HomeMy WebLinkAbout2024/10/02 - Regular City Council 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
October 2, 2024
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY- SUCCESSOR AGENCY –
PUBLIC FINANCE AUTHORITY
CLOSED SESSION
REGULAR MEETINGS
TAPIA CONFERENCE ROOM
COUNCIL CHAMBERS
4:30 P.M.
7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers
located at 10500 Civic Center Drive. It is the intent to conclude the meeting by 10:00 p.m. unless extended by the
concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found
at https://www.cityofrc.us/your-government/city-council-agendas or by contacting the City Clerk Services Department
at 909-774-2023. Live Broadcast available on Channel 3 (RCTV-3). For City Council Rules of Decorum refer to
Resolution No. 2023-086.
Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution of the
agenda packet will be made available in the City Clerk Services Department during normal business hours at City Hall
located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will be posted on
the City’s website at https://www.cityofrc.us/your-government/city-council-agendas.
CLOSED SESSION – 4:30 P.M.
TAPIA CONFERENCE ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A.ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B.PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C.CITY MANAGER ANNOUNCEMENTS
CITY COUNCIL VISION STATEMENT
“Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for
all to thrive by building on our foundation and success as a world class community.”
Page 2
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DIRECTOR OF HUMAN RESOURCES,
MATT BURRIS, DEPUTY CITY MANAGER/ECONOMIC AND COMMUNITY DEVELOPMENT AND JULIE
SOWLES, DEPUTY CITY MANAGER/CIVIC AND CULTURAL SERVICES; PER GOVERNMENT CODE
SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY
EMPLOYEES’ ASSOCIATION (RCCEA). (CITY)
D2. 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)
D3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE:
CITY MANAGER) (CITY)
E. RECESS
CITY COUNCIL VISION STATEMENT
“Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for
all to thrive by building on our foundation and success as a world class community.”
Page 3
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A.AMENDMENTS TO THE AGENDA
B.ANNOUNCEMENTS / PRESENTATIONS
B1. Presentation of a Proclamation to Chris Holden, Outgoing Assembly Member for the State of California
41st District.
B2. Presentation of Recognition for 2024 Paralympian, Arelle Middleton.
B3. Presentation of a Proclamation to Chaffey College's Industrial Technical Learning Center (InTech) Declaring the
Month of October 2024 as Manufacturing Month.
C.PUBLIC COMMUNICATIONS
This is the time and place for the general public to address the Fire Protection District, Housing
Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any
item listed or not listed on the agenda. State law prohibits us from addressing any issue not on the
Agenda. Testimony may be received and referred to staff or scheduled for a future meeting.
Comments are to be limited to three (3) minutes per individual. All communications are to be addressed
directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members
of the audience. This is a professional business meeting and courtesy and decorum are expected. Please
refrain from any debate between audience and speaker, disorderly or boisterous conduct that disturbs,
disrupts, or otherwise impedes the orderly conduct of the meeting. For more information, refer to the City
Council Rules of Decorum and Order (Resolution No. 2023-086) located in the back of the Council
Chambers.
The public communications period will not exceed one hour prior to the commencement of the
business portion of the agenda. During this one hour period, all those who wish to speak on a topic
contained in the business portion of the agenda will be given priority, and no further speaker cards for these
business items (with the exception of public hearing items) will be accepted once the business portion of the
agenda commences. Any other public communications which have not concluded during this one hour period
may resume after the regular business portion of the agenda has been completed.
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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 Adjourned Regular Meetings of September 17, 2024.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,381,613.32 and City
and Fire District Weekly Check Registers (No Checks for City Issued to Southern California Gas Company) in
the Total Amount of $3,757,775.08 Dated September 11, 2024, Through September 22, 2024. (CITY/FIRE)
D3. Consideration to Approve Fire District Weekly Check Registers for Checks Issued to Southern California Gas
Company in the Total Amount of $295.21 Dated September 11, 2024, Through September 22, 2024.
(CITY/FIRE)
D4. Consideration of the Proposed Changes to the Naming of Parks and Facilities Policy. (CITY)
D5. Consideration to Receive and File Current Investment Schedules as of August 31, 2024, for the City of Rancho
Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D6. Consideration of an Amended Joint Use Agreement Between the City of Rancho Cucamonga and the Chaffey
Joint Union High School District for the Use of School District Sports Fields. (CITY)
D7. Consideration of the Purchase of Electrical Supplies in an Amount Not to Exceed $200,000 from Consolidated
Electrical Distributors During FY 24/25 and $100,000 through December 31, 2025. (CITY/FIRE)
D8. Consideration to Approve a Cooperative Agreement Between the City of Rancho Cucamonga and Cucamonga
Valley Water District for the Approved Wildfire Early Detection System Project; and Authorization to Appropriate
$333,850 for the FIREBird Wildfire Detection Device System. (CITY)
D9. Consideration to Approve a Single-Source Procurement and Execute a Professional Services Agreement with
Entrust Solutions Group in an Amount Not-To-Exceed $120,000 for the Necessary Design, Engineering,
Permitting, Plan Review, and Project Management for the Distribution of the Fiber Optic Network as Part of the
City’s Fiber Optic Master Plan. (CITY)
D10. Consideration to Approve the Emergency Replacement of the Fire Alarm Monitoring System at the Quakes
Stadium and to Approve Amendment No. 01 to Contract No. 2024-124 with Enko Systems, Inc. for Citywide
Fire Alarm Monitoring, Maintenance, and Repair Services in an Amount Not to Exceed $250,000 for City and
Fire District Facilities for FY 2024/2025. (CITY/FIRE)
D11. Consideration of a Contract with American Power Systems, LLC in the Amount of $51,468, Plus a 10%
Contingency and an Appropriation of Funds in the Amount of $56,615 from the Municipal Utility Fund (Fund
705) for the Substation Maintenance. (CITY)
D12. Consideration to Accept Public Improvements Located at the Southwest Corner of Arrow Route and Pecan
Avenue in the General Industrial District per Improvement Agreement, Related to DRC2016-00270 and
DRC2018-00183, as Complete, File a Notice of Completion, and Authorize the Release of Bonds. (CITY)
7
14
25
27
34
101
115
117
124
150
152
157
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
D13. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and
Bonds for the Fiscal Year 2023/24 Local Slurry Seal Pavement Rehabilitation Project. (CITY)
D14. Consideration to Approve and Adopt Resolutions Certifying the Results of Elections and Adding Annexation
Nos. 2024-12, 2024-13, 2024-14, and 2024-15 to Community Facilities District No. 2022-01 (Street Lighting
Services) of the City of Rancho Cucamonga. (RESOLUTION NOS. 2024-097, 2024-098, 2024-099 AND 2024-
100)(CITY)
E.CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
F.ADMINISTRATIVE HEARING ITEM(S)
G.ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT
G1. Public Hearing for Consideration of First Reading of Ordinance No. 1031, to be Read by Title Only and Waive
Further Reading Amending Title 17 of the Rancho Cucamonga Municipal Code Establishing Battery Energy
Storage Facilities as a Use Permitted with a Conditional Use Permit for Properties Located in the Neo-Industrial
(NI) and Industrial Employment (IE) Zones, Amending Sections 17.22.020 Establishing a Master Plan
Requirement, 17.30.030 Updating the Land Use and Permit Requirements by Base Zone Table, 17.32.020
Adding Land Use Definitions, 17.140.020 Adding Definitions and Adding Chapter 17.109 Establishing
Development and Operational Standards for Battery Energy Storage Facilities. This Item is Exempt from the
California Environmental Quality Act, Pursuant to State CEQA Guidelines Section 15061(B)(3). (ORDINANCE
NO. 1031) (CITY)
G2. Public Hearing for Consideration of a Resolution Adopting By Reference the Standard Conflict of Interest
Provisions of California Code of Regulations Title 2, Section 18730 and Approving an Amended Appendix I, to
Account for the Addition, Deletion and Modification of Positions Listed as "Designated Positions".
(RESOLUTION NO. 2024-101) (CITY)
G3. Public Hearing for Consideration of a Resolution Adopting By Reference the Standard Conflict of Interest
Provisions of California Code of Regulations Title 2, Section 18730 and Approving an Amended Appendix I, to
Account for the Addition of Two Positions Listed Under "Designated Positions". (RESOLUTION NO. FD 2024-
024)(FIRE)
H.CITY MANAGER'S STAFF REPORT(S)
H1. Consideration to Approve the Addition of One Fire Safety Position for Implementation of the Community
Outreach and Support Team (COAST). (CITY/FIRE)
H2. Consideration of an Agreement for Ground Ambulance Services with Consolidated Fire Agencies (CONFIRE).
(FIRE)
H3. Consideration of Resolution No. 2024-096, a Resolution in Support of Proposition 36, the Homelessness, Drug
Addiction, and Theft Reduction Act. (RESOLUTION NO. 2024-096) (CITY)
H4. Consideration of Resolution No. SA 2024-001 of the Successor Agency to the Rancho Cucamonga
Redevelopment Agency, Approving the Issuance of Refunding Bonds in Order to Refund Certain of its
Outstanding Bonds, Approving the Execution and Delivery of a Seventh Supplemental Indenture Relating
Thereto, Requesting Oversight Board Approval of the Issuance of the Refunding Bonds, Requesting Certain
Determinations by the Oversight Board, and Providing for Other Matters Properly Relating Thereto.
(RESOLUTION NO. SA 2024-001) (CITY/SUCCESSOR AGENCY)
160
163
185
211
221
229
232
359
363
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
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 - Adjourn to Tuesday, October 15, 2024, at 7:00 p.m.
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 at least seventy-two (72) hours prior to the meeting per
Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's
office at (909) 774-2023. 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.
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September 17, 2024
CITY OF RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY,
PUBLIC FINANCE AUTHORITY AND CITY COUNCIL ADJOURNED REGULAR MEETINGS MINUTES
The City Council of the City of Rancho Cucamonga held a Closed Session on Tuesday, September 17, 2024,
in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California.
Mayor Michael called the meeting to order at 5:00 PM.
Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tem Lynne
Kennedy and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Elisa Cox, Assistant City Manager; Nicholas Ghirelli, City
Attorney; Matt Burris, Deputy City Manager/Economic and Community 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)
C.CITY MANAGER ANNOUNCEMENTS
D.CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DIRECTOR OF HUMAN
RESOURCES, MATT BURRIS, DEPUTY CITY MANAGER/ECONOMIC AND COMMUNITY
DEVELOPMENT AND JULIE SOWLES, DEPUTY CITY MANAGER/CIVIC AND CULTURAL
SERVICES; PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR
NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION
(RCCEA). (CITY)
D2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION
54957 (TITLE: CITY MANAGER)
E.RECESS
The closed session recessed at 6:00 p.m.
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ADJOURNED REGULAR MEETING – 7:00 PM
CALL TO ORDER – COUNCIL CHAMBERS
The Adjourned 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 Tuesday, September 17, 2024, in the Council Chambers at City Hall, located at 10500 Civic
Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 PM.
Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tem Lynne
Kennedy and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Linda A. Troyan,
MMC, City Clerk Services Director.
Mayor Pro Tem Kennedy led the Pledge of Allegiance.
Mayor Michael announced that due to technical difficulties roll call votes would be conducted by the City
Clerk for all action items and there would be no timer to display. He informed City Clerk staff would provide
a one-minute warning before a speaker’s time is up during public communications.
A. AMENDMENTS TO THE AGENDA
City Clerk Services Director Troyan announced there was a change to item D12 on the Consent
Calendar, Resolution No. 2024-095 was removed. She informed a revised Staff Report was distributed
to the City Council and made available for the public.
B. ANNOUNCEMENTS / PRESENTATIONS
B1. Presentation of a Proclamation Declaring September 2024 as Senior Center Month.
Mayor Michael and Members of the City Council presented a Proclamation to Celeste Medrano, Community
Services Supervisor and declared September 2024 as Senior Center Month. Community Services
Supervisor Medrano invited the community to attend the 2024 Health & Wellness Fair, on Thursday,
September 26th from 8:00 a.m. to 11:00 a.m.
B2. Presentation of a Proclamation to the Church of Jesus Christ of Latter-Day Saints Declaring
September 14, 2024 as National Day of Service.
Public Works Services Director Martin spoke about a recent service project partnership between the Public
Works Services Department and the Church of Jesus Christ of Latter-Day Saints to honor National Day of
Service. He thanked the Church and volunteers for their work in beautifying, re-mulching and cleaning up
the Route 66 Cucamonga Trail Head. Church of Jesus Latter-Day Saints Communications Director Jenson,
thanked the City for the partnership and the community for a successful event and turn out of over 100
volunteers. Mayor Michael and Members of the City Council presented a Proclamation to Marc Smith,
President, and Leslie Jenson, Communications Director, from the Church of Jesus Latter -Day Saints and
declared September 14, 2024 as National Day of Service.
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B3. Announcement of the Rancho Cucamonga Fire Protection District Joining the San
Bernardino County’s Rescue Task Force Team 6.
Deputy Fire Chief Barreda and Battalion Chief Bicondova from the Rancho Cucamonga Fire Protection
District, provided a PowerPoint presentation about joining the San Bernardino County’s Rescue Task Force
Team 6. They provided information and listed the benefits the partnership will bring to the region and the
community.
Mayor Pro Tem Kennedy asked if the team would be a stand-alone team if deployed during an incident and
if the quarterly trainings of the Task Force Team 6 would be brought back to the Rancho Cucamonga Fire
Protection District.
Battalion Chief Bicondova responded deployment would depend on the magnitude of the incident and
affirmed trainings by the Task Force Team 6 would be brought back to enhance the Rancho Cucamonga
Fire Protection District’s skills.
Mayor Michael commended the Rancho Cucamonga Fire Protection District ’s highly skilled personnel,
shared his support for joining the San Bernardino County’s Rescue Task Force Team 6 and asked if Task
Force Team 6 would use the City’s vehicles/Fire Engines or if the County would provide vehicles for the
Task Force Team 6 when deployed to assist with incidents.
Deputy Fire Chief Barreda replied Task Force Team 6 would use the City’s vehicles/Fire Engines when
responding to incidents and thanked the City Council for their support.
C. PUBLIC COMMUNICATIONS
Steven A. Lacy, 2024 General Municipal Election Candidate for position of Member of the City Council,
District No. 04, spoke about ethical campaigning, political signs, rules and regulations of temporary political
signs and provided related articles.
Kennan O’ Connor, spoke of rules and regulations of temporary political signs, oversized political signs,
and political signs being removed and replaced with opponent signs.
Phillip E. Walker invited the Mayor and City Council to attend an upcoming Indigenous Film Retreat on
October 14, 2024 to join a discussion about Juneteenth and spoke about the debut of a short film named
Hapless Revenge.
City Manager Gillison, addressed comments made during public communications and informed that the
City has a process to remove temporary political signs that violate the City’s sign regulations. He stated
that as of Friday, September 13, 2024, the City pulled 55 political signs and 15 -20 non-political signs from
different candidates. He informed that signs removed by the City can be picked up by candidates at the
Public Works Service Center and be reposted. He specified that signs have generally been removed
because they were located in the clear view triangle area blocking views or property owners reporting the
signs being placed without their permission. Mr. Gillison noted there has been confusion between the
allowed size of signs on public and private property and in the right-of-way. He informed signs on private
properties are allowed to be 32 square feet or 4 feet by 8 feet. He noted that there were some signs that
were larger than 4 feet by 8 feet and that the City contacted the candidates to provide them the option to
take the sign down or re-size/adjust the signs to the allowed dimensions. Lastly, Mr. Gillison informed the
community about the City’s process and the option for residents to file a police report with the Rancho
Cucamonga Police Department, who would investigate and act accordingly.
In response to Mayor Michael, City Manager Gillison informed removed political signs by the City may be
retrieved at the City of Rancho Cucamonga Public Works Service Center located at 8794 Lion St, Rancho
Cucamonga, CA 91730, open Monday through Thursday, from 7:00 a.m. to 6:00 p.m. Mr. Gillison noted
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that candidates are welcomed to call Public Works at (909) 477-2730 to arrange a pickup time or call
Community Improvement staff at (909) 774-2712 to arrange a pickup time outside of normal business hours.
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 September 4, 2024.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of
$2,400,641.96 and City and Fire District Weekly Check Registers (Excluding Checks Issued
to Southern California Gas Company) in the Total Amount of $5,399,838.12 Dated August
26, 2024 Through September 10, 2024. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued
to Southern California Gas Company in the Total Amount of $12,454.54 Dated August 26,
2024, Through September 10, 2024. (CITY/FIRE)
D4. Consideration of an Appropriation in the Amount of $120,000 from the Animal Center Impact
Fee (125) for the Animal Center’s Office Reconfiguration Project. (CITY)
D5. Consideration of Composition Purchase Agreement with Tony Lucca and Keaton Simons for
Commission and Professional Production of an Original Song in an Amount Not to Exceed
$25,000. (CITY)
D6. Consideration to Accept the Pedestrian and Bicycle Safety Program Grant Revenue in the
Amount of $200,000, Funded by the National Highway Traffic Safety Administration (NHSTA)
and Administered by the California Office of Traffic Safety (OTS) for Federal Fiscal Year
2025; and Authorization to Appropriate $200,000 From the Federal Grant Fund (Fund 275)
for Approved Grant Expenses. (CITY)
D7. Consideration to Approve Professional Services Agreements for Network Support from
Triden Group and Sidepath Inc., not to Exceed the Amount of $150,000. (CITY)
D8. Consideration of a Professional Services Agreement with the Rancho Cucamonga Chamber
of Commerce for Economic Development Services in the Amount of $60,000. (CITY)
D9. Consideration of Amendment No. 14 to the Agreement with Pacific Utility Installation, Inc.
(CO19-085) in the Amount of $130,000 for Electrical Cabling and Preventative Security
Measures and Appropriations Totaling $209,780 from the Municipal Utility Fund. (CITY)
D10. Consideration of a Resolution Adopting the Measure I Five-Year Capital Projects Needs
Analysis Covering Fiscal Years 2025/26 Through 2029/30. (RESOLUTION NO. 2024-
092) (CITY)
D11. Consideration of Resolution Authorizing the Attestation of Veracity for the Rancho
Cucamonga Municipal Utility 2023 Power Source Disclosure Annual Report and Power
Content Label. (RESOLUTION NO. 2024-093) (CITY)
D12. Consideration to Approve a Resolution Adopting an Amendment to the Rancho Cucamonga
Management Association Salary Schedule for Fiscal Year 2024-2025. (Resolution No. 2024-
094); and, Consideration to Approve a Resolution Adopting a Side Letter Agreement
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Between the City of Rancho Cucamonga and the Executive Management
Group. (RESOLUTION NO. 2024-094 AND RESOLUTION NO. 2024-095) (CITY)
MOTION: Moved by Council Member Stickler, seconded by Council Member Hutchison, to approve Consent
Calendar Items D1 through D12, with the revised staff report for item D12 and Council Member Scott
abstaining on item D3. Motion carried 5-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
None.
F. ADMINISTRATIVE HEARING ITEM(S)
F1. Discussion and Action to Introduce, Waive Reading of, and Adopt by a Four -fifths Vote,
Interim Urgency Ordinance No. 1030, to be Read by Title Only, and Waive Further Reading,
Prohibiting Home Experience Sharing Uses, and Declaring the Urgency Thereof, and
Adopting Finding Pursuant to the California Environmental Quality Act (CEQA) in Connection
Therewith. (INTERIM URGENCY ORDINANCE NO. 1030) (CITY)
John Gillison, City Manager, introduced Carrie Rios, Community Improvement Manager, and Lori Price,
Community Improvement Supervisor, who gave a Staff Report along with a PowerPoint presentation.
Community Improvement Manager Rios stated the Interim Urgency Ordinance aims to address pressing
issues related to home experience sharing. She informed that by enacting the 45-day prohibition, the City
will gain essential time to thoroughly research and craft effective regulations that will balance the demand
while safeguarding the community.
Mayor Michael opened the Administrative Hearing item.
There were no public communications received.
Mayor Michael closed the Administrative Hearing item.
Council Member Hutchison asked if most of the resident complaints predominantly originated from Districts
1 and 4, when the complaints were received and the amenities leased.
Community Improvement Manager Rios shared that the Community Improvement department has seen a
surge in calls from Districts 1 and 4 beginning after the pandemic with the volume increasing in the past
year and swimming pools were the leading amenity being leased, especially during the Summer.
Council discussion ensued on public safety concerns regarding unsupervised pool amenities, homeowner
liabilities and nuisances to neighborhoods. The Mayor and City Council thanked staff for getting ahead of
the issue to safeguard the community.
MOTION: Moved by Council Member Stickler, seconded by Council Member Scott, to adopt Interim
Urgency Ordinance No. 1030, by title only and waive further reading.
Linda A. Troyan, MMC, City Clerk Services Director, read the title of Interim Urgency Ordinance No.
1030.
VOTES NOW CAST ON MOTION: Moved by Council Member Stickler, seconded by Council Member
Scott, to Introduce, Waive Reading of, and Adopt by a Four-fifths Vote, Interim Urgency Ordinance No.
1030. Motion carried, 5-0.
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G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT
None.
H. CITY MANAGER'S STAFF REPORT(S)
H1. Consideration to Receive and File the Economic Development Strategy Annual Progress
Report for 2023. (CITY)
City Manager Gillison introduced Matt Marquez, Director of Planning and Economic Development, Tanya
Spiegel, Economic Development Manager and Carina Campos, Management Analyst II, who gave a staff
report along with a PowerPoint presentation. Staff provided an overview of the actions taken to successfully
begin the first year of the City’s five-year Economic Development Strategy. Director of Planning and
Economic Development Marquez noted next steps include continuing the implementation of the Economic
Development Strategy to establish the City as the cultural & economic hub of the Inland Empire.
Council Member Scott shared her excitement of the new businesses and restaurants in the City and
thanked staff for their efforts.
Mayor Pro Tem Kennedy commended staff for their team synergy and progress in exceeding the timeline
and goals as outlined in the City’s Economic Development Strategy (EDS).
I. COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
None.
I2. INTERAGENCY UPDATES
None.
J. CITY ATTORNEY ITEMS
City Attorney Ghirelli noted that there was no reportable action taken during Closed Session held earlier
that evening.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
Page 12
*DRAFT*
September 17, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Adjourned Regular Meetings Minutes
City of Rancho Cucamonga | Page 7 of 7
L. ADJOURNMENT
Mayor Michael adjourned the Council Meeting at 8:09 p.m.
Approved:
Linda A. Troyan, MMC
City Clerk Services Director
Page 13
DATE:October 2, 2024
TO:Mayor and Members of the City Council
President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Tori Roberts, Interim Finance Director
Veronica Lopez, Accounts Payable Supervisor
SUBJECT:Consideration to Approve City and Fire District Bi-Weekly Payroll in the
Total Amount of $2,381,613.32 and City and Fire District Weekly Check
Registers (No Checks for City Issued to Southern California Gas
Company) in the Total Amount of $3,757,775.08 Dated September 11,
2024, Through September 22, 2024. (CITY/FIRE)
RECOMMENDATION:
Staff recommends City Council/Board of Directors of the Fire Protection District approve payment
of demands as presented. Bi-weekly payroll is $1,319,219.76 and $1,062,393.56 for the City and
the Fire District, respectively. Weekly check register amounts are $3,542,281.59 and
$215,493.49 for the City and the Fire District, respectively.
BACKGROUND:
N/A
ANALYSIS:
N/A
FISCAL IMPACT:
Adequate budgeted funds are available for the payment of demands per the attached listing.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
N/A
ATTACHMENTS:
Attachment 1 - Weekly Check Registers
Page 14
Council Meeting Check Register - without
SoCal Gas
09:11 AM
09/23/2024
Page 1 of 10
Company: City of Rancho Cucamonga
Rancho Cucamonga Fire Protection District
Successor Agency to the Redevelopment Agency of the City of Rancho Cucamonga
Payment Date On or After: 09/11/2024
Payment Date On or Before: 09/22/2024
Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: AED
Professionals: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447646 09/12/2024 AED Professionals 0 7,700.76 7,700.76
Supplier Payment: Abound Food
Care: 09/12/2024
City of Rancho
Cucamonga
447644 09/12/2024 Abound Food Care 2,900.15 0 2,900.15
Supplier Payment: Frontier Comm:
09/12/2024
Rancho
Cucamonga Fire
Protection District
447666 09/12/2024 Frontier Comm 0 1,362.30 1,362.30
Supplier Payment: Graybar Electric
Company Inc: 09/12/2024
City of Rancho
Cucamonga
447710 09/12/2024 Graybar Electric Company
Inc
1,930.02 0 1,930.02
Supplier Payment: Inyo Networks
Inc: 09/12/2024
City of Rancho
Cucamonga
447711 09/12/2024 Inyo Networks Inc 11,119.50 0 11,119.50
Supplier Payment: Preston Boyd:
09/12/2024
City of Rancho
Cucamonga
447713 09/12/2024 Preston Boyd 105.00 0 105.00
Supplier Payment: Odp Business
Solutions Llc: 09/12/2024
City of Rancho
Cucamonga
447712 09/12/2024 Odp Business Solutions Llc 1,304.65 0 1,304.65
Supplier Payment: Thompson
Plumbing Supply Inc: 09/12/2024
City of Rancho
Cucamonga
447714 09/12/2024 Thompson Plumbing
Supply Inc
228.08 0 228.08
Supplier Payment: City Of
Riverside: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 City Of Riverside 13,818.00 0 13,818.00
Supplier Payment: Lowes
Companies Inc: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447675 09/12/2024 Lowes Companies Inc 0 1,355.73 1,355.73
Supplier Payment: Minuteman
Press: 09/12/2024
City of Rancho
Cucamonga
447678 09/12/2024 Minuteman Press 172.73 0 172.73
Supplier Payment: City Of
Riverside: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 City Of Riverside 13,818.00 0 13,818.00
Supplier Payment: Onward
Engineering: 09/12/2024
City of Rancho
Cucamonga
447683 09/12/2024 Onward Engineering 11,440.00 0 11,440.00
Supplier Payment: Humane Society
Of San Bernardino Valley:
09/12/2024
City of Rancho
Cucamonga
447671 09/12/2024 Humane Society Of San
Bernardino Valley
247.00 0 247.00
Supplier Payment: Cintas
Corporation: 09/12/2024
City of Rancho
Cucamonga
447656 09/12/2024 Cintas Corporation 5,677.21 0 5,677.21
Supplier Payment: Consolidated
Electrical Distr Inc: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 Consolidated Electrical
Distr Inc
1,040.87 0 1,040.87
ATTACHMENT 1
Page 15
Council Meeting Check Register - without
SoCal Gas
09:11 AM
09/23/2024
Page 2 of 10
Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: Southern
California News Group: 09/12/2024
City of Rancho
Cucamonga
447688 09/12/2024 Southern California News
Group
1,333.00 0 1,333.00
Supplier Payment: Lowes
Companies Inc: 09/12/2024
City of Rancho
Cucamonga
447674 09/12/2024 Lowes Companies Inc 248.27 0 248.27
Supplier Payment: Airgas Usa Llc:
09/12/2024
Rancho
Cucamonga Fire
Protection District
447647 09/12/2024 Airgas Usa Llc 0 55.46 55.46
Supplier Payment: California Ppe
Recon Inc: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447654 09/12/2024 California Ppe Recon Inc 0 9,244.31 9,244.31
Supplier Payment: Carahsoft
Technology Corp: 09/12/2024
City of Rancho
Cucamonga
447655 09/12/2024 Carahsoft Technology Corp 7,024.69 0 7,024.69
Supplier Payment: Siteone
Landscape Supply Llc: 09/12/2024
City of Rancho
Cucamonga
447686 09/12/2024 Siteone Landscape Supply
Llc
3,624.66 0 3,624.66
Supplier Payment: Odp Business
Solutions Llc: 09/12/2024
City of Rancho
Cucamonga
447681 09/12/2024 Odp Business Solutions Llc 2,863.61 0 2,863.61
Supplier Payment: Fleet Services
Inc: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447665 09/12/2024 Fleet Services Inc 0 49.51 49.51
Supplier Payment: Graybar Electric
Company Inc: 09/12/2024
City of Rancho
Cucamonga
447669 09/12/2024 Graybar Electric Company
Inc
61,908.53 0 61,908.53
Supplier Payment: Springshare Llc:
09/12/2024
City of Rancho
Cucamonga
447689 09/12/2024 Springshare Llc 1,440.00 0 1,440.00
Supplier Payment: D & K Concrete
Company: 09/12/2024
City of Rancho
Cucamonga
447659 09/12/2024 D & K Concrete Company 3,891.40 0 3,891.40
Supplier Payment: Stotz
Equipment: 09/12/2024
City of Rancho
Cucamonga
447690 09/12/2024 Stotz Equipment 163.39 0 163.39
Supplier Payment: Cintas
Corporation: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447657 09/12/2024 Cintas Corporation 0 163.55 163.55
Supplier Payment: Midwest Tape
Llc: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 Midwest Tape Llc 7,921.44 0 7,921.44
Supplier Payment: Dunn-Edwards
Corporation: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 Dunn-Edwards Corporation 1,596.08 0 1,596.08
Supplier Payment: The Kindred
Corporation: 09/12/2024
City of Rancho
Cucamonga
447693 09/12/2024 The Kindred Corporation 20,062.93 0 20,062.93
Supplier Payment: Diamond
Environmental Services:
09/12/2024
City of Rancho
Cucamonga
09/12/2024 Diamond Environmental
Services
950.60 0 950.60
Supplier Payment: Amlon Industries
Inc: 09/12/2024
City of Rancho
Cucamonga
447649 09/12/2024 Amlon Industries Inc 1,853.22 0 1,853.22
Supplier Payment: Mariposa
Landscapes Inc: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 Mariposa Landscapes Inc 278,557.18 0 278,557.18
Page 16
Council Meeting Check Register - without
SoCal Gas
09:11 AM
09/23/2024
Page 3 of 10
Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: Velocity Truck
Centers: 09/12/2024
City of Rancho
Cucamonga
447695 09/12/2024 Velocity Truck Centers 508.80 0 508.80
Supplier Payment: Only Cremations
For Pets Inc: 09/12/2024
City of Rancho
Cucamonga
447682 09/12/2024 Only Cremations For Pets
Inc
1,937.00 0 1,937.00
Supplier Payment: Brightview
Landscape Services Inc:
09/12/2024
City of Rancho
Cucamonga
09/12/2024 Brightview Landscape
Services Inc
43,500.00 0 43,500.00
Supplier Payment: Walters
Wholesale Electric Co: 09/12/2024
City of Rancho
Cucamonga
447699 09/12/2024 Walters Wholesale Electric
Co
848.52 0 848.52
Supplier Payment: Napa Auto
Parts: 09/12/2024
Rancho
Cucamonga Fire
Protection District
09/12/2024 Napa Auto Parts 0 592.01 592.01
Supplier Payment: Globalstar Usa:
09/12/2024
City of Rancho
Cucamonga
447667 09/12/2024 Globalstar Usa 182.52 0 182.52
Supplier Payment: Quadient Inc:
09/12/2024
City of Rancho
Cucamonga
447684 09/12/2024 Quadient Inc 128.60 0 128.60
Supplier Payment: The Counseling
Team International: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447692 09/12/2024 The Counseling Team
International
0 7,121.25 7,121.25
Supplier Payment: Mrc Smart
Technology Solutions: 09/12/2024
City of Rancho
Cucamonga
447680 09/12/2024 Mrc Smart Technology
Solutions
7,777.33 0 7,777.33
Supplier Payment: Barbara'S
Answering Service: 09/12/2024
City of Rancho
Cucamonga
447652 09/12/2024 Barbara'S Answering
Service
552.00 0 552.00
Supplier Payment: Waxie Sanitary
Supply: 09/12/2024
City of Rancho
Cucamonga
447700 09/12/2024 Waxie Sanitary Supply 3,691.44 0 3,691.44
Supplier Payment: Main Street
Signs: 09/12/2024
City of Rancho
Cucamonga
447676 09/12/2024 Main Street Signs 1,216.75 0 1,216.75
Supplier Payment: Upsco
Powersafe Systems Inc:
09/12/2024
City of Rancho
Cucamonga
447694 09/12/2024 Upsco Powersafe Systems
Inc
29,524.47 0 29,524.47
Supplier Payment: T&B Planning
Inc: 09/12/2024
City of Rancho
Cucamonga
447691 09/12/2024 T&B Planning Inc 14,692.50 0 14,692.50
Supplier Payment: Aufbau
Corporation: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447651 09/12/2024 Aufbau Corporation 0 51,840.00 51,840.00
Supplier Payment: Directv:
09/12/2024
City of Rancho
Cucamonga
447660 09/12/2024 Directv 147.85 0 147.85
Supplier Payment: 49Er
Communications Inc: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447643 09/12/2024 49Er Communications Inc 0 1,364.66 1,364.66
Supplier Payment: Virtual Project
Manager Llc: 09/12/2024
City of Rancho
Cucamonga
447696 09/12/2024 Virtual Project Manager Llc 500.00 0 500.00
Page 17
Council Meeting Check Register - without
SoCal Gas
09:11 AM
09/23/2024
Page 4 of 10
Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: Marisa
Maverhan-Lane: 09/12/2024
City of Rancho
Cucamonga
447677 09/12/2024 Marisa Maverhan-Lane 2,800.00 0 2,800.00
Supplier Payment: Merrimac
Petroleum Inc: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 Merrimac Petroleum Inc 31,057.93 0 31,057.93
Supplier Payment: Southern
California Edison: 09/12/2024
City of Rancho
Cucamonga
447687 09/12/2024 Southern California Edison 4,376.71 0 4,376.71
Supplier Payment: Federal Express
Corp: 09/12/2024
City of Rancho
Cucamonga
447662 09/12/2024 Federal Express Corp 36.25 0 36.25
Supplier Payment: Volgistics Inc:
09/12/2024
City of Rancho
Cucamonga
447698 09/12/2024 Volgistics Inc 8,184.00 0 8,184.00
Supplier Payment: Champion Fire
Systems Inc: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 Champion Fire Systems Inc 3,547.00 0 3,547.00
Supplier Payment: West Coast
Arborists Inc: 09/12/2024
City of Rancho
Cucamonga
447701 09/12/2024 West Coast Arborists Inc 16,568.75 0 16,568.75
Supplier Payment: Firefighters'
Safety Center Inc: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447664 09/12/2024 Firefighters' Safety Center
Inc
0 1,413.95 1,413.95
Supplier Payment: Cummins Sales
& Service: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447658 09/12/2024 Cummins Sales & Service 0 6,639.26 6,639.26
Supplier Payment: J* Garcia:
09/12/2024
City of Rancho
Cucamonga
447672 09/12/2024 J* Garcia 3,933.50 0 3,933.50
Supplier Payment: Ln Curtis &
Sons: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447673 09/12/2024 Ln Curtis & Sons 0 19,343.78 19,343.78
Supplier Payment: Aufbau
Corporation: 09/12/2024
City of Rancho
Cucamonga
447650 09/12/2024 Aufbau Corporation 56,832.00 0 56,832.00
Supplier Payment: Alta Rancho Pet
& Bird Hospital: 09/12/2024
City of Rancho
Cucamonga
447648 09/12/2024 Alta Rancho Pet & Bird
Hospital
200.00 0 200.00
Supplier Payment: Factory Motor
Parts: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447661 09/12/2024 Factory Motor Parts 0 797.11 797.11
Supplier Payment: Advanced
Chemical Transport Inc: 09/12/2024
City of Rancho
Cucamonga
447645 09/12/2024 Advanced Chemical
Transport Inc
1,930.00 0 1,930.00
Supplier Payment: Westrux
International Inc: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447702 09/12/2024 Westrux International Inc 0 1,635.68 1,635.68
Supplier Payment: MLAM Inc.:
09/12/2024
City of Rancho
Cucamonga
09/12/2024 MLAM Inc.6,000.00 0 6,000.00
Supplier Payment: California Fire
Chiefs Association: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447653 09/12/2024 California Fire Chiefs
Association
0 2,752.00 2,752.00
Page 18
Council Meeting Check Register - without
SoCal Gas
09:11 AM
09/23/2024
Page 5 of 10
Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: Montgomery
Hardware Co: 09/12/2024
City of Rancho
Cucamonga
447679 09/12/2024 Montgomery Hardware Co 785.52 0 785.52
Supplier Payment: Hose-Man Inc:
09/12/2024
City of Rancho
Cucamonga
447670 09/12/2024 Hose-Man Inc 199.76 0 199.76
Supplier Payment: San Bernardino
County: 09/12/2024
City of Rancho
Cucamonga
447685 09/12/2024 San Bernardino County 15,835.84 0 15,835.84
Supplier Payment: Golden Oaks
Vet Hospital: 09/12/2024
City of Rancho
Cucamonga
447668 09/12/2024 Golden Oaks Vet Hospital 700.00 0 700.00
Supplier Payment: Vision Service
Plan Ca: 09/12/2024
City of Rancho
Cucamonga
447697 09/12/2024 Vision Service Plan Ca 46.06 0 46.06
Supplier Payment: Federal Signal
Corporation: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447663 09/12/2024 Federal Signal Corporation 0 582.50 582.50
Supplier Payment: Lowes
Companies Inc: 09/16/2024
City of Rancho
Cucamonga
447715 09/16/2024 Lowes Companies Inc 45.49 0 45.49
Supplier Payment: Waxie Sanitary
Supply: 09/19/2024
City of Rancho
Cucamonga
447803 09/19/2024 Waxie Sanitary Supply 1,583.62 0 1,583.62
Supplier Payment: Ascent
Environmental Inc: 09/19/2024
City of Rancho
Cucamonga
447778 09/19/2024 Ascent Environmental Inc 44,863.06 0 44,863.06
Supplier Payment: Motorola
Solutions Inc: 09/19/2024
Rancho
Cucamonga Fire
Protection District
447787 09/19/2024 Motorola Solutions Inc 0 7,702.83 7,702.83
Supplier Payment: Grainger:
09/19/2024
City of Rancho
Cucamonga
447783 09/19/2024 Grainger 38.10 0 38.10
Supplier Payment: Public Safety
Peer Support Association:
09/19/2024
Rancho
Cucamonga Fire
Protection District
447794 09/19/2024 Public Safety Peer Support
Association
0 1,040.00 1,040.00
Supplier Payment: San Bernardino
Cty Fire Protection Dist: 09/19/2024
Rancho
Cucamonga Fire
Protection District
447795 09/19/2024 San Bernardino Cty Fire
Protection Dist
0 5,763.00 5,763.00
Supplier Payment: Tetra Tech Inc:
09/19/2024
City of Rancho
Cucamonga
447800 09/19/2024 Tetra Tech Inc 6,000.00 0 6,000.00
Supplier Payment: Verizon
Wireless - La: 09/19/2024
City of Rancho
Cucamonga
447801 09/19/2024 Verizon Wireless - La 253.37 0 253.37
Supplier Payment: Daniels Tire
Service: 09/17/2024
Rancho
Cucamonga Fire
Protection District
447730 09/17/2024 Daniels Tire Service 0 7,442.51 7,442.51
Supplier Payment: Ascap:
09/17/2024
City of Rancho
Cucamonga
447719 09/17/2024 Ascap 2,294.46 0 2,294.46
Supplier Payment: Dependable
Break Room Solutions Inc:
09/17/2024
City of Rancho
Cucamonga
447731 09/17/2024 Dependable Break Room
Solutions Inc
58.90 0 58.90
Page 19
Council Meeting Check Register - without
SoCal Gas
09:11 AM
09/23/2024
Page 6 of 10
Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: Ferguson
Enterprises Llc #1350: 09/17/2024
City of Rancho
Cucamonga
447735 09/17/2024 Ferguson Enterprises Llc
#1350
579.13 0 579.13
Supplier Payment: Goldstar Asphalt
Products: 09/17/2024
City of Rancho
Cucamonga
447736 09/17/2024 Goldstar Asphalt Products 1,637.78 0 1,637.78
Supplier Payment: Victoria Animal
Hospital: 09/17/2024
City of Rancho
Cucamonga
447767 09/17/2024 Victoria Animal Hospital 100.00 0 100.00
Supplier Payment: Antelope
Expansion 3B Llc: 09/17/2024
City of Rancho
Cucamonga
447718 09/17/2024 Antelope Expansion 3B Llc 12,066.23 0 12,066.23
Supplier Payment: Grainger:
09/17/2024
City of Rancho
Cucamonga
447737 09/17/2024 Grainger 1,388.64 0 1,388.64
Supplier Payment: Teaching
Strategies Llc: 09/17/2024
City of Rancho
Cucamonga
447755 09/17/2024 Teaching Strategies Llc 6,500.00 0 6,500.00
Supplier Payment: Rancho
Cucamonga Quakes: 09/17/2024
City of Rancho
Cucamonga
447748 09/17/2024 Rancho Cucamonga
Quakes
15,500.00 0 15,500.00
Supplier Payment: Zones It
Solutions Inc: 09/17/2024
City of Rancho
Cucamonga
09/17/2024 Zones It Solutions Inc 63,901.10 0 63,901.10
Supplier Payment: Westrux
International Inc: 09/17/2024
Rancho
Cucamonga Fire
Protection District
447769 09/17/2024 Westrux International Inc 0 4,732.67 4,732.67
Supplier Payment: Napa Auto
Parts: 09/17/2024
Rancho
Cucamonga Fire
Protection District
09/17/2024 Napa Auto Parts 0 824.03 824.03
Supplier Payment: Graybar Electric
Company Inc: 09/17/2024
City of Rancho
Cucamonga
09/17/2024 Graybar Electric Company
Inc
22,508.92 0 22,508.92
Supplier Payment: Ccs Orange
County Janitorial Inc: 09/17/2024
City of Rancho
Cucamonga
447723 09/17/2024 Ccs Orange County
Janitorial Inc
83,334.25 0 83,334.25
Supplier Payment: Unity Courier
Service Inc: 09/17/2024
City of Rancho
Cucamonga
447759 09/17/2024 Unity Courier Service Inc 657.34 0 657.34
Supplier Payment: Vca Central
Animal Hospital: 09/17/2024
City of Rancho
Cucamonga
447764 09/17/2024 Vca Central Animal
Hospital
686.29 0 686.29
Supplier Payment: Ups: 09/17/2024 City of Rancho
Cucamonga
447762 09/17/2024 Ups 63.78 0 63.78
Supplier Payment: Upbeat Parade
Productions: 09/17/2024
City of Rancho
Cucamonga
447760 09/17/2024 Upbeat Parade Productions 20,000.00 0 20,000.00
Supplier Payment: Directv:
09/17/2024
City of Rancho
Cucamonga
447732 09/17/2024 Directv 107.24 0 107.24
Supplier Payment: Stephanie
Contreras: 09/17/2024
City of Rancho
Cucamonga
447754 09/17/2024 Stephanie Contreras 1,437.50 0 1,437.50
Supplier Payment: The Toll Roads
Violations Dept: 09/17/2024
City of Rancho
Cucamonga
447757 09/17/2024 The Toll Roads Violations
Dept
611.27 0 611.27
Supplier Payment: Costar Realty
Information Inc: 09/17/2024
City of Rancho
Cucamonga
447727 09/17/2024 Costar Realty Information
Inc
1,833.30 0 1,833.30
Page 20
Council Meeting Check Register - without
SoCal Gas
09:11 AM
09/23/2024
Page 7 of 10
Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: Corodata Media
Storage Inc: 09/17/2024
City of Rancho
Cucamonga
447726 09/17/2024 Corodata Media Storage
Inc
90.10 0 90.10
Supplier Payment: Covetrus North
America: 09/17/2024
City of Rancho
Cucamonga
447728 09/17/2024 Covetrus North America 2,299.45 0 2,299.45
Supplier Payment: Onward
Engineering: 09/17/2024
City of Rancho
Cucamonga
447744 09/17/2024 Onward Engineering 17,680.00 0 17,680.00
Supplier Payment: Odp Business
Solutions Llc: 09/17/2024
City of Rancho
Cucamonga
447742 09/17/2024 Odp Business Solutions Llc 1,280.66 0 1,280.66
Supplier Payment: Pathway
Communications Ltd: 09/17/2024
City of Rancho
Cucamonga
447745 09/17/2024 Pathway Communications
Ltd
48,990.58 0 48,990.58
Supplier Payment: Hi-Way Safety
Inc: 09/17/2024
City of Rancho
Cucamonga
447738 09/17/2024 Hi-Way Safety Inc 476.46 0 476.46
Supplier Payment: The Remy
Corporation: 09/17/2024
City of Rancho
Cucamonga
447756 09/17/2024 The Remy Corporation 11,332.50 0 11,332.50
Supplier Payment: Bluespace
Interiors: 09/17/2024
City of Rancho
Cucamonga
447720 09/17/2024 Bluespace Interiors 31,844.72 0 31,844.72
Supplier Payment: Cintas
Corporation: 09/17/2024
City of Rancho
Cucamonga
447725 09/17/2024 Cintas Corporation 2,516.66 0 2,516.66
Supplier Payment: D & K Concrete
Company: 09/17/2024
City of Rancho
Cucamonga
447729 09/17/2024 D & K Concrete Company 9,388.27 0 9,388.27
Supplier Payment: Enko Systems
Inc: 09/17/2024
City of Rancho
Cucamonga
447734 09/17/2024 Enko Systems Inc 2,463.75 0 2,463.75
Supplier Payment: US Builders &
Consultants: 09/17/2024
City of Rancho
Cucamonga
447763 09/17/2024 US Builders & Consultants 56,809.65 0 56,809.65
Supplier Payment: Bicoastal
Productions: 09/17/2024
City of Rancho
Cucamonga
09/17/2024 Bicoastal Productions 11,750.00 0 11,750.00
Supplier Payment: Mwi Animal
Health: 09/17/2024
City of Rancho
Cucamonga
447741 09/17/2024 Mwi Animal Health 2,185.23 0 2,185.23
Supplier Payment: Am-Tec Total
Security Inc: 09/17/2024
City of Rancho
Cucamonga
447716 09/17/2024 Am-Tec Total Security Inc 450.00 0 450.00
Supplier Payment: Inland Valley
Repertory Theatre: 09/17/2024
City of Rancho
Cucamonga
09/17/2024 Inland Valley Repertory
Theatre
10,890.45 0 10,890.45
Supplier Payment: Animal Blood
Resources International:
09/17/2024
City of Rancho
Cucamonga
447717 09/17/2024 Animal Blood Resources
International
230.60 0 230.60
Supplier Payment: Brandon Lee
Acosta: 09/17/2024
City of Rancho
Cucamonga
447721 09/17/2024 Brandon Lee Acosta 384.00 0 384.00
Supplier Payment: East Valley
Emergency Pet Clinic Inc:
09/17/2024
City of Rancho
Cucamonga
447733 09/17/2024 East Valley Emergency Pet
Clinic Inc
150.00 0 150.00
Supplier Payment: Waxie Sanitary
Supply: 09/17/2024
City of Rancho
Cucamonga
447768 09/17/2024 Waxie Sanitary Supply 777.79 0 777.79
Page 21
Council Meeting Check Register - without
SoCal Gas
09:11 AM
09/23/2024
Page 8 of 10
Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: Buckeye
Veterinary Services, Inc.:
09/17/2024
City of Rancho
Cucamonga
447722 09/17/2024 Buckeye Veterinary
Services, Inc.
2,800.00 0 2,800.00
Supplier Payment: K-K
Woodworking: 09/17/2024
City of Rancho
Cucamonga
447740 09/17/2024 K-K Woodworking 32.29 0 32.29
Supplier Payment: Paymentus
Corporation: 09/17/2024
City of Rancho
Cucamonga
447746 09/17/2024 Paymentus Corporation 6,750.00 0 6,750.00
Supplier Payment: United Site
Services: 09/17/2024
City of Rancho
Cucamonga
447758 09/17/2024 United Site Services 305.29 0 305.29
Supplier Payment: G/M Business
Interiors: 09/17/2024
Rancho
Cucamonga Fire
Protection District
09/17/2024 G/M Business Interiors 0 266.63 266.63
Supplier Payment: SimsUShare:
09/17/2024
Rancho
Cucamonga Fire
Protection District
447752 09/17/2024 SimsUShare 0 2,320.00 2,320.00
Supplier Payment: Holliday Rock
Co Inc: 09/17/2024
City of Rancho
Cucamonga
447739 09/17/2024 Holliday Rock Co Inc 1,121.69 0 1,121.69
Supplier Payment: Ontario Spay &
Neuter Inc: 09/17/2024
City of Rancho
Cucamonga
447743 09/17/2024 Ontario Spay & Neuter Inc 600.00 0 600.00
Supplier Payment: Triden Group
Corp: 09/17/2024
City of Rancho
Cucamonga
09/17/2024 Triden Group Corp 225.00 0 225.00
Supplier Payment: Rancho West
Animal Hospital: 09/17/2024
City of Rancho
Cucamonga
447749 09/17/2024 Rancho West Animal
Hospital
1,700.00 0 1,700.00
Supplier Payment: Civic Solutions
Inc: 09/17/2024
City of Rancho
Cucamonga
09/17/2024 Civic Solutions Inc 3,768.75 0 3,768.75
Supplier Payment: Rapid Diesel
Repair Llc: 09/17/2024
City of Rancho
Cucamonga
447750 09/17/2024 Rapid Diesel Repair Llc 5,527.11 0 5,527.11
Supplier Payment: Verizon:
09/17/2024
City of Rancho
Cucamonga
447766 09/17/2024 Verizon 63.84 0 63.84
Supplier Payment: Workday Inc:
09/17/2024
City of Rancho
Cucamonga
09/17/2024 Workday Inc 432,132.00 0 432,132.00
Supplier Payment: Upland Animal
Hospital: 09/17/2024
City of Rancho
Cucamonga
447761 09/17/2024 Upland Animal Hospital 400.00 0 400.00
Supplier Payment: Velocity Truck
Centers: 09/17/2024
Rancho
Cucamonga Fire
Protection District
447765 09/17/2024 Velocity Truck Centers 0 782.20 782.20
Supplier Payment: Pepe'S Towing
Service: 09/17/2024
City of Rancho
Cucamonga
447747 09/17/2024 Pepe'S Towing Service 180.00 0 180.00
Supplier Payment: Champion
Awards & Specialties: 09/17/2024
City of Rancho
Cucamonga
447724 09/17/2024 Champion Awards &
Specialties
64.65 0 64.65
Supplier Payment: San Bernardino
County Sheriffs Dept: 09/17/2024
City of Rancho
Cucamonga
447751 09/17/2024 San Bernardino County
Sheriffs Dept
477.85 0 477.85
Page 22
Council Meeting Check Register - without
SoCal Gas
09:11 AM
09/23/2024
Page 9 of 10
Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: Southern
California Edison - Remit-To:
RCMU: 09/17/2024
City of Rancho
Cucamonga
447753 09/17/2024 Southern California Edison 4,337.37 0 4,337.37
Supplier Payment: Nv5 Inc:
09/19/2024
City of Rancho
Cucamonga
447790 09/19/2024 Nv5 Inc 16,961.52 0 16,961.52
Supplier Payment: Southern
California News Group: 09/19/2024
City of Rancho
Cucamonga
447799 09/19/2024 Southern California News
Group
9,967.56 0 9,967.56
Supplier Payment: Best Outdoor
Power Inland Llc: 09/19/2024
City of Rancho
Cucamonga
09/19/2024 Best Outdoor Power Inland
Llc
32.91 0 32.91
Supplier Payment: Xibitz Inc:
09/19/2024
City of Rancho
Cucamonga
447805 09/19/2024 Xibitz Inc 49,929.62 0 49,929.62
Supplier Payment: Ninyo & Moore:
09/19/2024
City of Rancho
Cucamonga
09/19/2024 Ninyo & Moore 2,155.50 0 2,155.50
Supplier Payment: 10-8 Retrofit,
Inc: 09/19/2024
Rancho
Cucamonga Fire
Protection District
447775 09/19/2024 10-8 Retrofit, Inc 0 3,679.55 3,679.55
Supplier Payment: Mariposa
Landscapes Inc: 09/19/2024
City of Rancho
Cucamonga
09/19/2024 Mariposa Landscapes Inc 63,286.54 0 63,286.54
Supplier Payment: West Coast
Arborists Inc: 09/19/2024
City of Rancho
Cucamonga
447804 09/19/2024 West Coast Arborists Inc 9,434.26 0 9,434.26
Supplier Payment: Ontario Spay &
Neuter Inc: 09/19/2024
City of Rancho
Cucamonga
447791 09/19/2024 Ontario Spay & Neuter Inc 6,000.00 0 6,000.00
Supplier Payment: Siteone
Landscape Supply Llc: 09/19/2024
City of Rancho
Cucamonga
447796 09/19/2024 Siteone Landscape Supply
Llc
4,380.10 0 4,380.10
Supplier Payment: Environment
Planning Dvmt Solutions:
09/19/2024
Rancho
Cucamonga Fire
Protection District
447782 09/19/2024 Environment Planning
Dvmt Solutions
0 63,888.27 63,888.27
Supplier Payment: South Bay
Foundry Inc: 09/19/2024
City of Rancho
Cucamonga
447798 09/19/2024 South Bay Foundry Inc 4,313.03 0 4,313.03
Supplier Payment: All Welding:
09/19/2024
City of Rancho
Cucamonga
447776 09/19/2024 All Welding 1,775.00 0 1,775.00
Supplier Payment: Idexx
Distribution Inc: 09/19/2024
City of Rancho
Cucamonga
447785 09/19/2024 Idexx Distribution Inc 646.07 0 646.07
Supplier Payment: Brightview
Landscape Services Inc:
09/19/2024
City of Rancho
Cucamonga
09/19/2024 Brightview Landscape
Services Inc
24,741.31 0 24,741.31
Supplier Payment: Emergent
Devices Inc.: 09/19/2024
City of Rancho
Cucamonga
447781 09/19/2024 Emergent Devices Inc.4,266.90 0 4,266.90
Supplier Payment: Analyze
Corporation: 09/19/2024
City of Rancho
Cucamonga
447777 09/19/2024 Analyze Corporation 5,400.00 0 5,400.00
Supplier Payment: Graybar Electric
Company Inc: 09/19/2024
City of Rancho
Cucamonga
09/19/2024 Graybar Electric Company
Inc
70,299.96 0 70,299.96
Page 23
Council Meeting Check Register - without
SoCal Gas
09:11 AM
09/23/2024
Page 10 of 10
Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: MLAM Inc.:
09/19/2024
City of Rancho
Cucamonga
09/19/2024 MLAM Inc.1,200.00 0 1,200.00
Supplier Payment: Abc Locksmiths
Inc: 09/19/2024
City of Rancho
Cucamonga
09/19/2024 Abc Locksmiths Inc 408.38 0 408.38
Supplier Payment: Mwi Animal
Health: 09/19/2024
City of Rancho
Cucamonga
447788 09/19/2024 Mwi Animal Health 314.73 0 314.73
Supplier Payment: Citrus Motors
Ontario Inc: 09/19/2024
City of Rancho
Cucamonga
447779 09/19/2024 Citrus Motors Ontario Inc 1,151.93 0 1,151.93
Supplier Payment: Beach
Entertainment And Talent Inc.:
09/19/2024
City of Rancho
Cucamonga
09/19/2024 Beach Entertainment And
Talent Inc.
10,793.00 0 10,793.00
Supplier Payment: Hill'S Pet
Nutrition Sales Inc: 09/19/2024
City of Rancho
Cucamonga
447784 09/19/2024 Hill'S Pet Nutrition Sales
Inc
1,575.57 0 1,575.57
Supplier Payment: Onyx Paving
Company Inc: 09/19/2024
City of Rancho
Cucamonga
447793 09/19/2024 Onyx Paving Company Inc 1,559,668.39 0 1,559,668.39
Supplier Payment: Rdo Equipment
Company: 09/19/2024
City of Rancho
Cucamonga
09/19/2024 Rdo Equipment Company 49.06 0 49.06
Supplier Payment: Onward
Engineering: 09/19/2024
City of Rancho
Cucamonga
447792 09/19/2024 Onward Engineering 12,555.00 0 12,555.00
Supplier Payment: Myers Tire
Supply Company: 09/19/2024
Rancho
Cucamonga Fire
Protection District
447789 09/19/2024 Myers Tire Supply
Company
0 232.92 232.92
Supplier Payment: Cummins Sales
& Service: 09/19/2024
Rancho
Cucamonga Fire
Protection District
447780 09/19/2024 Cummins Sales & Service 0 1,686.40 1,686.40
Supplier Payment: Promotions
Tees & More: 09/19/2024
City of Rancho
Cucamonga
09/19/2024 Promotions Tees & More 4,475.46 0 4,475.46
Supplier Payment: San Bernardino
County Sheriff'S Dept: 09/19/2024
City of Rancho
Cucamonga
09/19/2024 San Bernardino County
Sheriff'S Dept
492.00 0 492.00
Supplier Payment: Walters
Wholesale Electric Co: 09/19/2024
Rancho
Cucamonga Fire
Protection District
447802 09/19/2024 Walters Wholesale Electric
Co
0 30.66 30.66
Supplier Payment: Joseph Morales
Aguilar: 09/19/2024
Rancho
Cucamonga Fire
Protection District
447786 09/19/2024 Joseph Morales Aguilar 0 1,088.00 1,088.00
3,542,281.59 215,493.49 3,757,775.08
Page 24
DATE:October 2, 2024
TO:Mayor and Members of the City Council
President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Tori Roberts, Interim Finance Director
Veronica Lopez, Accounts Payable Supervisor
SUBJECT:Consideration to Approve Fire District Weekly Check Registers for
Checks Issued to Southern California Gas Company in the Total Amount
of $295.21 Dated September 11, 2024, Through September 22, 2024.
(CITY/FIRE)
RECOMMENDATION:
Staff recommends City Council/Board of Directors of the Fire Protection District approve payment
of demands as presented. Weekly check register amounts are $295.21 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 25
Council Meeting Check Register - SoCal Gas 09:21 AM
09/23/2024
Page 1 of 1
Company: City of Rancho Cucamonga
Rancho Cucamonga Fire Protection District
Successor Agency to the Redevelopment Agency of the City of Rancho Cucamonga
Payment Date On or After: 09/11/2024
Payment Date On or Before: 09/22/2024
Supplier Payment Company Check
Number Check Date Supplier
Name
City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection
District
Payment Amount
for Reporting
Transaction
Supplier Payment: Socal
Gas: 09/19/2024
Rancho
Cucamonga Fire
Protection
District
447797 09/19/2024 Socal Gas 0 295.21 295.21
0 295.21 295.21
ATTACHMENT 1
Page 26
DATE:October 2, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Julie A. Sowles, Deputy City Manager Civic and Cultural Services
Jennifer Hunt Gracia, Community Services Director
SUBJECT:Consideration of the Proposed Changes to the Naming of Parks and
Facilities Policy. (CITY)
RECOMMENDATION:
Staff recommends the City Council accept and adopt the proposed changes to the Naming of
Parks and Facilities Policy.
BACKGROUND:
The existing Naming of Parks and Facilities Policy established the approval process and
guidelines for uniform and consistent evaluation of dedication and naming requests to ensure
equitable bestowment based on common criteria. This policy set formal guidelines for the
allocation of sponsorship naming rights for accepting and recognizing contributions through
Sponsor Agreements developed through fundraising campaigns.
ANALYSIS:
The current Naming of Parks and Facilities Policy, adopted in 2011, lists the Park and Recreation
Commission, Rancho Cucamonga Community and Arts Foundation and Rancho Library
Foundation as entities in the review, approval, or sponsorship negotiation process for a City park
or recreation facility.
With the dissolution of the Park and Recreation Commission and the severance of Rancho
Cucamonga Community and Arts Foundation and Rancho Library Foundation from the City, staff
proposes the following changes to the Naming of Parks and Facilities Policy’s review process.
1. General naming or Commemorative naming opportunities for parks and recreation or cultural
facilities are taken for review by the Park and Recreation Subcommittee. The Subcommittee will
forward a final recommendation to the City Council for review.
2. Sponsorship naming rights for recreational and cultural facilities shall be solicited and
negotiated by Community Services Department (CSD) staff. CSD staff will forward a final
recommendation to the City Council for approval.
3. General naming or Commemorative naming opportunities for library facilities shall be
researched by the Library Services Department and taken for review to the Library Board of
Trustees. The Board will forward a final recommendation to the City Council for approval.
Page 27
Page 2
2
5
6
4
4. Sponsorship naming rights for library facilities shall be solicited and negotiated by Special
Campaign Committee in conjunction with the Library Services Department and taken for review
to the Library Board of Trustees. The Board will forward a final recommendation to the City Council
for approval.
FISCAL IMPACT:
There are no fiscal impacts when adopting the Naming of Parks and Facilities Policy.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
The approval of the Naming of Parks and Facilities Policy supports the City Council’s core value
of working together cooperatively and respectfully with each other, staff, and all stakeholders.
ATTACHMENTS:
Attachment 1 - Naming of Parks and Facilities Policy
Page 28
ATTACHMENT 1
CITY OF RANCHO CUCAMONGA
Naming of Parks and Facilities Policy
PAGE:Page 1 of 5
EFFECTIVE:
APPROVED:
REVISED:
A. PURPOSE
The following policy is to be used in the naming of parks, facilities and facility amenities owned by
the City of Rancho Cucamonga. To ensure that parks, facilities and amenities paid for and
operated by public funds have clear guidelines for establishing names and identity, this policy
establishes uniform and consistent evaluation of dedication and naming requests and to ensure
that this honor is bestowed in an equitable manner and based on common criteria supported by
compelling reasons. All naming must be congruent with overall strategic mission, vision and
values for the City of Rancho Cucamonga. Final approval of all naming is the responsibility of the
City Council unless otherwise stated.
Additionally, the policy sets forth guidelines for allocation of sponsorship naming rights for
accepting and recognizing contributions through Sponsor Agreements developed through
fundraising campaigns.
B. DEFINITIONS:
The following definitions shall be in effect for this policy:
•Public Parks and Open Space: City owned parks, open space and trails.
•Recreational Community Facilities: City owned buildings that are used primarily for
recreational or cultural activities.
•Other Community Facilities: City owned facilities used to conduct city business or provide
services that are not recreational or cultural in nature.
•Facility Amenities: Portions of City owned properties subject to naming including rooms,
courtyards, sport fields and significant architectural elements of a facility. Site furnishings,
equipment or fixtures are excluded from this policy.
C. NAMING CATEGORIES/CRITERIA
The following factors shall be considered in the naming of any park, open space, facility or
amenity:
1. General Conditions and Exclusions
•Naming that promotes unhealthy lifestyles, including but not limited to alcohol or
tobacco use will not be considered.
•Naming that promotes any political organization will not be considered.
Page 29
CITY OF RANCHO CUCAMONGA - NAMING OF PARKS AND FACILITIES POLICY
PAGE 2
•Re-naming of City facilities is strongly discouraged and can only be considered when
compelling circumstances exist.
•The Rancho Cucamonga Epicenter is excluded from this policy. Its naming guidelines
are subject to the terms and conditions of the tenant lease with the resident minor
league baseball team.
•The Rancho Cucamonga Civic Center is not available for naming opportunities;
however amenities within the building may receive Commemorative Naming.
2. Geographical Location, Historical Designation & Designated Facility Function
•First preference is to provide easy and recognizable reference for City residents based
on the location and the designated function of the park or facility.
•If a park site or facility is located next to a school and the school has been officially
named, it may bear the same name. If the school has not been named, the City shall
work with the School District on a mutually agreed upon name.
•If the park site or facility is near a geographical landmark it may be named for that
landmark if it is not adjacent to a school site.
•A park or facility may be named for an adjacent street or commemorative event if it is
not located next to a school site or significant geological or historic element.
•If the park site or facility is near a historical site or landmark, it may be named for that
site.
•A park site, facility or amenities may be named after individuals or organizations if they
have contributed significantly to the development of the park, amenity, general park
system or other City project or program.
3. Termination of Naming Rights
Due to the high profile nature of public facilities, diligence and discretion must be exercised in
their naming. Significant review and higher standard of care will be applied in the use of a name
of an individual, organization or business. The City reserves the right to reject any sponsor
requests or naming request at any time during the approval process. The City Council may
remove a name from a park, open space, trail, building, or portion thereof, structure, equipment or
furnishing when deemed by the City Council to be in the best interest of the City.
The City Council reserves the right to suspend the use of a Commemorative Name or terminate a
Sponsor Agreement in the case of circumstances involving fraud, poor moral character, criminal
activity or other actions which would reflect poorly on the reputation, image or good-will of the
City. Additionally, should a corporate entity cease to exist, their naming rights may be terminated.
D. NAMING DESIGNATIONS – COMMEMORATIVE AND SPONSORSHIPS
Individuals, families, organizations or businesses recognized shall be defined as either a
Commemorative designation (for outstanding civic contributions) or Sponsorship designation (in
exchange for financial contribution). City Hall is excluded from either Commemorative or
Sponsorship naming opportunities. Existing parks or facilities with a Commemorative name are
Page 30
CITY OF RANCHO CUCAMONGA - NAMING OF PARKS AND FACILITIES POLICY
PAGE 3
excluded from Sponsorship naming, however amenities at existing parks or facilities maybe
considered.
1. Commemorative Naming
•Honorarium/Memorial – includes the use of a name of an individual, family or
organization (not associated with Sponsorship Agreements) for the purpose of
recognizing distinguished and significant contributions to the community that resulted in
positive, lasting impacts. Preference is that Commemorative Naming be done in
conjunction with Geographical and Functional Naming.
•Commemorative Naming shall be done in a manner that ensures that there is broad
support for the naming and a general knowledge that the contributions of the individual,
family or organization are extraordinary. Extreme care and diligence must be exercised
in application of this policy to ensure that the selection of honorees will withstand the
test of time.
•Nominees for Commemorative Naming (individuals, families and organizations) are
subject to background investigations to ascertain and affirm that their character
represents the integrity and service to the community that warrants such a privilege.
•See Policy Section on Elected Officials for clarification of Commemorative Naming
involving individuals serving in an elected office capacity.
2. Sponsorship Naming Rights
Sponsorship Naming Rights includes naming in exchange for a significant donation from a
business, organization or individual to recognize philanthropic support, whether through an
affiliate non-profit Foundation or through the City. In evaluating Sponsorship Naming Rights
associated with an approved fundraising campaign, the following guidelines are to be
adhered to:
•The City may enter into agreements with non-profits that allow the organization to solicit
contributions towards construction or operation of a City park or facility. Organizations
affiliated with the City that desire to raise funds for a City sponsored project must
receive City Council approval prior to soliciting naming opportunities.
•The non-profits may assist the City in negotiating terms of the gift. Staff will prepare a
recommendation to the appropriate City Council Subcommittee who will make a final
recommendation to the City Council.
•Sponsors will be required to enter into a Sponsorship Agreement with the City and
appropriate Foundation establishing terms and conditions, payment schedules, donor
status and recognition levels, duration of naming and termination of rights.
•Sponsorships will not be considered from any donor whose purpose or conduct would
reasonably demean the reputation, image or good-will of the City.
•Potential sponsorships will be evaluated in terms of their possible negative impact on
soliciting and obtaining additional sponsors in the future. Sponsors should not be
considered if such approval would likely result in a significant reduction in future
sponsors.
Page 31
CITY OF RANCHO CUCAMONGA - NAMING OF PARKS AND FACILITIES POLICY
PAGE 4
•Sponsorships, and wording on donor recognition/individual appeal plaques, will not be
considered which could place the staff, boards, committees, City Council, or the City in
any potential or perceived conflict of interest.
•Sponsorships will only be approved with corporations, organizations or individuals who
wish to contribute, based solely on their support of the mission and objectives of the
City. While acknowledgement of the sponsor’s official business, name and/or affiliation
is important for positive appreciation, the donor recognition program, including wording
used on donor recognition/individual appeal plaques, shall not be allowed for marketing
or advertisement of specific products, projects or campaigns.
•See Policy Section on Elected Officials for clarification of Sponsorship Naming involving
individuals serving in an elected office capacity.
E. COMMEMORATIVE OR SPONSORSHIP NAMING INVOLVING ELECTED OFFICIALS
Extreme care is to be used in consideration of naming a public park or facility in recognition of
elected public officials.
1. Commemorative Naming Guidelines for Elected Officials
To be considered for Commemorative Naming of a park, facility or amenity in the name of a
Federal, State or Local elected official for their contributions associated with their elected
office, the individual must not have served in elected office for which they are being
recognized for at least one year. Exceptions are at the discretion of the City Council and will
only be considered when extenuating circumstances exists.
2. Sponsorship Naming Guidelines for Elected Officials
For the purposes of recognizing a financial contribution through a negotiated sponsor
agreement through an approved fundraising campaign, a building, room or amenity may bear
the name of an elected official if specific conditions are met, including approval of a formal
written agreement outlining the terms and conditions of the Naming Rights. The individual
must not have served in the elected office from which they assisted with the financial
contribution for at least one year. Final approval is at the discretion of the City Council.
F. APPROVAL PROCESS
Initiation of naming can occur at the Department level or by a member of the community. City
staff may solicit community input for the naming of a public facility or commence an ad hoc
committee for a planned project. Naming opportunity recommendations shall be forwarded for
approval to the City Council from the appropriate Department, Board, Committee or Commission.
Depending upon the park or facility beginning considered for naming, the following guidelines
apply:
Page 32
CITY OF RANCHO CUCAMONGA - NAMING OF PARKS AND FACILITIES POLICY
PAGE 5
1. Park or Recreational Facility or Amenity
•General naming or Commemorative naming opportunities for parks and recreational or
cultural facilities shall be researched by the Community Services Department and taken
for review to the Park and Recreation Subcommittee. The Subcommittee will forward a
final recommendation to the City Council for approval.
•Sponsorship naming rights for recreational or cultural facilities shall be solicited and
negotiated by the Community Services Department and taken for review to the Park and
Recreation Subcommittee. The Subcommittee will forward a final recommendation to the
City Council for approval.
2. Library Facility or Amenity
•General naming or Commemorative naming opportunities for library facilities shall be
researched by the Library Services Department and taken for review to the Library Board
of Trustees. The Board will forward a final recommendation to the City Council for
approval.
•Sponsorship naming rights for library facilities shall be solicited and negotiated by
Special Campaign Committee in conjunction with the Library Services Department and
taken for review to the Library Board of Trustees. The Board will forward a final
recommendation to the City Council for approval.
3. Other Facilities or Amenities
•General naming opportunities for other facilities shall be reviewed by the appropriate
Department and forwarded to the City Council for final approval.
•Sponsorship naming rights for other facilities shall be solicited and negotiated by the
appropriate Department and forwarded to the City Council for final approval.
Page 33
DATE:October 2, 2024
TO:Mayor and Members of the City Council
President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Elisa Cox, Assistant City Manager/Administrative Services Director
Tori Roberts, Interim Finance Director
Hiram Zavala, Management Analyst II
SUBJECT:Consideration to Receive and File Current Investment Schedules as of
August 31, 2024, for the City of Rancho Cucamonga and the Rancho
Cucamonga Fire Protection District. (CITY/FIRE)
RECOMMENDATION:
Staff recommends that the City Council/Board of Directors of the Fire Protection District receive
and file the attached current investment schedules for the City of Rancho Cucamonga (City) and
the Rancho Cucamonga Fire Protection District (District) as of August 31, 2024.
BACKGROUND:
The attached investment schedules as of August 31, 2024, reflect cash and investments managed
by the Finance Department/Revenue Management Division and are in conformity with the
requirements of California Government Code Section 53601 and the City of Rancho
Cucamonga’s and the Rancho Cucamonga Fire Protection District’s adopted Investment Policies
as approved on June 27, 2024.
ANALYSIS:
The City’s and District’s Treasurers are each required to submit a quarterly investment report to
the City Council and the Fire Board, respectively, in accordance with California Government Code
Section 53646. The quarterly investment report is required to be submitted within 30 days
following the end of the quarter covered by the report. However, the City and District Treasurers
have each elected to provide this report on a monthly basis.
FISCAL IMPACT:
None.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The monthly investment schedule supports the City Council’s core value of providing and
nurturing a high quality of life for all by demonstrating the active, prudent fiscal management of
the City’s investment portfolio to ensure that financial resources are available to support the
various services the city provides to all Rancho Cucamonga stakeholders.
ATTACHMENTS:
Attachment 1 - Investment Schedules (City)
Attachment 2 - Investment Schedules (Fire)
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Page 100
DATE:October 2, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jennifer Hunt Gracia, Community Services Director
SUBJECT:Consideration of an Amended Joint Use Agreement Between the City of
Rancho Cucamonga and the Chaffey Joint Union High School District for
the Use of School District Sports Fields. (CITY)
RECOMMENDATION:
Staff recommends the City Council authorize approval of an amended Joint Use Agreement
between the City of Rancho Cucamonga and the Chaffey Joint Union High School District for the
use of school district sports fields.
BACKGROUND:
In 2002, the City of Rancho Cucamonga and Chaffey Joint Union High School District (District)
entered into a joint use agreement allowing the City to schedule District owned and operated
facilities for recreation purposes and community use.
The agreement established new terms, conditions, and responsibilities of each of the parties and
specified the facilities available for City sponsored activities and for the members of the Sports
Advisory Committee (Rancho Cucamonga based youth non-profit sports groups). This agreement
resulted in a greater priority for the Sports Advisory Committee’s use of high school sports fields.
The joint use agreement was amended previously in 2011 and in 2018.
ANALYSIS:
Since the last amendment in 2018 to the agreement, changes in high school daily schedules and
additional high school sports have necessitated an amended agreement. The usage of high
school sports fields for the Sports Advisory Committee has been reduced over the years.
The new agreement includes the following revisions:
a) reduction in the annual financial contribution from City to Chaffey Joint Union High School
District;
b) reduction to the times school fields are available to the City for scheduling;
c) alteration to the schedule the District will communicate availability of school sports fields to
City; and
d) requirements of Sports Advisory Committee organizations utilizing District fields.
The Chaffey Joint Union High School District Board approved this amended Joint Use Agreement
on Tuesday, August 13, 2024.
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FISCAL IMPACT:
Upon amendment approval, the amount budgeted by the City to pay Chaffey Joint Union High
School District for Fiscal Year 2024/2025 will be reduce from $48,780 to $33,000 and subsequent
years will include annual CPI increases to the budgeted amount. Funds are budgeted in the
current fiscal year operating budget, General Fund, Contract Services/Chaffey Joint Union High
School District: F001CC405SC2106P0001. Future years will be budgeted during the annual
budget process.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This amended agreement with the Chaffey Joint Union School District meets the City Council
Core Values of intentionally embracing and anticipating the future and working together
cooperatively and respectfully with all stakeholders.
ATTACHMENTS:
Attachment 1 - Joint Use Agreement
Page 102
THIRD AMENDꢄD ANꢢ RESTATꢄD JOIꢅT USꢄ AGRꢄꢄMꢄꢅT BY AND ꢀꢁꢂꢃꢄꢅ THꢄCHAFFꢄY ꢆOꢇT UꢅIOꢅ HIGH SCHOOL DISTRICTAꢅD THꢄ CITY OF RANCHO CUCAMOꢅGA ("AGREEMEꢅTꢍ)
This Agreement ("Aꢪꢐeement") was oꢴiꢪinꢑlꢛy enteꢐed into and becꢈe effective on tꢙe 6ꢀ dꢑy of
Novembeꢐ, 2002 ("Effective Dꢑteꢍ) by ꢑꣂd between tꢙe Cꢙꢑffey ꢆoint Union Hiꢪꢏ Scꢙooꢛ Distꢴꢠct ("ꢉisꢊꢋcꢌꢍꢎ
ꢑnd ꢼꢏe City of Rꢑncꢙo Cucꢑmonꢪꢑ ("Ciꢹyꢍ). Tꢏe Aꢪꢐeement was tꢏeꢐeꢑꢒeꢐ ꢓended and ꢐestꢑteꢱ on the 4ꢁdꢑy of Aꢔꢪꢔst, 2011 ꢑnd on tꢙe 16tꢙ dꢑy ofJanꢔꢕꢖꢗ 2018, ꢑꣂd heꢐeby tꢙe Aꢪꢐeement is ꢑmended anꢱ ꢐestꢑted
as set ꢘꢐtꢙ ꢏeꢐein, on ꢼhe 13tꢙ dꢑy of Auꢪꢔst, 2024, ꢑlꢛ otꢙeꢐ veꢐsions of tꢏe Aꢪꢐeement beinꢪ supeꢐseꢱed in
tꢏeiꢐ entiꢐetꢖ.
Section 1:Intent of tꢏe Pꢑꢴties.
Disꢊict owns ꢑnꢱ opeꢐꢑtes seveꢐꢑꢛ ꢚciꢛꢜties tꢏꢑt are oꢐ cꢑn be ꢺtilized ꢘꢐ ꢐecꢐeꢑtion purposes. City
desiꢐes to obtꢑin the ꢐꢋꢪht to ꢔtiꢞize tꢙe District's ꢝciꢞities ꢟꢐ its ꢐesidents' ꢐecꢐeꢑtion ꢑctivities ꢑt no cost oꢐ
bꢔꢐden to Disꢊꢠctꢡ Ciꢹy anꢱ Distꢐꢠct beieve tꢏe joint ꢔse of tꢙe ꢢisꢣict ꢚꢤiꢛities wiꢛꢛ be beneficiꢑꢛ to botꢙ
entities and wilꢛ mꢑximize tꢙe ꢐecꢐeꢑtionꢑꢛ oppoꢐtꢔnities ꢑvꢑilꢑbꢛe to tꢙe constituents witꢏin eꢑcꢏ entiꢥꢦs
juꢐisdiction. This Aꢪꢐeement is intended to establisꢙ the teꢧsꢨ conditions anꢱ pꢐomises by wꢙicꢏ City ꢑꣂd
District wil pꢴovide ꢩꢐ tꢙe ꢛonꢪ-teꢫ ꢔse of tꢙe ꢝcilitꢠes ꢘꢐ ꢐecꢐeꢑtion pꢬosesꢭ City and Disꢣict eacꢏ
jointꢛy and sepꢮteꢯy ꢑꢪꢐee ꢑnꢱ ꢑcknowꢛedꢪe tꢙꢑt the baꢐꢪained ꢘꢐ pꢴomises, duties ꢰꢱ covenants of tꢙe
otheꢐ aꢐe vꢑlꢔꢑble consideꢐꢑtion tꢏꢑt eacꢙ is ꢐelꢖinꢪ ꢔpon ꢲd ꢑbsent tꢙꢠs consideꢐꢑtion neiꢹꢏeꢐ would hꢑve
enteꢐed into ꢹꢙis Aꢪꢐeement.
Section 2:Reꢑꢛ ꢳꢴoꢵeꢶ Sꢔbject to this Agꢐeement.
Tꢙe District intends Ciꢹy to be abꢛe to jointꢞy ꢔse onꢛy tꢙe District's ꢙiꢪꢙ scꢏools, pꢐesent ꢲꢷ ꢸꢹꢺꢐe
wꢏicꢙ aꢐe locꢑted wꢋthin City, ꢟꢐ joint ꢔse. The specific list of hiꢪꢙ scꢙools ꢑnd sites tꢙꢑt ꢑꢐe ꢐeꢪulꢑted bꢖ
tꢏis Aꢪꢐeement (in wꢙoꢛe oꢐ pꢻ "Fꢑcilitiesꢍ) ꢑꢐe set ꢟꢐꢼꢙ on Eꢽibit A. Tꢙe ꢱescꢴꢠbed ꢐeꢑꢛ pꢐopeꢾy mꢑy be
ꢑ poꢐtion of ꢑ ꢛꢑꢐꢪeꢐ pꢑrceꢛ. In sucꢙ ciꢐcumstance tꢙe pꢿies anꢱ tꢙeiꢐ inviteesꢨ licensees ꢑnd ꢐepꢐesentꢑtives
mꢑy, by mꢔꢼꢔꢑꢯ ꢑꢪꢐeement ꢔtilize ꢑꣂy ꢐeꣀonꢑbꢛe poꢴtion of tꢙe entiꢐe paꢐceꢛ in a ꢐeꣁonꢑbꢛe mꢲꣂeꢐ so ꢑs to
effectuꢑte the intent of ꢼꢏis Aꢪꢐeement. Disꢼꢴict ꢑꢪꢐees to, ꢑt ꢑlꢛ times, mꢑintꢑin ꢼꢙe Fꢑciꢛities in ꢑ sꢑfe and
ꢐeꣀonꢑbꢛe condition ꢑnd in ꣃlꢛ accoꢐd witꢙ ꢑlꢛ ꢛꢑws and ꢐeꢪꢔlꢑtions ꢐeꢪꢔlatinꢪ ꢼꢙe sꢔbject ꢐeꢑꢯ pꢐope꣄ꢖ ꢑnꢱ
tꢏe manaꢪement tꢙeꢐeof, and tꢙe City ꢑꢪꢐees to, ꢑt ꢑlꢛ timesꢨ ꢔse the Fꢑciꢛities in ꢑ sꢑfe ꢑnd ꢐeꣀonꢑbꢛe conꢱition
and in ꣅꢛ accoꢴd wꢋth the teꢐms of tꢏis Aꢪꢐeement ꢑnd ꢑlꢛ lꢑws ꢑnd ꢐeꢪuꢛꢑtions pertaininꢪ to sꢔcꢙ ꢔse.
ATTACHMENT 1
1
Page 103
Section 3:Use and Scheꢄuling Prꢀoꢁiꢂ.
A. Disꢣrict's hiꣁh schooꢬ sponsoꢁed activities shaꢨꢨ, ꢞnless otherwise ꢆꣁꢁeed to by City ꢃꢄ ꢭistꢁict, be
ꢆccꢔꢁded the fiꢁst pꢁioꢁiꢿy in ꢿhe scheduꢨing ofthe Faciꢨities' ꢞse as specifieꢄ in this Aꣁꢁeement. Ciꢅ sponsored
oꢾ schedꢞꢬed ꢆctivities shꢆꢨꢬ hꢆve a secondꢆꢇ prioꢾity. In adꢄition, ꢭisꢣꢁꢀct ꢯiꢨꢬ, ꢯheneveꢁ possibꢨe, pꢁovide
ꢿhe City ꢯith scheꢄꢞꢬing prꢀoꢁity oveꢁ aꢨꢨ oꢣheꢁ oꢞtside oꢁganizꢆtions. Distꢁict agrees to ꢞse its best effoꢁꢿs to
make these Faciꢬities ꢆvꢆiꢨabꢨe to City and Ciꢅꢈs ꢨicenses and invitees, ꢉ oꢊen anꢄ ꢋꢁ ꢉ ꢨong ꢆ tiꢲe as is
possibꢨe. Sꢞbject to ceꢌꢆin exceptiꢔns described beꢨoꢯ, once ꢆ Fꢆciꢬiꢿy is scheꢄꢞꢨed ꢍꢁ City event use thꢆt
ꢁeseꢁvatiꢔn shaꢬl not be sꢞbject to canceꢨꢬation, ꢨimitꢆtion, ꢆlteratiꢔn or ꢁesꢎictꢏon ꢉ a ꢁesuꢨt of ꢐisꢑctꢒs
subseqꢞentꢨy arisinꣁ ꢞse, except ꢉ specificaꢬꢨy permitteꢄ by this Aꣁreeꢜent.
B . Exceptions.
1.Disꢓct shaꢬꢨ have schedꢞꢨinꣁ pꢁiviꢬeꣁes in cꢔnꢍꢕance ꢯꢏꢿh the CIF ꢬeague ꣁames puꢁsꢞaꢺt
to the scheꢄꢞꢬe Disꢖict shꢆlꢨ deꢨiveꢁ to Ciꢅ, provided sꢆꢜe is avaꢀlabꢬe to the Distꢁꢚct, by Augꢞst 1 st of each
yeꢗ ꢘꢁ ꢿhe subsequent schooꢬ year and suꢳꢲer ꢜonꢿhs (Augꢞst 1 - Jꢞꢬy 31 ).2.Disꢎict shaꢨꢨ hꢆve scheꢄꢞꢨinꣁ pꢁioꢁity ꢘꢁ ꢆlꢨ CIF ꢨeꢆgꢞe pꢬꢆyoff gaꢜes, provided thꢆt District
deꢨiveꢁs City tꢫe pꢬꢆyoff game schedꢞꢨes in ꢆ timeꢬy manꢺeꢁ ꢆꢙer Disꢖꢚct receives the pꢨayoff schedule ꢛoꢜ
CIF. ꢝꢞrꢟeꢁꢠ ꢄꢞrꢚnꣁ the pꢨayoff peꢡoꢄꢢ a Disꢿrict team invoꢬved in ꢿhe coꢜpetition ꢜꢆy, ꢞpon ꢘrꢣyꢤeiꢥhꢦ (48)
houꢁ advance notice to City, ꢞtiꢬize the Faciꢨity they designꢆte ꢞntiꢬ 6:00 p.m. on ꢧy day.3.Student Heaꢨꢿh and Safeꢣy Reschedꢞꢨing. In the coꢞrse of eꢆch month, "Extreme Cꢨiꢲꢆte
Conditions" may ꢁeqꢞiꢁe ꢦꢫe postponeꢜent, deꢬay o ꢁ other ꢆꢄjusꢿment ofschooꢨ ꢆthꢬetic schedꢞꢨes. "Extreme
Climate Conditions" meꢃs that either ꢿhe tempeꢁꢆtꢞre or air qꢞaꢨiꢩ conditions aꢁe ꢆt ꢆ ꢬeveꢬ ꢯhich has been
ꢄeeꢜed unsafe or ꢪꢫeaꢬthy by ꢜedicꢆl experꢿs ꢣhe ꢭisꢎꢚct has deemed reꢬiabꢨe. ꢭistꢁict ꢁeserves the rig ht ꢣo
pꢁeempt City events to ꢆccommodꢆte ꢦhe reschedꢞꢬinꣁ ꢔf schooꢨ athꢬetic events dꢞe to the occuꢮence of
Exꢿreꢜe Cꢬiꢜate Conditions. This right is ꢬiꢜited as ꢋꢬꢨoꢯsꢰꢆ. ꢭisꢎict shꢆꢨꢬ notiꢱ Ciꢣy iꢲꢳediꢴeꢨy ꢞpon Disꢵictꢶs ꢄeterꢜinꢷion tꢫꢆt event ꢁescheꢄuꢬing is
necessary.
b. No preeꢜption ofa Ciꢦy eveꢺt shalꢬ be peꢁꢜiꢸed if City hꢉ schedꢞꢨed ꢞse aꢙer dark on a fieꢨd
ꢯhere the Ciꢿy has instꢆꢬꢬed oꢁ ꢹꢺꢄed ꢿhe ꢨighting eqꢞipꢜent ꢆt ꢿhe fieꢨd.c. ꢭistꢁict ꢜꢆy eꢨect to ꢞtiꢬize ꢿhe Fꢆciꢨity Ciꢿy has ꢁeseꢻed pꢞꢁsꢞꢆnt to Section 4.
4.Disꢣrꢀct Speciaꢨ Usaꣁe. Disꢿꢾict mꢆy ꢁeqꢞest, and Ciꢿy agꢁees to use its best ꢁeasonable eꢼoꢽs
to ꢆccomꢲoꢄꢆte ꢞniqꢞe Disꢖꢚct reꢨated ꢞsꢆge (e.ꣁ., mꢆrchinꣁ Band oꢁ ROTC practice.) ꢭistrict shꢆꢨꢨ pꢁovide
City ꢘꢾꢿyꣀeiꣁht (48) hours' notice of sꢞch ꢁequest. Disꢿrꢏct ꢜꢆy eꢨect tꢔ utiꢨize the Faciꢬity Ciꢿy has ꢁeseꣂed
2
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DATE:October 2, 2024
TO:Mayor and Members of the City Council
President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Micah, Martin, Public Works Services Director
Mike McCliman, Fire Chief
Ruth Cain, CPPB, Procurement Manager
Andy Miller, Facilities Superintendent
Andrea Bauer, Management Analyst II
SUBJECT:Consideration of the Purchase of Electrical Supplies in an Amount Not to
Exceed $200,000 from Consolidated Electrical Distributors During FY
24/25 and $100,000 through December 31, 2025. (CITY/FIRE)
RECOMMENDATION:
Staff recommends the City Council and Board of Directors award the purchase of electrical
supplies on an as-needed basis from Consolidated Electrical Distributors of Ontario, in
accordance with Request for Bids (RFB) #24/25-107, in an amount not to exceed $200,000 during
Fiscal Year 2024/2025 and $100,000 through December 31, 2025.
BACKGROUND:
Quality electrical parts and supplies are essential in maintaining safe and functional City and
Fire facilities. These components are utilized in parking lots, internal and external building lighting
systems, sport lights, and electrical distribution systems. It is critical to use quality electrical
materials to sustain the City’s operations and ensure the longevity of all City and Fire facilities.
Electrical parts and supplies such as lamps, ballasts, circuit breakers, and wire are required to
perform repairs necessary to ensure that the City and Fire facilities are well maintained and safe
for the community.
ANALYSIS:
The Public Works Services Department provided the Procurement Division with specifications
for review and to determine the best method of procurement for electrical supplies from the top
qualified and most responsive vendors. The Procurement Division prepared and posted a
formal Request for Bid (RFB) #24/25-107 for the purchase of “Electrical Supplies on an as
Needed Basis” to the City’s automated procurement system. RFB #24/25-107 required pricing
through December 31, 2025. This enables the continued purchase of electrical parts and
supplies during the first half of FY 2025/2026 while a procurement is conducted for the following
year. There were 547 notified vendors, 22 prospective bidders downloaded or reviewed the
solicitation documentation, and 3 responses received. Consolidated Electrical Distributors was the
lowest qualified responsive vendor.
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All applicable bid documentation is on file in the City’s electronic bidding system and can be
accessed through the City’s web page.
FISCAL IMPACT:
The proposed purchase of electrical parts is within the various operations and maintenance
budget accounts in the adopted FY 2024/2025 budget and will be adjusted as necessary
contingent upon the approval of the FY 2025/2026 budget.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City Council core values of promoting and enhancing a safe and healthy
community for all in ensuring City and Fire District facilities are properly maintained.
ATTACHMENTS:
None.
Page 116
DATE:October 2, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Michael Parmer, Assistant to the City Manager
SUBJECT:Consideration to Approve a Cooperative Agreement Between the City of
Rancho Cucamonga and Cucamonga Valley Water District for the
Approved Wildfire Early Detection System Project; and Authorization to
Appropriate $333,850 for the FIREBird Wildfire Detection Device
System. (CITY)
RECOMMENDATION:
Staff recommends the City Council approve a cooperative agreement between the City of Rancho
Cucamonga and Cucamonga Valley Water District for the approved wildfire early detection
system project; and appropriate $333,850 for the FIREBird wildfire detection device system.
BACKGROUND:
The northern boundary of the City consists of a wildland-urban interface between the residential
Alta Loma and Etiwanda neighborhoods and the foothills of the San Gabriel mountains, all located
in a Very High Fire Hazard Severity Zone. This area is particularly vulnerable to the risks of wildfire
due to the rugged terrain and high wind events caused by gusting Santa Ana winds, which can
cause wildfires to spread rapidly. In 2003, the Grand Prix Fire, part of the Grand Prix incident –
Padua – Old Wildfire complex, caused an estimated $1.3 billion in damages. The area also
experienced the 2014 Etiwanda Fire, the Thorpe Fire in 2020 that ignited a small fire near Almond
and Mai Streets, and, most recently the Bridge Fire which came perilously close to the City’s
western boundary.
In June 2022, Assemblymember Chris Holden (District 41) secured $1,900,000 in pass through
grant funding that was included in the adopted budget trailer bill – Senate Bill (SB) 178 (SEC.
19.56. (AO) (19)). The funds, administered through CalOES, are to be used to implement a
wildlife early detection system.
The proposed early wildfire detection system, FIREBird, is produced by Lindsey FireSense LLC,
of Azusa, CA. The FIREBird system is designed specifically to detect and report wildfires as small
as 5 x 5 feet, up to a detectable distance of 900 feet, typically in less than two minutes. Rapid
detection results in faster fire response and smaller fires to contain. The goal of the system is to
save significant resources, money, and most importantly, lives. The funding will install the
FIREBird camera units along the City’s northern border and provides funds for ongoing training,
maintenance, and implementation.
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ANALYSIS:
Shortly after funding was secured for the wildfire early detection system, the City approached
the Cucamonga Valley Water District (CVWD) to collaborate on installing the FIREBird
system devices at key CVWD locations and critical assets throughout the City’s northern
boundaries and into the foothills from City limits in the west to City limits in the east. This
strategic placement of the wildfire early detection system aims to enhance fire safety, improve
emergency response times, and optimize resource management for effective wildfire
response and prevention for the benefit of City residents and CVWD customers.
The Cooperative Agreement (Exhibit 1) includes the following key terms:
Term and Termination: The Agreement will automatically terminate upon the removal of all
Devices from CVWD Assets. Either party may terminate the Agreement for cause.
Additionally, either party may elect to terminate the Agreement with at least one (1) year’s
prior written notice to the other Party for any reason or no reason.
CVWD shall have the right to review plans and specifications for installation of the Devices
and shall have the right to monitor the City’s work.
The City will provide CVWD with access to the imagery and data collected from the Devices.
The Devices will be independent of existing CVWD Assets, facilities, infrastructure, light
poles, towers, fencing and power supplies. Any request for a connection to such facilities, to
any degree whatsoever, shall be subject to the prior written consent of CVWD which may be
granted or denied in CVWD’s sole discretion.
California Environmental Quality Act (CEQA) Determination
It has been determined that approval of the Cooperative Agreement is categorically exempt
from CEQA pursuant to the Class 3 categorical exemption set forth in State CEQA Guidelines
Section 15303 (New Construction or Conversion of Small Structures). The Class 3 categorical
exemption applies to (1) the construction and location of limited numbers of new, small
facilities or structures (including structures up to 2,500 square feet), and (2) the installation of
small new equipment and facilities in small structures.
FISCAL IMPACT:
In addition to the consideration of approval by Council of the Cooperative Agreement, staff
requests the City Council authorize the appropriation of $333,850 into account number 1274208-
5650 (Capital Expenditures) for the purchase of ten (10) FIREBird wildfire early detection camera
systems, mounting brackets, a 6-year subscription to the Lindsey’s FIRESense web portal, 6-
years of cellular data service, and field and office engineering services and training.
COUNCIL MISSION / VISION / VALUE(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.
ATTACHMENTS:
Attachment 1 - Cooperative Agreement – City of Rancho Cucamonga Wildfire Early Detection
System
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1
COOPERATIVE AGREEMENT
BETWEEN THE CITY OF RANCHO CUCAMONGA
AND THE CUCAMONGA VALLEY WATER DISTRICT
FOR THE EARLY WILDFIRE DETECTION SYSTEM
PROJECT
1.Parties and Date
THIS COOPERATIVE AGREEMENT ("Agreement") is made and is effective this
_______day of ____________, 2024, ("Effective Date") by and between the CITY OF
RANCHO CUCAMONGA, a municipal corporation ("City"), and CUCAMONGA
VALLEY WATER DISTRICT, a public agency ("CVWD"). City and CVWD are
individually referred to herein as "Party" and collectively as "Parties."
2.Recitals
2.1 The City is implementing an Early Wildfire Detection System Project
("Project") which includes installation of Lindsey FIREBird devices in certain parts of
the City. Said devices provide wildfire detection and notification through sensors and
optical imagery (“Devices”). The City intends to place the Devices on certain lands and
affix them to poles and other equipment owned by CVWD (collectively, "Assets") as
part of the Project. The City desires to power the Devices that are installed on the Assets
by connecting the Devices to either available electrical (AC) power supplies or by
installing solar panels to the Assets (collectively, "Improvements"). The City is the Lead
Agency on the Project and shall be responsible, at its sole cost and expense, for the
coordination and construction of said Improvements on Assets and for installation,
operation, and maintenance of the Devices.
2.2 The Project is located within the jurisdictional boundaries of both the
CVWD and the City. Wildfire detection through implementation of the Project will
provide benefits to City residents and CVWD customers.
2.3 The Parties desire to set forth their respective responsibilities and
obligations in regard to each Party's participation and funding of the Project.
3.Terms
3.1 Term. The term of this Agreement shall commence upon the Effective
Date and shall remain in effect until terminated pursuant to Section 3.4.4.
3.2 City’s Responsibilities. City shall:
3.2.1 Prepare all plans and specifications for the construction of
Improvements and installation of Devices (collectively, the “Work”) on Assets and
provide final plans and specifications to CVWD for its prior approval, which shall not
be unreasonably withheld. City shall submit each package of plans and specifications
ATTACHMENT 1
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2
for an Improvement and/or Device to CVWD, which may be permitted individually on
a case-by-case basis. Upon approval of said plans and specifications by CVWD, City
shall then be permitted to proceed with the Work. City shall notify CVWD of the date
and time of all Work. CVWD shall have the right to inspect and otherwise monitor all
Work. CVWD’s rights to review plans and specifications, and to inspect and monitor
Work, shall not be deemed to be any representation or warranty by CVWD as to
compliance of the Work with applicable laws and regulations or with the plans and
specifications.
3.2.2 The City shall provide written notice to CVWD upon completion
of the Work. Throughout the term of this Agreement, CVWD reserves the right to
require the City to remove or relocate any Improvement or Device which CVWD
determines, in its reasonable discretion, to be interfering with CVWD’s operations.
3.2.3 The City shall provide CVWD with full unrestricted access to
imagery and data collected from the installed Devices in the same manner and at the
same time as said imagery and data are accessible to the City. The Parties herby
acknowledge and agree that CVWD’s willingness to enter into this Agreement, and the
consideration therefor, is contingent upon the City providing the access to imagery and
data as described herein.
3.2.4 The City shall provide inspection services for the Work. CVWD
shall have the right to inspect and provide comment to the City for the City's
consideration in directing the City’s contractor and making changes, though ultimate
control of the contractor rests with the City.
3.3 CVWD's Responsibilities. CVWD shall:
3.3.1 CVWD understands that the City is gaining access to Assets for
the purposes of the Work. It is understood by all Parties that all Devices and
Improvements will be independent of existing CVWD Assets, including facilities,
infrastructure, light poles, towers, fencing, and power supplies. Any request for a
connection to such facilities, to any degree whatsoever, shall be subject to the prior
written consent of CVWD which may be granted or denied in CVWD’s sole discretion.
3.3.2 CVWD shall provide reasonable effort and in a timely fashion
process all construction applications by the City and/or the City's contractor for the
Work, but in no case may CVWD take longer than twenty-eight (28) days to review
and approve a City submittal of plans and specifications for CVWD approval. If
CVWD takes more than twenty-eight (28) days to review and approve a submittal, City
may provide notice to CVWD and CVWD shall then have fourteen (14) days to cure
such failure to act on the submittal. If CVWD does not act within such cure period, the
submittal shall be deemed approved.
3.3.3 CVWD shall not direct the City's contractor on any portion of
the Work, except for activities or actions of the contractor that pose a possible danger
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3
to human safety or damage to Assets.
3.3.4 If CVWD finds any Work not acceptable or not consistent with
this Agreement or permit for the respective Work, CVWD shall notify the City
immediately so that the Work may be corrected to meet the satisfaction of this
Agreement and permits.
3.3.5 CVWD shall have the right to deny the permitting of an
Improvement or Device at any given Asset.
3.3.6 At no cost to City, CVWD conveys to City a license to use
CVWD Assets in accordance with this Agreement, which may not be revoked except
as provided in Section 3.3.7.
3.3.7 CVWD shall also have the right to revoke an already permitted
and installed Improvement or Device at any given time. CVWD shall provide an
explanation in writing for revoking the permit. CVWD shall allow the City one (1)
year to complete the removal and relocation of any revoked Improvement or Device.
3.4 General Provisions.
3.4.1 The Project is primarily the installation, construction, continued
operation and maintenance of the Improvements and Devices. The City’s involvement
is to construct, install, operate and maintain the Improvements and Devices.
3.4.2 The City shall indemnify, defend, save and hold harmless
CVWD, its elected officials, officers, directors, employees, agents, and volunteers from
and against any and all loss, damages, liability, claims, allegations of liability, suits,
costs and expenses for damages of any nature whatsoever, including but not limited to
bodily injury, death, personal injury, property damages, or any claims caused by the
willful actions or active negligence of the City, its elected officials, officers, directors,
employees, agents, volunteers, contractors or subcontractors in the performance of its
obligations pursuant to this Agreement and throughout the duration of this Agreement,
and shall include attorneys' fees and other reasonable costs incurred in defending any
such claim.
3.4.2.1 The City shall require the contractor(s) and their
subcontractor(s) completing the Work to indemnify CVWD in the same manner and in
the same extent as the City under any agreement for the construction of Work between
the City and each contractor(s).
3.4.2.2 Additionally and as a separate and independent
requirement, the City shall require the contractor(s) and their subcontractor(s)
completing the Project to name CVWD as an additional insured on all policies of
insurance required by the City and under any agreement for the construction of the
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4
Work between the City and each contractor(s) in the same manner and in the same
extent as the City.
3.4.3 CVWD shall indemnify, defend, save and hold harmless the
City, its elected officials, officers, directors, employees, agents, and volunteers from
and against any and all loss, damages, liability, claims, allegations of liability, suits,
costs and expenses for damages of any nature whatsoever, including but not limited to
bodily injury, death, personal injury, property damages, or any claims caused by the
willful actions or active negligence of CVWD, its elected officials, officers, directors,
employees, agents, volunteers, contractors or subcontractors in the performance of its
obligations pursuant to this Agreement, and shall include attorneys' fees and other
reasonable costs incurred in defending any such claim.
3.4.4 This Agreement shall, unless terminated earlier by either Party,
automatically terminate upon the date on which all City facilities relating to the Project
have been removed from CVWD Assets. Either Party may terminate this Agreement,
for cause, based on a material breach by the other Party, following written notice of
such breach to the other Party and a reasonable opportunity for cure. Notwithstanding
the foregoing, either Party may elect, in its sole discretion, to terminate this Agreement
upon at least one (1) year prior written notice to the other Party.
3.4.5 All notices permitted or required under this Agreement shall be
given to the respective Parties at the following address, or at such other address as the.
respective Parties may provide in writing for this purpose:
To CVWD:
Cucamonga Valley Water
District
10440 Ashford Street
P.O. Box 683
Rancho Cucamonga,
CA 91729 Attn:
Director of
Operations
To City:
City of Rancho Cucamonga
10500 Civic Center Dr.
Rancho Cucamonga,
CA 91729 Attn:City
Manager
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5
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid
and addressed to the Party at its applicable address.
3.4.6 If any portion of this Agreement is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall constitute in full force and effect.
3.4.7 This Agreement contains the entire Agreement between the
Parties and supersedes any prior oral or written statements or agreements between the
Parties. This Agreement may be amended at any time by the mutual consent of the
Parties by an instrument in writing.
3.4.8 This Agreement may be signed in counterparts, each of which
shall constitute an original and which collectively shall constitute one instrument.
3.4.9 Time is of the essence for each provision of this Agreement in
which a deadline is provided.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
Cucamonga Valley Water District
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By: ______________________________
Name Date
______________________________
Title
Page 123
DATE:October 2, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Michael Parmer, Assistant to the City Manager
SUBJECT:Consideration to Approve a Single-Source Procurement and Execute a
Professional Services Agreement with Entrust Solutions Group in an
Amount Not-To-Exceed $120,000 for the Necessary Design,
Engineering, Permitting, Plan Review, and Project Management for the
Distribution of the Fiber Optic Network as Part of the City’s Fiber Optic
Master Plan. (CITY)
RECOMMENDATION:
Staff recommends the City Council approve a Single-Source Procurement and execute a
Professional Services Agreement with Entrust Solutions Group in an Amount Not-To-Exceed
$120,000 for the necessary design, engineering, permitting, plan review, and project
management for the distribution of the fiber optic network as part of the City’s Fiber Optic Master
Plan.
BACKGROUND:
Entrust Solutions Group (Entrust) has worked with municipalities throughout the United States to
deliver large-scale fiber broadband projects. They have expertise in navigating local regulations,
permitting processes, and community engagement which is crucial for timely project completion.
In 2018, the City of Rancho Cucamonga and Entrust Solutions Group (previously known as
Magellan Advisors, LLC) entered into a Professional Services Agreement (CO18-103) to provide
the necessary design, engineering, permitting, and project management for the distribution of the
fiber optic network as part of the City’s Fiber Optic Master Plan (Plan), including the operational
parameters to connect the new fiber backbone to the City’s existing infrastructure. The original
contract was approved at the regular City Council meeting on August 15, 2018 and had four (4)
one- (1) year renewal options, ending June 30, 2024.
ANALYSIS:
As the City’s municipal broadband network continues to expand, design services and project
management are necessary for new development in determining new fiber connections and
line extension opportunities for the Plan. The Entrust Solutions, Inc. staff continues to
coordinate bi-weekly project update meetings with City staff, our Internet Service Provider
(ISP) Onward, and our fiber optic construction team, Elecnor Belco. Given Entrust Solution’s
knowledge of the project and master plan (developed in coordination with the City in 2017),
along with their qualifications and expertise in the field, it is recommended that the City
continue utilizing their services to monitor and provide oversight of the fiber optic design to
ensure the project scope is maintained and achieved.
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Page 2
2
5
6
2
In order to continue to provide continuity of service, staff solicited a renewed proposal (Exhibit
1) from Entrust. Staff recommends the City Council approve a Single-Source Procurement
and execute a Professional Services Agreement with Entrust Solutions, Inc. in an Amount
Not-To-Exceed $120,000 for the necessary design, engineering, permitting, plan review, and
project management for the distribution of the fiber optic network.
FISCAL IMPACT:
Fund from the Fiber Optic Network Fund (Fund 711) in the amount of XXX is included in account
1711303-5650/1910711-0 (Capital Projects – RC Fiber Network). Under the agreement, Entrust
Solutions, Inc. receives a monthly payment of $4,500 ($54,000 per year) for project management
services, including bi-weekly meetings with the City and the City’s contractors. The remaining
funding is utilized on an as-needed basis for design services on new extensions and development
of bill of materials as well as updating as-built drawings for inclusion into the City’s GIS system.
COUNCIL MISSION / VISION / VALUE(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. Further, the implementation of the Fiber
Optic Master Plan will enhance the City’s mission to embrace and anticipate the future of the
community though an enhanced 21st century infrastructure that is critical for economic
development for existing and new businesses as well as residential customers
ATTACHMENTS:
Attachment 1 - Single Source Justification Form
Attachment 2 - Single Source Justification Memo
Attachment 3 - Entrust Proposal
Page 125
I:\PURCHASE\TEMPLATES, FORMS\RFQ,RFQual,RFB,RFP TEMPLATES\Sole Source Justification Form.doc
CITY OF RANCHO CUCAMONGA
SINGLE/SOLE SOURCE JUSTIFICATION
FOR PURCHASES $8,500 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 1
Entrust Solutions Group October 10, 2024
Design, engineering, permitting, and project management services for RC Fiber
not-to-exceed $120,000 Michael Parmer
Reviewed alternative consulting companies that fit
the need of
The Agreement will be for an initial three (3) yera term with three (3), one (1) year options for renewal.
unless written notice of non-renewal is given by a Party to the other Party at least ninety (90) days prior to the expiration of the current term.
Page 126
Single/Sole Source Justification Form
Page 2
I:\PURCHASE\TEMPLATES, FORMS\RFQ,RFQual,RFB,RFP TEMPLATES\Sole Source Justification Form.doc
05/23/2024
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: _______________________
APPROVED
APPROVED WITH CONDITION/S
DISAPPROVE
Comments:_______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
$5,000 - $49,999
APPROVED BY PURCHASING MANAGER: ____________________________Date: __________
$50,000 - $150,000
APPROVED BY CITY MANAGER: ____________________________Date: __________
$150,000 AND OVER
See comments above by Purchasing Division, attach to Council Request
CITY COUNCIL ACTION: ____________________________________________Date: __________
X
City Manager' Office
44
Page 127
Page 1 of 2
RECOMMENDATION:
To accept a single source procurement for Entrust Solutions, Inc. for design, engineering,
permitting, and project management services for RC Fiber.
BACKGROUND:
Entrust Solutions Group (Entrust) has worked with municipalities throughout the United States to
deliver large-scale fiber broadband projects. They have expertise in navigating local regulations,
permitting processes, and community engagement which is crucial for timely project completion.
In 2017, the City contracted Entrust (previously known as Magellan Advisors, LLC) to develop the
City’s inaugural Fiber Master Plan. This plan outlined a high-level network strategy and design,
prioritized infrastructure deployment strategies based on City corridors and zoning, and created
a model for operationalizing municipal broadband.
In 2018, the City of Rancho Cucamonga and Entrust Solutions Group entered into a Professional
Services Agreement (CO18-103) to provide the necessary design, engineering, permitting, and
project management for the distribution of the fiber optic network as part of the City’s Fiber Optic
Master Plan (Plan), including the operational parameters to connect the new fiber backbone to
the City’s existing infrastructure. The original contract was approved at the regular City Council
meeting on August 15, 2018 and had four (4) one- (1) year renewal options, ending June 30,
2024.
ANALYSIS:
Entrust has in-depth knowledge of the City’s fiber infrastructure, having designed the entire
system from inception, and worked in collaboration with the City to develop adopted standards
and policies that guide strategies and fiber implementation. Continuity is essential to ensuring
the City can continue to leverage Entrust’s existing knowledge and experiences to ensure
planning and design transitions seamlessly to construction and field operations. Entrust’s
familiarity of the City’s infrastructure, planning and permitting requirements, and community
dynamics will help expedite projects, reduce challenges, and troubleshoot issues expediently.
FISCAL IMPACT:
The cost of services provided by Entrust is for a monthly payment of $4,500 ($54,000 per year)
for project management services, including bi-weekly meetings with the City and the City’s
contractors. The remaining funding is utilized on an as-needed basis for design services on new
DATE:September 23, 2024
TO:Ruth Cain, Purchasing Manager
FROM:Michael Parmer, Assistant to the City Manager
SUBJECT:Single Source Justification for Entrust Solutions, Inc. for esign, engineering,
permitting, and project management services for RC Fiber.
MEMORANDUM
City Manager’s Office
ATTACHMENT 2
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Page 2 of 2
extensions and development of bill of materials as well as updating as-built drawings for inclusion
into the City’s GIS system.
COUNCIL GOAL(S) ADDRESSED:
Providing superior services to residents enhances the overall quality of life in Rancho Cucamonga
and will support the City Council Core Values to build and preserve the City’s family-oriented
atmosphere and intentionally embrace and anticipate the future.
ATTACHMENTS:
Attachment 1 – Entrust Proposal
Page 129
Contact: Marcellus Nixon
VP of Consulting and Implementation
(443) 805 6974
mnixon@entrustsol.com
28100 Torch Parkway, Suite 400
Warrenville, IL 60555
Fiber, Project Management
and Design Services
Prepared for:
Michael Palmer
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA
September 5, 2024
ATTACHMENT 3
Page 130
Page 2
TABLE OF CONTENTS:
TRANSMITTAL LETTER 3
Statement of Work 4
Phase 1 - Project Management Services 4
Phase 2 - Desktop Support for HLD, Conceptual Design & BOM Development 4
Phase 3 - Low Level Design & Construction Prints 5
PRICING PROPOSAL 6
APPENDIX – SAMPLE MSA 7
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Page 3
TRANSMITTAL LETTER
September 5, 2024
Michael Palmer
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Regarding: Project Management and Design
Dear Michael,
EN Engineering (EN) would like to thank the City of Rancho Cucamonga for the opportunity
to submit our proposal for continued Project Management and Design services for Rancho
Cucamonga fiber-optic network expansion project.
EN Engineering (EN) is a leading national engineering services firm providing
comprehensive design, engineering, and consulting services to gas and electric utilities,
local governments including cities, counties, and tribes, as well as other energy and
industrial end-markets. With over 3,000 professionals in 36 offices nationwide, EN offers
customers an unparalleled spectrum of services with expertise in electric power
transmission, substation, distribution, and fossil / renewable power generation, as well as a
vast array of telecommunications services.
We look forward to putting our people and our processes to work for you, to complete
services on a consistent and timely basis. We thank you for your consideration. Please do
not hesitate to contact your project executive Marcellus Nixon at mnixon@entrustsol.com.
Sincerely,
Jesse Rodriguez
Executive Vice President
Commercial Operations
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Page 4
Statement of Work
ENTRUST’s project management services are specifically tailored for municipalities,
utilities, coops, and regional governments. Our value comes from the knowledge and
expertise we have gained designing and managing backbone, fiber to the home and
wireless networks across the US, resulting in millions of new homes and businesses
connected to broadband over the past 20 years. Our project management resources are
coupled with deep knowledge and experience of deploying, operating, and managing the
Rancho Cucamonga deployment to date.
We propose to drive significantly more value to our approach to Rancho Cucamonga by
delivering the following over the 2024/2025 year:
Phase 1 - Project Management Services
ENTRUST proposes to support the growing requirements of the project and preserve the
historical project knowledge as the city continues to expand its fiber network. Our assigned
PM will:
• Coordinate and prepare a bi-weekly meeting agenda to facilitate projects updates
between the City of Rancho Cucamonga, its ISP partner, and the construction
contractor as necessary to support continued expansion.
• Coordinate design requests and changes to facilitate pre-design/cost estimation,
actual design and development or construction drawings and Bills of Material
• Coordinate as needed ad-hoc meetings with 3rd party entities the City may engage,
including network users, permitting agencies, and others as necessary.
• Provide ongoing project management support throughout the construction of the
network that are designed to maintain quality installation and accurate reporting to
the city.
• Generally, support the City’s needs in continuing planned fiber expansion.
Phase 2 - Desktop Support for HLD, Conceptual Design &
BOM Development
Design Support for High-Level Design (HLD), and conceptual routing, Bill of Materials
(BOM) development, and desktop designs at an additional hourly rate. These HLDs and
Cost estimation are to support Rancho Cucamonga’s decision-making as it plans for fiber
expansion.
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Page 5
Phase 3 - Low Level Design & Construction Prints
As-Built review, digitization, and incorporation design updates into Rancho Cucamonga‘s
hosted FMS ESRI-based software and database, providing access to ENTRUST staff as
requited at an additional hourly rate.
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Page 6
PRICING PROPOSAL
Description Cost
Phase 1: Project Management Services $4,500 fixed
monthly
Phase 2: Desktop Support for HLD, Conceptual Design
& BOM Development
$134.38
hourly
Phase 3: Low Level Design & Construction Prints $1.35 /ft.
Expenses Billed as Incurred $134.38
hourly
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Page 7
APPENDIX – SAMPLE MSA
MASTER PROFESSIONAL SERVICES AGREEMENT
This MASTER PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made
as of ___________, 2023 between _________________, an ___________ corporation
("COMPANY"), and EN Engineering, LLC a Delaware limited liability company
("ENGINEER"), hereinafter referred to as the “parties” or individually as “party,” under the
following circumstances:
WHEREAS, COMPANY wishes to engage ENGINEER to perform certain
engineering and related professional services (“Engineering Services”) and certain
construction management services (“Construction Management Services”) for COMPANY
from time to time on an as needed basis and ENGINEER is willing to provide from time to
time on an as needed basis such Engineering Services and Construction Management Services
to COMPANY in accordance with the terms of this Agreement; and
WHEREAS, the parties wish to execute this Agreement to establish the general terms
and conditions, which will govern the present engagement and any future engagements
between the parties; and
WHEREAS, the parties contemplate that for the present engagement and each future
engagement they will also execute a schedule which will reference and become a part of this
Agreement and will describe in detail the specific Engineering Services and Construction
Management Services, personnel, fees and term of the engagement as well as any other
provisions agreed to by the parties
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the
parties agree as follows:
1. Services. Engineer shall perform the Engineering Services and
Construction Management Services (collectively referred to as “Services”) for
COMPANY as set forth in Schedule 1 and as agreed to and executed by the parties
and set forth in schedules referencing this Agreement ("Schedule"). Each Schedule
shall specify the scope of the Services, the fees and expenses (if any) to be paid to
ENGINEER by COMPANY for such Services. Each such Schedule shall be identified
in consecutive numerical order. In the event that parties desire to modify a Schedule,
the parties shall execute a written change order evidencing such modificati ons
(“Change Order”). In the event of any conflict or apparent conflict between any
Schedule and/or Change Order and this Agreement, the Schedule and/or Change Order
shall govern.
The Effective Date of a Schedule shall be the date on which such Schedule is fully
executed by COMPANY and ENGINEER. The terms of this Agreement shall apply to all
Services performed by ENGINEER in accordance with a Schedule and the terms of this
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Page 8
Agreement shall not be altered or modified except by the written agreement of ENGINEER
and COMPANY. ENGINEER agrees that time is of the essence in performing the Services.
1. Personnel. All personnel furnished by ENGINEER shall be
appropriately qualified to perform the Services. Should any personnel furnished by
ENGINEER be unable to perform the Services under this Agreement because of
illness, resignation or other causes beyond ENGINEER’s control and without
ENGINEER’s fault, ENGINEER shall use all reasonable efforts to replace such
personnel promptly. COMPANY reserves the right to demand that ENGINEER
replace any personnel assigned to perform the Services that COMPANY reasonably
believes are not performing to the level of COMPANY’s expectations.
1.2 Change in Service
A. Change in Service shall be defined as any service required to be
performed in the furtherance of a Schedule as a result of: (i) COMPANY
requested modifications to the scope of ENGINEER’s Services and (ii) events
which were not reasonably foreseeable by ENGINEER, which require
ENGINEER to incur additional costs or to perform additional Services not
provided for in a Schedule. All such additional costs or services must first be
approved by COMPANY in writing.
B. B. ENGINEER shall not be required to perform a Change in
Service unless and until a Change Order has been issued and signed by
COMPANY’s designated Representative and ENGINEER’s Representative as
set forth in Section 13 of this Agreement.
1.3 Change Orders
A. Each party, without invalidating this Agreement or a Schedule, may request a
Change in Service, with or without a change in the required time to complete
the Services under the Schedule (“Time of Performance”). Such request must
be submitted in writing by the requesting party.
B. If a request for Change in Service is mutually agreed to, such mutual agreement
shall be evidenced by a written Change Order issued by COMPANY, signed
by COMPANY’s designated Representative and ENGINEER’s designated
Representative and setting forth the increase or decrease in fee to which
ENGINEER is entitled pursuant to Paragraph 1.3.C. Any Change Order,
which affects a Schedule, shall become part of such Schedule.
C. Unless otherwise expressly provided in a particular Change Order,
COMPANY shall compensate ENGINEER for a Change in Service at the
hourly rates set forth in Exhibit A (“Change in Service Compensation”).
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1.4 ENGINEER’S RESPONSIBILITIES
A. ENGINEER shall perform Engineering Services in accordance with the
following terms:
1. The standard of care for all Engineering Services performed or
furnished by ENGINEER under this Agreement will be the care and skill
ordinarily used by members of Engineer’s profession practicing under similar
circumstances at the same time and in the same locality.
2. ENGINEER may employ such sub-consultants as ENGINEER deems
necessary to assist in the performance or furnishing of the Engineering
Services. ENGINEER shall not be required to employ any sub-consultants
unacceptable to ENGINEER.
3. ENGINEER shall comply with applicable laws or regulations and
COMPANY mandated standards provided in writing to ENGINEER. This
obligation is based on these requirements as of the Effective Date of each
individual Schedule. Changes to these requirements after the Effective Date
of the Schedule that require ENGINEER to perform services beyond
ENGINEER's Engineering Services set forth in the Schedule shall be
considered a Change in Service for which ENGINEER shall receive Change
in Service Compensation. Under such circumstances, the Time of
Performance set forth in the Schedule shall be adjusted.
4. If required under a Schedule, ENGINEER shall visit the site
periodically to become generally familiar with the progress and quality of the
work and to determine, in general, if the work is proceeding in general
accordance with the plans and specifications. Except as provided in the
applicable Schedule, ENGINEER shall not be required to make exhaustive or
continuous checks of the quality or quantity of work. ENGINEER shall not
have control or charge of the construction and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for
safety precautions or acts or omissions of contractors or any persons
performing work or for their failure to perform.
5. ENGINEER shall review and take appropriate action upon a
Contractor’s, subcontractor’s or COMPANY contractor’s submittals such as
shop drawings and product data. Except for submittals produced by
ENGINEER or by any contractor or subcontractor of ENGINEER and except
as provided in the applicable Schedule, review of submittals, however, is not
conducted for the purposes of determining the accuracy and completeness of
details such as dimensions or sizes, for ascertaining the correctness of
calculations made by the Contractors, subcontractors or COMPANY
contractors, to determine the appropriateness of quantities, to determine the
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appropriateness of the means, methods or procedures to be utilized by the
Contractor, subcontractor or COMPANY contractor during installation, for
substantiating the correctness of instructions, for installation or to ascertain the
performance of equipment or systems, all of which remain the exclusive
responsibility of the Contractor, subcontractor or COMPANY contractor.
6. ENGINEER shall not be responsible for the verification of the
condition of subsurface conditions or for the condition of existing structures,
equipment or appliances, unless such verification can be made by simple visual
observation. If, after plans and specifications are prepared, it appears from the
uncovering of parts or portions of an existing structure that the plans or
specifications must be altered to conform to previously hidden or differing
conditions, all such work shall be performed by ENGINEER as a Change in
Service for which ENGINEER shall be entitled to Change in Service
Compensation.
7. COMPANY shall be responsible for, and ENGINEER may rely upon,
the accuracy and completeness of all requirements, programs, instructions,
reports, data, and other information furnished by COMPANY to ENGINEER
in accordance with this Agreement unless ENGINEER is otherwise informed
by COMPANY in the applicable Schedule.
8. With respect to Engineering Services, execution of this Agreement or
any Schedule in no way creates an employment or agency relationship between
COMPANY and ENGINEER; it is understood that ENGINEER will be acting
as an independent contractor. Neither ENGINEER nor any of its personnel,
subcontractors or agents shall be deemed to be partners, joint ventures, agents,
or employees of COMPANY for any purpose whatsoever. In no event shall
COMPANY be responsible for the payroll taxes of ENGINEER’s personnel.
B. If required and agreed to pursuant to a Schedule, ENGINEER shall perform
Construction Management Services in accordance with the following terms:
1. In providing Construction Management Services, ENGINEER shall act
as a construction professional and not a construction contractor, and in
performing its duties herein, ENGINEER agrees to furnish Construction
Management Services using the care and skill ordinarily used by members of
the construction management industry performing similar Construction
Management Services and practicing under similar circumstances at the same
time and in the same locality.
2. ENGINEER shall comply with applicable laws or regulations and
ENGINEER mandated standards. This obligation is based on these
requirements as of the Effective Date of each individual Schedule. Changes to
these requirements after the Effective Date of the Schedule that require
ENGINEER to perform services beyond ENGINEER’s Services set forth in
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the Schedule shall be considered a Change in Service for which ENGINEER
shall receive Change in Service Compensation. Under such circumstances, the
Time of Performance set forth in the Schedule shall be adjusted.
3. ENGINEER may employ such sub-consultants as ENGINEER deems
necessary to assist in the performance or furnishing of the Construction
Management Services. ENGINEER shall not be required to employ any sub-
consultant unacceptable to ENGINEER.
4. Neither review nor approval by COMPANY of ENGINEER’s
Construction Management Services shall relieve ENGINEER from its duty to
comply with the above obligations.
5. ENGINEER shall not have control or charge of the construction and
shall not be responsible for construction means, methods, techniques,
sequences or procedures, or for safety precautions or acts or omissions of
contractors or any persons performing work or for their failure to perform.
2. Representatives
2.1. COMPANY. In order to facilitate day to day communications between
COMPANY and ENGINEER in the ordinary course of performance of the Services,
COMPANY shall act by and through its designated representative ("COMPANY's
Representative"). For each Schedule COMPANY will inform ENGINEER in writing of
COMPANY’s designated representative for the respective scope of Services to be performed
by ENGINEER. Upon notice to ENGINEER, COMPANY may at any time substitute or
replace a COMPANY Representative. COMPANY’s Representative shall be available for
meetings with ENGINEER's Representative at all reasonable times.
2.2 ENGINEER. In order to facilitate communications between COMPANY and
ENGINEER in the ordinary course of performance of the Services, ENGINEER shall act by
and through its designated representative ("ENGINEER's Representative"). ENGINEER
initially designates ________________ as its representative. Upon notice to COMPANY,
ENGINEER may at any time substitute or replace ENGINEER's
Representative. ENGINEER's Representative shall be available for meetings with
COMPANY’s Representative at all reasonable times.
2.3 Representations. ENGINEER hereby represents to COMPANY, with the
intention that COMPANY rely thereon in entering this Agreement, that ENGINEER has the
capability, experience, registrations, licenses, permits, and governmental approvals necessary
to perform the Services.
2.4 No Conflicts. During the term of this Agreement, ENGINEER shall maintain
close communication with COMPANY and will impart to COMPANY knowledge,
information, ideas, suggestions and advice regarding the Services. ENGINEER will act solely
in the interests of COMPANY and no other party and will not knowingly compromise or
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jeopardize the interests of COMPANY. In the event any matter or circumstance comes to
ENGINEER's attention which would in any way interfere or potentially interfere with
ENGINEER's obligations hereunder, ENGINEER will disclose promptly and fully such
matter or circumstance to COMPANY.
2.5 Charges for Services. Subject to the terms of this Agreement, COMPANY
shall pay ENGINEER, as full compensation for the Services rendered, the fees, costs of
materials, and expenses (if any) detailed in the applicable Schedule. If the parties execute a
Schedule that provides for ENGINEER’s provision of Services to be rendered on a time and
materials basis, then COMPANY shall pay according to the payment schedule set forth in
Exhibit A, which is attached hereto and made a part hereof. ENGINEER may adjust or modify
the payment schedule annually to account for labor market rate changes and inflation.
ENGINEER shall notify COMPANY in writing of any annual rate adjustment at least thirty
(30) days prior to the effective date of any desired change in the payment schedule.
2.6 Terms of Payment. In return for the Services rendered by ENGINEER
hereunder COMPANY shall pay ENGINEER within thirty (30) days of receipt of
ENGINEER’s invoice for the invoice period. The invoice period shall be a period of one (1)
calendar month. Payment of each invoice is contingent upon the Services having been
rendered to COMPANY’s reasonable satisfaction. Each invoice shall provide the following:
(a) Names and hours worked by ENGINEER’s personnel and fees with respect
thereto, if such work was performed on a time and materials basis;
b. Details of automobiles rented including but not limited to rental cost
and gasoline costs for the invoice period;
c. Details of any expenses incurred by ENGINEER as set forth in the
applicable Schedule;
(e) Summation of charges.
If items are contested by COMPANY, the uncontested balance will be paid within said
thirty (30) day period. Any and all payments or approvals by COMPANY hereunder shall be
without prejudice to COMPANY's rights to protest or challenge invoices at a later point in
time. COMPANY reserves the right to require additional documentation to substantiate a
request for payment. ENGINEER shall keep all records and books of account relating to this
Agreement on the basis of generally accepted accounting principles and shall make such
records and books and other plans and documents relating to this Agreement (other than
records, books and other plans and documents relating to net income or profit) available to
COMPANY or COMPANY's designated representative for inspection and audit at all
reasonable times for a period of one year after the completion or termination of ENGINEER’s
Services under such Schedule.
Failure to pay any invoice when due shall entitle ENGINEER, at ENGINEER’s sole
discretion and upon ten (10) calendar days written notice to COMPANY, to suspend
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ENGINEER’s Services under the Schedule for which payment is outstanding. ENGINEER
shall not be responsible to COMPANY for any delays caused by such a suspension.
3. Term. This Agreement shall remain in full force and effect, commencing as of the
date first above written, until the earlier to occur of (i)__________, 20____, (ii) termination
of this Agreement or any Schedule by COMPANY upon ten (10) business days prior written
notice to ENGINEER for convenience or (iii) termination by either party upon seven (7) days
written notice to cure should the non-terminating party fail to materially perform in
accordance with the terms of the Agreement or any Schedule through no fault of the
terminating party. Termination of this Agreement shall discharge only those obligations that
have not accrued as of the effective date of termination. If this Agreement is terminated,
ENGINEER shall in no event be entitled to compensation in respect of costs, whether direct
or indirect, fees, lost profits, or otherwise for work not actually performed prior to the effective
date of termination. Any right or duty of COMPANY or ENGINEER based on either the
performance or breach of this Agreement prior to the effective date of termination shall
survive the term of this Agreement.
4. Rights in Property.
4.1 In consideration of the compensation set forth herein, ENGINEER hereby
assigns to COMPANY all worldwide right, title and interest in and to all work performed,
writings, information, data, formulas, designs, models, drawings, photographs, including all
documentation thereof, including all statutory protection obtained or obtainable thereon
(hereinafter referred to as "Intellectual Property") created, made, conceived, reduced to
practice or authorized by ENGINEER or ENGINEER's employees, either solely or jointly
with others, and delivered by ENGINEER to Company in connection with the performance
of Services under this Agreement, unless specifically excluded in writing in the applicable
Schedule. COMPANY shall be free to use and reproduce the Intellectual Property assigned
to COMPANY herein. At COMPANY’s expense, ENGINEER shall execute or cause to be
executed all instruments and perform such acts as may be necessary, useful or convenient for
the purpose of securing to COMPANY statutory protection, including patent, trademark, trade
secret, or copyright protection, throughout the world for all Intellectual Property assigned to
COMPANY. Notwithstanding anything contained herein to the contrary, ENGINEER shall
retain ownership of all Intellectual Property owned by ENGINEER or made solely by
ENGINEER prior to the date of this Agreement.
4.2 Upon completion of the Services in any applicable Schedule or other
termination of this Agreement, ENGINEER shall deliver to COMPANY all copies of any and
all Intellectual Property developed hereunder, except that ENGINEER may keep copies of all
of same for its permanent files and records. Upon COMPANY's request, ENGINEER shall
provide COMPANY with whatever documents, information or materials in ENGINEER's
possession or reasonably available to ENGINEER to enable COMPANY to protect its rights
in any Intellectual Property developed under this Agreement.
4.3 ENGINEER's obligations under this Section 4 shall survive any termination or
expiration of this Agreement.
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4.4 In the event that COMPANY uses or changes the Intellectual Property
prepared by ENGINEER hereunder in a manner not contemplated by the applicable Schedule
or this Agreement and without the written consultation and engineering review by
ENGINEER, COMPANY, to the fullest extent permitted by law, agrees to indemnify and hold
harmless Engineer, its officers, directors, employees, and any of its sub-consultants who are
directly involved in the development of such Intellectual Property from any damages,
liabilities or costs, including reasonable attorneys’ fees and defense costs, arising or allegedly
arising from such unauthorized use or change to the Intellectual Property. In the event that
COMPANY consults with and desires such engineering review by ENGINEER, COMPANY
will compensate ENGINEER for the Services in accordance with the terms of this Agreement
if it is still in effect, or in a compensation method and amount that is acceptable to both
COMPANY and ENGINEER.
4.5 If ENGINEER, for any reason, is not allowed to complete all the services
called for by this Agreement or any Schedule, ENGINEER shall not be responsible for the
accuracy, completeness or constructability of the Intellectual Property prepared by
ENGINEER if used, changed or completed by COMPANY or by another party. Accordingly,
COMPANY agrees, to the fullest extent permitted by law, to indemnify and hold harmless
ENGINEER, its officers, directors, employees, and any of its sub-consultants who are directly
involved in the development of such Intellectual Property from any damages, liabilities or
costs, including reasonable attorney’s fees and defense costs, arising or allegedly arising from
such use, change or completion.
5. Confidentiality. ENGINEER shall keep strictly confidential all reports, whether oral
or written, which are prepared by ENGINEER at COMPANY’s request and except as required
by law, ENGINEER shall not reveal information from reports to the person reported on or to
any other person except a person whose duty requires him to participate in the decision for the
transaction from which the report was ordered. ENGINEER acknowledges and agrees that in
connection with the performance of the Services it may be necessary for COMPANY to
disclose to ENGINEER certain proprietary or confidential information ("Confidential
Information"). ENGINEER shall hold in strictest confidence any Confidential Information to
which it may have access hereunder. Access to Confidential Information shall be restricted
to those of ENGINEER's personnel with a need to know and engaged in a permitted use of
the Confidential Information. ENGINEER further agrees not to make use of such
Confidential Information other than for performance under this Agreement. Confidential
Information shall include information of COMPANY which is not generally known, including
but not limited to, the business, conduct or operations of COMPANY or any customer of
COMPANY; sales techniques; cost and pricing policies; contracts; financial information;
plans; administrative procedures; research; processes; data; development, trade secrets,
marketing, production and distribution information; business opportunities that may be
developed or obtained; and any memorialization of any matter concerning any employee of
COMPANY. ENGINEER's obligation of confidentiality under this Agreement shall survive
termination of this Agreement. However, ENGINEER shall not be required to keep
confidential any data or information which is or becomes publicly available without fault on
the part of ENGINEER; is already in ENGINEER's possession prior to receipt from
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COMPANY; is independently developed outside the scope of this Agreement; or is rightfully
obtained from third parties not under similar confidentiality restrictions. ENGINEER’s
obligations under this Section 9 shall survive any termination of this Agreement.
6. Intellectual Property Warranties and Indemnification
6.1 ENGINEER warrants that to the best of ENGINEER’s knowledge, information
and belief neither this Agreement nor Intellectual Property or other tangible or intangible
property produced hereunder will infringe upon or violate any patent, copyright, trade secret
or other proprietary right of any third party.
6.2 Each party (“Indemnifying Party”) shall at its own expense indemnify and
hold harmless the other party in all suits or proceedings instituted against the other party, its
officers, agents, affiliates or employees ("Indemnified Parties") based upon any claim, suit or
proceeding (collectively, "Claim") that any Intellectual Property or other materials or any part
thereof supplied under this Agreement constitutes an infringement of any patent, copyright or
other intellectual property right or the process intended to be performed thereby. The
Indemnifying Party shall pay all awards of damages assessed against the Indemnified Parties
resulting from any such Claim and shall indemnify and save the Indemnified Parties harmless
against losses, expenses and damages resulting from any such Claim or incurred in obedience
to a decree resulting from any such Claim (including reasonable attorneys' fees and cou rt
costs) or pursuant to any compromise thereof. If in any such Claim a restraining order or
temporary injunction is granted, the Indemnifying Party shall make every reasonable effort,
by giving a satisfactory bond or otherwise, to secure the suspension of any such restraining
order or temporary injunction. If in any such Claim the Intellectual Property or other materials,
or any part thereof, supplied under this Agreement or the process performed thereby is held
to constitute an infringement and its use is permanently enjoined, the Indemnifying Party
shall, at the Indemnifying Party's option, in addition to indemnifying and saving the
Indemnified Parties harmless in accordance with this Section 6, either (a) at the Indemnifying
Party's sole expense, promptly secure for the Indemnified Parties a license authorizing the
continued use of such Intellectual Property or other materials or (b) at the Indemnifying Party's
sole expense and without impairing performance requirements, replace the infringing part
thereof with non-infringing Intellectual Property or other materials, as the case may be, or
modify the infringing Intellectual Property or other materials so that it does not so infringe.
The Indemnifying Party's obligations under this Section 6 shall survive t ermination of this
Agreement.
6.3 The Indemnifying Party shall not be required to indemnify or defend an
Indemnified Party for any such infringement to the extent caused by such Indemnified Party.
7. Publicity. ENGINEER shall not use the name of COMPANY for advertising or
promotional purposes (including advertisements and or press releases) nor shall ENGINEER
grant press interviews, disseminate or publish or provide for the publication of any
information (including photographs) regarding this Agreement without the prior written
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consent of COMPANY. Such written consent shall not be unreasonably withheld and shall
not prevent ENGINEER from using and publishing a general description of a project and
services performed by ENGINEER under this Agreement or a Schedule and associating the
project with COMPANY, for the purpose of describing ENGINEER’s experience and
qualifications to other clients and potential clients.
8. Compliance with Applicable Law. ENGINEER represents that to the best of
ENGINEER’s knowledge, information and belief the provision of Services hereunder at the
prices and under the terms stated herein does not and shall not constitute a violation by
ENGINEER of any law or schedule issued by any governmental authority, or any agency,
administration or subdivision thereof having jurisdiction in the matter, and further agrees to
reimburse COMPANY upon demand for any fine or penalty which COMPANY may incur as
a result of ENGINEER’s violation of such law or schedule.
9. Insurance. ENGINEER shall keep in full force and effect during the term of the
Agreement the insurance coverages required by this Section 9.
A. Workers' Compensation Insurance providing for applicable statutory limits for
all of ENGINEER’s personnel to be employed under this Agreement and
Employers' Liability Insurance in an amount not less than $1,000,000 per
occurrence.
B. Comprehensive General Liability Insurance of not less than $10,000,000
combined single limit per occurrence that can be provided by the combination
of the general liability and umbrella policies. Such insurance shall include
Contractor’s Protective Liability covering liability for work sublet and
Contractual Liability insuring the indemnity provisions contained in this
Agreement.
C. Comprehensive Automobile Liability Insurance with limits not less than
$1,000,000 combined single limit per occurrence. Such coverage shall include
owned, hired and non-owned vehicles but excluding any vehicles owned by
COMPANY.
D. Professional Liability Insurance with limits of not less than
$5,000,000. Notwithstanding anything to the contrary in this Agreement, the
insurance requirements pursuant to this Section 9.D shall remain in full force
and effect for one year following the termination of this Agreement.
COMPANY shall be included as an additional insured under the insurance policy
obtained pursuant to subsection (b) above and provided with a Waiver of Subrogation with
respect to the policy under subsection (a) above.
The coverage required by paragraphs (a) through (c) shall be evidenced by certificates of
insurance and other documentation reasonably requested by COMPANY, from insurance
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companies satisfactory to COMPANY, delivered to COMPANY prior to actually
commencing work or services under this Agreement, and thereafter from time to time at
COMPANY’s request, showing the requisite liability limits and containing a clause obligating
the insurer to provide COMPANY with thirty (30) days notice prior to any cancellation or
material change in coverage. ENGINEER shall promptly report in writing to COMPANY all
accidents, claims, suits, or threats of litigation arising out of or in connection with the
performance of this Agreement.
ENGINEER shall also require that any contractors or subcontractors it retains to assist
in the performance of this Agreement maintain the type and minimum limits of insurance set
forth above.
10. Indemnification. To the fullest extent permitted by law, ENGINEER shall at its sole
cost and expense indemnify, keep and save harmless COMPANY, its officials, directors,
employees, (collectively, the "Indemnified Party") against any and all damage, losses,
liabilities, costs, expenses (including attorneys’ fees and court costs), injuries, death, claims,
suits, liabilities, and causes of action of every kind and character to the extent caused by any
negligent act or omission of ENGINEER, its servants employees, directors, officers,
subcontractors, invitees or licensees in connection with this Agreement, including but not
limited to, any damage to property, injury to any persons (including, without limitation, claims
based upon false arrest, detention, imprisonment or violation of the right to privacy), provided
however, that ENGINEER shall not be obligated to defend, indemnify or hold an Indemnified
Party harmless from and against any damage, losses, liabilities, costs, expenses (including
attorneys’ fees and court costs), injuries, death, claims, suits, liabilities, and causes of action
of every kind and character based upon, to the extent arising out of or resulting from any
negligent act or omission or intentional wrongdoing of such Indemnified
Party. ENGINEER’s indemnity obligations pursuant to this Section 10 shall survive
termination of this Agreement.
11. Assignment; Subcontracting. The interests, rights, powers, duties and liabilities of
the parties hereto shall be binding upon, and shall endure to the benefit of, the respective
successors and assigns of the parties. Notwithstanding the foregoing, the parties shall not
assign or transfer their interest in this Agreement or assign or transfer any right they may have
in the same, or any part hereof unless the written consent of the other party to such assignment
or transfer is first procured, which consent may not be unreasonably withheld. Any
unauthorized assignment or transfer shall be void and of no effect. ENGINEER may
subcontract to provide additional supervisors but ENGINEER shall at all times remain
responsible for the performance of, and payment for, the Services by its subcontractors. This
Agreement shall not create any contractual relationship between COMPANY and any such
subcontractor, or any other individual, corporation or entity, nor shall it create any obligation
on the part of COMPANY to pay or to see to the payment of any moneys due any such
subcontractor or other individual, corporation or entity.
12. Severability. If any section, subsection, term or provision of this Agreement or the
application thereof to any party or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of the said section, subsection, term or provision or the
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application of the same to parties or circumstances other than those to which it is held invalid
or unenforceable shall not be affected thereby, and shall be valid and enforceable to the fullest
extent permitted by law.
13. Notices. All notices, demands and other communications required or permitted to be
given under this Agreement shall be in writing and shall be deemed to be made or given when
personally delivered, when sent and received by facsimile or three (3) business days after
being mailed by registered or certified United States mail, postage prepaid, return receip t
requested, or one (1) business day after being sent by Federal Express or other recognized
carrier guaranteeing overnight delivery, postage prepaid, to the parties at the following
respective addresses, or at such other address as a respective party may designate pursuant to
a notice duly given hereunder to the other party:
A. If to COMPANY:
________________________
___________________________
___________________________
Attention: ________________
B. If to ENGINEER:
EN Engineering, LLC
28100 Torch Parkway
Warrenville, Illinois 60555
Attention: Chief Operating Officer
14. Entire Agreement; Waiver. This Agreement and the Schedules attached hereto
represent the complete and exclusive statement of the agreement between the parties, which
supersedes all prior proposals, oral or written, and all other prior communications between the
parties relating to the subject matter of this Agreement. Amendments, modifications and
waivers to this Agreement shall be made only by written instrument signed by both parties. To
the extent the statements, terms or provisions of this Agreement conflict with the statements,
terms or provisions of the attached Schedules, the statements, terms and provisions of this
Agreement shall govern and control.
15. Headings. The various headings and titles used in this Agreement are for convenience
of reference only and shall not affect the meaning or interpretations of this Agreement or any
provision thereof.
16. Force Majeure. If during the term of this Agreement or any renewal period thereto,
either party is unable to perform its obligations hereunder as a result of causes beyond its
control, then such party’s performance shall be excused during the period of such inability to
perform, and the term shall be extended for a period no longer than twelve (12) months. If
such inability to perform shall require a time extension of longer than twelve (12) months, this
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Agreement or any Schedule shall be terminated. The term “causes beyond its control” shall
also include but not be limited to fire, storm, flood, natural disaster, riot, insurrection, war,
and strike (“Force Majeure Events”); provided, however, nothing contained in this Agreement
or any exhibits or schedules attached thereto shall obligate either party to engage in any
settlement negotiations in connection with a pending or potential strike.
17. Damage Limitations
22.
17.1 Notwithstanding any provision of this Agreement to the contrary, COMPANY
may recover at most from Engineer, on account of any negligent act, error or omission on the
part of, or breach of any implied or express terms of this Agreement or any Schedule by
ENGINEER, its officers, members, managers, employees, directors and agents, or any claim
or demand which arises or is in any way related to any services performed under a Schedule
or pursuant to this Agreement, only that amount equal to the applicable insurance coverages
specified in Section 9.
17.2 Whether due to delay, breach of contract or warranty, negligence or any other
causes, neither party shall be liable to the other party for any special, exemplary, punitive,
liquidated, indirect or consequential damages of any nature, including, without limitation loss
of actual or anticipated profits or revenues, loss by reason of shutdown, non-operation, or
increased expense of manufacturing or operation.
18. Hazardous Substance Indemnity. ENGINEER, its principals, employees, agents or
subconsultants shall neither perform nor direct any services relating to the investigation,
detection, abatement, replacement, discharge, or removal of any toxic or hazardous
contaminants wastes or substances (“Hazardous Materials”). Provided that the Scope of
Services described in each Schedule is consistent with the previous statement, COMPANY
hereby agrees to bring no claim for negligence, breach of contract, contribution, indemnity or
any other claim against ENGINEER, its principals, employees, agents and subconsultants for
losses, costs, expenses or damages which COMPANY may incur arising from the existence
of Hazardous Materials at the site of the ENGINEER’s Services to be performed under any
Schedule unless the pollution incidents are caused or exacerbated by ENGINEER’s
negligence or if the Hazardous Materials are brought onsite by ENGINEER.
19. Governing Law. This Agreement shall be construed and enforced in accordance with
the internal laws of the State of Texas, without regard to any law of conflicts that may direct
the application of the laws of another jurisdiction. COMPANY and ENGINEER each hereby
irrevocably submits itself to the original jurisdiction of the state and federal courts sitting in
Chicago, Illinois with regard to any controversy in any way relating to the execution, delivery
or performance of this Agreement. The parties hereto further agree that any and all suits,
claims or actions founded upon such controversies shall be brought or filed exclusively in
such courts and nowhere else.
20. Contra Proferentum. This Agreement was prepared by all parties to this Agreement
and not by any party to the exclusion of any other.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and delivered by their respective duly authorized representatives as of the date first
above written.
EN Engineering, LLC City of Rancho Cucamonga
(“ENGINEER”) (“COMPANY”)
By: ___________________________ By: __________________________
Name: _________________________ Name: ________________________
Title: _________________________ Title: ________________________
Page 149
DATE:October 2, 2024
TO:Mayor and Members of the City Council
President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Micah Martin, Public Works Services Director
Mike McCliman, Fire Chief
Andy Miller, Facilities Superintendent
Andrea Bauer, Management Analyst II
SUBJECT:Consideration to Approve the Emergency Replacement of the Fire Alarm
Monitoring System at the Quakes Stadium and to Approve Amendment
No. 01 to Contract No. 2024-124 with Enko Systems, Inc. for Citywide Fire
Alarm Monitoring, Maintenance, and Repair Services in an Amount Not to
Exceed $250,000 for City and Fire District Facilities for FY 2024/2025.
(CITY/FIRE)
RECOMMENDATION:
Staff recommends the City Council and Board of Directors:
1. Acknowledge an emergency exists and necessitates the need to replace the fire alarm
monitoring system at the Quakes Stadium due to potential fire and life safety deficiencies.
2. Authorize the expenditure of $86,600 plus a 10% contingency of $8,660 for a total project
cost of $95,260 for the emergency replacement of the fire alarm monitoring system.
3. Approve Amendment No. 01 to Contract No. 2024-124 with Enko Systems, Inc. for
Citywide Fire Alarm Monitoring, Maintenance, and Repair Services in an amount not to
exceed $250,000 during Fiscal Year 2024/2025.
BACKGROUND:
Quakes Stadium, which has been serving the community since 1993, is equipped with a fire alarm
system that has reached the end of its functional life. The stadium continues to rely on its original
fire alarm panel and associated monitoring and notification devices. A recent fire alarm inspection
highlighted significant issues. The existing fire alarm monitoring system failed to meet current fire
safety standards and does not comply with the latest requirements set by the National Fire
Protection Agency (NFPA).
The existing fire alarm system's primary deficiency is its inability to produce sound levels adequate
to ensure it can be heard over the high ambient noise levels typically present during game days.
This failure poses a critical safety concern, as the alarm may not be audible in the event of a fire,
leading to potential delays in evacuation and increased risk to occupants.
Given these issues, it is imperative that the fire alarm system be replaced as soon as possible.
Upgrading to a modern system that meets current NFPA standards will enhance safety and
ensure that the fire alarm is effective even in the noisy environment experienced during events.
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The immediate replacement of the fire alarm system is crucial for ensuring the safety of all
individuals present at Quakes Stadium.
ANALYSIS:
The Public Works Services Department has engaged Enko Systems, Inc., the City's fire alarm
monitoring contractor, to provide a proposal for replacing the outdated fire alarm system at
Quakes Stadium. The total cost for this critical upgrade is $86,600. The project will involve the
installation of a new fire alarm panel and fire alarm annunciator to ensure compliance with current
safety standards. Additionally, the replacement will include all new initiating devices, such as
smoke detectors, manual pull stations, and duct detectors, as well as fire alarm notification
devices, including horns, strobes, and power supplies. This comprehensive update is essential to
enhance the reliability and effectiveness of the stadium’s fire alarm system, ensuring it meets
modern safety requirements and functions properly during all conditions.
If approved, a copy of Amendment No. 01 with Enko Systems, Inc. will be on file in the City Clerk’s
Office.
FISCAL IMPACT:
The fire alarm monitoring system replacement at Quakes Stadium was not anticipated in the FY
2024/2025 Budget. However, Public Works will allocate existing funds from F700 CC312 6600
SC2101 (formerly 1700312-5304) to finance the project.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City Council’s core value of promoting and enhancing a safe and healthy
community for all by ensuring City facilities are properly secured and monitored.
ATTACHMENTS:
None.
Page 151
DATE:October 2, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Fred Lyn, Deputy Director of Engineering Services/Utilities
Deborah Allen, Management Analyst I
SUBJECT:Consideration of a Contract with American Power Systems, LLC in the
Amount of $51,468, Plus a 10% Contingency and an Appropriation of
Funds in the Amount of $56,615 from the Municipal Utility Fund (Fund
705) for the Substation Maintenance. (CITY)
RECOMMENDATION:
Staff recommends the City Council:
1. Award and authorize the execution of a contract in the amount of $51,468 to
American Power Systems, LLC, for the total bid amount;
2. Authorize the expenditure of a 10% contingency in the amount of $5,147; and
3. Authorize the appropriation in the amount of $56,615 to account number
F705CC304SC7002 (Capital Outlay – Equipment and Furnishings) from the
Municipal Utility Fund (Fund 705)
BACKGROUND:
The Rancho Cucamonga Municipal Utility’s (RCMU) Arbor Substation became operational
in 2004. It is regularly maintained with electrical maintenance services and testing, including
annual inspections and comprehensive inspections every three (3) years. These services were
completed in March 2024. A service report is produced detailing the recommended and required
actions from the annual inspection. These critical infrastructure recommendations should be
completed for seamless utility operations.
ANALYSIS:
The recent comprehensive inspection report recommended the replacement of the substation
battery system. The substation battery system is original equipment that has surpassed its useful
life of 20 years. Staff reached out to the battery manufacturer, C&D Technologies, and was
directed to American Power Systems (APS). APS is the authorized regional distributor for C&D
Technologies batteries. Changing the manufacturer of the substation battery system will require
additional analysis, a new racking system, and secondary containment, resulting in a higher cost.
The scope of work includes providing temporary battery power backup, safely removing and
installing old batteries, cleaning the battery racking system, installing new the batteries and
accessory equipment, and testing the new battery system.
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Staff reviewed the bid and finds the bid to be reasonable and meeting the requirements. The sole
source justification is included as Attachment 1.
FISCAL IMPACT:
An appropriation in the amount of $56,615 from the Municipal Utility Fund (Fund 705) to account
number F705CC304SC7002 (Capital Outlay – Equipment and Furnishings) will be necessary to
fully fund the replace the batteries.
Account No.Funding Source Description Amount
F705CC304SC7002 Municipal Utility Fund (Fund
705)
Substation Maintenance $56,615
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s vision for the City by promoting and enhancing a safe and
healthy community for all by ensuring that public infrastructure is well-maintained and secure.
ATTACHMENTS:
Attachment 1 – Single Source Justification for American Power Systems, LLC
Page 153
I:\PURCHASE\TEMPLATES, FORMS\RFQ,RFQual,RFB,RFP TEMPLATES\Sole Source Justification Form.doc
CITY OF RANCHO CUCAMONGA
SINGLE/SOLE SOURCE JUSTIFICATION
FOR PURCHASES $8,500 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 1
American Power Systems (APS)October 2, 2024
Substation Battery System
51,468 Deborah Allen
American Power Systems is the regional
distributer for C&D Technologies, the original battery system at the substation.
Yes.
No.
Page 154
Single/Sole Source Justification Form
Page 2
I:\PURCHASE\TEMPLATES, FORMS\RFQ,RFQual,RFB,RFP TEMPLATES\Sole Source Justification Form.doc
05/23/2024
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: _______________________
APPROVED
APPROVED WITH CONDITION/S
DISAPPROVE
Comments:_______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
$5,000 - $49,999
APPROVED BY PURCHASING MANAGER: ____________________________Date: __________
$50,000 - $150,000
APPROVED BY CITY MANAGER: ____________________________Date: __________
$150,000 AND OVER
See comments above by Purchasing Division, attach to Council Request
CITY COUNCIL ACTION: ____________________________________________Date: __________
X
Jason Welday Engineering
44
Page 155
Page 1 of 1
This memorandum is a supplement to the "Single/Sole Source Justification" form submitted to
the Procurement Division regarding Rancho Cucamonga Municipal Utilities' (RCMU) proposed
purchase of a substation battery system from American Power Systems (APS).
For the following reasons, RCMU is requesting a Sole Source Justification:
1) The RCMU substation battery system the City currently owns and maintains
is from manufacturer C&D Technologies.
2) Changing the substation battery system will require additional analysis, a new racking system,
and secondary containment.
3) The manufacturer representative, regional distributor, and service provider for C&D
Technologies for Southern California is American Power System and they meet the project
guidelines.
Cc: Jason Welday, Director of Engineering Services / City Engineer
DATE: October 2, 2024
TO: Ruth Cain, Procurement Manager
FROM: Fred Lyn, Deputy Director of Engineering Services - Utilities
BY: Deborah Allen, Management Analyst I
SUBJECT: Sole Source Justification – American Power Systems (APS)
MEMORANDUM
Engineering
Page 156
DATE:October 2, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Jasmine Lopez, Assistant Engineer
SUBJECT:Consideration to Accept Public Improvements Located at the Southwest
Corner of Arrow Route and Pecan Avenue in the General Industrial
District per Improvement Agreement, Related to DRC2016-00270 and
DRC2018-00183, as Complete, File a Notice of Completion, and
Authorize the Release of Bonds. (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve and accept the public improvements and their design, required for the
development of Minor Design Review DRC2016-00270 and Site Development Review
DRC2018-00183 and authorize the City Engineer to file the appropriate Notice of
Completion;
2. Release the Faithful Performance Bond for the associated public improvements;
3. Release the Labor and Material Bond after City Council approval; and
4. Waive the maintenance bond requirement.
BACKGROUND:
On December 12, 2016, Minor Design Review DRC2016-00270 was approved by the
Planning Department for the site plan and architectural review of a 9,800-square foot truck
maintenance building on the original 4.81-acre project site and for the construction of a
parking facility for trucks, trailers and passenger vehicles on two separate parcels of the existing
site located at the southwest corner of Arrow Route and Pecan Avenue in the
General Industrial (GI) District. An improvement agreement and securities were approved by the
City Council on July 14, 2017, to ensure construction of the required public improvements along
the south side of Arrow Route.
On July 25, 2018, Site Development Review DRC2018-00183 was approved by the
Planning Department for review of the site improvements for the expansion of the now existing
trucking firm, Heartland Express Inc. An improvement agreement and securities were approved
by the City Council on January 8, 2019, to ensure construction of the required
public improvements for the extended parcels along the westside of Pecan Avenue and northside
of Whittram Avenue.
While separate improvement agreements and securities were submitted for different sections of
the public improvements, public improvements were constructed concurrent to one another.
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ANALYSIS:
All public improvements required of this development have been completed to the satisfaction of
the City Engineer.
Prior to construction of the public improvements the developer, Heartland Express Inc. of Iowa,
submitted the following securities to ensure satisfactory completion of the improvements:
Faithful Performance Bond DRC2016-00270 $ 56,400 Bond #106752648
Labor and Material Bond DRC2016-00270 $ 56,400 Bond #106752648
Faithful Performance Bond DRC2018-00183 $ 153,461.75 Bond #107012884
Labor and Material Bond DRC2018-00183 $ 153,461.75 Bond #107012884
City staff conducted a final inspection of the public improvements and confirmed all work was
completed to City standards. Typically, a separate maintenance bond in the amount of 10% of
the Faithful Performance Bond would be submitted to the City once work is completed. However,
in this case the developer did not provide a maintenance bond to the City; therefore, the
Faithful Performance Bond was retained for the satisfactory period (one (1) year from the
final inspection). City staff has confirmed the improvements have remained in good workmanship
and free of defects, City staff recommends the maintenance bond requirement be waived.
FISCAL IMPACT:
None.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s vision for the City by ensuring the maintenance of high-
quality improvements that promote a world class community.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Page 158
ATTACHMENT 1
Case No. DRC2016-00270 & DRC2018-00183
Vicinity Map
NOT TO SCALE
Project Site
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Whittram Ave
Arrow Rte
Page 159
DATE:October 2, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Marlena Perez, Principal Engineer
Romeo M. David, Associate Engineer
SUBJECT:Consideration to Accept as Complete, File the Notice of Completion and
Authorize Release of Retention and Bonds for the Fiscal Year 2023/24
Local Slurry Seal Pavement Rehabilitation Project. (CITY)
RECOMMENDATION:
Staff recommends the City Council:
1. Accept the Fiscal Year 2023/24 Local Slurry Seal Pavement Rehabilitation Project
(Project), Contract No.2024-106 as complete;
2. Approve the final contract amount of $323,420;
3. Authorize the City Engineer to file a Notice of Completion and release the Project retention,
35 days after recordation of Notice of Completion; and
4. Authorize the release of the Faithful Performance Bond 35 days after recordation of
Notice of Completion and accept a Maintenance Guarantee Bond;
5. Authorize the release of the Labor and Materials Bond in the amount of $343,285,
six (6) months after the recordation of said notice, if no claims have been received;
6. Authorize the City Engineer to approve the release of the Maintenance Bond one (1) year
following the recordation of the Notice of Completion if the improvements remain free from
defects in material and workmanship.
BACKGROUND:
On May 15, 2024, the City Council awarded a construction contract to Roy Allan Slurry Seal, Inc.,
in the amount of $343,285, plus 10% contingency in the amount of $34,330 for the construction
of the Project. A vicinity map illustrating the neighborhoods that received slurry seal is included
as Attachment 1. A copy of the May 15, 2024 City Council Staff Report is on file with the City
Clerk. The scope of work consisted of weed killing, routing and crack sealing, protecting existing
utilities, applying slurry seal, installing of pavement markers and thermoplastic striping and other
related items of work per plan.
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ANALYSIS:
The Project has been completed in accordance with the approved plans and specifications and
to the satisfaction of the City Engineer.
There were no contract change orders issued for the Project. Further, a final balancing statement
is not required as there were no changes in the final contract quantities placed or constructed
during the contract.
At the end of the one-year maintenance period, if the improvements remain free from defects in
materials and workmanship, the City Clerk will release the Maintenance Bond upon approval by
the City Engineer.
FISCAL IMPACT:
A total of $442,310 was budgeted in Fiscal Year 2023/24 from Measure I Fund (Fund 177), which
is identified under Capital Improvement Project account number and in the amount listed below.
Account No.Funding Source Description Amount
F177 CC303 7000
SC7004
PROJ 000002
Measure I Fund (177)Local Street Rehab $442,310
Total Project Funding $442,310
The final Project cost is $388,125 as shown below:
Expenditure Amount
Final Construction Contract $323,420
Construction Inspection Services $44,160
Construction Materials Testing $18,980
Bid Noticing Advertisement $1,565
Total Project Cost $388,125
A total of $54,185 is remaining in the budget for this Project and will be returned to the Measure I
(Fund 177) fund balance to be used for future capital improvement projects.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This Project meets our City Council core values by promoting and enhancing a safe and healthy
community for all, and by providing continuous improvement through the construction of high-
quality public improvements.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Page 161
ATTACHMENT 1
PROJECT# 800-2024-06
FY 2023/24 LOCAL SLURRY SEAL PAVEMENT REHABILITATIONS
VICINITY MAP
NOT TO SCALE
Project Site
Page 162
DATE:October 2, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Elisa C. Cox, Assistant City Manager
Kelly Guerra, Special Districts Analyst
SUBJECT:Consideration to Approve and Adopt Resolutions Certifying the Results of
Elections and Adding Annexation Nos. 2024-12, 2024-13, 2024-14, and
2024-15 to Community Facilities District No. 2022-01 (Street Lighting
Services) of the City of Rancho Cucamonga. (RESOLUTION NOS. 2024-
097, 2024-098, 2024-099 AND 2024-100) (CITY)
RECOMMENDATION:
Staff recommends the City Council approve and adopt the Resolutions Certifying the Results of
Elections and Adding Annexations Nos. 2024-12, 2024-13, 2024-14, and 2024-15 to Community
Facilities District No. 2022-01.
BACKGROUND:
The City Council approved Resolution No. 2022-063 (the “Resolution Authorizing Future
Annexation”) authorizing the future annexation of territory to Community Facilities District No.
2022-01 (Street Lighting Services) (the “CFD 2022-01”) to provide maintenance and services to
streetlights, traffic signals, and appurtenant facilities for new development.
The City conditions property owners to annex such properties into the existing CFD 2022-01 to
fund street light service and maintenance. In August 2024, the Property Owners signed an
Annexation Proceeding Deposit Agreement to initiate the annexation process.
ANALYSIS:
In September 2024, the Property Owners submitted their Consent and Waivers and their Official
Ballots, one for each annexation, to the City Clerk’s Office Election Official. The Election Official
has canvassed the ballots and completed the statement of votes cast (See Exhibit “A” of their
respective Resolution). The Property Owners cast their vote unanimously in favor of the special
tax levy for CFD 2022-01.
Adoption of the Resolutions constitutes the City Council’s formal action certifying the election
results and adding the Annexation Territories to CFD 2022-01 and directs the recordation of an
amendment to the existing Notice of Special Tax Lien. By recordation of this amendment,
prospective purchasers of the property within the Annexation Territories will have notice of the
special tax obligation affecting such properties.
A map showing the property is included in their respective Resolution.
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FISCAL IMPACT:
CFD 2022-01 was formed to be financially self-sufficient, meaning the revenues generated by the
District offset the costs of providing services and can be adjusted annually based on changes in
the overall operating costs of streetlights.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s core value of intentionally embracing and anticipating our
future by ensuring that new development is fiscally sustainable.
ATTACHMENTS:
Attachment 1 – Resolution Certifying the Results of an Election and Adding Annexation 2024-12
Attachment 2 – Resolution Certifying the Results of an Election and Adding Annexation 2024-13
Attachment 3 – Resolution Certifying the Results of an Election and Adding Annexation 2024-14
Attachment 4 – Resolution Certifying the Results of an Election and Adding Annexation 2014-15
Page 164
Resolution 2024-XXX Page 1 of 3
ATTACHMENT 1
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE
RESULTS OF AN ELECTION AND ADDING TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF
RANCHO CUCAMONGA, ANNEXATION NO. 2024-12.
WHEREAS, the City Council of the City of Rancho Cucamonga, California (the
“City Council”) has previously formed Community Facilities District No. 2022-01 (Street
Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) pursuant to
the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, for the purpose
of financing certain municipal maintenance services; and
WHEREAS, acting pursuant to the Act, the City Council also authorized by the
adoption of Resolution No. 2022-063 (the “Resolution Authorizing Future Annexation”)
the annexation in the future of territory to CFD No. 2022-01, such territory designated as
Future Annexation Area, Community Facilities District No. 2022-01 (the “Future
Annexation Area”); and
WHEREAS, at this time the unanimous consent to the annexation of certain
territory located within the Future Annexation Area to CFD No. 2022-01 has been
received from the property owner of such territory, and such territory has been designated
as ANNEXATION NO. 2024-12 (the "Territory"); and
WHEREAS, less than twelve (12) registered voters have resided within the
Territory for each of the ninety (90) days preceding the election date established for the
Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the
"landowner," as such term is defined in Government Code Section 53317(f), of such
Territory and such landowner who is the owner of record as of the applicable election
date, or the authorized representative thereof, shall have one vote for each acre or portion
of an acre of the parcel of land that landowner owns within such Territory; and
WHEREAS, the time limit specified by the Act for conducting an election to submit
the levy of the special taxes on the Territory to the qualified elector thereof and the
requirements for impartial analysis and ballot arguments have been waived with the
unanimous consent of the qualified elector of the Territory; and
WHEREAS, the City Clerk of the City of Rancho Cucamonga has caused a ballot
to be distributed to the qualified elector of the Territory, has received and canvassed such
ballot and made a report to the City Council regarding the results of such canvass, a copy
of which is attached as Exhibit “A” hereto and incorporated herein by this reference; and
Page 165
Resolution 2024-XXX Page 2 of 3
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WHEREAS, at this time the measure voted upon and such measure did receive
the favorable vote of the qualified elector of the Territory, and the City Council desires to
declare the results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No.
2024-12 (the "Annexation Map"), a copy of which is attached as Exhibit “B” hereto and
incorporated herein by this reference, has been submitted to this legislative body.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Rancho Cucamonga, California, acting as the legislative body of Community Facilities
District No. 2022-01, as follows:
Section 1. Recitals. The above recitals are true and correct.
Section 2. Findings. This legislative body does hereby further determine as
follows:
A. The unanimous consent as described in the recitals hereto to the
annexation of the Territory to CFD No. 2022-01 has been given by the owner of the
Territory and such consent shall be kept on file in the Office of the City Clerk of the City
of Rancho Cucamonga.
B. Less than twelve (12) registered voters have resided within the Territory for
each of the ninety (90) days preceding the election date established for the each of the
parcels located within the Territory, therefore, pursuant to the Act the qualified elector for
the Territory shall be the "landowner" of the Territory as such term is defined in
Government Code Section 53317(f).
C. The qualified elector of the Territory has voted in favor of the levy of special
taxes on the Territory upon its annexation to CFD No. 2022-01.
Section 3. Territory. The boundaries and parcels of property within the
Territory and on which special taxes will be levied in order to pay for the costs and
expenses of authorized municipal maintenance services are shown on the Annexation
Map as submitted to and hereby approved by this legislative body.
Section 4. Declaration of Annexation. This legislative body does hereby
determine and declare that the Territory, and each parcel therein, is now added to and
becomes a part of CFD No. 2022-01. The City Council, acting as the legislative body of
CFD No. 2022-01, is hereby empowered to levy the authorized special tax within the
Territory.
Section 5. Notice. Immediately upon adoption of this Resolution, notice shall
be given as follows:
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Resolution 2024-XXX Page 3 of 3
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A. A copy of the Annexation Map as approved shall be filed in the Office of the
County Recorder no later than fifteen (15) days after the date of adoption of this
Resolution.
B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation)
shall be recorded in the Office of the County Recorder no later than fifteen (15) days after
the date of adoption of this Resolution.
Section 6. Effective Date. This Resolution shall become effective upon its
adoption.
PASSED, APPROVED, AND ADOPTED this ________ day of ______________ 2024.
Page 167
A - 1
EXHIBIT “A”
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
Page 168
B - 1
EXHIBIT “B”
ANNEXATION MAP
Page 169
Resolution 2024-XXX Page 1 of 3
ATTACHMENT 2
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE
RESULTS OF AN ELECTION AND ADDING TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF
RANCHO CUCAMONGA, ANNEXATION NO. 2024-13
WHEREAS, the City Council of the City of Rancho Cucamonga, California (the
“City Council”) has previously formed Community Facilities District No. 2022-01 (Street
Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) pursuant to
the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, for the purpose
of financing certain municipal maintenance services; and
WHEREAS, acting pursuant to the Act, the City Council also authorized by the
adoption of Resolution No. 2022-063 (the “Resolution Authorizing Future Annexation”)
the annexation in the future of territory to CFD No. 2022-01, such territory designated as
Future Annexation Area, Community Facilities District No. 2022-01 (the “Future
Annexation Area”); and
WHEREAS, at this time the unanimous consent to the annexation of certain
territory located within the Future Annexation Area to CFD No. 2022-01 has been
received from the property owner of such territory, and such territory has been designated
as ANNEXATION NO. 2024-13 (the "Territory"); and
WHEREAS, less than twelve (12) registered voters have resided within the
Territory for each of the ninety (90) days preceding the election date established for the
Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the
"landowner," as such term is defined in Government Code Section 53317(f), of such
Territory and such landowner who is the owner of record as of the applicable election
date, or the authorized representative thereof, shall have one vote for each acre or portion
of an acre of the parcel of land that landowner owns within such Territory; and
WHEREAS, the time limit specified by the Act for conducting an election to submit
the levy of the special taxes on the Territory to the qualified elector thereof and the
requirements for impartial analysis and ballot arguments have been waived with the
unanimous consent of the qualified elector of the Territory; and
WHEREAS, the City Clerk of the City of Rancho Cucamonga has caused a ballot
to be distributed to the qualified elector of the Territory, has received and canvassed such
ballot and made a report to the City Council regarding the results of such canvass, a copy
of which is attached as Exhibit “A” hereto and incorporated herein by this reference; and
Page 170
Resolution 2024-XXX Page 2 of 3
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WHEREAS, at this time the measure voted upon and such measure did receive
the favorable vote of the qualified elector of the Territory, and the City Council desires to
declare the results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No.
2024-13 (the "Annexation Map"), a copy of which is attached as Exhibit “B” hereto and
incorporated herein by this reference, has been submitted to this legislative body.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Rancho Cucamonga, California, acting as the legislative body of Community Facilities
District No. 2022-01, as follows:
Section 1. Recitals. The above recitals are true and correct.
Section 2. Findings. This legislative body does hereby further determine as
follows:
A. The unanimous consent as described in the recitals hereto to the
annexation of the Territory to CFD No. 2022-01 has been given by the owner of the
Territory and such consent shall be kept on file in the Office of the City Clerk of the City
of Rancho Cucamonga.
B. Less than twelve (12) registered voters have resided within the Territory for
each of the ninety (90) days preceding the election date established for the each of the
parcels located within the Territory, therefore, pursuant to the Act the qualified elector for
the Territory shall be the "landowner" of the Territory as such term is defined in
Government Code Section 53317(f).
C. The qualified elector of the Territory has voted in favor of the levy of special
taxes on the Territory upon its annexation to CFD No. 2022-01.
Section 3. Territory. The boundaries and parcels of property within the
Territory and on which special taxes will be levied in order to pay for the costs and
expenses of authorized municipal maintenance services are shown on the Annexation
Map as submitted to and hereby approved by this legislative body.
Section 4. Declaration of Annexation. This legislative body does hereby
determine and declare that the Territory, and each parcel therein, is now added to and
becomes a part of CFD No. 2022-01. The City Council, acting as the legislative body of
CFD No. 2022-01, is hereby empowered to levy the authorized special tax within the
Territory.
Section 5. Notice. Immediately upon adoption of this Resolution, notice shall
be given as follows:
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A. A copy of the Annexation Map as approved shall be filed in the Office of the
County Recorder no later than fifteen (15) days after the date of adoption of this
Resolution.
B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation)
shall be recorded in the Office of the County Recorder no later than fifteen (15) days after
the date of adoption of this Resolution.
Section 6. Effective Date. This Resolution shall become effective upon its
adoption.
PASSED, APPROVED, AND ADOPTED this ________ day of ______________ 2024.
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EXHIBIT “A”
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
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EXHIBIT “B”
ANNEXATION MAP
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Resolution 2024-XXX Page 1 of 3
ATTACHMENT 3
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE
RESULTS OF AN ELECTION AND ADDING TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF
RANCHO CUCAMONGA, ANNEXATION NO. 2024-14.
WHEREAS, the City Council of the City of Rancho Cucamonga, California (the
“City Council”) has previously formed Community Facilities District No. 2022-01 (Street
Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) pursuant to
the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, for the purpose
of financing certain municipal maintenance services; and
WHEREAS, acting pursuant to the Act, the City Council also authorized by the
adoption of Resolution No. 2022-063 (the “Resolution Authorizing Future Annexation”)
the annexation in the future of territory to CFD No. 2022-01, such territory designated as
Future Annexation Area, Community Facilities District No. 2022-01 (the “Future
Annexation Area”); and
WHEREAS, at this time the unanimous consent to the annexation of certain
territory located within the Future Annexation Area to CFD No. 2022-01 has been
received from the property owner of such territory, and such territory has been designated
as ANNEXATION NO. 2024-14 (the "Territory"); and
WHEREAS, less than twelve (12) registered voters have resided within the
Territory for each of the ninety (90) days preceding the election date established for the
Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the
"landowner," as such term is defined in Government Code Section 53317(f), of such
Territory and such landowner who is the owner of record as of the applicable election
date, or the authorized representative thereof, shall have one vote for each acre or portion
of an acre of the parcel of land that landowner owns within such Territory; and
WHEREAS, the time limit specified by the Act for conducting an election to submit
the levy of the special taxes on the Territory to the qualified elector thereof and the
requirements for impartial analysis and ballot arguments have been waived with the
unanimous consent of the qualified elector of the Territory; and
WHEREAS, the City Clerk of the City of Rancho Cucamonga has caused a ballot
to be distributed to the qualified elector of the Territory, has received and canvassed such
ballot and made a report to the City Council regarding the results of such canvass, a copy
of which is attached as Exhibit “A” hereto and incorporated herein by this reference; and
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WHEREAS, at this time the measure voted upon and such measure did receive
the favorable vote of the qualified elector of the Territory, and the City Council desires to
declare the results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No.
2024-14 (the "Annexation Map"), a copy of which is attached as Exhibit “B” hereto and
incorporated herein by this reference, has been submitted to this legislative body.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Rancho Cucamonga, California, acting as the legislative body of Community Facilities
District No. 2022-01, as follows:
Section 1. Recitals. The above recitals are true and correct.
Section 2. Findings. This legislative body does hereby further determine as
follows:
A. The unanimous consent as described in the recitals hereto to the
annexation of the Territory to CFD No. 2022-01 has been given by the owner of the
Territory and such consent shall be kept on file in the Office of the City Clerk of the City
of Rancho Cucamonga.
B. Less than twelve (12) registered voters have resided within the Territory for
each of the ninety (90) days preceding the election date established for the each of the
parcels located within the Territory, therefore, pursuant to the Act the qualified elector for
the Territory shall be the "landowner" of the Territory as such term is defined in
Government Code Section 53317(f).
C. The qualified elector of the Territory has voted in favor of the levy of special
taxes on the Territory upon its annexation to CFD No. 2022-01.
Section 3. Territory. The boundaries and parcels of property within the
Territory and on which special taxes will be levied in order to pay for the costs and
expenses of authorized municipal maintenance services are shown on the Annexation
Map as submitted to and hereby approved by this legislative body.
Section 4. Declaration of Annexation. This legislative body does hereby
determine and declare that the Territory, and each parcel therein, is now added to and
becomes a part of CFD No. 2022-01. The City Council, acting as the legislative body of
CFD No. 2022-01, is hereby empowered to levy the authorized special tax within the
Territory.
Section 5. Notice. Immediately upon adoption of this Resolution, notice shall
be given as follows:
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A. A copy of the Annexation Map as approved shall be filed in the Office of the
County Recorder no later than fifteen (15) days after the date of adoption of this
Resolution.
B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation)
shall be recorded in the Office of the County Recorder no later than fifteen (15) days after
the date of adoption of this Resolution.
Section 6. Effective Date. This Resolution shall become effective upon its
adoption.
PASSED, APPROVED, AND ADOPTED this ________ day of ______________ 2024.
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EXHIBIT “A”
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
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B - 1
EXHIBIT “B”
ANNEXATION MAP
Page 179
Resolution 2024-XXX Page 1 of 3
ATTACHMENT 4
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE
RESULTS OF AN ELECTION AND ADDING TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF
RANCHO CUCAMONGA, ANNEXATION NO. 2024-15.
WHEREAS, the City Council of the City of Rancho Cucamonga, California (the
“City Council”) has previously formed Community Facilities District No. 2022-01 (Street
Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) pursuant to
the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, for the purpose
of financing certain municipal maintenance services; and
WHEREAS, acting pursuant to the Act, the City Council also authorized by the
adoption of Resolution No. 2022-063 (the “Resolution Authorizing Future Annexation”)
the annexation in the future of territory to CFD No. 2022-01, such territory designated as
Future Annexation Area, Community Facilities District No. 2022-01 (the “Future
Annexation Area”); and
WHEREAS, at this time the unanimous consent to the annexation of certain
territory located within the Future Annexation Area to CFD No. 2022-01 has been
received from the property owner of such territory, and such territory has been designated
as ANNEXATION NO. 2024-15 (the "Territory"); and
WHEREAS, less than twelve (12) registered voters have resided within the
Territory for each of the ninety (90) days preceding the election date established for the
Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the
"landowner," as such term is defined in Government Code Section 53317(f), of such
Territory and such landowner who is the owner of record as of the applicable election
date, or the authorized representative thereof, shall have one vote for each acre or portion
of an acre of the parcel of land that landowner owns within such Territory; and
WHEREAS, the time limit specified by the Act for conducting an election to submit
the levy of the special taxes on the Territory to the qualified elector thereof and the
requirements for impartial analysis and ballot arguments have been waived with the
unanimous consent of the qualified elector of the Territory; and
WHEREAS, the City Clerk of the City of Rancho Cucamonga has caused a ballot
to be distributed to the qualified elector of the Territory, has received and canvassed such
ballot and made a report to the City Council regarding the results of such canvass, a copy
of which is attached as Exhibit “A” hereto and incorporated herein by this reference; and
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WHEREAS, at this time the measure voted upon and such measure did receive
the favorable vote of the qualified elector of the Territory, and the City Council desires to
declare the results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No.
2024-15 (the "Annexation Map"), a copy of which is attached as Exhibit “B” hereto and
incorporated herein by this reference, has been submitted to this legislative body.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Rancho Cucamonga, California, acting as the legislative body of Community Facilities
District No. 2022-01, as follows:
Section 1. Recitals. The above recitals are true and correct.
Section 2. Findings. This legislative body does hereby further determine as
follows:
A. The unanimous consent as described in the recitals hereto to the
annexation of the Territory to CFD No. 2022-01 has been given by the owner of the
Territory and such consent shall be kept on file in the Office of the City Clerk of the City
of Rancho Cucamonga.
B. Less than twelve (12) registered voters have resided within the Territory for
each of the ninety (90) days preceding the election date established for the each of the
parcels located within the Territory, therefore, pursuant to the Act the qualified elector for
the Territory shall be the "landowner" of the Territory as such term is defined in
Government Code Section 53317(f).
C. The qualified elector of the Territory has voted in favor of the levy of special
taxes on the Territory upon its annexation to CFD No. 2022-01.
Section 3. Territory. The boundaries and parcels of property within the
Territory and on which special taxes will be levied in order to pay for the costs and
expenses of authorized municipal maintenance services are shown on the Annexation
Map as submitted to and hereby approved by this legislative body.
Section 4. Declaration of Annexation. This legislative body does hereby
determine and declare that the Territory, and each parcel therein, is now added to and
becomes a part of CFD No. 2022-01. The City Council, acting as the legislative body of
CFD No. 2022-01, is hereby empowered to levy the authorized special tax within the
Territory.
Section 5. Notice. Immediately upon adoption of this Resolution, notice shall
be given as follows:
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A. A copy of the Annexation Map as approved shall be filed in the Office of the
County Recorder no later than fifteen (15) days after the date of adoption of this
Resolution.
B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation)
shall be recorded in the Office of the County Recorder no later than fifteen (15) days after
the date of adoption of this Resolution.
Section 6. Effective Date. This Resolution shall become effective upon its
adoption.
PASSED, APPROVED, AND ADOPTED this ________ day of ______________ 2024.
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A - 1
EXHIBIT “A”
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
Page 183
B - 1
EXHIBIT “B”
ANNEXATION MAP
Page 184
DATE:October 2, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Matt Marquez, Director of Planning and Economic Development
Jennifer Nakamura, CNU-A, Deputy Director of Planning
Bond Mendez, CPD, Associate Planner
SUBJECT:Public Hearing for Consideration of First Reading of Ordinance No. 1031,
to be Read by Title Only and Waive Further Reading Amending Title 17
of the Rancho Cucamonga Municipal Code Establishing Battery Energy
Storage Facilities as a Use Permitted with a Conditional Use Permit for
Properties Located in the Neo-Industrial (NI) and Industrial Employment
(IE) Zones, Amending Sections 17.22.020 Establishing a Master Plan
Requirement, 17.30.030 Updating the Land Use and Permit
Requirements by Base Zone Table, 17.32.020 Adding Land Use
Definitions, 17.140.020 Adding Definitions and Adding Chapter 17.109
Establishing Development and Operational Standards for Battery Energy
Storage Facilities. This Item is Exempt from the California Environmental
Quality Act, Pursuant to State CEQA Guidelines Section 15061(B)(3).
(ORDINANCE NO. 1031) (CITY)
RECOMMENDATION:
Planning Commission and Staff recommend the City Council conduct first reading of Ordinance
No. 1031 to be read by title only and waive further reading, to amend Title 17 to establish Battery
Energy Storage Facilities as a conditionally permitted land use and establish development and
operational standards for these facilities.
BACKGROUND:
The proposed Development Code Amendment was scheduled for a public hearing by the
Planning Commission on April 24, 2024. Staff requested that the Planning Commission continue
the public hearing to allow staff to work with stakeholders that had additional questions about the
proposed ordinance. Following the hearing on April 24, 2024, staff, including the Fire District,
engaged with the interested parties in an effort to understand and respond to their questions and
address concerns. A subsequent hearing was conducted by the Planning Commission on August
28, 2024. The Commission reviewed the proposed ordinance, asked questions of Planning and
Fire staff and received public testimony in support of the proposed ordinance. The Commission
voted unanimously to recommend approval of the amendments to the City Council.
A Battery Energy Storage (BES) Facility enables power system operators/utilities to store energy
for later use. A BES Facility collects and stores excess energy from a powerplant and/or from a
power grid. This would occur during periods when the demand for electricity is low and, therefore,
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the need for the energy generated is low. During periods of high demand, BES Facilities
discharge/distribute the stored energy back into the power grid.
The BES Facility may be constructed and operated by an entity that is separate from the
energy/utility provider. The siting of a BES Facility can be adjacent, or in relatively proximity to, a
specific powerplant or substation. Or, if property is unavailable for the construction/operation of a
BES Facility, it can be located elsewhere provided that the energy grid is accessible, i.e. power
line connections, referred to as “generation inter-tie” or “generation interconnect” transmission
line(s), can be constructed between the powerplant and the BES Facility.
Proposed BES Facilities could be developed in various configurations as follows:
Configuration 1 - Rows of battery “cabinets” that are enclosed within a building (or a set of
buildings). The building would have design and construction characteristics that are similar to a
warehouse building. The floor area of the building would vary depending on the size of the overall
BESS and the number of cabinets. Except for relatively infrequent access during regular
operations and for maintenance activities, the building would be unoccupied. See Figure 1.
Figure 1: Cabinets within Enclosed Building Configuration. Image Source: Google Images
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Configuration 2 - Battery “cabinets” that are not enclosed within a larger building. They may be
clustered together or individually separated. The size and number of cabinets and their design
will vary. As with the above-noted building, in the configuration described above, they would not
be occupied, see Figure 2.
Figure 2: Battery Cabinet Unenclosed Configuration. Image Source: Google Images
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Configuration 3 - Batteries within standalone “containers” that have the appearance and
dimensions similar to a standard shipping container (approximately 40 feet long x 8 feet wide x
9.5 feet high). The number of containers would vary. They would not be occupied. See Figure 3.
Figure 3: Container Configuration. Image Source: Google Images
For all configurations, on-site non-public roads and/or drive aisles would be limited to service
and general access. BES Facilities may include space within a building (Configuration 1) or an
accessory building (Configurations 2 and 3) for operations and maintenance. The number of staff
necessary for a BES Facility would be limited and daily or on-site staff are not present at the
facilities. Their roles would be related to remote operations including coordination with local
power grid operators. The facility may also include a variety of machinery and equipment and
would require periodic maintenance by technicians. However, technicians would not be on-site
on a regular basis. Attachment 1, provided by the Southern California Edison, provides more
details on BES Facilities.
Planning Department staff has received several inquiries from multiple private companies who
have requested direction on how to appropriately develop BES Facilities in Rancho Cucamonga.
The Development Code does not have a land use category to allow for this type of development.
Staff has had internal discussions with other departments to research and review BES Facilities
and worked with our code consultant to prepare the draft code amendments to establish a
regulatory framework for the development of these facilities.
ANALYSIS:
Staff has determined that the BES Facility land use category would fit best within the Industrial,
Manufacturing, and Processing land use categories. In addition, the land use is proposed to be
permitted in the Neo-Industrial (NI) zone and the Industrial Employment (IE) zone with approval
of a Conditional Use Permit (CUP) to ensure appropriate development and operational
requirements are maintained.
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Summary of Proposed Development Code Amendment(s):
•Add a new chapter (17.109) to the Development Code to establish development and
operational standards for BES Facilities
•Update Table 17.30.030-1 Allowed Land Uses and Permit Requirements by Base Zone to
permit BES Facilities in the following zones: NI and IE.
•Addition to the land use definitions in Section 17.32.020.H (Industrial, Manufacturing, and
Processing Uses)
Battery Energy Storage Facility means utility-scale stationary batteries that are
connected to distribution/transmission networks or power-generation assets. Utility-scale
facilities are intended primarily to interact with the electric grid and are not intended to
serve a specific end user. Utility- scale facilities increase flexibility in power systems,
provide grid reliability support and enable an optimal use of variable electricity sources
like photovoltaic and wind.
•Additions to 17.140.020 (Universal Definitions)
Battery means a single cell, stack, core building block, or a group of cells connected
electrically in series, in parallel, or a combination of both, which can charge, discharge,
and store energy electrochemically. Batteries utilized in consumer products are excluded
from these requirements.
Battery Energy Storage System means a system consisting of electrochemical storage
batteries, battery chargers, controls, power conditioning systems and associated electrical
equipment, assembled together, capable of storing energy in order to supply electrical
energy at a future time, not to include a stand-along 12-volt car battery or an electric motor
vehicle.
Battery Management System means an electronic system that prevents storage
batteries from operating outside their safe operating parameters and disconnects electrical
power to the energy storage system or places it in a safe condition if potentially hazardous
temperatures or other conditions are detected. The system generates an alarm and
trouble signal for abnormal conditions.
•Addition to the Master Plan requirements in Section 17.22.020.C:
Pursuant to section 17.14.060 and other provisions of this title, a master plan is required
for Battery Energy Storage Facilities on sites of 10 acres or more.
a. The purpose of the master plan for such facilities is to ensure that the development
does not impose significant burdens on city services and nearby properties, as well as
to ensure that the development has adequate public services and infrastructure to
accommodate the expected use. In addition, the master planning process is expected
to ensure that the proposed development provides community benefits that may not
otherwise be provided through strict application of the provisions of this title.
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Development Regulations
The proposed amendment establishes reasonable zoning and land use regulations regarding the
operation of BES Facilities that are intended to address the potential negative impacts of these
facilities on the community. Staff worked with a consultant team on the development regulations
and have analyzed and discussed the draft material with Building and Safety, Fire, and
Engineering staff. Within the draft Development Code Chapter includes regulations listed below
as some of the major points of criteria:
•Zoning and location requirements
o Conditionally Permitted in NI or IE zones.
o 1-Mile maximum separation from a power generation site.
o 1,000 feet minimum separation from residentially zoned properties.
•Emergency Operations Plan for emergency shut-down, de-energizing and isolation of
equipment.
o Reducing risk of injury and safety measures in case of emergency, reducing
impacts to emergency responders and neighboring properties.
•Decommissioning plan to remove equipment and restore to previous state of site
conditions.
•Change of ownership requirements to provide city notice of change of ownership and
acknowledgement of all operating requirements.
•Abandonment plans in response to an abandoned site including the City’s action to
remove equipment from the site.
Environmental Assessment:
The proposed ordinance is not subject to the California Environmental Quality Act (“CEQA”),
pursuant to State CEQA Guidelines Sections 15061(b)(3) because it can be seen with certainty
that there is no possibility that the proposed amendment, establishing standards for the
installation and use of energy storage facilities, will have a significant effect on the environment.
The proposed amendment is an administrative process of the City that will not result in a direct or
indirect physical change in the environment. Battery Energy Storage Facilities developed
pursuant to this ordinance would be independently reviewed and evaluated pursuant to CEQA.
FISCAL IMPACT:
Standard application fees and development impact fees, which are calculated using an
established formula will be received. However, the long-term revenue, e.g. sales and/or franchise
taxes, that will be generated is uncertain. Employment opportunities will be limited as the
operations of the BES facilities are largely automated. As there will be few employees on-site at
any time, the contribution to the local economy will also be limited.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
The amendment supports the City Council’s goal of promoting a safe and healthy community for
all by imposing appropriate land use controls and operational standards; and any proposed
projects have the potential to fulfill the following General Plan goals and policies:
Goal RC-5 Local Air Quality. Healthy air quality for all residents.
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Policy RC-5.10 Clean and Green Industry. Prioritize non-polluting industries and
companies using zero or low air pollution technologies.
Goal RC-6 Climate Change. A resilient community that reduces its contributions to a
changing climate and is prepared for the health and safety risks of climate change.
Policy RC-6.2 Renewable Energy. Encourage renewable energy installations and
facilitate green technology and business.
Goal RC-7 Energy. An energy efficient community that relies primarily on renewable and non-
polluting energy sources.
ATTACHMENTS:
Attachment 1 – Southern California Edison Battery Storage Overview
Attachment 2 – Planning Commission Meeting Minutes, August 28, 2024
Attachment 2 – Signed Planning Commission Resolution 24-30
Attachment 3 – Ordinance No. 1031
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Battery Storage:
A Clean Energy Resource
Battery energy storage is among the clean energy resources transforming Southern California Edison’s power grid. SCE believes
that batteries are a fundamental component of a cleaner, more resilient, more cost-effective grid. Over the last few years, SCE has
become one of the leading utilities in committing to energy storage resources and bringing them online.
Batteries allow us to capture and store energy during times of low demand, when it is plentiful and inexpensive,
and use it during times of high demand, when energy is in short supply and more expensive.
Batteries on the sce Grid
As more and more renewable resources such as
solar and wind come online, batteries can help smooth
out the fluctuations in these resources by storing the
energy they generate and supplying it to the grid later
when the sun isn’t shining or the wind isn’t blowing.
Energy storage can also support local distribution circuits
impacted by the high penetration of renewable resources
and improve power quality.
Battery energy storage can be used by itself or
in combination with other resources, such as
gas-fired peaker plants, to help meet peak demand and sup-
port electric grid operations, and can serve
as emergency backup during energy shortfalls or
grid service interruptions.
Over time, greater reliance on storage could also offset tra-
ditional ways of meeting increasing energy demand, such as
building new power generation stations,
transmission lines, and distribution circuits.
SCE plans to connect between 580 and 747 megawatts of
energy storage to the grid by 2024 by installing
numerous battery energy storage systems.
Benefits of Battery Storage
• Supports overall grid operations
• Reduces greenhouse gas emissions
• Improves the integration of renewable energy resources
• Provides additional capacity to the grid in times of need
• Potentially defers capital upgrades
• Can be charged during off-peak times, such as
mornings, and then discharged during peak times,
such as hot afternoons, to reduce peak energy needs
•Can be placed strategically in locations on the circuit
where they are needed most, with modular designs
that address space and other constraints
Attachment 1
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SCE Battery Energy Storage Resources
At the beginning of 2017, Southern California Edison had nearly 400 megawatts of energy storage under contract, which is
almost double the amount that was installed in the entire nation in 2015. These resources include:
Aliso Canyon Energy Storage Procurement
In 2016, SCE entered into a number of contracts for
battery energy storage to increase grid reliability and to help
mitigate the impacts of the projected gas shortages from a 2015
leak and subsequent shutdown of SoCal Gas’s Aliso Canyon
Natural Gas Storage Facility.
The following contracts represent 62 megawatts of
battery energy storage.
• The installation of two 10 megawatt SCE-owned battery
energy storage systems adjacent to SCE’s Mira Loma
peaker facility in Ontario by Tesla Energy.
• The procurement of 22 megawatts of power from
non-SCE owned battery energy storage facilities in
Southern California.
• Installation of 10 megawatts of battery energy storage
at each of two gas-fired peaker sites—Center Substation
in Norwalk and Grapeland Substation in Rancho
Cucamonga—by General Electric. The units will be
integrated with the peakers, allowing the turbines to
operate in standby mode without using fuel or emitting
greenhouse gases and enabling immediate response to
changing energy dispatch needs.
Preferred Resources Pilot
75 megawatts of battery energy storage was included in
the 125 megawatts of power purchased for the Preferred
Resources Pilot, a multiyear project designed to determine
whether “preferred resources”—including solar, wind, energy
storage, energy efficiency and energy conservation—can be
used to offset the increasing demand for electricity
in Orange County.
Local Capacity Requirements Procurement
SCE purchased 260 megawatts of power from
battery energy storage providers in 2014 as part of a
2200-megawatt procurement designed to meet local
reliability needs for the L.A. Basin. Because energy
storage was cost-competitive when compared with other
preferred resources, the size of the battery
energy storage component was more than five times
the amount that the state required – a widely
recognized game changer for the storage industry.
Demonstration Projects
SCE experiments with new uses of battery technology Irvine Smart Grid Demonstration – Hosted at UC Irvine,
to evaluate how the technology might best serve its this demonstration project was an end-to-end study of smart
customers. SCE battery energy storage demonstration grid technologies with multiple energy storage systems. The
projects include:purpose of the project was to examine how to support the
increasing contribution of renewable resources to the power The recently concluded Tehachapi Energy Storage system, the changing demands on the system, and how to Project demonstration was the largest lithium-ion respond to real world concerns. The demonstration was battery energy storage demonstration project in North co-funded by a U.S. Department of Energy grant.America at commissioning. The facility is located near one
of the largest wind generation hubs in the U.S. — the Distribution Energy Storage Integration I (DESI I)
Tehachapi Wind Resource Area. It is capable of supplying This battery energy storage system in Orange is SCE’s first
32 megawatt-hours of electricity — 8 megawatts of power pilot system deployed to support its distribution grid.
for four continuous hours, which is enough to power 6,000 DESI I’s primary purpose is to help with reliability,
homes. With the demonstration concluded, plans are especially during the hottest months when there is an
underway to use the facility as a distribution-level resource increased demand for electricity. The system is capable of
supporting SCE’s Monolith substation near Tehachapi, CA.supplying 2.4 megawatts of power continuously for about
an hour and a half.
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Final
Historic Preservation Commission
and
Planning Commission Agenda
August 28, 2024
FINAL Minutes
Rancho Cucamonga, CA 91730
7:00 p.m.
The regular Joint meeting of the Historic Preservation Commission and Planning Commission was held on
August 28, 2024. The meeting was called to order by Chairman Morales at 7:00 p.m.
A.Roll Call
Planning Commission present: Chairman Morales, Vice Chairman Boling, Commissioner Dopp, Commissioner
Daniels and Commissioner Diaz.
Staff Present: Serita Young, Assistant City Attorney; Jennifer Nakamura, Deputy Director of Planning; Bond
Mendez, Associate Planner; Shane Adams, Fire Prevention Supervisor; Rick Snawder, Fire Marshal;
Tammy Graciano, Fire Prevention Supervisor; Elizabeth Thornhill, Executive Assistant.
B.Public Communications
Chairman Morales opened the public communications.
Hearing no comments, Chairman Morales closed the public communications.
C.Consent Calendar
C1. Consideration to adopt Regular Meeting Minutes of August 14, 2024.
Motion: Moved by Vice Chairman Boling; seconded by Commissioner Diaz. Motion carried 5-0.
D.Public Hearings
D1. THIS PUBLIC HEARING WILL NOT BE HEARD TONIGHT. A NEW PUBLIC HEARING NOTICE
WILL BE DISTRIBUTED IF AND WHEN THE HEARING WILL OCCUR. TENTATIVE TRACT MAP –FORE
PROPERTY - A request to consolidate six (6) parcels into one (1) parcel totaling approximately 9.15 acres
of land within the Traditional Town Center General Plan Designation and Center 1 (CE1) Zone, located at
the northeast corner of Foothill Boulevard and Grove Avenue; APNs: 0207-011-35, - 36, -41, -43, -44, and -
45.This item is exempt from the requirements of the California Environmental Quality Act (CEQA) under
CEQA Section 15305 – Minor Alterations in Land Use Limitations (SUBTT20863; Related file: Design
Review DRC2022-00379).
Deputy Director of Planning Nakamura announced that this item will not be presented, and no further action will be
taken at this time.
Attachment 2
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Final
D2. Consideration of a Municipal Code Amendment to amend Title 17 of the Rancho Cucamonga Municipal
Code Establishing Battery Energy Storage Facilities as a Use Permitted with a Conditional Use Permit for
Properties Located in the Neo-Industrial (NI) and Industrial Employment (IE) Zones. This Item is Exempt
from the California Environmental Quality Act, Pursuant to State CEQA Guidelines Section 15061(B)(3). This
Item Will be Forwarded to City Council for Final Action.
Planner Bond Mendez presented a PowerPoint presentation (copy on file).
Commissioner Dopp asked Fire Marshal Snawder what kind of technology is out there on how to approach
combustion of a lithium-ion battery fire.
Fire Marshal Snawder explained with batteries evolving and suppression systems getting better, they will
suppress the fire and have the appropriate water systems to do so.
Commissioner Dopp asked what density of batteries will be included and looked by the fire department.
Fire Marshal Snawder replied that density will be part of the inspection process.
Commissioner Daniels asked if they had a preference regarding the three difference container configurations,
and if one is better than the other.
Fire Prevention Supervisor Adams explained that each configuration exposes different hazards and that they
do not prefer one type over the other.
Chairman Morales opened the public hearing.
Public comment by Senior Director Nicholas Connell, Government & Regulatory Affairs at Aypa Power,
expressed his appreciation to Commissioners and staff for being transparent during the process.
Chairman Morales closed the public hearing.
Commissioner Diaz asked if there is a fire at one of the battery storage facilities how would it be suppressed.
Fire Prevention Supervisor Adams explained they would be able to apply their latest technology available that
would shut batteries down preventing a fire.
Commissioner Diaz asked if there was a lithium fire is there a way to suppress it.
Fire Prevention Supervisor Adams answered that the latest fire codes do require battery management systems
to be able to control the battery system itself and if they cannot control it, he explained that it would provide an
early notification so they can respond quickly before it becomes a fully involved structured fire.
Commissioner Diaz asked if there are other facilities within the city that have a similar type of plan.
Fire Prevention Supervisor Adams responded there are facilities with other types of hazardous materials
associated with them. He said there are emergency operation plans and notifications for any applicant to meet
the fire code requirements and the environmental requirements by San Bernardino Fire.
Commissioner Diaz asked how often they would require inspections.
Fire Prevention Supervisor Adams answered it would be every three years, and the district can change the
frequency if needed.
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Final
Commission Dopp asked that any kind of battery storage facility will need a conditional use permit.
Deputy Director of Planning Nakamura confirmed.
Commissioner Dopp expressed his concern with Neo Industrial and that these facilities do not bring jobs to the
community. He asked staff to respond.
Deputy Director of Planning Nakamura explained the Industrial Zones for the city.
Commissioner Dopp stated he wishes the technology of the batteries was further ahead given the ordinance
right now and with concerns people have about the specific type of battery. He requested staff to take a second
look at Neo Industrial before this goes to City Council and see if there may be a further restriction in that specific
zone. He said 450,000 sq. ft. of Neo Industrial seems to be extreme. He said as reluctant as he is in a couple
of areas, it is better to be forward on this with the minor edits and he is okay with the recommendations.
Commissioner Daniels stated he did some research and noticed there is a lot of controversy with these types
of facilities going on in the state. He said most of the controversies are where they are located, and it seems if
they are in the Industrial zones, a lot of the issues go away. He mentioned he noticed in an ordinance in another
city that they required cameras at the facilities and monitoring was done by the applicant and he does not know
if it would be a plus or not. He expressed staff did a good job and he does not have any issues with how the
ordinance is being presented.
Vice Chairman Boling asked for clarity on the maximum 1 mile from the connecting utility. He said what we are
talking about is 1 mile from a substation and not the transmission line.
Deputy Director of Planning Nakamura confirmed.
Vice Chairman Boling asked about the basis for citing requirements of the 1 mile and 1000 feet, are these
numbers consistent with other sections of the development code.
Deputy Director of Planning Nakamura answered no and mentioned sometimes they may be greater than what
is required in the development code for other types of uses.
Vice Chairman Boling mentioned in Exhibit B, Section 17.109.04 Emergency Operations Plan. He asked who
the approval authority is for Emergency Operations Plan.
Fire Prevention Supervisor Adams answered it is collaborative.
Vice Chairman Boling asked if it would be Rancho Fire that would be the authority.
Fire Prevention Supervisor Adams confirmed.
Vice Chairman Boling stated with regards to fire engagement, responding and training he asked are there any
tools, chemicals, materials that are specific to battery fire responses. He said if there are specialized equipment
for materials necessary to respond and address a fire at one of these facilities does it not make sense to have
the applicant pay for those types of specialty equipment that we would not otherwise have a need to purchase
out of the district’s budget.
Fire Prevention Supervisor Adams answered that other than trying to smother it and cool it, there are no
chemicals out there to neutralize it, but they have worked with various industrial businesses in the city that have
very unique hazard associated with processes and Fire has required specific materials that businesses maintain
and set up before Fire responds.
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Final
Vice Chairman Boling clarified if it were to come up some specialized equipment or material would be
necessary, we could require, as one of the conditions of approval, the future applicant store, maintain and have
available those items for fire response if an emergency was to happen.
Fire Prevention Supervisor Adams confirmed.
Vice Chairman Boling asked if there was a need for more frequent inspections, is there an inspection fee
charged back to the applicant to cover the costs.
Fire Prevention Supervisor Adams answered that the fire district is currently on fee waivers for inspections and
have a fee waiver as part of their fee ordinance that waves inspections and operational permit costs.
Deputy Director of Planning Nakamura mentioned that inspection fees exist, and the waiver program gets
reviewed on an annual basis by the Fire Board.
Vice Chairman Boling stated regarding CEQA applicability development code amendment, what we are taking
action on tonight is exempt from CEQA. However, any future projects that may come forward may or may not
be subject to CEQA and would be considered on a case-by-case basis.
Deputy Director of Planning Nakamura confirmed.
Deputy Director of Planning Nakamura expressed her appreciation to our Stakeholders who worked with us
during this process as well as the Fire District.
Motion: Moved by Commissioner Diaz, seconded by Commissioner Dopp to adopt Resolution 24-30 to forward
recommendation to City Council to adopt proposed Ordinance. Motion carried 5-0.
E. Director Announcements
Deputy Director of Planning Nakamura mentioned we will have an Economic Development Annual Strategic
Plan Update at the next meeting.
F. Commission Announcements – None
G. Adjournment
Motion: Moved by Vice Chairman Boling, seconded by Commissioner Diaz to adjoin the meeting. Hearing no
objections, Chairman Morales adjourned the meeting at 7:50 p.m.
Respectfully submitted,
Elizabeth Thornhill, Executive Assistant
Planning and Economic Development Department
Approved: HPC/PC September 11th Meeting.
Page 197
Attachment 3
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Page 1
ORDINANCE NO. 1031
AN ORDINANCE OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL
CODE AMENDMENT TO AMEND ARTICLES III, V, AND IX
OF TITLE 17 OF THE MUNICIPAL CODE, TO ESTABLISH
STANDARDS FOR THE INSTALLATION AND USE OF
BATTERY ENERGY STORAGE FACILITY USES, AND
FINDING AN EXEMPTION FROM CEQA UNDER SECTION
15061(B)(3) OF THE CEQA GUIDELINES
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1. Recitals.
A. The City of Rancho Cucamonga (the “City”), has prepared Municipal Code
Amendment, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject
Municipal Code Amendment is referred to as “the amendment”.
B. The City is a municipal corporation, duly organized under the constitution and laws
of the State of California.
C. As shown in the Exhibits A, B, C, and D of this Ordinance, the amendment
proposes to amend Articles III, V, and IX of Title 17 of the Municipal Code to establish new
standards for the installation and use of battery energy storage facilities.
D. On the August 28, 2024, the Planning Commission of the City of Rancho
Cucamonga conducted a noticed public hearing with respect to the amendment and, following the
conclusion thereof, adopted Resolution No. 24-30 recommending that the City Council of the City
of Rancho Cucamonga adopt said amendment.
E. On October 2, 2024, the City Council of the City of Rancho Cucamonga conducted
a noticed public hearing on the amendment and concluded said hearing on that date.
F. All legal prerequisites to the adoption of this Ordinance have occurred.
SECTION 2. Findings. Based upon the substantial evidence presented to this Council
during the above-referenced public hearing, this Council hereby finds and concludes that the
changes proposed to Title 17 (Development Code) in the amendment are consistent with the
Development Code and the General Plan’s goals, policies and implementation programs.
Pursuant to Section 17.22.040(C) of the Municipal Code, amendments to the Municipal Code
“may be approved only when the City Council finds that the amendment[s] are consistent with the
General Plan goals, policies, and implementation programs.” The proposed amendment is
consistent with the following General Plan goals and policies:
•Goal RC-5 Local Air Quality. Healthy air quality for all residents.
•Policy RC-5.10 Clean and Green Industry. Prioritize non-polluting industries and
companies using zero or low air pollution technologies.
•Goal RC-6 Climate Change. A resilient community that reduces its contributions to a
changing climate and is prepared for the health and safety risks of climate change.
Ordinance No. 1031 – Page 1 of 11 ATTACHMENT 4
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Page 2
•Policy RC-6.2 Renewable Energy. Encourage renewable energy installations and
facilitate green technology and business.
•Goal RC-7 Energy. An energy efficient community that relies primarily on renewable
and non-polluting energy sources.
SECTION 3. CEQA. The proposed amendment is exempt from the requirements of the
California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines pursuant to
CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the proposed amendment, establishing standards for the installation and use of
energy storage facilities, will have a significant effect on the environment. The proposed
amendment is an administrative process of the City that will not result in direct or indirect physical
changes in the environment. The City Council has reviewed the administrative record concerning
the proposed amendment and the proposed CEQA determination, and based on its own
independent judgment, finds that the amendment set forth in this Ordinance is not subject to, or
exempt from, the requirements of the CEQA and the State CEQA Guidelines pursuant to CEQA
Section 21080.17 and CEQA Guidelines Section 15061(b)(3).
SECTION 4. The City Council hereby amends Section 17.22.020 (Master Plan) of Chapter
17.22 (City Council Decisions) to Article II (Land Use and Development Procedures) of Title 17
(Development Code) of the Rancho Cucamonga Municipal Code to add the following master plan
requirements as shown in Exhibit A of this Ordinance, attached hereto and incorporated herein
by this reference: master plan requirement.
SECTION 5. The City Council hereby amends Table 17.30.030-1 (Allowed Land Uses
and Permit Requirements by Base Zone) of Chapter 17.30 (Allowed Land Use by Base Zone) to
Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development Code) of
the Rancho Cucamonga Municipal Code to add the following defined land use and permit
requirements by zone as shown in Exhibit B of this Ordinance, attached hereto and incorporated
herein by this reference: Battery Energy Storage Facility.
SECTION 6. The City Council hereby amends Section 17.32.020.H (Allowed Use
Descriptions) of Chapter 17.32 (Allowed Use Descriptions) to Article III (Zones, Allowed Uses,
and Development Standards) of Title 17 (Development Code) of the Rancho Cucamonga
Municipal Code to add the following defined land use description in alphabetical order as shown
in Exhibit C of this Ordinance, attached hereto and incorporated herein by this reference: Battery
Energy Storage Facility.
SECTION 7. The City Council hereby adds a new Chapter 17.109 entitled “Battery Energy
Storage Facilities” to Article V (Specific Use Requirements) of Title 17 (Development Code) of the
Rancho Cucamonga Municipal Code to read as shown in Exhibit D of this Ordinance, attached
hereto and incorporated herein by this reference.
SECTION 8. The City Council hereby amends Section 17.140.020 (Universal Definitions)
of Chapter 17.140 (Universal Definitions) of Article IX (Glossary) of Title 17 (Development Code)
to add the following defined terms in alphabetical order to read as shown in Exhibit E of this
Ordinance, attached hereto and incorporated herein by this reference: battery; battery
management system; and battery energy storage system.
SECTION 9. Severability. The City Council declares that, should any section, subsection,
subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such
Ordinance No. 1031 – Page 2 of 11
Page 201
Page 3
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance, and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 10. Enforcement. Neither the adoption of this Ordinance nor the repeal of
any other Ordinance of this City shall in any manner affect the prosecution for violations of
ordinances, which violations were committed prior to the effective date hereof, nor be construed
as a waiver of any penalty or the penal provisions applicable to any violation thereof.
SECTION 11. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this day of , 2024.
Dennis Michael
Mayor
I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify
that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Rancho Cucamonga held on the day of , 2024, and was finally passed
at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of
, 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ATTEST:
City Clerk
Ordinance No. 1031 – Page 3 of 11
Page 202
Page 4
EXHIBIT A
Amendments to Title 17, Article II (Land Use and Development Procedures), Chapter
17.22 (City Council Decisions)
Section to which requirements shall be added:
•Section 17.22.020 (Master Plan)
The following requirements shall be added to Section 17.22.020.C (Master Plan
Requirements) as new subsection 4
Pursuant to section 17.14.060 and other provisions of this title, a master plan is required for Battery
Energy Storage Facilities on sites 10 acres or greater in size.
The purpose of the master plan for such facilities is to ensure that the development does not
impose significant burdens on city services and nearby properties, as well as to ensure that the
development has adequate public services and infrastructure to accommodate the expected
use. In addition, the master planning process is expected to ensure that the proposed battery
energy storage facility provides community benefits that may not otherwise be provided through
strict application of the provisions of this title.
Ordinance No. 1031 – Page 4 of 11
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Page 5
EXHIBIT B
Amendments to Title 17, Article III (Zones, Allowed Uses, and Development Standards),
Chapter 17.30 (Allowed Land Use by Base Zone)
Table to which land use shall be added:
•Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone)
The following land use shall be added to Table 17.30.030-1 under the subheading of
“Industrial, Manufacturing and Processing Uses” in alphabetical order to be conditionally
permitted (C) in the Neo Industrial (NI) and Industrial Employment (IE) zones and not
permitted (N) in all other zones:
Battery Energy Storage Facility
Ordinance No. 1031 – Page 5 of 11
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Page 6
EXHIBIT C
Amendments to Title 17, Article III (Zones, Allowed Uses, and Development Standards),
Chapter 17.32 (Allowed Use Descriptions)
Section to which land use shall be added:
•Section 17.32.020.H (Allowed Use Descriptions)
The following definition shall be added to Section 17.32.020.H (Allowed Use Descriptions)
in alphabetical order:
Battery Energy Storage Facility. Utility-scale stationary batteries that are connected to
distribution/transmission networks or power-generation assets. Utility-scale facilities are intended
primarily to interact with the electric grid and are not intended to serve a specific end user. Utility-
scale facilities increase flexibility in power systems, provide grid reliability support and enable an
optimal use of variable electricity sources like photovoltaic and wind.
Ordinance No. 1031 – Page 6 of 11
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Page 7
EXHIBIT D
Amendments to Title 17, Article V (Specific Use Requirements)
Added Chapter:
•Chapter 17.109 (Battery Energy Storage Facilities)
Chapter 17.109 (Battery Energy Storage Facilities)
Chapter 17.109 BATTERY ENERGY STORAGE FACILITIES
17.109.010 Purpose and intent.
17.109.020 Applicability.
17.109.030 Development standards.
17.109.040 Emergency operations plan.
17.109.050 Decommissioning plan.
17.109.060 Change of ownership.
17.109.070 Abandonment.
17.109.010 Purpose and intent.
The purpose of this chapter is to establish standards for the installation and use of battery energy
storage facilities. The standards set forth herein are intended to protect the health, welfare, safety,
and quality of life for the general public, to ensure compatible land uses in the areas affected by
battery energy storage facilities and to mitigate the impacts of battery energy storage facilities on
the environment.
17.109.020 Applicability.
The requirements of this chapter shall apply to all utility-scale battery energy storage facilities
permitted, installed, or modified after the effective date of this chapter, excluding general
maintenance and repair. Utility-scale battery energy storage facilities constructed or installed prior
to the effective date of this chapter shall not be required to meet the requirements of this chapter.
Modifications to, retrofits, or replacements of an existing battery energy storage facility that
increases the total battery energy storage system designed discharge duration or power rating
shall be subject to this chapter. All proposed battery energy storage facility sites within existing
properties owned by the Southern California Edison Company and the Rancho Cucamonga
Municipal Utility shall be exempt from the requirements of this chapter.
17.109.030 Development standards.
A.Location Requirements. Siting battery energy storage facilities shall comply with the following
locations:
1.Neo-Industrial (NI) or Industrial Employment (IE) Zones with the issuance of a Conditional
Use Permit as shown in Table 17.30.030-1.
Ordinance No. 1031 – Page 7 of 11
Page 206
Page 8
2.Maximum 1 mile from the connecting utility as measured from the nearest point of each
parcel boundary.
3.Minimum 1,000 feet from residentially zoned properties as measured from the nearest
point of each parcel boundary.
B.Maximum Lot Size. Ten acres net. Sites ten acres or greater will require a Master Plan application
subject to the approval of City Council as outlined in Section 17.22.020 (Master Plan).
C.Setbacks. Battery energy storage facilities shall maintain at least a 10-foot setback from all
property lot lines.
D.Screening.
1.The site for a battery energy storage facility shall be fully enclosed by a minimum six-foot,
non-scalable solid wall. The walls shall consist of either decorative concrete masonry
block or decorative concrete tilt-up walls.
2.Landscaping is required along the outer edge of the solid wall. See chapter 17.56
(Landscaping Standards) for landscaping standards.
E.Hardscape. All driveways and pathways between battery energy storage system structures,
and any other associated pad-mounted structures, shall contain pervious pavement or similar
material (e.g., gravel).
F.Lighting. Onsite lighting shall be limited to the minimally required amount for safety and
operational purposes. See chapter 17.58 (Outdoor Lighting Standards) for lighting standards.
G.Parking and Access. Parking and access for battery energy storage facilities shall be provided
as follows:
1.Battery energy storage facilities shall provide a minimum of one parking space for
maintenance vehicles.
2.The site for a battery energy storage facility shall provide access for a maintenance
vehicle. The access shall comply with the dimensional standards in chapter 17.64 (Parking
and Loading Standards).
3.The driveway entrance shall have a locking gate. The gate shall be tubular steel wrought
iron and shall be backed by perforated metal sheeting painted to match the gate.
H.Noise.
1.Battery energy storage facilities are subject to the noise standards as outlined in Section
17.66.050 (Noise Standards). Applicants shall submit equipment and component
manufacturer’s noise ratings to demonstrate compliance.
2.At the discretion of the planning director, a separate noise study may be required.
I.Signage.
Ordinance No. 1031 – Page 8 of 11
Page 207
Page 9
1.All signage shall be in compliance with the American National Standards Institute (ANSI)
Z535 and include the type of technology associated with the battery energy storage
systems, any special hazards associated, the type of suppression system installed in the
area of battery energy storage systems, and 24-hour emergency contact information.
2.As required by the National Electric Code (NEC), disconnect and other emergency shutoff
information shall be clearly displayed on a light reflective surface. A clearly visible warning
sign concerning voltage shall be placed at the base of all pad-mounted transformers and
substations.
J. Building and Construction codes. Battery energy storage facilities shall comply with all
applicable standards of the Building and Construction Regulations of the City of Rancho
Cucamonga and the adopted Fire Code. See title 15 (Buildings and Construction).
K. Utility Undergrounding. Utilities shall be undergrounded unless prohibited by Southern
California Edison or the Rancho Cucamonga Municipal Utility. Such prohibition of
undergrounding utilities shall be provided in writing to the planning director.
17.109.040 Emergency operations plan.
All applications shall include an emergency operations plan. A copy of the approved emergency
operations plan shall be given to the system owner, the fire marshal, and the Rancho Cucamonga
Fire District. A permanent copy shall also be placed in an approved location to be accessible to
facility personnel, fire officials, and emergency responders. The emergency operations plan shall
include the following information:
A.Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under
emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for
safe start-up following cessation of emergency conditions.
B.Procedures for inspection and testing of associated alarms, interlocks, and controls.
C.Procedures to be followed in response to notifications from the battery management system,
when provided, that could signify potentially dangerous conditions, including shutting down
equipment, summoning service and repair personnel, and providing agreed upon notification
to emergency personnel for potentially hazardous conditions in the event of a system failure.
D.Emergency procedures to be followed in case of fire, explosions, release of liquids or vapors,
damage to critical moving parts, or other potentially dangerous conditions. Procedures may
include sounding the alarm, notifying the fire district, evacuating personnel, de-energizing
equipment, and controlling and extinguishing the fire.
E.Procedures for dealing with battery energy storage facility equipment damaged in a fire or
other emergency event, including maintaining contact information for personnel qualified to
safely remove damaged battery energy storage system equipment from the facility.
F.Other procedures as determined necessary by city officials to provide for the safety of
neighboring properties and emergency responders.
G.Procedures and schedules for conducting drills of these procedures and for training local first
responders on the contents of the plan and appropriate response procedures.
Ordinance No. 1031 – Page 9 of 11
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Page 10
17.109.050 Decommissioning plan.
All applications shall include a decommissioning plan. The decommissioning plan shall include
the following:
A.A narrative description of the activities to be accomplished, including who will perform that
activity and at what point in time, for complete physical removal of all battery energy storage
facility components, structures, equipment, security barriers, and transmission lines from the
site.
B.Disposal of all solid and hazardous waste in accordance with local, state, and federal waste
disposal regulations.
C.The anticipated life of the battery energy storage facility.
D.The estimated decommissioning costs and how the estimate was determined.
E.The method of ensuring that funds will be available for decommissioning and restoration.
F.The manner in which the site will be restored, including a description of how any changes to
the surrounding areas and other systems adjacent to the battery energy storage facility, such
as structural elements, means of egress, and required fire detection suppression systems, will
be protected during decommissioning and confirmed as being acceptable after the facility is
removed.
G.A listing of any contingencies for removing an intact operational battery energy storage system
unit(s) from service, and for removing a battery energy storage system(s) unit from service
that has been damaged by a fire or other event.
H.The owner and/or operator of the battery energy storage facility shall implement the
decommissioning plan upon abandonment and/or in conjunction with removal of the facility.
I.The owner and/or operator of the battery energy storage facility shall continuously maintain a
fund payable to the city, in a form and amount approved by the city for the removal of the
battery energy storage facility, for the period of the life of the facility. All costs shall be borne
by the applicant.
17.109.060 Change of ownership or operator.
A new owner or operator of a battery energy storage facility shall notify the planning department
of such change in ownership or operator within 30 days of the ownership or operator change.
17.109.070 Abandonment.
The battery energy storage facility shall be considered abandoned when it ceases to operate for
more than one year. If the owner and/or operator fails to comply with the decommissioning plan
under section 17.109.050 upon abandonment, the city may, at its discretion, enter the property
and utilize the available bond and/or security for the removal of a battery energy storage facility
and restoration of the site in accordance with the decommissioning plan.
Ordinance No. 1031 – Page 10 of 11
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Page 11
EXHIBIT E
Amendments to Title 17, Article IX (Glossary), Chapter 17.140 (Universal Definitions)
Sections to which definitions shall be added:
•Section 17.140.020 (Universal Definitions)
The following definitions shall be added to Section 17.140.020 (Universal Definitions) in
alphabetical order:
“Battery” means a single cell, stack, core building block, or a group of cells connected electrically
in series, in parallel, or a combination of both, which can charge, discharge, and store energy
electrochemically. Batteries utilized in consumer products are excluded from these requirements.
“Battery management system” means an electronic system that prevents storage batteries from
operating outside their safe operating parameters and disconnects electrical power to the battery
energy storage system or places it in a safe condition if potentially hazardous temperatures or
other conditions are detected. The battery management system generates an alarm and trouble
signal for abnormal conditions.
“Battery energy storage system” means a system consisting of electrochemical storage batteries,
battery chargers, controls, power conditioning systems, and associated electrical equipment,
assembled together, capable of storing energy in order to supply electrical energy at a future time,
not to include a stand-alone 12-volt car battery or an electric motor vehicle.
Ordinance No. 1031 – Page 11 of 11
Page 210
CESA | 808 R Street, #209, Sacramento, CA 95811 | 916.231.2150 | www.storagealliance.org
October 2, 2024
Mayor and Members of the City Council
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
RE: Item G1. Public Hearing for Consideration of First Reading of Ordinance No. 1031,
Related to Battery Energy Storage Systems
Dear Mayor Dennis Michael and City Council Members:
On behalf of the California Energy Storage Alliance (CESA), I write regarding Ordinance No.
1031 related to Battery Energy Storage Systems (BESS) in the City of Rancho Cucamonga.
CESA is a 501(c)(6) membership-based advocacy group committed to advancing the role of
energy storage in the electric power sector. We strive to advance a more affordable, efficient,
reliable, safe, and sustainable electric power system for all Californians. CESA supports safety
measures for BESS to protect public safety. We appreciate the city’s review and update of their
code to include BESS as an approved use with a conditional use permit, and we offer the
following comments.
BESS is a crucial piece of the energy mix for California and local jurisdictions to meet their
electric reliability and decarbonization goals. The thousands of megawatts (MW) of energy
storage deployed since 2020 have played a critical role in preventing g rid emergencies, despite
the intensity of the recent heat wave.1 However, much more energy storage is needed.
Thousands of additional MW of BESS will be necessary in the next few years to meet load
growth from electric vehicles and data centers at the same time we must retire the state’s
remaining nuclear and once through-cooling gas-fired power plants.
We support the city’s efforts to update their code to include BESS and the city’s larger policy
objectives included in land use policy RC-7, to promote an energy efficient community that relies
primarily on renewable and nonpolluting energy sources. BESS will play a critical role to helping
the city achieve its climate and energy goals, including the electrification of the transportation
sector and buildings. Additionally, the Governor’s Office estimates the state will need 52,000
MW of energy storage by 2045 to accomplish our greenhouse gas mitigation goals. Attaining
these goals, which will help mitigate the negative impact of fires, droughts, and floods du e to
climate change, depends on the aggressive deployment of BESS to store renewable energy for
use when customers need it.
However, we do have concerns with the proposed zoning and location requirements, specifically
the proposed 1,000 ft set-back from residentially zoned properties. Any set-back requirement
should be based on codes and standards, or specific analysis related to impacts on adjacent
land uses. CESA recommends that BESS setback requirements comply with the National Fire
Protection Association (NFPA) 855 requirements specific to setbacks and buffers. NFPA 855
includes specifications for setbacks and buffering between the energy storage system and
property lines, buildings, and other potential exposures. These distances are determined based
1 Storrow, Benjamin. “What Heatwave? Batteries Keep the Lights on in California.” E&E News. September 10, 2024.
https://www.eenews.net/articles/what-heat-wave-batteries-keep-the-lights-on-in california-2/
10/2/2024 REGULAR CCM - ITEM G1 - ADDITIONAL CORRESPONDENCE
CESA | 808 R Street, #209, Sacramento, CA 95811 | 916.231.2150 | www.storagealliance.org
on type and size of the energy storage system, its energy capacity, and the surrounding
environment. NFPA 855 is the safety standard, developed by firefighters, fire protection
professionals, and safety experts, that provides comprehensive requirements and guidance on
the design, installation, and operation of energy storage facilities for all site and community
contexts. We support promoting consistent standards based on codes developed by safety
experts.
Furthermore, we request that the language used in the zoning and location requirements related
to the maximum separation from a “power generation site” be clarified to state “substation .” A
“power generation source” has other meanings among electricity sector professionals. We
respectfully request that the ordinance be clarified to be specific to the intended purpose of
creating a maximum separation distance from a BESS facility to the point of interconnection at
the substation.
We thank you for the opportunity to provide comments on the proposed ordinance. CESA would
like to be a resource to the city for any additional information you may need related to energy
storage. If you have any questions, please feel free to contact me at scott@storagealliance.org.
Sincerely,
Scott Murtishaw
Executive Director, CESA
Battery Energy Storage Facilities Ordinance
City Council
October 2, 2024
Overview
Battery Energy Storage Facility
•Stores energy for later use
•Excess energy from a powerplant and/or power grid
Code Amendment
•Update Chapter 17.22 (City Council Decisions)
•Update Chapter 17.30 (Allowed Land Use Regulations
and Permit Requirements)
•Update Chapter 17.32 (Land Use Definitions)
•Add New Chapter 17.109 (Specific Use Requirements)
•Update Chapter 17.140 (Universal Definitions)
Foothill Blvd
Arrow Route
Fourth Street
Et
i
w
a
n
d
a
A
v
e
SCE
Substation
1 Mile max
separation
from
substation
Residential
zone
approx.
3400 feet
from site.
Foothill Blvd
Arrow Route
Et
i
w
a
n
d
a
A
v
e
SCE
Substation
1,000 feet
min.
separation
from
residential
zones
City Council Goals
•Goal RC-5 Local Air Quality. Healthy air quality
for all residents.
•Goal RC-6 Climate Change. A resilient
community that reduces its contributions to a
changing climate and is prepared for the
health and safety risks of climate change.
•Goal RC-7 Energy. An energy efficient
community that relies primarily on renewable
and non-polluting energy sources.
Ordinance Revision
•Revise language from “power generation site”
to “substation”
•In response to letter sent to Staff and Council
Recommendation
•Planning Commission and Staff recommend the City
Council conduct first reading of Ordinance No. 1031
to be read by title only and waive further reading, to
amend Title 17 to establish Battery Energy Storage
Facilities as a conditionally permitted land use and
establish development and operational standards for
these facilities.
•To revise language in ordinance from “power generating
station” to “substation”.
DATE:October 2, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Julie A. Sowles, Deputy City Manager of Civic and Cultural Services
Linda A. Troyan, MMC, City Clerk Services Director
Patricia Bravo-Valdez, MMC, Deputy Director of City Clerk Services
SUBJECT:Public Hearing for Consideration of a Resolution Adopting By Reference
the Standard Conflict of Interest Provisions of California Code of
Regulations Title 2, Section 18730 and Approving an Amended Appendix
I, to Account for the Addition, Deletion and Modification of Positions Listed
as "Designated Positions". (RESOLUTION NO. 2024-101) (CITY)
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution approving an amended Conflict of
Interest Code, Appendix I, to account for the addition, deletion, and modification of positions listed
as “designated positions”.
BACKGROUND:
Under the Political Reform Act, all public agencies are required to adopt a Conflict of Interest
Code that identifies all officials and employees within the agency who make governmental
decisions or participate in making decisions based on the positions they hold. The individuals in
the designed positions must disclose their financial interests in investments, interests in real
property, sources of income and business positions that may affect in their decision-making on a
form called Statement of Economic Interests (Form 700).
To ensure the code remains current and accurate, cities are required to review their Conflict of
Interest Code in even-numbered years. The City of Rancho Cucamonga previously adopted
Regulation 18730 (referred to as the model or standard code by the Fair Political Practices
Commission) by reference and, as such, the terms of the code (Exhibit A to the Resolution) is up
to date.
At the June 19, 2024 City Council meeting, city staff was directed to proceed with the biennial
review of the Conflict of Interest Code.
ANALYSIS:
It is essential and legally required that an agency’s Conflict of Interest Code reflect the current
structure of the agency and properly identifies all officials and employees who should be filing a
Statement of Economic Interests, Form 700.
Due to various changes in job classifications titles, job responsibilities and the deletion and
addition of positions in several departments, it is necessary to amend the code to reflect these
revisions in the list of designated positions, (Appendix I). Appendix II also includes disclosure
requirements for designated consultants.
Page 211
2
5
5
6
Public notification was achieved by posting of the agenda and public hearing notice, publication
of the hearing notice in the newspaper and notification to the proposed designated positions.
FISCAL IMPACT:
None.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
The Conflict of Interest Code update helps advance and ensure adherence to State reporting
requirements by City employees therefore anticipating and planning for the future.
ATTACHMENTS:
Attachment – 1 City Council Resolution No. 2024-101
Exhibit “A” – Terms of the Code
Appendix “I” – List of Designated Positions
Appendix “II” – Detailed Disclosure Categories
Page 212
Resolution No. 2024-XXX
RESOLUTION NO. 2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING BY REFERENCE THE
STANDARD CONFLICT OF INTEREST PROVISIONS OF
CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 18730
AND APPROVING AN AMENDED APPENDIX I, TO ACCOUNT FOR
THE ADDITION, DELETION AND MODIFICATION OF POSITIONS
LISTED AS “DESIGNATED POSITIONS”
WHEREAS, pursuant to the requirements of the California Political Reform Act (the “Act”),
Section 81000 of the California Government Code, all local governmental agencies must adopt
Conflict of Interest Codes applicable to every officer, employee, member or consultant of the agency
whose position entails the making or participating in the making of decisions that may foreseeably
have a material financial effect on any financial interest, and which code requires such designated
employees to disclose and disqualify themselves from making, participating in, or attempting to
influence such decisions; and
WHEREAS, the City has previously adopted the terms of California Code of Regulations
Title 2, Section 18730, the Conflict of Interest Code terms promulgated by the Fair Political Practices
Commission (“FPPC”) by City of Rancho Cucamonga Resolution No. 2022-127; and
WHEREAS, the City Council of the City of Rancho Cucamonga, as the Code Reviewing
body under the Act, adopts, affirms and incorporates by reference the standard Conflict of Interest
Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it
duly adopted by the FPPC; and
WHEREAS, the standard Conflict of Interest Code set forth in California Code of
Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC, along with
Appendix “I”, amending the list of designated officials and including establishment of certain
positions, and Appendix “II” setting forth amended disclosure categories, does constitute the
Conflict of Interest Code of the City of Rancho Cucamonga; and
WHEREAS, subsequent changed circumstances within the City have made it advisable and
necessary pursuant to Section 87306 and 87307 of the Act to amend and update the City’s Conflict
of Interest Code; and
WHEREAS, notice of the time and place of a public meeting on, and consideration by the
City Council of, the proposed amended Conflict of Interest Code was provided to each designated
position; and
WHEREAS, a public meeting was held upon the proposed amended Conflict of Interest
Code at a regular meeting of the City Council on October 2, 2024, at which all present were given
an opportunity to be heard on the proposed amended Conflict of Interest Code;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga, California, as follows:
1.The standard Conflict of Interest Code set forth in California Code of Regulations
Title 2, Section 18730 and any amendments to it duly adopted by the FPPC is hereby
incorporated by reference.
ATTACHMENT 1
Page 213
Resolution No. 2024-XXX
2.The amended list of designated positions subject to the requirements of the Conflict
of Interest Code are set forth in Appendix I and the disclosure categories are set
forth in Appendix II.
3.The standard Conflict of Interest Code set forth in California Code of Regulations
Title 2, Section 18730 and any amendments to it duly adopted by the FPPC and the
Appendices I and II constitute the Conflict of Interest Code for the City of Rancho
Cucamonga.
4.The City Council of the City of Rancho Cucamonga does hereby adopt the attached
Conflict of Interest Code (Exhibit A) and Appendix I and II.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho
Cucamonga at its regular meeting held on the 2nd day of October 2024.
L. Dennis Michael, Mayor
ATTEST:
______________________________________
Janice C. Reynolds, City Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted
by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City
Council held on the 2nd day of October 2024.
Executed this 3rd day of October 2024, at Rancho Cucamonga, California.
ATTEST:
______________________________________
Janice C. Reynolds, City Clerk
Page 214
Resolution No. 2024-XXX
EXHIBIT “A”
CITY OF RANCHO CUCAMONGA
CONFLICT OF INTEREST CODE
The Political Reform Act (Government Code Section 81000, et seq.) requires state and
local government agencies to adopt and promulgate conflict of interest codes. The Fair
Political Practices Commission has adopted a Regulation (California Code of Regulations,
Title 2, Section 18730) that contains the terms of a standard conflict of interest code, which
can be incorporated by reference in an agency’s code. After public notice and hearing, the
standard code may be amended by the Fair Political Practices Commission to conform to
amendments in the Political Reform Act. Therefore, the terms of California Code
of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the
Fair Political Practices Commission are hereby incorporated by reference. This regulation
and the attached Appendices, designating positions and establishing disclosure
categories, shall constitute the Conflict of Interest Code of the City of Rancho Cucamonga.
Individuals holding designated positions shall file their statements of economic interests
with the City Clerk of the City of Rancho Cucamonga, which will make the statements
available for public inspection and reproduction (Gov. Code Sec. 81008). All statements
will be retained by the City Clerk.
Page 215
Resolution No. 2024-XXX
APPENDIX “I”
DESIGNATED POSITIONS
Disclosure
Designated Position Categories
Animal Care and Services Director 2, 3, 4, 5
Animal Center Manager 2, 3, 4, 5
Assistant City Manager 2, 3, 4, 5
Assistant Engineer 2, 5, 6,7
Assistant Planner 2, 5, 6, 7
Assistant to the City Manager 2, 3, 4, 5
Associate Engineer 2, 5, 6, 7
Associate Planner 2, 5, 6, 7
Building and Safety Services Director 2, 5, 6, 7
Building and Safety Manager 2, 5, 6, 7
Building Inspection Supervisor 2, 5, 6, 7
Chief Information Security Officer (CISO) 2, 5, 13, 14
City Attorney* 1
City Clerk Services Director 2, 3, 4, 5
City Council Member* 1
City Engineer 2, 5, 6, 7
City Manager* 1
City Planner/Planning Manager 2, 5, 6, 7
City Treasurer * 1
CIO/Director of Department of Innovation and Technology 2, 5, 13, 14
Community Affairs Manager 2, 3, 4, 5, 8, 9
Community Affairs Officer 2, 3, 4, 5, 8, 9
Community Affairs Senior Coordinator 2, 3, 4, 5, 8, 9
Community Improvement Manager 2, 3, 4, 5, 6, 7
Community Improvement Supervisor 2, 5, 6, 7
Community Parks and Landscape Citizens’ Oversight Committee Member 2, 3 , 4 , 5
Cultural Center Manager 2, 5, 8, 9
Community Services Director 2, 5, 8, 9
Community Services Manager 2, 5, 8, 9
Community Services Superintendent 2, 5, 8, 9
Consultant 10
Consultant: Special Counsel 10
Deputy City Engineer 2, 5, 6, 7
Deputy City Manager/Administrative Services 2, 3, 4, 5
Deputy City Manager/Civic & Cultural Services 2, 3, 4, 5
Deputy City Manager/Economic & Community Development Services 2, 3, 4, 5
Deputy Director of Animal Care and Services 2, 3, 4, 5
Deputy Director of Building and Safety 2, 5, 6, 7
Deputy Director of City Clerk Services 2, 3, 4, 5
Deputy Director of Community Services 2, 5, 8, 9
Deputy Director of Engineering Services 2, 5, 6, 7
Deputy Director of Engineering Services/Assistant City Engineer 2, 5, 6, 7
Deputy Director of Engineering Services/Utility Manager Utilities and Environmental 2, 5, 6, 7
Deputy Director of Finance 2, 5, 11, 12
Deputy Director of Human Resources 2, 5, 13, 14
Deputy Director of Innovation and Technology 2, 5, 13, 14
Deputy Director of Library Services 2, 5, 15, 16
Deputy Director of Planning 2, 5, 6, 7
Deputy Director of Public Works Services 2, 5, 17, 18
Page 216
Resolution No. 2024-XXX
APPENDIX “I” CONTINUED
DESIGNATED POSITIONS
Disclosure
Designated Position Categories
Director of Planning and Economic Development 2, 5, 6, 7
Economic Development Director 2, 3, 4, 5
Economic Development Manager 2, 3, 4, 5
Engineering Services Director/City Engineer 2, 5, 6, 7
Environmental Programs Coordinator 2, 5, 6, 7
Environmental Programs Manager 2, 5, 6, 7
Facilities Superintendent 2, 5, 17, 18
Finance Director 2, 5, 11, 12
Finance Manager 2, 5, 11, 12
Fund Development Coordinator 2, 5, 8, 9, 15, 16
GIS Supervisor 2, 5, 13, 14
Historic Preservation Commissioner 2, 5, 6, 7
Human Resources Director 2, 5, 13, 14
Information Technology Operations Supervisor 2, 5, 13, 14
Innovation and Technology Director 2, 5, 13, 14
Library Board of Trustees Member 2, 5, 15, 16
Library Director 2, 5, 15, 16
Library Services Manager 2, 5, 15, 16
Management Analyst I (Building and Safety) 2, 5, 6, 7
Management Analyst II (Revenue Management) 2, 3, 4, 5
Management Analyst III 2, 3, 4, 5
Mayor* 1
Park and Recreation Commissioner 2, 5, 8, 9
Parks/Landscape Maintenance Superintendent 2, 5, 17, 18
Planning Commissioner 1
Planning Director 2, 5, 6, 7
Planning Manager 2, 5, 6, 7
Principal Accountant 2, 5, 11, 12
Principal Civil Engineer 2, 5, 6, 7
Principal Civil Engineer/Assistant City Engineer 2, 5, 6, 7
Principal Librarian 2, 5, 15, 16
Principal Management Analyst 2, 3, 4, 5
Principal Planner 2, 5, 6, 7
Procurement and Contracts Analyst 2, 5, 13, 14
Procurement Manager 2, 5, 13, 14
Public Art Committee Member 2, 3, 4, 5
Public Works Services Director 2, 5, 17, 18
Revenue Manager 2, 5, 11, 12
Risk Management Coordinator 2, 5, 13, 14
Senior Civil Engineer 2, 5, 6, 7
Senior Human Resources Business Partner 2, 5, 13, 14
Senior Information Technology Analyst Services Analyst 2, 5, 13, 14
Senior Information Technology Analyst 2, 5, 13, 14
Senior Landscape Park Planner – Community Services Department (Planning Dept) 2, 5, 6, 7 8, 9
Senior Planner 2, 5, 6, 7
Senior Risk Management Analyst 2, 5, 13, 14
Street/Storm Drain Maintenance Superintendent 2, 5, 17, 18
Traffic Engineer 2, 5, 6, 7
Utility Operations Project Manager 2, 5, 6, 7
*California Government Code 87200 Code Filers
Page 217
Resolution No. 2024-XXX
APPENDIX “II”
DISCLOSURE CATEGORIES
1. Disclosure is required on FPPC Form 700 pursuant to Government Code Section
87200. No additional disclosure is required by this Conflict of Interest Code.
2. Reportable interest in Real Property in the jurisdiction. (FPPC Form 700, Schedule
B).
3. Reportable Income, Loans and Business Positions (income other than gifts and
travel payments). (FPPC Form 700, Schedule C).
4. Reportable Investments. (FPPC Form 700, Schedule A-1 and A2).
5. Reportable Income – Gifts – Travel Payments. (FPPC Form 700, Schedule D and
E).
6. Reportable income, loans and business positions from persons and business
entities having an interest in real property in the jurisdiction or that provide, plan to
provide, or have provided within two years prior to the time a statement is required
under this conflict of interest code, services within the jurisdiction subject to the
inspection, review or approval of the Planning, Building & Safety, and Engineering
Departments. (FPPC Form 700, Schedule C).
7. Reportable investments in any business entities having an interest in real property
in the jurisdiction or that provide, plan to provide, or have provided within two years
prior to the time a statement is required under this conflict of interest code, services
within the jurisdiction subject to the inspection, approval or review of the Planning,
Building & Safety, and Engineering Departments. (FPPC From 700, Schedules A-1
and A-2).
8. Reportable income, loans and business positions from persons and business
entities from which the City purchases, plans to purchase, or has purchased within
two years prior to the time a statement is required under this conflict of interest code,
supplies, materials, or services subject to the direction, supervision or control of the
Community Services Department. (FPPC Form 700, Schedule C).
9. Reportable investments in business entities from which the City purchases, plans to
purchase, or has purchased within two years prior to the time a statement is required
under this conflict of interest code, supplies, materials, or services subject to the
direction, supervision or control of the Community Services Department (FPPC
Form 700, Schedules A-1 and A-2).
Page 218
Resolution No. 2024-XXX
10. Designated Consultants 1 Disclosure Requirements
Consultants who make (not just
recommend) governmental
decisions, such as whether to
approve a rate, rule, or regulation,
whether to issue, deny, suspend, or
revoke any permit, license,
application, certificate or similar
authorization, adopt or grant City
approval to a plan, design, report,
study, or adopt or grant City
approval of policies, standards, or
guidelines for the City or any
subdivision thereof.
All reportable interests in real
property in the jurisdiction;
reportable income and business
positions; reportable investments;
and reportable gifts, unless the
City Manager determines in
writing that a particular consultant
is hired to perform a range of
duties that is limited in scope and
thus is not required to fully comply
with the disclosure requirements
described in the section.2
Consultants who serve in a
staff capacity with the City, and
in that capacity participate in
making a governmental decision
by providing information, an
opinion, or a recommendation for
the purpose of affecting the
decision without significant
intervening substantive review.
Disclosure required at the same
level as a comparable designated
position in the same or similar
City Department identified
elsewhere in this Code.
Consultants who perform the
same or substantially all the
same duties for the City that
would otherwise be performed by
an individual holding a designated
position in the City’s Conflict of
Interest Code.
Disclosure required at the same
level as the comparable
designated position identified
elsewhere in this Code.
Not all outside contractors meet the consultant definition in FPPC Regulation
18700.3, as described above. Form 805, Agency Report of Consultants, will be
used by the Department Director to determine disclosure requirements.
1 When the consultant is a corporation or partnership, only individuals who fit into one of the three
categories of “Designated Consultants” must file disclosure statements.
2 If the City Manager determines in writing that a particular consultant is not required to fully comply with
the requisite disclosure requirements, then such written determination shall include a description of the
consultant's duties and, based upon that description, a statement of the extent of disclosure
requirements. The City Manager’s determination is a public record and shall be retained for public
inspection in the same manner and location as this Conflict of Interest Code.
Page 219
Resolution No. 2024-XXX
11. Reportable income, loans and business positions from any financial institution in
which the City deposits funds, plans to deposit funds, or has deposited funds within
two years prior to the time any statement is required under this conflict of interest
code. (FPPC Form 700, Schedule C)
12. Reportable investments in any financial institution in which the City deposits funds,
plans to deposit funds, or has deposited funds within two years prior to the time
any statement is required under this conflict of interest code (FPPC Form 700,
Schedules A-1 and A-2)
13. Reportable income, loans and business positions from persons and business
entities from which the City purchases, plans to purchase, or has purchased within
two years prior to the time a statement is required under this conflict of interest
code, supplies, materials, or services subject to the direction, supervision or control
of the Administrative Services Group of departments. (FPPC Form 700, Schedule
C)
14. Reportable investments in business entities from which the City purchases, plans
to purchase, or has purchased within two years prior to the time a statement is
required under this conflict of interest code, supplies, materials, or services subject
to the direction, supervision or control of the Administrative Services Group of
departments. (FPPC Form 700, Schedules A-1 and A-2)
15. Reportable income, loans and business positions from persons and business
entities from which the Library purchases, plans to purchase, or has purchased
within two years prior to the time a statement is required under this conflict of
interest code, supplies, materials, or services subject to the direction, supervision
or control of the Library. (FPPC Form 700, Schedule C)
16. Reportable investments in business entities from which the Library purchases,
plans to purchase, or has purchases within two years prior to the time a statement
is required under this conflict of interest code, supplies, materials, or services
subject to the direction, supervision or control of the Library. (FPPC Form 700,
Schedules A-1 and A-2)
17. Reportable income, loans and business positions from persons and business
entities having an interest in real property in the jurisdiction or that provide, plan to
provide, or have provided within two years prior to the time a statement is required
under this conflict of interest code, services within the jurisdiction subject to the
inspection, review or approval of the Public Works Services Department. (FPPC
Form 700, Schedule C)
18. Reportable investments in any business entities having an interest in real property
in the jurisdiction or that provide, plan to provide, or have provided within two years
prior to the time a statement is required under this conflict of interest code, services
within the jurisdiction subject to the inspection, approval or review of the Public
Works Services Department. (FPPC Form 700, Schedules A-1 and A-2)
Page 220
DATE:October 2, 2024
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Julie A. Sowles, Deputy City Manager of Civic and Cultural Services
Linda A. Troyan, MMC, City Clerk Services Director
Patricia Bravo-Valdez, MMC, Deputy Director of City Clerk Services
SUBJECT:Public Hearing for Consideration of a Resolution Adopting By Reference
the Standard Conflict of Interest Provisions of California Code of
Regulations Title 2, Section 18730 and Approving an Amended Appendix
I, to Account for the Addition of Two Positions Listed Under "Designated
Positions". (RESOLUTION NO. FD 2024-024) (FIRE)
RECOMMENDATION:
Staff recommends that the Rancho Cucamonga Fire Protection District adopt a Resolution
approving an amended Conflict of Interest Code, Appendix I, to account for the addition of two
positions as listed under “designated positions”.
BACKGROUND:
Under the Political Reform Act, all public agencies are required to adopt a Conflict of Interest
Code that identifies all officials and employees within the agency who make governmental
decisions or participate in making decisions based on the positions they hold. The individuals in
the designed positions must disclose their financial interests in investments, interests in real
property, sources of income and business positions that may affect in their decision-making on a
form called Statement of Economic Interests (Form 700).
To ensure the code remains current and accurate, agencies are required to review their Conflict
of Interest Code in even-numbered years. The Fire Protection District Board previously adopted
Regulation 18730 (referred to as the model or standard code by the Fair Political Practices
Commission) by reference and, as such, the terms of the code (Exhibit A to the Resolution) is up
to date.
At the June 19, 2024 board meeting, staff was directed to proceed with the biennial review of the
Conflict of Interest Code.
ANALYSIS:
It is essential and legally required that an agency’s Conflict of Interest Code reflect the current
structure of the agency and properly identifies all officials and employees who should be filing a
Statement of Economic Interests, Form 700.
The District has reviewed its Conflict of Interest Code and it has determined that it is necessary
to amend the Code, to include the positions of Management II and Management Analyst III,
(Appendix I) “Designated Positions”. Appendix II includes disclosure requirements for designated
consultants.
Page 221
2
5
5
7
Public notification was achieved by posting of the agenda and public hearing notice, publication
of the hearing notice in the newspaper and notification to the proposed designated position.
FISCAL IMPACT:
None.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The Conflict of Interest Code update helps advance and ensure adherence to State reporting
requirements by Fire District employees therefore anticipating and planning for the future.
ATTACHMENTS:
Attachment 1 - Fire District Resolution No. FD 2024-024
Exhibit “A” – Terms of the Code
Appendix “I” – List of Designated Positions
Appendix “II” – Detailed Disclosure Categories
Page 222
RESOLUTION NO. FD 2024-XXX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING BY REFERENCE THE
STANDAR D CONFLICT OF INTEREST PROVISIONS OF
CALIFORNIA CODE OF REGULATIONS TITLE 2, SEC TION 18730
AND APPROVING AN AMENDED APPENDIX I, TO ACCOUNT FOR
THE ADDITION OF TWO POSITIONS LISTED UNDER
“DESIGNATED POSITIONS”
WHEREAS, pursuant to the requirements of the California Political Re form Act (the “Act”),
Section 81000 of the California Government Code, governmental agencies must adopt Conflict
of Interest Codes applicable to every officer, employee, member or consultant of the agency
whose position entails the making or participating in the making of decisions that may foreseeably
have a material financial effect on any financial interest, and which c ode requires such designated
employees to disclose and disqualify themselves from making, participating in, or attempting to
influence such decisions; and
WHEREAS, the Fire Protection District has previously adopted the terms of California
Code of Regulations Title 2, Section 18730, the Con flict of Interest Code terms promulgated by
the Fair Political Practices Commission (“FPPC”) by Fire District Resolution No. FD 2020-018;
and
WHEREAS, the Fire Protection District o f the City o f Rancho Cucamonga, as the Code
Reviewing body under the Act, adopts, affirms and incorporates by reference the standard Conflict
of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any
amendments to it duly adopted by the FPPC; and
WHEREAS, the standard Con flict of Interest Code set forth in California Code of
Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC , along
with Appendix “I”, and Appendix “II” setting forth amended disclosure categories, does constitute
the Conflict of Interest Code for the Fire Protection District; and
WHEREAS, subsequent changed circumstances have made it advisable and necessary
pursuant to Section 87306 and 87307 of the Act to amend and update the Fire Protection District’s
Conflict of Interest Code; and
WHEREAS, notice of the time and place of a public meeting on, and consideration by the City
Council of, the proposed amended Conflict of Interest Code was provided to each designated
position;
WHEREAS, a public meeting was held upon the proposed amended Conflict of Interest
Code at a regular meeting of the Fire Protection District on October 2, 2024, at which all present
were given an opportunity to be heard on the proposed amended Con flict of Interest Code;
NOW, T HEREFORE, BE IT RESOLVED by the Fire Protection District of the City of
Rancho Cucamonga, California, as follows:
Resolution No. FD 2024-XXX - Page 1 of 6 ATTACHMENT 1
Page 223
Resolution No. FD2024-XXX - Page 2 of 6
1. The standard Conflict of Interest Code set forth in California Code of Regulations
Title 2, Section 18730 and any amendments to it duly adopted by the FPPC is
hereby incorporated by reference.
2. The list of designated positions subject to the requirements of the Conflict of
Interest Code are set forth in Appendix I and the disclosure categories are set forth
in Appendix II.
3. The standard Conflict of Interest Code set forth in California Code of Regulations
Title 2, Section 18730 and any amendments to it duly adopted by the FPPC and
the Appendices I and II constitute the Conflict of Interest Code for the Fire
Protection District.
4. The Fire Protection District does hereby adopt the attached Conflict of Interest
Code (Exhibit A) and Appendix I and II.
PASSED, APPROVED, AND ADOPTED by the Fire Protection District of the City of
Rancho Cucamonga at its regular meeting held on the 2nd day of October 2024.
___________________________________
L. Dennis Michael, President
ATTEST:
______________________________________ Janice C. Reynolds, Secretary
I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire
Protection District, do hereby certify that the foregoing Resolution was duly passed, approved,
and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a
Regular Meeting of said Board held on the 2nd day of October 2024.
Executed this 3rd day of October 2024, at Rancho Cucamonga, California.
___________________________________ Janice C. Reynolds, Secretary
Page 224
Resolution No. FD2024-XXX - Page 3 of 6
EXHIBIT “A”
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
CONFLICT OF INTEREST CODE
The Political Reform Act (Government Code Section 81000, et seq.) requires state and
local government agencies to adopt and promulgate conflict of interest codes. The Fair
Political Practices Commission has adopted a Regulation (California Code of
Regulations, Title 2, Section 18730) that contains the terms of a standard conflict of
interest code, which can be incorporated by reference in an agency’s code. After public
notice and hearing, the standard code may be amended by the Fair Political
Practices Commission to conform to amendments in the Political Reform Act. Therefore,
the terms of California Code of Regulations, Title 2, Section 18730 and any amendments
to it duly adopted by the Fair Political Practices Commission are hereby incorporated by
reference. This regulation and the attached Appendices, designating positions and
establishing disclosure categori es, shall constitute the Conflict of Interest C ode of the
Rancho Cucamonga Fire Protection District.
Individuals holding designated positions shall file their statements of economic interests
with the Secretary of the Rancho Cucamonga Fire Protection District, which will make
the statements available for public inspection and reproduction (Gov. Code Sec. 81008).
All statements will be retained by the Secretary.
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Resolution No. FD2024-XXX - Page 4 of 6
APPENDIX “I”
DESIGNATED POSITIONS
Disclosure
Designated Position Categories
Board of Directors ......................................................................... 1, 2, 3, 4
Battalion Chief ................................................................................ 1, 2, 3, 4
Business Manager………………………………………………………1, 2, 3, 4
Deputy Chief ................................................................................... 1, 2, 3, 4
Fire Chief ........................................................................................ 1, 2, 3, 4
Fire Marshal .................................................................................... 1, 2, 3, 4
Management Analyst II………………………………………………...1, 2, 3, 4
Management Analyst III………………………………………………..1, 2, 3, 4
Consultants ..................................................................................... 5
*Note - The Board of Directors may file a copy of the Disclosure Statement required of them as
Members of the City Council, signed and verified as if it were an original, in lieu of filing a statement
hereunder. (2 California Code of Regulations, Section 18730).
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Resolution No. FD2024-XXX - Page 5 of 6
APPENDIX “II”
DISCLOSURE CATEGORIES
1. Reportable interests in real property in the jurisdiction. (Form 700, Schedule B)
2. Reportable investments in business and entities that provide, plan to provide or have
provided within two years from the time a statement is required under this conflict of
interest code, services, supplies, materials or equipment of the type utilized by the Rancho
Cucamonga Fire Protection District. (Form 700, Schedules A -1 and A-2)
3. Reportable income from persons or business entities, and reportable business positions
in business entities, that provide, plan to provide or have provided within two years from
the time a statement is required under this conflict of interest code, serv ices, supplies,
materials or equipment of the type utilized by the Rancho Cucamonga Fire Protection
District. (Form 700, Schedules C)
4. Reportable gifts and travel gifts. (Form 700, Schedules D and E)
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Resolution No. FD2024-XXX - Page 6 of 6
5. Designated Consultants1 Disclosure Requirements
Consultants who make (not just
recommend) governmental
decisions, such as whether to
approve a rate, rule, or regulation,
whether to issue, deny, suspend, or
revoke any permit, license,
application, certificate or similar
authorization, adopt or grant City
approval to a plan, design, report,
study, or adopt or grant City
approval of policies, standards, or
guidelines for the City or any
subdivision thereof.
All reportable interests in real
property in the jurisdiction;
reportable income and business
positions; reportable investments;
and reportable gifts, unless the
City Manager determines in
writing that a particular consultant
is hired to perform a range of
duties that is limited in scope and
thus is not required to fully comply
with the disclosure requirements
described in the section.2
Consultants who serve in a
staff capacity with the City, and
in that capacity participate in
making a governmental decision
by providing information, an
opinion, or a recommendation for
the purpose of affecting the
decision without significant
intervening substantive review.
Disclosure required at the same
level as a comparable designated
position in the same or similar
City Department identified
elsewhere in this Code.
Consultants who perform the
same or substantially all the
same duties for the City that
would otherwise be performed by
an individual holding a designated
position in the City’s Conflict of
Interest Code.
Disclosure required at the same
level as the comparable
designated position identified
elsewhere in this Code.
Not all outside contractors meet the consultant definition in FPPC Regulation
18700.3, as described above. Form 805, Agency Report of Consultants, will be
used by the Department Director to determine disclosure requirements.
1 When the consultant is a corporation or partnership, only individuals who fit into one of the three
categories of “Designated Consultants” must file disclosure statements.
2 If the City Manager determines in writing that a particular consultant is not required to fully comply with
the requisite disclosure requirements, then such written determination shall include a description of the
consultant's duties and, based upon that description, a statement of the extent of disclosure
requirements. The City Manager’s determination is a public record and shall be retained for public
inspection in the same manner and location as this Conflict of Interest Code.
Page 228
DATE:October 2, 2024
TO:Mayor and Members of the City Council
President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Mike McCliman, Fire Chief
Mike Smith, Police Chief
Augie Barreda, Deputy Chief
Julius McChristian, Lieutenant
Darci Vogel, Fire Business Manager
SUBJECT:Consideration to Approve the Addition of One Fire Safety Position for
Implementation of the Community Outreach and Support Team (COAST).
(CITY/FIRE)
RECOMMENDATION:
Staff recommends the City Council / Fire Board approve the addition of one fire safety position to
the Fire District’s total allocated positions for current Fiscal Year 2023-24 in order to implement
the Community Outreach and Support Team (COAST).
BACKGROUND:
Community Outreach and Support Team (COAST) is a multi-disciplinary mobile mental health
crisis response team. The team consists of a social worker from the Department of Behavioral
Health, a law enforcement officer, and a fire safety employee with a service dog trained in crisis
response. The purpose of the team is to engage with those experiencing a mental health crisis
in order to provide alternative services including the ability to follow-up with individuals for
continuum of care, provide a better treatment option for those in crisis, provide community
outreach and education, and prevent further crises through follow-up. COAST can respond in
lieu of, or relieve, police and fire resources to keep those units available for emergency response.
COAST can also direct placement of clients directly to appropriate mental health facilities based
upon the specific needs of the client, thus reducing visits to hospital emergency departments and
assisting in ensuring there are more available beds for patients needing immediate medical care.
The Fire District and Rancho Cucamonga Police Department have been in the process of
developing and implementing a COAST program in the City. The team will be comprised of a
Fire District firefighter with a service dog, a San Bernardino County Sheriff's deputy, and a San
Bernardino County Social Worker. Currently, there are four COAST programs in San Bernardino
County. They are located in Fontana, Ontario, San Bernardino City, and a San Bernardino County
Sheriff Regional Team.
On July 17, 2024, the City Council / Fire Board accepted the donation of a 2021 Ford Transit
Cargo Van from Arrowhead Credit Union’s (ACU) ArrowHeart Foundation. The van will be used
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for various programs such as public education, fire prevention, and community outreach. It will
be essential in providing on-the-street assistance and connecting individuals to vital services and
resources, thus enhancing the Fire District’s operational capabilities. The van was valued at
$39,705 and had approximately 56,568 miles.
On August 21, 2024, the City Council / Fire Board approved Contract Number FD 2024-007 with
Working Dogs for Warriors (WDFW) for a therapy dog and associated expenses, including
comprehensive training, veterinary care and insurance, and ongoing training and support
services. A WDFW therapy dog will accompany COAST team members during high-stress
incidents in order to provide emotional support, help reduce stress levels, and assist in de-
escalating critical situations. The therapy dog will also contribute to community outreach by
engaging with the public during educational events and offering additional care for our first
responders by aiding in peer support activities. The annual cost of the contract is $12,000,
however the first year has been covered by the WDFW Care Team K9 Program for Suicide
Prevention Grant.
ANALYSIS:
In order for the Fire District to finish implementation of the COAST program, it is necessary to add
one (1) safety position to the Fire District’s total allocated positions. The specifics of the position
include the following:
•Office assignment working 40 hours per week. The typical schedule will be Monday to
Thursday, however this will be adjusted as needed for community events and meetings.
•Full-time support dog handler
•Fire District vehicle provided with support dog transportation capabilities.
•Minimum 2-year commitment
•Will receive Crisis Intervention Training
•Will attend required COAST Team meetings and trainings.
•COAST Team members will be housed at the Public Safety Facility.
The estimated timeline for implementation of the COAST program is 1st quarter of 2025. For the
Fire District, implementation will result in the addition of one (1) safety position to the Fire District’s
total allocated positions. The position will be filled using existing staffing and backfilled using
current eligibility lists. For the Police Department, existing staffing will be used to fill the team’s
law enforcement position.
The recommended staffing initiatives described above will result in the following benefits and
potential negative impacts:
Benefits to Community Potential Challenges
1. COAST will provide an enhanced level of
service to our most vulnerable population
by collaborating at the scene of the call
and providing the client with a plan that will
best suit their individual needs.
2. COAST staffing model allows for the team
to respond in lieu of Fire District apparatus
for mental health related calls and other
miscellaneous calls which COAST would
be most appropriate.
1. Ensuring access to patient files by all
team members.
2. Ensuring that the leadership across all
three participating agencies remain
committed to the collaboration needed to
ensure success of the COAST program.
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3. COAST can respond in lieu of police and
fire resources, thus keeping those units
available for emergency calls.
4. COAST can coordinate placement of
clients directly to appropriate behavioral
and mental health facilities without a need
to go through the Emergency Department.
This will improve client outcomes and
reduce recidivism, thus leading to less Fire
District and law enforcement responses.
5. COAST will assist in avoiding unnecessary
emergency department admittance by
providing the clients with direct admittance
to an appropriate mental health receiving
facility.
FISCAL IMPACT:
Below are the financial impacts associated with the implementation of the COAST program.
Please note that these costs won’t be fully realized during current Fiscal Year 2024-25 since
program implementation is occurring partially through the fiscal year. These costs only address
the Fire District’s component of the team and do not include costs for the other team members
(law enforcement and social worker).
The estimated annual cost of the recommended staffing changes are as follows:
Staffing Expense Description Annual
Revenue
Annual
Expense
Fire Safety
Position
Fund one (1) Fire Engineer position
(40-hour safety employee)$0 $262,830
Net Fiscal Impact:$262,830
Additional program expenses, such as support dog supplies and vehicle related expenses, are
estimated at $10,000 annually, however this will be examined further and finetuned during the
preparation of the budget for Fiscal Year 2025-26.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item brings together portions of the Council’s vision and core value by providing a sustainable
City and promoting a safe and healthy community for all. This is accomplished by implementing
the staffing initiatives needed to support and implement the City’s first Community Outreach and
Support Team.
ATTACHMENTS:
None.
Page 231
Rancho Cucamonga to Implement a
Community Outreach and Support Team
(COAST)
COAST PROGRAM MAK
COAST is a multi -disciplinary mobile mental health crisis
response team. It will be comprised of a fire safety employee &
service dog, San Bernardino County Sheriff's Deputy, and
San Bernardino County Social Worker.
The team’s goal is to engage with those experiencing a
me ntal he alth c ris is , by providing alte rnative s e rvic e s
inc luding the ability to follow -up with individuals for
continuum of care, provide a better treatment option for
thos e in c ris is , provide c ommunity outre ac h and e duc ation,
and prevent further crises through follow -up.
COAST’S MISSION
CURRENT COAST PROG
There are currently four COAST Programs throughout
San Bernardino County. Rancho Cucamonga will be the fifth.
•City of Fontana
•City of Ontario
•City of San Bernardino
•Regional San Bernardino County
REQUIREMENTS & EXPE
•40 -hour work week, Monday - Thursday. This schedule may be
adjusted for special events & meetings.
•Will be housed out of the Public Safety Facility.
•Members will have an assigned vehicle for on -call responses.
•Required to take Crisis Intervention Trainings.
LOGISTICS: TRANSPORTA
Arrowhead Credit Union’s 501(c)(3) non -profit, the
ArrowHeart Foundation donated a Ford transit cargo van will
be used to transport the Team during business operations.
LOGISTICS: K9
The Fire District has a contract with
Working Dogs For Warriors to obtain
the COAST’s therapy dog, mirroring
the process of onboarding our
therapy dog Kimball.
This therapy dog will be a key
resource in providing emotional
support, helping reduce stress levels,
and assisting in de -escalating critical
situations for the team.
•The San Bernardino County Sheriff’s Department will use one
of their current deputies assigned to the Rancho Cucamonga
Station and give them a special assignment to the COAST
program.
•San Bernardino County’s Department of Public Health will
assign one of the social workers to the COAST program.
STAFFING
In order for the Fire District to finish implementation of the COAST
program, it is necessary to add one (1) safety position to the Fire
District’s total allocated positions.
The individual who is s e le c te d from the Fire Dis tric t and as s igne d
to the COAST program will have a minimum two -year commitment.
STAFFING
By implementing a COAST program in Rancho Cucamonga
we are taking a proactive approach to helping individuals in
our community experience mental health crisis’.
The goal is to have the Rancho Cucamonga COAST program
operational by the first quarter of 2025.
BENEFITS & IMPLEME
QUESTIONS?
DATE:October 2, 2024
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Mike McCliman, Fire Chief
Darci Vogel, Fire Business Manager
SUBJECT:Consideration of an Agreement for Ground Ambulance Services with
Consolidated Fire Agencies (CONFIRE). (FIRE)
RECOMMENDATION:
Staff recommends that the Fire Board not approve the Agreement between the Consolidated Fire
Agencies (CONFIRE) and the Rancho Cucamonga Fire District for the provision of ground
ambulance transport services. The Agreement will be brought back for consideration at a later
date once pending legal issues are resolved.
BACKGROUND:
On December 5, 2023, the San Bernardino County Board of Supervisors awarded Contract No.
23-1282 for ground ambulance medical transportation services to CONFIRE and its private
subcontractor-partner Priority Ambulance, for an initial term beginning October 1, 2024, through
September 30, 2029, with an option to extend the contract for a second five-year term. Services
required as part of the contact include Advanced Life Support, Basic Life Support, ground
ambulance services, and Interfacility and Critical Care Transport services to 11 Exclusive
Operating Areas within the County.
As a result of the County awarding the ambulance contract to CONFIRE, several member and
contract agencies (Ontario, Chino Valley, Rancho Cucamonga, and San Bernardino County Fire
Protection District (SBCFPD)) are required to support the system by implementing at least one
ambulance within their jurisdictions. Per the RFP and the contractual agreement with Priority
Ambulance, the ambulances shall be staffed on a 24/7/365.
On December 20, 2023, the Fire Board authorized an amendment to the Fiscal Year 23-24 Budget
to provide for the hiring of six firefighters, one EMS Captain, and one Data Analyst to support and
implement the requirements of the County of San Bernardino contract for ground ambulance
medical transportation services.
On January 17, 2024, the Fire Board authorized the purchase of two (2) Type-1 Ambulances
utilizing Sourcewell Cooperative Agreement No. 11092, awarded to Wheeled Coach.
ANALYSIS:
The Fire District committed to provide the following ambulance transport services: one (1) fully
equipped and staffed emergency ground ambulances, one (1) fully equipped emergency ground
ambulance for surge events, and one (1) fully-equipped reserve emergency ground ambulance.
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In order to provide these transport services, the Fire District must enter into an Agreement with
CONFIRE.
As outlined in the Agreement, the term will commence on the effective date and continue through
September 30, 2029, with the possibility of extending the Agreement for an additional five years.
CONFIRE will compensate the Fire District with a unit hour rate of $167.72 for each primary
ambulance and $152.80 for staffing the reserve ambulance. Payments will be made to the Fire
District on a quarterly basis, based on invoices prepared from Computer Aided Dispatch (CAD)
data that reflect the in-service hours for the Fire District.
On February 27, 2024, American Medical Response (AMR) filed a lawsuit challenging the San
Bernardino County Board of Supervisors’ decision to award the ambulance transportation contract
to CONFIRE. On July 9, 2024, AMR then filed an injunction requesting a stay of the execution of
the ambulance transportation contract pending the outcome of the lawsuit. On September 12,
2024, a judge granted the requested injunction, subsequently delaying the scheduled
implementation of the ambulance contract on October 1, 2024.
Due to the pending legal issues impeding implementation of the ambulance contract, staff does
not recommend that the Fire Board approve the Agreement with CONFIRE at this time. Instead,
staff recommends that this Agreement be brought back to the Fire Board for consideration and
approval at a later date once the current legal issues have been resolved.
FISCAL IMPACT:
The revenue resulting from the Agreement’s unit hour utilization rate will offset associated staffing
and equipment expenses. Sufficient funding is available in the Fire District’s FY 2024-25 Budget
for this Agreement.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item combines portions of the Council's vision and core values by providing a sustainable
City and promoting a safe and healthy community for all. This is accomplished by ensuring our
first responders have the resources and tools necessary to support and implement the
requirements of the County of San Bernardino contract for ground ambulance medical
transportation services, thus enhancing the level of service provided to the community.
ATTACHMENTS:
Attachment 1 – CONFIRE Public Based Ambulance Agreement
Page 233
FIRST ADDENDUM TO
AGREEMENT
BY AND BETWEEN
CONSOLIDATED FIRE AGENCIES
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Priority Ambulance Apparatus and Equipment
Consolidated Fire Agencies (“CONFIRE”) and the Rancho Cucamonga Fire Protection District
(“RCF”) are parties to an agreement for RCFs provision of Transportation Services in accordance
with the terms and conditions of Contract Number 23-1282 with San Bernardino County
(hereinafter referred to as “Agreement”). The Parties enter into this First Addendum to the
Agreement to set forth the obligations of RCF in the event that RCF utilizes or operates Priority
Ambulance California, LLC (hereafter “Priority” or Priority Ambulance”) apparatus or equipment
(hereinafter referred to “First Addendum”).
RECITALS
WHEREAS, CONFIRE and RCF are parties to the Agreement that sets forth RCF’s
obligations to provide Transportation Services; and
WHEREAS, in the delivery of the requisite Transportation Services RCF may operate
and/or utilize apparatus that is owned by Priority, CONFIRE’s partner for the delivery of services
identified in Contract Number 23-1282 with San Bernardino County; and
WHEREAS, the Parties desire to enter into this First Addendum to memorialize RCF’s
responsibilities when using and/or operating Priority Ambulance apparatus or equipment; and
WHEREAS, while not a signatory to this Frist Addendum, Priority is a third-party
beneficiary; and
WHEREAS, this First Addendum supplements the Agreement and does not further modify
any term or condition of the Agreement.
TERMS
In the event that RCF utilizes and/or operates Priority Ambulance apparatus or equipment, RCF
agrees to the following terms and conditions:
1.PAYMENT
Unit Hour Cost for RCF personnel using a Priority apparatus and/or equipment will be
reimbursed at a rate of One Hundred Fifty-Two Dollars and Eighty Cents ($152.80).
ATTACHMENT 1
Page 234
2.INDEMNIFICATION
RCF agrees to indemnify, defend (with counsel reasonably approved by Priority) and hold
harmless Priority and its authorized officers, employees, agents and volunteers from any and
all claims, actions, losses, damages, and/or liability arising out of the performance of the
services set forth in this First Addendum by RCF, and/or its officers, employees, agents,
contractors or volunteers, including the acts, errors, or omissions of RCF and for any costs
or expenses incurred by Priority on account of any claim except where such
indemnification is prohibited by law. This indemnification provision shall apply regardless
of the existence or degree of fault of indemnitees. RCF’s indemnification obligation shall
not apply to Priority’s negligence or “willful” misconduct within the meaning of Civil Code
Section 2782.
IN WITNESS WHEREOF, RCF and CONFIRE have caused this Agreement to be executed by
their authorized agents.
CONSOLIDATED FIRE AGENCIES –
CONFIRE
RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT
Date:, 2024 Date:, 2024
By:By:
Print Name: Nathan Cooke Print Name: ____________
Its:Interim Executive Director Its:___________________
Page 235
AGREEMENT
BY AND BETWEEN
CONSOLIDATED FIRE AGENCIES
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
This Agreement is made and entered into by and between the Consolidated Fire Agencies, a Joint Powers
Authority, duly authorized and existing under Government Code, § 6500 et seq. (hereinafter referred to as
“CONFIRE”) and the Rancho Cucamonga Fire Protection District (hereinafter referred to as “RCF”).
CONFIRE and RCF may be referred to individually as Party, or collectively Parties.
RECITALS
WHEREAS, CONFIRE submitted a Proposal in response to RFP # ICEMA23-ICEMA-4811, Advanced Life
Support and Basic Life Support Ground Ambulance Services, Interfacility and Critical Care Transport
Services for Exclusive Operating Areas in San Bernardino (“Proposal”); and,
WHEREAS, CONFIRE’s Proposal included a provision for certain Member and Contract Agencies to
provide Advanced Life Support (“ALS”) and Basic Life Support (“BLS”) Ground Ambulance Services
(collectively referred to as “Transport Services”; and,
WHEREAS, RCF, a Member Agency of CONFIRE, committed to provide the following Transport Services:
one (1) fully-equipped and staffed emergency ground ambulances, one (1) fully-equipped emergency
ground ambulance for surge events, and one (1) fully-equipped reserve emergency ground ambulance;
and,
WHEREAS, RCF’s commitment to provide Transport Services was included in CONFIRE’s Proposal; and,
WHEREAS, CONFIRE was selected as the successful bidder for RFP# ICEMA23-ICEMA-4811 and
entered into Contract Number 23-1282 with the San Bernardino County, a copy of which is attached hereto
as Attachment 1, and incorporated herein by this reference; and,
WHEREAS, it is the intent of the parties hereto that in accordance with Contract Number 23-1282, RCF
will provide the services herein described, subject to the terms and conditions contained herein and within
Contract Number 23-1282.
TERMS
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained
and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree
as follows:
1.Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated into
this Agreement by this reference.
2.SCOPE OF WORK:
A.RCF shall provide Services that include one (1) fully equipped and staffed emergency ground
ambulances, one (1) fully-equipped emergency ground ambulance for surge events, and
one (1) fully-equipped reserve emergency ground ambulance.
i.Such Services shall be provided in accordance with the terms and conditions of
Contract Number 12-1282.
ii.RCF represents and warrants to CONFIRE that it has the necessary
infrastructure, resources, personnel, training, and licenses to provide the
Services under this Agreement in accordance with all terms of this Agreement.
Page 1 of 9
Page 236
B.Upon request and availability of personnel and resources, RCF may provide additional
emergency ground ambulances in case of emergency or mutual aid requests.
3.PAYMENT:
CONFIRE shall compensate RCF for the Services provided as set forth below:
A.
B.
C.
D.
Unit Hour Cost at a rate of One Hundred Sixty-Seven Dollars and Seventy-Two Cents
($167.72). The Unit Hour Cost is reflective of the cost of providing the Service.
Unit Hour Cost for RCF personnel labor without use of RCF ambulance and equipment will
be reimbursed at a rate of One Hundred Fifty-Two Dollars and Eighty Cents ($152.80).
Payment shall be made to RCF on quarterly based upon invoices that are prepared from
CAD data, reflective of the in-service hours for RCF.
CONFIRE will review the reimbursement rates annually on or before March 1 of each year.
4.TERM OF AGREEMENT:
A.
B.
Effective Date: This Agreement shall become effective on October 1, 2024, the date
specified for services in Contract Number 23-1282.
Term: This Agreement shall remain in full force and effect from the Effective Date until
September 30, 2029, unless terminated in accordance with the provisions herein. This
Agreement may be extended by an additional five (5) year term upon the extension of
Contract Number 23-1282.
5.
6.
MODIFICATIONS TO AGREEMENT: A review of the Agreement terms may be initiated at any time
by either Party upon written notice to the other. The parties agree to negotiate in good faith and
deal fairly with respect to performance under this Agreement and any proposed modifications. This
Agreement may be modified only in writing and with the approval of both RCF and CONFIRE
through each entity’s governing body.
EMPLOYEE STATUS/WORKERS’ COMPENSATION: It is expressly understood that in the
performance of the Services herein provided for, RCF shall be, and is, an independent contractor
and is not an agent or employee of CONFIRE. RCF has and shall retain the right to exercise full
control and supervision of the Services and full control over the employment, direction, assignment,
compensation, and discharge of all persons employed by RCF and assisting in the performance of
Services hereunder. RCF shall be solely responsible for all matters relating to the payment of its
employees, including compliance with social security, workers’ compensation, withholding, and all
regulations governing such matters.
7.INDEMNIFICATION:
RCF agrees to indemnify, defend (with counsel reasonably approved by CONFIRE) and hold
harmless CONFIRE and its authorized officers, employees, agents and volunteers from any and all
claims, actions, losses, damages, and/or liability arising out of the performance of this Agreement
by RCF, and/or its officers, employees, agents, contractors or volunteers, including the acts, errors,
or omissions of RCF and for any costs or expenses incurred by CONFIRE on account of any claim
except where such indemnification is prohibited by law. This indemnification provision shall apply
regardless of the existence or degree of fault of indemnitees. RCF’s indemnification obligation shall
not apply to CONFIRE’s negligence or “willful” misconduct within the meaning of Civil Code Section
2782.
8.INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
RCF shall procure and maintain for the duration of the contract insurance against claims for injuries to
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persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the RCF, its agents, representatives, or employees.
A.Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering
CGL on an “occurrence” basis, including products and completed operations, property
damage, bodily injury and personal & advertising injury with limits no less than
$3,000,000 per occurrence. If a general aggregate limit applies, either the general
aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or
the general aggregate limit shall be twice the required occurrence limit.
2.
3.
4.
Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1
(any auto), or if RCF has no owned autos, Code 8 (hired) and 9 (non-owned), with limit
no less than $3,000,000 per accident for bodily injury and property damage.
Workers’ Compensation insurance as required by the State of California, with Statutory
Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per
accident for bodily injury or disease.
Professional Liability (Errors and Omissions) Insurance appropriates to the RCF’s
profession, with limit no less than $3,000,000 per occurrence or claim, $3,000,000
aggregate. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work. Insurance must be maintained and evidence
of insurance must be provided for at least five (5) years after completion of the contract
of work. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a Retroactive Date prior to the contract effective date, the RCF
must purchase “extended reporting” coverage for a minimum of five (5) years after
completion of contract work. A copy of the claims reporting requirements must be
submitted to the CONFIRE for review.
If RCF maintains broader coverage and/or higher limits than the minimums shown above, then
CONFIRE requires and shall be entitled to the broader coverage and/or higher limits maintained
by RCF. Any available insurance proceeds in excess of the specified minimum limits of insurance
and coverage shall be available to the CONFIRE.
B.Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1.
2.
The CONFIRE, its officers, officials, employees, and volunteers are to be covered as
additional insureds on the CGL policy with respect to liability arising out of work or
operations performed by or on behalf of RCF including materials, parts, or equipment
furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to RCF’s
insurance at least as broad as one of the following ISO ongoing operations Forms: CG
20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one
of the following ISO completed operations Forms: CG 20 37, CG 20 39 (not allowed from
subcontractors), or CG 20 40.
C.Primary Coverage
For any claims related to this contract, RCF’s insurance coverage shall be primary insurance
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coverage at least as broad as ISO CG 20 01 04 13 as respects the CONFIRE, its officers,
officials, employees, and volunteers. Any insurance or self-insurance maintained by the
CONFIRE, its officers, officials, employees, or volunteers shall be excess of RCF’s insurance
and shall not contribute with it.
D.
E.
Notice of Cancellation
RCF 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, RCF shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
RCF hereby grants to CONFIRE a waiver of any right to subrogation which any insurer of said
RCF may acquire against the CONFIRE by virtue of the payment of any loss under such
insurance. RCF agrees to obtain any endorsement that may be necessary to affect this waiver
of subrogation, but this provision applies regardless of whether or not the CONFIRE has received
a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation
policy shall be endorsed with a waiver of subrogation in favor of the CONFIRE for all work
performed by the Contractor, its employees, agents and subcontractors.
F.Self-Insured Retentions
Self-insured retentions must be declared to and approved by the CONFIRE. The CONFIRE may
require RCF to provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The policy language shall provide, or
be endorsed to provide, that the self-insured retention may be satisfied by either the named
insured or CONFIRE.
G.
H.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current
A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CONFIRE.
Verification of Coverage
RCF shall furnish the CONFIRE with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to CONFIRE before work begins. However, failure to obtain the
required documents prior to the work beginning shall not waive RCF’s obligation to provide them.
The CONFIRE reserves the right to require complete, certified copies of all required insurance
policies, including endorsements required by these specifications, at any time.
I.Subcontractors
RCF shall require and verify that all subcontractors maintain insurance meeting all the
requirements stated herein, and Contractor shall ensure that CONFIRE is an additional insured
on insurance required from subcontractors.
J.Special Risks or Circumstances
CONFIRE reserves the right to modify these requirements, including limits, based on the nature
of the risk, prior experience, insurer, coverage, or other special circumstances.
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9.RCF RECORDS:
RCF shall maintain all records and books pertaining to the delivery of Services under this Contract
and demonstrate accountability for Agreement performance as set forth in Contract Number 23-
1282.
All records shall be complete and current and comply with all Agreement requirements. Such
records include but are not limited to patient care reports. Failure to maintain acceptable records
shall be considered grounds for withholding of payments for invoices submitted and/or termination
of the Agreement.
All records relating to RCF’s personnel, consultants, subcontractors, Services/Scope of Work, and
expenses pertaining to this Agreement shall be kept in a generally acceptable accounting format.
Records should include primary source documents. Fiscal records shall be kept in accordance with
Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue,
and expenditures. Fiscal records must comply with the appropriate Office of Management and
Budget (OMB) Circulars, which state the administrative requirements, cost principles, and other
standards for accountancy.
CONFIRE, State and Federal government shall have absolute right to review and audit all records,
books, papers, documents, corporate minutes, and other pertinent items as requested, and shall
have absolute right to monitor the performance of RCF in the delivery of Services provided under
this Contract. RCF shall cooperate fully in any auditing or monitoring conducted. RCF shall
cooperate with CONFIRE in implementing, monitoring, and evaluating this Contract and comply with
any and all reporting requirements established by CONFIRE. RCF shall not disclose any protected
health information or any other record or information protected by state and/or federal law to
CONFIRE, State, and Federal government under this section of the Agreement.
All records pertaining to Services delivered and all fiscal, statistical, and management books and
records shall be available for examination and audit by CONFIRE representatives for a period of
three years after final payment under this Contract or until all pending CONFIRE, State, and Federal
audits are completed, whichever is later.
10.
11.
WAIVER: No waiver of a breach of any provision of this Agreement will constitute a waiver of any
other breach or of such provision. Failure of either Party to enforce at any time, or from time to time,
any provision of this agreement will not be construed as a waiver thereof. The remedies herein
reserved will be cumulative and additional to any other remedies in law or equity.
PARTIAL INVALIDITY: Should any part, term, portion, or provision of this Agreement be finally
decided to be in conflict with any law of the United States or the State of California or otherwise be
unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions will
be deemed severable and will not be affected thereby, provided such remaining portions or
provisions can be construed in substance to constitute the agreement which the parties intended to
enter into in the first instance.
12.NOTICES: All notices required or permitted to be given pursuant to this Agreement may be
personally served on the other party by the party giving such notice or may be served by certified
mail, return receipt requested, to the following addresses:
Rancho Cucamonga
Fire Protection District
Attn: Mike McCliman
10500 Civic Center Dr
Rancho Cucamonga, CA 91730
Consolidated Fire Agencies
Joint Powers Authority
Attn: Nathan Cooke
1743 Miro Way
Rialto, CA 92376
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13.
14.
APPLICABLE LAW: At all times during the term of this Agreement, CONFIRE and RCF shall
comply with all applicable laws, ordinances, rules, and regulations of the United States of America,
the State of California, including all agencies and subdivisions thereof, and the Inland Counties
Emergency Medical Agency.
VENUE: The venue of any action or claim brought by any party to the Agreement will be the
Superior Court of San Bernardino County. Each party hereby waives any law or rule of the court
that would allow them to request or demand a change of venue. If any action or claim concerning
the Agreement is brought by any third party and filed in another venue, the parties hereto agree to
use their best efforts to obtain a change of venue to San Bernardino County.
15.ATTORNEYS’ FEES AND COSTS: If any legal action is instituted to enforce any party’s rights
hereunder, each party shall bear its own costs and attorney fees, regardless of who the prevailing
party is. This paragraph shall not apply to those costs and attorney fees directly arising from a third-
party legal action against a party hereto and payable under Indemnification and Insurance
Requirements.
16.
17.
CONTRACT ASSIGNABILITY: Without the prior written consent of CONFIRE, RCF may not assign
or subcontract its obligations under this Agreement either in whole or in part.
CONFIDENTIALITY:
Pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health
Information Technology for Economic and Clinical Health (“HITECH”) Act, regulations have been
promulgated governing the privacy of individually identifiable health information. RCF acknowledges
that it is a covered entity and subject to the requirements of HIPAA and HITECH, and their
implementing regulations. RCF agrees to comply fully with the terms of HIPAA and HITECH and the
regulations promulgated thereunder and to ensure any subcontractors utilized to fulfill Services pursuant
to this Contract comply with said provisions. RCF further agrees to comply with the requirements of all
other applicable federal and state laws/regulations that pertain to the protection of healthinformation.
18.RELEASE OF INFORMATION: No news releases, advertisements, public announcements, or
photographs arising out of the Agreement or RCF’s relationship with CONFIRE may be made or
used without prior written approval of CONFIRE.
19.
20.
TIME OF THE ESSENCE: Time is of the essence in the performance of this Agreement and of
each of its provisions.
CORRECTION OF PERFORMANCE DEFICIENCIES:
A.Failure by RCF to comply with any of the provisions, covenants, requirements, or conditions
of this Contract shall be a material breach of this Agreement.
B.In the event of a non-cured breach, CONFIRE may, at its sole discretion and in addition to
any other remedies available at law, in equity, or otherwise specified in this Agreement:
A.
B.
Afford RCF thereafter a time period within which to cure the breach, which period
shall be established at the sole discretion of CONFIRE; and/or
Terminate this Agreement immediately and be relieved of the payment of any
consideration to RCF. In the event of such termination, CONFIRE may proceed with
the work in any manner deemed proper by CONFIRE. The cost to CONFIRE shall
be deducted from any sum due to RCF under this Agreement, and the balance, if
any, shall be paid by RCF upon demand.
21.LEGALITY AND SEVERABILITY: The parties’ actions under the Contract shall comply with all
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applicable laws, rules, regulations, court orders, and governmental agency orders. The provisions
of this Contract are specifically made severable. If a provision of the Contract is terminated or held
to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining
provisions shall remain in full effect.
22.EMPLOYMENT DISCRIMINATION: During the term of the Contract, RCF shall not discriminate
against any employee or applicant for employment because of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and
veteran status. RCF shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432,
12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment
and Housing Act, and other applicable Federal, State, and County laws and regulations and policies
relating to equal employment and contracting opportunities, including laws and regulations
hereafter enacted.
23.
24.
DEBARMENT AND SUSPENSION: RCF certifies that neither it nor its principals or employees are
presently disbarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any federal department or agency. (See the
following United States General Services Administration’s System for Award Management website:
https://www.sam.gov). RCF further certifies that if it or any of its subcontractors are business
entities that must be registered with the California Secretary of State, they are registered and in
good standing with the Secretary of State.
ENTIRE AGREEMENT: This Agreement, including all Exhibits and other attachments, which are
attached hereto and incorporated by reference, and other documents incorporated herein,
represents the final, complete, and exclusive agreement between the parties hereto. Any prior
agreement, promises, negotiations, or representations relating to the subject matter of this
Agreement not expressly set forth herein are of no force or effect. This Agreement is executed
without reliance upon any promise, warranty, or representation by any party or any representative
of any party other than those expressly contained herein. Each party has carefully read this
Agreement and signs the same of its own free will. This Agreement may be executed in any number
of counterparts, each of which so executed shall be deemed to be an original, and such counterparts
shall together constitute one and the same Agreement. The parties shall be entitled to sign and
transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email
transmission), which signature shall be binding on the party whose name is contained therein. Each
Party providing an electronic signature agrees to promptly execute and deliver to the other party an
original signed Agreement upon request.
25.
26.
MISCELLANEOUS: RCF shall ensure all personnel providing Services under this Agreementhave
all required licenses and certifications required by the State of California and the Inland Counties
Emergency Medical Agency, and as specifically set forth in Contract Number 23-1282.
DISPUTES: In the event of a dispute, the parties shall use their best efforts to settle the dispute
through negotiation with each other in good faith.
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IN WITNESS WHEREOF, RCF, and CONFIRE have caused this Agreement to be executed by their
authorized agents.
CONSOLIDATED FIRE AGENCIES –
CONFIRE
RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT
Date:, 2024 Date:, 2024
By:By:
Print Name: Nathan Cooke Print Name: ____________
Its:Interim Executive Director Its:___________________
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Attachment 1
to
Agreement for Transport Services
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ATTACHMENT 1
ATTACHMENT 1
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DATE:October 2, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Elisa C. Cox, Assistant City Manager
Hope Velarde, Management Analyst II
SUBJECT:Consideration of Resolution No. 2024-096, a Resolution in Support of
Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction
Act. (RESOLUTION NO. 2024-096) (CITY)
RECOMMENDATION:
Staff recommends the City Council consider and adopt Resolution No. 2024-096, supporting
California Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act.
BACKGROUND:
A felony is the most serious type of crime. People can be sentenced to county jail or state prison
for felonies, depending on the crime and their criminal history. In some cases, people can be
supervised in the community by a county probation officer instead of serving some or all of their
sentence in jail or prison. The length of sentence mostly depends on the crime.
A misdemeanor is a less serious crime. Examples include assault and drug possession. People
can be sentenced to county jail, county community supervision, and/or a fine for misdemeanors.
Sentences can be up to one year in jail.
In 2014, Proposition 47 changed some theft and drug crimes from felonies to misdemeanors. For
example, shoplifting (stealing items worth $950 or less from a store) and drug possession
generally became misdemeanors. While Proposition 47 has resulted in measurable and positive
impacts to California’s criminal justice system, the cumulative effects of Proposition 47, along with
other criminal justice reforms that occurred at a similar time (Proposition 57 and Assembly Bill
109), have also had significant adverse effects resulting in public safety challenges. Most notably,
municipalities across California are reporting increases in property and violent crime that law
enforcement believe to be related to the legislative changes that have been enacted over the past
several years.
In 2017, a new coalition of California cities began advocating for the State to engage in further
discussions to identify solutions for addressing the unintended consequences of changes made
to California’s criminal justice system. The coalition, Taking Back our Community Coalition was
led by the Cities of Arcadia, Glendora, and Monrovia, with Monrovia acting as the lead
administrative agency.
The objectives of the Taking Back Our Community Coalition include:
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•To raise public awareness of why crime is increasing in our state.
•To provide a consistent message surrounding the facts and impacts of AB 109,
Proposition 47, and Proposition 57.
•To advocate for State legislative changes to improve law enforcement’s ability to respond
to crime.
On November 17, 2017, the City Council approved the City of Rancho Cucamonga to formally
join the Taking Back Our Community Coalition to support public safety-related legislative
advocacy efforts. The city has consistently advocated for enhancing public safety while preserving
the quality of life for residents and Proposition 36 is the most viable, effective, and timely option
for addressing the unintended consequences of Proposition 47.
ANALYSIS:
Proposition 36 makes several key changes related to punishments for theft and drug crimes and
include the following:
•Turns some misdemeanors into felonies. For example, theft of items worth $950 or less is
generally a misdemeanor. Proposition 36 makes this crime a felony if the person has two
or more past convictions for certain theft crimes, such as shoplifting, burglary, or
carjacking. The sentence would be up to three years in county jail or state prison. These
changes undo some of the punishment reductions in Proposition 47.
•Lengthens some felony sentences. For example, Proposition 36 allows felony sentences
for theft or damage of property to be lengthened by up to three years if three or more
people committed the crime together.
•Requires some felonies be served in prison. For example, sentences for selling certain
drugs, such as fentanyl, heroin, cocaine, or methamphetamine, can be lengthened based
on the amount sold. Currently, these sentences are served in county jail or state prison
depending on the person’s criminal history. Proposition 36 generally requires these
sentences be served in prison.
Proposition 36 also allows people who possess illegal drugs to be charged with a “treatment-
mandates felony,” instead of a misdemeanor, in some cases. Specifically, this applies to people
who (1) possess certain drugs, such as fentanyl, heroin, cocaine, or methamphetamine, and (2)
have two or more past convictions for some drug crimes, such as possessing or selling drugs.
These people would generally get treatment, such as mental health or drug treatment. Those who
finish treatment would have their charges dismissed. Those who do not finish treatment could
serve up to three years in state prison. This change undoes some of the punishment reductions
in Proposition 47.
Lastly, Proposition 36 requires courts to warn people that they could be charged with murder if
they sell or provide illegal drugs that kill someone. This warning would be given to people
convicted of selling or providing certain drugs, such as fentanyl, heroin, cocaine, and
methamphetamine. This could make it more likely for them to be convicted of murder if they later
sell or provide illegal drugs to someone who dies.
FISCAL IMPACT:
There is no direct fiscal impact associated with the adoption of the resolution in support of
Proposition 36, however if successful, Proposition 36 would likely increase state and local criminal
justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions
of dollars each year due to increased prison population and an increase in court/court-related
workload for prosecutors, public defenders, and probation/behavioral health professionals.
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COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item aligns with City Council’s values of providing and nurturing a high quality of life for all,
promoting and enhancing a safe and healthy community for all, and the relentless pursuit of
improvement by protecting our community and holding individuals accountable.
ATTACHMENTS:
Attachment 1 – Resolution No. 2024-096
Page 361
Resolution No. XXX - Page 1 of 1
RESOLUTION NO. 2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING
CALIFORNIA PROPOSITION 36, THE HOMELESSNESS, DRUG
ADDICTION, AND THEFT REDUCTION ACT
WHEREAS, while Prop 47 achieved notable success in making California’s criminal justice
system more equitable, Prop 47 has also led to unintended consequences over the past decade.
WHEREAS, Prop 47 has contributed to increases in repeat and often organized retail
theft, the shuttering of local businesses, and difficulty convincing people to seek drug and mental
health treatment.
WHEREAS, these unintended consequences can only be corrected by the voters at the
ballot box with modest amendments to Prop 47.
WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bi-
partisan measure that provides common sense, targeted reforms to Prop 47 that, with the recently
adopted legislative Retail Theft Package, provide more tools to increase safety in our
communities.
WHEREAS, spikes in retail theft, violent smash-and-grab robberies, fentanyl deaths and
illicit drug use, as well as strained social services, are creating challenges beyond the capacity of
local governments.
WHEREAS, Cities are partnering with the state to advance solutions that help reduce crime
and provide more support to residents struggling with substance abuse, while avoiding a return
to the days of mass incarceration.
WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act will
define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and
grant judges greater discretion in sentencing drug traffickers.
WHEREAS, Breaking the cycle of repeat offenders means addressing the many root
causes of retail theft.
WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act allows
critical behavioral health services, drug treatment, and job training within our justice system for
people who are homeless and suffering from mental illness or struggling with substance abuse.
WHEREAS, it’s time for meaningful and tailored reforms to our justice system to ensure
the safety of our communities.
NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA formally supports Proposition 36, the Homelessness,
Drug Addiction, and Theft Reduction act and the benefit that it provides for our community’s
safety.
PASSED, APPROVED AND ADOPTED this 2nd day of October 2024.
ATTACHMENT 1
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PROP. 36
THE HOMELESSNESS, DRUG
ADDICTION, AND THEFT
REDUCTION ACT
October 2 , 2024
BACKGROUND
In 2014, Proposition 47 reclassified certain theft and drug offenses from
felonies to misdemeanors, leading to significant adverse effects and public
safety challenges.
TAKING BACK OUR COMMUNITY COALITION
In November 2017, the City
Council approved the City of
Rancho Cucamonga to formally
join the Taking Back Our
Community Coalition to support
public safety-related legislative
advocacy efforts.
PROPOSITION 36
Makes several key changes related to punishments for theft and
drug crimes:
•Turns some misdemeanors into felonies.
•Lengthens some felony sentences.
PROPOSITION 36
•Requires some felonies be served in prison.
•Allows certain people who possess illegal drugs be charged with
a “treatment-mandated felony” instead of a misdemeanor.
•Requires courts to warn people that they could be charged with
murder if they sell or provide illegal drugs that kill someone.
RECOMMENDATION
Staff recommends the City Council adopt the Resolution
supporting California’s Proposition 36, Homelessness, Drug
Addiction, and Theft Reduction Act.
THANK YOU!
DATE:October 2, 2024
TO:President and Members of the Board of Directors of the Successor
Agency to the Rancho Cucamonga Redevelopment Agency
FROM:John R. Gillison, City Manager
INITIATED BY:Tori Roberts, Interim Finance Director
Rick Flinchum, Finance Manager
SUBJECT:Consideration of Resolution No. SA 2024-001 of the Successor Agency
to the Rancho Cucamonga Redevelopment Agency, Approving the
Issuance of Refunding Bonds in Order to Refund Certain of its
Outstanding Bonds, Approving the Execution and Delivery of a Seventh
Supplemental Indenture Relating Thereto, Requesting Oversight Board
Approval of the Issuance of the Refunding Bonds, Requesting Certain
Determinations by the Oversight Board, and Providing for Other Matters
Properly Relating Thereto. (RESOLUTION NO. SA 2024-001)
(CITY/SUCCESSOR AGENCY)
RECOMMENDATION:
Staff recommends the Board of Directors:
1. Adopt Resolution No. SA 2024-001 of the Successor Agency to the Rancho Cucamonga
Redevelopment Agency Approving the Issuance of Refunding Bonds in Order to Refund
Certain of its Outstanding Bonds, Approving the Execution and Delivery of a Seventh
Supplemental Indenture Relating Thereto, Requesting Oversight Board Approval of the
Issuance of the Refunding Bonds, Requesting Certain Determinations by the Oversight
Board, and Providing for Other Matters Properly Relating Thereto; and
2. Approve and authorize the Debt Service Savings Analysis to be presented to the
Countywide Oversight Board (the “Oversight Board”) and be submitted to the Department
of Finance as required by Redevelopment Agency Dissolution Act; and
3. Request Oversight Board approval of the issuance of the refunding bonds.
BACKGROUND:
The Successor Agency to the Rancho Cucamonga Redevelopment Agency (the “Successor
Agency”) previously issued its $174,050,000 Successor Agency to the Rancho Cucamonga
Redevelopment Agency Rancho Redevelopment Project Area Tax Allocation Refunding Bonds,
Series 2014 (the “Prior Bonds”) for the purpose of refinancing certain outstanding bonds of the
Rancho Cucamonga Redevelopment Agency (the “Former Agency”). The Successor Agency
proposed to issue its Rancho Redevelopment Project Area Tax Allocation Refunding Bonds,
Series 2025 (the “Refunding Bonds”).
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California Health and Safety Code (“HSC”) Section 34177.5(a)(1), authorizes successor agencies
the ability to refund outstanding bonds. The issuance of refunding bonds under the HSC section
34177.5, which was added to the Redevelopment Agency Dissolution Act (“RDA Dissolution Act”)
by AB 1484, authorizes the Successor Agency to issue bonds for the purpose of refunding
outstanding tax allocation bonds of the Redevelopment Agency or the Successor Agency to
provide debt service savings provided that (A) the total interest cost to maturity on the refunding
bonds plus the principal amount of the refunding bonds does not exceed the total remaining
interest cost to maturity on the bonds to be refunded plus the remaining principal of the bonds to
be refunded, and (B) the principal amount of the refunding bonds does not exceed the amount
required to defease the refunded bonds, to establish customary debt service reserves, and to pay
related costs of issuance.
In order to issue bonds to finance and refinance the activities of the Former Agency, the Former
Agency and the Successor Agency entered into a Trust Indenture, dated as of March 1,1990,
between the Former Agency and Bank of America National Trust and Savings Association, as
succeeded by the Trustee (the “Indenture”), as amended and supplemented by that First
Supplemental Indenture, dated as of January 1, 1994, between the Former Agency and Bank of
America, as succeeded by the Trustee (the “First Supplemental Indenture”); a Second
Supplemental Indenture between the Former Agency and U.S. Bank Trust National Association,
as succeeded by the Trustee (the “Second Supplement”), dated as of August 1, 1999; a Third
Supplemental Indenture between the Former Agency and Trustee, formerly known as Wells Fargo
Bank National Association (the “Third Supplement”), dated as of August 1, 2001; a Fourth
Supplemental Indenture between the Former Agency and Trustee, formerly known as Wells Fargo
Bank National Association (the “Fourth Supplement”), dated as of March 1, 2004, for the purpose
of financing and refinancing redevelopment activities; a Fifth Supplemental Indenture between
the Successor Agency and the Trustee, formerly known as Wells Fargo Bank National Association
(the “Fifth Supplement”), dated July 1, 2014; and a Sixth Supplemental Indenture between the
Successor Agency and the Trustee, formerly known as Wells Fargo Bank National Association
(the “Sixth Supplement”) dated October 1, 2016 (collectively with the Indenture, First Supplement,
Second Supplement, Third Supplement, Fourth Supplement, Fifth Supplement, Sixth
Supplement, the “Original Indenture”).
In order to refund the Prior Bonds, the Successor Agency must approve the issuance of the
Refunding Bonds pursuant to the Original Indenture and approve the form of and authorize the
execution and delivery of a Seventh Supplemental Indenture, by and between the Successor
Agency and Computershare Trust Company, National Association, as Trustee (the “Seventh
Supplemental Indenture”) and the Irrevocable Refunding Instructions (the “Irrevocable Refunding
Instructions”), which have been presented at this meeting.
The Continuing Disclosure Certificate must be executed and delivered by the Successor Agency
for the benefit of the holders and beneficial owners of the Refunding Bonds and in order to assist
the underwriter in complying with Securities and Exchange Commission (“S.E.C.”) Rule 15c2-
12(b)(5).
Under the HSC, the Successor Agency must authorize the issuance of the Refunding Bonds and
prepare a debt service savings analysis (the “Debt Service Savings Analysis”) which must be
approved by the San Bernardino Countywide Oversight Board. If approved, the California
Department of Finance will commence a review period of the Refunding Bonds of up to sixty-five
days. The DOF review period is expected to end earlier, but no later than on December 23, 2024,
and the refunding is expected to close in January of 2025.
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ANALYSIS:
In order to determine compliance with the Savings Parameters for purposes of the issuance by
the Refunding Bonds, the Successor Agency has caused its municipal advisor, Fieldman, Rolapp
& Associates, Inc. (the “Municipal Advisor”), to prepare an analysis of the potential savings that
will accrue to the Successor Agency. This analysis includes an evaluation of the savings for all
applicable effected taxing entities resulting from the use of the proceeds of the Refunding Bonds
to repay all or a portion of the Prior Bonds and, thereby, to refund all or a portion of the Prior
Bonds (the “Debt Service Savings Analysis”).
The Debt Service Savings Analysis has determined that the proposed refunding of the Prior
Bonds through the issuance of the Refunding Bonds satisfies the applicable HSC sections.
(A) The total interest cost to maturity on the proposed Refunding Bonds plus the principal
amount of the Refunding Bonds does not exceed the total remaining interest cost to maturity on
the Prior Bonds to be refunded plus the remaining principal of the Prior Bonds to be refunded.
(B) The $90,705,000.00 in principal amount of the Refunding Bonds does not exceed the
amount required to defease the Prior Bonds, to establish customary debt service reserves, and
to pay related costs of issuance.
The net effect of the proposed refunding bonds based on current bond market conditions and
the proposed bond defeasance is expected to reduce current total bond debt service from
$119,557,250.00 to $110,161,912.50, a reduction of $9,395,337.50. This amount is expected to
be available as increased residual to impacted tax entities.
The approval of the attached resolution will authorize the issuance of the Refunding Bonds,
execution of the Seventh Supplemental Indenture, Irrevocable Refunding Instructions, and
Continuing Disclosure Certificate and allow for the debt service savings described. Following
approval by the CWOB, the staff will return to the City Council for approval of a Preliminary Official
Statement and Bond Purchase Agreement.
FISCAL IMPACT:
Pursuant to the Dissolution Act, the City has elected to serve as the Successor Agency, however
the Dissolution Act expressly clarifies that the City and the Successor Agency are legally separate
public entities. Based on current market conditions, the proposed refunding is estimated to result
in total debt service savings of $9,395,337.50. These savings are allocated proportionally to the
applicable taxing entities, which include the City and the City Fire District, among others. Of the
estimated total gross annual savings, 5.04% will be allocated to the City, 12.31% will be allocated
to the City’s Fire Protection District, and the remaining 82.65% will be passed on to the other
taxing entities. The table below shows the aggregate projected annual savings as well as the
combined annual savings from the City’s and the City’s Fire Protection District’s shares of the
aggregate projected annual savings.
Page 365
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COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
The adoption of this resolution supports the City Council’s core value of providing and nurturing
a high quality of life for all by demonstrating the active, prudent fiscal management of the City’s
financial resources in order to support the various services the City provides to all Rancho
Cucamonga stakeholders.
ATTACHMENTS:
Attachment 1 – Resolution No. SA 2024-001 of the Successor Agency to the Rancho
Cucamonga Redevelopment Agency
Attachment 2 – Seventh Supplemental Indenture
Attachment 3 – Irrevocable Refunding Instructions
Attachment 4 – Continuing Disclosure Certificate
Attachment 5 – Debt Service Savings Analysis
Page 366
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Resolution No. SA 2024-001 - Page 1 of 9
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RESOLUTION NO. SA 2024-001
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE
RANCHO CUCAMONGA REDEVELOPMENT AGENCY
APPROVING THE ISSUANCE OF REFUNDING BONDS IN
ORDER TO REFUND CERTAIN OF ITS OUTSTANDING BONDS,
APPROVING THE EXECUTION AND DELIVERY OF A SEVENTH
SUPPLEMENTAL INDENTURE RELATING THERETO,
REQUESTING OVERSIGHT BOARD APPROVAL OF THE
ISSUANCE OF THE REFUNDING BONDS, REQUESTING
CERTAIN DETERMINATIONS BY THE OVERSIGHT BOARD,
AND PROVIDING FOR OTHER MATTERS PROPERLY
RELATING THERETO
WHEREAS, the Rancho Cucamonga Redevelopment Agency (the “Former
Agency”) was a public body, corporate and politic, duly established and authorized to transact
business and exercise powers under and pursuant to the provisions of the Community
Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the Health and
Safety Code of the State (the “Redevelopment Law”); and
WHEREAS, a plan for the redevelopment project known and designated as the
“Rancho Project Area Rancho Cucamonga Redevelopment Agency Plan” (the “Redevelopment
Plan”) for that certain project area described in the Redevelopment Plan (the “Project Area”) was
adopted and approved by Resolution No. RA 81-14 on December 23, 1981, as amended pursuant
to Ordinance No. 316A on August 13, 1987, Ordinance No. 537 on November 16, 1994,
Ordinance No. 657 on June 20, 2001, and Ordinance No. 674 on January 16, 2002, and all
requirements of law for and precedent to the adoption and approval of the Redevelopment Plan
have been duly complied with; and
WHEREAS, to finance and refinance redevelopment activities through the
issuance of bonds the Former Agency and subsequently the Successor Agency entered into a
Trust Indenture, dated as of March 1,1990, between the Former Agency and Computershare
Trust Company, N.A. (the “Trustee”), as successor to Bank of America National Trust and Savings
Association, as trustee (the “Indenture”), as amended and supplemented by that First
Supplemental Indenture, dated as of February 1, 1994, between the former Agency and Trustee,
as successor to Bank of America National Trust and Savings Association, as trustee (the “First
Supplemental Indenture”), a Second Supplemental Indenture between the Former Agency and
Trustee, as successor to U.S. Bank Trust National Association, as trustee (the “Second
Supplement”), dated as of August 1, 1999, the Third Supplemental Indenture between the Former
Agency and Trustee, as successor to Wells Fargo Bank National Association, as trustee (the
“Third Supplement”), dated as of August 1, 2001, the Fourth Supplemental Indenture between
the Former Agency and Trustee, as successor to Wells Fargo Bank National Association, as
trustee (the “Fourth Supplement”), dated as of March 1, 2004 for the purpose of financing and
refinancing redevelopment activities with respect to the Redevelopment Project, the Fifth
Supplemental Indenture between the Successor Agency and the Trustee, as successor to Wells
Fargo Bank, N.A. as trustee (the “Fifth Supplement”), dated July 1, 2014, and a Sixth
Supplemental Indenture between the Successor Agency and the Trustee, as successor to Wells
Fargo Bank N.A., as trustee (the “Sixth Supplement”) dated October 1, 2016 (collectively with the
Indenture, First Supplement, Second Supplement, Third Supplement, Fourth Supplement, Fifth
Supplement, the “Original Indenture”); and
ATTACHMENT 1
Page 367
Resolution No. 2024-XXX - Page 2 of 8
WHEREAS, by implementation of California Assembly Bill X1 26, which amended
provisions of the California Redevelopment Law, (found at Health and Safety Code Section 33000,
et.seq.) and the California Supreme Court’s decision in California Redevelopment Association v.
Matosantos, the Former Agency was dissolved on February 1, 2012 in accordance with California
Assembly Bill X1 26 approved by the Governor of the State of California on June 28, 2011 ("AB
26"), and on February 1, 2012, the Successor Agency, in accordance with and pursuant to AB
26, assumed the duties and obligations set forth in AB 26 for the Former Agency, including,
without limitation, the obligations of the Former Agency under the Indenture, the First Supplement,
the Second Supplement, the Third Supplement and the Fourth Supplement and related
documents to which the Former Agency was a party; and
WHEREAS, Section 34177.5(a)(1) of the Dissolution Act authorizes the Successor
Agency to undertake proceedings for the refunding of outstanding bonds and other obligations of
the Former Agency, subject to the conditions precedent contained in said Section 34177.5; and
WHEREAS, Section 34177.5 authorizes the Successor Agency to issue refunding
bonds pursuant to Article 11 (commencing with Section 53580) of Chapter 3 of Part 1 of Division
2 of Title 5 of the Government Code (the “Refunding Law”) for the purpose of achieving debt
service savings within the parameters set forth in Section 34177.5(a)(1) (the “Savings
Parameters”); and
WHEREAS, the Successor Agency issued its $174,050,000 Successor Agency to
the Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Area Tax
Allocation Refunding Bonds, Series 2014 (the “Prior Bonds”) for the purpose of refinancing the
certain outstanding bonds of the Former Agency pursuant to the Indenture and the Fifth
Supplement; and
WHEREAS, to determine compliance with the Savings Parameters for purposes
of the issuance by the Successor Agency to the Rancho Cucamonga Redevelopment Agency
Rancho Redevelopment Project Area Tax Allocation Refunding Bonds, Series 2025 (the
“Refunding Bonds”), the Successor Agency has caused its municipal advisor, Fieldman, Rolapp
& Associates, Inc. (the “Municipal Advisor”), to prepare an analysis of the potential savings that
will accrue to the Successor Agency and to applicable taxing entities as a result of the use of the
proceeds of the Refunding Bonds to repay all or a portion of the Prior Bonds and, thereby, to
refund all or a portion of the Prior Bonds (the “Debt Service Savings Analysis”); and
WHEREAS, Section 5852.1 of the Government Code of the State of California
(“Section 5852.1”) provides that the Successor Agency obtain from an underwriter, financial
advisor or private lender and disclose, in a meeting open to the public, prior to authorization of
the issuance of the Refunding Bonds, good faith estimates of: (a) the true interest cost of the
Refunding Bonds, (b) the finance charge of the Refunding Bonds, meaning the sum of all fees
and charges paid to third parties, (c) the amount of proceeds of the Refunding Bonds received
less the finance charge described above and any reserves or capitalized interest paid or funded
with proceeds of the Bonds and (d) the sum total of all debt service payments on the Refunding
Bonds calculated to the final maturity of the Refunding Bonds plus the fees and charges paid to
third parties not paid with the proceeds of the Refunding Bonds; and
WHEREAS, in accordance with Section 5852.1, the Successor Agency has
obtained such good faith estimates from the Municipal Advisor and such estimates are disclosed
in Exhibit A attached hereto; and
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WHEREAS, in order to refund the Prior Bonds, the Successor Agency wishes at
this time to approve the issuance of the Refunding Bonds pursuant to the Original Indenture and
to approve the form of and authorize the execution and delivery of the Seventh Supplemental
Indenture, expected to be dated as of the first day of the month such bonds are issued, by and
between the Successor Agency and Computershare Trust Company, N.A., as trustee, providing
for the issuance of the Refunding Bonds (the “Seventh Supplemental Indenture”) and the
Irrevocable Refunding Instructions (the “Irrevocable Refunding Instructions”); and
WHEREAS, in order to provide for the authentication and delivery of the Refunding
Bonds, to establish and declare the terms and conditions upon which the Refunding Bonds are to
be issued and secured and to secure the payment of the principal thereof and interest and
redemption premium (if any) thereon, the Successor Agency and the Trustee have duly
authorized the execution and delivery of this Seventh Supplemental Indenture; and
WHEREAS, pursuant to Section 34179, an oversight board (the “Oversight Board”)
has been established for the Successor Agency; and
WHEREAS, the Successor Agency requests that the Oversight Board approve the
issuance of the Refunding Bonds pursuant to this Resolution, the Original Indenture and the
Seventh Supplemental Indenture; and
WHEREAS, the Successor Agency further requests that the Oversight Board
make certain determinations described below on which the Successor Agency will rely in
undertaking the refunding proceedings and the issuance of the Refunding Bonds; and
WHEREAS, the Successor Agency has determined to sell the Refunding Bonds
on a negotiated basis to Stifel, Nicolaus & Company, Incorporated (the “Underwriter”); and
WHEREAS, following approval by the Oversight Board of the issuance of the
Refunding Bonds by the Successor Agency and upon submission of the Oversight Board
Resolution to the California Department of Finance for its approval of the issuance of the
Refunding Bonds, the Successor Agency will, with the assistance of its Disclosure Counsel and
the Municipal Advisor, cause to be prepared a form of Official Statement describing the Refunding
Bonds and containing material information relating to the Successor Agency and the Refunding
Bonds, the preliminary form of which will be submitted to the Successor Agency for approval for
distribution by the Underwriter to persons and institutions interested in purchasing the Refunding
Bonds.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the
City Council of the City of Rancho Cucamonga, acting in its capacity as the legislative body of the
Successor Agency to the Rancho Cucamonga Redevelopment Agency, as follows:
Section 1.Determination of Savings. The Successor Agency has
determined that there are significant potential savings available to the Successor Agency and to
applicable taxing entities in compliance with the Savings Parameters by the issuance by the
Successor Agency of the Refunding Bonds to provide funds to refund and defease all or a portion
of the outstanding Prior Bonds, all as evidenced by the Debt Service Savings Analysis on file with
the of the Successor Agency, which Debt Service Savings Analysis is hereby approved.
Section 2.Approval of Issuance of the Bonds. The Successor Agency
hereby authorizes and approves the issuance of the Refunding Bonds under Health and Safety
Page 369
Resolution No. 2024-XXX - Page 4 of 8
Code Section 34177.5, the Refunding Law, the Original Indenture and the Seventh Supplemental
Indenture in the aggregate principal amount of not to exceed $96,000,000, provided that the
Refunding Bonds are in compliance with the Savings Parameters at the time of sale and delivery.
Section 3. Approval of Seventh Supplemental Indenture. The Successor
Agency hereby approves the Seventh Supplemental Indenture prescribing the terms and
provisions of the Refunding Bonds and the application of the proceeds of the Refunding Bonds.
Each of the Mayor, as the Chair and presiding officer of the Successor Agency, or the City
Manager of the City of Rancho Cucamonga, as the chief administrative officer of the Successor
Agency (each, an “Authorized Officer”), is hereby authorized and directed to execute and deliver,
and the Secretary of the Successor Agency, is hereby authorized and directed to attest to, the
Seventh Supplemental Indenture for and in the name and on behalf of the Successor Agency, in
substantially the form on file with the Secretary of the Successor Agency, with such changes
therein, deletions therefrom and additions thereto as the Authorized Officer executing the same
shall approve, such approval to be conclusively evidenced by the execution and delivery of the
Seventh Supplemental Indenture. The Successor Agency hereby authorizes the delivery and
performance of the Seventh Supplemental Indenture.
Section 4.Approval of Irrevocable Refunding Instructions. The form of the
Irrevocable Refunding Instructions on file with the Secretary is hereby approved and the
Authorized Officers are, each acting alone hereby authorized and directed, for and in the name
and on behalf of the Successor Agency, to execute and deliver the Irrevocable Refunding
Instructions. The Successor Agency hereby authorizes the delivery and performance of its
obligations under the Irrevocable Refunding Instructions by the Authorized Officers.
Section 5.Oversight Board Approval of the Issuance of the Bonds. The
Successor Agency hereby requests the Oversight Board as authorized by Section 34177.5(f) and
Section 34180 to approve the issuance of the Refunding Bonds pursuant to Section 34177.5(a)(1)
and this Resolution and the Seventh Supplemental Indenture.
Section 6.Determinations by the Oversight Board. The Successor Agency
requests that the Oversight Board make the following determinations upon which the Successor
Agency will rely in undertaking the refunding proceedings and the issuance of the Refunding
Bonds:
(a) The Successor Agency is authorized, as provided in Section 34177.5(f), to
recover its costs related to the issuance of the Refunding Bonds from the proceeds of the
Refunding Bonds, including the cost of reimbursing the City for administrative staff time
spent with respect to the authorization, issuance, sale and delivery of the Refunding
Bonds;
(b) The application of proceeds of the Refunding Bonds by the Successor
Agency to the refunding and defeasance of all or a portion of the Prior Bonds, as well as
the payment by the Successor Agency of costs of issuance of the Refunding Bonds, as
provided in Section 34177.5(a), shall be implemented by the Successor Agency promptly
upon sale and delivery of the Refunding Bonds notwithstanding Section 34177.3 or any
provision of law to the contrary without the approval of the Oversight Board, the California
Department of Finance, the San Bernardino County Auditor-Controller or any other person
or entity other than the Successor Agency;
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Resolution No. SA 2024-001 - Page 5 of 9
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(c) The Successor Agency shall be entitled to receive its full Administrative
Cost Allowance under Section 34181(a)(3) without any deductions with respect to
continuing costs related to the Refunding Bonds, such as trustee’s fees, auditing and fiscal
consultant fees and continuing disclosure and rating agency costs (collectively,
“Continuing Costs of Issuance”), and such Continuing Costs of Issuance shall be payable
from property tax revenues pursuant to Section 34183. In addition and as provided by
Section 34177.5(f), if the Successor Agency is unable to complete the issuance of the
Refunding Bonds for any reason, the Successor Agency shall, nevertheless, be entitled
to recover its costs incurred with respect to the refunding proceedings from such property
tax revenues pursuant to Section 34183 without reduction in its Administrative Cost
Allowance.
Section 7.Filing of Debt Service Savings Analysis and Resolution. The
Secretary of the Successor Agency is hereby authorized and directed to file the Debt Service
Savings Analysis, together with a certified copy of this Resolution, with the Oversight Board, and,
as provided in Section 34180(j) with the San Bernardino County Administrative Officer, the San
Bernardino County Auditor-Controller and the California Department of Finance.
Section 8. Sale of Refunding Bonds. The Successor Agency hereby
approves the sale of the Refunding Bonds by the Successor Agency to the Underwriter pursuant
to the terms of a bond purchase agreement (the “Purchase Contract”) to be entered into with the
Underwriter. Following approval by the Oversight Board of the issuance of the Refunding Bonds
by the Successor Agency and upon submission of the Oversight Board Resolution to the
California Department of Finance, the Successor Agency will, with the assistance of Best Best &
Krieger LLP, its Bond Counsel, and the Municipal Advisor, work with the Underwriter to prepare
a form of the Purchase Contract, the preliminary form of which will be submitted to the Successor
Agency for approval. The Underwriter’s discount (not including issue discount) may not exceed
0.75% of the principal amount of the Refunding Bonds.
Section 9.Issuance of Refunding Bonds in Whole or in Part. It is the intent
of the Successor Agency to sell and deliver the Refunding Bonds in whole, provided that there is
compliance with the Savings Parameters. However, the Successor Agency will initially authorize
the sale and delivery of the Refunding Bonds in whole or, if such Savings Parameters cannot be
met with respect to the whole, then in part; provided that the Refunding Bonds so sold and
delivered in part are in compliance with the Savings Parameters. The sale and delivery of the
Refunding Bonds in part will in each instance provide sufficient funds only for the refunding of that
portion of the Refunding Bonds that meet the Savings Parameters. In the event the Refunding
Bonds are initially sold in part, the Successor Agency intends to sell and deliver additional parts
of the Refunding Bonds pursuant to an additional supplement to the Indenture without the prior
approval of the Oversight Board provided that in each such instance the Refunding Bonds so sold
and delivered in part are in compliance with the Savings Parameters.
Section 10.Municipal Bond Insurance and Surety Bonds. The Authorized
Officers, each acting alone, are hereby authorized and directed to take all actions necessary to
obtain a municipal bond insurance policy for the Refunding Bonds and reserve account surety
bonds for the Refunding Bonds from a municipal bond insurance company if it is determined,
upon consultation with the Municipal Advisor to the Successor Agency and the Underwriter, that
such municipal bond insurance policy and/or surety bonds will reduce the true interest cost or
increase cash flow savings with respect to the Refunding Bonds.
Page 371
Resolution No. 2024-XXX - Page 6 of 8
Section 11.Approval of Official Statement. Following approval by the
Oversight Board of the issuance of the Refunding Bonds by the Successor Agency and upon
submission of the Oversight Board Resolution to the California Department of Finance for its
approval of the issuance of the Refunding Bonds and the Successor Agency will, with the
assistance of their Disclosure Counsel and the Municipal Advisor, cause to be prepared a form of
Official Statement describing the Refunding Bonds and containing material information relating to
the Successor Agency and the Refunding Bonds, the preliminary form of which will be submitted
to the Successor Agency for approval for distribution by the underwriter of the Refunding Bonds
to persons and institutions interested in purchasing the Refunding Bonds.
Section 12.Official Actions. The Authorized Officers and any and all other
officers of the Successor Agency are hereby authorized and directed, for and in the name and on
behalf of the Successor Agency, to do any and all things and take any and all actions, which they,
or any of them, may deem necessary or advisable in obtaining the requested approvals by the
Oversight Board and the California Department of Finance and in the issuance, sale and delivery
of the Refunding Bonds. Whenever in this Resolution any officer of the Successor Agency is
directed to execute or countersign any document or take any action, such execution,
countersigning or action may be taken on behalf of such officer by any person designated by such
officer to act on his or her behalf in the case such officer is absent or unavailable.
Section 13.Effective Date. This Resolution shall take effect immediately upon
its adoption.
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PASSED, APPROVED, AND ADOPTED this 2nd day of October, 2024.
AYES:
NOES:
ABSENT:
ABSTAINED:
_________________________________
L. Dennis Michael, Mayor
ATTEST:
___________________________________
Janice C. Reynolds, City Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing was duly passed, approved and adopted by the
Successor Agency to the Rancho Cucamonga Redevelopment Agency, at a regular meeting of
said Successor Agency held on the 2nd day of October, 2024.
Executed this 2nd day of October, 2024, at Rancho Cucamonga, California.
____________________________
Janice C. Reynolds, Secretary
Page 373
Resolution No. 2024-XXX - Page 8 of 8
EXHIBIT A
GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the
Refunding Bonds in accordance with California Government Code Section 5852.1. Such good
faith estimates have been provided to the Successor Agency by the Municipal Advisor in
consultation with the Underwriter.
Principal Amount. The Municipal Advisor has informed the Successor Agency that,
based on the financing plan and current market conditions, it’s good faith estimate of the
aggregate principal amount of the Refunding Bonds to be sold is $90,705,000 (the “Estimated
Principal Amount”), which excludes approximately $8,724,300 of net premium estimated to be
generated based on current market conditions. Net premium is generated when, on a net
aggregate basis for a single issuance of bonds, the price paid for such bonds is higher than the
face value of the bonds.
True Interest Cost of the Refunding Bonds. The Municipal Advisor has informed
the Successor Agency that, assuming that the Estimated Principal Amount of the Refunding
Bonds is sold, and based on market interest rates prevailing at the time of preparation of such
estimate, its good faith estimate of the true interest cost of the Refunding Bonds, which means
the rate necessary to discount the amounts payable on the respective principal and interest
payment dates to the purchase price received for the Refunding Bonds, is 2.70%.
Finance Charge of the Refunding Bonds. The Municipal Advisor has informed the
Successor Agency that, assuming that the Estimated Principal Amount of the Refunding Bonds
is sold, and based on market interest rates prevailing at the time of preparation of such estimate,
its good faith estimate of the finance charge for the Refunding Bonds, which means the sum of
all fees and charges paid to third parties (or costs associated with the Refunding Bonds), is
$1,163,203.
Amount of Proceeds to be Received. The Municipal Advisor has informed the
Successor Agency that, assuming that the Estimated Principal Amount of the Refunding Bonds
is sold, and based on market interest rates prevailing at the time of preparation of such estimate,
its good faith estimate of the amount of proceeds expected to be received by the Successor
Agency, on behalf of the City, for the sale of the Refunding Bonds, less the finance charge of the
Refunding Bonds, as estimated above, and any reserves or capitalized interest paid or funded
with proceeds of the Refunding Bonds, is $98,266,097.
Total Payment Amount. The Municipal Advisor has informed the Successor
Agency that, assuming that the Estimated Principal Amount of the Refunding Bonds is sold, and
based on market interest rates prevailing at the time of preparation of such estimate, its good faith
estimate of the total payment amount, which means the sum total of all payments the Successor
Agency will make to pay debt service on the Refunding Bonds, plus the finance charge for the
Refunding Bonds, as described above, not paid with the proceeds of the Refunding Bonds,
calculated to the final maturity of the Refunding Bonds, is $110,185,913 (excluding any offsets
from reserves or capitalized interest).
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The foregoing estimates constitute good faith estimates only. The actual principal
amount of the Refunding Bonds issued and sold, the true interest cost thereof, the finance charges
thereof, the amount of proceeds received therefrom and total payment amount with respect
thereto may differ from such good faith estimates due to (a) the actual date of the sale of the
Refunding Bonds being different than the date assumed for purposes of such estimates, (b) the
actual principal amount of Refunding Bonds sold being different from the Estimated Principal
Amount, (c) the actual amortization of the Refunding Bonds being different than the amortization
assumed for purposes of such estimates, (d) the actual market interest rates at the time of sale
of the Refunding Bonds being different than those estimated for purposes of such estimates, (e)
other market conditions, or (f) alterations in the financing plan or finance charges, or a combination
of such factors. The actual date of sale of the Refunding Bonds and the actual principal amount
of Refunding Bonds sold will be determined by the Successor Agency, on behalf of the City, based
on the timing of the need for proceeds of the Refunding Bonds and other factors. The actual
interest rates borne by the Refunding Bonds will depend on market interest rates at the time of
sale thereof. The actual amortization of the Refunding Bonds will also depend, in part, on market
interest rates at the time of sale thereof. Market interest rates are affected by economic and other
factors beyond the control of the Successor Agency.
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09960.00000\42614389.3
SEVENTH SUPPLEMENTAL INDENTURE
by and between the
SUCCESSOR AGENCY TO THE
RANCHO CUCAMONGA REDEVELOPMENT AGENCY
and
COMPUTERSHARE TRUST COMPANY, NATIONAL ASSOCIATION
as Trustee
Dated as of [January 1, 2025]
Relating to
$__________
Successor Agency to the Rancho Cucamonga Redevelopment Agency
Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2025
ATTACHMENT 2
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TABLE OF CONTENTS
Page
-i-
ARTICLE I
STATUTORY AUTHORITY AND DEFINITIONS
Section 1.01. Authority for Seventh Supplemental Indenture................................................4
Section 1.02. Seventh Supplemental Indenture Constitutes Contract ....................................4
Section 1.03. Definitions ........................................................................................................5
ARTICLE II
THE SERIES 2025 BONDS
Section 2.01. Authorization..................................................................................................13
Section 2.02. Nature of Series 2025 Bonds..........................................................................14
Section 2.03. Terms of Series 2025 Bonds...........................................................................14
Section 2.04. Form of Series 2025 Bonds............................................................................15
Section 2.05. Temporary Series 2025 Bonds........................................................................15
Section 2.06. Interest ............................................................................................................15
Section 2.07. Payment of Series 2025 Bonds.......................................................................16
Section 2.08. Execution of Series 2025 Bonds.....................................................................16
Section 2.09. Transfer of Series 2025 Bonds .......................................................................17
Section 2.10. Exchange of Series 2025 Bonds.....................................................................17
Section 2.11. Series 2025 Bond Register..............................................................................17
Section 2.12. Series 2025 Bonds Mutilated, Lost, Destroyed, or Stolen..............................17
Section 2.13. Redemption of Series 2025 Bonds. ................................................................18
ARTICLE III
ISSUANCE OF SERIES 2025 BONDS; DISPOSITION OF PROCEEDS
Section 3.01. Issuance and Delivery of Series 2025 Bonds .................................................18
Section 3.02. Disposition of Series 2025 Bond Proceeds.....................................................19
Section 3.03. Validity of the Series 2025 Bonds..................................................................20
Section 3.04. Costs of Issuance Fund...................................................................................20
Section 3.05. Refunding Fund..............................................................................................20
ARTICLE IV
TAX REVENUES; SPECIAL FUND AND ACCOUNTS
Section 4.01. Receipt, Deposit and Application of Tax Revenues.......................................20
Section 4.02. Funds to be Set Aside in Accounts.................................................................20
ARTICLE V
DISCHARGE OF SEVENTH SUPPLEMENTAL INDENTURE; ADDITIONAL
COVENANTS; MISCELLANEOUS
Section 5.01. Punctual Payment ...........................................................................................21
Section 5.02. Continuing Disclosure....................................................................................21
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Section 5.03. Limitation on Additional Indebtedness ..........................................................21
Section 5.04. Extension of Payment of Series 2025 Bonds..................................................21
Section 5.05. Payment of Claims..........................................................................................21
Section 5.06. Books and Accounts; Financial Statements....................................................22
Section 5.07. Protection of Security and Rights of Owners.................................................22
Section 5.08. Payments of Taxes and Other Charges...........................................................22
Section 5.09. Maintenance of Tax Revenues........................................................................22
Section 5.10. Compliance with the Law; Recognized Obligation Payment Schedules........23
Section 5.11. Notice of Insufficiency...................................................................................23
Section 5.12. Tax Covenants Relating to the Series 2025 Bonds.........................................23
Section 5.13. Further Assurances .........................................................................................24
Section 5.14. Unclaimed Moneys.........................................................................................24
Section 5.15. Bank Owned Obligations................................................................................25
ARTICLE VI
BOOK-ENTRY SYSTEM
Section 6.01. Book-Entry System; Limited Obligation of Successor Agency.....................25
Section 6.02. Representation Letter......................................................................................26
Section 6.03. Transfers Outside Book-Entry System...........................................................26
Section 6.04. Payments to the Nominee...............................................................................26
Section 6.05. Initial Depository and Nominee......................................................................26
ARTICLE VII
[MUNICIPAL BOND INSURANCE; SURETY POLICY]
ARTICLE VIII
DISCHARGE OF INDENTURE; MISCELLANEOUS
Section 8.01. Discharge of Seventh Supplemental Indenture...............................................27
Section 8.02. Governing Law...............................................................................................27
Section 8.03. Article and Section Headings and References................................................27
Section 8.04. Execution of Counterparts..............................................................................27
Section 8.05. Notices and Demands.....................................................................................27
Section 8.06. Ratification of Original Indenture ..................................................................28
Section 8.07. Amendment.....................................................................................................28
Section 8.08. Termination.....................................................................................................28
EXHIBIT A – FORM OF SERIES 2025 BOND.......................................................................A-1
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INDENTURE OF TRUST
THIS SEVENTH SUPPLEMENTAL INDENTURE is made and entered into as of
[January 1, 2025], by and between the SUCCESSOR AGENCY TO THE RANCHO
CUCAMONGA REDEVELOPMENT AGENCY, a public entity created and existing under, and
by virtue of the laws of the State of California (the “Successor Agency”) as Successor to the
Rancho Cucamonga Redevelopment Agency (the “Former Agency”), and COMPUTERSHARE
TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association organized and
existing under the laws of the United States of America and authorized to accept and execute trusts
of the character herein set out with its principal corporate trust office located in St. Paul,
Minnesota, as trustee (the “Trustee”).
WHEREAS, the Rancho Cucamonga Redevelopment Agency (the “Former Agency”) was
a public body, corporate and politic, duly established and authorized to transact business and
exercise powers under and pursuant to the provisions of the Community Redevelopment Law of
the State of California, constituting Part 1 of Division 24 of the Health and Safety Code of the
State (the “Redevelopment Law”);
WHEREAS, a plan for the redevelopment project known and designated as the “Rancho
Project Area Rancho Cucamonga Redevelopment Agency Plan” (the “Redevelopment Plan”) for
that certain project area described in the Redevelopment Plan (the “Project Area”) was adopted
and approved by Resolution No. RA 81-14 on December 23, 1981, as amended pursuant to
Ordinance No. 316A on August 13, 1987, Ordinance No. 537 on November 16, 1994, Ordinance
No. 657 on June 20, 2001, and Ordinance No. 674 on January 16, 2002, and all requirements of
law for and precedent to the adoption and approval of the Redevelopment Plan have been duly
complied with; and
WHEREAS, for the purpose of financing and refinancing activities of the Former Agency
through the issuance of bonds, the Former Agency previously entered into that certain Trust
Indenture, dated as of March 1, 1990, between the former Agency and Trustee, as successor to
Bank of America National Trust and Savings Association, as amended and supplemented by the
First Supplemental Indenture between the Former Agency and the Trustee, as successor to Bank
of America National Trust and Savings Association, as trustee (the “First Supplemental
Indenture”), dated as of February 1, 1994; the Second Supplemental Indenture between the Former
Agency and the Trustee, as successor to U.S. Bank Trust National Association, as trustee (the
“Second Supplemental Indenture”), dated as of August 1, 1999; the Third Supplemental Indenture
between the Former Agency and the Trustee, as successor to Wells Fargo Bank National
Association, as trustee (the “Third Supplemental Indenture”), dated as of August 1, 2001; the
Fourth Supplemental Indenture between the Former Agency and Trustee, as successor to Wells
Fargo Bank National Association, as trustee (the “Fourth Supplemental Indenture”), dated as of
March 1, 2004; the Fifth Supplemental Indenture between the Successor Agency and the Trustee,
as successor to Wells Fargo Bank, N.A., as trustee (the “Fifth Supplemental Indenture”), dated
July 1, 2014; and the Sixth Supplemental Indenture between the Successor Agency and the
Trustee, as successor to Wells Fargo Bank, N.A., as trustee (the “Sixth Supplemental Indenture”)
dated October 1, 2016 (collectively, the “Original Indenture”), and
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WHEREAS, by implementation of California Assembly Bill X1 26, which amended
provisions of the California Redevelopment Law, (found at Health and Safety Code Section 33000,
et.seq.) and the California Supreme Court’s decision in California Redevelopment Association v.
Matosantos, the Former Agency was dissolved on February 1, 2012 in accordance with California
Assembly Bill X1 26 approved by the Governor of the State of California on June 28, 2011 ("AB
26"), and on February 1, 2012, the Successor Agency, in accordance with and pursuant to AB 26,
assumed the duties and obligations set forth in AB 26 for the Former Agency, including, without
limitation, the obligations of the Former Agency under the Indenture, the First Supplement, the
Second Supplement, the Third Supplement and the Fourth Supplement and related documents to
which the Former Agency was a party; and
WHEREAS, Section 34177.5(a)(1) of the Dissolution Act authorizes the Successor
Agency to undertake proceedings for the refunding of outstanding bonds and other obligations of
the Former Agency, subject to the conditions precedent contained in said Section 34177.5; and
WHEREAS, said Section 34177.5 also authorizes the Successor Agency to issue bonds
pursuant to Article 11 (commencing with Section 53580) of Chapter 3 of Part 1 of Division 2 of
Title 5 of the Government Code (the “Refunding Law”) for the purpose of achieving debt service
savings within the parameters set forth in said Section 34177.5; and
WHEREAS, the Successor Agency issued its $174,050,000 Successor Agency to the
Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Area Tax Allocation
Refunding Bonds, Series 2014 (the “Prior Bonds”) for the purpose of refinancing the certain
outstanding bonds of the Former Agency pursuant to the Indenture and a Fifth Supplement; and
WHEREAS, the Successor Agency issued its $56,860,000 Successor Agency to the
Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Area Tax Allocation
Refunding Bonds, Series 2016 for the purpose of refinancing the Former Agency’s $73,305,000
Rancho Redevelopment Project Housing Set-Aside Tax Allocation Bonds 2007 Series A Bonds
pursuant to the Indenture and the Sixth Supplement; and
WHEREAS, the Successor Agency has determined that it will achieve debt service savings
within such parameters by the issuance pursuant to the Redevelopment Law, the Dissolution Act,
and the Refunding Law of its $__________ aggregate principal amount of Successor Agency to
the Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Area Tax
Allocation Refunding Bonds, Series 2025 (the “Series 2025 Bonds”) in order to refund, on a
current basis, the outstanding Prior Bonds; and
WHEREAS, in order to provide for the authentication and delivery of the Series 2025
Bonds, to establish and declare the terms and conditions upon which the Series 2025 Bonds are to
be issued and secured and to secure the payment of the principal thereof and interest and
redemption premium (if any) thereon, the Successor Agency and the Trustee have duly authorized
the execution and delivery of this Seventh Supplemental Indenture; and
WHEREAS, all acts and proceedings required by law necessary to make the Series 2025
Bonds when executed by the Successor Agency, and authenticated and delivered by the Trustee,
the valid, binding and legal special obligations of the Successor Agency, and to constitute this
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Seventh Supplemental Indenture a legal, valid and binding agreement for the uses and purposes
herein set forth in accordance with its terms, have been done or taken; and
WHEREAS, all conditions set forth in Section 3.05 of the Original Indenture for the
issuance of parity bonds have been satisfied; and
WHEREAS, pursuant to the Resolution, the Successor Agency has determined to issue
the Series 2025 Bonds and to enter into this Seventh Supplemental Indenture to secure the Series
2025 Bonds by a pledge and assignment of the Tax Revenues and certain proceeds of the Series
2025 Bonds; and
WHEREAS, all things necessary to cause the Series 2025 Bonds, when authenticated by
the Trustee and issued as in this Seventh Supplemental Indenture provided, to be valid, binding
and legal special obligations of the Successor Agency enforceable in accordance with their terms,
and to constitute this Seventh Supplemental Indenture a valid assignment and pledge of the Tax
Revenues pledged to the payment of principal of and interest and any redemption premium on the
Series 2025 Bonds, and all things necessary to cause the creation, execution and delivery of this
Seventh Supplemental Indenture and the creation, execution and issuance of the Series 2025
Bonds, subject to the terms hereof, have in all respects been duly authorized.
NOW, THEREFORE, THIS SEVENTH SUPPLEMENTAL INDENTURE
WITNESSETH:
GRANTING CLAUSES
The Successor Agency, in consideration of the premises and the acceptance by the Trustee
of the trusts hereby created and of the purchase and acceptance of the Series 2025 Bonds by the
Owners thereof, and for other good and valuable consideration, the receipt of which is hereby
acknowledged, in order to secure the payment of the principal of and interest and any redemption
premium on the Series 2025 Bonds and any Parity Bonds (as defined herein) according to their
tenor and effect and to secure the performance and observance by the Successor Agency of all of
the covenants expressed or implied herein and in the Series 2025 Bonds and any Parity Bonds,
does hereby assign and pledge unto, and grant a security interest in the following (the “Trust
Estate”) to Computershare Trust Company, N.A., as Trustee, and its successors in trust and assigns
forever, for the securing of the performance of the obligations of the Successor Agency hereinafter
set forth:
GRANTING CLAUSE FIRST
All right, title and interest of the Successor Agency in and to the Tax Revenues including
but without limiting the generality of the foregoing, the present and continuing right to make claim
for, collect, receive and receipt for any Tax Revenues payable to or receivable by the Successor
Agency under the Constitution of this State, the Redevelopment Law, the Dissolution Act and any
other applicable laws of this State or otherwise, to bring actions and proceedings thereunder for
the enforcement thereof, and to do any and all things which the Successor Agency is or may
become entitled to do thereunder, subject to the terms hereof.
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GRANTING CLAUSE SECOND
All moneys and securities and all other rights of every name and nature from time to time
herein or hereafter by delivery or by writing of any kind pledge, assigned or transferred as and for
additional security hereunder to the Trustee by the Successor Agency or by anyone in its behalf,
or with its written consent, and to hold and apply the same, subject to the terms hereof; TO HAVE
AND TO HOLD all and singular the Trust Estate, whether now owned or hereafter acquired, unto
the Trustee and its respective successors in trust and assigns forever for the benefit of the Owners
and such pledge shall constitute a lien on and security interest in such Trust Estate;
IN TRUST NEVERTHELESS, upon the terms and trusts herein set forth for the equal
and proportionate benefit, security and protection of all present and future Owners of the Series
2025 Bonds and any Parity Bonds issued under and secured by the Indenture without privilege,
priority or distinction as to the lien or otherwise of any of the Series 2025 Bonds over any of the
other Series 2025 Bonds or any Parity Bonds;
PROVIDED, HOWEVER, that if the Successor Agency, its successors or assigns shall
well and truly pay, or cause to be paid, the principal of and interest and any redemption premium
on the Series 2025 Bonds and any Parity Bonds due or to become due thereon, at the times and in
the manner provided in the Series 2025 Bonds and the Parity Bonds according to the true intent
and meaning thereof, and shall well and truly keep, perform and observe all the covenants and
conditions pursuant to the terms of the Indenture to be kept, performed and observed by it, and
shall pay or cause to be paid to the Trustee all sums of money due or to become due in accordance
with the terms and provisions hereof, then upon such final payments or deposits as herein provided,
the Indenture and the rights thereby granted shall cease, terminate and be void; otherwise the
Indenture shall remain in full force and effect.
THIS SEVENTH SUPPLEMENTAL INDENTURE FURTHER WITNESSETH, and
it is expressly declared, that all Series 2025 Bonds issued and secured hereunder are to be issued,
authenticated and delivered, and all said property, rights and interests, including, without
limitation, the Tax Revenues hereby assigned and pledged, are to be dealt with and disposed of,
under, upon and subject to the terms, conditions, stipulations, covenants, agreements, trusts, uses
and purposes hereinafter expressed, and the Successor Agency has agreed and covenanted, and
does hereby agree and covenant, with the Trustee and with the respective Owners, from time to
time, of the Series 2025 Bonds, or any part thereof, as follows:
ARTICLE I
STATUTORY AUTHORITY AND DEFINITIONS
Section 1.01. Authority for Seventh Supplemental Indenture. This Seventh
Supplemental Indenture is entered into pursuant to the provisions of the Redevelopment Law, the
Dissolution Act and the Refunding Law, the Original Indenture and the Resolution.
Section 1.02. Seventh Supplemental Indenture Constitutes Contract. In
consideration of the purchase and acceptance of any and all of the Series 2025 Bonds issued
hereunder by those who shall hold the same from time to time, this shall be deemed to be and shall
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constitute a contract among the Successor Agency, the Trustee and the Owners of the Series 2025
Bonds and any Parity Bonds. The pledge made in the Indenture and the provisions, covenants and
agreements herein set forth to be performed by or on behalf of the Successor Agency shall be for
the equal benefit, protection and security of the Owners of any and all of the Series 2025 Bonds,
and any Parity Bonds. All of the Series 2025 Bonds and any Parity Bonds, without regard to the
time or times of their issuance or maturity, shall be of equal rank without preference, priority or
distinction of any such bonds over any other thereof, except as expressly provided in or permitted
by the.
Section 1.03. Definitions. Except as provided by this Seventh Supplemental Indenture,
all terms which are defined in Section 1.01 of the Original Indenture shall have the same meanings,
respectively, in this Seventh Supplemental Indenture. All capitalized terms used herein and not
otherwise defined shall have the meanings set forth in the Original Indenture, or as provided in
any supplemental indenture. The following modifications and additional terms shall, for all
purposes of this Seventh Supplemental Indenture, have the following meanings:
[Bond Insurer
“Bond Insurer” means _____________, or any successor thereto or assignee thereof, as the
issuer of the Series 2025 Bonds Insurance Policy and the Series 2025 Bonds Surety Bond (as such
term is defined in the Successor Agency Bonds Indenture).]
Business Day
“Business Day” means any day other than a Saturday, a Sunday or a day on which banking
institutions in Los Angeles, California, San Francisco, California or St. Paul, Minnesota are
authorized or obligated by law to be closed.
Closing Date
“Closing Date” means, with respect to the Series 2025 Bonds, the date on which the Series
2025 Bonds are delivered by the Successor Agency to the Original Purchaser.
Continuing Disclosure Certificate
“Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate,
if any, executed by the Successor Agency, as originally executed and as it may be amended from
time to time in accordance with the terms thereof.
Costs of Issuance
“Costs of Issuance” means items of expense payable or reimbursable directly or indirectly
by the Successor Agency and related to the authorization, sale and issuance of the Series 2025
Bonds, which items of expense shall include, but not be limited to, printing costs, costs of
reproducing and binding documents, closing costs, filing and recording fees, initial fees, expenses
and charges of the Trustee including its first annual administration fee, expenses incurred by the
Successor Agency in connection with the issuance of the Series 2025 Bonds, fees, expenses and
charges of the Trustee for paying and redeeming the outstanding Prior Bonds pursuant to Section
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2.13 of the Fifth Supplemental Indenture and the Refunding Instructions, underwriter’s discount,
original issue discount, legal fees and charges, including bond counsel and financial consultants
fees, costs of cash flow verification, premiums for any municipal bond insurance policy that may
be purchased and for any reserve account Surety Bond the Successor Agency may purchase, rating
agency fees, charges for execution, transportation and safekeeping of the Series 2025 Bonds and
other costs, charges and fees in connection with the original issuance of the Series 2025 Bonds or
any other expense directed by the Successor Agency to be paid from moneys in the Costs of
Issuance Fund.
Costs of Issuance Fund
“Costs of Issuance Fund” means the fund by that name established by Section 3.04.
Depository
“Depository” means The Depository Trust Company, New York, New York, and its
successors and assigns as securities depository for the Series 2025 Bonds, or any other securities
depository acting as Depository under Article VI hereof.
Dissolution Act
“Dissolution Act” means the provisions of Assembly Bill X1 26, signed by the Governor
June 28, 2011, and filed with the Secretary of State June 29, 2011, consisting of Part 1.8
(commencing with Section 34161) and Part 1.85 (commencing with Section 34170) of Division
24 of the California Health and Safety Code, as amended by Assembly Bill 1484, signed by the
Governor on June 27, 2012, and filed with the Secretary of State on June 27, 2012, and as amended
by Senate Bill 107, signed by the Governor on September 22, 2015, and filed with the Secretary
of State on September 22, 2015.
DOF
“DOF” means the California Department of Finance.
First Supplemental Indenture
“First Supplemental Indenture” means the First Supplemental Indenture dated as of January
1, 1994, entered into by and between the Former Agency and Trustee, as successor to Bank of
America National Trust and Savings Association, as trustee.
Fifth Supplemental Indenture
“Fifth Supplemental Indenture” means the Fifth Supplemental Indenture, dated as of July
1, 2014, entered into by and between the Successor Agency and Trustee, as successor to Wells
Fargo Bank, N.A., as trustee.
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Former Agency
“Former Agency” means the Rancho Cucamonga Redevelopment Agency, a public body
corporate and politic duly organized and formerly existing under the Law and dissolved in
accordance with the Dissolution Act.
Fourth Supplemental Indenture
“Fourth Supplemental Indenture” means the Fourth Supplemental Indenture, dated as of
March 1, 2004, by and between the Former Agency and Trustee, as successor to Wells Fargo Bank,
National Association, as trustee.
Housing Obligations
“Housing Obligations” means, collectively, the Former Agency’s (i) 1997 Loan Agreement
(ii) 2007B Bonds, and (ii) the Housing Pledge Agreement.
Housing Pledge Agreement
“Housing Pledge Agreement” means that Subordination Agreement (1994 Pledge
Agreement, as Amended) dated as of November 8, 2007, between the Former Agency and National
Community Renaissance of California.
Indenture
“Indenture” means collectively the Original Indenture and the Seventh Supplemental
Indenture.
Independent Accountant
“Independent Accountant” means any accountant or firm of such accountants duly licensed
or registered or entitled to practice and practicing as such under the laws of the State, appointed
by or acceptable to the Successor Agency, and who, or each of whom: (a) is in fact independent
and not under domination of the Successor Agency; (b) does not have any substantial interest,
direct or indirect, with the Successor Agency; and (c) is not connected with the Successor Agency
as an officer or employee of the Successor Agency, but who may be regularly retained to make
reports to the Successor Agency.
Independent Fiscal Consultant
“Independent Fiscal Consultant” means any consultant or firm of such consultants
appointed by or acceptable to the Successor Agency and who, or each of whom: (a) is judged by
the Successor Agency to have experience in matters relating to the financing of redevelopment
projects; (b) is in fact independent and not under domination of the Successor Agency; and (c) is
not connected with the Successor Agency as an officer or employee of the Successor Agency, but
who may be regularly retained to make reports to the Successor Agency.
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Information Services
“Information Services” means “EMMA” or the “Electronic Municipal Market Access”
system of the Municipal Securities Rulemaking Board; or, in accordance with then-current
guidelines of the Securities and Exchange Commission, such other services providing information
with respect to called bonds as the Successor Agency may designate in a Written Certificate of the
Successor Agency delivered to the Trustee.
Insurance Policy
“Insurance Policy” means the municipal bond insurance policy no. ___________ issued by
the Bond Insurer guaranteeing the scheduled payment of principal of and interest on the Series
2025 Bonds when due.
Interest Payment Date
“Interest Payment Date” means March 1 and September 1 of each year, provided that the
first Interest Payment Date with respect to the Series 2025 Bonds shall be March 1, 2025.
Low and Moderate Income Housing Fund
“Low and Moderate Income Housing Fund” means the fund of the Successor Agency by
that name established pursuant to Section 33334.3 of the Redevelopment Law.
Maximum Annual Debt Service
“Maximum Annual Debt Service means, as of any date of calculation, the largest amount
of Annual Debt Service for the current or any future Bond Year on the Series 2025 Bonds.
Moody’s
“Moody’s” means Moody’s Investors Service and its successors and assigns.
1997 Loan Agreement
“1997 Loan Agreement” means, collectively, that certain Loan Agreement dated as of
December 15, 1997 by and among the Agency, Northtown Housing Development Corporation
(“Northtown”) and Pacific Life Insurance Company and that certain Guaranty Reimbursement
Agreement dated as of December 15, 1997 by and among the Agency, Northtown and MBIA
Insurance Corporation, as successor in interest to Capital Markets Assurance Corporation.
Nominee
“Nominee” means the nominee of the Depository, which may be the Cede & Co., as
determined from time to time pursuant to Article VI hereof.
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Office
“Office” means, with respect to the Trustee, the corporate trust office of the Trustee at 1505
Energy Park Drive, St. Paul, Minnesota, 55108, or at such other or additional offices as may be
specified by the Trustee in writing to the Successor Agency, provided that for the purposes of
maintenance of the Registration Books and presentation of Bonds for transfer, exchange or
payment such term shall mean the office of the Trustee at which it conducts its corporate agency
business.
Original Indenture
“Original Indenture” means the Trust Indenture dated as of March 1, 1990, entered into by
and between the Former Agency and Bank of America National Trust and Savings Association, as
trustee, as supplemented by the First Supplemental Indenture, the Second Supplemental Indenture,
the Third Supplemental Indenture, the Fourth Supplemental Indenture the Fifth Supplemental
Indenture, and the Sixth Supplemental Indenture.
Original Purchaser
“Original Purchaser” means Stifel, Nicolaus & Company, Incorporated as original
purchaser of the Series 2025 Bonds.
Oversight Board
“Oversight Board” means the oversight board duly constituted from time to time pursuant
to Section 34179 of the Dissolution Act.
Parity Bonds
“Parity Bonds” means the 2016 Bonds and any bonds, notes, loans, advances or other
indebtedness issued or incurred by the Agency on a parity with the Series 2025 Bonds in
accordance with Sections 3.05, as amended and restated herein, and 3.06 of the Original Indenture.
Participants
“Participants” means those broker dealers, banks and other financial institutions from time
to time for which the Depository holds Series 2025 Bonds as securities depository.
Pass-Through Agreements
“Pass-Through Agreements” mean certain contractual and statutory obligations secured by
a pledge or lien on Tax Revenues superior to the lien securing the Series 2025 Bonds and any
Parity Bonds, as set forth in the agreements listed below:
(a) Agreement for Cooperation between Inland Empire Utilities Agency
(formerly the Chino Basin Municipal Water District, Redevelopment Agency of the City
of Rancho Cucamonga and the City of Rancho Cucamonga, dated March 24, 1982;
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(b) Agreement Regarding the Rancho Redevelopment Project dated February
21, 1982, between the City of Rancho Cucamonga, the Rancho Cucamonga
Redevelopment Agency, and the County of San Bernardino acting on behalf of itself, the
County Free Library, and the San Bernardino County Flood Control District;
(c) Agreement for Cooperation among the Cucamonga Valley Water District
(formerly Cucamonga County Water District), the Redevelopment Agency of the City of
Rancho Cucamonga and the City of Rancho Cucamonga entered into on April 7, 1982; and
(d) Agreement for Cooperation among the Rancho Cucamonga Fire Protection
District (formerly the Foothill Fire Protection District), the Redevelopment Agency of the
City of Rancho Cucamonga and the City of Rancho Cucamonga entered into on April 22,
1982.
(e) [Settlement Agreements among the Agency and the Chaffey Joint Union
High School District, the Central School District, the Cucamonga Elementary School
District and the Etiwanda School District, each dated in 2001, and the Alta Loma School
District dated August 6, 1987].
Prior Bonds
“Prior Bonds” means the $174,050,000 Successor Agency to the Rancho Cucamonga
Redevelopment Agency Rancho Redevelopment Project Area Tax Allocation Refunding Bonds,
Series 2014
Record Date
“Record Date” means Record Date as defined in the Original Indenture as “with respect to
any Interest Payment Date, the close of business the fifteenth (15th) calendar day of the month
preceding such Interest Payment Date, whether or not such day is a Business Day.”
Recognized Obligation Payment Schedule or ROPS
“Recognized Obligation Payment Schedule” or “ROPS” means a Recognized Obligation
Payment Schedule, each prepared and approved from time to time pursuant to subdivision (l) of
Section 34177 of the California Health and Safety Code.
Redevelopment Law
“Redevelopment Law” means the Community Redevelopment Law of the State,
constituting Part 1 of Division 24 of the Health and Safety Code of the State, and the acts
amendatory thereof and supplemental thereto.
Redevelopment Obligation Retirement Fund
“Redevelopment Obligation Retirement Fund” means the fund by that name established
pursuant to California Health and Safety Code Section 34170.5(b) and administered by the
Successor Agency.
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Redevelopment Plan
“Redevelopment Plan” means the “Rancho Redevelopment Project of the Rancho
Cucamonga Redevelopment Agency Plan” approved and adopted by the City by Ordinance No.
145, and includes any amendment thereof made pursuant to the Redevelopment Law.
Redevelopment Property Tax Trust Fund
“Redevelopment Property Tax Trust Fund” or “RPTTF” means the fund by that name
established pursuant to Health & Safety Code Sections 34170.5(a) and 34172(c) and administered
by the County auditor-controller.
Redevelopment Project
“Redevelopment Project” means the undertaking of the Successor Agency to redevelop the
Project Area in accordance with the Redevelopment Plan.
Refunding Fund
“Refunding Fund” means the Series 2025 Refunding Fund established and held by the
Trustee pursuant to Section 3.05.
Refunding Instructions
“Refunding Instructions” means the Refunding Instructions, dated as of __________,
2025, of the Successor Agency to the Trustee to defease and redeem the Prior Bonds.
Refunding Law
“Refunding Law” means Article 11 (commencing with Section 53580) of Chapter 3 of Part
1 of Division 2 of Title 5 of the Government Code of the State, and the acts amendatory thereof
and supplemented thereto.
Representation Letter
“Representation Letter” means a representation letter from the Agency and the Trustee to
the Depository, as described in Section 6.02.
Reserve Requirement
“Reserve Requirement” means, with respect to the Series 2025 Bonds as of the Closing
Date, the least of (i) ten percent (10%) of the original issue price of the Series 2025 Bonds, (ii)
Maximum Annual Debt Service with respect to the Series 2025Bonds, or (iii) 125% of average
Annual Debt Service on the Series 2025 Bonds; provided further that the Successor Agency may
meet all or a portion of the Reserve Requirement by depositing a Surety Bond or insurance policy
meeting the requirements of Section 3.02(a) hereof.
On any date of calculation, the Reserve Requirement may be reduced to meet the lesser of
the three tests stated above.
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Resolution
“Resolution” means Resolution No. ___ adopted [October 2], 2024 by Successor Agency
authorizing the issuance of the Series 2025 Bonds.
S&P
“S&P” means Standard & Poor’s Ratings Services, a service of Standard & Poor’s Finance
Services LLC, a part of McGraw Hill Financial, and its successors and assigns.
Second Supplemental Indenture
“Second Supplemental Indenture” means the Second Supplemental Indenture, dated as of
August 1, 1999, entered into by and between the Former Agency and Trustee, as successor to U.S.
Bank Trust National Association, as trustee.
Sixth Supplemental Indenture
“Sixth Supplemental Indenture” means the Sixth Supplemental Indenture, dated as of
October 1, 2016, entered into by and between the Successor Agency and Trustee, as successor to
Wells Fargo Bank, N.A., as trustee.
[Series 2025 Insured Bonds
“Series 2025 Insured Bonds” means the Series 2025 Bonds maturing September 1, 20__
through and including September 1, 20__.]
Seventh Supplemental Indenture
“Seventh Supplemental Indenture” means this Seventh Supplemental Indenture.
Successor Agency or Agency
“Successor Agency” or “Agency” shall mean the City of Rancho Cucamonga as Successor
Agency to the Rancho Cucamonga Redevelopment Agency.
[Surety Bond
“Surety Bond” means the municipal bond debt service reserve insurance policy issued as
Policy Number ______ deposited into the Series 2025 Bonds Reserve Subaccount related to the
Series 2025 Bonds, issued by the Bond Insurer.]
Tax Revenues
“Tax Revenues” means all moneys deposited from time to time in the Redevelopment
Property Tax Trust Fund as provided in Section 34183(a)(2) of the Dissolution Act, excluding (i)
all other amounts which prior to the adoption of the Dissolution Act were required to be deposited
into the Former Agency’s Low and Moderate Income Housing Fund pursuant to Sections 33334.2,
33334.3 and 33334.6 of the Redevelopment Law, to the extent required to pay debt service on the
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Housing Obligations, and (ii) amounts which are required to be paid to any other public agency
under Pass-Through Agreements, or pursuant to Section 33607.7 of the Redevelopment Law,
except and to the extent that any amounts so payable are payable on a basis subordinate to the
payment of the Bonds, any additional Parity Debt, as applicable. If and to the extent that the
provision of Section 34172 or Section 34183(a)(2) are invalidated by a final judicial decision, then
Tax Revenues means all taxes annually allocated to the Agency with respect to the Project Area
following the Closing Date, pursuant to Article 6 of Chapter 6 (commencing with Section 33670)
of the Law and Section 16 of Article XVI of the Constitution of the State, or pursuant to other
applicable State laws, and as provided in the Redevelopment Plan, including all payments,
subventions and reimbursements (if any) to the Agency specifically attributable to ad valorem
taxes lost by reason of tax exemptions and tax rate limitations and including that portion of such
taxes otherwise required by Section 33334.2 of the Law to be deposited in the Low and Moderate
Income Housing Fund of the Agency established pursuant to Section 33334.3 of the Law, but only
to the extent necessary to repay that portion of the proceeds, if any, of any Parity Bonds (including
applicable reserves and financing costs) used to increase or improve the supply of low and
moderate income housing within or of benefit to the Project Area; but excluding all other amounts
of such taxes required to be deposited into the Low and Moderate Income Housing Fund and
excluding amounts payable to entities other than the Agency under and pursuant to pass through
agreements or similar tax sharing agreements entered into pursuant to Section 33401 of the Law
existing on the Closing Date.
Third Supplemental Indenture
“Third Supplemental Indenture” means the Third Supplemental Indenture dated as of
August 1, 2001 entered into by and between the Agency and Trustee, as the successor to Wells
Fargo Bank, National Association, as trustee.
2007B Bonds
“2007B Bonds” mean the $82,315,000 Housing Set Aside Tax Allocation Bonds Taxable
2007 Series B issued pursuant to the 2007 Indenture.
2007 Indenture
“2007 Indenture” means the Trust Indenture dated as of December 1, 2007, by and between
the Former Agency and Computershare Trust Company, N.A., as successor to Wells Fargo Bank,
National Association, as trustee.
2016 Bonds
“2016 Bonds” mean the $56,860,000 Successor Agency to the Rancho Cucamonga
Redevelopment Agency Rancho Redevelopment Project Area Tax Allocation Refunding Bonds,
Series 2016.
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ARTICLE II
THE SERIES 2025 BONDS
Section 2.01. Authorization. Under and pursuant to the Redevelopment Law,
Dissolution Act, the Refunding Law, the Resolution, the Indenture, the Series 2025 Bonds in the
principal amount of $__________ shall be issued by the Agency for the purpose of providing funds
to pay costs of the Redevelopment Project, and for other purposes related thereto as hereinafter
provided.
This Seventh Supplemental Indenture constitutes a continuing agreement with the Owners
of all of the Series 2025 Bonds to secure the full and final payment of principal and premiums, if
any, and the interest on all Series 2025 Bonds, subject to the covenants, agreements, provisions
and conditions herein contained. The Series 2025 Bonds shall be designated the “Successor
Agency to the Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Tax
Allocation Refunding Bonds, Series 2025.”
Section 2.02. Nature of Series 2025 Bonds. The Series 2025 Bonds, together with any
Parity Bonds, shall be special obligations of the Successor Agency secured by an irrevocable and
first pledge of, and payable as to principal, interest and premium, if any, from, Tax Revenues,
certain investment income earned on funds on deposit in the Series 2025 Bonds Reserve
Subaccount of the Reserve Account (with respect to the Series 2025 Bonds only), and other funds
as provided in Sections 5.02, 5.03 and 5.04 of the Original Indenture, as amended. The Series 2025
Bonds, the interest thereon, and any premiums payable upon the redemption of any thereof, are
not a debt of the City, the State or any of its political subdivisions and neither the City, the State
nor any of its political subdivisions is liable on them, nor in any event shall the Series 2025 Bonds
or interest be payable out of any funds or properties other than those of the Successor Agency as
in this Seventh Supplemental Indenture and the Original Indenture set forth. The Series 2025
Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt
limitation or restriction. Neither the members of the Successor Agency nor any persons executing
the Series 2025 Bonds are liable personally on the Series 2025 Bonds by reason of their issuance.
The Series 2025 Bonds shall be and are equally secured, together with any Parity Bonds, by an
irrevocable and first pledge of Tax Revenues and other moneys as hereinafter provided, without
priority for number, date of sale, date of execution, or date of delivery, except as expressly
provided herein.
The validity of the Series 2025 Bonds is not and shall not be dependent upon the completion
of the Redevelopment Project or upon the performance by anyone of his or her obligation relative
to the Redevelopment Project.
Nothing in this Seventh Supplemental Indenture or the Original Indenture shall preclude
the redemption and payment of the Series 2025 Bonds prior to maturity (subject to the provisions
of Section 2.13 of this Seventh Supplemental Indenture), or the payment thereof at maturity, from
the proceeds of refunding bonds issued pursuant to law. Nothing in this Seventh Supplemental
Indenture or the Original Indenture shall prevent the Successor Agency from making advances of
its own moneys howsoever derived to any of the uses and purposes mentioned in this Seventh
Supplemental Indenture or the Original Indenture.
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Section 2.03. Terms of Series 2025 Bonds.
(a) The Series 2025 Bonds shall be issued as fully registered bonds without coupons in
the denomination of $5,000 or any integral multiple thereof, but in an amount not to exceed the
aggregate principal amount of Series 2025 Bonds maturing in the year of maturity of the Series
2025 Bond for which the denomination is specified. Series 2025 Bonds shall be numbered by the
Trustee in such manner as it shall in its discretion determine.
(b) Date of Series 2025 Bonds. The Series 2025 Bonds shall be dated as of the date of
delivery thereof to the original purchasers.
(c) CUSIP Identification Numbers. “CUSIP” identification numbers shall be
imprinted on the Series 2025 Bonds, but such numbers shall not constitute a part of the contract
evidenced by the Series 2025 Bonds and any error or omission with respect thereto shall not
constitute cause for refusal of any purchaser to accept delivery of and pay for the Series 2025
Bonds. In addition, failure on the part of the Agency to use such CUSIP numbers in any notice to
Owners of the Series 2025 Bonds shall not constitute an event of default or any violation of the
Agency’s contract with such Owners.
(d) Maturity. The Series 2025 Bonds shall bear interest and shall mature and become
payable on September 1 of each year, as follows:
Maturity Date
(September 1)
Principal
Amount
Interest
Rate
2025
2026
2027
2028
2029
2030
2031
2032
Section 2.04. Form of Series 2025 Bonds. The Series 2025 Bonds shall be substantially
in the form attached hereto and by this reference incorporated herein, as Exhibit A. Such form is
hereby approved and adopted as the form of such Series 2025 Bonds, and of the redemption,
exchange, registration and assignment provisions pertaining thereto, with necessary or appropriate
variations, omissions and insertions as permitted or required by this Seventh Supplemental
Indenture.
Section 2.05. Temporary Series 2025 Bonds. Any Series 2025 Bonds issued pursuant
to this Seventh Supplemental Indenture may be initially issued in temporary form (the “Temporary
Series 2025 Bonds”) exchangeable for definitive Series 2025 Bonds when the same arc ready for
delivery. The Temporary Series 2025 Bonds may be printed, lithographed or typewritten, shall be
of such denominations as may be determined by the Successor Agency and may contain such
reference to any of the provisions of this Seventh Supplemental Indenture and the Original
Indenture as may be appropriate. Every Temporary Series 2025 Bond shall be executed upon the
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same conditions and in substantially the same form and manner as the definitive Series 2025
Bonds. If the Successor Agency issues Temporary Series 2025 Bonds, it will execute and furnish
definitive Series 2025 Bonds without delay, and, thereupon, the Temporary Series 2025 Bonds
shall be surrendered for cancellation at the principal corporate trust office of the Trustee in St.
Paul, Minnesota, and the Trustee shall deliver in exchange for such Temporary Series 2025 Bonds
an equal aggregate principal amount of definitive Series 2025 Bonds of authorized denominations
of the same maturity or maturities. Until so exchanged, the Temporary Series 2025 Bonds shall be
entitled to the same benefits under this Seventh Supplemental Indenture as definitive Series 2025
Bonds of this same issue delivered hereunder.
Section 2.06. Interest. The Series 2025 Bonds shall bear interest calculated on the basis
of a 360 day year comprised of twelve 30 day months at the rates set forth in Section 2.03(d)
payable semiannually on March 1 and September 1 of each year, commencing on March 1, 2025.
Each Series 2025 Bond shall bear interest until the principal sum thereof has been paid; provided,
however, that if at the maturity date of any Series 2025 Bond, or if the same has been duly called
for redemption, then at the date fixed for redemption, provided moneys are available for the
payment or redemption thereof in full accordance with the terms of this Seventh Supplemental
Indenture, said Series 2025 Bond shall then cease to bear interest.
Each Series 2025 Bond shall bear interest from the Interest Payment Date next preceding
the date of authentication thereof unless: (i) it is authenticated as of an Interest Payment Date, in
which event it shall bear interest from such Interest Payment Date, or (ii) it is authenticated on or
before February 15, 2025 in which event it shall bear interest from its dated date or (iii) it is
authenticated after a Record Date and on or before the following Interest Payment Date, in which
event it shall bear interest from such Interest Payment Date; provided, however, that if at the time
of authentication of a Series 2025 Bond, interest is in default thereon, such Series 2025 Bond shall
bear interest from the Interest Payment Date to which interest has previously been paid or made
available for a payment thereon.
Section 2.07. Payment of Series 2025 Bonds. The Series 2025 Bonds shall be payable
in lawful money of the United States of America at the principal corporate trust office of the
Trustee in St. Paul, Minnesota. Subject to Section 2.13 hereof, interest on the Series 2025 Bonds
shall be paid by check mailed by first class mail to the persons whose names appear on the bond
registration books of the Trustee as the Owners of such Series 2025 Bonds at the close of business
on the Record Date at such persons’ addresses as they appear on such registration books kept by
the Trustee or by wire transfer to owners of $1,000,000 or more in aggregate principal amount of
Series 2025 Bonds at such wire transfer address as such owner shall specify in a written notice
requesting payment by wire transfer delivered to the Trustee not later than the Record Date.
Any interest not paid when due or duly provided for shall forthwith cease to be payable to
the registered Owner as of the Record Date immediately preceding the applicable Interest Payment
Date and shall be paid to the person in whose name the Series 2025 Bond is registered as of the
close of business on a special record date for the payment of such defaulted interest to be fixed by
the
The Trustee shall give notice of such special record date to the Owner not less than 10 days
prior thereto.
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Section 2.08. Execution of Series 2025 Bonds. The Series 2025 Bonds shall be executed
on behalf of the Successor Agency by the facsimile signatures of its Chairman and its Secretary
who are in office on the date of this Seventh Supplemental Indenture or at any time thereafter. If
any officer whose signature appears on any Series 2025 Bond ceases to be such officer before
delivery of the Series 2025 Bonds to the purchaser, such signature shall nevertheless be as effective
as if the officer had remained in office until the delivery of the Series 2025 Bonds to the purchaser.
Any Series 2025 Bond may be signed and attested on behalf of the Successor Agency by such
persons as at the actual date of the execution of such Series 2025 Bond shall be the proper officers
of the Successor Agency although at the nominal date of such Series 2025 Bond any such person
shall not have been such officer of the Successor Agency.
Only such Series 2025 Bonds as shall bear thereon a certificate of authentication in the
form hereinbefore recited, manually executed and dated by the Trustee, shall be valid or obligatory
for any purpose or entitled to the benefits of the Indenture, and such certificate of the Trustee shall
be conclusive evidence that the Series 2025 Bonds so registered have been duly authenticated,
registered and delivered hereunder and are entitled to the benefits of the Indenture.
Section 2.09. Transfer of Series 2025 Bonds. Any Series 2025 Bond may, in accordance
with its terms, be transferred, upon the books required to be kept pursuant to the provisions of
Section 2.11, by the person in whose name it is registered in person or by his duly authorized
attorney upon surrender of such Series 2025 Bond for cancellation accompanied by delivery of a
written instrument of transfer in a form acceptable to the Trustee duly executed.
Whenever any Series 2025 Bond or Series 2025 Bonds shall be surrendered for transfer the
Successor Agency shall execute and the Trustee shall deliver a new Series 2025 Bond or Series
2025 Bonds for like aggregate principal amount of authorized denominations, interest rate and
maturity date.
No transfers of Series 2025 Bonds shall be required to be made (i) during the period fifteen
days prior to the date established by the Trustee for selection of Series 2025 Bonds for redemption
or (ii) with respect to a Series 2025 Bond after such Series 2025 Bond has been selected for
redemption.
The Successor Agency shall also provide or cause to be provided to the Trustee all
information necessary to allow the Trustee to comply with any applicable tax reporting obligations,
including without limitation any cost basis reporting obligations under Internal Revenue Code
Section 6045. The Trustee may rely on the information provided to it and shall have no
responsibility to verify or ensure the accuracy of such information.
Section 2.10. Exchange of Series 2025 Bonds. Series 2025 Bonds may be exchanged at
the principal corporate trust office of the Trustee in St. Paul, Minnesota, for a like aggregate
principal amount of Series 2025 Bonds of authorized denominations and of the same maturity. The
Successor Agency may charge a reasonable sum for each new Series 2025 Bond issued upon any
exchange (except in the case of any exchange of temporary Series 2025 Bonds for definitive Series
2025 Bonds and except in the case of the first exchange of any definitive Series 2025 Bond in the
form in which it is originally issued) and the Trustee shall require the payment by the Bond owner
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requesting such exchange of any tax or other governmental charge required to be paid with respect
to such exchange.
No exchanges of Series 2025 Bonds shall be required to be made (i) during the period
fifteen days prior to the date established by the Trustee for selection of Series 2025 Bonds for
redemption or (ii) with respect to a Series 2025 Bond after such Series 2025 Bond has been selected
for redemption.
Section 2.11. Series 2025 Bond Register. The Trustee will keep or cause to be kept, at
its principal corporate trust office in St. Paul, Minnesota, sufficient books for the registration and
transfer of the Series 2025 Bonds, which shall at all times be open to inspection by the Successor
Agency during normal business hours upon reasonable notice; and upon presentation for such
purpose the Trustee shall, under such reasonable regulations as it may prescribe, register or transfer
or cause to be registered or transferred, on said books Series 2025 Bonds as hereinbefore provided.
Section 2.12. Series 2025 Bonds Mutilated, Lost, Destroyed, or Stolen. If any Series
2025 Bond shall become mutilated the Successor Agency, at the expense of the Owner of said
Series 2025 Bond shall execute, and the Trustee shall thereupon deliver a new Series 2025 Bond
of like tenor and maturity in exchange and substitution for the Series 2025 Bond so mutilated but
only upon surrender to the Trustee of the Series 2025 Bond so mutilated. Every mutilated Series
2025 Bond so surrendered to the Trustee shall be canceled by it. If any Series 2025 Bond shall be
lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the
Successor Agency and the Trustee and, if such evidence be satisfactory to both and indemnity
satisfactory to them shall be given, the Successor Agency, at the expense of the Owner shall
execute, and the Trustee shall thereupon deliver a new Series 2025 Bond of like tenor and maturity
in lieu of and in substitution for the Series 2025 Bond so lost, destroyed or stolen. The Successor
Agency may require payment of a sum not exceeding the actual cost of preparing each new Series
2025 Bond issued under this Section and of the expenses which may be incurred by the Successor
Agency and the Trustee in the premises. Any Series 2025 Bond issued under the provisions of this
Section in lieu of any Series 2025 Bond alleged to be lost, destroyed or stolen shall constitute an
original additional contractual obligation on the part of the Successor Agency whether or not the
Series 2025 Bond so alleged to be lost, destroyed or stolen be at any time enforceable by anyone,
and shall be equally and proportionately entitled to the benefits of the Indenture with all other
Series 2025 Bonds issued pursuant to this Seventh Supplemental Indenture.
Section 2.13. Redemption of Series 2025 Bonds.
(a) Optional Redemption. The Series 2025 Bonds are not subject to optional
redemption prior to their stated maturities.
(b) Open Market Purchase of Series 2025 Bonds. The Successor Agency may at any
time buy Series 2025 Bonds, of any series at public or private sale at a price which, inclusive of
brokerage fees, will not exceed the par amount of the Series 2025 Bonds so purchased, plus any
applicable premium and any Series 2025 Bonds so purchased shall be tendered to the Trustee for
cancellation; provided that, the prior written consent of the Bond Insurer shall be required if any
Series 2025 Bond purchased is not cancelled upon purchase.
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(c) [Payments to Insurer. The Series 2025 Bonds may not be optionally redeemed in
full pursuant to Section 2.13(a) unless all amounts owed to the Insurer shall have been paid.]
ARTICLE III
ISSUANCE OF SERIES 2025 BONDS; DISPOSITION OF PROCEEDS
Section 3.01. Issuance and Delivery of Series 2025 Bonds. At any time after the
execution of this Seventh Supplemental Indenture the Successor Agency may issue and deliver
Series 2025 Bonds in the aggregate principal amount of $__________. The Chairman and Vice
Chairman of the Successor Agency, the Secretary of the Successor Agency, the Executive Director
of the Successor Agency, the counsel to the Successor Agency and other proper officers of the
Successor Agency are hereby authorized and directed to deliver any and all documents and
instruments, to authorize the payment of Costs of Issuance and to do and cause to be done any and
all acts and things necessary or convenient for delivery of the Series 2025 Bonds to the purchaser
thereof.
Section 3.02. Disposition of Series 2025 Bond Proceeds. On the Closing Date, the
Original Purchaser shall purchase the Series 2025 Bonds for a purchase price of $_____________
(being the initial aggregate principal amount of the Series 2025 Bonds ($__________), [plus/less
the net original issue premium/discount] in the amount of $________. [At the request of the
Successor Agency, on the Closing Date, the Underwriter will wire to the Insurer an amount equal
to $_________ representing the sum of the premium (i) for the Insurance Policy in the amount of
$__________ and (ii) for the Surety Bond in the amount of $_________]. The remaining net
proceeds of the Series 2025 Bonds shall be deposited as set forth below.
(a) In a subaccount for the Series 2025 Bonds within the Reserve Account (the
“Series 2025 Bonds Reserve Subaccount”), established in the Special Fund pursuant to
Section 5.03(c) of the Original Indenture, the Successor Agency shall deposit the Surety
Bonds with a face value equal to the Series 2025 Bonds Reserve Requirement and the
Trustee shall credit the Surety Bond to the Series 2025 Bonds Reserve Subaccount. The
Successor Agency shall maintain an amount equal to the Reserve Requirement with respect
to the Series 2025 Bonds in the Series 2025 Bonds Reserve Requirement; provided,
however, at any time, moneys on deposit in the Series 2025 Bonds Reserve Subaccount
representing the Reserve Requirement, or any portion thereof, for the Series 2025 Bonds
may be substituted by the Successor Agency with a letter of credit, surety bond, bond
insurance policy or other form of guaranty from a financial institution, the long term,
unsecured obligations of which are rated at the time of issuance of such instrument by S&P
or Moody’s is “A” (without regard to modifier) or higher, in an amount equal to the Reserve
Requirement, or in an amount, which together with cash on deposit for such purpose, equals
the Reserve Requirement, upon presentation to the Trustee of such letter of credit, surety
bond, bond insurance policy or other form of guaranty from a financial institution, together
with evidence, that such letter of credit, surety bond, bond insurance policy or other form
of guaranty from a financial institution satisfies the rating requirement set forth above.
Upon such substitution, the Trustee shall transfer amounts on deposit in the Series 2025
Bonds Reserve Subaccount representing the applicable portion of cash representing the
Reserve Requirement for the Series 2025 Bonds to the Successor Agency to be applied for
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redevelopment purposes. Amounts on deposit in the Series 2025 Bonds Reserve
Subaccount or any letter of credit, Surety Bond, bond insurance policy or other guarantee
acquired by the Successor Agency to satisfy the Reserve Requirement for the Series 2025
Bonds shall only be used in connection with the Series 2025 Bonds and shall not be used
as security for any other series of Bonds issued under the Original Indenture. All amounts
in the Reserve Account established for Parity Bonds or any letter of credit, Surety Bond,
bond insurance policy or other guarantee to satisfy the Reserve Requirement for Parity
Bonds shall only be used in connection with Parity Bonds and shall not be used as security
for the Series 2025 Bonds.
[The Reserve Requirement with respect to the Series 2025 Bonds shall be satisfied
by the delivery of the Surety Bond to the Trustee. The Trustee shall credit the Surety Bond
to the Series 2025 Bonds Subaccount. Under the terms and conditions of the Surety Bond,
the Trustee shall deliver to the Bond Insurer a demand for payment under the Surety Bond
in the required form at least five Business Days before the date on which funds are required
for the purposes set forth in Section 5.03(c). The Trustee shall comply with all of the terms
and provisions of the Surety Bond for the purpose of assuring that funds are available
thereunder when required for the purposes of the Reserve Account, within the limits of the
coverage amount provided by the Surety Bond. All amounts drawn by the Trustee under
the Surety Bond will be deposited into the Reserve Account and applied for the purposes
thereof.]
(b) $________________ into the Costs of Issuance Fund established in Section
3.04 hereof;
(c) $____________in the Refunding Fund established in Section 3.05 hereof;
Section 3.03. Validity of the Series 2025 Bonds. The validity of the authorization and
issuance of the Series 2025 Bonds shall not be dependent upon the completion of the
Redevelopment Project or upon the performance by any person of his obligation with respect to
the Redevelopment Project.
Section 3.04. Costs of Issuance Fund. There is hereby established a separate fund to be
known as the “Costs of Issuance Fund,” which shall be held by the Trustee in trust. The moneys
in the Costs of Issuance Fund shall be used and withdrawn by the Trustee from time to time to pay
the Costs of Issuance upon submission of a Written Request of the Successor Agency stating the
person to whom payment is to be made, the amount to be paid, the purpose for which the obligation
was incurred and that such payment is a proper charge against said fund. On or before _________
1, 2025, or upon the earlier Written Request of the Successor Agency stating that all known Costs
of Issuance have been paid, all amounts, if any, remaining in the Costs of Issuance Fund shall be
withdrawn therefrom by the Trustee and transferred to the Interest Account of the Bond Fund to
be used to pay interest on the Series 2025 Bonds on __________ 1, 2025.
Section 3.05. Refunding Fund. There is hereby created the Series 2025 Refunding Fund
(the “Refunding Fund”), which is held by the Trustee in trust for the benefit of the Successor
Agency. The moneys in the Refunding Fund shall be maintained separate and apart from other
moneys of the Successor Agency.
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The Trustee shall establish and maintain a Refunding Fund as set forth in the Refunding
Instructions. The Trustee shall deposit and apply all moneys in the Refunding Fund under and
pursuant to the Refunding Instructions. Upon making such transfers in accordance with the
Refunding Instructions, the Refunding Fund shall be closed.
ARTICLE IV
TAX REVENUES; SPECIAL FUND AND ACCOUNTS
Section 4.01. Receipt, Deposit and Application of Tax Revenues. Except as hereinafter
set forth, all Tax Revenues shall be received, deposited and applied as set forth in Article V of the
Original Indenture.
Section 4.02. Funds to be Set Aside in Accounts. Moneys in the Special Fund shall be
transferred and set aside by the Trustee in the respective accounts, in the manner and subject to the
terms set forth in Section 5.02, Section 5.03 and Section 5.04 of the Original Indenture.
ARTICLE V
DISCHARGE OF SEVENTH SUPPLEMENTAL INDENTURE;
ADDITIONAL COVENANTS; MISCELLANEOUS
Section 5.01. Punctual Payment. The Successor Agency shall punctually pay or cause
to be paid the principal, premium (if any) and interest to become due in respect of all the Series
2025 Bonds and Parity Bonds in strict conformity with the terms of the Series 2025 Bonds and of
the Indenture. The Successor Agency shall faithfully observe and perform all of the conditions,
covenants and requirements of this Supplemental Indenture. Nothing herein contained shall
prevent the Successor Agency from making advances of its own moneys howsoever derived to
any of the uses or purposes referred to herein.
Section 5.02. Continuing Disclosure. The Successor Agency hereby covenants and
agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure
Certificate, if any, executed and delivered by the Successor Agency. Notwithstanding any other
provision hereof, failure of the Successor Agency to comply with such Continuing Disclosure
Certificate shall not constitute an Event of Default hereunder; provided, however, that any
Participating Underwriter (as such term is defined in such Continuing Disclosure Certificate) or
any Owner or beneficial owner of the Series 2025 Bonds may take such actions as may be
necessary and appropriate, including seeking specific performance by court order, to cause the
Successor Agency to comply with its obligations under this Section 5.02.
Section 5.03. Limitation on Additional Indebtedness. The Successor Agency hereby
covenants that so long as any of the Series 2025 Bonds remain Outstanding, the Successor Agency
shall not issue any bonds, notes or other obligations payable from the RPTTF or which are
otherwise secured on a basis which is senior to the pledge and lien which secures the Series 2025
Bonds. The Successor Agency hereby covenants that it shall not issue any bonds, notes or other
obligations, enter into any agreement or otherwise incur any indebtedness, which is in any case
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payable from all or any part of the Tax Revenues, excepting only the Series 2025 Bonds and Parity
Bonds, any debt obligations subordinate to the Series 2025 Bonds.
Section 5.04. Extension of Payment of Series 2025 Bonds. The Successor Agency shall
not directly or indirectly extend or assent to the extension of the maturity of any of the Series 2025
Bonds or the time of payment of any claims for interest by the purchase of such Series 2025 Bonds
or by any other arrangement, and in case the maturity of any of the Series 2025 Bonds or the time
of payment of any such claims for interest shall be extended, such Series 2025 Bonds or claims for
interest shall not be entitled, in case of any default hereunder, to the benefits of this Indenture,
except subject to the prior payment in full of the principal of all of the Outstanding Bonds and of
all claims for interest thereon which shall not have been so extended. Nothing in this Section shall
be deemed to limit the right of the Successor Agency to issue bonds for the purpose of refunding
any Outstanding Bonds, and such issuance shall not be deemed to constitute an extension of
maturity of the Series 2025 Bonds.
Section 5.05. Payment of Claims. The Successor Agency shall pay and discharge, or
cause to be paid and discharged, any and all lawful claims for labor, materials or supplies which,
if unpaid, might become a lien or charge upon the properties owned by the Successor Agency or
upon the Tax Revenues or any part thereof, or upon any funds held by the Trustee pursuant hereto,
or which might impair the security of the Series 2025 Bonds or any Parity Bonds. Nothing herein
contained shall require the Successor Agency to make any such payment so long as the Successor
Agency in good faith shall contest the validity of said claims.
Section 5.06. Books and Accounts; Financial Statements. The Successor Agency shall
keep, or cause to be kept, proper books of record and accounts, separate from all other records and
accounts of the Successor Agency and the County, in which complete and correct entries shall be
made of all transactions relating to the Redevelopment Project, the Tax Revenues, the Special
Fund and the Redevelopment Obligation Retirement Fund. Such books of record and accounts
shall at all times during business hours be subject to the inspection of the Owners of not less than
ten percent (10%) in aggregate principal amount of the Series 2025 Bonds then Outstanding, or
their representatives authorized in writing.
The Successor Agency will cause to be prepared and delivered to the Trustee and the
Insurer annually, within nine (9) months after the close of each Fiscal Year so long as any of the
Series 2025 Bonds are Outstanding, complete audited financial statements with respect to such
Fiscal Year including the balances in all funds and accounts relating to the Redevelopment Project,
as of the end of such Fiscal Year. Such audited financial statements may be included in a combined
statement with the City’s comprehensive audited financial report. The Trustee shall not be
responsible for reviewing such financial statements. The Successor Agency shall furnish a copy
of such statements to any Owner upon reasonable request and at the expense of such Owner.
Section 5.07. Protection of Security and Rights of Owners. The Successor Agency will
preserve and protect the security of the Series 2025 Bonds and the rights of the Owners. From and
after the date of issuance of any Series 2025 Bonds, such Series 2025 Bonds shall be incontestable
by the Successor Agency.
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Section 5.08. Payments of Taxes and Other Charges. The Successor Agency will pay
and discharge, or cause to be paid and discharged, all taxes, service charges, assessments and other
governmental charges which may hereafter be lawfully imposed upon the Successor Agency or
the properties then owned by the Successor Agency in the Project Area, when the same shall
become due. Nothing herein contained shall require the Successor Agency to make any such
payment so long as the Successor Agency in good faith shall contest the validity of said taxes,
assessments or charges. The Successor Agency will duly observe and conform with all valid
requirements of any governmental authority relative to the Redevelopment Project or any part
thereof.
Section 5.09. Maintenance of Tax Revenues. The Successor Agency shall comply with
all requirements of the Redevelopment Law and the Dissolution Act to insure the allocation and
payment to it of the Tax Revenues, including without limitation the timely filing of any necessary
statements or ROPS with appropriate officials of the County and appropriate officials of the State
of California. The Successor Agency shall not enter into any agreement with the County or any
other governmental unit which would have the effect of reducing the amount of Tax Revenues
available to the Successor Agency for payment of the Series 2025 Bonds. The Successor Agency
shall not undertake proceedings for amendment of the Redevelopment Plan if such amendment
shall result in payments to one or more taxing entities pursuant to Sections 33607.5 and 33607.7
of the Redevelopment Law or Section 34183(a)(1) of the Dissolution Act unless the Successor
Agency shall first obtain a written opinion of an Independent Redevelopment Consultant that such
payments will not adversely impair the Successor Agency’s ability to pay the Series 2025 Bonds
and all Parity Bonds. Nothing herein is intended or shall be construed in any way to prohibit or
impose any limitations on the entering into by the Successor Agency of any such agreement,
amendment or supplement which by its term is subordinate to the payment of the Series 2025
Bonds and all Parity Bonds.
Section 5.10. Compliance with the Law; Recognized Obligation Payment Schedules.
The Successor Agency shall comply with all of the requirements of the Redevelopment Law and
the Dissolution Act. Without limiting the generality of the foregoing, the Successor Agency
covenants and agrees to file all required statements and hold all public hearings required under the
Dissolution Act to assure compliance by the Successor Agency with its covenants hereunder.
Further, it will take all actions required under the Dissolution Act to include scheduled debt service
on the Series 2025 Bonds, Parity Bonds and Housing Obligations, as well as any amount required
under the Indenture to replenish the reserve account established thereunder or required under this
Supplemental Indenture to replenish the Reserve Accounts of the Special Fund (including
amounts, if necessary, due to the Bond Insurer pursuant to the Insurance Policy, the Surety Bond
and Article VII hereof), in Recognized Obligation Payment Schedules for each six-month period
so as to enable the San Bernardino County Auditor-Controller to distribute from the
Redevelopment Property Tax Trust Fund to the Successor Agency’s Redevelopment Obligation
Retirement Fund on each January 2 and June 1 amounts required for the Successor Agency to pay
principal of, and interest on, the Series 2025 Bonds, Parity Bonds and Housing Obligations coming
due in the respective six-month period, or such other period as may be determined by the State
legislature. These actions will include, without limitation, placing on the periodic Recognized
Obligation Payment Schedule for approval by the Oversight Board and State Department of
Finance, to the extent necessary, the amounts to be held by the Successor Agency as a reserve until
the next six-month period, as contemplated by paragraph (1)(A) of subdivision (d) of Section
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34171 of the Dissolution Act, that are necessary to comply with this Indenture and to provide for
the payment of principal and interest under this Indenture when the next property tax allocation is
projected to be insufficient to pay all obligations due under this Indenture and the Housing
Obligations for the next payment due thereunder and hereunder in the following six-month period,
or such other period as may be determined by the State legislature.
Section 5.11. Notice of Insufficiency. The Successor Agency covenants that it will, on
or before May 1 and December 1 of each year, file a Notice of Insufficiency with the County
Auditor-Controller if the amount of Tax Revenues available to the Successor Agency from the
Redevelopment Property Tax Trust Fund on the upcoming July 1 or January 2, as applicable, is
insufficient to pay debt service on the Series 2025 Bonds, to pay debt service on any Parity Bonds,
to deposit into the Reserve Account an amount required in order to maintain in the Reserve
Account the amount of the Reserve Requirement [and to pay amounts due and owing to the Bond
Insurer pursuant to the Insurance Policy, the Surety Bond and Article VII hereof.
Section 5.12. Tax Covenants Relating to the Series 2025 Bonds.
(a) Private Activity Bond Limitation. The Successor Agency shall assure that the
proceeds of the Series 2025 Bonds are not so used as to cause Series 2025 Bonds to satisfy the
private business tests of Section 141(b) of the Tax Code or the private loan financing test of Section
141(c) of the Tax Code.
(b) Federal Guarantee Prohibition. The Successor Agency shall not take any action or
permit or suffer any action to be taken if the result of the same would be to cause any of the Series
2025 Bonds to be “federally guaranteed” within the meaning of Section 149(b) of the Tax Code.
(c) No Arbitrage. The Successor Agency shall not take, or permit or suffer to be taken
by the Trustee or otherwise, any action with respect to the proceeds of the Series 2025 Bonds
which, if such action had been reasonably expected to have been taken, or had been deliberately
and intentionally taken, on the Closing Date would have caused the Series 2025 Bonds to be
“arbitrage bonds” within the meaning of Section 148 of the Tax Code.
(d) Maintenance of Tax-Exemption. The Successor Agency shall take all actions
necessary to assure the exclusion of interest on the Series 2025 Bonds from the gross income of
the Owners of the Series 2025 Bonds to the same extent as such interest is permitted to be excluded
from gross income under the Tax Code as in effect on the Closing Date. This covenant shall
remain in full force and effect following defeasance of Bonds pursuant to Section 10.03 of the
Original Indenture.
(e) Rebate Requirement. The Successor Agency shall take any and all actions
necessary to assure compliance with section 148(f) of the Tax Code, relating to the rebate of excess
investment earnings, if any, to the federal government, to the extent that such section is applicable
to the Series 2025 Bonds.
The Trustee shall have no duty to monitor the compliance by the Successor Agency with
any of the covenants contained in this Section 5.12.
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Section 5.13. Further Assurances. The Successor Agency will adopt, make, execute and
deliver any and all such further resolutions, instruments and assurances as may be reasonably
necessary or proper to carry out the intention or to facilitate the performance of this Indenture, and
for the better assuring and confirming unto the Owners the rights and benefits provided in this
Indenture.
Section 5.14. Unclaimed Moneys. Anything in the Original Indenture to the contrary
notwithstanding, any money held by the Trustee in trust for the payment and discharge of any of
the Series 2025 Bonds or interest thereon which remain unclaimed for two years after the date
when such Series 2025 Bonds or interest thereon have become due and payable, if such money
was held by the Trustee at such date, or for two years after the date of deposit of such money if
deposited with the Trustee after the date when such Series 2025 Bonds or interest thereon become
due and payable, shall be repaid by the Trustee to the Successor Agency, as its absolute property
and free from trust, and the Trustee shall thereupon be released and discharged with respect thereto
and the Owners shall look only to the Successor Agency for the payment of such Series 2025
Bonds; provided, however, that before being required to make any such payment to the Successor
Agency, the Trustee shall, at the written request of the Successor Agency and at the expense of the
Agency, cause to be mailed to the registered Owners of such Series 2025 Bonds at their addresses
as they appear on the registration books of the Trustee a notice that said money remains unclaimed
and that, after a date named in said notice, which date shall not be less than 30 days after the date
of the mailing of such notice, the balance of such money then unclaimed will be returned to the
Successor Agency. Any money held by the Trustee in trust for the payment and discharge of any
Series 2025 Bonds shall not bear interest or be otherwise invested from and after such maturity or
redemption date.
Section 5.15. Bank Owned Obligations. If the holder of any Bonds is a commercial
bank, savings bank, savings and loan association or other financial institution which is authorized
by law to accept and hold deposits of money or issue certificates of deposit, and which purchases
the Bonds directly from the Agency, such holder must agree to waive any common law or statutory
right of setoff with respect to any deposits of the Successor Agency maintained with or held by
such holder.
ARTICLE VI
BOOK-ENTRY SYSTEM
Section 6.01. Book-Entry System; Limited Obligation of Successor Agency. The
Series 2025 Bonds shall be initially delivered in the form of a separate single fully registered Bond
(which may be typewritten) for each of the maturities of the Series 2025 Bonds. Upon initial
delivery, the ownership of each such Bond shall be registered in the registration books kept by the
Trustee in the name of the Nominee as nominee of the Depository. Except as provided in Section
6.03, all of the Outstanding Series 2025 Bonds shall be registered in the registration books kept by
the Trustee in the name of the Nominee.
With respect to Series 2025 Bonds registered in the registration books kept by the Trustee
in the name of the Nominee, the Successor Agency and the Trustee shall have no responsibility or
obligation to any Participant or to any person on behalf of which such a Participant holds an interest
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in the Series 2025 Bonds. Without limiting the immediately preceding sentence, the Successor
Agency and the Trustee shall have no responsibility or obligation with respect to (i) the accuracy
of the records of the Depository, the Nominee, or any Participant with respect to any ownership
interest in the Series 2025 Bonds, (ii) the delivery to any Participant or any other person, other
than an Owner as shown in the registration books kept by the Trustee, of any notice with respect
to the Series 2025 Bonds, including any notice of redemption, (iii) the selection by the Depository
and its Participants of the beneficial interests in the Series 2025 Bonds to be redeemed in the event
the Series 2025 Bonds are redeemed in part, or (iv) the payment to any Participant or any other
person, other than an Owner as shown in the registration books kept by the Trustee, of any amount
with respect to principal of, premium, if any, or interest due with respect to the Series 2025 Bonds.
The Successor Agency and the Trustee may treat and consider the person in whose name each
Bond is registered in the registration books kept by the Trustee as the holder and absolute owner
of such Bond for the purpose of payment of principal, premium, if any, and interest with respect
to such Bond, for the purpose of giving notices of redemption and other matters with respect to
such Bond, for the purpose of registering transfers with respect to such Bond, and for all other
purposes whatsoever. The Trustee shall pay all principal of, premium, if any, and interest due with
respect to the Series 2025 Bonds only to or upon the order of the respective Owners, as shown in
the registration books kept by the Trustee, or their respective attorneys duly authorized in writing,
and all such payments shall be valid and effective to satisfy and discharge fully the Successor
Agency’s obligations with respect to payment of the principal, premium, if any, and interest due
with respect to the Series 2025 Bonds to the extent of the sum or sums so paid. No person other
than an Owner, as shown in the registration books kept by the Trustee, shall receive a Bond
evidencing the obligation of the Successor Agency to make payments of principal, premium, if
any, and interest pursuant to this Seventh Supplemental Indenture. Upon delivery by the
Depository to the Trustee and the Successor Agency of written notice to the effect that the
Depository has determined to substitute a new nominee in place of the Nominee, and subject to
the provisions herein with respect to Record Dates, the word Nominee in this Seventh
Supplemental Indenture shall refer to such new nominee of the Depository.
Section 6.02. Representation Letter. In order to qualify the Series 2025 Bonds for the
Depository’s book entry system, the Successor Agency shall execute and deliver to such
Depository a Representation Letter. The execution and delivery of a Representation Letter shall
not in any way impose upon the Successor Agency or the Trustee any obligation whatsoever with
respect to persons having interests in the Series 2025 Bonds other than the Owners, as shown on
the registration books kept by the Trustee. The Trustee agrees to take all action necessary to
continuously comply with all representations made by it in its Representation Letter to the extent
that such action is not inconsistent with this Seventh Supplemental Indenture. In addition to the
execution and delivery of a Representation Letter, the Chairman, the Secretary and all other
officers of the Successor Agency are hereby authorized to take any other actions, not inconsistent
with this Seventh Supplemental Indenture, to qualify the Series 2025 Bonds for the Depository’s
book entry program.
Section 6.03. Transfers Outside Book-Entry System. In the event (a) the Depository
determines not to continue to act as securities depository for the Series 2025 Bonds, or (b) the
Successor Agency determines that the Depository shall no longer so act, then the Successor
Agency will discontinue the book entry system with the Depository. If the Successor Agency fails
to identify another qualified securities depository to replace the Depository, then the Series 2025
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Bonds so designated shall no longer be restricted to being registered in the registration books kept
by the Trustee in the name of the Nominee, but shall be registered in whatever name or names
persons transferring or exchanging Series 2025 Bonds shall designate, in accordance with the
provisions of Section 2.11 hereof. In connection with any proposed transfer outside the book-
entry only system, the Successor Agency or the Depository shall provide or cause to be provided
to the Trustee all information necessary to allow the Trustee to comply with any applicable tax
reporting obligations, including without limitation any cost basis reporting obligations under
Internal Revenue Code Section 6045. The Trustee may rely on the information provided to it and
shall have no responsibility to verify or ensure the accuracy of such information.
Section 6.04. Payments to the Nominee. Notwithstanding any other provisions of this
Seventh Supplemental Indenture to the contrary, so long as any Series 2025 Bond is registered in
the name of the Nominee, all payments with respect to principal, premium, if any, and interest due
with respect to such Series 2025 Bond and all notices with respect to such Series 2025 Bond shall
be made and given, respectively, as provided in the Representation Letter or as otherwise
instructed by the Depository.
Section 6.05. Initial Depository and Nominee. The initial Depository under this Article
shall be The Depository Trust Company, New York, New York. The initial Nominee shall be Cede
& Co., as Nominee of The Depository Trust Company, New York, New York.
ARTICLE VII
[MUNICIPAL BOND INSURANCE; SURETY POLICY]
[RESERVED]
ARTICLE VIII
DISCHARGE OF INDENTURE;
MISCELLANEOUS
Section 8.01. Discharge of Seventh Supplemental Indenture. This Seventh
Supplemental Indenture may be discharged in whole or in part pursuant to Section 10.03 of the
Original Indenture. In the event payment of a portion of the Series 2025 Bonds is provided for
pursuant to Section 10.03 of the Original Indenture which results from an advance refunding of a
portion of the Series 2025 Bonds, such portion of the Series 2025 Bonds shall be redeemed pro
rata among maturities and by lot within a maturity at the earliest date upon which such portion of
the Series 2025 Bonds can be redeemed. The Trustee shall promptly notify the Successor Agency
in writing of the Series 2025 Bonds or portions thereof so selected for redemption.
Section 8.02. Governing Law and Waivers of Jury Trial. This Seventh Supplemental
Indenture shall be construed in accordance with and governed by the Constitution and laws of the
State of California. THE PARTIES HEREBY IRREVOCABLY WAIVES, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY
JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS
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SEVENTH SUPPLEMENTAL INDENTURE, THE SERIES 2025 BONDS OR THE
TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
Section 8.03. Article and Section Headings and References. The headings or titles of
the several Articles and Sections hereof, and any table of contents appended to copies hereof, shall
be solely for convenience of reference and shall not affect the meaning, construction or effect of
this Seventh Supplemental Indenture. All references herein to “Articles,” “Sections” and other
subsections are to the corresponding Articles, Sections or subsections of this Seventh
Supplemental Indenture; the words “herein,” “hereof,” “hereby,” “hereunder” and other words of
similar import refer to this Seventh Supplemental Indenture as a whole and not to any particular
Article, Section or subsection hereof; and words of the masculine gender shall mean and include
words of the feminine and neuter genders.
Section 8.04. Execution of Counterparts and Electronic Signatures. This Seventh
Supplemental Indenture may be executed in any number of counterparts, each of which shall for
all purposes be deemed to be an original and all of which shall together constitute but one and the
same instrument. This Seventh Supplemental Indenture shall be valid, binding, and enforceable
against a party only when executed and delivered by an authorized individual on behalf of the
party by means of (i) any electronic signature permitted by the federal Electronic Signatures in
Global and National Commerce Act, state enactments of the Uniform Electronic Transactions Act,
and/or any other relevant electronic signatures law, including relevant provisions of the Uniform
Commercial Code (collectively, “Signature Law”); (ii) an original manual signature; or (iii) a
faxed, scanned, or photocopied manual signature. Each electronic signature or faxed, scanned, or
photocopied manual signature shall for all purposes have the same validity, legal effect, and
admissibility in evidence as an original manual signature. Each party hereto shall be entitled to
conclusively rely upon, and shall have no liability with respect to, any faxed, scanned, or
photocopied manual signature, or other electronic signature, of any party and shall have no duty
to investigate, confirm or otherwise verify the validity or authenticity thereof. For avoidance of
doubt, original manual signatures shall be used for execution or indorsement of writings when
required under the Uniform Commercial Code or other Signature Law due to the character or
intended character of the writings.
Section 8.05. Notices and Demands. Any notice or demand which by any provision of
this Seventh Supplemental Indenture is required or permitted to be given or served by the Trustee
to or on the Successor Agency may be given or served by being deposited postage prepaid in a
post office letter box addressed (until another address is filed by the Successor Agency with the
Trustee) as follows: Successor Agency to the Rancho Cucamonga Redevelopment Agency 10500
Civic Center Drive, Rancho Cucamonga, California 91730, Attention: Executive Director; or to
the Trustee at: Computershare Trust Company, N.A., 1505 Energy Park Drive, St. Paul,
Minnesota, 55108 Attention: Corporate Trust. [Any notice required to be given to the Bond Insurer
shall be addressed to ____________].
Section 8.06. Ratification of Original Indenture. Except as specifically provided in this
Seventh Supplemental Indenture, all of the provisions of the Original Indenture remain in full force
and effect and are hereby ratified and confirmed.
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Section 8.07. Amendment. So long as the Insurance Policy remains in effect, this
Seventh Supplemental Indenture shall not be amended without the prior written consent of the
Insurer.
Section 8.08. Termination. This Seventh Supplemental Indenture shall not terminate
until such time that all amounts owed by the Agency to the Insurer relating to the Series 2025
Bonds are paid.
Section 8.09. PATRIOT ACT. The parties hereto acknowledge that in accordance with
the customer identification program requirements under the USA PATRIOT Act and its
implementing regulations, the Trustee in order to help fight the funding of terrorism and money
laundering, is required to obtain, verify, and record information that identifies each person or legal
entity that establishes a relationship or opens an account with the Trustee. The parties hereby agree
that they shall provide the Trustee with such information as it may request including, but not
limited to, each party’s name, physical address, tax identification number and other information
that will help the Trustee identify and verify each party’s identity such as organizational
documents, certificate of good standing, license to do business, or other pertinent identifying
information.
Section 8.10. Force Majeure. In no event shall the Trustee be responsible or liable for
any failure or delay in the performance of its obligations hereunder arising out of or caused by,
directly or indirectly, forces beyond its control, including, without limitation any (i) provision of
any present or future law or regulation or act of any governmental authority, (ii) act of God, (iii)
natural disaster, (iv) war, (v) terrorism, (vi) civil unrest, (vii) utility failure, (viii) labor dispute,
(ix) disease, (x) epidemic or pandemic, (xi) quarantine, (xii) national emergency, (xiii) computer
hardware or software failure, (xiv) communications system failure, (xv) malware or ransomware
attack or (xvi) unavailability of the Federal Reserve Bank wire or telex system or other applicable
wire or funds transfer system, or (xvii) unavailability of any securities clearing system.
(Signature page follows.)
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S-1
IN WITNESS WHEREOF, the Successor Agency has caused this Seventh Supplemental
Indenture to be executed in its name and attested and the Trustee, in token of its acceptance of the
trusts created hereunder has caused this Seventh Supplemental Indenture to be executed in its name
and attested all as of the day and year above written.
SUCCESSOR AGENCY TO THE
RANCHO CUCAMONGA
REDEVELOPMENT AGENCY
By:
John R. Gillison, City Manager
ATTEST:
Assistant City Clerk
COMPUTERSHARE TRUST COMPANY
NATIONAL ASSOCIATION, as Trustee
By:
Authorized Officer
-Signature Page-
Seventh Supplemental Indenture
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A-1
EXHIBIT A
Form of Series 2025 Bond
UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE
OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION (“DTC”), TO
THE SUCCESSOR AGENCY OR ITS AGENT FOR REGISTRATION OF TRANSFER,
EXCHANGE, OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE
NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUIRED BY AN
AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE &
CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED
REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR
VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE
REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.
No.$____________
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SUCCESSOR AGENCY TO THE
RANCHO CUCAMONGA REDEVELOPMENT AGENCY
RANCHO REDEVELOPMENT PROJECT
TAX ALLOCATION REFUNDING BONDS, SERIES 2025
INTEREST RATE MATURITY DATE DATED DATE CUSIP
____%___________, 2025
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: ___________________________________________DOLLARS
The SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY (hereinafter sometimes called the “Successor Agency”), as successor to the Rancho
Cucamonga Redevelopment Agency (the “Former Agency”), a public body corporate and politic,
duly organized and existing under the laws of the State of California, for value received, hereby
promises to pay (but solely out of the funds hereinafter mentioned) to the registered owner stated
above or registered assigns on the maturity date stated above (subject to the right of prior
redemption hereinafter mentioned), upon presentation and surrender of this Bond, the principal
amount set forth above with interest thereon (payable solely from said funds) from the Interest
Payment Date (as hereinafter defined) next preceding the date of authentication of this Bond
(unless (i) it is dated as of an Interest Payment Date, in which event it shall bear interest from such
Interest Payment Date, or (ii) it is dated on or before February 15, 2025, in which event it shall
bear interest from the Dated Date set forth above or (iii) it is dated between the close of business
on the fifteenth day of the month preceding any Interest Payment Date and such Interest Payment
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A-2
Date, in which event it shall bear interest from such Interest Payment Date; provided, however,
that if at the time of authentication of a Bond, interest is in default thereon, such Bond shall bear
interest from the Interest Payment Date to which interest has previously been paid or made
available for payment thereon), at the interest rate per annum set forth above, interest payable
semiannually on the first day of March and the first day of September of each and every year (the
“Interest Payment Dates”) commencing March 1, 2025 until this Bond is paid; provided, however,
that if the same is duly called for redemption, then at the date fixed for redemption, provided
moneys are available for payment or redemption thereof, as provided in the Indenture (as
hereinafter defined), this Bond shall then cease to bear interest. Principal is payable in lawful
money of the United States of America at the principal corporate trust office of Computershare
Trust Company, National Association, as trustee (the “Trustee”), in St. Paul, Minnesota or at such
other office as the Trustee may designate. Interest hereon is payable by check or draft mailed by
first class mail to the person whose name appears on the bond registration books of the Trustee as
the registered owner hereof as of the close of business on the fifteenth day of February and August
for interest payable on the succeeding March 1 and September 1, respectively, at such person’s
address at it appears on such registration books or by wire transfer to owners of $1,000,000 or
more in aggregate principal amount of Bonds at such wire transfer address as such owner shall
specify in a written notice requesting payment by wire transfer delivered to the Trustee not less
than 15 days prior to such Interest Payment Date. Interest shall be calculated on the basis of a 360-
day year comprised of twelve 30-day months.
This Bond and the interest and any premium hereon are not a debt of the City of Rancho
Cucamonga, the State of California or any of its political subdivisions and neither said city, said
state nor any of its political subdivisions is liable thereon, nor in any event shall this Bond or said
interest or premium be payable out of any moneys or properties other than the moneys of the
Agency hereinafter mentioned. This Bond does not constitute an indebtedness within the meaning
of any constitutional or statutory debt limitation or restriction. Neither the members of the
Successor Agency nor any persons executing this Bond are liable personally on this Bond by
reason of its issuance.
This Bond is one of a duly authorized issue of Bonds of the Successor Agency designated
“Successor Agency to the Rancho Cucamonga Redevelopment Agency Rancho Redevelopment
Project Tax Allocation Refunding Bonds, Series 2025” (the “Bonds”) limited in aggregate
principal amount to $__________, in various multiples of $5,000, all of like tenor (except for Bond
numbers and maturity dates and differences, if any, in interest rate) and all of which have been
issued pursuant to and in conformity with the Constitution and laws of the State of California and
particularly the provisions of Part 1 of Division 24 of the Health and Safety Code of the State of
California (the “Law”) for the purpose of paying costs of the Successor Agency’s Rancho
Redevelopment Project and are authorized by and issued pursuant to a Resolution adopted by the
Agency on ______. 2025 and a Seventh Supplemental Indenture (the “Supplemental Indenture”)
dated as of [January 1, 2025] entered into by and between the Successor Agency and the Trustee
which supplements a Trust Indenture dated as of March 1, 1990 as amended and supplemented by
the First Supplement Indenture, Second Supplement Indenture, Third Supplement Indenture,
Fourth Supplement Indenture, Fifth Supplement Indenture, Sixth Supplement Indenture and the
Supplemental Indenture being referred to herein as the “Indenture”), authorizing the issuance of
the Bonds. All of the Bonds and all Parity Bonds in accordance with the terms of the Indenture
(copies of which are on file at the office of the Successor Agency), and all indentures supplemental
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thereto, reference to which is hereby made for a specific description of the security therein
provided for the Bonds, for the nature, extent and manner of enforcement of such security, for the
covenants and agreements made for the benefit of the registered owners (the “Owners”) of the
Bonds and the Parity Bonds, and for a statement of the rights of the Owners. By the acceptance of
this Bond the Owner hereof assents to all of the terms, conditions and provisions of the Indenture.
In the manner provided in the Indenture, the Indenture and the rights and obligations of the
Successor Agency and of the Owners of the Bonds, may (with certain exceptions as stated in the
Indenture) be modified or amended with the consent of the Successor Agency and the Owners of
at least a majority of aggregate principal amount of outstanding Bonds and Parity Bonds, exclusive
of Bonds and Parity Bonds, if any, owned by the Successor Agency or the City of Rancho
Cucamonga.
Additional Parity Bonds may be issued by the Successor Agency, but only subject to the
terms of the Indenture. The principal of this Bond, the interest hereon and any premium payable
upon redemption hereof, are secured by an irrevocable and first pledge of, and are payable solely
from, Tax Revenues (as such term is defined in the Indenture) and other moneys, all as more
particularly set forth in the Indenture, which pledge is on a parity basis with the Successor
Agency’s obligation to repay the Parity Bonds.
The Bonds are not subject to optional redemption, in whole or in part prior to their stated
maturities.
If an event of default, as defined in the Indenture, shall occur, the principal of all Bonds
may be declared due and payable upon the conditions, in the manner and with the effect provided
in the Indenture, but such declaration and its consequences may be rescinded and annulled as
further provided in the Indenture.
The Bonds are issuable as fully registered Bonds without coupons in denominations of
$5,000 and any integral multiple thereof subject to the limitations and conditions and upon
payment of the charges, if any, as provided in the Indenture, Bonds may be exchanged for a like
aggregate principal amount of Bonds of other authorized denominations and of the same maturity
and interest rate.
This Bond is transferable by the registered owner hereof, in person or by his attorney duly
authorized in writing, at the above mentioned corporate trust office of the Trustee, but only in the
manner and subject to the limitations provided in the Indenture, and upon surrender and
cancellation of this Bond. Upon registration of such transfer a new fully registered Bond or Bonds,
of authorized denomination or denominations, for the same aggregate principal amount and of the
same maturity will be issued to the transferee in exchange herefor. The Trustee shall not be
required to register the transfer or exchange of any Bond selected for redemption or of any Bond
during fifteen (15) days preceding any date established by the Trustee for the selection of Bonds
for redemption.
The Successor Agency and the Trustee may treat the registered owner hereof as the
absolute owner hereof for all purposes, and the Successor Agency and the Trustee shall not be
affected by any notice to the contrary.
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This Bond shall not be entitled to any benefit under the Indenture, or become valid or
obligatory for any purpose, until the certificate of authentication hereon endorsed shall have been
signed by the Trustee.
It is hereby recited, certified and declared that any and all acts, conditions and things
required to exist, to happen and to be performed precedent to and in the issuance of this Bond exist,
have happened and have been performed in due time, form and manner as required by the
Constitution and statutes of the State of California.
IN WITNESS WHEREOF, City of Rancho Cucamonga as Successor Agency to the
Rancho Cucamonga Redevelopment Agency has caused this Bond to be signed on its behalf by
the Mayor by his facsimile signature and by its Assistant City Clerk by her facsimile signature of
said Successor Agency to be impressed, imprinted or reproduced hereon, all as of the Dated Date
set forth above.
By:_______________________________________
Mayor of the City of Rancho Cucamonga as
Successor Agency to the Rancho Cucamonga
Redevelopment Agency
ATTEST:
By:
Assistant City Clerk of the City of
Rancho Cucamonga as Successor
Agency to the Rancho Cucamonga
Redevelopment Agency
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[FORM OF CERTIFICATE OF AUTHENTICATION]
This is one of the Bonds described in the within mentioned Supplemental Indenture.
Dated: __________________
COMPUTERSHARE TRUST COMPANY,
NATIONAL ASSOCIATION
By:_______________________________________
Authorized Signatory
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[STATEMENT OF INSURANCE]
[RESERVED]
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[FORM OF ASSIGNMENT]
For value received the undersigned do(es) hereby sell, assign and transfer unto_________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
(Name, Address and Tax Identification or Social Security Number of Assignee)
the within Bond and do(es) hereby irrevocably constitute and appoint ______________________
_________________________________________ attorney, to transfer the same on the books of
the Trustee, with full power of substitution in the premises.
Dated: _______________________
Signature Guaranteed:
Note: Signature guarantee shall be made by a
guarantor institution participating in
the Securities Transfer Agents
Medallion Program or in such other
guarantee program acceptable to the
Trustee.
Note: The signature(s) on this Assignment
must correspond with the name(s) as
written on the face of the within Bond
in every particular, without alteration
or enlargement or any change
whatsoever.
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09960.00000\42614596.3
IRREVOCABLE REFUNDING INSTRUCTIONS
These IRREVOCABLE REFUNDING INSTRUCTIONS (these “Instructions”),
dated as of ________,2025, are given by the SUCCESSOR AGENCY TO THE RANCHO
CUCAMONGA REDEVELOPMENT AGENCY, a public entity existing under the laws of
the State of California (the “Successor Agency”), as successor agency of the RANCHO
CUCAMONGA REDEVELOPMENT AGENCY (the “Former Agency”), to
COMPUTERSHARE TRUST COMPANY, NATIONAL ASSOCIATION, a national banking
association organized and existing under the laws of the United States of America, acting
as trustee (the “Trustee”) for the hereinafter defined Bonds;
W l T N E S S E T H :
WHEREAS, for the purpose of financing and refinancing activities of the Former
Agency through the issuance of bonds the Former Agency previously entered into a Trust
Indenture, dated as of March 1,1990, between the Former Agency and the Trustee, as
successor to Bank of America National Trust and Savings Association, as trustee (the
“Indenture”), as amended and supplemented by the First Supplemental Indenture,
between the Former Agency and the Trustee, as successor to Bank of America National
Trust and Savings Association, as trustee (the “First Supplement”), dated as of February
1, 1994, the Second Supplemental Indenture between the Former Agency and the
Trustee, as successor to U.S. Bank Trust National Association, as trustee (the “Second
Supplement”), dated as of August 1, 1999; the Third Supplemental Indenture between
the Former Agency and Trustee, as successor to Wells Fargo Bank National Association,
as trustee (the “Third Supplement”), dated as of August 1, 2001; the Fourth Supplemental
Indenture between the Former Agency and the Trustee, as successor to Wells Fargo
Bank National Association, as trustee (the “Fourth Supplement”), dated as of
March 1, 2004, the Fifth Supplemental Indenture between the Successor Agency and the
Trustee, as successor to Wells Fargo Bank, N.A., as trustee (the “Fifth Supplement”),
dated July 1, 2014, and the Sixth Supplemental Indenture between the Successor Agency
and the Trustee, as successor to Wells Fargo Bank, N.A., as trustee (the “Sixth
Supplement”) dated October 1, 2016, and
WHEREAS, by implementation of California Assembly Bill X1 26, which amended
provisions of the California Redevelopment Law, (found at Health and Safety Code
Section 33000, et.seq.) and the California Supreme Court’s decision in California
Redevelopment Association v. Matosantos, the Former Agency was dissolved on
February 1, 2012 in accordance with California Assembly Bill X1 26 approved by the
Governor of the State of California on June 28, 2011 ("AB 26"), and on February 1, 2012,
the Successor Agency, in accordance with and pursuant to AB 26, assumed the duties
and obligations set forth in AB 26 for the Former Agency, including, without limitation, the
obligations of the Former Agency under the Indenture, the First Supplement, the Second
Supplement, the Third Supplement and the Fourth Supplement and related documents
to which the Former Agency was a party; and
WHEREAS, the Successor Agency issued its $174,050,000 Successor Agency to
the Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Area
ATTACHMENT 3
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2
Tax Allocation Refunding Bonds, Series 2014 (the “Prior Bonds”) for the purpose of
refinancing the certain outstanding bonds of the Former Agency pursuant to the Indenture
and a Fifth Supplement;
WHEREAS, the Successor Agency issued its $56,860,000 Successor Agency to
the Rancho Cucamonga Redevelopment Agency Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2016 for the purpose of refinancing the Former
Agency’s $73,305,000 Rancho Redevelopment Project Housing Set-Aside Tax Allocation
Bonds 2007 Series A Bonds pursuant to the Indenture and the Sixth Supplement;
WHEREAS, the Successor Agency has determined that it is in the best financial
interests of the Successor Agency to refund, at this time, the Prior Bonds; and
WHEREAS, in order to provide funds for such purpose, the Successor Agency is
issuing Rancho Redevelopment Project Area Tax Allocation Refunding Bonds, Series
2025 (the "Series 2025 Bonds") and applying a portion of the proceeds thereof, together
with certain other moneys, to defease and redeem all of the outstanding Prior Bonds; and
WHEREAS, the Series 2025 Bonds are being issued pursuant to a Seventh
Supplemental Indenture (the “Seventh Supplement”), dated as of [January 1, 2025],
between the Successor Agency and the Trustee; and
WHEREAS, the Successor Agency wishes to give these Instructions to the Trustee
for the purpose of providing the terms and conditions relating to the deposit and
application of moneys to provide for the payment and redemption of the outstanding Prior
Bonds;
NOW, THEREFORE, the Successor Agency hereby irrevocably instructs the
Trustee as follows:
Section 1. Establishment of the Prior Bonds Refunding Fund. The Trustee
shall establish a special fund known as the “Refunding Fund” (the “Refunding Fund”)
which shall be held separate and apart from all other funds and accounts held by it. All
amounts on deposit in the Refunding Fund are hereby irrevocably pledged as a special
trust fund for the redemption of all of the outstanding Prior Bonds on ________, 2025.
Neither the Trustee nor any other person shall have a lien upon or right of set off against
the amounts at any time on deposit in the Refunding Fund, and such amounts shall be
applied only as provided herein.
Section 2. Deposit into the Prior Bonds Escrow Fund; Investment of
Amounts. Concurrently with delivery of the Series 2025 Bonds, the Trustee shall receive
the amount of $________ in immediately available funds to be derived from a portion of
the proceeds of sale of the Series 2025 Bonds and shall deposit $_________ to the
Refunding Fund. Additionally, the Trustee shall also transfer the $______ from the funds
and accounts established for the Prior Bonds under the Fifth Supplement to the Refunding
Fund.
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The Successor Agency hereby directs the Trustee to hold all moneys in the
investments set forth in the schedule of fees or as otherwise instructed in writing by the
Successor Agency.
The Successor Agency signifies that by making the deposit described herein, it is
discharging the Prior Bonds pursuant to Section 10.03 of the Indenture.
Section 3. Proceedings for Redemption of Prior Bonds.
(a) The Successor Agency hereby irrevocably elects, and directs the Trustee, to
redeem, on ________, 2025, from amounts on deposit in the Refunding Fund, the
outstanding Prior Bonds pursuant to the provisions of Section 2.13(a) of the Fifth
Supplement. The Trustee acknowledges, that by accepting these instructions, it will give
a notice of such redemption in accordance with Section 2.13(e) of the Fifth Supplement
in order to allow for the redemption of the Prior Bonds on ________, 2025.
Section 4. Application of Funds to Redeem Prior Bonds. The Trustee shall
apply the amounts on deposit in the Refunding Fund to redeem the outstanding Prior
Bonds on __________, 2025 at a price equal to 100% of the principal amount thereof
plus accrued and unpaid interest, all in accordance with Section 2.13(a) of the Fifth
Supplement.
Section 5. Transfer of Remaining Funds. On __________ 1, 2025, following
the payment and redemption described above and payment of any amounts then owed
to the Trustee, the Trustee shall withdraw any amounts remaining on deposit in the
Refunding Fund and transfer such amounts to the Trustee for deposit into the Interest
Account established under the Indenture to be used solely for the purpose of paying
interest on the Series 2025 Bonds. The Trustee shall be entitled to compensation for its
services as stated in the schedule of fees provided to the Successor Agency.
Section 6. Amendment. These Instructions shall be irrevocable by the Successor
Agency. These Instructions may be amended or supplemented by agreement of the
Successor Agency and the Trustee, but only if the Successor Agency shall file with the
Trustee (a) an opinion of nationally recognized bond counsel engaged by the Successor
Agency stating that such amendment or supplement will not, of itself, adversely affect the
exclusion from gross income of interest on the Prior Bonds or the Series 2025 Bonds
under federal income tax law, and (b) a certification of an independent accountant or
independent financial adviser engaged by the Successor Agency stating that such
amendment or supplement will not affect the sufficiency of funds invested and held
hereunder to make the payments required by Section 4.
Section 7. Application of Certain Terms of the Indenture. All of the terms of
the Indenture, as Supplemented, relating to the payment of principal of and interest and
repayment premium, if any, on the Prior Bonds and the redemption thereof, and any of
the rights, privileges, protections, indemnities, immunities and limitations from liability
afforded the Trustee, are incorporated in these Instructions as if set forth in full herein.
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Section 8. Counterparts. These Instructions may be signed in several
counterparts, each of which will constitute an original, but all of which will constitute one
and the same instrument. These Instructions shall be valid, binding, and enforceable
against a party only when executed and delivered by an authorized individual on behalf
of the party by means of (i) any electronic signature permitted by the federal Electronic
Signatures in Global and National Commerce Act, state enactments of the Uniform
Electronic Transactions Act, and/or any other relevant electronic signatures law, including
relevant provisions of the Uniform Commercial Code (collectively, “Signature Law”); (ii)
an original manual signature; or (iii) a faxed, scanned, or photocopied manual signature.
Each electronic signature or faxed, scanned, or photocopied manual signature shall for
all purposes have the same validity, legal effect, and admissibility in evidence as an
original manual signature. Each party hereto shall be entitled to conclusively rely upon,
and shall have no liability with respect to, any faxed, scanned, or photocopied manual
signature, or other electronic signature, of any party and shall have no duty to investigate,
confirm or otherwise verify the validity or authenticity thereof. For avoidance of doubt,
original manual signatures shall be used for execution or indorsement of writings when
required under the Uniform Commercial Code or other Signature Law due to the character
or intended character of the writings.
Section 9. Governing Law and Waiver of Jury Trial. These Instructions shall
be construed in accordance with and governed by the laws of the State of California. THE
PARTIES HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL
PROCEEDING ARISING OUT OF OR RELATING TO THESE INSTRUCTIONS, THE
SERIES 2025 BONDS OR THE TRANSACTIONS CONTEMPLATED HEREBY OR
THEREBY.
Section 10.Termination. These Instructions shall terminate on the application
of all of the funds in the Redemption Fund, including any interest and investment earnings
thereon, pursuant to Sections 4 and 5 hereof, except that Section 7 hereof shall survive
termination
[Signature page follows]
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SUCCESSOR AGENCY TO THE RANCHO
CUCAMONGA REDEVELOPMENT
AGENCY
By:
John R. Gillison, City Manager
ACCEPTED:
COMPUTERSHARE TRUST COMPANY, NATIONAL ASSOCIATION,
as Trustee
By:
Authorized Officer
-Signature Page-
Irrevocable Refunding Instructions
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CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate (the “Disclosure Certificate”) is executed and delivered by the
Successor Agency to the Rancho Cucamonga Redevelopment Agency (the “Agency”) as successor to the Rancho
Cucamonga Redevelopment Agency (the “Former Agency”), in connection with the issuance of $__________
aggregate principal amount of Successor Agency of the Rancho Cucamonga Redevelopment Agency Rancho
Redevelopment Project Area Tax Allocation Refunding Bonds, Series 2025 (the “Bonds”). The Bonds are being
issued pursuant to a Trust Indenture, dated as of March 1,1990 (the “Original Indenture”), between the former
Agency and Computershare Trust Company, N.A. (the “Trustee”), as successor to Bank of America National
Trust and Savings Association (“Bank of America”) as trustee, as amended and supplemented by the First
Supplemental Indenture, between the Former Agency and Trustee, as successor to Bank of America, as trustee
(the “First Supplemental Indenture”) dated as of February 1, 1994, the Second Supplemental Indenture between
the Former Agency and Trustee, as successor to U.S. Bank Trust National Association, as trustee (the “Second
Supplement”), dated as of August 1, 1999, the Third Supplemental Indenture between the Former Agency and
Trustee, as successor to Wells Fargo Bank National Association, as trustee (the “Third Supplement”), dated as of
August 1, 2001, the Fourth Supplemental Indenture between the Former Agency and Trustee, as successor to
Wells Fargo Bank National Association, as trustee (the “Fourth Supplement”), dated as of March 1, 2004, the
Fifth Supplemental Indenture between the Agency and the Trustee, as successor to Wells Fargo Bank, N.A., as
trustee (the “Fifth Supplement”), dated July 1, 2014, and a Sixth Supplemental Indenture between the Agency and
the Trustee, as successor to Wells Fargo Bank, N.A., as trustee (the “Sixth Supplement”) dated October 1, 2016,
and a Seventh Supplemental Indenture, dated as of [January 1, 2025] between the Agency and the Trustee,
(collectively, the “Indenture”). The Agency covenants and agrees as follows:
SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and
delivered by the Agency for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist
the Participating Underwriter in complying with Securities and Exchange Commission (“S.E.C.”) Rule 15c2-
12(b)(5).
SECTION 2. Definitions. In addition to the definitions set forth in the Indenture, which apply to any
capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following
capitalized terms shall have the following meanings:
“Annual Report Date” shall mean the date in each year not later than April 1 following the end of the
Agency’s fiscal year, the end of which, as of the date of this Disclosure Certificate, is June 30.
“Dissemination Agent” shall mean, initially, Computershare Trust Company, N.A., acting in its capacity
as dissemination agent hereunder, or any successor dissemination agent that is so designated in writing by the
Agency and which has filed with the then current dissemination agent a written acceptance of such designation.
“Listed Events” shall mean any of the events listed in Section 5(a) of this Disclosure Certificate.
“MSRB” shall mean the Municipal Securities Rulemaking Board.
“Official Statement” shall mean the Official Statement relating to the Bonds.
“Initial Purchaser” shall mean Stifel, Nicolaus and Company, Inc.; the initial purchaser of the Bonds
required to comply with the Rule in connection with the offering of the Bonds.
“Rule” shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the
Securities Exchange Act of 1934, as the same may be amended from time to time.
SECTION 3. Provision of Annual Reports.
(a) The Agency shall, or shall cause the Dissemination Agent to, not later than nine months after the
end of the Agency’s fiscal year (which shall be April 1 of each year, so long as the Issuer’s fiscal year ends on
June 30), commencing with the report for the 2024-2025 fiscal year (which shall be April 1, 2025), provide to the
ATTACHMENT 4
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MSRB an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate.
The Annual Report may cross-reference other information as provided in Section 4 of this Disclosure Certificate;
provided, that the audited financial statements of the Agency may be submitted separately from the balance of the
Annual Report and later than the date required above for the filing of the Annual Report if they are not available
by that date. If the Agency’s fiscal year changes, it shall provide written notice of such change in the same manner
as for a Listed Event under Section 5(c). The Annual Report shall be submitted on a standard form in use by
industry participants or other appropriate form and shall identify the Bonds by name and CUSIP number.
(b) Not later than fifteen (15) Business Days prior to said date, the Agency shall provide the Annual
Report to an authorized officer of the Dissemination Agent (if other than the Agency). If the Agency is unable to
provide to the MSRB an Annual Report by the date required in subsection (a), the Agency shall send or cause to
be sent to the MSRB a notice in substantially the form attached as Exhibit A or such other form as prescribed or
acceptable to the MSRB.
(c) The Dissemination Agent upon its receipt of such Annual Report shall (if the Dissemination
Agent is other than the Agency), file a report with the Agency certifying that the Annual Report has been provided
pursuant to this Disclosure Certificate, stating the date it was provided to the MSRB.
SECTION 4. Content of Annual Reports. The Agency’s Annual Report shall contain or include by
reference the following:
(a) Audited financial statements of the Agency for the preceding fiscal year either as a separate audit
of the Agency or as a combined statement with the City’s comprehensive audited financial report, prepared in
accordance with generally accepted accounting principles and the laws of the state of California, including all
statements and information prescribed for inclusion therein by the Governmental Accounting Standards Board. If
the audited financial statements are not available by the time the Annual Report is required to be filed pursuant to
Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial
statements contained in the final Official Statement, and the audited financial statements shall be provided to the
MSRB in the same manner as the Annual Report when they become available.
To the extent not included in the audited financial statement of the Agency, the Annual Report shall also include
the following:
(b) Principal amount of Bonds outstanding.
(c) Agency outstanding debt, including without limitation any Parity Bonds and subordinate debt.
(d) Information regarding total assessed valuation of taxable properties within the Project Area, as
set forth in Table 3 of the Official Statement of the Agency, dated ___________, 2025 (the “Official Statement”),
if and to the extent provided to the Agency by the County of San Bernardino (the “County”).
(e) Information regarding total secured tax charges and delinquencies on taxable properties within
the Project Area, including without limitation the identities of any delinquent taxpayers that account for more than
10% of the total tax levy within the Project Area, if and to the extent provided to the Agency by the County.
(f) Information regarding the top ten (10) tax payers within the Project Area, as set forth in Table [1]
of the Official Statement, if and to the extent provided to the Agency by the County.
(g) Information regarding assessment appeals by large taxpayers and the estimated loss on appeal as
shown in Tables [4 and 5] in the Official Statement.
(h) Debt service coverage on the Bonds for the most recently completed fiscal year in substantially
the form of Table [10] of the Official Statement; no projected coverage needs to be presented.
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(i) Information on the total amount of tax increment allocated to the Successor Agency in such fiscal
year and the annual maximum amount of tax increment which may be received by the Successor Agency in such
fiscal year.
Any or all of the items listed above may be set forth in one or a set of documents or may be included by specific
reference to other documents, including official statements of debt issues of the Agency or related public entities,
which have been available to the public on the MSRB’s website. The Agency shall clearly identify each such
other document so included by reference.
SECTION 5. Reporting of Significant Events.
(a) Pursuant to the provisions of this Section 5, the Agency shall give, or cause to be given, notice of the
occurrence of any of the following events with respect to the Bonds:
(i) principal and interest payment delinquencies;
(ii) non-payment related defaults, if material;
(iii) unscheduled draws on any reserve fund for the Bonds reflecting financial difficulties;
(iv) unscheduled draws on any credit enhancements securing the Bonds reflecting financial
difficulties;
(v) substitution of any credit or liquidity providers, or their failure to perform;
(vi) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final
determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or
determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the
Bonds;
(vii) modifications to the rights of owners of the Bonds, if material;
(viii) Bond calls, if material, and tender offers for the Bonds;
(ix) defeasances;
(x) any release, substitution, or sale of property securing repayment of the Bonds, if material;
(xi) rating changes;
(xii) any bankruptcy, insolvency, receivership, or similar event of the Agency. This Listed Event is
considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer
for the Agency in a proceeding under the Bankruptcy Code or in any other proceeding under state or federal law
in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business
of the Agency, or if such jurisdiction has been assumed by leaving the existing governing body and officials or
officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry
of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority
having supervision or jurisdiction over substantially all of the assets or business of the Agency;
(xiii) the consummation of a merger, consolidation, or acquisition involving the Agency or the sale of
all or substantially all of the assets of the Agency, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such
actions, other than pursuant to its terms, if material;
(xiv) appointment of a successor or additional trustee or the change of name of a trustee, if material;
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(xv) the incurrence of a financial obligation of the Agency, if material, or agreement to covenants,
events of default, remedies, priority rights, or other similar terms of a financial obligation of the Agency, any of
which affect security holders, if material; and
(xvi) default, event of acceleration, termination event, modification of terms, or other similar events
under the terms of a financial obligation of the Agency, any of which reflect financial difficulties.
(b) Upon and after the occurrence of a Listed Event listed under subsection (a)(ii), (a)(vii), (a)(viii),
(a)(x), (a)(xiii), (a)(xiv), (a)(xv) or (a)(xvi) above, the Agency shall as soon as possible determine if such event
would be material under applicable federal securities laws. If the Agency determines that knowledge of the
occurrence of such Listed Event would be material under applicable federal securities laws, the Agency shall
promptly notify the Dissemination Agent in writing. Such written notice shall instruct the Dissemination Agent
to report the occurrence pursuant to subsection (d) below.
(c) Upon and after the occurrence of any Listed Event (other than a Listed Event listed under
subsection (a)(ii), (a)(vii), (a)(viii), (a)(x), (a)(xiii), (a)(xiv), (a)(xv) or (a)(xvi) above), the Agency shall promptly
notify the Dissemination Agent in writing. Such notice shall instruct the Dissemination Agent to report the
occurrence pursuant to subsection (d) below.
(d) If the Dissemination Agent has been instructed by the Agency to report the occurrence of a Listed
Event, the Dissemination Agent shall file a notice of such occurrence with MSRB not later than ten (10) Business
Days after the occurrence of such Listed Event. Such notice must be submitted in an electronic format as
prescribed by MSRB, accompanied by such identifying information as prescribed by MSRB. Notwithstanding the
foregoing, notice of a Listed Event described in subsection (a)(viii) need not be given under this subsection any
earlier than the notice (if any) of the underlying event is given to owners of affected Bonds pursuant to the
Indenture. The Agency hereby agrees that the undertaking set forth in this Disclosure Certificate is the sole
responsibility of the Agency and that neither the Trustee nor the Dissemination Agent shall be responsible or liable
for determining whether the Agency’s written instructions to the Dissemination Agent under this Section 5 comply
with the requirements of the Rule.
(e) The Agency shall give, or cause to be given, notice of the occurrence of any of the following
events with respect to the Bonds, if material, in a timely manner not later than ten business days after the
occurrence of the event:
1. Unless described in paragraph 5(a)(vi), other material notices or determinations by the
Internal Revenue Service with respect to the tax status of the Bonds or other material events affecting the
tax status of the Bonds;
2. Modifications to rights of Bondholders;
3. Optional, unscheduled or contingent Bond calls;
4. Release, substitution, or sale of property securing repayment of the Bonds;
5. Non-payment related defaults;
6. The consummation of a merger, consolidation, or acquisition involving an obligated
person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary
course of business, the entry into a definitive agreement to undertake such an action or the termination of
a definitive agreement relating to any such actions, other than pursuant to its terms; or
7. Appointment of a successor or additional trustee or the change of name of a trustee.
(e) Upon and after the occurrence of a Listed Event listed under subsection (a)(ii), (a)(vii),
(a)(viii), (a)(x), (a)(xiii), (a)(xiv), (a)(xv) or (a)(xvi) above, the Agency shall as soon as possible determine if such
Page 424
09960.00000\42614528.3
S-5
event would be material under applicable federal securities laws. If the Agency determines that knowledge of the
occurrence of such Listed Event would be material under applicable federal securities laws, the Agency shall
promptly notify the Dissemination Agent in writing. Such notice shall instruct the Dissemination Agent to report
the occurrence pursuant to subsection (d) below.
(f) Upon and after the occurrence of any Listed Event (other than a Listed Event listed under
subsection (a)(ii), (a)(vii), (a)(viii), (a)(x), (a)(xiii), (a)(xiv), (a)(xv) or (a)(xvi) above), the Agency shall promptly
notify the Dissemination Agent in writing. Such notice shall instruct the Dissemination Agent to report the
occurrence pursuant to section 6 (d) above.
(g) If the Dissemination Agent has been instructed by the Agency to report the occurrence of
a Listed Event, the Dissemination Agent shall file a notice of such occurrence with MSRB not later than ten (10)
Business Days after the occurrence of such Listed Event. Such notice must be submitted in an electronic format
as prescribed by MSRB, accompanied by such identifying information as prescribed by MSRB. Notwithstanding
the foregoing, notice of a Listed Event described in subsection (a)(viii) need not be given under this subsection
any earlier than the notice (if any) of the underlying event is given to owners of affected Bonds pursuant to the
Indenture. The Agency hereby agrees that the undertaking set forth in this Disclosure Certificate is the sole
responsibility of the Agency and that neither the Trustee nor the Dissemination Agent shall be responsible or liable
for determining whether the Agency’s instructions to the Dissemination Agent under this Section 5 comply with
the requirements of the Rule.
SECTION 6. Format for Filings with MSRB. Any report or filing with the MSRB pursuant to this
Disclosure Certificate must be submitted in electronic format, accompanied by such identifying information as is
prescribed by the MSRB.
SECTION 7. Termination of Reporting Obligation. The Agency’s and the Dissemination Agent’s
obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or
payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the Agency
shall give notice of such termination in the same manner as for a Listed Event under Section 5(c).
SECTION 8. Dissemination Agent. The Authority hereby appoints Computershare Trust Company,
N.A., as the initial Dissemination Agent hereunder to assist them in carrying out their obligations under this
Disclosure Certificate. The Authority may discharge any Dissemination Agent by providing prior written notice
to the Dissemination Agent, with or without appointing a successor dissemination agent. The Dissemination Agent
may at any time resign by providing prior written notice of such resignation to the Authority. The Dissemination
Agent shall not be responsible in any manner for the content of any report or notice prepared by the Authority
pursuant to this Disclosure Certificate. The Dissemination Agent shall have no duty to prepare any information or
report, nor shall the Dissemination Agent be responsible for filing any information or report not provided to it by
the Authority in a timely manner and in a form suitable for filing. The Dissemination Agent shall receive
compensation for its services provided under this Disclosure Certificate. The Dissemination Agent shall have only
such duties as are specifically set forth in this Disclosure Certificate, and the Authority shall indemnify and hold
the Dissemination Agent, its officers, directors, employees, affiliates and agents, harmless against any loss,
expense and liabilities which it may incur arising out of or in connection with the exercise or performance of its
powers and duties hereunder, including the costs and expenses (including attorney’s fees and expenses) of
defending against any claim of liability, but excluding liabilities due to the Dissemination Agent’s gross
negligence or willful misconduct. The obligations of the Authority under this section shall survive resignation or
removal of the Dissemination Agent and payment of the Bonds. The Dissemination Agent shall not be deemed to
be acting in any fiduciary capacity for the Authority, any holder of an Bond or any other party.
SECTION 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate,
the Agency may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived,
provided that the following conditions are satisfied:
(a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, 5(a) or 5(b), it
may only be made in connection with a change in circumstances that arises from a change in legal
Page 425
09960.00000\42614528.3
S-6
requirements, change in law, or change in the identity, nature or status of an obligated person with respect
to the Bonds, or the type of business conducted;
(b) The undertaking, as amended or taking into account such waiver, would, in the opinion
of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the
original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule,
as well as any change in circumstances; and
(c) The amendment or waiver does not, in the opinion of nationally recognized bond counsel,
materially impair the interests of the Holders or Beneficial Owners of the Bonds.
In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Agency shall describe
such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason
for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on
the presentation) of financial information or operating data being presented by the Agency. In addition, if the
amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such
change shall be given in a filing with the MSRB, and (ii) the Annual Report for the year in which the change is
made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the
financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of
the former accounting principles.
SECTION 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent
the Agency from disseminating any other information, using the means of dissemination set forth in this
Disclosure Certificate or any other means of communication, or including any other information in any Annual
Report or notice required to be filed pursuant to this Disclosure Certificate, in addition to that which is required
by this Disclosure Certificate. If the Agency chooses to include any information in any Annual Report or notice
in addition to that which is specifically required by this Disclosure Certificate, the Agency shall have no obligation
under this Certificate to update such information or include it in any future Annual Report or notice of occurrence
of a Listed Event or any other event required to be reported.
SECTION 11. Default. In the event of a failure of the Agency to comply with any provision of this
Disclosure Certificate any Holder or Beneficial Owner of the Bonds may take such actions as may be necessary
and appropriate, including seeking mandate or specific performance by court order, to cause the Agency to comply
with its obligations under this Disclosure Certificate; provided, that any such action may be instituted only in
Superior Court of the State of California in and for the County of San Bernardino or in U.S. District Court in or
nearest to the County. The sole remedy under this Disclosure Certificate in the event of any failure of the Agency
to comply with this Disclosure Certificate shall be an action to compel performance.
SECTION 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Agency,
the Dissemination Agent, the Participating Underwriter and Holders and Beneficial Owners from time to time of
the Bonds, and shall create no rights in any other person or entity.
(Balance of this page intentionally left blank.)
Page 426
09960.00000\42614528.3
S-1
Date: _________, 2025.
SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA
REDEVELOPMENT AGENCY
By
John R. Gillison, City Manager
-Signature Page-
Continuing Disclosure Certificate
Page 427
09960.00000\42614528.3
A-1
CONTINUING DISCLOSURE EXHIBIT A
FORM OF NOTICE TO THE MUNICIPAL SECURITIES RULEMAKING BOARD
OF FAILURE TO FILE ANNUAL REPORT
Name of Agency:SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA
REDEVELOPMENT AGENCY
Name of Bond Issue:SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA
REDEVELOPMENT AGENCY RANCHO REDEVELOPMENT
PROJECT AREA TAX ALLOCATION REFUNDING BONDS, SERIES
2025
Date of Issuance:__________________, 2025
NOTICE IS HEREBY GIVEN that the Agency has not provided an Annual Report with respect to the above-
named Bonds as required by Section 4 of the Continuing Disclosure Certificate of the Agency, dated the Date of
Issuance. [The Agency anticipates that the Annual Report will be filed by _____________.]
Dated:_______________
SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA
REDEVELOPMENT AGENCY
By [to be signed only if filed]
Page 428
Debt Service Savings Analysis
Series 2025
'AA-' underlying (1)(2)
Refunding Bond Amount $90,705,000
Par Refunded $96,590,000
Final Maturity 9/1/2032
Average Coupon of Refunded Bonds 5.00%
Average Coupon of Refunding Bonds 5.00%
True Interest Cost (effective rate)2.70%
Net Present Value Savings ($)$8,383,365
Net Present Value Savings (%)8.68%
Nominal Savings ($) $9,395,338
Average Annual Savings ($)(3)$1,174,417
Taxing Entities Share of Average Annual Savings:
CITY OF RANCHO CUCAMONGA $59,222
RANCHO CUCAMONGA FIRE DISTRICT $144,568
EDUCATION REVENUE AUGMENTATION FUND $260,308
CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT $181,359
COUNTY GENERAL FUND $171,907
CUCAMONGA ELEMENTARY SCHOOL DISTRICT $106,042
ETIWANDA ELEMENTARY SCHOOL DISTRICT $66,991
CHAFFEY COMMUNITY COLLEGE $49,711
INLAND EMPIRE UTILITIES AGENCY - GTL IMP C $33,841
FLOOD CONTROL ZONE 1 $30,254
CENTRAL ELEMENTARY SCHOOL DISTRICT $25,408
INLAND EMPIRE UTILITIES AGENCY - GTL MID-VALLEY $17,825
CHINO BASIN WATER CONSERVATION DISTRICT $5,943
ALTA LOMA ELEMENTARY SCHOOL DISTRICT $5,916
SUPT. OF SCHOOLS - GENERAL TAX LEVY $5,899
SUPT. OF SCHOOLS - PHYSICALLY HANDICAPPED $2,320
INLAND EMPIRE JT RESOURCE CONSERVATION DISTRICT $2,268
FLOOD CONTROL ADMIN 1 & 2 $2,146
SUPT. OF SCHOOLS - MENTAL RETARDATION $1,863
SUPT. OF SCHOOLS - DEVELOPMENT CENTER $608
INLAND EMPIRE UTILITIES AGENCY - GENERAL TAX LEVY $18
Total $1,174,417
Notes
(1) Preliminary Cash Flows as of 09/06/2024. Closing Date of 01/07/2025.
(2) Refunding assumes Surety at 3.00%.
(3) Average annual savings calculated by taking the total nominal savings and divided by
the remaining term on the Refunded Bonds.
Successor Agency to the Rancho Cucamonga Redevelopment Agency
Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2025
ATTACHMENT 5
Page 429
Prepared by Stifel, Nicolaus & Company, Inc. (MG) Page 1
SOURCES AND USES OF FUNDS
Successor Agency to the Rancho Cucamonga Redevelopment Agency
Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2024
****************************************************************************************************
Assumes AA- Interest Rate Scale
Market Conditions as of September 6, 2024
****************************************************************************************************
Dated Date 01/07/2025
Delivery Date 01/07/2025
Sources:
Bond Proceeds:
Par Amount 90,705,000.00
Premium 8,724,299.50
99,429,299.50
Uses:
Refunding Escrow Deposits:
SLGS Purchases 98,266,097.00
Delivery Date Expenses:
Cost of Issuance 410,000.00
Underwriter's Discount 453,525.00
Surety Expense (3%) 298,287.90
1,161,812.90
Other Uses of Funds:
Contingency 1,389.60
99,429,299.50
Notes:
1. Preliminary, subject to change
2. The use of 'AA-' rating is consistent with the rating of the outstanding bonds
3. The City's actual results may differ, and Stifel makes no commitment to underwrite as these levels.
4. Costs of issuance and underwriter's discount are estimates for discussion purposes.
5. Analysis was performed with no changes to the term or the structure of the debt service from the currently outstanding issue.
6. The escrow has been funded with SLGS but in no way is Stifel recommending this or any other investment strategy.
Page 430
Prepared by Stifel, Nicolaus & Company, Inc. (MG) Page 2
SUMMARY OF REFUNDING RESULTS
Successor Agency to the Rancho Cucamonga Redevelopment Agency
Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2024
****************************************************************************************************
Assumes AA- Interest Rate Scale
Market Conditions as of September 6, 2024
****************************************************************************************************
Dated Date 01/07/2025
Delivery Date 01/07/2025
Arbitrage yield 2.580558%
Escrow yield 5.053334%
Value of Negative Arbitrage -592,073.89
Bond Par Amount 90,705,000.00
True Interest Cost 2.698557%
Net Interest Cost 2.874592%
All-In TIC 2.884447%
Average Coupon 5.000000%
Average Life 4.290
Par amount of refunded bonds 96,590,000.00
Average coupon of refunded bonds 5.000000%
Average life of refunded bonds 4.406
PV of prior debt to 01/07/2025 @ 2.580558% 107,811,274.72
Net PV Savings 8,383,364.82
Percentage savings of refunded bonds 8.679330%
Notes:
1. Preliminary, subject to change
2. The use of 'AA-' rating is consistent with the rating of the outstanding bonds
3. The City's actual results may differ, and Stifel makes no commitment to underwrite as these levels.
4. Costs of issuance and underwriter's discount are estimates for discussion purposes.
5. Analysis was performed with no changes to the term or the structure of the debt service from the currently outstanding issue.
6. The escrow has been funded with SLGS but in no way is Stifel recommending this or any other investment strategy.
Page 431
Prepared by Stifel, Nicolaus & Company, Inc. (MG) Page 3
BOND SUMMARY STATISTICS
Successor Agency to the Rancho Cucamonga Redevelopment Agency
Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2024
****************************************************************************************************
Assumes AA- Interest Rate Scale
Market Conditions as of September 6, 2024
****************************************************************************************************
Dated Date 01/07/2025
Delivery Date 01/07/2025
First Coupon 03/01/2025
Last Maturity 09/01/2032
Arbitrage Yield 2.580558%
True Interest Cost (TIC) 2.698557%
Net Interest Cost (NIC) 2.874592%
All-In TIC 2.884447%
Average Coupon 5.000000%
Average Life (years) 4.290
Duration of Issue (years) 3.922
Par Amount 90,705,000.00
Bond Proceeds 99,429,299.50
Total Interest 19,456,912.50
Net Interest 11,186,138.00
Total Debt Service 110,161,912.50
Maximum Annual Debt Service 14,942,912.50
Average Annual Debt Service 14,400,250.00
Average
Par Average Average Maturity PV of 1 bp
Bond Component Value Price Coupon Life Date change
Serial Bond 90,705,000.00 109.618 5.000% 4.290 04/22/2029 38,648.85
90,705,000.00 4.290 38,648.85
All-In Arbitrage
TIC TIC Yield
Par Value 90,705,000.00 90,705,000.00 90,705,000.00
+ Accrued Interest
+ Premium (Discount) 8,724,299.50 8,724,299.50 8,724,299.50
- Underwriter's Discount -453,525.00 -453,525.00
- Cost of Issuance Expense -410,000.00
- Other Amounts -298,287.90
Target Value 98,975,774.50 98,267,486.60 99,429,299.50
Target Date 01/07/2025 01/07/2025 01/07/2025
Yield 2.698557% 2.884447% 2.580558%
Notes:
1. Preliminary, subject to change
2. The use of 'AA-' rating is consistent with the rating of the outstanding bonds
3. The City's actual results may differ, and Stifel makes no commitment to underwrite as these levels.
4. Costs of issuance and underwriter's discount are estimates for discussion purposes.
5. Analysis was performed with no changes to the term or the structure of the debt service from the currently outstanding issue.
6. The escrow has been funded with SLGS but in no way is Stifel recommending this or any other investment strategy.
Page 432
Prepared by Stifel, Nicolaus & Company, Inc. (MG) Page 4
BOND PRICING
Successor Agency to the Rancho Cucamonga Redevelopment Agency
Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2024
****************************************************************************************************
Assumes AA- Interest Rate Scale
Market Conditions as of September 6, 2024
****************************************************************************************************
Maturity Premium
Bond Component Date Amount Rate Yield Price (-Discount)
Serial Bond:
09/01/2025 11,995,000 5.000% 2.490% 101.605 192,519.75
09/01/2026 9,665,000 5.000% 2.440% 104.112 397,424.80
09/01/2027 10,150,000 5.000% 2.490% 106.395 649,092.50
09/01/2028 10,660,000 5.000% 2.510% 108.629 919,851.40
09/01/2029 11,190,000 5.000% 2.490% 110.953 1,225,640.70
09/01/2030 11,750,000 5.000% 2.540% 112.868 1,511,990.00
09/01/2031 12,340,000 5.000% 2.620% 114.435 1,781,279.00
09/01/2032 12,955,000 5.000% 2.700% 115.797 2,046,501.35
90,705,000 8,724,299.50
Dated Date 01/07/2025
Delivery Date 01/07/2025
First Coupon 03/01/2025
Par Amount 90,705,000.00
Premium 8,724,299.50
Production 99,429,299.50 109.618323%
Underwriter's Discount -453,525.00 -0.500000%
Purchase Price 98,975,774.50 109.118323%
Accrued Interest
Net Proceeds 98,975,774.50
Notes:
1. Preliminary, subject to change
2. The use of 'AA-' rating is consistent with the rating of the outstanding bonds
3. The City's actual results may differ, and Stifel makes no commitment to underwrite as these levels.
4. Costs of issuance and underwriter's discount are estimates for discussion purposes.
5. Analysis was performed with no changes to the term or the structure of the debt service from the currently outstanding issue.
6. The escrow has been funded with SLGS but in no way is Stifel recommending this or any other investment strategy.
Page 433
Prepared by Stifel, Nicolaus & Company, Inc. (MG) Page 5
BOND DEBT SERVICE
Successor Agency to the Rancho Cucamonga Redevelopment Agency
Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2024
****************************************************************************************************
Assumes AA- Interest Rate Scale
Market Conditions as of September 6, 2024
****************************************************************************************************
Dated Date 01/07/2025
Delivery Date 01/07/2025
Period
Ending Principal Interest Debt Service
09/01/2025 11,995,000 2,947,912.50 14,942,912.50
09/01/2026 9,665,000 3,935,500.00 13,600,500.00
09/01/2027 10,150,000 3,452,250.00 13,602,250.00
09/01/2028 10,660,000 2,944,750.00 13,604,750.00
09/01/2029 11,190,000 2,411,750.00 13,601,750.00
09/01/2030 11,750,000 1,852,250.00 13,602,250.00
09/01/2031 12,340,000 1,264,750.00 13,604,750.00
09/01/2032 12,955,000 647,750.00 13,602,750.00
90,705,000 19,456,912.50 110,161,912.50
Notes:
1. Preliminary, subject to change
2. The use of 'AA-' rating is consistent with the rating of the outstanding bonds
3. The City's actual results may differ, and Stifel makes no commitment to underwrite as these levels.
4. Costs of issuance and underwriter's discount are estimates for discussion purposes.
5. Analysis was performed with no changes to the term or the structure of the debt service from the currently outstanding issue.
6. The escrow has been funded with SLGS but in no way is Stifel recommending this or any other investment strategy.
Page 434
Prepared by Stifel, Nicolaus & Company, Inc. (MG) Page 6
BOND DEBT SERVICE
Successor Agency to the Rancho Cucamonga Redevelopment Agency
Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2024
****************************************************************************************************
Assumes AA- Interest Rate Scale
Market Conditions as of September 6, 2024
****************************************************************************************************
Dated Date 01/07/2025
Delivery Date 01/07/2025
Period Annual
Ending Principal Interest Debt Service Debt Service
03/01/2025 680,287.50 680,287.50
09/01/2025 11,995,000 2,267,625.00 14,262,625.00 14,942,912.50
03/01/2026 1,967,750.00 1,967,750.00
09/01/2026 9,665,000 1,967,750.00 11,632,750.00 13,600,500.00
03/01/2027 1,726,125.00 1,726,125.00
09/01/2027 10,150,000 1,726,125.00 11,876,125.00 13,602,250.00
03/01/2028 1,472,375.00 1,472,375.00
09/01/2028 10,660,000 1,472,375.00 12,132,375.00 13,604,750.00
03/01/2029 1,205,875.00 1,205,875.00
09/01/2029 11,190,000 1,205,875.00 12,395,875.00 13,601,750.00
03/01/2030 926,125.00 926,125.00
09/01/2030 11,750,000 926,125.00 12,676,125.00 13,602,250.00
03/01/2031 632,375.00 632,375.00
09/01/2031 12,340,000 632,375.00 12,972,375.00 13,604,750.00
03/01/2032 323,875.00 323,875.00
09/01/2032 12,955,000 323,875.00 13,278,875.00 13,602,750.00
90,705,000 19,456,912.50 110,161,912.50 110,161,912.50
Notes:
1. Preliminary, subject to change
2. The use of 'AA-' rating is consistent with the rating of the outstanding bonds
3. The City's actual results may differ, and Stifel makes no commitment to underwrite as these levels.
4. Costs of issuance and underwriter's discount are estimates for discussion purposes.
5. Analysis was performed with no changes to the term or the structure of the debt service from the currently outstanding issue.
6. The escrow has been funded with SLGS but in no way is Stifel recommending this or any other investment strategy.
Page 435
Prepared by Stifel, Nicolaus & Company, Inc. (MG) Page 7
SAVINGS
Successor Agency to the Rancho Cucamonga Redevelopment Agency
Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2024
****************************************************************************************************
Assumes AA- Interest Rate Scale
Market Conditions as of September 6, 2024
****************************************************************************************************
Present Value
Prior Refunding to 01/07/2025
Date Debt Service Debt Service Savings @ 2.5805576%
09/01/2025 14,944,500.00 14,942,912.50 1,587.50 23,570.77
09/01/2026 14,943,750.00 13,600,500.00 1,343,250.00 1,290,007.67
09/01/2027 14,942,750.00 13,602,250.00 1,340,500.00 1,254,494.49
09/01/2028 14,945,250.00 13,604,750.00 1,340,500.00 1,222,443.73
09/01/2029 14,944,750.00 13,601,750.00 1,343,000.00 1,193,416.46
09/01/2030 14,945,000.00 13,602,250.00 1,342,750.00 1,162,680.96
09/01/2031 14,944,500.00 13,604,750.00 1,339,750.00 1,130,402.95
09/01/2032 14,946,750.00 13,602,750.00 1,344,000.00 1,104,958.18
119,557,250.00 110,161,912.50 9,395,337.50 8,381,975.22
Savings Summary
Dated Date 01/07/2025
Delivery Date 01/07/2025
PV of savings from cash flow 8,381,975.22
Plus: Refunding funds on hand 1,389.60
Net PV Savings 8,383,364.82
Notes:
1. Preliminary, subject to change
2. The use of 'AA-' rating is consistent with the rating of the outstanding bonds
3. The City's actual results may differ, and Stifel makes no commitment to underwrite as these levels.
4. Costs of issuance and underwriter's discount are estimates for discussion purposes.
5. Analysis was performed with no changes to the term or the structure of the debt service from the currently outstanding issue.
6. The escrow has been funded with SLGS but in no way is Stifel recommending this or any other investment strategy.
Page 436
Prepared by Stifel, Nicolaus & Company, Inc. (MG) Page 8
SUMMARY OF BONDS REFUNDED
Successor Agency to the Rancho Cucamonga Redevelopment Agency
Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2024
****************************************************************************************************
Assumes AA- Interest Rate Scale
Market Conditions as of September 6, 2024
****************************************************************************************************
Maturity Interest Par Call Call
Bond Date Rate Amount Date Price
2014 Tax Allocation Refunding Bonds, 2014TAB, SERIAL:
09/01/2025 5.000% 10,115,000 04/07/2025 100.000
09/01/2026 5.000% 10,620,000 04/07/2025 100.000
09/01/2027 5.000% 11,150,000 04/07/2025 100.000
09/01/2028 5.000% 11,710,000 04/07/2025 100.000
09/01/2029 5.000% 12,295,000 04/07/2025 100.000
09/01/2030 5.000% 12,910,000 04/07/2025 100.000
09/01/2031 5.000% 13,555,000 04/07/2025 100.000
09/01/2032 5.000% 14,235,000 04/07/2025 100.000
96,590,000
Notes:
1. Preliminary, subject to change
2. The use of 'AA-' rating is consistent with the rating of the outstanding bonds
3. The City's actual results may differ, and Stifel makes no commitment to underwrite as these levels.
4. Costs of issuance and underwriter's discount are estimates for discussion purposes.
5. Analysis was performed with no changes to the term or the structure of the debt service from the currently outstanding issue.
6. The escrow has been funded with SLGS but in no way is Stifel recommending this or any other investment strategy.
Page 437
Prepared by Stifel, Nicolaus & Company, Inc. (MG) Page 9
ESCROW REQUIREMENTS
Successor Agency to the Rancho Cucamonga Redevelopment Agency
Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2024
****************************************************************************************************
Assumes AA- Interest Rate Scale
Market Conditions as of September 6, 2024
****************************************************************************************************
Period Principal
Ending Interest Redeemed Total
03/01/2025 2,414,750.00 2,414,750.00
04/07/2025 482,950.00 96,590,000 97,072,950.00
2,897,700.00 96,590,000 99,487,700.00
Notes:
1. Preliminary, subject to change
2. The use of 'AA-' rating is consistent with the rating of the outstanding bonds
3. The City's actual results may differ, and Stifel makes no commitment to underwrite as these levels.
4. Costs of issuance and underwriter's discount are estimates for discussion purposes.
5. Analysis was performed with no changes to the term or the structure of the debt service from the currently outstanding issue.
6. The escrow has been funded with SLGS but in no way is Stifel recommending this or any other investment strategy.
Page 438
Prepared by Stifel, Nicolaus & Company, Inc. (MG) Page 10
ESCROW DESCRIPTIONS
Successor Agency to the Rancho Cucamonga Redevelopment Agency
Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2024
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Assumes AA- Interest Rate Scale
Market Conditions as of September 6, 2024
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Type of Type of Maturity First Int Par Max
Security SLGS Date Pmt Date Amount Rate Rate
Jan 7, 2025:
SLGS Certificate 03/01/2025 03/01/2025 2,396,378 5.280% 5.280%
SLGS Certificate 04/07/2025 04/07/2025 95,869,719 5.090% 5.090%
98,266,097
SLGS Summary
SLGS Rates File 06SEP24
Total Certificates of Indebtedness 98,266,097.00
Notes:
1. Preliminary, subject to change
2. The use of 'AA-' rating is consistent with the rating of the outstanding bonds
3. The City's actual results may differ, and Stifel makes no commitment to underwrite as these levels.
4. Costs of issuance and underwriter's discount are estimates for discussion purposes.
5. Analysis was performed with no changes to the term or the structure of the debt service from the currently outstanding issue.
6. The escrow has been funded with SLGS but in no way is Stifel recommending this or any other investment strategy.
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Prepared by Stifel, Nicolaus & Company, Inc. (MG) Page 11
FORMULA VERIFICATION
Successor Agency to the Rancho Cucamonga Redevelopment Agency
Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2024
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Assumes AA- Interest Rate Scale
Market Conditions as of September 6, 2024
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Component Formula Value
SURETY 3% * 10% of Reasonable Par Amount 298,287.90
SURETY 3% * maximum annual Debt Service 448,287.38
SURETY 3% * 125% of average annual adjusted Debt Service 540,009.38
SURETY Surety Expense (3%) 298,287.90
FORM Total Prior Debt Service through 3/1/2025 2,414,750.00
FORM - total Debt Service through 3/1/2025 -680,287.50
FORM Other Formula 1,734,462.50
Notes:
1. Preliminary, subject to change
2. The use of 'AA-' rating is consistent with the rating of the outstanding bonds
3. The City's actual results may differ, and Stifel makes no commitment to underwrite as these levels.
4. Costs of issuance and underwriter's discount are estimates for discussion purposes.
5. Analysis was performed with no changes to the term or the structure of the debt service from the currently outstanding issue.
6. The escrow has been funded with SLGS but in no way is Stifel recommending this or any other investment strategy.
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Prepared by Stifel, Nicolaus & Company, Inc. (MG) Page 12
UNDERWRITER DISCLOSURE
Successor Agency to the Rancho Cucamonga Redevelopment Agency
Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2024
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Assumes AA- Interest Rate Scale
Market Conditions as of September 6, 2024
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Stifel, Nicolaus & Company, Incorporated ('Stifel') has been engaged or appointed to serve as an underwriter or placement agent with
respect to a particular issuance of municipal securities to which the attached material relates and Stifel is providing all information and
advice contained in the attached material in its capacity as underwriter or placement agent for that particular issuance. As
outlined in the SEC's Municipal Advisor Rule, Stifel has not acted, and will not act, as your municipal advisor with respect to the
issuance of the municipal securities that is the subject to the engagement.
Stifel is providing information and is declaring to the proposed municipal issuer and any obligated person that it has done so
within the regulatory framework of MSRB Rule G-23 as an underwriter (by definition also including the role of placement agent) and
not as a financial advisor, as defined therein, with respect to the referenced proposed issuance of municipal securities. The primary
role of Stifel, as an underwriter, is to purchase securities for resale to investors in an arm's- length commercial transaction. Serving
in the role of underwriter, Stifel has financial and other interests that differ from those of the issuer. The issuer should consult with its'
own financial and/or municipal, legal, accounting, tax and other advisors, as applicable, to the extent it deems appropriate.
These materials have been prepared by Stifel for the client or potential client to whom such materials are directly addressed
and delivered for discussion purposes only. All terms and conditions are subject to further discussion and negotiation. Stifel
does not express any view as to whether financing options presented in these materials are achievable or will be available at the
time of any contemplated transaction. These materials do not constitute an offer or solicitation to sell or purchase any securities and
are not a commitment by Stifel to provide or arrange any financing for any transaction or to purchase any security in connection
therewith and may not relied upon as an indication that such an offer will be provided in the future. Where indicated, this presentation
may contain information derived from sources other than Stifel. While we believe such information to be accurate and complete,
Stifel does not guarantee the accuracy of this information. This material is based on information currently available to Stifel or its
sources and is subject to change without notice. Stifel does not provide accounting, tax or legal advice; however, you should be
aware that any proposed indicative transaction could have accounting, tax, legal or other implications that should be discussed with
your advisors and /or counsel as you deem appropriate.
Notes:
1. Preliminary, subject to change
2. The use of 'AA-' rating is consistent with the rating of the outstanding bonds
3. The City's actual results may differ, and Stifel makes no commitment to underwrite as these levels.
4. Costs of issuance and underwriter's discount are estimates for discussion purposes.
5. Analysis was performed with no changes to the term or the structure of the debt service from the currently outstanding issue.
6. The escrow has been funded with SLGS but in no way is Stifel recommending this or any other investment strategy.
Page 441
Successor Agency to the Rancho Cucamonga
Redevelopment Agency
Rancho Redevelopment Project Area
Tax Allocation Refunding Bonds, Series 2025
Background
Prior Bonds
•Rancho Redevelopment Project Area Tax Allocation Refunding Bonds, Series 2014
(“Prior Bonds”) issued by the Successor Agency to the Rancho Cucamonga
Redevelopment Agency (“Successor Agency”) on July 15, 2014
Original par amount of $174.05M; refinanced bonds issued by the former
Rancho Cucamonga Redevelopment Agency
Currently outstanding par amount of $96.59M; callable on any date beginning
9/1/2024 at par
Authorization
•California Health and Safety Code (“HSC”) Section 34177.5(a)(1) authorizes
successor agencies to refund outstanding bonds for the purpose of achieving
debt service savings
Location
•The Project Area encompasses an irregularly bounded area of approximately 8,500
acres, comprising 36% of the total acreage of the City
Analysis
Savings
•Based on current market conditions, Staff, in consultation with its finance team, has
determined that refinancing the Prior Bonds will result in debt service savings
Estimated total debt service savings of approximately $9.39 M*
Savings allocated proportionally to the applicable taxing entities, including the
City and the City Fire District as follows:
City – 5.04%; City Fire District – 12.31% , remaining taxing entities – 82.65%
Estimated Gross Annual Savings*
Bond Year
Ended
Existing Net Debt Service
on Prior Bonds
Total Net Debt Service
After Refunding
Annual Savings on
Refunding Bonds
City's Share of Annual Savings
on Refunding Bonds**
9/1/2025 $14,944,500 $14,942,913 $1,588 $275
9/1/2026 14,943,750 13,600,500 1,343,250 233,087
9/1/2027 14,942,750 13,602,250 1,340,500 232,610
9/1/2028 14,945,250 13,604,750 1,340,500 232,610
9/1/2029 14,944,750 13,601,750 1,343,000 233,043
9/1/2030 14,945,000 13,602,250 1,342,750 233,000
9/1/2031 14,944,500 13,604,750 1,339,750 232,479
9/1/2032 14,946,750 13,602,750 1,344,000 233,217
*Based on Preliminary Cash Flows as of 09/06/2024. Closing Date of 01/07/2025.
**City's Share includes approx. 5.04% for City' General Fund and approx. 12.31% for City's Fire District.
Requirements
•To refund the Prior Bonds, the Successor Agency must approve the issuance of
refunding bonds (“Refunding Bonds”) pursuant to the Original Indenture and
approve the form of and authorize the execution and delivery of a Seventh
Supplemental Indenture and the Irrevocable Refunding Instructions, which have
been presented at this meeting
Additional financing documents, such as the offering document (the Preliminary Official
Statement) will be approved by the Successor Agency at a separate meeting
•Under the HSC, the Successor Agency must authorize the issuance of the
Refunding Bonds and prepare a debt service savings analysis which must be
approved by the San Bernardino Countywide Oversight Board. If approved, the
California Department of Finance will commence a review period of the Refunding
Bonds for up to 65 days
Recommendation
1.Adopt “A Resolution of the Successor Agency to the Rancho Cucamonga
Redevelopment Agency Approving the Issuance of Refunding Bonds in Order to
Refund Certain of its Outstanding Bonds, Approving the Execution and Delivery of
a Seventh Supplemental Indenture Relating Thereto, Requesting Oversight Board
Approval of the Issuance of the Refunding Bonds, Requesting Certain
Determinations by the Oversight Board, and Providing for Other Matters Properly
Relating Thereto”
2.Approve and authorize the Debt Service Savings Analysis to be presented to the
Oversight Board and be submitted to the Department of Finance
3. Request Oversight Board approval of the issuance of the refunding bonds
Next Steps
•Oversight Board approval of Successor Agency action to issue the Refunding Bonds
and make a determination of savings – October 17
•Submission of Successor Agency and Oversight Board Resolutions to the
Department of Finance – October 18
•Secure an underlying credit rating – November
•Successor Agency approval of the Preliminary Official Statement – November 20
•Receive Department of Finance approval to proceed with the Refunding Bonds –
November/December
•Price the Refunding Bonds – December/January
•Close the Refunding Bonds – January
Questions