maximum special tax shall be annually adjusted for the lesser of (a) changes in cost of living; or (b) changes in the cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. Fiscal Year 2023/24, the maximum tax rate which could be levied is adjusted per (b) changes in the cost of living and changes in population. The maximum tax rate will increase from $1,684.92 to $1,761.92, or 4.57%. The actual assessment rate will increase from $144.12 to $154.21, an increase of 7.0% as compared to Fiscal Year 2022/23. Page 213 of 250 Community Facilities District No. 88-1 2 Fiscal Year 2023/24 ATTACHMENT 4 COMMUNITY FACILITIES DISTRICT NO. 88-1 (FIRE PROTECTION DISTRICT) ANNUAL SPECIAL TAX FISCAL YEAR 2023/24 SPECIAL T AX LEVY SPECIAL T AX LEVY T AXING CLASSIFICAT ION FISCAL YEAR 2022/23 FISCAL YEAR 2023/24 1. DEVELOPED PROPERT Y A. Res idential Class I $144.12 $154.21 (more than 3,590 SF) B. Res idential Class II 110.86 118.62 (3,077 to 3,589 SF) C. Res idential Class III 88.69 94.90 (2,564 to 3,076 SF) D. Res idential Class IV 77.60 83.03 (2,308 to 2,563 SF) E. Res idential Class V 66.52 71.17 (2,051 to 2,307 SF) F. Res idential Class VI 60.97 65.24 (1,795 to 2,050 SF) G. Res idential Class VII 55.43 59.31 (less than 1,795 SF) Commeric al/Indus trial Property $221.72 per acre or $0.061 $237.24 per acre or $0.065 per sq.ft of building area,per sq.ft of building area, whichever is greater whichever is greater 2. APPROVED PROPERT Y $99.77 per lot or parc el $106.75 per lot or parc el 3. VACANT PROPERT Y $5.54 per acre $5.93 per acre SF = Square Feet Page 214 of 250 Community Facilities District No. 88-1 3 Fiscal Year 2023/24 ATTACHMENT 4 COMMUNITY FACILITIES DISTRICT NO. 88-1 (FIRE PROTECTION DISTRICT) PROPOSED SOURCES AND USES OF FUNDS Fiscal Year 2023/24 Budget Sources Taxes: Esti mated Assessments, Net of Esti mated Deli nquenci es 448,170$ Anti ci pated Prior Year Delinquencies Collection 7,220 Subtotal - Taxes 455,390 Transfers In 2,450,600 Total Proposed Sources 2,905,990 U ses Communicati ons 111,490 Fi re Suppressi on 2,618,080 Fi re Station Operati ons and Maintenance 46,310 Admi n./General Overhead 130,110 Total Proposed U ses 2,905,990$ Page 215 of 250 Community Facilities District No. 88-1 4 Fiscal Year 2023/24 ATTACHMENT 4Page 216 of 250 DATE:July 5, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Noah Daniels, Finance Director Darci Vogel, Fire Business Manager Kelly Guerra, Special Districts Analyst SUBJECT:Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 85-1, Annexation No. 23-1, and Ordering the Annexation of Such Property Located at 12981, 12987, 12997, 13003, and 13045 Whittram Avenue in Community Facilities District No. 85-1. (RESOLUTION NO. FD 2023-027) (FIRE) RECOMMENDATION: Staff recommends the Fire Board approve a resolution declaring results of a special election in Community Facilities District No. 85-1, Annexation No. 23-1, and ordering the annexation of property located at 12981, 12987, 12997, 13003, and 13045 Whittram Avenue (the “Annexation Territory”) to Community Facilities District No. 85-1. BACKGROUND: Patriot Development Partners, property owner of APN 0229-162-04 (12987 Whittram Avenue), APN 0229-162-05 (13045 Whittram Avenue), APN 0229-162-11 (12997 Whittram Avenue), APN 0229-162-12 (13003 Whittram Avenue), and APN 0229-162-13 (12981 Whittram Avenue) located within the Fire Protection District (the "Territory"), is conditioned by the 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 May 17, 2023, the Board declared its intention to annex APN 0229-162-04, APN 0229-162- 05, APN 0229-162-11, APN 0229-162-12, and APN 0229-162-13 into CFD No. 85-1. On June 21, 2023, 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 June 21, 2023. ANALYSIS: On June 21, 2023, 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 Page 217 of 250 Page 2 1 9 2 5 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. FISCAL IMPACT: The special tax revenues that are collected of the CFD No. 85-1 are used to pay for public facilities and services in the District area. Costs related to the administering of the District are the responsibility of the property owners within the District. Annexation of the property will ensure the property owner covers the cost of increased demand for fire services resulting from new development within the Territory. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. Annexation of the property into CFD 85-1 ensures the delivery of vital fire and life safety services to all residents while satisfying fire protection service mitigation impacts. ATTACHMENTS: Attachment 1 – Resolution No. FD 2023-027, Annexation 23-1 Election Results Page 218 of 250 Resolution No. FD 2023-XXX Page 1 of 2 ATTACHMENT 1 RESOLUTION NO. FD 2023-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. 23-1 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. 23-1 ("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. Page 219 of 250 Resolution No. FD 2023-xxx - Page 2 of 3 ATTACHMENT 1 PASSED, APPROVED AND ADOPTED this ________ day of _________________ 2023. Page 220 of 250 Resolution No. FD 2023-xxx - Page 3 of 3 ATTACHMENT 1 EXHIBIT “A” CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST Page 221 of 250 DATE:July 5, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Noah Daniels, Finance Director Darci Vogel, Fire Business Manager Kelly Guerra, Special Districts Analyst SUBJECT:Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 85-1, Annexation No. 23-2, and Ordering the Annexation of Such Property Located at 13261 Arrow Route in Community Facilities District No. 85-1. (RESOLUTION NO. FD 2023-028) (FIRE) RECOMMENDATION: Staff recommends the Fire Board approve a resolution declaring results of a special election in Community Facilities District No. 85-1, Annexation No. 23-2, and ordering the annexation of property located at 13261 Arrow Route (the “Annexation Territory”) to Community Facilities District No. 85-1. BACKGROUND: Philip Wong and Raymond Chan, property owners of APN 0229-171-28 (13261 Arrow Route) located within the Fire Protection District (the "Territory"), are conditioned by the 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 May 17, 2023, the Board declared its intention to annex APN 0229-171-28 into CFD No. 85- 1. On June 21, 2023, 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 June 21, 2023. ANALYSIS: On June 21, 2023, 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 222 of 250 Page 2 1 9 2 6 FISCAL IMPACT: The special tax revenues that are collected of the CFD No. 85-1 are used to pay for public facilities and services in the District area. Costs related to the administering of the District are the responsibility of the property owners within the District. Annexation of the property will ensure the property owner covers the cost of increased demand for fire services resulting from new development within the Territory. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. Annexation of the property into CFD 85-1 ensures the delivery of vital fire and life safety services to all residents while satisfying fire protection service mitigation impacts. ATTACHMENTS: Attachment 1 – Resolution No. FD 2023-028, Annexation 23-2 Election Results Page 223 of 250 Resolution No. FD 2023-XXX Page 1 of 2 ATTACHMENT 1 RESOLUTION NO. FD 2023-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. 23-2 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. 23-2 ("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. Page 224 of 250 Resolution No. FD 2023-xxx - Page 2 of 3 ATTACHMENT 1 PASSED, APPROVED AND ADOPTED this ________ day of _________________ 2023. Page 225 of 250 Resolution No. FD 2023-xxx - Page 3 of 3 ATTACHMENT 1 EXHIBIT “A” CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST Page 226 of 250 DATE:July 5, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Noah Daniels, Finance Director Darci Vogel, Fire Business Manager Kelly Guerra, Special Districts Analyst SUBJECT:Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 85-1, Annexation No. 23-3, and Ordering the Annexation of Such Property Located at 8629 Pecan Avenue in Community Facilities District No. 85-1. (RESOLUTION NO. FD 2023-029) (FIRE) RECOMMENDATION: Staff recommends the Fire Board approve a resolution declaring results of a special election in Community Facilities District No. 85-1, Annexation No. 23-3, and ordering the annexation of property located at 8629 Pecan Avenue (the “Annexation Territory”) to Community Facilities District No. 85-1. BACKGROUND: John Gaytan, property owner of 0229-151-27 (8629 Pecan Avenue), located within the Fire Protection District (the "Territory"), is conditioned by the 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 May 17, 2023, the Board declared its intention to annex APN 0229-151-27 into CFD No. 85- 1. On June 21, 2023, 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 June 21, 2023. ANALYSIS: On June 21, 2023, 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 227 of 250 Page 2 1 9 2 7 FISCAL IMPACT: The special tax revenues that are collected of the CFD No. 85-1 are used to pay for public facilities and services in the District area. Costs related to the administering of the District are the responsibility of the property owners within the District. Annexation of the property will ensure the property owner covers the cost of increased demand for fire services resulting from new development within the Territory. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. Annexation of the property into CFD 85-1 ensures the delivery of vital fire and life safety services to all residents while satisfying fire protection service mitigation impacts. ATTACHMENTS: Attachment 1 – Resolution No. FD 2023-029, Annexation 23-3 Election Results Page 228 of 250 Resolution No. FD 2023-XXX Page 1 of 2 ATTACHMENT 1 RESOLUTION NO. FD 2023-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. 23-3 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. 23-3 ("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. Page 229 of 250 Resolution No. FD 2023-XXX - Page 2 of 3 ATTACHMENT 1 PASSED, APPROVED AND ADOPTED this ________ day of _________________ 2023. Page 230 of 250 Resolution No. FD 2023-XXX - Page 3 of 3 ATTACHMENT 1 EXHIBIT “A” CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST Page 231 of 250 DATE:July 5, 2023 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Robert Neiuber, Senior Human Resources Director SUBJECT:Consideration to Approve a Resolution Establishing Orderly Procedures for the Administration of Employer-Employee Relations Between the District and its Employee Organizations. (RESOLUTION NO. FD 2023- 032) (FIRE) RECOMMENDATION: Staff recommends the Fire Board of the Rancho Cucamonga Fire Protection District approve the attached resolution establishing orderly procedures for the administration of Employer-Employee Relations between the District and its employee organizations. BACKGROUND: The Rancho Cucamonga Fire District (District) does not currently have an Employer-Employee Relations Resolution (EERR) establishing orderly procedures for the administration of Employer- Employee Relations between the District and its employee organizations. Staff is bringing this forward now to address a request from Fire Management Employees Group to establish an appropriate unit for the Fire Business Manager position. ANALYSIS: While relations between the District and its recognized employee groups have been positive, best practices dictate that the District adopt such a resolution to assure timely, consistent, and orderly administration of employer-employee relations. Bargaining units in effect as of the effective date of the EERR (the Rancho Cucamonga Firefighters Local 2274, the Fire Support Services Association, and the Fire Management Employees Group) shall continue in effect. Staff met and consulted with all the Fire District’s recognized employee organizations and are bringing the EERR forward with their approval. FISCAL IMPACT: There is no fiscal impact resulting from the EERR. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the Council’s core value of working cooperatively and respectfully with one another, and intentionally embracing and anticipating the future by taking actions to further attract and retain an exceptional workforce. ATTACHMENTS: Attachment 1 – Resolution No. FD2023-032 (FIRE) Page 232 of 250 Resolution No. FD 2023-XXX - Page 1 of 12 RESOLUTION NO. FD 2023-XXX A RESOLUTION OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, ESTABLISHING ORDERLY PROCEDURES FOR THE ADMINISTRATION OF EMPLOYER- EMPLOYEE RELATIONS BETWEEN THE DISTRICT AND ITS EMPLOYEE ORGANIZATIONS WHEREAS, Government Code Sections 3507 and 3507.5 empower a Fire District to adopt reasonable rules and regulations after consultation in good faith with representatives of its employee organizations for the administration of employer-employee relations; and WHEREAS, The Ranch Cucamonga Fire Protection District desires to establish an orderly procedures for administering employer-employee relations between the District and its various recognized employee organizations; and WHEREAS, this Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) otherwise known as the Meyers- Milias-Brown Act; and WHEREAS, This Resolution shall be known as the Employer-Employee Relations Resolution of the Rancho Cucamonga Fire Protection District; NOW, THEREFORE, BE IT RESOLVED: Article I -- General Provisions Sec. 1.Statement of Purpose: This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations," (the Meyers-Milias-Brown Act) by providing orderly procedures for the administration of employer-employee relations between the District and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of state law, ordinances, resolutions and rules which establish and regulate the civil service system, or which provide for other methods of administering employer- employee relations. This Resolution is intended, instead, to strengthen civil service and other methods of administering employer- employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the District. It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly and significantly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law. However, nothing herein shall be construed to restrict any legal or inherent exclusive District rights with respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; determine the content of job classifications; subcontract work; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. ATTACHMENT 1 Page 233 of 250 Resolution No. FD 2023-XXX - Page 2 of 12 Sec. 2.Definitions: As used in this Resolution, the following terms shall have the meanings indicated: (a)"Appropriate unit" means a unit of employee classes or positions, established pursuant to Article II hereon. (b)"District" means the Rancho Cucamonga Fire Protection District, and, where appropriate herein, refers to the District Board or any duly authorized District representative as herein defined. (c)"Confidential Employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the District's administration of employer-employee relations. (d)"Consult/Consultation in Good Faith" means to communicate orally or in writing with all affected recognized employee organizations for the purpose of presenting and obtaining views or advising of proposed actions in a good faith effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of the meet and confer process, does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof. (e)"Day" means calendar day unless expressly stated otherwise. (f)"Employee Relations Officer" means the City Manager or his/her duly authorized representative. (g)"Exclusively Recognized Employee Organization" means an employee organization which has been formally acknowledged by the District as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees. Such recognition status may only be challenged by another employee organization as set forth in Article II section 8. (h)"Impasse" means that the representatives of the District and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. (i)"Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of District policies and programs. (j)"Proof of Employee Support" means (1) an authorization card recently signed and personally dated by an employee, provided that the card has not been subsequently revoked in writing by the employee (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorizations, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within ninety (90) days prior to the filing of such proof of support. Page 234 of 250 Resolution No. FD 2023-XXX - Page 3 of 12 (k)"Supervisory Employee" means any employee having authority, in the interest of the District, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (I)Terms not defined herein shall have the meanings as set forth in the MMBA. Article II -- Representation Proceedings Sec. 3. Filing of Recognition Petition by Employee Organization: An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: (a)Name and address of the employee organization. (b)Names and titles of its officers. (c)Names of employee organization representatives who are authorized to speak on behalf of the organization. (d)A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the District. (e)A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization. (f)Certified copies of the employee organization's constitution and bylaws. (g)A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. (h)A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition. (i)The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. (j)A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the District. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. (k)A request that the Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. Page 235 of 250 Resolution No. FD 2023-XXX - Page 4 of 12 Sec. 4.District Response to Recognition Petition: Upon receipt of the Petition, the Employee Relations Officer shall determine whether: (a)There has been compliance with the requirements of the Recognition Petition, and (b)The proposed representation unit is an appropriate unit in accordance with Sec. 9 of this Article 11. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he/she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Sec. 12 of this Resolution. Sec. 5.Open Period for Filing Challenging Petition: Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Sec. 3 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Sec. 9 of this Article II.The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Sec. 12 of this Article 11. Sec. 6.Granting Recognition Without an Election: If the Petition is in order, and the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer shall request the California State Mediation and Conciliation Service, or another agreed upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the Employee Relations Officer shall formally acknowledge the petitioning employee organization as the Exclusive Recognized Employee Organization for the designated unit. Sec. 7.Election Procedure: Where recognition is not granted pursuant to Sec. 6, the Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with such party's rules and procedures subject to the provisions of this Resolution. Page 236 of 250 Resolution No. FD 2023-XXX - Page 5 of 12 All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the District. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the District in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election. There shall be no more than one valid election under this Resolution pursuant to any petition in a 12-month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service. Costs of conducting elections shall be borne in equal shares by the District and by each employee organization appearing on the ballot. Sec. 8. Procedure for Decertification of Exclusively Recognized Employee Organization: A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: (a)The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. (b)The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit. (c)An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. (d)Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section. Page 237 of 250 Resolution No. FD 2023-XXX - Page 6 of 12 An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent, that includes the allegation and information required under this Section 8, and otherwise conforms to the requirements of Section 3 of this Article. The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his/her determination is in the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Sec. 12 of this Article II. If the determination of the Employee Relations Officer is in the affirmative, or if his negative determination is reversed on appeal, he/she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Sec. 7 of this Article II. During the "open period" specified in the first paragraph of this Sec. 8, the Employee Relations Officer may on his/her own motion, when he/she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he/she will arrange for an election to determine that issue. In such event any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Sec. 8, which the Employee Relations Officer shall act on in accordance with this Sec. 8. If, pursuant to this Sec. 8, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term. Sec. 9. Policy and Standards for Determination of Appropriate Units: The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the District and its compatibility with the primary responsibility of the District and its employees to effectively and economically serve the public, and (2)providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: (a)Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. (b)History of representation in the District and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. (c)Consistency with the organizational patterns of the District. (d)Effect of differing legally mandated impasse resolution procedures. Page 238 of 250 Resolution No. FD 2023-XXX - Page 7 of 12 (e)Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units. (f)Effect on the classification structure and impact on the stability of the employer- employee relationship of dividing a single or related classification among two or more units. Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defined in Sec. 2 of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore managerial, supervisory and confidential employees may only be included in a unit consisting solely of managerial, supervisory or confidential employees respectively. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees. Peace Officers have the right to be represented in separate units composed solely of such peace officers. Also, under the MMBA, professional employees have the right to be represented separately from non-professional employees. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. The decision of the Employee Relations Officer shall be final. Sec. 10. Procedure for Modification of Established Appropriate Units: Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Sec. 8 of this Article II or within 30 days of the initial adoption of the Employer Employee Relations Resolution. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Sec. 3 of this Article, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Sec. 9 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article 11. The Employee Relations Officer may by his own motion propose that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Sec. 9 of this Article II and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in Section 12 of this Article. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Sec. 3 hereof. Sec. 11. Procedure for Processing Severance Requests: An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization. The timing, form and processing of such request shall be as specified in Sec. 10 for modification requests. Page 239 of 250 Resolution No. FD 2023-XXX - Page 8 of 12 Sec. 12. Appeals: An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer; or an employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Sec. 3), Challenging Petition (Sec. 5), Decertification Petition (Sec. 8), Unit Modification Petition (Sec. 10) --- or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Sec. 8) or Severance Request (Sec. 11) ---has not been filed in compliance with the applicable provisions of this Article, may, within ten (10) days of notice of the Employee Relations Officer's final decision, request to submit the matter to mediation by the State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the District Board for final decision within fifteen (15) days of notice of the Employee Relations Officer's determination or the termination of mediation proceedings, whichever is later. Appeals to the District Board shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The District Board shall commence to consider the matter within thirty (30) days of the filing of the appeal. The District Board may, in its discretion, refer the dispute to a non-binding third party hearing process. Any decision of the District Board on the use of such procedure, and/or any decision of the District Board determining the substance of the dispute shall be final and binding. Article Ill -- Administration Sec. 13. Submission of Current Information by Recognized Employee Organizations: All changes in the information filed with the District by an Exclusively Recognized Employee Organization under items (a.) through (h.) of its Recognition Petition under Sec. 3 of this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14)days of such change. Sec. 14. Employee Organization Activities -- Use of District Resources: Access to District work locations and the use of District paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memoranda of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer-employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere with the efficiency, safety and security of District operations. Sec. 15. Administrative Rules and Procedures: The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations. Page 240 of 250 Resolution No. FD 2023-XXX - Page 9 of 12 Article IV -- Impasse Procedures Sec. 16. Initiation of Impasse Procedures: If the meet and confer process has reached impasse as defined in Section 2 of this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be: (a)To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and (b)If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Sec. 17. Impasse Procedures: Impasse procedures are as follows: (a)If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. (b)If the parties agree to, and do participate in mediation, and if mediator is unable to effect settlement of the controversy, the employee organization may present a request to the District and the Public Employment Relations Board (PERB) to submit the impasse to fact-finding. This request by the employee organization to submit the impasse to fact-finding must be made no sooner than 30 days, but no later than 45 days, following the selection of a mediator by the parties. (c)If the parties do not agree to participate in mediation, the employee organization may present a request to the District and PERB to submit the impasse to fact-finding no later than 30 days following the date that either party has provided the other a written notice of declaration of impasse. (d)Within five (5) working days after PERB's determination that the request for fact- finding is sufficient, a fact-finding panel of three (3) shall be appointed in the following manner: One member of the panel shall be appointed by the Employee Relations Officer, and one member shall be appointed by the Exclusively Recognized Employee Organization. PERB shall, within five (5) working days after making its determination that the request for fact-finding is sufficient, submit the names of seven persons, drawn from the list of neutral fact-finders established pursuant to Government Code section 3541.3(d). PERB shall thereafter designate one of the seven persons to serve as the chairperson unless notified by the parties within five (5) working days that they have mutually agreed upon a person to chair the panel in lieu of a chairperson selected by PERB. (e)The following constitute the jurisdictional and procedural requirements for fact- finding: (1)The panel shall, within ten (10) days after its appointment, meet with the parties or their representatives, either jointly or separately, and may make inquiries and investigations, hold hearings, and take any other steps it deems appropriate. The panel shall have subpoena power with regard to hearings, investigations and inquiries. (2)Subject to the stipulations of the parties, the fact-finders shall consider, weigh and be guided by the following measures and criteria in arriving at their findings and recommendations: Page 241 of 250 Resolution No. FD 2023-XXX - Page 10 of 12 public agency. I.State and federal laws that are applicable to the employer. II.Local rules, regulations, or ordinances. Ill.Stipulations of the parties. IV.The interests and welfare of the public, and the financial ability of the V.Comparison of the wages, hours, and conditions of employment of the employees involved in the fact-finding proceeding with the wages, hours, and conditions of employment of other employees performing similar services in comparable public agencies. VI.The consumer price index for goods and services, commonly known as the cost of living. VII.The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays, and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received. VIII.Any other facts not confined to those specified in paragraphs (1)-(VII), inclusive, which are normally or traditionally taken into consideration in making the findings and recommendations, including, but not limited to: A.Maintaining appropriate compensation relationships between classifications and positions within the District; B.Other legislatively determined and projected demands on agency resources (i.e., budgetary priorities as established by the governing body); C.Allowance for e q u i t a b l e c o m p e n s a t i o n increases for other employees and employee groups for the corresponding fiscal period(s); D.Revenue projections not to exceed currently authorized tax and fee rates for the relevant fiscal year(s); E.Assurance of sufficient and sound budgetary reserves; and F.Constitutional, statutory, and Municipal Code limitations on the level and use of revenues and expenditures. (3)Within thirty (30) days after the appointment of the fact-finding panel, or, upon agreement by both parties within a longer period, the panel shall make written findings of fact and advisory recommendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria and limitations specified above. Any member of a fact-finding panel shall be accorded the right to file dissenting written findings of fact and recommendations. The fact-finder or chairperson of the fact-finding panel shall serve such findings and recommendations on the Employee Relations Officer and the designated representative of the Exclusively Recognized Employee Organization before they are made available to the public. (If these parties have not resolved the impasse within ten (10) days after service of the findings and recommendations upon them, the District shall make them public by submitting them to the City Clerk for consideration by the District Board in connection with the Board's legislative consideration of the impasse. Page 242 of 250 Resolution No. FD 2023-XXX - Page 11 of 12 (g)After any applicable mediation and fact-finding procedures have been exhausted, but no earlier than ten (10) days after the fact finders' written findings of fact and recommended terms of settlement have been submitted to the parties, the District Board may hold a public hearing regarding the impasse, and take such action regarding the impasse as it in its discretion deems appropriate as in the public interest, including implementation of the District's last, best and final offer. Any legislative action by the District Board on the impasse shall be final and binding. (h)The costs for the services of the panel chairperson agreed upon by the parties shall be equally divided between the parties, and shall include per diem fees, if any, and actual and necessary travel and subsistence expenses. The per diem fees shall not exceed the per diem fees stated on the chairperson's resume on file with PERB. The chairperson's bill showing the amount payable by the parties shall accompany his or her final report to the parties and PERB. The parties shall make payment directly to the chairperson. i) Any other mutually incurred costs shall be borne equally by the parties. Any separately incurred costs for the panel member selected by each party shall be borne by that party. Sec. 18. Costs of Impasse Procedures: The cost for the services of a mediator and chairperson of a fact-finding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding, shall be borne equally by the District and Exclusively Recognized Employee Organization. The cost for a fact- finding panel member selected by each party, and other separately incurred costs, shall be borne by such party. Article V -- Miscellaneous Provisions Sec. 19. Construction: This Resolution shall be administered and construed as follows: (a)Nothing in this Resolution shall be construed to deny to any person, employee, organization, the District, or any authorized officer, body or other representative of the District, the rights, powers and authority granted by federal or state law. (b)This Resolution shall be interpreted so as to carry out its purpose as set forth in Article I. (c)Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to District employees or employee organizations. Sec. 20. Severability: If any provision of this Resolution, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Page 243 of 250 Resolution No. FD 2023-XXX - Page 12 of 12 PASSED, APPROVED, AND ADOPTED _____________________________________. ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss DISTRICT OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, District Clerk of the District of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the District Board of the District of Rancho Cucamonga, at a Regular Meeting of said Board held on the ____________________. AYES: NOES: ABSENT: ABSTAINED: Executed this ____________________ at Rancho Cucamonga, California. Janice C. Reynolds, Clerk Page 244 of 250 DATE:July 5, 2023 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Elisa C. Cox, Assistant City Manager SUBJECT:Consideration of Resolution No. 2023-086, Adopting Rules of Decorum and Order that Promote Civility at All Public Meetings. (RESOLUTION NO. 2023-086) (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council and Fire Board of the Rancho Cucamonga Fire Protection District approve the resolution adopting rules of decorum and order that promote civility at all public meetings. BACKGROUND: Every year, for over two decades, the Rancho Cucamonga City Council has met one or more times a year for teambuilding. During prior meetings, the City Council has developed a Vision, Mission, and Core Values, including ethics statements and governing expectations. The City Council also has discussed team dynamics and group and individual strengths and communication styles. Finally, each year, the City Council receives an update on the prior calendar year goals and drafts new goals for the ensuing calendar year and reviews legislative matters. This year’s teambuilding took place on January 30 and June 12, 2023 at the Victoria Gardens Cultural Center. During the teambuilding sessions, City Council discussed adopting approved polices to promote civility and maintain decorum at local public meetings and aligning with recently adopted processes for governing conduct of public meetings under Senate Bill (SB) 1100 (Cortese) which was adopted by the California Legislature in 2022. ANALYSIS: In response to City Council’s direction, staff researched best practices for implementing SB 1100 and outlining recommendations for rules of decorum and order that promote civility at all public meetings. Included in Exhibit A of the attached resolution that emphasizes the City Council’s commitment to the democratic process, individual right of expression, robust debate, and tolerance for disparate views. Adopting rule of decorum and order applicable to all public meetings will help the City implement SB 1100 and ensure that civic engagement and local democracy continue to flourish in the city. After much consideration and discussion, the City Council requested a recommendation to revise the public comment time from five (5) minutes to three (3) minutes, consistent with most other Page 245 of 250 Page 2 1 9 3 2 jurisdictions in California. As public meetings are business meetings where critical decisions are discussed and implemented, public entities should endeavor to strike a balance between the public’s need to address their elected officials, while also allowing the public entity to manage meetings and complete them in a reasonably efficient manner. Public comments are valued and are conducted at the beginning of meetings for one hour, and any remaining public comment is tendered to the end of the meeting. As the City has a population of over 175,000, many of which are working professionals who commute, this enables them to speak on topics that matter most to them at a timely hour. Changing the public comment time to 3 minutes enables more people to speak, increasing the number of speakers in the hour by approximately 50% without jeopardizing the business meeting. Further, the vast majority of speakers conclude remarks under 3 minutes; however, for those speakers that prepare for 5 minutes, their time often gets reduced when there are many speakers present, and the presiding officer limits the time to 3 minutes. Standardizing the time to speak to 3 minutes enables speakers to consistently know how much time they will have, better preparing speakers to effectively convey their messages, and maximizing the number of speakers. Additional recommendations include general guidelines for all persons attending public meetings, rules of decorum, and procedures for enforcing the rules of decorum. This includes prohibiting disorderly or boisterous conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting and requiring that all remarks by members of the public be addressed to the Council, Commission, or Committee and not to any other members of the public. FISCAL IMPACT: There is no fiscal impact for implementing. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The resolution addresses the core value of intentionally embracing and anticipating the future by adopting rules of decorum and order that promote civility at all public meetings. ATTACHMENTS: Attachment 1 – Resolution No. 2023-086 Page 246 of 250 Resolution No. 2023-XXX - Page 1 of 4 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING RULES OF DECORUM AND ORDER THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS A. Recitals 1. A majority of Americans believe that our society is increasingly uncivil and that this problem is particularly acute and particularly detrimental in national, state and local political arenas where it threatens government’s ability to function democratically and effectively. 2. In an effort to address this national trend many cities have approved policies to promote civility and maintain decorum at local public meetings. 3. The Rancho Cucamonga City Council is committed to the democratic process, individual rights of expression, robust debate, and tolerance for disparate views. 4. From time to time, the City Council, the City’s commissions and committees, and other City bodies convene public meetings to address controversial issues that can engender passionate and conflicting opinions. 5. An atmosphere of incivility and disrespect at these meetings can stifle participation and debate, threaten the quality of decisions, and undermine the local democratic process. 6. In 2022, the Legislature adopted, and the Governor signed, SB 1100 in order to limit disruptive behavior at public meetings, consistent with the Brown Act and the California and United State Constitutions. 7. SB 1100 defines disruptive behavior to include, among other things, a repeated failure to comply with reasonable and lawful regulations applicable to public meetings. 8. Adopting rules of decorum and order applicable to all public meetings within the City will help the City implement SB 1100 and ensure that civic engagement and local democracy continue to flourish in the City. B. Resolution NOW THEREFORE, the Rancho Cucamonga City Council does hereby find, determine, conclude, and resolve as follows: 1. All facts set forth in Part A, Recitals, of this Resolution are true and correct. 2. The City Council hereby approves and adopts the Rules of Decorum and Order at Public Meetings set forth in Exhibit A, which is attached hereto and incorporated herein by this reference. 3. All prior meeting rules of decorum and order adopted previously by the City Council are superseded by this Resolution. In the event of any conflict between the rules set Page 247 of 250 Resolution No. 2023-XXX - Page 2 of 4 forth in Exhibit A and the rules, standards, or other policies of other City Commissions, Committees, and other Boards, the provisions of Exhibit A shall control. 4. This Resolution is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this ____ day of __________ 2023. AYES: NOES: ABSENT: ABSTAINED: _______________________________ L. Dennis Michael Mayor ATTEST: _______________________________ Janice C. Reynolds City Clerk I, Janice C. Reynolds, City Clerk, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on _________ __, 2023. Executed this day _________, 2023 at Rancho Cucamonga, California. _______________________________ Janice C. Reynolds City Clerk Page 248 of 250 Resolution No. 2023-XXX - Page 3 of 4 EXHIBIT A RULES OF DECORUM AND ORDER AT PUBLIC MEETINGS A. General Guidelines The City has numerous public meetings such as City Council meetings, Commission meetings, and Committee meetings (hereinafter “Public Meetings”). In order to safeguard participatory democracy in the City, all persons attending Public Meetings should strive to: •Treat everyone courteously •Listen to others respectfully •Exercise self-control •Give open-minded consideration to all viewpoints •Focus on the issues and avoid personalizing debate •Embrace respectful disagreement and dissent as democratic rights that are inherent components of an inclusive public process and tools for forging sound decisions. B. Rules of Decorum 1.No person attending a Public Meeting shall engage in disorderly or boisterous conduct—including but not limited to applause, whistling, stamping of feet, booing, or making any loud, threatening, profane, abusive, personal, impertinent, or slanderous utterance— that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting. 2.All remarks by members of the public shall be addressed to the Council, Commission, or Committee and not to any other member of the public. 3.Signs, placards, banners, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting. 4.All persons attending a Public Meeting shall remain seated in the seats provided, unless addressing the body at the podium or entering or leaving the meeting. 5.All persons attending a Public Meeting shall obey any lawful order of the Presiding Officer to enforce the Rules of Decorum. 6.In accordance with the Brown Act, all persons addressing the body that is conducting the Public Meeting shall limit their comments to items on the meeting agenda or any matter that is within the subject matter jurisdiction of the body. 7.The Presiding Officer may establish such rules as are necessary to control public debate to avoid irrelevant or repetitive remarks. No member of the public shall speak more than once during the same meeting as to the same agenda item or other matter, nor longer than 3 minutes at a time without leave of the Presiding Officer. The Presiding Officer may establish a shorter time period for speakers if announced before the beginning of the agenda item or public comment period. Page 249 of 250 Resolution No. 2023-XXX - Page 4 of 4 C. Enforcement of the Rules of Decorum 1.The Presiding Officer shall be responsible for maintaining the decorum at the Public Meeting and uniformly enforcing the Rules of Decorum. 2.In the event that any person breaches the Rules of Decorum in a manner that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting, the Presiding Officer or their designee shall warn the person that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. A warning shall not be required if the person is engaging in behavior that constitute a use of force or a true threat of force, as defined in Government Code Section 54957.95(b)(2). 3.If any person continues to breach the Rules of Decorum in a manner that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting following a warning from the Presiding Officer or their designee to cease the offending conduct, the Presiding Officer or their designee may remove, or cause the removal of, such person for disrupting the meeting. 4.If any person refuses to leave the Public Meeting following an order from the Presiding Officer or their designee to do so, the Presiding Officer or their designee may order any law enforcement officer on duty to remove that person from the Public Meeting. The City Council, all City Commissions and Committees, and City staff shall promote the use of and adherence to these rules guidelines for behavior at all public meetings within the City. 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