10 CITY OF CHINO
By: ________________________________
Name:______________________________
Title:_______________________________
Date:
Approved as to Legal Form:
By: _________________________________
Name:_______________________________
Title:________________________________
Date:
Attest:
By: _____________________________
Name:
Title:____________________________
Date:____________________________
11 CITY OF CHINO HILLS
By:_________________________________
Name:
Title: _______________________________
Date: _______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
12 CITY OF COLTON
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
Approved as to Legal Form:
By: ________________________________
Name:______________________________
Title:
Date:_______________________________
13 CITY OF FONTANA
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
14 CITY OF GRAND TERRACE
By: _________________________________
Name:
Title:________________________________
Date:________________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
Approved as to Legal Form:
By: __________________________________
Name:________________________________
Title:
Date:_________________________________
15 CITY OF HIGHLAND
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
Approved as to Legal Form:
By: _________________________________
Name:_______________________________
Title:
Date:________________________________
16 CITY OF LOMA LINDA
By:_________________________________
Name:
Title: _______________________________
Date: _______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
Approved as to Legal Form:
By: __________________________________
Name:________________________________
Title:
Date:_________________________________
17 CITY OF MONTCLAIR
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date: ____________________________
18 CITY OF ONTARIO
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date: ____________________________
19 CITY OF RANCHO CUCAMONGA
By: ________________________________
Name:______________________________
Title:
Date:_______________________________
Approved as to Legal Form:
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By:_____________________________
Name:
Title: ___________________________
Date: ___________________________
20 CITY OF REDLANDS
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By: _____________________________
Name:
Title:____________________________
Date:____________________________
Approved as to Legal Form:
By: ________________________________
Name:______________________________
Title:
Date:_______________________________
21 CITY OF RIALTO
By:_______________________________
Name:
Title: _____________________________
Date: _____________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By: _____________________________
Name:
Title:____________________________
Date:____________________________
22 CITY OF SAN BERNARDINO
By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:________________________________
Name:
Title: ______________________________
Date: ______________________________
Attest:
By: _____________________________
Name:___________________________
Title:____________________________
Date:____________________________
23 CITY OF UPLAND
By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By: _____________________________
Name:___________________________
Title:____________________________
Date:____________________________
24 CITY OF YUCAIPA
By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:________________________________
Name:
Title: ______________________________
Date: ______________________________
Attest:
By: ___________________________
Name:_________________________
Title:__________________________
Date:__________________________
25 ADDITIONAL PARTY SIGNATURE PAGE
WHEREFORE, the Party below has executed and entered into this Common Interest, Joint Defense, and Confidentiality Agreement as of the date indicated.
Date:______________________ By:____________________________________ Name:______________________________
Title:_______________________________
APPENDIX A:
PARTY CONTACT INFORMATION
Name and Address of Party and Counsel
Telephone and Facsimile
San Bernardino County
Jonathan Dillon, [email protected]
Elias Severo, [email protected]
825 East Third Street
San Bernardino, CA 92415
San Bernardino County Flood Control District
Arlene B. Chun, [email protected]
Anthony Pham, [email protected]
Chris Bland, [email protected]
825 East Third Street
San Bernardino, CA 92415
Meyers, Nave
Gregory J. Newmark, [email protected]
Viviana L. Heger, [email protected]
707 Wilshire Blvd., 24th Floor
Los Angeles, CA 90017
San Bernardino County Counsel
Sophie Akins, [email protected]
385 North Arrowhead Avenue, 4th Floor
San Bernardino, CA 92415
(909) 387-8109
(909) 387-8109
(909) 387-0305 facsimile
(909) 387-8109
(909) 387-8109
(909) 387-8109
(909) 387-0305 facsimile
(213) 626-2906
(213) 626-0215 facsimile
(909) 387-5001
City of Big Bear Lake
Lynn Merrill, [email protected]
P.O. Box 10000
Big Bear Lake, CA 92315
[insert City Attorney]
(951) 217-1201 (mobile)
[insert ] facsimile
2 Name and Address of Party and Counsel
Telephone and Facsimile
City of Chino
Ruben Valdez, [email protected]
Nathan Marlinski, [email protected]
13220 Central Ave.
Chino, CA 91710
[insert City Attorney]
(909) 334-3423
(909) 334-3345
(909) 334-3724 facsimile
City of Chino Hills
Nisha Wells, [email protected]
Andy Zummo, [email protected]
14000 City Center Drive
Chino Hills, CA 91709
[insert City Attorney]
(909) 364-2835
(909) 364-2792
[insert ] facsimile
City of Colton
Moises Peralta, [email protected]
Tanya Garcia, [email protected]
160 S. 10th Street
Colton, CA 92324
[insert City Attorney]
(909) 370-5065
(909) 370-5065
(909) 370-6104 facsimile
3 City of Fontana
Abigail Gomez, [email protected]
Edwin Alonzo, [email protected]
8353 Sierra Ave.
Fontana, CA 92335
[insert City Attorney]
(909) 350-6772
(909) 428-8819
[insert ] facsimile
City of Grand Terrace
Lynn Merrill, [email protected]
Robert Eisenbeisz, reisenbeisz@grandterrace -ca.gov
22795 Barton Road
Grand Terrace, CA 92314
[insert City Attorney]
(951) 217-1201 (mobile)
(909) 824-6621, ext. 251
[insert ] facsimile
City of Highland
Melissa Morgan, [email protected]
Carlos Florez, [email protected]
27215 East Base Line
Highland, CA 92346
[insert City Attorney]
(909) 864-8732 x230
(909) 864-6861 x271
(909) 862-3180 facsimile
City of Loma Linda
T. Jarb Thaipejr, [email protected]
Jeff Peterson, [email protected]
25541 Barton Road
Loma Linda, CA 92354
[insert City Attorney]
(909) 799-4407
(909) 799-4407
(909) 799-2891 facsimile
4 City of Montclair
Steve Stanton, [email protected]
Samantha Conteras, [email protected]
P.O. Box 2308
Montclair, CA 91763
[insert City Attorney]
(909) 625-9444
(909) 625-9447
[insert ] facsimile
City of Ontario
Alicia Espinoza, [email protected]
Nathan Pino, [email protected]
Raymond Lee, [email protected]
303 East B Street
Ontario, CA 91764
[insert City Attorney]
(909) 395-2188
(909) 395-2389
(909) 395-2104
(909) 395-2122 facsimile
City of Rancho Cucamonga
Linda Ceballos, [email protected]
Scott Rapp, [email protected]
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
[insert City Attorney]
(909) 774-4060
(909) 774-4064
(909) 477-2746 facsimile
City of Redlands
Aaron Ares, [email protected]
P.O. Box 3005
Redlands, CA 92373
[insert City Attorney]
(909) 798-7597 x5
(909) 798-7670 facsimile
5 City of Rialto
Melanie Sotelo, [email protected]
Joe Rosales, [email protected]
Office: 1470 East Cooley Drive, Colton, CA 92324
City: 355 West Rialto Avenue, Rialto, CA 92376
[insert City Attorney]
(909) 835-0313 (mobile)
(909) 241-6212 (mobile)
[insert ] facsimile
City of San Bernardino
Ken Watson, [email protected]
Susan Pan, [email protected]
290 North “D” Street
San Bernardino, CA 92410
[insert City Attorney]
(909) 384-5154
(909) 384-5225
(909) 384-5080 facsimile
City of Upland
Nicole deMoet, [email protected]
Julian Chang, [email protected]
P.O. Box 460
406 N. Euclid Ave.
Upland, CA 91785
[insert City Attorney]
(909) 291-2970
(909) 291-2941
(909) 291-2774 facsimile
City of Yucaipa
Katrina Kunkel, [email protected]
Fermin Preciado, [email protected]
34272 Yucaipa Blvd.
Yucaipa, CA 92399
[insert City Attorney]
(909) 797-2489 x255
(909) 797-2489 x240
(909) 790-9203 facsimile
5050303.1
DATE:February 16, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Michael Frasure, Building and Safety Services Director SUBJECT: Consideration to Approve a Professional Services Agreement with Willdan, Inc. for Building Inspection and Community Improvement Services. (CITY)
RECOMMENDATION:
It is recommended that the City Council approve an agreement with Willdan, Inc. to provide professional services to augment staffing for currently vacant Building Inspector and Community Improvement Officer positions through June 30, 2022.
BACKGROUND:
Building and Safety presently has a 5-year contract with Bureau Veritas and Interwest consulting with approximately 2 years remaining on both. These contracted service firms provide continuous plan review services for us and on occasion, part or full-time building inspectors as needed due to temporary vacancies or increased demand.
In December 2021, Building and Safety incurred 2 temporary vacancies due to unforeseen circumstances and asked both of these firms to send us resume’s so we could bring our staff back to the necessary level to adequately serve our development and citizen communities however, the staffing managers have consistently informed us that they have no available building inspectors and that the entire industry is challenged to find and hire individuals for this purpose.
In addition, we are currently unable to find a suitable candidate to backfill our Executive Assistant retired in December 2021, requiring the re-assignment of a Community Improvement Officer with administrative skills to temporarily cover this critical position effective January 1, 2022, creating a vacancy in Community Improvement.
ANALYSIS:
With the current surge in demand for development services and with upcoming projects entering the construction phase, it is critical to maintain staffing levels for key development positions including Building Inspectors and Community Improvement Officers. Lingering challenges from COVID have added to daily staffing uncertainties, increasing the criticality of having sufficient staffing resources available.
1 0
7 5
Both of the current contracted consulting firms advised they cannot fill these positions as they have no inspectors available and do not provide code enforcement officers (Community Improvement) as part of their staffing service. As a result, we sought other resources for professional services that could meet our needs and found that Willdan has the ability to immediately staff all of the critical vacant positions.
FISCAL IMPACT:
No fiscal impact.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
To provide customer care and service, ensuring a safe, quality community.
ATTACHMENTS - None
DATE:February 16, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Robert Neiuber, Human Resources Director
Lucy Alvarez-Nunez, Management Analyst
SUBJECT: Consideration to Adopt a Resolution Updating the Rancho Cucamonga Management Association Salary Schedule for Fiscal Year 2021-22, Including a Salary Adjustment to the Principal Engineer Classification. (RESOLUTION NO. 2022-030) (CITY)
RECOMMENDATION:
Staff recommends that the City Council of the City of Rancho Cucamonga adopt a resolution updating the Rancho Cucamonga Management Association salary schedule for fiscal year 2021- 22, including a salary adjustment to the Principal Engineer Classification.
BACKGROUND:
The City Council traditionally adopts salary resolutions for classifications employed by the City of Rancho Cucamonga. These resolutions are updated to reflect changes in salaries, additions and deletions of classifications, changes in job titles, and other terms of employment.
The Principal Engineer is a critical position responsible for planning, organizing and leading engineering programs, projects, assignments, and contract administration. Recently, the City conducted two failed recruitments for this position. As a result, a salary compensation survey was conducted to determine if the salary range was comparable to our survey cities. The compensation survey showed that the Principal Engineer classification’s total compensation is eight (8) percent below market.
ANALYSIS:
In an effort to address recruitment and retention efforts, staff recommends that the City Council approve a 7.5% increase to the Principal Engineer salary range in order to bring the position to comparable market range and adopt the attached Rancho Cucamonga Management Association salary schedule, including a salary adjustment to the Principal Engineer classification.
All other salaries, classifications, job titles, and other terms of employment remain the same.
FISCAL IMPACT:
Adjustments to the salary range can be absorbed upon the position being filled at a lower pay step.
1 1
3 6
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City Council’s core values of intentionally embracing and anticipating the future and attaining equitable prosperity for all.
ATTACHMENTS:
Attachment 1 – Resolution No. 2022-030
Attachment 2 - Rancho Cucamonga Management Association Salary Schedule
Resolution No. 2022-030 - Page 1 of 1
RESOLUTION NO. 2022-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN
AMENDMENT TO THE RANCHO CUCAMONGA MANAGEMENT
ASSOCIATION SALARY SCHEDULE FOR FISCAL YEAR 2021-22,
INCLUDING A SALARY ADJUSTMENT TO THE PRINICPAL
ENGINEER CLASSIFICATION.
WHEREAS, the City Council of the City of Rancho Cucamonga has determined that it is necessary for the efficient operation and management of the City that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of the City of Rancho Cucamonga; and
WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted salary resolutions establishing salary ranges, benefits and other terms of employment for employees of the City of Rancho Cucamonga; and
WHEREAS, the City Council of the City of Rancho Cucamonga recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California to approve the attached updated salary schedule for the Rancho Cucamonga Management Association, including a salary adjustment to the Principal Engineer classification (Attachment 2).
PASSED, APROVED AND ADOPTED this 16th day of February, 2022.
ATTACHMENT 1
Minimum Control Point Maximum
Class Title Step Amount Step Amount Step Amount
Accounting Manager 2525 $6,454 2565 $7,878 2585 $8,705
Animal Center Manager 2506 $5,872 2546 $7,168 2566 $7,918 Assistant to the City Manager 2590 $8,925 2630 $10,895 2650 $12,039 Building and Safety Manager 2533 $6,718 2573 $8,199 2593 $9,060 City Planner/Planning Manager 2583 $8,619 2623 $10,520 2643 $11,625 Community Affairs Manager 2565 $7,878 2605 $9,619 2625 $10,626 Community Improvement Manager 2533 $6,718 2573 $8,199 2593 $9,060 Community Services Manager 2506 $5,872 2546 $7,168 2566 $7,918 Community Services Superintendent 2536 $6,819 2576 $8,323 2596 $9,196 Cultural Center Manager 2536 $6,819 2576 $8,323 2596 $9,196 Deputy Director of City Clerk Services 2535 $6,785 2575 $8,281 2595 $9,150 Deputy Director of Community Services 2590 $8,925 2630 $10,895 2650 $12,039 Deputy Dir. Engineering/Deputy City Eng. 2590 $8,925 2630 $10,895 2650 $12,039 Deputy Dir. Engineering/Utility Manager 2590 $8,925 2630 $10,895 2650 $12,039 Deputy Director of Engineering 2584 $8,662 2624 $10,574 2644 $11,684 Deputy Director of Finance 2590 $8,925 2630 $10,895 2650 $12,039 Deputy Director of Human Resources 2590 $8,925 2630 $10,895 2650 $12,039 Deputy Dir. of Innovation and Technology 2558 $7,608 2598 $9,287 2618 $10,263 Deputy Director of Library Services 2572 $8,158 2612 $9,959 2632 $11,004 Deputy Director of Planning 2590 $8,925 2630 $10,895 2650 $12,039 Deputy Director of Public Works 2590 $8,925 2630 $10,895 2650 $12,039 Environmental Programs Manager 2539 $6,922 2579 $8,449 2599 $9,335 Facilities Superintendent 2536 $6,819 2576 $8,323 2596 $9,196 Finance Manager 2559 $7,646 2599 $9,335 2619 $10,315
Library Services Manager 2506 $5,872 2546 $7,168 2566 $7,918 Park/Landscape Maintenance Supt 2536 $6,819 2576 $8,323 2596 $9,196 Plan Check & Inspection Manager 2533 $6,718 2573 $8,199 2595 $9,150 Principal Accountant 2532 $6,684 2572 $8,158 2592 $9,014 Principal Engineer 2582 $8,576 2622 $10,469 2642 $11,567 Principal Librarian 2495 $5,558 2535 $6,785 2555 $7,495 Principal Management Analyst 2543 $7,061 2583 $8,619 2603 $9,523 Principal Planner 2537 $6,853 2577 $8,365 2597 $9,241
Procurement Manager 2530 $6,618 2570 $8,078 2590 $8,925 Public Works Maintenance Manager 2566 $7,918 2606 $9,666 2626 $10,679 Revenue Manager 2532 $6,684 2572 $8,158 2592 $9,014
Senior Civil Engineer 2547 $7,203 2587 $8,792 2607 $9,713 Monthly Pay Ranges Effective February 16, 2022
Resolution No. 2022-030
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
RANCHO CUCAMONGA MANAGEMENT ASSOCIATION
ATTACHMENT 2
Minimum Control Point Maximum
Monthly Pay Ranges Effective February 16, 2022
Resolution No. 2022-030
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
RANCHO CUCAMONGA MANAGEMENT ASSOCIATION
Senior Executive Assistant 2460 $4,668 2500 $5,698 2520 $6,296 Senior Planner 2517 $6,203 2557 $7,570 2577 $8,365
Street/Storm Drain Maintenance Supt 2536 $6,819 2576 $8,323 2596 $9,196 Traffic Engineer 2569 $8,038 2609 $9,811 2629 $10,842
Utilities Operations Manager 2524 $6,422 2564 $7,840 2584 $8,662 Veterinarian 2579 $8,449 2619 $10,315 2639 $11,395
ATTACHMENT 2
DATE:February 16, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: William Wittkopf, Public Works Services Director Jeff Benson, Parks and Landscape Superintendent
SUBJECT: Consideration of a Resolution for Submission of an Application under the Statewide Recreational Infrastructure Revenue Enhancement Grant Program. (RESOLUTION NO. 2022-031) (CITY)
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 2022-031, approving the application for state funds under the Recreational Infrastructure Revenue Enhancement (RIRE) Grant Program.
BACKGROUND:
The RIRE Grant Program originates from Proposition 68, placed on the ballot via Senate Bill 5(DeLeon, Chapter 852, statutes of 2017), and approved by voters on June 5, 2018. Funds for the program were appropriated via State Budget item 3790-101-6088(1) 2(a). Funds are available for a local agency that has obtained voter approval between November 1, 2012, through November 30, 2018, for revenue enhancement measures aimed at improving and enhancing local or regional park and recreational infrastructure to be awarded proportionally based on the population of the voting area. The City of Rancho Cucamonga is eligible to receive $250,000 to be spent in the sole qualifying maintenance district, LMD-2. Projects can be solely funded with the awarded grant funds and there is no match requirement.
ANALYSIS:
Grant recipients are encouraged to use the funding for park and recreational areas for the purposes of improving and enhancing local or regional park and recreational infrastructure. The Public Works Parks and Landscape Division intends to make improvements within Ellena and Vintage Parks located within LMD-2. These improvements would enhance these parks with items such as shade, seating, and other upgraded park components. Such components would provide users a higher quality recreational experience within the selected park sites. The improvements will increase the efficiency, longevity and versatility of park components and the parks themselves, making them better equipped to accommodate users.
FISCAL IMPACT:
The Public Works Department will be budgeting $250,000 in account number 1131303-5650 (LMD-2) for the FY 22/23 budget that will be reimbursed with the awarded grant funds. There is no requirement within the grant for the City to allocate matching funds and the projects can be solely funded with the awarded grant funds.
1 1
2 5
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
By performing this project, this will meet the Council’s Core Values of continuous improvement and nurturing a high quality of life within City parks.
ATTACHMENTS:
Attachment 1 – Resolution No. 2022-031
Resolution No. 2022-031– Page 1 of 2
EXHIBIT A
RESOLUTION NO. 2022-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING APPLICATION(S) FOR
RECREATIONAL INFRASTRUCTURE REVENUE ENHANCEMENT
PROGRAM GRANT FUNDS
WHEREA
S, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Recreational Infrastructure Revenue Enhancement Grant Program, setting up necessary procedures governing application(s); and WHE
REAS, said procedures established by the State Department of Parks and Recreation require the grantee’s City Council to certify by resolution the approval of project application(s) before submission of said applications to the State; and
WH
EREAS, the grantee will enter into contracts with the State of California to complete project(s); NOW, T
HEREFORE, BE IT RESOLVED THAT THE GRANTEE’S CITY COUNCIL HEREBY:
1. Appr
oves the filing of project application(s) for Recreational Infrastructure Revenue Enhancement Grant Program grant project(s); and
2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Recreational Infrastructure Revenue Enhancement funding, sufficient funds to complete the project(s); and
3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s); and
4. Certifies that it will comply with the provisions of §1771.5 of the State Labor Code; and
5. (PRC §80001(b)(8)(A -G)) To the extent practicable, as identified in the “Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the city will consider a range of actions that include, but are not limited to, the following:
(A) Conducting active outreach to diverse populations, particularly minority, low-income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities.
(B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas.
(C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. (D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and ATTACHMENT 1
EXHIBIT A
Resolution No. 2022-031– Page 2 of 2
dis
abled populations and tribal communities.
(E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity -serving and youth-serving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations.
6. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)); and
7. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and
8. Delegates the authority to the Public Works Services Director, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary fo r the completion of the grant scope(s); and
9. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
PASSED
, APPROVED, AND ADOPTED this _____ day of _________________, 2022.
I, the undersigned, hereby certify that the foregoing Resolution Number 2022-XX was duly adopted by the grantee’s City Council following a roll call vote:
Ayes:
Noes:
Absent:
______
___________________
Janice C. Reynolds, City Clerk
DATE:February 16, 2022
TO:Mayor and Members of the City Council
President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Lori Sassoon, Deputy City Manager/Administrative Services Noah Daniels, Finance Director
SUBJECT: Consideration of (1) the City Council’s Resolution of Intent to Form an Enhanced Infrastructure Financing District (EIFD) and Establish the Rancho Cucamonga EIFD Public Financing Authority; (2) the Fire Protection District Board’s Resolution to Participate in the EIFD; (3) the City Council and Fire Protection District Board’s Appointment of their Respective Members to the Rancho Cucamonga EIFD Public Financing Authority; and (4) Authorizing certain other actions related thereto. (RESOLUTION NOS. 2022-029 and FD2022-003) (CITY/FIRE)
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Resolution 2022-029, a Resolution declaring its intention to establish the Rancho Cucamonga Enhanced Infrastructure Financing District (EIFD) and establishing the Rancho Cucamonga EIFD Public Financing Authority (PFA).
2. Appoint Mayor Dennis Michael and Councilmember Kristine Scott to the Public Financing Authority Board, appoint Councilmember Ryan Hutchinson as alternate Board member, and appoint Linda Daniels as a public member of the Board.
It is recommended that the Fire District Board of Directors:
1. Adopt Resolution FD2022-003, a Resolution of Intent to participate in the proposed Rancho Cucamonga Enhanced Infrastructure Financing District and newly formed Public Financing Authority.
2. Appoint Mayor Pro Tem Lynne Kennedy to the Public Financing Authority Board, appoint Councilmember Sam Spagnolo as alternate Board member, and appoint Francisco Oaxaca as a public member of the Board.
BACKGROUND:
As a result of the elimination of redevelopment agencies in California, the City of Rancho Cucamonga lost a tax increment financing tool to invest in public facilities supporting the development of communities. In 2014, SB 628 created a new tax increment financing tool called the Enhanced Infrastructure Financing District (EIFD). The original legislation has been amended to modify the EIFD formation procedural requirements and requirements to issue bonds to finance infrastructure.
1 1
4 1
The attached white paper from Kosmont Companies provides for a brief overview of how EIFDs function (Attachment 1). EIFDs aid cities in funding public facilities and other public investments to foster future development and increase property values. By capturing tax increment revenue generated within the district as new development occurs and property values increase over time, like a redevelopment project area, a portion of tax increment revenue is redirected from the taxing entity to the EIFD. Importantly, the establishment of EIFDs does not increase property taxes or any other taxes for landowners within or outside the EIFD boundaries.
The following chart illustrates how tax increment financing (TIF) captures that new revenue from new development into the EIFD (note these dollars are for illustrative purposes only):
In mid-2021, the City retained Kosmont Companies to assist with an evaluation of an EIFD for infrastructure investments in support of the new General Plan and to capitalize on the future investments at Cucamonga Station. A study session of the City Council was held in November 2021, and the Council provided direction to staff to move ahead with the EIFD formation. In January 2022, the City Council approved an amended agreement with Kosmont Companies to assist the City through this formation process.
ANALYSIS:
Adoption of the City Council’s Resolution of Intention (ROI) (Attachment 2) provides for the following:
1.Preliminary boundaries of the EIFD. The proposed EIFD boundaries are noted in color in Exhibit A of the Resolution of Intention. Though the exact boundaries of the EIFD are subject to further review and refinement as the formation process continues, the current boundary consists of various discontiguous, largely undeveloped or underdeveloped parcels. The total land included in these boundaries totals approximately 1,500 acres, with $729 million in existing assessed value.
2.The public facilities and development proposed to be financed by the EIFD. The activities listed under the Resolution of Intention include all eligible activities under the EIFD legislation and are listed in Exhibit B to the Resolution of Intention.
1 1
4 1
3.Use of Incremental Tax Revenue. The ROI anticipates that portion of the City and Fire District property tax increment revenue generated within the EIFD will be allocated to the EIFD. In general, the City receives five (5) cents of every property tax dollar; the Fire District receives thirteen (13) cents. A portion of the incremental growth of these revenue streams would be directed into the EIFD, in the exact amounts to be determined in future resolutions adopted by the City and Fire District.
In the future, should another taxing entity participate in the EIFD, a portion of that taxing entity’s property tax increment revenue will also be contributed to the EIFD. The exact percentage of tax increment recommended to be contributed by both the City and Fire District is still being analyzed, and that final decision will be made by the City Council and Fire Board at hearings toward the end of the formation process.
4.Establishes a Public Financing Authority to serve as the governing board of the EIFD. The PFA membership is comprised initially of two members of the City Council, one member of the Rancho Cucamonga Fire Protection District Board of Directors, and two public members. Alternate Board members will also be appointed to represent the City Council and/or the Fire Board in the absence of a regular member.
If another taxing entity wishes to participate in the EIFD at a later date, the PFA membership will be revised to include members from the new entity in accordance with the resolution.
5.Sets a time and place for the first public hearing on the EIFD to be conducted by the Public Financing Authority. The public hearing is scheduled for May 3, 2022, at 6:00 p.m. in the City Hall Council Chambers.
Approval of the two resolutions and appointments to the PFA begin a series of activities that will take place over the next several months, primarily by the PFA Board. The following schedule outlines the various key tasks and milestones in the formation process. As the schedule indicates, the final City Council and Fire Board approvals follow later in Spring 2022:
Task Target Date Notes
Initial meeting of PFA Early March
2022
PFA will review the EIFD, adopt
bylaws, direct the preparation of
the draft Infrastructure Financing
Plan (IFP)
PFA meets to review draft IFP Late March 2022
Presentation to Planning
Commission on EIFD and draft
Infrastructure Financing Plan (IFP)
Early April 2022 Statute requires that the Planning
Commission be informed about the
IFP and review the CEQA
documentation
PFA holds Public Hearing #1 May 3, 2022 Written and oral comments taken on IFP; no action taken
City Council, Fire Board adopt
resolutions approving the IFP and
contributions of property tax
increment
May 18, 2022
1 1
4 1
PFA holds Public Hearing #2 Early June 2022 Additional comments taken; PFA takes action to approve, modify, or
reject IFP
PFA holds Public Hearing #3 and
protest proceeding
Early July 2022 If majority protest exists – takes
action to terminate EIFD. If no
majority protest, PFA can propose
adoption of the IFP and form the
EIFD
Staff files EIFD with BOE per
guidelines for Change of
Jurisdictional Boundaries
July or August
2022
Pending confirmation of due date
by County
The Infrastructure Financing Plan (IFP) referenced in the timeline above becomes the roadmap for the work to be accomplished by the EIFD. The IFP will analyze the tax increment anticipated to be generated by the properties in the EIFD boundary, consider the cost of various infrastructure options to be considered for investment, evaluate the bonding capacity created by the tax increment generated, and provide a plan for how the EIFD will capture tax increment to fund infrastructure investments. The IFP is currently under development and will be provided in draft format to the public, PFA, City Council, Fire Board, and Planning Commission in accordance with the schedule above.
Public information and outreach are also an important part of the EIFD formation process. Work has already begun on various public information materials and a web page that will serve as a resource to interested stakeholders. Landholders and residents within the EIFD boundaries will also receive mailed notification of the process, and public hearings will be advertised extensively.
In the event of a majority protest by property owners or residents within the boundaries, the formation proceedings would be discontinued.
CEQA REVIEW:
The City Council’s adoption of the Resolution of Intent and establishment of the Public Financing Authority are exempt from the California Environmental Quality Act (“CEQA”) as actions solely related to the creation of a government funding mechanism and the administrative or organizational activities of the City. Therefore, these actions do not constitute a “project” pursuant to CEQA Guidelines Sections 15378(b)(4) and 15378(b)(5). Neither of these actions could result in a physical change in the environment because the City has not committed itself to any specific project(s) that could be funded by the EIFD. As a separate and independent ground, these actions are exempt from the requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that they will have a significant effect on the environment. However, future actions (such as the approval of infrastructure improvements using funding from the EIFD) will be subject to environmental review in accordance with CEQA. For the same reasons, the Rancho Cucamonga Fire Protection District Board’s decision to participate in the EIFD is exempt from CEQA pursuant to CEQA Guidelines Sections 15378(b)(4), 15378(b)(5), and 15061(b)(3).
FISCAL IMPACT:
There is no immediate fiscal impact for establishing the Rancho Cucamonga EIFD or PFA. If ultimately established, the EIFD would create the opportunity to use tax increment financing to fund targeted infrastructure investments in the City. Further information regarding fiscal impact will be analyzed as part of the development of the Infrastructure Financing Plan (IFP), which will be presented to the PFA, City Council, and Fire Board as noted in the timeline above.
1 1
4 1
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The establishment of an EIFD is in keeping with the Council’s core values of intentionally embracing and anticipating the future, and providing and nurturing a high quality of life for all.
ATTACHMENTS:
Attachment 1 – EIFD White Paper
Attachment 2 – City Council Resolution
Attachment 3 – Fire Board Resolution
Kosmont Companies
Mailing Address: 1601 N. Sepulveda Blvd., #382 (424) 297-1070 Physical Address: 1230 Rosecrans Ave., #630 Manhattan Beach, CA 90266 www.kosmont.com Manhattan Beach, CA 90266 Enhanced Infrastructure Financing District (“EIFD”) Overview E
nhanced Infrastructure Financing Districts (“EIFD”) are an economic development and public finance tool introduced by Senate Bill 628 in 2014. EIFDs are the predominant form of Tax Increment Financing (“TIF”) in California following the dissolution of Redevelopment Agencies in 2012.
E
IFD and TIF are a form of value-capture, where a lead agency (must be a city or a county) designates a boundary around parcels positioned for new development or rehabilitation. The assessed property value within the district is “frozen” at the time of formation as the “baseline” of assessed value for the district. Over time, as new development or rehabilitation occurs and new property value is added to properties within the district, participating taxing entities can dedicate all or a portion of the new incremental property tax from values above the baseline (“property tax increment”) to the EIFD with a dedicated purpose of funding infrastructure (and optionally affordable housing).
C
urrent law includes a lengthy definition of infrastructure eligible to be funded by EIFDs, including roadway, utility, open space, and transit improvements, remediation activities, government facilities, parking, broadband infrastructure, affordable housing, and numerous other categories, preceded by the phrase “including, but not limited to”, demonstrating the legislative intent for the tool to be flexible.
EIFDs can also fund improvements outside of the district boundary, so long as the improvements benefit the properties within the district boundary. EIFDs can also fund maintenance costs, so long as the assets being maintained were initially installed at least partially utilizing EIFD funding.
E
IFDs do not create a new tax, nor do they encumber any existing agency revenues or resources.
EIFDs allow taxing entities like cities, counties, and special district to set aside, similar to a retirement account, a portion of future property tax revenues for special purposes, such as infrastructure. When EIFDs are delineated and utilized appropriately, the argument is that the new assessed property value growth from new development and rehabilitation would not have otherwise occurred but for the creation of the EIFD and the dedication of revenues to solve for critical infrastructure needs. This argument has historically been well-received by private sector development and investment entities as well as third- party grant sources, which rely on the property tax increment dedication as complementary and local match funding, respectively.
E
IFD property tax increment may be used on a pay-as-you-go basis or leveraged in the form of EIFD bond issuances. There is no public vote required to form an EIFD or to issue EIFD debt; however, the formation process includes a series of public meetings and hearings that allows the community to comment on the proposed Infrastructure Financing Plan (“IFP”) that would govern EIFD activities. The final public hearing includes an opportunity for landowners and residents within the district boundary to protest formation of the district. If more than 50% of the combined number of landowners and residents within the EIFD protest formation, the process must halt for at least one year. If no protest occurs, the EIFD is authorized for both formation and future debt issuance.
The E
IFD is governed by an entity called the Public Financing Authority (“PFA”). The composition of the PFA varies, depending on which taxing entities are committing property tax increment to the EIFD. In a scenario where the lead agency (such as the City of Rancho Cucamonga) is the only entity contributing property tax increment, the PFA is comprised of five members, including three members of the city council and two members of the public appointed by the city council. If two or more taxing entities are contributing property tax increment, such as the City of Rancho Cucamonga and the County of San ATTACHMENT 1
City of Rancho Cucamonga
EIFD Overview
October 26, 2021
Kosmont Companies 2 | Page
(424) 297-1070
www.kosmont.com
Bernardino, the PFA is comprised of at least five members (could be more), where the majority (e.g., three out of five) are either members of the city council or members of the county board of supervisors, and at least two public members appointed by elected officials of the participating taxing entities. For the EIFDs established so far in California where a city and a county are both contributing property tax increment, the “template” for PFA composition has been two members of the city council, one member of the county board of supervisors, one member of the public appointed by the city council, and one member of the public appointed by the county board of supervisors, for a total of five members.
There are approximately ten EIFDs established in California as of the time of this report, and there are more than ten additional EIFDs currently in the formation process.
2 1
3 2
RESOLUTION NO. 2022 - 029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DECLARING ITS INTENTION TO ESTABLISH THE RANCHO
CUCAMONGA ENHANCED INFRASTRUCTURE FINANCING DISTRICT TO
FINANCE THE CONSTRUCTION, REPAIR, ACQUISITION, AND/OR
MAINTENANCE OF CAPITAL IMPROVEMENTS AND FACILITIES, INCLUDING
THE ACQUISITION AND/OR REMEDIATION OF LAND FOR SUCH
IMPROVEMENTS AND FACILITIES; ESTABLISHING A PUBLIC FINANCING AUTHORITY; AND AUTHORIZING CERTAIN OTHER ACTIONS RELATED
THERETO
WHEREAS, SB 628, effective as of January 1, 2015, allows a city or county to create a separate government entity known as an “Enhanced Infrastructure Financing District” (EIFD) within a defined area to finance certain infrastructure projects with community-wide benefits; and WHEREAS, pursuant to Chapter 2.99 of Part 1 of Division 2 of Title 5 of the California Government Code (commencing with Section 53398.50) (the "EIFD Law"), the City Council of the City of Rancho Cucamonga ("Council") is authorized to initiate the process to establish an EIFD; and,
WHEREAS, EIFDs are financed through tax increment generated from the growth in property taxes collected from within a designated district boundary. There are no new taxes or impacts to the property owner within an established EIFD; and, WHEREAS, EIFD tax increment may be used to pay for a variety of public facilities and other projects authorized by the EIFD Law within the established EIFD boundaries or outside of the established EIFD boundaries if there is a tangible connection to the work of the EIFD, including but not limited to infrastructure such as roads, utilities, streetscapes, parks and public recreation, or other community facilities. Funding may also be used to facilitate public-private activities by enticing development with infrastructure development and expansion, including new industrial- manufacturing facility construction and repair, and brownfields remediation. Affordable housing, including affordable senior housing, is also an eligible activity; and, WHEREAS, the City executed a Professional Services Agreement dated March 15, 2021 with Kosmont & Associates, Inc. DBA Kosmont Companies for Tax Increment Financing Consulting Services; and,
WHEREAS, on November 3, 2021, City Council provided direction to City staff during a Council Study Session to move forward with initial EIFD formation activities; and, WHEREAS, the prerequisites set forth in Government Code Section 53398.54 have been complied with prior to the City initiating the creation of or participating in the governance of the EIFD, and the City will provide the required certification to the California Department of Finance (“DOF”) in accordance with the EIFD Law; and,
WHEREAS, the proposed boundaries of the Rancho Cucamonga EIFD are identified on Exhibit A entitled "Proposed EIFD Boundaries", a copy which is on file in the office of the City Clerk; and,
WHEREAS, the EIFD will be governed by a Public Financing Authority ("PFA") board which will be responsible for implementing the Infrastructure Financing Plan for the EIFD ("IFP"), ATTACHMENT 2
2 1
3 2
and the PFA is required to be established by the City Council at the same time that the Council adopts its intention to form the proposed EIFD; and,
WHEREAS¸ the Rancho Cucamonga Fire Protection District is expected to participate in the EIFD as a taxing entity; and,
WHEREAS, the City Council’s adoption of this Resolution of Intent and establishment of the Public Financing Authority are exempt from the California Environmental Quality Act (“CEQA”) as actions solely related to the creation of a government funding mechanism and the administrative or organizational activities of the City. Therefore, these actions do not constitute a “project” pursuant to CEQA Guidelines Sections 15378(b)(4) and 15378(b)(5). Neither of these actions could result in a physical change in the environment because the City has not committed itself to any specific project(s) that could be funded by the EIFD. As a separate and independent ground, the adoption of this Resolution is exempt from the requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Resolution will have a significant effect on the environment.
However, future actions (such as the approval of infrastructure improvements using funding from the EIFD) will be subject to environmental review in accordance with CEQA.
NOW, THEREFORE, the Rancho Cucamonga City Council does hereby find, determine, conclude, and resolve as follows:
Section 1. The City Council of the City of Rancho Cucamonga proposes and intends to cause the establishment of an EIFD under the provisions of the EIFD Law.
Section 2. The name proposed for the EIFD shall be the “Rancho Cucamonga Enhanced Infrastructure Financing District.”
Section 3. The proposed boundaries of the EIFD are as shown on Exhibit A attached hereto, which are preliminarily approved and on file in the office of the City Clerk and incorporated herein by reference.
Section 4. The types of public facilities and development proposed to be financed or assisted by the EIFD pursuant to the EIFD Law are those listed on Exhibit B, attached hereto and incorporated herein by reference.
Section 5. The City Council hereby finds that the EIFD is necessary for the area within the boundaries of the EIFD and the City. The City Council's stated goals for the EIFD are to create a means by which to assist in the provision of public facilities or other specified projects of communitywide significance that provide significant benefits to, promote economic development of, and enhance quality of life within, the boundaries of the EIFD or the surrounding community.
Section 6. The City Council hereby declares that, pursuant to the EIFD Law and if approved by resolution pursuant to Government Code Section 53398.68, incremental property tax revenue from the City of Rancho Cucamonga and some or all other affected taxing entities within the EIFD may be used to finance the activities described in Section 4 and listed on Exhibit B. The incremental property tax financing will be described in an IFP to be prepared for approval by the PFA, the City Council, and the legislative bodies of all participating taxing entities under EIFD Law.
Section 7. The City or County of San Bernardino may allocate tax revenues derived from local
2 1
3 2
sales and use taxes imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) or transactions and use taxes imposed in accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code) to the EIFD pursuant to Government Code Section 53398.75.5, if applicable. The City Council does not intend to contribute sales and use taxes or transactions and use taxes to the EIFD.
Section 8. The City Council hereby establishes the “Rancho Cucamonga EIFD Public Financing Authority” (“PFA”) to serve as the governing board of the EIFD:
A. The PFA membership shall be comprised initially of two members of the City Council appointed by the City Council, one member of the Rancho Cucamonga Fire Protection District Board of Directors (“Board”), and two public members jointly selected by the City Council and Board. Members shall serve at the pleasure of the City Council and Board, as the case may be, and shall serve until their successor assumes office.
B. The City Council further declares that, pursuant to Government Code Section 53398.51.1, should another taxing entities agree to participate as a taxing entity, then the PFA membership shall be modified in accordance with Government Code Section 53398.51.1. For example, if the County of San Bernardino (“County”) agrees to participate as a taxing entity and the participating taxing entities consist of the City, the Rancho Cucamonga Fire Protection District, and the County, then the PFA membership shall be modified to be one member of the City Council, one member of the Board, one member of the County Board of Supervisors (“Board of Supervisors”), and two public members jointly selected by the City Council, the Fire Board, and the Board of Supervisors. Members shall serve at the pleasure of their respective appointing legislative bodies and shall serve until their successor assumes office.
C. The legislative body of each participating taxing entity may appoint one of its members to be an alternate member of the PFA board who may serve and vote in place of a member who is absent or disqualifies themselves from participating in a meeting of the PFA.
D. The members are subject to compliance with the EIFD Law and all applicable ethics laws, including Article 2.4 (commencing with Section 53234) of Chapter 2 of the Government Code.
E. The City Council, Board, and the governing bodies of any other participating entities shall comply with Government Code Section 54974.
Section 8. The City Council hereby sets the time and place for a public hearing of the PFA, the proposed EIFD and IFP, to be held on May 3, 2022, at 6:00 p.m., or as soon thereafter as the matter may be heard, at City Hall Council Chambers, 10500 Civic Center Drive Rancho Cucamonga, CA 91730.
Section 9. Pursuant to Government Code Section 53398.60, the City Clerk is hereby directed to mail a copy of this Resolution to the PFA and each owner of land (as defined in the EIFD Law), or alternatively with respect to the owners of land may mail a single-
2 1
3 2
page notice of intention identified in Government Code Section 53398.60(b), within the EIFD and to each affected taxing entity (as defined in the EIFD Law). In addition, the City Clerk is hereby directed to cause notice of the public hearing to be published not less than once a week for four successive weeks in a newspaper of general circulation published in the City. The notice shall state that the EIFD will be used to finance public works, briefly describe the facilities, briefly describe the proposed financial arrangements, including the proposed commitment of incremental tax revenue, describe the boundaries of the proposed EIFD and state the day, hour, and place, when and where any persons having any objections to the proposed IFP, or the regularity of any of the prior proceedings, may appear before the PFA and object to the adoption of the proposed IFP.
Section 10. The Successor Agency to the Redevelopment Agency of the City of Rancho Cucamonga (Successor Agency) has received a finding of completion, as specified in California Health and Safety Code Section 34179.7.
Section 11. In accordance with Government Code Section 53398.54, the City certifies to the DOF and to the PFA that no former Redevelopment Agency of the City of Rancho Cucamonga (Former RDA) assets that are the subject of litigation involving the State of California, where the City or the Successor Agency are a named plaintiff, have been or will be used to benefit any efforts of the EIFD unless the litigation and all possible appeals have been resolved in a court of law. The City Clerk is authorized and directed on behalf of the City to provide or make this certification to the DOF within 10 days after the City Council’s action to participate in the EIFD pursuant to Government Code Section 53398.68 or the City Council’s action to form the EIFD pursuant to Government Code Section 53398.69, by delivery of a copy of the appropriate Resolution or signing a separate certification, if and as required by the DOF.
Section 12. The State Controller has completed its review as specified in California Health and Safety Code Section 34167.5 of asset transfers between the Former RDA, the City or any other public agency. The Successor Agency and the City have complied with all of the State Controller's findings and orders stemming from such review.
Section 13. This Resolution in no way obligates the PFA to establish any EIFD.
Section 14. lf any section, subsection, phrase or clause of this Resolution is for any reason found to be invalid, such section, subsection, phrase or clause shall be severed from, and shall not affect the validity of, all remaining portions of this Resolution that can be given effect without the severed portion.
Section 15. This Resolution shall take effect immediately upon its adoption.
Section 16. The City Manager, or designee, are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution.
Section 17. The City Clerk of the City of Rancho Cucamonga shall certify as to the adoption of this Resolution.
2 1
3 2
PASSED, APPROVED AND ADOPTED by the City Council of the City of Rancho Cucamonga at a regular meeting held on the _____ day of ______ 2022 by the following vote:
2 1
3 2
EXHIBIT A
Rancho Cucamonga EIFD Boundary
The yellow parcels on the map are included in the preliminary EIFD boundaries. A complete list of the Assessor’s Parcel Numbers (APN’s) included in the EIFD boundaries is on file in the City Clerk’s Office and is incorporated herein by reference.
2 1
3 2
EXHIBIT B
CITY OF RANCHO CUCAMONGA
ENHANCED INFRASTRUCTURE FINANCING DISTRICT
LIST OF AUTHORIZED PUBLIC FACILITIES
The Rancho Cucamonga EIFD may finance the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real tangible property with an estimated useful life of 15 years or longer which are public capital facilities or other projects of community- wide significance that provide significant benefits to the EIFD or the surrounding community. The EIFD may also finance the ongoing or capitalized costs to maintain public capital facilities financed in whole or in part by the EIFD. Facilities funded may be located outside the boundaries of the EIFD, as long as they have a tangible connection to the work of the EIFD as detailed in the infrastructure financing plan. The EIFD may also finance the planning and design work that is directly related to the purchase, construction, expansion, or rehabilitation of property. The EIFD may finance costs described in Government Code Sections [53398.52 [list of eligible improvements]] 53398.56 [replacement housing and relocation obligations if required by actions of EIFD] and 53398.57, as may be amended from time to time. Projects financed by the EIFD may include, but not be limited to, all of the following:
• Highways, interchanges, and ramps;
• Bridges;
• Arterial streets;
• Parking facilities;
• Transit facilities;
• Parks, recreational facilities, and open space;
• Sewage treatment and water reclamation plants and interceptor pipes; • Facilities for the collection and treatment of water for urban uses; • Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles;
• Storm water conveyance and collection facilities;
• Flood control levees and dams, retention basins, and drainage channels; • Child care facilities;
• Libraries;
• Broadband and telecommunications infrastructure;
• Sidewalks and streetscape improvements;
• Bicycle lanes and paths;
• Public art;
• Corporation yards;
• Police facilities;
• Brownfield restoration and other environmental mitigation; • Affordable housing as authorized under the EIFD Law;
• Projects that implement a sustainable communities strategy and transit priority projects; • Acquisition, construction, or repair of industrial structures for private use; • Acquisition, construction, or repair of commercial structures by the small business occupant of such structures, if such acquisition, construction, or repair is for purposes of fostering economic recovery from the COVID-19 pandemic and of ensuring the long- term economic sustainability of small businesses;
• Projects that enable communities to adapt to the impacts of climate change, including, but not limited to, higher average temperatures, decreased air and water quality, the
2 1
3 2
spread of infectious and vector-borne diseases, other public health impacts, extreme weather events, sea level rise, flooding, heat waves, wildfires, and drought; • Facilities in which nonprofit community organizations provide health, youth, homeless, and social services.
Other Expenses
In addition to the direct costs of the above facilities, other incidental expenses as authorized by the EIFD Law, including, but not limited to, the cost of environmental evaluation and environmental remediation; engineering and surveying; construction staking; utility relocation and demolition costs incidental to the construction of the facilities; costs of project/construction management; costs (including the costs of legal services) associated with the creation of the EIFD; costs of issuance of bonds or other debt of the EIFD, of a community facilities district of the City, or of any other public agency for authorized facilities and payment of debt service thereon; financing costs of improvements incurred by developers until reimbursement from the EIFD; costs incurred by the County or the EIFD in connection with the division of taxes pursuant to Government Code Section 53398.75; or costs otherwise incurred in order to carry out the authorized purposes of the EIFD; reimbursements to other areas for facilities serving the EIFD; and any other expenses incidental to the formation and implementation of the EIFD and to the construction, completion, inspection and acquisition of the authorized facilities.
RESOLUTION NO. __________
A RESOLUTION OF INTENT OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT BOARD OF
DIRECTORS TO PARTICIPATE IN THE PROPOSED
RANCHO CUCAMONGA ENHANCED INFRASTRUCTURE
FINANCING DISTRICT AND NEWLY FORMED PUBLIC
FINANCING AUTHORITY
A. Recitals.
WHEREAS, on February 16, 2022, the City Council of the City of Rancho Cucamonga (“City Council”) approved Resolution No. 2022-029 (the “Resolution of Intent”), which is incorporated herein by this reference; and
WHEREAS, pursuant to Chapter 2.99 of Part 1 of Division 2 of Title 5 of the California Government Code (commencing with Section 53398.50) (the "EIFD Law"), the Resolution of Intent authorized the initiation of the process to establish an Enhanced Infrastructure Financing District ("EIFD") entitled the Rancho Cucamonga Enhanced Infrastructure Financing District (“Rancho Cucamonga EIFD”); and
WHEREAS, the proposed boundaries and list of parcels included in the Rancho Cucamonga EIFD are identified on Exhibit A of the Resolution of Intent, a copy which is on file in the office of the City Clerk of Rancho Cucamonga; and WHEREAS, the proposed Rancho Cucamonga EIFD will be used to finance certain public facilities within the proposed boundaries of the Rancho Cucamonga EIFD, as further defined in Exhibit B of the Resolution of Intent; and
WHEREAS, the Resolution of Intent also established the Rancho Cucamonga EIFD Public Financing Authority (“PFA”) to serve as the governing body of the proposed Rancho Cucamonga EIFD and which will also be responsible for implementing the Infrastructure Financing Plan (“IFP”) required under EIFD Law; and
WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District hereby resolves as follows:
ATTACHMENT 3
2 1
3 5
Section 1. Recitals. The facts set forth in the Recitals, Part A of this Resolution, are true and correct.
Section 2.Intention to Participate in the Enhanced Infrastructure Financing District. The Rancho Cucamonga Fire Protection Board of Directors (“Board”) intends that the Rancho Cucamonga Fire Protection District will participate in the Rancho Cucamonga EIFD as described in the Resolution of Intent as a taxing entity if the Board approves the IFP at a later date.
Section 3. Participation in the Public Finance Authority. Pursuant to Exhibit A, as a potential participating taxing entity in the proposed Rancho Cucamonga EIFD, the Rancho Cucamonga Fire Protection District will have membership in the newly formed Public Financing Authority described in the Resolution of Intent. Further, should another taxing entity such as the County of San Bernardino agree to participate as a taxing entity, then the PFA membership shall be modified accordingly. Members shall serve at the pleasure of their respective appointing legislative bodies and shall serve until their successor assumes office.
Section 4. Rancho Cucamonga Fire Protection District Approval of Infrastructure Financing Plan. The IFP will be presented to the Rancho Cucamonga Fire Protection District Board of Directors at its May 3, 2022 regular meeting, or as soon thereafter as the matter may be heard for approval.
Section 5. Required Approval of Infrastructure Financing Plan. The IFP must be approved by the Board before any incremental tax revenue from the Rancho Cucamonga Fire Protection District will be used by the proposed Rancho Cucamonga EIFD. The IFP must also be approved by Board before a public hearing is held for formation of the proposed Rancho Cucamonga EIFD and approval of the IFP by the PFA.
Section 6. Distribution of Infrastructure Financing Plan. City staff will be responsible for the distribution of the ISP, and any required California Environmental Quality Act (“CEQA”) reports, to the PFA, the Rancho Cucamonga City Planning Commission, land owner within the boundaries of the Rancho Cucamonga EIFD (as defined under EIFD law), and each affected taxing entity (as defined under EIFD law) as required under California Government Code Section 53398.64 for formation for the proposed Rancho Cucamonga EIFD.
Section 7. Exemption from the California Environment Quality Act. The Board’s adoption of this Resolution and decision to participate in the EIFD and PFA are exempt from CEQA as actions solely related to the creation of a government funding mechanism and the administrative or organizational activities of the District. Therefore, these actions do not constitute a “project” pursuant to CEQA Guidelines Sections 15378(b)(4) and 15378(b)(5).
2 1
3 5
Neither of these actions could result in a physical change in the environment because the District has not committed itself to any specific project(s) that could be funded by the EIFD. As a separate and independent ground, the adoption of this Resolution is exempt from the requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Resolution will have a significant effect on the environment. However, future actions (such as the approval of infrastructure improvements using funding from the EIFD) will be subject to environmental review in accordance with CEQA.
Section 8. Responsibility for Mailing and Publication of Notice. As stated in the Resolution of Intent, the Rancho Cucamonga City Clerk is responsible for the mailing publication of notice, as required under EIFD Law (California Government Code Sections 53398.60, 53398.61 and 53398.66), for formation of the proposed Rancho Cucamonga EIFD.
Section 9. Public Hearing. The PFA will hold public hearings for the establishment of the proposed Rancho Cucamonga EIFD and approval of the IFP.
Section 10. No Obligation of Incremental Tax Revenue. This Resolution in no way obligates the Rancho Cucamonga Fire Protection District to use incremental tax revenue to finance public facilities in the proposed Rancho Cucamonga EIFD until the Board approves the IFP.
Section 11. Establishment of the Rancho Cucamonga EIFD. This Resolution in no way obligates the PFA to establish the proposed Rancho Cucamonga EIFD. As stated in the Resolution of Intent, the establishment of the proposed Rancho Cucamonga EIFD and approval of the IFP is contingent upon the approval by the PFA following the required public hearings.
Section 12. Effective Date. This Resolution shall take effect immediately upon its approval by the Board.
Section 13.The District Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16 day of February, 2022. ________________________________
L. Dennis Michael, President
I, Janice C. Reynolds, District Secretary, Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was passed at a regular meeting of the Board of
2 1
3 5
Directors of the Rancho Cucamonga Fire Protection District held on the 16th day of February, 2022, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
ABSTAINED: BOARD MEMBERS:
ATTEST: ____________________________________
District Secretary, Rancho Cucamonga Fire
Protection District