Agenda packet — Rancho Cucamonga City Council, July 20, 2022 (part 3 of 18)

Rev. 5/8/20 Page 36 of 37
iv. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month. v. The “training” contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.

3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS -140, DAS-142, make training fund contributions, or utilize apprentices:
i. When the Contractor holds a sole proprietor license (“Owner -Operator”) and no workers were employed by the Contractor. In other words, the contractor performed the entire work from start to finish and worked alone. ii. Contractors performing in non -apprenticeable crafts. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
iii. When the Contractor has a direct contract with the Public Agency that is under $30,000.
iv. When the project is 100% federally -funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply).
v. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720.

4. Exemption from Apprenticeship Rations:
a. The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the Contractor from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
i. Unemployment for the previous three -month period in such area exceeds an average of fifteen percent (15%); or
ii. The number of apprentices in training in such area exceeds a ratio of 1 -to-5 in relation to journeymen; or
iii. The Apprenticeable Craft or Trade is replacing at least one -thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or
iv. If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, s afety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman.
b. When such exemptions from the 1 -to-5 ratio between apprent ices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Apprenticeship Comm ittees, provided they are already covered by the local apprenticeship standards.

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Rev. 5/8/20 Page 37 of 37

5. Contractor’s Compliance:
a. The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner.

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EXHIBIT A – SCOPE OF EXPENDITURES
APPLIES TO AGREEMENT ARPA21-PRJC-006-RAN BETWEEN SAN BERNARDINO

COUNTY AND CITY OF RANCHO CUCAMONGA RELATED TO THE CORONAVIRUS

LOCAL FISCAL RECOVERY FUND FOR LOCAL GOVERNMENTS

1. The following is the mutually agreed upon scope of expenditures to be funded by the American Rescue Plan Act of 2021 (ARPA) Coronavirus Local Fiscal Recovery Fund (CLFRF) received by San Bernardino County:

Rancho Cucamonga Family Resource Center Project: General repairs, improvements to, and equipment replacement at the Rancho Cucamonga Family Resource Center to include replacement of the heating and air conditioning systems with ventilation to mitigate COVID-19 and other communicable disease transmission, replacement of flooring, installation of energy efficient lighting, community kitchen improvements, interior and exterior paint and courtyard improvements for outdoor gatherings. With these improvements, the programs offered at the Family Resource Center can continue to focus on creating equitable services and aim at reducing racial/ethnic disparities.

2. Not-to-exceed amount of expenditures described in 1, above, obligated during the period of July 1, 2022 and December 31, 2024 and expended on or before December 31, 2026 is $775,000.

3. The following is the list of projected expenditures that will be funded by the CLFRF and each of these expenditures satisfy the findings in 1, above:

Expenditure Type (e.g., Payroll) Projected Expenditures* Contracted Services $775,000
Total Expenditure $775,000
*Note: Projected expenditures may differ from the actual costs but a total amount of expenditure shall not exceed the amount as specified in Section 2, above.

4. The Contractor is responsible for ensuring that any procurement using CLFRF funds, or payments under procurement contracts using such funds are consistent with the procurement standards set forth in the Uniform Guidance at Title 2 C.F.R. Sections 200.317 - 200.327, as applicable. The Uniform Guidance establishes in Title 2 C.F.R.

Section 200.319 that all procurement transactions for property or services must be conducted in a manner providing full and open competition, consistent with standards outlined in Title 2 C.F.R. Section 200.320. If the full and open procurement is not applicable, provide a reason for its exemption:

Confirmed – No exemption identified

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DATE:July 20, 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
Kenneth Fung, Assistant Engineer
SUBJECT: Consideration to Accept the LMD-4R Terra Vista – Water Conservation / Landscape Renovation FY 20-21 Project as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) RECOMMENDATION:

Staff recommends that the City Council:

1. Accept the LMD-4R Terra Vista – Water Conservation / Landscape Renovation FY 20- 21 Project, Contract No. 2021-037, as complete.

2. Approve the final contract amount of $420,776.63.

3. Authorize the release of the Faithful Performance Bond.

4. Authorize the release of the Labor and Materials Bond in the amount of $405,653.90, six months after the recordation of said notice if no claims have been received.

5. Authorize the Public Works Services Director to file a Notice of Completion and release of the retention in the amount of $21,106.17, 35 days after acceptance.

BACKGROUND:

The LMD-4R Terra Vista – Water Conservation / Landscape Renovation FY 20-21 Project scope of work consisted of the removal and replacement of trees, landscaping, hardscape, irrigation systems plus other related items of work along the south side of Base Line Road between Milliken Avenue and Spruce Avenue. Pertinent information of the project is as follows:

Budgeted Amount: $447,000.00
Publish Dates for Local Paper: November 3, 2020 and November 10, 2020 Bid Opening: December 5, 2020
Contract Award Date: March 3, 2021
Low Bidder: Conserve Landcare LLC
Contract Amount: $405,653.90
Contingency: $41,340.00
Final Contract Amount: $420,776.63
Difference in Contract Amount: $15,122.73 (3.7 %)

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ANALYSIS:

The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the Public Works Services Director.

The net increase in the total cost of the project is a result of seven (7) Contract Change Order (CCO). One CCO added the southwest corner of Base Line Road and Spruce Avenue to the project scope of work. Other CCO’s extended the electronic wiring, resulted in additional 1 gallon plant being installed and increased the amount of concrete mow curbs.

FISCAL IMPACT:

The Fiscal Year 2020/21 adopted budget for this project was $400,000.00 to be funded from account numbers 1134303-5650 (Landscape Maintenance District 4R). An additional $47,000.00 was appropriated from the LMD-4R fund balance to award this project and to have a contingency.

The annual irrigation and landscape maintenance costs along the project limits will be reduced.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

The LMD-4R Terra Vista – Water Conservation / Landscape Renovation FY 20-21 Project reflects the City Core Values by promoting and enhancing the appearance and high quality of life along the Base Line Road corridor. This project also embraces and anticipates the future by converting existing landscapes to meet State drought requirements
ATTACHMENTS:

Attachment 1 – Notice of Completion

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age 1 of 1
At the July 20, 2022 City Council meeting, the City Council will consider accepting the LMD-4R Terra Vista – Water Conservation / Landscape Renovation FY 20-21 Project as Complete. The item is listed on the agenda as D19 under the Consent Calendar.

T
he “Background:” section of the Staff Report has been modified with the following changes.
• T
he “Final Contract Amount:” has been changed to “$425,231.15”. • The “Difference in Contract Amount:” has been revised to “$18,230.25 (4.5%)”. • The number of Contract Change Orders increased to eight (8).

T
his $3,107.52 increase in the Final Contract Amount is the result of extra work requested by the City’s Project Manager for this project.

B
ack in October 2021, the contractor installed the first grouping of plants according to the project plans. The City’s Project Manager, when inspecting the work , realized that the plants were installed too close together . T he City’s Project Manager directed the contractor to dig up and temporarily repot the plants ; fill in the abandoned holes; layout and dig new plant holes according to the plants’ recommended spacing; prepare the new holes with planting mix, fertilizer, water, etc.; and reinstall the plants. This work took four members of the contractor’s staff a full workday to complete. The City’s Project Manager supervised and signed off on this extra work.

O
n Friday, July 15, 2022, the contractor discovered that they had forgotten to invoice the City for this extra work and sent staff a request for a change order to account for this extra work.

DATE: July 20, 2022
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
BY: William Wittkopf, Public Works Services Director
Jeff Benson, Parks and Landscape Superintendent
Kenneth Fung, Assistant Engineer
SUBJECT: Revisions to Consideratoin to Accept the LMD-4R Terra Vista – Water Conservation / Landscape Renovation FY 20-21 Project as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds (CITY)

MEMORANDUM
Public Works Services Department
ADDITIONAL MATERIAL: ITEM D19 - 7/20/2022 CITY COUNCIL MEETING

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DATE:July 20, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Baldwin Ngai, Associate Engineer
SUBJECT: Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention, and Bonds for the Fiscal Year 20/21 Traffic Signal Modification Project (Contract No. 2021-010). (CITY) RECOMMENDATION:

Staff recommends that the City Council:

1. Accept the Fiscal Year 20/21 Traffic Signal Modification Project, Contract No. 2021-010 (Project), as complete;

2. Approve the final contract amount of $209,074;

3. Authorize the release of the Faithful Performance Bond 35 days after recordation of Notice of Completion and accept a Maintenance Guarantee Bond;

4. Authorize the release of the Labor and Materials Bond in the amount of $209,074

5. Authorize the City Engineer to file a Notice of Completion and release of the project retention, 35 days after recordation of Notice of Completion; and

6. Authorize the City Engineer to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship.

BACKGROUND:

On February 3, 2021, the City Council awarded a construction contract to Elecnor Belco Electric, Inc. for construction of traffic signal modifications at the intersections of Foothill Boulevard and Etiwanda Avenue, Carnelian Street and Lemon Avenue, and Base Line Road and Etiwanda Avenue in the amount of $209,074 and a 10% contingency in the amount of $20,907. A copy of the February 3, 2021 City Council staff report is on file with the City Clerk. A vicinity map is included as Attachment 1.

The scope of work for the project consisted of the installation of conduit, conductors, pullboxes, re-wiring, traffic signal cabinets, related traffic signal equipment, trenching and paving, and sidewalk repair.

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ANALYSIS:

The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. There had been no significant change in the final quantities and the total cost for the project is the same as the contracted amount. At the end of the one-year maintenance period, if the improvements remain free from defects in material and workmanship, the City Clerk will release the Maintenance Bond upon approval by the City Engineer.

FISCAL IMPACT:

A total of $272,100 was appropriated for the project from the Gas Tax R&T Fund (Fund 174).

Further, additional funding for inspection services was budgeted from the Gas Tax R&T Fund (Fund 174). The project funding is summarized below.

Account No. Funding Source Description Amount
11743035650/2031174-0 Gas Tax Fund
174
Traffic Signal Mod Foothill at
Etiwanda
$96,925
11743035650/2035174-0 Gas Tax Fund
174
Traffic Signal Mod Lemon at
Carnelian & Base Line at
Etiwanda
$175,175
1174303-5350 Gas Tax Fund
174
Contract Inspection Services $8,000
Total Project Funding $280,100
The final project construction cost and final accounting on support services is $229,694 as shown below.

Expenditure Amount
Final Construction Contract $209,074
Construction Inspection Services $20,620
Total Project Cost $229,694
A total of $50,406 remains in the budget for this project and will be returned to the Gas Tax Fund (174) fund balance to be used for future capital improvement projects.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council's Core Values by ensuring the construction of high-quality public improvements that promote success as a world class community.

ATTACHMENTS:

Attachment 1 – Vicinity Map

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ATTACHMENT 1

FISCAL YEAR 2020/21

TRAFFIC SIGNAL MODIFICATIONS PROJECT

VICINITY MAP

NOT TO SCALE

1 of 3: Intersection of Lemon Ave and Carnelian St
2 of 3: Intersection of Etiwanda Ave and Base Line Rd
3 of 3: Intersection of Etiwanda Ave and Foothill Blvd

Project Location(s)

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DATE:July 20, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Noah Daniels, Finance Director
SUBJECT: Consideration of a Resolution by the City Council, as the Code Reviewing Body Pursuant to the California Political Reform Act, Approving the Conflict of Interest Code for the Rancho Cucamonga EIFD Public Financing Authority (RESOLUTION NO. 2022-093)(CITY).

RECOMMENDATION:

It is recommended that the City Council, as the code reviewing body pursuant to the California Political Reform Act, adopt a Resolution to approve the Conflict of Interest Code for the Rancho Cucamonga EIFD Public Financing Authority (“RC EIFD Public Financing Authority”).

BACKGROUND:

On February 16, 2022, the City Council adopted a Resolution of Intention (ROI) establishing the RC EIFD Public Financing Authority as the governing board for the Rancho Cucamonga Enhanced Infrastructure Financing District. The RC EIFD Public Financing Authority was required to adopt its own Conflict of Interest Code in accordance with the California Political Reform Act.

However, the Conflict of Interest Code is not in effect until approved by the City Council of the City of Rancho Cucamonga, which serves as the code reviewing body for the RC EIFD Public Financing Authority.

ANALYSIS:

The Political Reform Act, Government Code section 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code. On May 10, 2022, the RC EIFD Public Financing Authority adopted its own Conflict of Interest Code which set forth the terms of a standard model Conflict of Interest Code.

Each member of the RC EIFD Public Financing Authority, as well as the alternates, Executive Director, General Counsel, and consultants, will file statements of economic interests (Form 700) to disclose any financial interests as required. The City Clerk will maintain statements of economic interest filed by designated officials in the Conflict of Interest Code.

Adoption of the Resolution is recommended in order to complete this process for the EIFD. Any future amendments to the Conflict of Interest Code will need to be approved by the City Council.

FISCAL IMPACT:

There is no fiscal impact from this item.

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COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

The approval of the Conflict of Interest Code for the RC EIFD Public Financing Authority reflects the Council's core values of intentionally embracing and anticipating the future, and maintaining the highest standards of behavior by promoting public trust.

ATTACHMENTS:

Attachment 1 - Resolution No. 2022-093

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RESOLUTION NO. 2022-093

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, AS THE CODE REVIEWING BODY PURSUANT TO

THE CALIFORNIA POLITICAL REFORM ACT, APPROVING THE CONFLICT OF

INTEREST CODE FOR THE RANCHO CUCAMONGA EIFD PUBLIC FINANCING

AUTHORITY
WHEREAS, pursuant to Government Code Sections 87300 and 87302, the Rancho Cucamonga EIFD Public Financing Authority (“RC EIFD Public Financing Authority”) has adopted and incorporated by reference the terms of the standard model conflict of interest code adopted by the Fair Political Practices Commission (FPPC) by Title 2, Division 6, California Code of Regulations, Section 18730, and a list setting forth (1) designated positions of officers, employees, and consultants; and (2) required conflict of interest disclosure categories for the RC EIFD Public Financing Authority; and
WHEREAS, on May 10, 2022, the RC EIFD Public Financing Authority adopted Resolution No. PFA 2022-001, approving the RC EIFD Public Financing Authority Conflict of Interest Code; and WHEREAS, the City Council, as the code reviewing body pursuant to Government Code Section 82011(c), must approve the Conflict of Interest Code for the RC EIFD Public Financing Authority; and
WHEREAS, the list of designated positions and reportable disclosure categories of the RC EIFD Public Financing Authority, as set forth in Appendix I and Appendix II attached hereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, as follows:

1. In accordance with Government Code Sections 87300 and Section 87302, the Conflict of Interest Code for the RC EIFD Public Financing Authority is approved in its entirety by this Resolution and the appendices attached hereto.

2. 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 RC EIFD Public Financing Authority.

3. Persons holding designated positions listed in the attached Appendix I, including temporary employees of the RC EIFD Public Financing Authority, and consultants who are required to disclose pursuant to Appendix II, must file the Form 700 – Statement of Economic Interests when required by the California Political Reform Act or notified to do so by the City Clerk or designee or by the terms of an employee or consultant agreement with the RC EIFD Public Financing Authority in accordance with the Act.

4. Nothing in this Resolution should be construed to allow any consultant retained by the RC EIFD Public Financing Authority to make or participate in making or in any way attempt to influence a governmental decision in which he or she knows or has reason to know he or she has a financial interest. Disqualification in the event of a conflict of interest is governed by the California Political Reform Act in Section 87100 and following of the Government Code and its Regulations.

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5. All agreements with consultants, whether or not such a consultant is required to file a disclosure statement in accordance with this Resolution, shall provide that the consultant shall avoid all conflicts of interest or appearances of conflicts of interest in performing the agreement.

PASSED, APPROVED AND ADOPTED this 20th day of JULY, 2022, by the following vote:
________________________________
L. Dennis Michael, Mayor
AYES:

NOES:

ABSENT:

ABSTAINED:

I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 20th day of July 2022.

ATTEST: ____________________________________
Janice C. Reynolds, City Clerk

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APPENDIX "I"

DESIGNATED POSITIONS
Designated Positions Disclosure Categories
Member of Board of Directors 1, 2, 3, 4
Member of Board of Directors (Alternate) 1, 2, 3, 4
Executive Director 1, 2, 3, 4
General Counsel 1, 2, 3, 4
Consultants 5

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APPENDIX "II"

DISCLOSURE CATEGORIES
Designated positions must report financial interests in accordance with the assigned disclosure categories.

Category 1: Persons in this category shall disclose interests in real property located within the jurisdiction of the Rancho Cucamonga Enhanced Infrastructure Financing District. Real property shall be deemed within the Rancho Cucamonga EIFD Public Financing Authority’s (“Authority”) jurisdiction if the property or any part of it is located within two miles of the borders of the Rancho Cucamonga Enhanced Infrastructure Financing District, or within two miles of any land owned or used by the Authority.

Designated persons are not required to disclose property used primarily as their principal residence.

Category 2: Persons in this category shall disclose reportable income from persons or business entities that have contracted with the Authority, or that provide, plan to provide, or have provided within two years from the time a statement is required under this Conflict of Interest Code, contractual services, or other services, supplies, materials or equipment of the type utilized by the Authority.

Category 3: Persons in this category shall disclose reportable investments in business entities that contract with the Authority or that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, contractual services, or other services, supplies, materials or equipment of the type utilized by the Authority.

Category 4: Persons in this category shall disclose reportable business positions in business entities that contract with the Authority or that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, contractual services, or other services, supplies, materials or equipment of the type utilized by the Authority.

Category 5: See following page for designated consultants and disclosure categories.

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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 approval to a
plan, design, report, study, or adopt or
grant approval of policies, standards, or
guidelines for the Authority.

All reportable interests in real property in
the jurisdiction; reportable income and
business positions; reportable
investments; and reportable gifts, unless
the Executive Director 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 Authority, 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
identified elsewhere in this Code.

Consultants who perform the same or
substantially all the same duties for
the Authority that would otherwise be
performed by an individual holding a
designated position in this 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 Authority Secretary 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 Executive Director 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 Executive Director’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.

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DATE:July 20, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Noah Daniels, Finance Director
SUBJECT: Consideration of Resolutions Approving the Special Tax Levy for Various Community Facilities Districts and the Special Annual Benefit Assessment for Drainage Area No. 91-2 for the Fiscal Year 2022/23. (RESOLUTION NOS. 2022-094 to 2022-109) (CITY)
RECOMMENDATION:

It is recommended that the City Council adopt the Resolutions approving the special tax levy and special annual benefit assessment, as applicable, for the following Community Facilities Districts and Benefit Assessment District (each a “District” and collectively the “Districts”) for the Fiscal Year 2022/23:

1. Community Facilities Districts No. 2000-01 (South Etiwanda),

2. Community Facilities Districts No. 2000-02 (Rancho Cucamonga Corporate Park),

3. Community Facilities Districts No. 2000-03 (Rancho Summit),

4. Community Facilities Districts No. 2000-03 Special Tax “B” (Rancho Summit),

5. Community Facilities Districts No. 2001-01 (Improvement Area Nos. 1 and 2),

6. Community Facilities Districts No. 2001-01 (Improvement Area No. 3),

7. Community Facilities Districts No. 2003-01 (Improvement Area No. 1),

8. Community Facilities Districts No. 2003-01 (Improvement Area No. 2),

9. Community Facilities Districts No. 2004-01 (Rancho Etiwanda Estates),

10. Community Facilities Districts No. 2006-01 (Vintner’s Grove),

11. Community Facilities Districts No. 2006-02 (Amador on Route 66),

12. Community Facilities Districts No. 2017-01 (North Etiwanda),

13. Community Facilities Districts No. 2018-01 (The Resort at Empire Lakes),

14. Community Facilities Districts No. 2022-01 (Street Lighting Services),

15. Community Facilities Districts No. 2022-02 (Industrial Area Services), and

16. Drainage Area No. 91-2 (Day Canyon Drainage Basin)
BACKGROUND:

Annually, before the County’s direct assessment enrollment in August, the City Council must adopt a Resolution approving the levy of special tax and special benefit assessment for each District. If approved, staff will file the certified list of all parcels subject to the levy for each District with the County of San Bernardino to be included in the property owner’s property tax billings.

The City Council has previously authorized the formation of the Districts, including the services provided or the bonded indebtedness secured by the Districts.

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ANALYSIS:

Community Facilities Districts
The Districts will levy special taxes to pay for the public facilities and services, the principal and interest debt service, and other administrative costs. Special taxes are levied to pay current and future debt service until the bonds are repaid or for public facilities and services on an ongoing basis.

The table below summarizes the total special tax levy and maturity date for each District with outstanding bonded indebtedness for the Fiscal Year 2022/23. Changes to the special tax levy are recommended based on an analysis of each District's ability to have adequate resources to pay current and future debt service payments.

District / Name Bond Maturity Fiscal Year 2022/23 Notes CFD No. 2000-01
(South Etiwanda) September 2025 $73,922 No change from the prior year.

CFD No. 2000-02
(Rancho Cucamonga Corporate Park) September 2025 $517,806 No change from the prior year.

CFD No. 2000-03
(Rancho Summit) September 2035 $566,112 No change from the prior year.

CFD No. 2001-01
(Improvement Areas Nos. 1 and 2) September 2031 $670,447 No change from the prior year.

CFD No. 2001-01
(Improvement Area No. 3) September 2031 $61,467 No change from the prior year.

CFD No. 2003-01
(Improvement Area No. 1) September 2033 $1,225,344 Increased 2% for debt service.

CFD No. 2003-01
(Improvement Area No. 2) September 2033 $209,165 Increased 2% for debt service.

CFD No. 2004-01
(Rancho Etiwanda Estates) September 2036 $2,350,660 No change from the prior year.

CFD No. 2006-01
(Vintner’s Grove) September 2037 $288,959 No change from the prior year.

CFD No. 2006-02
(Amador on Route 66) September 2037 $183,158 No change from the prior year.

The table below summarizes the special tax levies for the Districts which will provide maintenance and services in perpetuity by a single-family residence or by the acre. Generally, the special tax levy is based on changes in operating costs and capital replacement plans for each District.

District / Name Maximum
Fiscal Year
2021/22
Fiscal Year
2022/23 Notes
CFD No. 2000-03
Special Tax “B”
(Rancho Summit)
$1,560.43 $1,529.83 $1,560.43 Increased 2% to reflect an increase in operational costs.

CFD No. 2017-01
(North Etiwanda)
Residential Property
$1,019.99 $0 $0
No residential parcelshave been
developed; rate is on hold pending
development
CFD No. 2017-01
(North Etiwanda)
Undeveloped Property
$2,475.65 $0 $20 No change from prior year.Maybe
explain why $20?

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CFD No. 2018-01
(The Resort at
Empire Lakes)
Residential Property
$369.00 $358.25 $369.00
Increased 3% to reflect an
increase in operational costs and
build reserves for future capital
projects.

CFD No. 2018-01
(The Resort at
Empire Lakes)
Undeveloped Property
$6,057.58 $1,858.29 $1,592.51
Decreased 14.3% as a result of an
increasing number of residential
properties in the District.

CFD No. 2022-01
(Street Lighting Services)
Tax Zone No. 1
Tax Zone No. 2
Tax Zone No. 3
Tax Zone No. 4
Tax Zone No. 5
Tax Zone No. 6
Tax Zone No. 7
Tax Zone No. 8
$22.67
$75.17
$47.15
$28.96
$63.79
$51.40
$58.64
$37.79
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
No annual special tax levy;
annexed properties will be levied
upon issuance of building permits.

CFD No. 2022-02
(Industrial Area Services)
Industrial Property
$5,852.00 $0 $0
No annual special tax levy;
annexed properties will be levied
upon issuance of building permits.

Benefit Assessments for Drainage Area No. 91-2 (Day Canyon Drainage Basin) The District consists of 363 residential parcels which are generally located north of Wilson Ave between Day Creek Boulevard and Etiwanda Avenue. For the Fiscal Year 2022/23, staff determined the current assessment of $72.17 per residential parcel is sufficient to meet all District’s financial obligations. The annual assessment for the District pays for maintenance and servicing of a 27-acre-foot desilting basin and a 1,460-linear foot concrete drainage channel.

FISCAL IMPACT:

Special tax and special annual benefit assessment revenues collected for each District are used for the related public facilities and services, debt service payments, and administration costs for only that District.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addresses the City Council’s core value of intentionally embracing and anticipating the future by complying with reporting requirements for special taxes and special annual benefit assessment revenues to provide public facilities and services, debt service payments, and administrative costs for the Districts.

ATTACHMENTS:

Attachment 1 – Resolution CFD 2000-01
Attachment 2 – Annual Status Report – CFD 2000-01
Attachment 3 – Resolution CFD 2000-02
Attachment 4 – Annual Status Report - CFD 2000-02
Attachment 5 – Resolution CFD 2000-03
Attachment 6 – Annual Status Report - CFD 2000-03
Attachment 7 – Resolution CFD 2000-03 Special Tax “B”
Attachment 8 – Annual Status Report - CFD 2000-03 Special Tax “B” Attachment 9 – Resolution CFD 2001-01 (Improvement Area No. 1 and 2) Attachment 10 – Annual Status Report – CFD 2001-01 (Improvement Area Nos. 1 and 2) Attachment 11 – Resolution CFD 2001-01 (Improvement Area No. 3) Attachment 12 – Annual Status Report – CFD 2001-01 (Improvement Area No. 3) Attachment 13 – Resolution CFD 2003-01 (Improvement Area No. 1)

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1 3
7 7
Attachment 14 – Annual Status Report – CFD 2003-01 (Improvement Area No. 1) Attachment 15 – Resolution CFD 2003-01 (Improvement Area No. 2) Attachment 16 – Annual Status Report – CFD 2003-01 (Improvement Area No. 2) Attachment 17 – Resolution CFD 2004-01
Attachment 18 – Annual Status Report - CFD 2004-01
Attachment 19 – Resolution CFD 2006-01
Attachment 20 – Annual Status Report - CFD 2006-01
Attachment 21 – Resolution CFD 2006-02
Attachment 22 – Annual Status Report – CFD 2006-02
Attachment 23 – Resolution CFD 2017-01
Attachment 24 – Annual Status Report – CFD 2017-01
Attachment 25 – Resolution CFD 2018-01
Attachment 26 – Annual Status Report – CFD 2018-01
Attachment 27 – Resolution CFD 2022-01
Attachment 28 – Annual Status Report – CFD 2022-01
Attachment 29 – Resolution CFD 2022-02
Attachment 30 – Annual Status Report – CFD 2022-02
Attachment 31 – Resolution BAD 91-2
Attachment 32 – Annual Status Report – BAD 91-2

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Resolution No. 2022-XXX – Page 1 of 2
ATTACHMENT 1
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH
ETIWANDA) FOR FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2000-01 (South Etiwanda) (hereinafter referred to as the "District"); and
WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15-147 on August 5, 2015, previously established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting in a reduction in the debt service payable from the special taxes levied within the District.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2022/23 for the District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report.

SECTION 3: That the rates as set forth in such Annual Status Report do not exceed the amount as previously authorized by Ordinance of this legislative body, and are not in excess of that as previously approved by the qualified electors of the District.

SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority:

A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of administering the District and any bonds of the District; and
D. Repayment of advances and loans, if appropriate.

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Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 1
The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose.

SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund.

SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report.

SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

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ATTACHMENT 2

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2000-01

SOUTH ETIWANDA

ANNUAL STATUS REPORT
JULY 2022

Page 203 ends

Community Facilities District No. 2000-01 1 Fiscal Year 2022/23 ATTACHMENT 2

BACKGROUND
On November 7, 2000, an election was held and the property owners within the boundary of Community Facilities District No. 2000-01 (South Etiwanda) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $1,365,000. On November 15, 2000, the City Council adopted Ordinance No. 645 authorizing the levy of a Special Tax in the District. Bonds were issued on December 21, 2000, for the purpose of financing the acquisition of certain public facilities that included street, sewer, water, storm drain, landscaping and park improvements that were required for and would permit the development of the properties within the District. The District is located east of Interstate 15 and is bordered by Foothill to the south, East to the east, Base Line to the north, Etiwanda to the west and is intersected by Miller.

On December 7, 2011, the City Council adopted Resolution No. 11-179 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2012, in the principal amount of $658,000 were issued on December 21, 2011. This amount represented the outstanding principal balance of the original bonds as of this date.

On July 1, 2015, the City Council adopted Resolution No. 15-115 authorizing the issuance of special tax refunding bonds for this District in conjunction with various other community facilities districts. The Special Tax Refunding Bonds, Series 2015, were refunded with a total principal amount of $18,546,000 and were issued on July 30, 2015.

By authorizing this refunding, the City Council provided savings to the property owners for the remaining life of the bond issue, that translated to a 4.85% overall reduction in the annual debt service payment paid by property owners.

The annual special tax is based on the square footage of the home for residential properties.

This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations.

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Community Facilities District No. 2000-01 2 Fiscal Year 2022/23 ATTACHMENT 2
COMMUNITY FACILITIES DISTRICT NO. 2000-01

ANNUAL SPECIAL TAX
FISCAL YEAR 2022/23
Description Building Size Assigned Special Tax

1. Residential Property > 2,301 Sq Ft $283.66

2. Residential Property 1,801 - 2,300 Sq Ft $269.48

3. Residential Property < 1,800 Sq Ft $241.11
COMMUNITY FACILITIES DISTRICT NO. 2000-01

PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year
2022/23 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 73,930$ Interest Revenue 520
Total Proposed Sources 74,450
Uses
Debt Service
Principal Repayments 48,000
Interest Expense 5,250
Subtotal - Debt Service 53,250
Contract Services 2,000
Assessment Administration 16,250
Admin./General Overhead 190
Total Proposed Uses 71,690
Contribution to/(Use of) Fund Balance 2,760$

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Community Facilities District No. 2000-01 3 Fiscal Year 2022/23 ATTACHMENT 2

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Resolution No. 2022-XXX – Page 1 of 2
ATTACHMENT 3
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO
CUCAMONGA CORPORATE PARK) FOR FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) (hereinafter referred to as the "District"); and
WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15-148 on August 5, 2015, previously established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting in a reduction in the debt service payable from the special taxes levied within the District.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority:

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Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 3
The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose.

SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

Page 208 ends

ATTACHMENT 4

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2000-02

RANCHO CUCAMONGA CORPORATE PARK

ANNUAL STATUS REPORT
JULY 2022

Page 209 ends

Community Facilities District No. 2000-02 1 Fiscal Year 2022/23 ATTACHMENT 4

BACKGROUND
On November 7, 2000, the electors within the boundary of Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $6,835,000 for the purpose of financing the acquisition of street improvements on public street improvements required as a condition of approval of development of the property within the proposed district including Milliken, Arrow and Foothill; such street improvements to include, but not to be limited to: demolition and grading, curb, gutter and sidewalks, traffic signals; entry feature and signs; fire hydrants; storm drains; water and sewer improvements; paving; striping; landscaping and irrigation improvements; public utilities and appurtenances.

On December 7, 2011, the City Council adopted Resolution No. 11-179 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2011, in the principal amount of $5,407,000 were issued on December 21, 2011. This amount represented the outstanding principal balance of the original bonds as of this date.

On July 1, 2015, the City Council adopted Resolution No. 15-115 authorizing the issuance of special tax refunding bonds for this District in conjunction with various other Community Facilities Districts. The Special Tax Refunding Bonds, Series 2015 were refunded with a total principal amount of $18,546,000 and were issued on July 30, 2015.

By authorizing this refunding, the City Council provided savings to the property owners for the remaining life of the bond issue, that translated to a 4.72% overall reduction in the annual debt service payment paid by property owners.

Each July 1, commencing July 1, 2012 the maximum annual special tax will be increased by two percent (2%) of the amount in effect for the previous fiscal year. The special taxes will be levied as follows: (1) The special tax will be levied on each taxable parcel in an amount equal to 100% of the applicable maximum annual special tax; or (2) If the special tax requirement will be satisfied by an amount less than the maximum annual special tax the special tax will be levied proportionately on each taxable parcel at less than 100% of the maximum annual special tax. Therefore, for Fiscal Year 2022/23 the current rate is sufficient to meet fiscal obligations and there is no need for an increase of the special tax by 2%. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations.

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Community Facilities District No. 2000-02 2 Fiscal Year 2022/23 ATTACHMENT 4
COMMUNITY FACILITIES DISTRICT NO. 2000-02

ANNUAL SPECIAL TAX
FISCAL YEAR 2022/23
There will be no increase to the special tax for the District. The annual tax rate for Fiscal Year 2022/23 will be $3,792.06 per acre.

COMMUNITY FACILITIES DISTRICT NO. 2000-02

PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year
2022/23 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 517,810$ Interest Revenue 1,600
Total Proposed Sources 519,410
Uses
Debt Service
Principal Repayments 446,000
Interest Expense 51,850
Subtotal - Debt Service 497,850
Contract Services 2,000
Assessment Administration 46,800
Admin./General Overhead 340
Total Proposed Uses 546,990
Contribution to/(Use of) Fund Balance (27,580)$

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Community Facilities District No. 2000-02 3 Fiscal Year 2022/23 ATTACHMENT 4

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Resolution No. 2022-XXX – Page 1 of 2
ATTACHMENT 5
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF
SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000- 03A (RANCHO SUMMIT) FOR FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2000-03A (Rancho Summit) (hereinafter referred to as the "District"); and
WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and
WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2022/23 for the referenced District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report.

SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District.

SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority:

A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services; and D. Repayment of advances and loans, if appropriate.

The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose.

SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in

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Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 5
cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

Page 214 ends

ATTACHMENT 6

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2000-03A
(RANCHO SUMMIT)

ANNUAL STATUS REPORT
JULY 2022

Page 215 ends

Community Facilities District No. 2000-03A (Rancho Summit) . 1 Fiscal Year 2022/23 ATTACHMENT 6

BACKGROUND
On October 11, 2000, an election was held and the property owners within the boundary of Community Facilities District No. 2000-03A (Rancho Summit) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $9,835,000. On July 6, 2005, the City Council adopted Ordinance No. 744 approving the levy of the special tax and on September 21, 2005, approved Resolution No. 05-278 authorizing the issuance of bonds.

The District was authorized to finance park improvements including clearing and grading of park sites, park hardscape and restrooms, street improvements and parkway hardscape landscaping of parks and parkways and park equipment with a useful life of five (5) years or more. The District is bounded by the San Bernardino National Forest to the north, the 210 Freeway to the south, Interstate 15 Freeway to the east and East to the west.

On July 16, 2014, the City Council adopted Resolution No. 14-127 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2014 in the principal amount of $8,500,000 were issued on July 31, 2014.

By authorizing this refunding, the City Council provided annual savings to the property owners of approximately $120,000 for the remaining life of the bond issue.

Each Fiscal Year, all Taxable Property within the District shall be assigned to a Zone and further classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property and shall be subject to Special Taxes in accordance with this Amended and Restated Rate and Method of Apportionment. Residential Property shall be assigned to Land Use Classes 1 through 10 and Non-Residential Property shall be assigned to Land Use Class 11.

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Community Facilities District No. 2000-03A (Rancho Summit) . 2 Fiscal Year 2022/23 ATTACHMENT 6
COMMUNITY FACILITIES DISTRICT NO. 2000-03A

ANNUAL SPECIAL TAX
FISCAL YEAR 2022/23
1 Residential Property < 1,850 Sq. Ft $1,286.21
2 Residential Property 1,850 – 2,049 Sq. Ft $1,430.88
3 Residential Property 2,050 – 2,249 Sq. Ft $1,527.32
4 Residential Property 2,250 – 2,449 Sq. Ft $1,541.65
5 Residential Property 2,450 – 2,649 Sq. Ft $1,552.94
6 Residential Property 2,650 – 2,849 Sq. Ft $1,684.05
7 Residential Property 2,850 – 3,049 Sq. Ft $1,855.09
8 Residential Property 3,050 – 3,049 Sq. Ft $1,904.07
9 Residential Property 3,250 – 3,249 Sq. Ft $2,017.09
10 Residential Property => 3,450 Sq. Ft $2,031.41
11 Non-Residential Property N/A $9,493.97 per Acre
Land Use Class Residential Floor Area Assigned Special TaxDescription

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Community Facilities District No. 2000-03A (Rancho Summit) . 3 Fiscal Year 2022/23 ATTACHMENT 6
COMMUNITY FACILITIES DISTRICT NO. 2000-03A

PROPOSED USES AND SOURCES OF FUNDS
Fiscal Year
2022/23 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 566,120$ Interest Revenue 2,690
Total Proposed Sources 568,810
Uses
Debt Service
Principal Repayments 304,000
Interest Expense 205,960
Subtotal - Debt Service 509,960
Contract Services 2,000
Assessment Administration 19,260
Admin./General Overhead 370
Total Proposed Uses 531,590
Contribution to/(Use of) Fund Balance 37,220$

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Community Facilities District No. 2000-03A (Rancho Summit) . 4 Fiscal Year 2022/23 ATTACHMENT 6

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Resolution No. 2022-XXX – Page 1 of 2
ATTACHMENT 7
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF
MAXIMUM SPECIAL TAX “B” FOR COMMUNITY FACILITIES
DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR FISCAL YEAR
2022/23
WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2000-03B (Rancho Summit) (hereinafter referred to as the "District"); and
WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and
WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 2: That the specific rate and amount of the Special Tax “B” to be collected for Fiscal Year 2022/23 for the District are hereby determined and established as set forth Annual Status Report to this Resolution, which is attached hereto and incorporated herein by reference.

SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by the Ordinance, and is not in excess of that as previously approved by the qualified electors of the District.

SECTION 4: That the proceeds of Special Tax “B” shall be used, in whole or in part, for the following:

A. Payment of costs and expenses of the operation and maintenance of authorized parks and parkways and incidental expenses pursuant to the Act; B. Payment of an amount necessary to fund or replenish an operating reserve for the costs of the operation of authorized parks and parkways; and
C. Payment of a proportionate share of Administrative Expenses as such term is defined in the Modified Rate and Method.

The proceeds of Special Tax “B” shall be used as set forth above, and shall not be used for any other purpose.

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Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 7
SECTION 5: Special Tax “B” shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund.

SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of Special Tax “B,” and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

Page 221 ends

ATTACHMENT 8

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2000-03 B
(RANCHO SUMMIT)

ANNUAL STATUS REPORT
JULY 2022

Page 222 ends

Community Facilities District No. 2000-03B 1 Fiscal Year 2022/23 ATTACHMENT 8

BACKGROUND
On August 16, 2000, the City Council approved Resolution No. 00-149 and established Community Facilities District No. 2000-03B, (the “District”). On October 11, 2000, the qualified electors of the District, being the owners of the land within the District, voted to approve the levy of a special tax to pay for certain public services and the administering of such District. On July 6, 2005, the City Council adopted Ordinance No. 744 approving the levy of the special tax and on September 21, 2005 approved Resolution No. 05-278 authorizing the issuance of bonds.

The District was authorized to finance park improvements, including, clearing and grading of park sites, park hardscape and restrooms, street improvements and parkway hardscape landscaping of parks and parkways and park equipment with a useful life of five (5) years or more. The District is bounded by the San Bernardino National Forest to the north, the 210 Freeway to the south, Interstate 15 Freeway to the east and East to the west.

Each fiscal year, all Taxable Property within the District shall be assigned to a Zone and further classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property and shall be subject to Special Taxes in accordance with this Amended and Restated Rate and Method of Apportionment. Residential Property shall be assigned to Land Use Classes 1 through 10 and Non-Residential Property shall be assigned to Land Use Class 11.

Annually on July 1, the Maximum Special Tax “B” shall be increased based on the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.

At this time, in order to provide sufficient revenues to meet the District expenses without adversely impacting maintenance, a rate increase to the Maximum Special Tax “B” is required. This equates to a 2.0% increase from the prior year.

Fiscal Year CPI Rate Maximum Assessment per EBU
Actual Assessment per EBU
2018/19 3.50% $1,309.18 $1,309.18
2019/20 6.00% $1,387.73 $1,387.73
2020/21 6.00% $1,470.99 $1,470.99
2021/22 4.00% $1,529.83 $1,529.83
2022/23 2.00% $1,560.43 $1,560.43

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Community Facilities District No. 2000-03B 2 Fiscal Year 2022/23 ATTACHMENT 8
COMMUNITY FACILITIES DISTRICT NO. 2000-03B

ANNUAL SPECIAL TAX
FISCAL YEAR 2022/23
Land Use
Class Description Residential Floor Area
Maximum
Special Tax B
1 - 10 Residential Property <1850 Sq. Ft to => 3,450 Sq. Ft 1,560.43$ COMMUNITY FACILITIES DISTRICT NO. 2000-03B

PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year
2022/23 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 561,750$ Anticipated Prior Year Delinquencies Collection 4,940
Subtotal - Taxes 566,690
Interest Revenue 3,960
Total Proposed Sources 570,650
Uses
Personnel Services 211,420
Operations and Maintenance 27,500
Contract Services 84,040
Utilities 123,140
Assessment Administration 1,290
Admin./General Overhead 79,520
Total Proposed Uses 526,910
Contribution to/(Use of) Fund Balance 43,740$

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Community Facilities District No. 2000-03B 3 Fiscal Year 2022/23 ATTACHMENT 8

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Resolution No. 2022-XXX – Page 1 of 2
ATTACHMENT 9
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT 2001-01
(IMPROVEMENT AREA NOS. 1 AND 2) FOR FISCAL YEAR 2022/23 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2001-01 (Improvement Area Nos. 1 and Improvement Area No. 2) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15-149 on August 5, 2015, previously established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting in a reduction in the debt service payable from the special taxes levied within the District.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority:

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Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 9
The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose.

SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

Page 227 ends

ATTACHMENT 10

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2001-01
IMPROVEMENT AREA NO. 1 AND 2

ANNUAL STATUS REPORT
JULY 2022

Page 228 ends

Community Facilities District No. 2001-01 (Improvement Area No. 1 and 2) 1 Fiscal Year 2022/23 ATTACHMENT 10

BACKGROUND
On June 20, 2001, an election was held and the property owners within the boundary of Community Facilities District No. 2001-01 (Improvement Area Nos. 1 and 2) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $14,240,000. On August 15, 2001, the City Council adopted Ordinance No. 01-019 authorizing the issuance of bonds.

Bonds were issued on August 29, 2001, to share in the financing of public street improvements required for the development of the property within the District; including, improvements to Day Creek, Victoria Park, Church, Foothill, Base Line and Arbor; landscaping improvements within public right-of-way; and storm drain and flood control improvements.

On December 7, 2011, the City Council adopted Resolution No. 11-179 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2012, in the principal amount of $9,093,000 were issued on December 21, 2011. This amount represented the outstanding principal balance of the original bonds as of this date.

On July 1, 2015, the City Council adopted Resolution No. 15-115 authorizing the issuance of special tax refunding bonds for this District in conjunction with various other Community Facilities Districts. The Special Tax Refunding Bonds, Series 2015, were refunded with a total principal amount of $18,546,000 and were issued on July 30, 2015.

By authorizing this refunding, the City Council provided savings to the property owners for the remaining life of the bond issue, that translated to a 12.09% overall reduction in the annual debt service payment paid by property owners.

The special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations.

Each fiscal year, all Taxable Property within Improvement Area No. 1 and Improvement Area No. 2 shall be classified as Developed Property, Final Mapped Property, Taxable Property Owner Association Property, Taxable Public Property, or Undeveloped Property and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment pursuant to the sections below.

The property in Improvement Area No. 1 is residential in use. The property in Improvement Area No. 2 is primarily commercial and contains Victoria Gardens.

Page 229 ends

Community Facilities District No. 2001-01 (Improvement Area No. 1 and 2) 2 Fiscal Year 2022/23 ATTACHMENT 10
COMMUNITY FACILITIES DISTRICT NO. 2001-01

ANNUAL SPECIAL TAX
FISCAL YEAR 2022/23

LAND USE

CLASS DESCRIPTION RESIDENTIAL FLOOR AREA ASSIGNED SPECIAL TAX 1 Single Family Property => 3,250 Sq Ft $1,115.90 per Dwelling Unit 2 Single Family Property 2,950 to 3,249 Sq Ft $894.84 per Dwelling Unit 3 Single Family Property 2,650 to 2,949 Sq Ft $805.04 per Dwelling Unit 4 Single Family Property 2,350 to 2,649 Sq Ft $691.32 per Dwelling Unit 5 Single Family Property 2,150 to 2,349 Sq Ft $646.69 per Dwelling Unit 6 Single Family Property 1,950 to 2,149 Sq Ft $594.61 per Dwelling Unit 7 Single Family Property < 1,950 Sq Ft $498.43 per Dwelling Unit 8 Apartment Property Not Applicable $125.94 per Dwelling Unit 9 Non-Residential Property Not Applicable $4,462.52 per Acre IMPROVEMENT AREA NO. 1

LAND USE

CLASS DESCRIPTION ASSIGNED SPECIAL TAX
1 Apartment Property $125.94 Per Dwelling Unit
2 Other Residential Property $5,721.95 per Acre
3 Non-Residential Property $0.33 Per Sq Ft. of Non-Residential Floor Area IMPROVEMENT AREA NO. 2

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Community Facilities District No. 2001-01 (Improvement Area No. 1 and 2) 3 Fiscal Year 2022/23 ATTACHMENT 10
COMMUNITY FACILITIES DISTRICT NO. 2001-01

PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year
2022/23 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 670,450$ Total Proposed Sources 670,450
Uses
Debt Service
Principal Repayments 425,000
Interest Expense 170,320
Subtotal - Debt Service 595,320
Contract Services 2,000
Assessment Administration 55,900
Admin./General Overhead 420
Total Proposed Uses 653,640
Contribution to/(Use of) Fund Balance 16,810$

Page 231 ends

Community Facilities District No. 2001-01 (Improvement Area No. 1 and 2) 4 Fiscal Year 2022/23 ATTACHMENT 10

Page 232 ends

Resolution No. 2022-XXX – Page 1 of 2
ATTACHMENT 11
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT 2001-01 (IMPROVEMENT AREA NO. 3) FOR FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2001-01 (Improvement Area No. 3) (hereinafter referred to as the "District"); and
WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15-150 on August 5, 2015, previously established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting in a reduction in the debt service payable from the special taxes levied within the District.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority:

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Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 11
The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose.

SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

Page 234 ends

ATTACHMENT 12

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2001-01
IMPROVEMENT AREA NO. 3

ANNUAL STATUS REPORT
JULY 2022

Page 235 ends

Community Facilities District No. 2001-01 (Improvement Area 3) Fiscal Year 2022/23 ATTACHMENT 12
1 BACKGROUND
On June 20, 2001, an election was held and the property owners within the boundary of Community Facilities District No. 2001-01 (Improvement Area No. 3) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $935,000. On August 15, 2001, the City Council adopted Ordinance No. 01-019 authorizing the issuance of bonds.

On December 7, 2011, the City Council adopted Resolution No. 11-179 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2012, in the principal amount of $9,093,000 were issued on December 21, 2011. This amount represented the outstanding principal balance of the original bonds as of this date.

By authorizing this refunding, the City Council provided savings to the property owners for the remaining life of the bond issue, that translated to a 6.29% overall reduction in the annual debt service payment paid by property owners.

The special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations.

Each fiscal year, all Taxable Property within each Zone of Improvement Area No. 3 shall be classified as Taxable or Non-Taxable Property and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment pursuant to the section below.

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Community Facilities District No. 2001-01 (Improvement Area 3) Fiscal Year 2022/23 ATTACHMENT 12
2 COMMUNITY FACILITIES DISTRICT NO. 2001-01

ANNUAL SPECIAL TAX
FISCAL YEAR 2022/23

TAXABLE

ACREAGE BOND SHARE ASSIGNED TAX

PER ACRE
ZONE 7-LEGGIO 37.48 8.30% $1,640.00
COMMUNITY FACILITIES DISTRICT NO. 2001-01

PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year
2022/23 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 61,470$ Total Proposed Sources 61,470
Uses
Debt Service
Principal Repayments 41,000
Interest Expense 16,490
Subtotal - Debt Service 57,490
Admin./General Overhead 120
Total Proposed Uses 59,610
Contribution to/(Use of) Fund Balance 1,860$

Page 237 ends

Community Facilities District No. 2001-01 (Improvement Area 3) Fiscal Year 2022/23 ATTACHMENT 12
3

Page 238 ends

Resolution No. 2022-XXX – Page 1 of 2
ATTACHMENT 13
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX RATE FOR COMMUNITY FACILITIES DISTRICT 2003-01
(IMPROVEMENT AREA NO. 1) FOR FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2003-01 (Improvement Area No. 1) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and
WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority:

A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services; and D. Repayment of advances and loans, if appropriate.

The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose.

Page 239 ends

Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 13
SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

Page 240 ends

ATTACHMENT 14

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2003-01
IMPROVEMENT AREA NO. 1

ANNUAL STATUS REPORT
JULY 2022

Page 241 ends

Community Facilities District No. 2003-01 (Improvement Area 1) Fiscal Year 2022/23 ATTACHMENT 14
1 BACKGROUND
On February 19, 2003, an election was held and the property owners within the boundary of Community Facilities District No. 2003-01 (Improvement Area No. 1) authorized the District to incur bonded indebtedness in the principal amount of $14,645,000. On March 5, 2003, the City Council adopted Ordinance No. 699 approving the levy of the special tax and on May 21, 2003 approved Resolution No. 03-125 authorizing the issuance of bonds.

The District consists of approximately 229 gross acres, of which 147 acres are designated as Improvement Area No. 1. The District boundary is located in the eastern part of the City generally west of Interstate 15, south of Church, north of Arrow and east of the Southern California Edison easement corridor from Arrow north, to Foothill and Day Creek from Foothill north, to Church. The District is located within the Victoria Planned Community.

Bonds were issued on August 20, 2003, to share in the provision of funds for the purpose of financing the acquisition and construction of the facilities which consist of Day Creek, Victoria Park, Church, Foothill, Base Line and Arbor; storm drain and flood control facilities and water and sewer improvements to be owned and operated by Cucamonga Valley Water District; and a cultural center owned by the City, that includes a performing arts center, public library and banquet hall/meeting room.

On July 3, 2013, the City Council adopted Resolution No. 13-110 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2013, in the principal amount of $14,170,000 were issued on July 30, 2013. This amount represented the outstanding principal balance of the original bonds as of this date.

The rates for the District will increase by 2.0 % in Fiscal Year 2022/23 to meet fiscal obligations for the District.

The special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations.

Each fiscal year, all Taxable Property within Zone 1, Zone 2 and Zone 3 of the District shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment pursuant to the sections below.

Page 242 ends

Community Facilities District No. 2003-01 (Improvement Area 1) Fiscal Year 2022/23 ATTACHMENT 14
2 COMMUNITY FACILITIES DISTRICT NO. 2003-01
IMPROVEMENT AREA NO. 1

ANNUAL SPECIAL TAX
FISCAL YEAR 2022/23

ASSIGNED

SPECIAL TAX
(per acre)
BACKUP

SPECIAL TAX
(per acre) NOTE
ZONE 1

DEVELOPED
PROPERTY $6,337.00 $6,989.78
Both Assigned and Backup
can increase 2% every year
ZONE 1

UNDEVELOPED
PROPERTY $0.00 $6,989.78
Backup can increase 2%
every year
ZONE 2

DEVELOPED
PROPERTY $11,463.85 $58,748.82
Both Assigned and Backup
can increase 2% every year
ZONE 2

UNDEVELOPED
PROPERTY $0.00 $18,671.95
Backup can increase 2%
every year
ZONE 3

DEVELOPED
PROPERTY $10,712.45 $16,626.59
Both Assigned and Backup
can increase 2% every year
ZONE 3

UNDEVELOPED
PROPERTY $0.00 $16,626.59
Backup can increase 2%
every year

Page 243 ends

Community Facilities District No. 2003-01 (Improvement Area 1) Fiscal Year 2022/23 ATTACHMENT 14
3 COMMUNITY FACILITIES DISTRICT NO. 2003-01
IMPROVEMENT AREA NO. 1

PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year
2022/23 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 1,225,350$ Interest Revenue 4,770
Total Proposed Sources 1,230,120
Uses
Debt Service
Principal Repayments 562,550
Interest Expense 570,000
Subtotal - Debt Service 1,132,550
Contract Services 2,000
Assessment Administration 23,910
Admin./General Overhead 550
Total Proposed Uses 1,159,010
Contribution to/(Use of) Fund Balance 71,110$

Page 244 ends

Community Facilities District No. 2003-01 (Improvement Area 1) Fiscal Year 2022/23 ATTACHMENT 14
4

Page 245 ends

Resolution No. 2022-XXX – Page 1 of 2
ATTACHMENT 15
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT 2003-01
(IMPROVEMENT AREA NO. 2) FOR FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2003-01 (Improvement Area No. 2) (hereinafter referred to as the "District"); and
WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and
WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority:

A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services; and D. Repayment of advances and loans, if appropriate.

The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose.

SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in

Page 246 ends

Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 15
cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

Page 247 ends

ATTACHMENT 16

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2003-01
IMPROVEMENT AREA NO. 2

ANNUAL STATUS REPORT
JULY 2022

Page 248 ends

Community Facilities District No. 2003-01 (Improvement Area 2) Fiscal Year 2022/23 ATTACHMENT 16
1 BACKGROUND
On February 19, 2003, an election was held and the property owners within the boundary of Community Facilities District No. 2003-01 (Improvement Area No. 2) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $2,855,000. On March 5, 2003, the City Council adopted Ordinance No. 699 approving the levy of the special tax and on May 21, 2003, approved Resolution No. 03-125 authorizing the issuance of bonds.

The District consists of approximately 229 gross acres, of which 82 acres are designated as Improvement Area No. 2 (Zones 1 and 2). The District boundary is located in the eastern part of the City generally west of Interstate 15, south of Church, north of Arrow and east of Southern California Edison easement corridor from Arrow north, to Foothill and Day Creek from Foothill north, to Church. The District is located within the Victoria Planned Community.

On September 17, 2013, the City Council adopted Resolution No. 13-162 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2013, in the principal amount of $2,784,000 were issued on September 30, 2013. This amount represented the outstanding principal balance of the original bonds as of this date.

The rates for the District will increase by 2.0 % in Fiscal Year 2022/23 to meet fiscal obligations for the District.

The special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations.

Each fiscal year, all Taxable Property within Zone 1 and Zone 2 of the District shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below.

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Community Facilities District No. 2003-01 (Improvement Area 2) Fiscal Year 2022/23 ATTACHMENT 16
2 COMMUNITY FACILITIES DISTRICT NO. 2003-01
IMPROVEMENT AREA NO. 2

ANNUAL SPECIAL TAX
FISCAL YEAR 2022/23

ASSIGNED

SPECIAL TAX
(per acre)
BACKUP

SPECIAL TAX
(per acre) NOTE
ZONE 1

DEVELOPED
PROPERTY $2,546.47 $4,530.69
Both Assigned and
Backup can
increase 2% every
year
ZONE 1

UNDEVELOPED
PROPERTY $0.00 $4,530.69
Backup can
increase 2% every
year
ZONE 2

DEVELOPED
PROPERTY $7,739.26 $13,727.54
Both Assigned and
Backup can
increase 2% every
year
ZONE 2

UNDEVELOPED
PROPERTY $0.00 $13,727.54
Backup can
increase 2% every
year

Page 250 ends

Community Facilities District No. 2003-01 (Improvement Area 2) Fiscal Year 2022/23 ATTACHMENT 16
3 COMMUNITY FACILITIES DISTRICT NO. 2003-01
IMPROVEMENT AREA NO. 2

PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year
2022/23 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 209,170$ Interest Revenue 1,090
Total Proposed Sources 210,260
Uses
Debt Service:

Principal Repayments 115,000
Interest Expense 90,320
Subtotal - Debt Service 205,320
Contract Services 2,500
Assessment Administration 5,960
Admin./General Overhead 210
Total Proposed Uses 213,990
Contribution to/(Use of) Fund Balance (3,730)$

Page 251 ends

Community Facilities District No. 2003-01 (Improvement Area 2) Fiscal Year 2022/23 ATTACHMENT 16
4

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Resolution No. 2022-XXX – Page 1 of 2
ATTACHMENT 17
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT 2004-01 (RANCHO
ETIWANDA ESTATES) FOR FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (hereinafter referred to as the "District"); and
WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and
WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2022/23 for the referenced District is hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report.

SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority:

A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services; and D. Repayment of advances and loans, if appropriate.

The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose.

SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in

Page 253 ends

Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 17
cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

Page 254 ends

ATTACHMENT 18

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2004-01
(RANCHO ETIWANDA ESTATES)

ANNUAL STATUS REPORT
JULY 2022

Page 255 ends

Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Fiscal Year 2022/23 ATTACHMENT 18
1 BACKGROUND
On September 15, 2004, an election was held and the property owners within the boundary of Community Facilities District No. 2004-01 (the “District”) authorized the District to incur bonded indebtedness in the maximum principal amount of $45,000,000.

On October 6, 2004, the City Council adopted Ordinance No. 735 approving the levy of the special tax and on June 7, 2006, approved Resolution No. 06-185 authorizing the issuance of bonds. Bonds were issued on July 13, 2006, to share in the provision of funds for the acquisition and construction of certain public facilities, to serve property located within the District.

The District was authorized to finance the following improvements:
Day Creek Boulevard - grading, storm drain, sewer, water, dry utilities, streets and landscaping,
Etiwanda Avenue - grading, sewer, water, dry utilities, streets, and landscaping; Cucamonga Valley Water District ("CVWD") reservoir transmission main, Storm drain facilities including the northern property line storm drain and the Etiwanda Avenue storm drain,
Park facilities,
Equestrian facilities,
School facilities now owned by the Etiwanda School District and by the Chaffey Joint Union High School District,
Water and sewer facilities now owned by CVWD which were authorized and financed from the proceeds of capacity charges levied by CVWD, Flood control facilities now owned by the San Bernardino County Flood Control District and
Open space owned by the County of San Bernardino.

On January 15, 2014, the City Council adopted Resolution No. 14-005 authorizing the issuance of special tax refunding bonds for this District. The Special Tax Refunding Bonds, Series 2014 in the principal amount of $34,384,000 were issued on February 07, 2014. This amount represented the outstanding principal of the original bonds as of this date.

The annual special tax is based on the square footage of the home for residential properties. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations.

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Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Fiscal Year 2022/23 ATTACHMENT 18
2 COMMUNITY FACILITIES DISTRICT NO. 2004-01
(RANCHO ETIWANDA ESTATES)

TERM OF SPECIAL TAX
The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year 2005/06 provided, however, that special taxes will cease to be levied in an earlier fiscal year if the Community Facilities District Administrator has determined (i) that all required interest and principal payments on the District’s bonds have been paid; and (ii) all authorized facilities have been constructed.

ANNUAL SPECIAL TAX FOR FISCAL YEAR 2022/23
Land Use Category Developed Floor Area
Maximum
Special Tax
Actual
Special Tax
1-Residential Property Greater than 4,000 sq ft $5,555 per unit $4,280 per unit 2-Residential Property 3,801 - 4,000 sq ft $5,325 per unit $4,103 per unit 3-Residential Property 3,601 - 3,800 sq ft $5,151 per unit $3,969 per unit 4-Residential Property 3,401 - 3,600 sq ft $4,896 per unit $3,772 per unit 5-Residential Property Less than 3,400 sq ft $4,410 per unit $3,398 per unit 6-Non-Residential Property NA $14,800 per acre $0.00 per acre

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Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Fiscal Year 2022/23 ATTACHMENT 18
3 COMMUNITY FACILITIES DISTRICT NO. 2004-01
(RANCHO ETIWANDA ESTATES)

PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year
2022/23 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 2,350,660$ Interest Revenue 19,540
Total Proposed Sources 2,370,200
Uses
Debt Service
Principal Repayments 1,285,000
Interest Expense 1,062,750
Subtotal - Debt Service 2,347,750
Contract Services 2,000
Assessment Administration 18,770
Admin./General Overhead 1,490
Total Proposed Uses 2,370,010
Contribution to/(Use of) Fund Balance 190$

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Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Fiscal Year 2022/23 ATTACHMENT 18
4

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Resolution No. 2022-XXX – Page 1 of 2
ATTACHMENT 19
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01
(VINTNER’S GROVE) FOR FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2006-01 (Vintner’s Grove) (hereinafter referred to as the "District"); and
WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15-151 on August 5, 2015, established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting in a reduction in the debt service payable from the special taxes levied within the District; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority:

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Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 19
The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose.

SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

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ATTACHMENT 20

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2006-01
VINTNER’S GROVE

ANNUAL STATUS REPORT
JULY 2022

Page 262 ends

Community Facilities District No. 2006-01
Fiscal Year 2022/23 ATTACHMENT 20
1 BACKGROUND
On October 18, 2006, an election was held and the property owners within the boundary of Community Facilities District No. 2006-01 (Vintner’s Grove) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $5,800,000. On November 1, 2006, the City Council adopted Ordinance No. 769 approving the levy of the special tax and on December 20, 2006 approved Resolution No. 06-401 authorizing the issuance of bonds. The District boundary is located on the south side of Arrow, east of Center, north of 26th and west of Haven.

Bonds were issued on January 25, 2007, to share in the provision of funds for the acquisition of street improvements, landscape improvements within the public right-of- way and water and sewer improvements.

By authorizing this refunding, the City Council provided savings to the property owners for the remaining life of the bond issue, that translated to a 37.85% overall reduction in the annual debt service payment paid by property owners.

This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations.

Each fiscal year, all Taxable Property within the District shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the section below.

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Community Facilities District No. 2006-01
Fiscal Year 2022/23 ATTACHMENT 20
2 COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER’S GROVE)

ANNUAL SPECIAL TAX
FISCAL YEAR 2022/23
Floor Plan Home Size (Sq. Ft.) Number of Units Special Tax Tri-Plex Plan 1 1,335 26 $1,444.32
Tri-Plex Plan 2 1,803 26 $1,664.32
Tri-Plex Plan 3 1,920 26 $1,723.98
SFD Plan 4 2,188 28 $1,932.18
SFD Plan 5 2,627 28 $2,099.98
SFD Plan 6 3,173 22 $2,291.39
COMMUNITY FACILITIES DISTRICT NO. 2006-01

PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year
2022/23 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 288,960$ Interest Revenue 2,160
Total Proposed Sources 291,120
Uses
Debt Service
Principal Repayments 144,000
Interest Expense 114,120
Subtotal - Debt Service 258,120
Contract Services 2,000
Assessment Administration 12,100
Admin./General Overhead 290
Total Proposed Uses 272,510
Contribution to/(Use of) Fund Balance 18,610$

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Community Facilities District No. 2006-01
Fiscal Year 2022/23 ATTACHMENT 20
3

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Resolution No. 2022- XXX – Page 1 of 2
ATTACHMENT 21
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT 2006-02 (AMADOR ON ROUTE 66) FOR FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2006-02 (Amador on Route 66) (hereinafter referred to as the "District"); and
WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15-152 on August 5, 2015, established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting a reduction in the debt service payable from the special taxes levied within the District.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2022/23 for the District is hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report.

SECTION 4: That the proceeds of the special tax are used to pay, in whole or in part, the costs of the following, in the following order of priority:

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Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 21
The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose.

SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund, bond fund, and reserve fund.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

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ATTACHMENT 22

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2006-02
AMADOR ON ROUTE 66

ANNUAL STATUS REPORT
JULY 2022

Page 268 ends

Community Facilities District No. 2006-02
Fiscal Year 2022/23 ATTACHMENT 22
1 BACKGROUND
On October 18, 2006, an election was held and the property owners within the boundary of Community Facilities District No. 2006-02 (Amador on Route 66) (the “District”) authorized the District to incur bonded indebtedness in the principal amount of $2,980,000. On November 1, 2006, the City Council adopted Ordinance No. 770 approving the levy of the special tax and on December 20, 2006, approved Resolution No. 06-402 authorizing the issuance of bonds. The District boundary is located south of Garcia, east of Etiwanda, north of Foothill and west of East.

On July 1, 2015, the City Council adopted Resolution No. 15-115 authorizing the issuance of special tax refunding bonds for this District in conjunction with various other Community Facilities Districts. The Special Tax Refunding Bonds, Series 2015, were refunded with a total principal amount of $18,546,000 and were issued on July 30, 2015.

By authorizing this refunding, the City Council provided savings to the property owners for the remaining life of the bond issue, which translated to a 28.42% overall reduction in the annual debt service payment paid by property owners.

This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations.

Each fiscal year, all Taxable Property within the District shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property or Undeveloped Property and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the section below.

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Community Facilities District No. 2006-02
Fiscal Year 2022/23 ATTACHMENT 22
2 COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66)

ANNUAL SPECIAL TAX
FISCAL YEAR 2022/23
Land Use Class Description Residential Floor Area Residential Floor Area 1 Single Family Detached Property >1,850 Sq. Ft. $ 2,015.67/DU 2 Single Family Detached Property 1,601 - 1,850 Sq. Ft. $ 1,930.49/DU 3 Single Family Detached Property 1,351 - 1,600 Sq. Ft. $ 1,767.29/DU 4 Single Family Detached Property <1,351 $ 1,604.09/DU
5 Non-Residential Property N/A $ 46,345.26/ACRE
COMMUNITY FACILITIES DISTRICT NO. 2006-02

PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year
2022/23 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 183,160$ Interest Revenue 1,440
Total Proposed Sources 184,600
Uses
Debt Service
Principal Repayments 86,000
Interest Expense 67,780
Subtotal - Debt Service 153,780
Contract Services 2,000
Assessment Administration 12,110
Admin./General Overhead 240
Total Proposed Uses 168,130
Contribution to/(Use of) Fund Balance 16,470$

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Community Facilities District No. 2006-02
Fiscal Year 2022/23 ATTACHMENT 22
3

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Resolution No. 2022-XXX – Page 1 of 2
ATTACHMENT 23
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF

SPECIAL TAX FOR NORTH ETIWANDA COMMUNITY FACILITIES
DISTRICT NO. 2017-01 OF THE CITY OF RANCHO CUCAMONGA
FOR FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as North Etiwanda Community Facilities District No. 2017-01 of the City of Rancho Cucamonga (hereinafter referred to as the "District"); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to the maintenance of certain improvements by the District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 2: That the specific rate and amount of the special tax to be collected for Fiscal Year 2022/23 for the District are hereby determined and established as set forth Annual Status Report to this Resolution, which is attached hereto and incorporated herein by reference.

SECTION 4: That the proceeds of the special tax shall be used, in whole or in part, for the following:

A. Payment of costs and expenses of the operation, maintenance, and servicing of authorized services pursuant to the Act;
B. Payment of an amount necessary to fund or replenish an operating or capital reserve for the District; and
C. Payment of a proportionate share of Administrative Expenses as such term is defined in the Amended Rate and Method.

The proceeds of the special tax shall be used as set forth above, and shall not be used for any other purpose.

SECTION 5: Special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of

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Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 23
any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund and reserve fund.

SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of special tax and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report.

SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to the District a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

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ATTACHMENT 24

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2017-01
(NORTH ETIWANDA)

ANNUAL STATUS REPORT
JULY 2022

Page 274 ends

Community Facilities District No. 2017-01 1 Fiscal Year 2022/23 ATTACHMENT 24

BACKGROUND
On May 2, 2018, the City Council approved Resolution No. 18-029, and established North Etiwanda Community Facilities District No. 2017-01, (the “District”). On May 2, 2018, the qualified electors of the District, being the owners of the land within the District, voted to approve the levy of a special tax to pay for certain public services and the administering of such District. On May 16, 2018, the City Council adopted Ordinance No. 928 approving the levy of the special tax.

The District was authorized to finance the maintenance of public trails and trailhead improvements, landscaped areas, parkways, medians and parks and recreation improvements throughout the District and public right-of-ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, signs, monuments, graffiti removal, replacement, repair or rehabilitation of playground equipment, sports fields, parking lots, restrooms, sport field lighting, street lighting and other improvements placed in parks, trails, medians, landscaped areas, or public right- of-ways, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the District. The maintenance and servicing of streetlights, traffic signals and appurtenant facilities, including but not limited to furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition.

On, July 1 of each Fiscal Year, commencing on July 1, 2019, the Maximum Annual Special Tax set forth in the table below shall be increased by a minimum of two percent (2%) to a maximum annual increase of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement.

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Community Facilities District No. 2017-01 2 Fiscal Year 2022/23 ATTACHMENT 24
COMMUNITY FACILITIES DISTRICT NO. 2017-01
(NORTH ETIWANDA)

MAXIMUM SPECIAL TAX
Fiscal Year Percentage Rate Property Description Maximum Annual Special Tax Residential Property $871.77
Undeveloped Property $2,117.76
Residential Property 924.08
Undeveloped Property 2,244.83
Residential Property 979.52
Undeveloped Property 2,379.52
Residential Property 999.11
Undeveloped Property 2,427.11
Residential Property 1,019.09
Undeveloped Property 2,475.652022/23 2.00%

0.00%

6.00%

2.00%
2018/19
2019/20
2020/21
2021/22

ANNUAL SPECIAL TAX
Property Land Use
Residential Property $0.00 Per Single Family Residence
Non-Residential Property 0.00 Per Acre
Undeveloped Property 20.00 Per Acre
Actual Annual Special Tax
Fiscal Year 2022/23

PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year 2022/23 BudgetSources
Taxes:Estimated Assessments, Net of Estimated Delinquencies 3,020$ Total Proposed Sources 3,020 Uses
Assessment Administration 1,200Admin./General Overhead 20Total Proposed Uses 1,220 Contribution to/(Use of) Fund Balance 1,800$

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Community Facilities District No. 2017-01 3 Fiscal Year 2022/23 ATTACHMENT 24

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Resolution No. 2022-XXX – Page 1 of 2
ATTACHMENT 25
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF

SPECIAL TAX FOR THE RESORT AT EMPIRE LAKES COMMUNITY
FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO
CUCAMONGA FOR FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga (hereinafter referred to as the "District"); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to the maintenance of certain improvements by the City, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 2: That the specific rate and amount of special tax to be collected for Fiscal Year 2022/23 for the District are hereby determined and established as set forth Annual Status Report to this Resolution, which is attached hereto and incorporated herein by reference.

SECTION 4: That the proceeds of the special tax shall be used, in whole or in part, for the following:

The proceeds of the special tax shall be used as set forth above, and shall not be used for any other purpose.

SECTION 5: Special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable

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Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 25
administrative costs incurred in collecting any said special tax.

SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund and reserve fund.

SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of special tax and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

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ATTACHMENT 26

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2018-01
(THE RESORT AT EMPIRE LAKES)

ANNUAL STATUS REPORT
JULY 2022

Page 280 ends

Community Facilities District No. 2018-01 1 Fiscal Year 2022/23 ATTACHMENT 26

BACKGROUND
On December 19, 2018, the City Council approved Resolution No. 18-136, and established The Resort at Empire Lakes Community Facilities District No. 2018-01, (the “District”). On December 19, 2018, the qualified electors of the District, being the owners of the land within the District, voted to approve the levy of a special tax to pay for certain public services and the administering of such District.

The District was authorized to finance:
(a) (i) the maintenance of streets, public trails and trailhead improvements, landscaped areas, parkways, medians, and parks and recreation improvements and public right- of-ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, signs, monuments, graffiti removal, replacement, repair or rehabilitation of playground equipment, sports fields, parking lots, restrooms, sport field lighting, street lighting, traffic signals and appurtenant facilities and other improvements placed in parks, trails medians, landscaped areas, or public right-of-ways, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the City, (ii) the equipping, furnishing and maintenance of public safety improvements; (iii) the furnishing of any service authorized under the Act, as may be amended from time to time, (iv) the furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep such improvements in operational and satisfactory condition; and (v) the establishment of a reserve fund for the replacement of any such improvements; and (b) the incidental expenses which will be incurred, including but not limited to: (i) all costs associated with the formation of the District, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District, and (ii) any other expenses incidental to the provision of the Services.

On July 1 of each Fiscal Year, commencing on July 1, 2020, the dollar amount per EBU for Developed Property and the dollar amount per acre of Undeveloped Property shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement.

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Community Facilities District No. 2018-01 2 Fiscal Year 2022/23 ATTACHMENT 26
COMMUNITY FACILITIES DISTRICT NO. 2018-01
(THE RESORT AT EMPIRE LAKES)

LAND-USE EQUIVALENT TO EBUS
Property Land Use
Residential Property 1 EBU Per Residential Dwelling Unit Non-Residential Property Less than 1 Acre 2 EBUs Per Parcel Non-Residential Property More than 1 Acre 2 EBUs Per Acre or portion of thereof Mixed Use Property
Equivalent Benefit Unit Assigment
The EBU assigment of each Assessor's Parcel of Mixed Use Property is equal the total of (i) the Assigned Special Tax that would be Applicable to Such Assessor's Parcel if it was classified only as Residential Property and (ii) the Assigned Special Tax that would be applicable to such Assessor's Parcel if it was classified as Non-Residential Property.

MAXIMUM SPECIAL TAX
Fiscal Year
Percentage
Rate Property Description
Maximum Annual
Special Tax
Residential Property $318.84
Undeveloped Property $5,234.20
Residential Property 337.97
Undeveloped Property 5,548.25
Residential Property 358.25
Undeveloped Property 5,881.15
Residential Property 369.00
Undeveloped Property 6,057.582022/23 3.00%
2019/20 0.00%
2020/21 6.00%
2021/22 6.00%
ACTUAL ANNUAL SPECIAL TAX FOR FISCAL YEAR 2022/23
Property Land Use
Developed Property $369.00 Per EBU
Undeveloped Property $1,592.51 Per Acre
Actual Annual Special Tax

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Community Facilities District No. 2018-01 3 Fiscal Year 2022/23 ATTACHMENT 26
COMMUNITY FACILITIES DISTRICT NO. 2018-01
(THE RESORT AT EMPIRE LAKES)

PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year
2022/23 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 257,650$ Interest Revenue 2,200
Transfers In 99,960
Total Proposed Sources 359,810
Uses
Operation & Maintenance 11,370
Contract Services 19,170
Utilities 6,500
Assessment Administration 4,880
Transfer to Special Districts for Services and Facilites 116,940 Capital Reserves 99,960
Total Proposed Uses 258,820
Contribution to/(Use of) Fund Balance 100,990$

RESERVED FUNDS
Operating Capital TotalReserve Reserve ReserveEstimated Reserve Fund Balance, June 30, 2022 1,963$ 174,138$ 176,102$ Contribution to/(Use of) Reserve - Fiscal Year 2022/23 (1,170) 102,160 100,990Estimated Reserve Fund Balance, June 30, 2023 793$ 276,298$ 277,092$

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Community Facilities District No. 2018-01 4 Fiscal Year 2022/23 ATTACHMENT 26

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Resolution No. 2022-XXX – Page 1 of 2
ATTACHMENT 27
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF
SPECIAL TAX FOR THE COMMUNITY FACILITIES DISTRICT NO.
2022-01 (STREET LIGHING SERVICES) OF THE CITY OF RANCHO CUCAMONGA FOR FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (hereinafter referred to as the "District"); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to the maintenance of certain improvements by the City, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 4: That the proceeds of the special tax shall be used, in whole or in part, for the following:

The proceeds of the special tax shall be used as set forth above, and shall not be used for any other purpose.

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Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 27
SECTION 5: Special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund and reserve fund.

SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of special tax and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

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ATTACHMENT 28

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES)

ANNUAL STATUS REPORT
JULY 2022

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Community Facilities District No. 2022-01 1 Fiscal Year 2022/23 ATTACHMENT 28

BACKGROUND
On June 1, 2022, the City Council approved Resolution No. 2022-061, and established Community Facilities District No. 2022-01 (Street Lighting Services) of Rancho Cucamonga, (the “District”). On June 1, 2022, the qualified electors of the District, being the owners of the land within the District, voted to approve the levy of a special tax to pay for certain public services and the administering of such District. On June 15, 2022, the City Council adopted Ordinance No. 1005 approving the levy of the special tax.

The District was authorized to finance any services which may be funded with proceeds of the special tax of CFD No. 2022-01, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributable to maintaining and servicing street lights, traffic signals and appurtenant facilities throughout CFD No. 2022-01. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method. of a reserve fund for the replacement of any such improvements; and
On July 1 of each Fiscal Year, commencing on July 1, 2022, the Maximum Annual Special Tax set forth in the tables below shall be increased by a minimum of two percent (2%) to a maximum annual increase of six percent (6%), determined on the annual basis as needed to satisfy the Special Tax requirement.

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Community Facilities District No. 2022-01 2 Fiscal Year 2022/23 ATTACHMENT 28
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES)
MAXIMUM SPECIAL TAX FOR FISCAL YEAR 2022/23
Property Land Use Maximum Special Tax Rate
Single Family Residential Property $22.67 per Unit
Multi-Family Residential Property $22.67 per Unit
Non-Residential Property $45.34 per Acre
Undeveloped Property $200.00 per Parcel
Property Land Use Maximum Special Tax Rate
Single Family Residential Property $75.17 per Unit
Multi-Family Residential Property $75.17 per Unit
Undeveloped Property $200.00 per Parcel
Property Land Use Maximum Special Tax Rate
Single Family Residential Property $47.15 per Unit
Multi-Family Residential Property $47.15 per Unit
Non-Residential Property $94.30 per Are
Undeveloped Property $200.00 per Parcel
Property Land Use Maximum Special Tax Rate
Single Family Residential Property $28.96 per Unit
Multi-Family Residential Property $28.96 per Unit
Non-Residential Property $57.92 per Acre
Undeveloped Property $200.00 per Parcel
Tax Zone No. 1 - Arterials
Tax Zone No. 2 - Residential Local Streets
Tax Zone No. 3 - Victoria Planned Community
Tax Zone No. 4 - Terra Vista Planned Community

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Community Facilities District No. 2022-01 3 Fiscal Year 2022/23 ATTACHMENT 28
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES)
MAXIMUM SPECIAL TAX FOR FISCAL YEAR 2022/23 (CONTINUED) Property Land Use Maximum Special Tax Rate
Single Family Residential Property $63.79 per Unit
Undeveloped Property $200.00 per Parcel
Property Land Use Maximum Special Tax Rate
Non-Residential Property $51.40 per Acre
Undeveloped Property $200.00 per Parcel
Property Land Use Maximum Special Tax Rate
Single Family Residential Property $58.64 per Unit
Multi-Family Residential Property $58.64 per Unit
Non-Residential Property $117.28 per Acre
Undeveloped Property $200.00 per Parcel
Property Land Use Maximum Special Tax Rate
Single Family Residential Property $37.79 per Unit
Multi-Family Residential Property $37.79 per Unit
Non-Residential Property $75.58 per Acre
Undeveloped Property $200.00 per Parcel
Tax Zone No. 5 - Caryn Planned Community
Tax Zone No. 6 - Commerical Industrial
Tax Zone No. 7 - North Etiwanda
Tax Zone No. 8 - South Etiwanda

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Community Facilities District No. 2022-01 4 Fiscal Year 2022/23 ATTACHMENT 28
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES)

PROPOSED SOURCES AND USES OF FUNDS
No annual special tax levy for Fiscal Year 2022/23.

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Community Facilities District No. 2022-01 5 Fiscal Year 2022/23 ATTACHMENT 28

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Resolution No. 2022-XXX – Page 1 of 2
ATTACHMENT 29
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF
SPECIAL TAX FOR THE COMMUNITY FACILITIES DISTRICT NO.
2022-01 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA FOR FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga (hereinafter referred to as the "District"); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to the maintenance of certain improvements by the City, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 4: That the proceeds of the special tax shall be used, in whole or in part, for the following:

The proceeds of the special tax shall be used as set forth above, and shall not be used for any other purpose.

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Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 29
administrative costs incurred in collecting any said special tax.

SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund and reserve fund.

SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of special tax and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

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ATTACHMENT 30

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2022-02
(INDUSTRIAL AREA SERVICES)

ANNUAL STATUS REPORT
JULY 2022

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Community Facilities District No. 2022-02 1 Fiscal Year 2022/23 ATTACHMENT 30

BACKGROUND
On June 1, 2022, the City Council approved Resolution No. 2022-062, and established Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, (the “District”). On June 1, 2022, the qualified electors of the District, being the owners of the land within the District, voted to approve the levy of a special tax to pay for certain public services and the administering of such District. On June 15, 2022, the City Council adopted Ordinance No. 1006 approving the levy of the special tax.

The District was authorized to finance any services which may be funded with proceeds of the special tax of CFD No. 2022-02, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributed to maintaining and servicing landscape and tree maintenance, storm drain repair and maintenance, streets and roadway services, police safety calls and service, and creating a capital reserve account for any future industrial repairs and maintenance.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses" as said term is defined in the Rate and Method.

On July 1 of each Fiscal Year, commencing on July 1, 2022, the Maximum Annual Special Tax set forth in the tables below shall be increased by a minimum of two percent (2%) to a maximum annual increase of six percent (6%), determined on the annual basis as needed to satisfy the Special Tax requirement.

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Community Facilities District No. 2022-02 2 Fiscal Year 2022/23 ATTACHMENT 30
COMMUNITY FACILITIES DISTRICT NO. 2022-02

INDUSTRIAL AREA SERVICES
MAXIMUM SPECIAL TAX FOR FISCAL YEAR 2022/23
Property Land Use Maximum Special Tax Rate
Industrial Property $5,852.00 per Acre
Mixed Use Property $12,030 per Acre
Accessory Dwelling Units $731.50 per ADU
Undeveloped Property $200.00 per Parcel
Tax Zone No. 1

PROPOSED SOURCES AND USES OF FUNDS
No annual special tax levy for Fiscal Year 2022/23.

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Community Facilities District No. 2022-02 3 Fiscal Year 2022/23 ATTACHMENT 30

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Resolution No. 2022-XXX – Page 1 of 2
ATTACHMENT 31
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE

TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN
DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2022/23 AND

DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS
WHEREAS, the City Council of the City of Rancho Cucamonga, California, previously undertook proceedings to authorize the levy and imposition of benefit assessments to pay for the annual drainage maintenance, including the removal of sediment and debris from the Day Canyon Channel improvements and basin, pursuant to the terms and provisions of the “Benefit Assessment Act of 1982”, being Chapter

6.4, Division 2, Title 5 of the Government Code of the State of California (commencing with Section 54703), said area of benefit being known and designated as Drainage Area No. 91-2 (the “Drainage Area”); and
WHEREAS, at this time there has been presented to this City Council an annual Supplemental Report (the “Supplemental Report”) to the Final Engineer’s Report for the Drainage Area setting forth a description of the proposed service, cost estimate and assessment schedule for Fiscal Year 2022/23; and
WHEREAS, at this time this City Council desires to determine the cost of providing authorized services to be financed by the levy of a benefit assessment for Fiscal Year 2022/23 and to determine and impose such benefit assessment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES:

SECTION 1: That the above recitals are all true and correct.

SECTION 2: That the Supplemental Report is hereby approved and ordered to be kept on file in the Office of the City Clerk as a permanent record and to remain open for public inspection. Said Supplemental Report generally consists of the following:

A. A description of the service proposed to be financed through revenue derived through the levy and collection of the benefit assessment;
B. A description of each lot or parcel of property proposed to be subject to the benefit assessment; and
C. The amount of the proposed assessment for each parcel.

SECTION 3: That the rate and method of apportionment of the benefit assessment as set forth in the Final Engineer’s Report is hereby adopted and has been utilized as the rate and method of apportionment of the benefit assessment to be levied in Fiscal Year 2022/23.

SECTION 4: That this City Council hereby determines and orders that the benefit assessments described in the Supplemental Report within the Drainage Area are hereby confirmed and levied for Fiscal Year 2022/23.

SECTION 5: That the above confirmed and levied benefit assessment for Fiscal Year 2022/23 shall be collected at the same time and in the same manner as general County property taxes are collected and all laws providing for the collection and enforcement of such County taxes shall be applicable to the collection and enforcement of these benefit assessments.

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Resolution No. 2022-XXX – Page 2 of 2
ATTACHMENT 31
PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

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ATTACHMENT 32

ANNUAL SUPPLEMENT TO THE
FINAL ENGINEER’S REPORT
DRAINAGE AREA NO. 91-2

CITY OF RANCHO CUCAMONGA

CITY COUNCIL
L. Dennis Michael, Mayor
Lynne B. Kennedy, Mayor Pro Tem
Ryan A. Hutchison, Council Member
Kristine D. Scott, Council Member

CITY STAFF
John R. Gillison, City Manager
Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director
Noah Daniels, Finance Director
JULY 2022

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Benefit Assessment District No. 91-2 1 Fiscal Year 2022/23 ATTACHMENT 32

ANNUAL SUPPLEMENT TO
FINAL ENGINEER’S REPORT
DRAINAGE AREA NO. 91-2

CITY OF RANCHO CUCAMONGA

TABLE OF CONTENTS

Engineer’s Report

Exhibit A - Description of Service

Exhibit B - Cost Estimate

Exhibit C - Assessment Schedule
Map

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Benefit Assessment District No. 91-2 2 Fiscal Year 2022/23 ATTACHMENT 32
AGENCY: CITY OF RANCHO CUCAMONGA
PROJECT: DRAINAGE AREA NO. 91-2

TO: CITY COUNCIL

CITY OF RANCHO CUCAMONGA

STATE OF CALIFORNIA

ANNUAL SUPPLEMENT TO FINAL ENGINEER’S REPORT
PURSUANT TO BENEFIT ASSESSMENT ACT OF 1982
This Annual Supplement to the Final Engineer’s Report (the “Annual Supplement”) for City of Rancho Cucamonga Drainage Area No. 91-2 is hereby submitted consisting of the following documents, pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703. This Annual Supplement is applicable for the ensuing 12-month period, being the fiscal year commencing July 1, 2022 to June 30, 2023.

1. DESCRIPTION OF SERVICE (Exhibit “A”): A description of the service proposed to be financed through revenue derived from the levy and collection of the annual benefit assessment.

2. COST ESTIMATE (Exhibit “B”): A listing of all costs and expenses for the next fiscal year, including incidental expenses.

3. BENEFIT ASSESSMENT SCHEDULE (Exhibit “C”): The annual assessment schedule, setting forth the following:

A. Annual Benefit Assessment: The amount of the proposed benefit assessment for each parcel.

B. Description of Parcel: A description of each lot or parcel of property proposed to be subject to the benefit assessment, said parcel being described by the County Assessor’s parcel number.

No benefit assessments shall be imposed or levied upon land owned by a Federal or State governmental agency and/or any other local agency. Any utility property and

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Benefit Assessment District No. 91-2 3 Fiscal Year 2022/23 ATTACHMENT 32
right-of-way shall be subject to assessment only to the extent that it is specifically benefited from the proposed services.

Reference is made to the Final Engineer’s Report as incorporated in Resolution No. 91-331 for a description of the boundaries of the Drainage Area and each parcel therein and for the method of spreading the benefit assessment.

Executed this 20thday of July 2022, at Rancho Cucamonga, California.

DIRECTOR OF ENGINEERING SERVICES/CITY ENGINEER

CITY OF RANCHO CUCAMONGA

STATE OF CALIFORNIA

By:______________________________

Final approval, confirmation and levy of the annual benefit assessment and all matters in the Annual Supplement were made on the 20th day of July 2022, by adoption of Resolution No. ____________ by the City Council.
_______________________________

CITY CLERK

CITY OF RANCHO CUCAMONGA

STATE OF CALIFORNIA
A copy of said Assessment Roll and Annual Supplement was filed in the Office of the City Engineer and the City Clerk on the 20thday of July 2022. ____________________________

CITY CLERK

CITY OF RANCHO CUCAMONGA

STATE OF CALIFORNIA

________________________________________________

DIRECTOR OF ENGINEERING SERVICES/CITY ENGINEER

CITY OF RANCHO CUCAMONGA

STATE OF CALIFORNIA

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Benefit Assessment District No. 91-2 4 Fiscal Year 2022/23 ATTACHMENT 32

EXHIBIT A

DESCRIPTION OF SERVICE

The properties within Drainage Area No. 91-2 (“Drainage Area”) are located within the boundaries of the Day Canyon Drainage Basin area. Protection of the properties within the Drainage Area from overland flows requires the construction of a 27+ acre-foot desilting basin and a 1,460+ linear foot concrete drainage channel. The channel improvements will intercept the overland flows prior to reaching the properties and carry the storm water runoff, sediment, trash, organic material and related debris to a desilting basin.

Each year the sediment, trash, organic material and other related debris that accumulates in the desilting basin and channel must be removed and transported to an approved spoils site. The services proposed to be financed from the revenue derived from the levy and collections of the annual benefit assessment are as follows:

A. Monthly on-site inspections of the desilting basin and channel.

B. Bi-monthly weed abatement program for the desilting basin and channel.

C. Removal of accumulated sediment, trash, organic material and other related debris from the desilting basin and channel to an approved spoils site. This service is expected to be provided annually. During times of excessive rainfall, this service may be required more frequently.

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Benefit Assessment District No. 91-2 5 Fiscal Year 2022/23 ATTACHMENT 32

EXHIBIT B

COST ESTIMATE
FISCAL YEAR 2022/23
A. Cost of Annual Maintenance
Regular Salaries $13,360
Fringe Benefits 6,680
Subtotal 20,040
B. Incidental Expenses
City Administration 1,300
Administration/General Overhead 2,770
Subtotal 4,070
C. Total Annual Costs 24,110
D. Contribution to/(Use of) Fund Balance 3,260
E. Balance to Assessment
Property Taxes, net of estimated delinquencies 26,200
Interest Earnings 730
Delinquencies 440
$27,370

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Benefit Assessment District No. 91-2 6 Fiscal Year 2022/23 ATTACHMENT 32

EXHIBIT C

ASSESSMENT SCHEDULE
WHEREAS, this City Council has previously, pursuant to the terms and provisions of the “Benefit Assessment Act of 1982”, being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703, formed Drainage Area No. 91-2 all in accordance with the provisions of said Act; and,

WHEREAS, the Annual Supplement for Fiscal Year 2022/23 consisting of certain documentation (including the amount of the proposed assessment for each parcel, a description of the parcel and a description of the service proposed to be provided) has now been prepared.

NOW, THEREFORE, the Director of Engineering Services/City Engineer by virtue of the power vested pursuant to said Act and by order of the legislative body, hereby makes and recommends the following benefit assessment to cover the costs and expenses of the service proposed to be financed through the levy of assessments and revenue derived for the Fiscal Year 2022/23. Said costs and expenses are generally as follows:

Personnel Salaries $20,040
Incidental Expenses 4,070
Total Costs 24,110
Contribution to/(Use of) Fund Balance 3,260
Balance to Assesment $27,370
I do hereby assess and apportion the total amount of the costs and expenses upon the several parcels of land within the area of benefit in proportion to the estimated benefits received and hereby further state as follows:

A. The amount of benefit assessment imposed is specifically related to the benefit of the parcel, which will be derived from the provision of the service to be provided.

B. The annual aggregate amount of the total benefit assessment does not exceed the estimated annual cost of providing the service.

C. The revenue derived from the benefit assessment shall not be used to pay for the cost of any service other than the service for which the benefit assessment was levied.

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Benefit Assessment District No. 91-2 7 Fiscal Year 2022/23 ATTACHMENT 32
The assessment parcels herein refer to the County Assessment Roll for a description of the lots or parcels and said assessment roll shall govern for all details concerning the description of the lots or parcels.

The net amount to be assessed upon the lands has been spread and apportioned by formula as set forth in the Final Engineer’s Report in accordance with the benefits received from each parcel and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the maintenance works of improvement.

In the opinion of the undersigned, the benefit assessments have been spread and apportioned in accordance with the benefits to be received from the proposed work and services.

Dated: July 20, 2022

_____________________________________________

DIRECTOR OF ENGINEERING SERVICES/CITY ENGINEER

CITY OF RANCHO CUCAMONGA

STATE OF CALIFORNIA

ASSESSMENT PARCEL
NUMBER

PROPERTY

DESCRIPTION

AMOUNT OF

ASSESSMENT

1087-261-01 to 11
1087-271-01 to 42
1087-281-01 to 58
1087-291-01 to 20
1087-301-01 to 35
1087-311-01 to 38
1087-321-01 to 34
1087-331-01 to 61
1087-341-01 to 58
363 Residential Parcels $26,198
Total $26,198

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Benefit Assessment District No. 91-2 8 Fiscal Year 2022/23 ATTACHMENT 32

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DATE:July 20, 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 Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and Teamsters Local 1932, Including Amending the Salary Schedule for the Fiscal Year 2022-23, and a Resolution Modifying Paying and Reporting the Value of Employer-Paid Member Contributions to CalPERS. (RESOLUTION NO. 2022-110) and (RESOLUTION NO. 2022-111), Respectively. (CITY) RECOMMENDATION:

Staff recommends that the City Council adopt the attached resolution approving a three-year memorandum of understanding between the City of Rancho Cucamonga and Teamsters Local 1932, including amending the salary schedule for the fiscal year 2022-23, and a resolution modifying paying and reporting the value of employer-paid member contribution (EPMC) to CalPERS.

BACKGROUND:

The City Council previously approved a two-year memorandum of understanding (MOU) between the City of Rancho Cucamonga and Teamsters Local 1932 (Teamsters), effective July 1, 2019, to June 30, 2021. In March 2021, the parties met and conferred in good faith and agreed to extend the term of the MOU for one year ending June 30, 2022.

In January 2022, the City and Teamsters began negotiations for the successor MOU. After meeting and conferring in good faith, the City and Teamsters came to a tentative agreement in June 2022. Teamsters voted to approve the negotiated terms on June 30, 2022.

ANALYSIS:

The parties agreed to a three-year memorandum of understanding, and agreed to:
5% cost of living adjustment (COLA) effective the first full pay period in July 2022 and 2% COLA effective the first full pay period in July 2023. In addition, effective October 2023, the City will evaluate the current survey cities and meet and confer on any proposed changes to the survey cities.

The parties also agreed to meet and confer regarding the salary survey in January 2024.

A discussion will focus on any positions that are below market.

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Page 2 ends

1 3
9 0
Represented employees pay the remaining 3% of the employer-paid member contribution (EMPC) effective the first full period in October 2022. With the implementation of this change, all EPMC will be eliminated for this bargaining group; group members will then be paying the full employee share towards their CalPERS pension benefit. $125 per month increase towards medical insurance effective the second full pay period in December 2022
$300 per month cash-in-lieu payment beginning in January 2023 for employees who opt out of medical insurance and meet ACA requirements
Replace annual performance review with a professional development plan and coaching sessions
Addition of Sick leave buyback and early retirement notification incentive; additional 40 hours of Bereavement Leave and Natal and Adoption Leave; addition of constructive receipt language for vacation buyback; direct deposit requirement for new employees. Addition of Class “A” driver’s license stipend
Addition of the City’s ability to recover certain professional development costs upon separation under certain circumstances
Staff recommends the City Council adopt the attached resolution approving the three-year MOU between the City and Teamsters, including amending the salary schedule for the Fiscal Year 2022-23.

In addition, staff recommends the City Council adopt the attached resolution modifying paying and reporting the value of EPMC to CalPERS for both the Teamsters and Rancho Cucamonga City Employee Association (RCCEA). Although EPMC modifications have been incorporated in the respective MOU’s for both groups, they must also be adopted by Resolution in accordance with CalPERS regulations.

Upon approval of this agreement by the City Council, the MOU would be effective from July 1, 2022, to June 30, 2025.

FISCAL IMPACT:

The negotiated MOU has a year one cost of $351,800, with an additional $511,690 in year two, and at least $517,690 in year three. The fiscal impact for year three may change based on the agreement to meet and confer in January 2024 regarding any positions that are below market.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addresses the Council’s core value of working together cooperatively and respectfully with each other, staff, and all stakeholders, and intentionally embracing and anticipating the future by taking actions to further attract and retain an exceptional workforce.

ATTACHMENTS:

Attachment 1 – Resolution Adopting Memorandum of Understanding and Salary Schedule Attachment 2 – Memorandum of Understanding
Attachment 3 – Teamsters Local 1932 Salary Schedule
Attachment 4 – Resolution Modifying Paying and Reporting EPMC

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RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, APPROVING A

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF RANCHO CUCAMONGA AND TEAMSTERS LOCAL 1932,

INCLUDING AMENDING THE SALARY SCHEDULE FOR THE
FISCAL YEAR 2022-23.

WHEREAS, representatives of the City of Rancho Cucamonga (City) and the Teamsters Local 1932 have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and
WHEREAS, representatives of the City and Teamsters Local 1932 have agreed upon and presented to this City Council a three-year Memorandum of Understanding effective July 1, 2022, to June 30, 2025; 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, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that said Memorandum of understanding with the Teamsters Local 1932 is hereby approved and the City Manager is hereby authorized to sign said Memorandum of Understanding on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto; and
THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California to approve the attached salary schedules for Teamsters Local 1932 bargaining unit, effective July 4, 2022.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

ATTACHMENT 1 - Resolution No. 2022-

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1 MEMORANDUM OF UNDERSTANDING

CITY OF RANCHO CUCAMONGA
AND
TEAMSTERS LOCAL 1932
2022 - 2025
ATTACHMENT 2

Page 313 ends

2 MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA
AND TEAMSTERS LOCAL 1932 (Teamsters)
SECTION 1: RECOGNITION
The City of Rancho Cucamonga recognizes the Teamsters Local 1932 (Teamsters) as the recognized employee organization for City employees in the Maintenance Bargaining Unit, comprised of the following classifications:

Maintenance Worker Senior Maintenance Worker
Lead Maintenance Worker Lead Mechanic
Mechanic Electrician
Equipment Operator Signal and Lighting Technician
Signal and Lighting Coordinator Inventory Specialist
Maintenance Coordinator
SECTION 2: COST OF LIVING ADJUSTMENT
Effective the first full pay period in July 2022, all Teamsters covered employees will receive a 5% Cost of Living Adjustment (COLA).

Effective the first full pay period in July 2023, all Teamsters covered employees will receive a 2% Cost of Living Adjustment (COLA).

Effective January 2024, the City will meet and confer with Teamsters Local 1932 regarding the salary survey as described in Section 4. The discussion will focus on any positions that are below market.

SECTION 3: SALARY STRUCTURE
As of the effective date of the MOU, all employees will be assigned to salary ranges which are no less than 20% (40 salary code steps) below the control point and no more than 10% (20 salary code steps) above the control point. Actual salary within the range is determined by performance, achievement of goals and objectives, or for recent appointments, growth within the position.

SECTION 4: SALARY SURVEY
The City shall conduct a salary survey of labor market cities approximately six months before the start of new labor negotiations for the next MOU.

Effective October 2023, the City will evaluate the current survey cities and meet and confer on any proposed changes to the survey cities.

Subsequently, the City will conduct a compensation survey of all covered classifications using the City’s current survey methodology (salary and salary plus medical and EPMC). Positions with four or less comparable positions shall be benchmarked to another Teamsters position.

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3 SECTION 5: PROFESSIONAL DEVELOPMENT PLAN
The annual performance review shall be replaced with a professional development plan and at least two (2) ongoing coaching check-ins a year. The City will form a committee of all bargaining groups who have agreed to change from an annual performance evaluation to an annual professional development plan effective July 1, 2022. The committee will review the form(s) and processes not defined here for employees and their supervisors to develop the annual plan.

Training, as well as handouts, will be provided to employees and supervisors to assist with the professional development plan and yearly coaching conversations. The City will review the form(s) and process with this committee at least every three years to assure their usefulness for employees and supervisors.

Teamsters Local 1932 covered employees on or starting a probationary period would be eligible to receive up to 5% through the term of their probationary period per the Personnel Rules, and would then be eligible for the merit increase in the next development plan cycle as long as the probationary period was completed before the end of November (ex. An employee whose probationary period ended in March through November would be eligible for the upcoming February increase. An employee whose probationary period ended December to February would have to wait for the following February for another increase.) Each November, employees and their supervisors will work together to develop the Professional Development Plan which must be completed by the employee and supervisor by the end of the second full week in December of every year.

Plan Timeline:
First and second week of November – employees fill out their “My Action Plan.” Third and Fourth week of November -employees and supervisors work together on the Plan, and supervisors review the plans with their managers or who their department determines.
Remainder of November through second week of December – Supervisors finalize the Plan taking into account any input which their supervisors provided and go over the Plan with the employee before submittal.

Upon submission of the completed Plan in December (as outlined in the timeline above), employees not at top step are eligible for a merit increase of 5% but no greater than top step. The change will be reflected in the first full pay period the following February. There is no retroactivity for plans where the employee portion is not timely submitted. If, due to unforeseen circumstances where the employee is unable to timely submit the employee portion, the City agrees to provide additional time and/or resources as is necessary. Employees on a performance improvement plan as of December will not be eligible for a merit increase. All performance improvement plans will be reviewed in November. The current performance evaluation system will end June 30, 2022, with any increase from then on being part of this new once a year system.

If any employees below top step have overdue evaluations as of June 30, 2022, they will automatically receive a 5% merit increase for any outstanding evaluation backdated to when the evaluation was due. These automatic merit increases cannot exceed top step of the employee’s salary ranges.

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4 SECTION 6: LIFE INSURANCE
The City provides $30,000 base coverage of life insurance for all employees. Employees who want to purchase additional life insurance coverage with personal funds may do so at the City’s group rate.

SECTION 7: HEALTH INSURANCE
A. Health Insurance Contribution
Effective the first full pay period in July 2020, the City shall provide employee and family insurance for all existing full-time continuous salaried employees within the bargaining group, subject to limitation that no such monthly funding by the City shall exceed $1,175 per month.

Effective the second full pay period in December 2022, the City contribution shall increase to $1,300 per month.

B Cash In-Lieu Payment
Beginning in 2023 represented employees may waive coverage under a City-paid medical insurance plan and receive a $300 per month cash-in-lieu payment if they meet ACA requirements.

To be eligible, an employee must provide the following:
(1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt-out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt- out arrangement applies (“opt-out period”); and
(2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt-out period. An employee must sign an attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt-out payment cannot be made, and the City will not, in fact, make payment if the employer knows that the employee or tax family member does not have such alternative coverage, or if conditions in this paragraph are not otherwise satisfied.

C Affordable Care Act Reopener
The Teamsters or City may reopen negotiations on the issue of health insurance benefits to address changes to or the elimination of the ACA and in order to avoid penalties or taxes under the ACA or other statutory scheme that may result from an interpretation of the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction. These negotiations will not result in a reduction or increase in the amount the City provides for employee health coverage.

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5 SECTION 8: RETIREE MEDICAL
Subject to the conditions stated below, effective upon a service or disability retirement from City service at or beyond age 55 with 10 consecutive years of City service at the time of retirement, retirees shall be eligible to 100% personally fund, without any City contribution, participation in a group health insurance program(s) which is making group health insurance available to the City’s retirees.

It is agreed and acknowledged by the parties to this MOU that no representation is or can be made by the City, that such group retiree health insurance is available, or if available, will remain available for any specific future period of time.

If no such group health insurance is reasonably available, or if the private carrier(s) terminates such coverage as to the retiree group or any individual group member, the City shall have no obligation/duty to self-fund or otherwise provide insurance or replacement insurance.

All premiums for the retiree and/or eligible dependents shall be borne by the retiree. The City shall advance and submit the necessary premiums to the carrier(s), subject to the retiree reimbursing the City not later than 30 calendar days after City payment of the premium. Failure to timely reimburse the City shall result in no further premium payments being made by the City, resulting in termination of insurance coverage.

The City’s duty to advance said premiums shall terminate at age 65 of the retiree, regardless of whether or not the retiree is eligible for Medicare. City shall advise the group carrier of the insured’s status as a retiree. Coverage eligibility shall then be solely determined by the group insurance carrier(s).

It is likely that premium rates for retirees and/or dependents shall be greater than rates for employees. Regardless, retirees shall pay 100% of said rates.

If at any time, it is determined by any group health insurance carrier that the City is prohibited from seeking premium reimbursement from a retiree, City affiliation and retiree enrollment in said group insurance plan shall immediately terminate upon rendering of the insurance carrier’s decision. In such case, no retiree shall seek reimbursement from the City for any prior premiums paid by the retiree to the City as and for premium reimbursement.

SECTION 9: RETIREMENT BENEFIT
Unit members who do not meet the definition of “new member” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (those unit members shall be referred to as “classic members”) are enrolled in either the CalPERS retirement plan commonly referred to as the 2.5% at age 55 retirement plan (“Tier 1” and “Tier 2”), or in the 2% at age 55 retirement plan (“Tier 3”) and shall be provided the benefits as described below:

A. Tier 1 – Employees Hired before September 1, 2010
§21354.4 2.5% at 55 Full Formula
§21574 4 th Level 1959 Survivor
§20042 1 Yr Final Compensation

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6 1. Effective July 4, 2011, the City pays the normal eight percent (8%) CalPERS member contribution per resolution 11-063.

2. Effective July 11, 2016, employees shall pay five percent (5%) of their PERSable compensation towards the CalPERS employer contribution per Resolution 15- 090.

3. Effective the first full pay period beginning in June 2019, or the first full pay period after ratification whichever is later, the City will pay three percent (3%) of the CalPERS member contribution and employees shall continue to pay five percent (5%) of their PERSable compensation, however; the employee will pay the five percent (5%) of their PERSable compensation toward the CalPERS member contribution. The City will adopt a resolution to reflect this change prior to the effective date.

4. Effective October 2022, employees shall pay the full eight percent (8%) of their PERSable compensation toward the CalPERS member contribution. The City will adopt a resolution to reflect this change prior to the effective date.

B. Tier 2 – Employees Hired Between September 1, 2010, and July 3, 2011 §21354.4 2.5% at 55 Full Formula
§21574 4 th Level 1959 Survivor
§20042 1 Yr Final Compensation

1. Effective July 4, 2011, the City pays seven percent (7%) of the normal CalPERS member contribution; employee pays one percentage point (1%) of the Cal PERS member contribution per Resolution 11-063.

2. Effective July 11, 2016, employees shall pay four percent (4%) of their PERSable compensation towards the CalPERS employer contribution and one percent (1%) of their PERSable compensation towards the CalPERS member contribution per Resolution 15-090.

3. Effective the first full pay period beginning in June 2019, or the first full pay period after ratification whichever is later, the City will pay three percent (3%) of the CalPERS member contribution and employees shall move their four percent (4%) PERSable compensation currently paid toward the CalPERS employer contribution to the CalPERS member contribution for a total of five percent (5%) of their PERSable compensation toward the CalPERS member contribution. The City will adopt a resolution to reflect this change prior to the effective date.

C. Tier 3 – Employees Hired on or after July 4, 2011

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7 §21354 2% @ 55 Full Formula
§21574 4 th Level 1959 Survivor
§20037 3 Yr Final Compensation

1. Effective July 4, 2011, the City pays six percent (6%) of the normal CalPERS member contribution; employee pays one percentage point (1%) of the CalPERS member contribution per Resolution 11-063.

2. Effective July 11, 2016, employees shall pay four percent (4%) of their PERSable compensation towards the CalPERS employer contribution for a total of one percent (1%) of their PERSable compensation towards the CalPERS member contribution and four percent (4%) of the CalPERS employer contribution per Resolution 15-090.

3. Effective the first full pay period beginning June 2019, or the first full pay period after ratification whichever is later, the City will pay two percent (2%) of the CalPERS member contribution and employees shall move their four percent (4%) PERSable compensation currently paid toward the CalPERS employer contribution to the CalPERS member contribution for a total of five percent (5%) of their PERSable compensation toward the CalPERS member contribution. The City will adopt a resolution to reflect this change prior to the effective date.

4. Effective October 2022, employees shall pay the full seven percent (7%) of their PERSable compensation toward the CalPERS member contribution. The City will adopt a resolution to reflect this change prior to the effective date.

D. It is understood that all contributions paid by the employee as described in Parts A through C above shall be calculated based upon the full base salary of the employee, plus any additional PERSable compensation, and any Employer Paid Member Contributions (EPMC).

E. The City pays EPMC for the various “Tiers” as outlined above and reports the value of EPMC payments as special compensation. The parties agree that to the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1)(F) as Value of Employer-Paid Member Contributions. The parties also agree that the City has no additional obligation or costs should CalPERS, the State or the IRS determine otherwise.

The City adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. All employee payments of the employer share are done pursuant to Government Code Section 20516(f).

F. There shall be no sunset date to any provision in Section 35.

G. The California Public Employees’ Pension Reform Act of 2013 (PEPRA) – As it may from time to time exist, the PEPRA shall in its entirety be given full force and effect. Any provision in this MOU which contradicts any provision of the PEPRA shall be deemed null and void, with the contrary PEPRA provision(s) being given full force and effect.

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8 Therefore, no provision of PEPRA shall be deemed to impair any provision of this MOU.

PEPRA includes, but is not limited to, the provisions described below:

Unit members hired on and after January 1, 2013, deemed to be a “new member” as defined in Government Code §7522.04, shall individually pay an initial Member CalPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said “new member” is enrolled, rounded to the nearest quarter of 1% or the current contribution rate of similarly situated employees, whichever is greater.

Unit members who are “new members” and miscellaneous employees on and after January 1, 2013, shall be enrolled in the 2% @62 retirement formula (Govt. Code §7522.20).

Unit members who are “new members” on and after January 1, 2013, shall have “final compensation” measured by the highest average annual “pensionable compensation” earned by the member during a period of at least 36 consecutive months (Section 7522.32), and their retirement benefits shall be calculated based on “pensionable compensation” (Section 7522.10) rather than “compensation earnable” (Section 20636).

H. In addition, the City has adopted the PARS Retirement Enhancement Plan generally described as .5% (one-half percent) at 55 or at 60, depending upon the employee’s hire date, for all miscellaneous employees hired on or prior to December 31, 2012. To be eligible, employees must be at least age 56, have ten (10) years of full-time continuous service and retire from the City. This benefit will be paid to qualified retirees in addition to any CalPERS benefits to which they are entitled.

I. Employer Paid Member Contribution (EPMC)

1. The effective date of this benefit shall be July 4, 2011 and shall apply to all miscellaneous employees.

This benefit shall consist of paying 8% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired prior to September 1, 2010.

This benefit shall consist of paying 7% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable (excluding Government Code Section 2063(c)(4)) as additional compensation for employees hired on or after September 1, 2010.

This benefit shall consist of paying 6% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired on or after July 4, 2011.

Payment of EPMC and reporting the value of EPMC on compensation earnable is on pay rate and special compensation except special compensation delineated in Government Code Section 20636(c)(4)) which is the monetary value of EPMC on compensation earnable.

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9 2. Effective the first full pay period in June 2019:

This benefit shall consist of paying 3% of the normal contributions as EPMC and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired prior to September 1, 2010.

This benefit shall consist of paying 2% of the normal contributions as EPMC and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired on or after July 4, 2011.

3.Effective October 2022:

This benefit shall consist of paying zero percent (0%) of the normal contributions, eliminating EPMC for all tiers within this bargaining unit.

SECTION 10: VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION (VEBA) The City has established a Voluntary Employee Benefit Association (VEBA) through the California Government Voluntary Employee Benefit Association to assist employee with planning for future health care expenses. Employees are allowed a one-time election to opt into the plan.

Represented employees shall be eligible to participate in the plan according to a schedule negotiated separately from this agreement.

Contributions to the Plan shall be made as City contributions through a salary reduction arrangement. All contributions made on behalf of employees through such salary reduction arrangement are made on a pre-tax basis in accordance with IRS provision. No employer contributions are to be made to the plan. At the discretion of the applicable bargaining unit, contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the plan document.

SECTION 11: DEFERRED COMPENSATION
The City will match dollar for dollar up to $50 per month and 1% of base salary in deferred compensation for any Teamsters covered employee who pays up to $50 and 1% of base salary into deferred compensation through payroll deductions. For example: if an employee with a monthly salary of $4,000 puts $90 per month of the pay they earned into deferred compensation, then the City will match the amount, up to the $90 maximum, and pay $90 towards that employee’s deferred compensation.

Effective the first full pay period in July 2022, Deferred Compensation participation for new bargaining unit members shall be automatic with an opt-out option.

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10 SECTION 12: DENTAL INSURANCE
The City shall provide a dental insurance plan for all full-time continuous salaried employees within the bargaining unit.

SECTION 13: OPTICAL INSURANCE
The City shall provide an optical insurance plan for all full-time continuous salaried employees within the bargaining unit. The City agrees to average the cost of optical insurance for all full-time continuous salaried employees within the bargaining unit.

SECTION 14: PREMIUM ONLY PLAN UNDER SECTION 125
A. The City has implemented a Section 125 (premium only plan) that allows pre-tax payroll deductions for employee’s contributions for health benefits.

B. The City agrees to provide technical assistance (such as automatic payroll deduction, etc.) in the event employees within the bargaining unit decide to expand this benefit from a “premium only plan” to a “flexible spending account” provided that those participating pay all costs incurred in expanding and maintaining this program.

SECTION 15: BEREAVEMENT LEAVE
When a death occurs in the family of a full-time employee, the employee shall be granted up to 80 hours of bereavement leave with pay. A death certificate or other acceptable evidence may be required by the City Manager or designee before leave is allowed. Family members are defined as follows: employee’s spouse or domestic partner, employee’s parents, employee’s grandparents, employee’s children, employee’s siblings, employee’s grandchildren, employee’s great-grandparents, employee’s spouse or domestic partner’s parents, employee’s spouse or domestic partner’s grandparents, brother-in-law, sister-in-law, employee’s spouse or domestic partner’s children, employee’s spouse’s grandchildren, employees spouse or domestic partner’s great-grandchildren, employee’s spouse or domestic partner’s great-grandparents, or a blood relative residing with employee. The City Manager or designee shall approve such bereavement leave. (References to domestic partner refer to registered domestic partners, as defined by California Family Code Section 297.)
Effective the first full pay period in July 2022, employees are eligible for an additional 40 hours of bereavement leave in addition to the currently provided 80 hours when the bereavement leave is related to the employee’s spouse or domestic partner, employee’s parents, employee’s children, son-in-law, daughter-in-law, or employee’s siblings, employee’s spouse or domestic partner’s parents, employee’s spouse or domestic partner’s children, or a blood relative residing with the employee. The parties agree to review any usage concerns in January of 2023.

SECTION 16: PERSONAL LEAVE
Employees within the bargaining unit can use up to 40 hours of accrued sick leave, vacation, administrative leave or holiday time as personal leave. These 40 hours can be used incrementally (i.e., 1 hour, ½ hour) throughout the fiscal year. Use of this time is for situations requiring the employee’s attention and addressing work-life balance issues. Personal Leave needs to be cleared with their supervisor when using this time. Personal leave can be taken after six months service.

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11 SECTION 17: VACATION
All full-time employees within the bargaining unit shall, with continuous service, accrue working hours of vacation monthly according to the following schedule. Vacation can be taken after six months service.

Length of Hours Accrued Annual Hours
Service Per Pay Period Accrued
In Years
1 3.077 80
2 3.461 90
3 3.846 100
4 4.230 110
5 4.615 120
6-8 5.000 130
9 5.384 140
10 5.769 150
11-13 6.153 160
14 6.538 170
15+ 6.923 180
SECTION 18: VACATION CAP
Employees will be cashed out of vacation balances in excess of 1040 hours as follows:

A. In the first year of the MOU, as this new cap is implemented, existing employees who at the end of the calendar year have vacation hours accrued that exceed 1040 hours will make an irrevocable decision before the end of the 2019 calendar year as to whether they want the overage distributed via cash or deferred compensation, or if they will maintain their current accrued vacation hours in excess of 1040 in a separate one-time bank, which will be treated as any other vacation. If the employee selects payment or distribution, the payment or distribution will occur in April of 2020.

B. Beginning in 2020, any hours accrued over 1040 hours as of the end of each calendar year will be cashed out via check or deferred compensation. Employees will make an irrevocable decision by the end of the calendar year as to the cash-out method, and the payment or distribution will occur in April of the following calendar year.

SECTION 19: VACATION BUYBACK
Annually, any employee that wants to have the City buyback vacation hours shall make an irrevocable election to do so. The irrevocable election shall be submitted in writing to the City’s Human Resources Department on or before December 15 and shall indicate the number of hours of vacation that the employee expects to earn in the following calendar year that the employee wants the City to buy back, with a minimum buyback of 20 hours up to a maximum of 160 hours.

This buyback shall occur twice annually, in June/July (between the last payday in June and the first payday in July) and December (between the first and second payday of the month), and the employee must indicate the total amount of hours they want paid out in June /July and in December. Regardless of the number of hours requested to be cashed out at either time, the most the City can cash out is the number of hours accrued and available in that calendar year to

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12 date. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buyback time.

SECTION 20: SICK LEAVE
All full-time employees shall, with continuous service, accrue 120 hours of sick leave annually.

Sick leave accrual (10 hours/month), begins on the first day of employment and can be taken after ninety (90) days of service.

A. Personal Sick Leave
Employees can use sick leave for personal illness, injury, a health-related reason (such as the diagnosis, care of treatment of a health condition), or preventive care.

B. Family Sick Leave
Employees can use sick leave for the illness or injury of a health-related reason (such as a diagnosis, care or treatment of a health condition), or preventive care of a qualified family member.

For the purpose of Family Sick Leave, a qualified member means the employee’s child (includes any age or dependency status, or for whom the employee is a legal ward or stands in loco parentis), parent (includes person who stood in loco parentis of the employee as a child, parent-in-law, spouse, registered domestic partner, grandparent, grandparent-in-law, great-grandparent, great-grandparent-in-law, grandchild, great- grandchild, or sibling.

C. Other Statutory Use
Sick Leave can be used to cover an absence for an employee who is victim of domestic violence, sexual assault or stalking to:
(a) Obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or their child(ren). (b) Obtain medical attention or psychological counseling; services form a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.

SECTION 21: SICK LEAVE BUYBACK AND EARLY RETIREMENT INCENTIVE* Effective the first full pay period in July 2022, if employees within the bargaining unit terminate their city employment after 5 years of continuous service, the City will buy back 130 hours of sick time if they provide at least two weeks’ written notice of their intent to separate.

If employees provide an early notification of their intention to retire from the City, the City will pay employees for additional non-cumulative accrued sick leave hours in accordance with the schedule below. Notifications must be given in writing to Human Resources in the form of an irrevocable letter of resignation with intent to retire.

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13 Notification of at least six months (180 calendar days*) – 75 hours additional sick leave buyback.
Notification of at least four months (120 calendar days*) – 50 hours additional sick leave buyback.
Notification of at least two months (60 calendar days*) – 20 hours additional sick leave buyback.
*Employees must have leave available in order to be eligible for the additional buyback. Use of vacation and management leave during the time between the notification and the employee’s retirement date will not be counted toward the required notification periods in the schedule above.

SECTION 22: HOLIDAYS
The City Offices shall observe the following fourteen (14) holidays. All full-time continuous salaried employees shall be compensated at their regular rate for these days. (1) July 4 Independence Day
(2) First Monday of September Labor Day
(3) November 11 Veteran’s Day
(4) Fourth Thursday of November Thanksgiving Day
(5) Day Following Thanksgiving Floater
(6) December 24 Day preceding Christmas (Floater)
(7) December 25 Christmas Day
(8) January 1 New Year’s Day
(9) Third Monday of January Martin Luther King’s Birthday (10) Third Monday of February President’s Day
(11) Last Monday of May Memorial Day
(12 – 14) Three discretionary days may be taken by employee at his/her convenience after six months service subject to approval of the department head. Days may not be carried over from one fiscal year to the next. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. When a holiday combination occurs (Thanksgiving, Christmas, etc.) where two consecutive days are holidays and it would result in the City Hall being open to serve the public only 2 days during the week, only one of the holidays will be observed and the other holiday will become a floating holiday. For example, for Thanksgiving, Thursday will be observed as the regular holiday; however, Friday will become a floating holiday to be used at a later date.

For Christmas, Wednesday will be observed as the regular holiday; however, Tuesday (the day preceding Christmas) will become a floating holiday to be used at a later date. In the instance of Thanksgiving, Christmas, or New Year’s, employees will have until June 30 to use those floating holidays accrued between Thanksgiving and New Year’s. Also, those days will not accrue as floating holidays until the actual holiday has occurred. Each year the City will designate which days will be observed and which are floating holidays. Employees within the bargaining unit who are eligible to bank a holiday have until June 30 (end of fiscal year) to use the banked holiday earned from July 1 through April 30. Any holiday banked in May and June, employees have until September 30 to use the banked holiday.

SECTION 23: HOLIDAY TIME
The City agrees that employees within the bargaining unit who are assigned to work on a holiday, whether or not their regular shift assignment requires they work that day, are eligible for pay at

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14 time and one-half for working that day. This time and one-half may be taken as compensation or put in a compensatory time off bank, (in effect, compensating at double time and one-half). That rate of compensation is tallied as follows: the ten (10) hours compensation for the holiday, plus compensation at time and one-half for the hours actually worked. This payment at time and one- half abrogates the employee’s right to that holiday.

SECTION 24: PREMIUM HOLIDAY COMPENSATION
Bargaining unit employees required as part of the regular work assignment to work on Christmas Day, New Year’s Day, Independence Day or Thanksgiving Day, are allowed to observe the holiday on another day. Additionally, these employees who work on the aforementioned designated holidays may select to receive compensation on that holiday at time and one-half for the ten-hour shift or take a second holiday as time off at a later date.

SECTION 25: HOLIDAY FACILITY CLOSURE
During the term of this MOU, there will be Holiday Facility closures, and certain City facilities may close in conjunction with the Christmas and New Year’s holidays. Closure dates for City facilities shall be determined by the City in order to balance the impact on public services. The City will strive to provide a schedule on Holiday Facility closures at least six months or more in advance of the closure.

During a holiday closure, affected represented employees may take paid leave from holiday, compensatory time, vacation accruals, or use unpaid leave. When holiday closures are implemented by the City, Section 20’s provision regarding consecutive holidays shall not apply.

SECTION 26: NATAL AND ADOPTION LEAVE WITHOUT PAY
A. With Pay
Employees within the bargaining unit are granted up to 80 hours of natal and adoption leave with pay for the birth or adoption of a child, however, use of the 80 paid hours does not extend any time charged under FMLA or CFRA. Any paid time required beyond this initial 80 hours must be charged to sick leave, vacation, compensatory or floating holiday time.

Effective the first full pay period in July 2022, employees are eligible for an additional 40 hours of paid Natal and Adoption leave for a total of 120 hours. This is part of and does not add to leave time allowed by Federal or State leaves.

B. Without Pay
The City shall provide employees within the bargaining unit up to four months natal and adoption leave for the birth or adoption of a child including the paid leave as outlined above; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act (“PDA”; California Government Code Section12945), if applicable. The City’s PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence.

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15 SECTION 27: WORKERS COMPENSATION LEAVE
Any employee within the bargaining unit covered herein who is receiving disability payments under the “Workers Compensation Act of California” for on-the-job injuries sustained while engaged in the performance of duties of any such City position, shall receive from the City during the first three months of such disability absence, payments in an amount equal to the difference between the disability payments received under Workers Compensation Act and employee’s full salary. Such payments by the City should be made without any deduction from accrued sick leave benefits. The City’s obligation for such payments shall commence on the first (1 st) day of such disability absence. In the event the employee’s disability absence should exceed three months, an employee shall be allowed to supplement the Workers Compensation benefit received under State law with available accrued sick leave, accrued vacation leave or accrued compensatory time. The total number of leave hours, along with the Workers Compensation benefit, shall not exceed the employee’s base pay for each day of the leave. For this purpose, accrued leave hours can only be used in one-hour increments.

SECTION 28: MILITARY LEAVE
Employees within the bargaining unit required to serve military leave will be compensated pursuant to the Military and Veterans Code. Finance may require military pay information in order to calculate a qualified employee’s pay.

SECTION 29: MILITARY SERVICE BUY BACK
Employees within the bargaining unit have the option for military service buyback at the employee’s expense.

SECTION 30: OVERTIME
A. Maintenance Bargaining Unit
The City agrees that employees within the bargaining unit who are, due to health and safety reasons, sent home to rest and to be available to work additional hours as a result of a storm or impending emergency situation and are not subsequently recalled to work, will be compensated for the hours not worked in that shift, due to them having been sent home, to bring the total hours to 10 worked in that shift.

Employees within the bargaining unit who are subsequently recalled to work the storm or emergency situation will work no more than 12 consecutive hours, due to health and safety reasons. Any hours worked in excess of 10 in that 12-hour shift will be paid at time and one-half, regardless of the total number of compensated hours for that week.

Employees within the bargaining unit, who have already worked forty (40) hours in a work week, may request time off in order to avoid payment of overtime. It is at the discretion of the supervisor to approve that request.

B. Overtime Calculation
For the purpose of overtime calculations, Vacation Leave, Holiday leave, and Comp Time shall be considered hours worked. Overtime is compensated at 1.5 times the employee’s

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16 Fair Labor Standards Act (FLSA) regular rate of pay. Only hours worked as defined here shall be considered for the purpose of calculating the FLSA overtime pay.

SECTION 31: COMPENSATORY TIME
Employees may choose to earn compensatory time (comp time or CTO) in lieu of payment for overtime, if approved by a supervisor, in accordance with the following provisions:

1. HHW/Used Oil Program Comp Time:

A. Employees can request and be approved for comp time for work at the HHWF facility if they code their timecard to the appropriate HHWF account number (see Finance for directions). Comp time earned for working at the HHWF must be exhausted first as the employee uses comp time. Use of this HHWF comp time must also be properly coded on the employee’s time card (see Finance for directions). The maximum amount of comp time that an employee may accrue pursuant to this section is 80 hours.

Employees will be paid out by the last pay period in June for all HHWF comp time unused as of June 1 of each year; they will be paid out by the last pay period in December for all HHWF comp time unused as of December 1. No comp time pursuant to this section may be accrued in December of any calendar year.

B. Employees working at the HHW and being paid out of the Used Oil Recycling Program overtime account can only receive overtime payments for that work.

2. All other Comp Time:

An employee that works overtime between January 1 – November 30 of each calendar year may decide to accrue compensatory time off (CTO) at 1.5 times the number of overtime hours worked instead of receiving immediate payment for overtime worked. The maximum CTO that an employee may accrue is 150 hours. Once an employee reaches that accrual cap, all additional overtime worked in that calendar year shall be paid.

Employees may use CTO as time off during the calendar year, subject to supervisor approval. Supervisors shall not unreasonably withhold approval for use of accrued CTO, and the need to replace the employee using CTO with another employee on overtime shall not be the basis for denying a requested use of CTO. Any CTO that is earned between January 1-November 30 of a calendar year that is not used as time off before November 30, minus any comp time the employee plans to use during the holiday closure dates in that same year, shall be cashed out with the last paycheck distributed in the calendar year.

Overtime worked during December of a calendar year shall not be eligible for CTO.

SECTION 32: ON-CALL PAY
On-call assignments and requirements for employees assigned to being on call will be determined by the Department Head or designee(s). Employees within the bargaining unit required to be on- call shall be compensated at the rate of $275.00 per week. On-Call employees who field calls, dispatch other employees, or do other work directly related to being on call should report hours worked to the closest 1/4 hour on their timecard.

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17 SECTION 33: CALL BACK PAY (non-exempt)
A. If an employee is required to be called back to work after completing his or her normal shift or after having left City premises or the employee’s work location, the employee shall be compensated at the appropriate rate for each hour worked on call back with a minimum of two (2) hours call back compensation at the appropriate rate, regardless of whether the employee actually works less than two (2) hours. This provision shall be applicable to employees although the employee’s regular work week is not completed but shall not apply to employees who are continuing on duty for their normal work shift. The time starts when the callback call is received by the employee. Employees must arrive at the worksite and perform the work required in order to receive call-back pay.

B. When an employee is called on his/her day off or after hours for work purposes, the employee shall be compensated at the overtime rate or in comp time for the actual time worked, rounded to the nearest quarter hour (.25).

SECTION 34: ACTING PAY/OUT OF CLASS PAY
Acting Pay/Out of Class Pay will take effect for Teamsters bargaining unit employees who assume responsibilities of a higher-level classification after 120 working hours at the higher-level classification within a 30 calendar day period.

SECTION 35: CALIFORNIA CLASS “A” DRIVER LICENSE STIPEND Employees required by the City to hold a valid Class “A” Driver’s License for their position and participate in Department of Transportation (DOT) random drug and alcohol testing shall receive a stipend of $75 per month ($34.61 per pay period.) The Department will provide and maintain a list of positions and employees in those required positions. The list will be available upon request.

SECTION 36: BILINGUAL PAY
Employees within the bargaining unit who qualify for bilingual pay will be provided $50.00 per month.

SECTION 37: SAFETY FOOTWEAR AND UNIFORMS
The City will provide up to $355.00 annually toward the purchase and/or replacement of safety footwear as needed, at a City-designated vendor for employees required to wear safety footwear in the performance of their job duties. The $355.00 shall also be available to purchase footwear- related accessories including laces, socks, orthotics, or sole inserts. There shall be no change in the current voucher method of funding these footwear items/accessories.

The City may provide uniforms (including shirts) and/or maintenance of uniforms for all positions covered under this MOU.

The City reports CalPERS on an annual basis, the actual value of compensation paid or the monetary value for the purchase, rental and/or maintenance of required clothing for Teamsters covered CalPERS’ Classic Members. The parties analyzed the value and determined it shall not exceed $710.00 per fiscal year. The parties agree that to the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2CCR, Section 571(a)(5)

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18 Statutory Items. The parties also agree that the City has no additional obligation or costs should CalPERS, the State or the IRS determine otherwise.

SECTION 38: TUITION REIMBURSEMENT FOR APPROVED COLLEGE AND UNIVERSITY

COURSES
Reimbursements by the City of the following enumerated college and/or university course expenses shall not exceed two thousand three hundred dollars ($2,300.00) during any fiscal year.

Eligibility for said reimbursement in an amount not to exceed $2,300.00 in any one fiscal year shall be contingent upon a determination by the employee’s department head or his designee that all the following conditions precedent exists:

A. Expenses shall be incurred for coursework undertaken at a college or university that is licensed/accredited by one of the six regional accreditors involved in higher education accreditation in the United States.

B. The applicant for reimbursement shall represent to the Human Resources Department documentation prepared by the accredited/licensed college or university which evidences the applicant’s receipt of a grade “C” or “pass” in a pass/fail class. As regards each class for which reimbursement is sought (where an employee is simultaneously enrolled in multiple approved classes and does not receive a “C” or “pass” in any one or more of such classes, the amount of expenses subject to City’s reimbursement shall be reduced and/or as appropriate, pro-rated to reflect no reimbursement being made for expenses related to classes where the minimal grade was not received).

C. Eligibility for reimbursement for said expenses shall be confined to either: 1) those courses that in and of themselves consist of curriculum which is predominately related to the development of skills reasonably anticipated by the City to enhance the applicant’s job performance (by means of a non-inclusive example only, art classes would not qualify for reimbursement); or 2) where the employee has declared a major that is job-related as set forth in this section C, to those classes which must be completed as a condition precedent to successful completion of the course of study in the selected major.

D. Eligibility for reimbursement upon completion of coursework shall be predicated upon the employee’s department head or his designee, making a written determination prior to the affected employee’s enrollment in the course(s) for which reimbursement is later sought, that the coursework is offered by an accredited college or university and that the above- described job nexus does exist. The determination of the Department Head or his designee in such regards shall be final.

E. The costs which shall be subject to reimbursement are limited to the following: 1) tuition; 2) books; 3) supplies; 4) parking; and 5) laboratory. In addition to all other conditions precedent to reimbursement set forth in this section, prior to reimbursement being approved, written receipts shall be provided to the Personnel Department and shall evidence each expenditure for which reimbursement is sought.

SECTION 39: ENCOURAGING PROFESSIONAL DEVELOPMENT
Promotions are movements to a different classification with a higher pay range. Bargaining unit employees are encouraged to seek regular performance feedback from their direct supervisors

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19 and other Department leadership for professional development and in order to prepare to compete for future promotional opportunities. If a member applies for a promotion to a bargaining unit position and is not selected for an interview, or has an interview but is not selected for the job, the employee is encouraged to request feedback from their supervisor as to the reasons why they were not selected. The supervisor will work with other Department personnel and/or Human Resources to provide a response to the requesting employee within 30 days of the request.

Bargaining unit employees are encouraged to register on the City’s employment portal to be informed of promotional opportunities by email, and to check their City email account regularly for information regarding promotional opportunities.

SECTION 40: RECOVERY OF PROFESSIONAL DEVELOPMENT COSTS The City may pay the cost of training and certificate programs, up to $10,000, for individual employees that are not required to maintain their positions, with the goal of providing additional development opportunities for employees.

Employees can request that the City pay the cost of such training and certifications. The Department Director and/or Deputy City Manager, with the approval of the City Manager, may approve these requests, subject to budget availability.

If an employee requests participation in a training or certificate program with a registration cost of $2,000 or more, the employee will be required to repay the cost of that training or certificate if they leave City employment within 4 years of the registration for that program. One-quarter of the amount owed is forgiven each year. The employee must sign an agreement indicating that any outstanding amount can be deducted from their final paycheck upon separation any outstanding amount is due at separation.

This benefit does not pertain to professional conferences related to an employee’s ongoing continuous learning, which are routinely budgeted within a department’s budget.

SECTION 41: REQUIRED CERTIFICATIONS AND RECERTIFICATIONS The City will pay for the cost of any required certifications or recertifications required of employees to maintain their positions. Required certifications must be outlined in an employee’s classification specification. The Department Director, with the approval of the City Manager, can add to, but not eliminate certifications and recertifications that Departments will cover the costs for employees to maintain. Any additions by the Department Head must be applied equally to all employees in that classification.

SECTION 42: DIRECT DEPOSIT
All new bargaining unit members are required to enroll in direct deposit. Vacation buybacks can be by paper check.

SECTION 43: 4/10 WORK WEEK
The City of Rancho Cucamonga City Hall operates on a 4/10 work week, hours 7am to 6pm, Monday through Thursday. Different bargaining unit employees generally work from 6am to

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20 4:30pm with half-hour lunch. Actual days and times of work vary based on the hours of operations at various facilities employees are assigned to.

SECTION 44: CARPOOL PROGRAM
The City has implemented a well-defined, equitable, carpool program that eliminated the previously provided time-off incentive with a financial incentive. The carpool program is open to all full-time regular employees. Participation is voluntary, and employees interested in participating shall file a Rideshare Application Agreement and comply with the requirements of the program. The financial incentive for the program is $2.10 per day for every day that the bargaining unit employee carpools.

SECTION 45: USE OF BULLETIN BOARDS
The City will furnish a portion of existing bulletin board space, located in bargaining unit break areas where such bulletin boards currently exist for Teamsters notices. Such space will be no less than 18” x 24” depending on available space. Bulletin boards shall only be used for the following notices:
Schedule Teamsters meetings, agendas and minutes
Information on Teamsters election and the results
Information regarding Teamsters social, recreational and related news bulletins Reports of official business of Teamsters, including negotiations, reports of committees or the Board of Directors
City equipment, materials, or supplies shall not be used for the preparation, reproduction, or distribution of notices, nor shall such notices be prepared by City employees during their regular work time. Notices that are posted, distributed or placed in an employee’s City mailbox shall not be obscene, defamatory or of a political nature. All notices to be posted must be dated and signed by an authorized representative of Teamsters.

SECTION 46: ACCESS TO WORK LOCATIONS
The parties recognize and agree that in order to maintain good employee relations; it is necessary for Labor Relations Representatives and designated Shop Stewards of Teamsters to confer with bargaining unit employees during work hours. Therefore, Teamsters Labor Relations Representatives or Shop Stewards will be granted access to work locations during regular working hours to investigate and process grievances or appeals. Teamsters Labor Relations Representatives or Shop Stewards shall be granted access upon obtaining advance authorization from the designated management representative prior to entering a work location and after advising the City at least one business day in advance of the requested access, of the general nature of the business. The designated management representative may deny access or terminate access to work locations if, in their judgment, it is deemed that the visit would interfere with the efficiency, safety, or security of City operations. The designated management representative shall not unreasonably withhold timely access to work locations. The City shall ensure that there is at all times someone designated who shall have full authority to approve access. If a request is denied, the designated management representative shall establish a mutually agreeable time for access to the employee. Teamsters Labor Relations Representatives or Shop Stewards granted access to work locations shall limit such visits to a reasonable period of time, taking into consideration the nature of the grievance or appeal. The City shall not

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21 unreasonably interfere with Teamsters’ access rights to work locations and any reasonable denial of access shall not be subject to the grievance procedure.

SECTION 47: DUES DEDUCTION
Teamsters membership dues and insurance premiums for plans sponsored by Teamsters, provided such plans are not intended to replace City provided health plans, shall be deducted by the City upon notification by Teamsters stating that an employee has requested that such deduction be made, and the City will stop deductions upon notification from Teamsters that an employee has requested that such deductions be ceased. Remittance of the aggregate amount of all membership dues deducted from the pay warrants of employees covered hereby shall be made to Teamsters on a regular basis consistent with the City’s regular pay-periods. Teamsters shall be deducted in an amount per bi-weekly pay period authorized by the Teamsters Board of Directors. The City shall not be liable to Teamsters, employees, or any party by reason of the requirements of this Article for the remittance of any sum other than those constituting actual deductions made from employee wages earned. Teamsters shall hold the City harmless for any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by the City under this Article.

SECTION 48: NEW EMPLOYEE ORIENTATION
City shall provide thirty (30) minutes at a mutually agreeable time during the employee onboarding process for a Teamsters Local 1932 representative to meet with a new Teamsters Local 1932 covered employee and present the benefits of being a member of the Union. Onboarding new employees occurs during the first working day at the start of a new pay period up to 26 times per year. The City will provide a calendar before the start of a new year. A Teamsters Local 1932 representative will have up to 30 minutes of uninterrupted time to meet with new Teamsters Local 1932 covered employees. Prior to meeting, or in no case later than the meeting time, the City will provide the name and job assignment of the new employee to the Teamsters Local 1932 representative. The City will provide designated Teamsters Local 1932 representatives with all available information about the employee as required under AB 119 within 30 days of the employee’s start date and the City will provide the required information on all Teamsters Local 1932 covered employees again as required by AB 119 at least three (3) times per year.

SECTION 49: USE OF CITY RESOURCES
Teamsters may be granted permission to use any City facilities accessible to the general public for meeting purposes, during the regular hours such space is accessible to the public, provided space for such meetings can be made available without interfering with City needs and is otherwise not reserved by any other groups or individuals. Teamsters may also be permitted to use the City Council Chambers, during regular business hours, for Teamsters meetings, provided the City Council Chambers is not otherwise reserved. Permission to use City facilities must be obtained by Teamsters from the appropriate management representative. Teamsters shall be held fully responsible for any damages to, and the security of, any City facilities that are used by Teamsters.

SECTION 50: RELEASE TIME FOR CITY UNION STEWARDS
The City and Teamsters Local 1932 also agree to the following release time for City Union Stewards:

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22 a. Release of one (1) steward for up to 3 hours each month for the Unions Local Wide Stewards Meeting.
b. Release of one (1) steward for a full day each month if elected to the Union’s Executive Board.
c. Release of up to two (2) stewards for training for up to a full day of training as Stewards no more than once a fiscal year (July to June).

The release of stewards as outlined above shall be paid by the City. Release may be denied if a supervisor/manager determines the employee is needed for a crucial assignment or the need for emergency staffing condition exists. Release per this section will not be unreasonably denied.

SECTION 51: RELEASE FOR ALL HANDS MEETING
The Teamsters Local 1932 bargaining unit shall be allowed four (4) ninety (90) minutes per fiscal year, including travel time, during work hours for the purpose of labor negotiations with the City.

Additional meetings may be requested and may be granted by the Director of Public Works.

SECTION 52: DISCIPLINARY PROCEDURES
A. Definition and Objective of Discipline
Discipline is the enforcement of policies, rules, regulations and/or other administrative or legal requirements designed to maintain a standard of cooperation and conduct necessary to successfully carry out the mission of the City organization. The purpose of discipline is to assist the employee in recognizing and correcting any behavior or deficiencies regarding performance. Self-discipline or self-conformity is the goal strived for by this Section. Disciplinary action of classified employees who have attained regular status, when necessary, shall be documented in such a manner as to be defensible on appeal and/or review.

In all instances where disciplinary action is contemplated, the affected employee shall be afforded prior notice of the proposed disciplinary action. The employee shall have reasonable opportunity to present, in person, their review of the incident(s) resulting in the disciplinary consideration.

Types of disciplinary actions applicable to regular employees in the classified service are:
dismissal, disciplinary demotion, reduction in pay steps within a pay range, disciplinary suspension, written reprimand, or an appropriate combination of these disciplinary actions.

The aforementioned types of disciplinary actions are defined as follows:

1. Oral Reprimand: An oral consultation between the supervisor and employee whereby the supervisor indicates to the employee that there is cause for dissatisfaction with the employee’s services and that further disciplinary measures may be taken if improvement is not made. An oral reprimand may not be appealed under this rule.

2. Written Reprimand: An official notification in writing by the supervisor to the employee that there is cause for dissatisfaction with the employee’s services and that further disciplinary measures may be taken if improvement is not made. A written reprimand may not be appealed under this rule.

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23 3. Disciplinary Suspension: The temporary separation from City service of an employee without compensation. A suspension of less than four (4) days may not be appealed under this rule.

4. Reduction in Pay: The reduction of the employee’s pay rate within the pay range established for the employee’s class.

5. Disciplinary Demotion: The demotion of an employee from a position in one class to a position in another class having a lower maximum rate of pay. The demotion may be permanent or temporary.

6. Dismissal: The discharge of an employee from the City service.

B. Disciplinary Procedures
The purpose of the Disciplinary Procedures is to afford the regular employee an opportunity to present his/her view of factual situation leading to the proposed disciplinary action of suspension of four (4) or more days, reduction in pay, demotion or dismissal, and to afford appropriate administrative review of any disciplinary action which is taken.

1. Initial Notice: The employee shall be given written notice of the proposed disciplinary action by the division manager. The notice shall be delivered to the employee in person and/or mailed to the employee’s last known residence by certified mail, return receipt, postage prepaid. Such notice shall include:
a. The level of discipline intended to be imposed;
b. The specific charges upon which the intended discipline is based; c. A summary of the facts upon which the charges are based; d. A copy of all written materials, reports or documents upon which the intended discipline is based;
e. Notice of the employee’s right to respond to the department head regarding the charges within five (5) calendar days from the date the notice of the proposed disciplinary action is sent or delivered to the employee, either by requesting an informal conference, by providing a written response, or both; f. Notice of the employee’s right to have a representative of his or her choice at the informal conference, should he or she choose to respond orally; and g. Notice that the failure to respond at the time specified shall constitute a waiver of the right to respond prior to the imposition of discipline.

2. Right to Respond: The employee has five (5) calendar days from the date the notice of the proposed disciplinary action is sent or delivered to the employee to review the

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24 documents, materials, charges and other evidence presented pursuant to Section 2, subsection 2 above, and to respond either orally and/or in writing to the department head. If the employee requests a conference to respond orally to the proposed disciplinary action, the conference must be scheduled at least seven (7) calendar days after the date the notice of proposed disciplinary action is sent or delivered to the employee. The conference will be an informal meeting with the department head.

3. Right to Representation: The affected employee has the right to be represented during the disciplinary procedure, at the employee’s own expense.

4. Further Investigation: If the department head determines that the employee’s version of the facts creates doubt as to the accuracy of the information provided, the department head will initiate a further investigation of the factual situation leading to the proposed disciplinary action.

5. Implementation of Disciplinary Action: Upon completion of the procedures set forth above, the employee shall be given written notice of the disciplinary action by the department head. The notice shall be delivered to the employee in person and/or mailed to the employee’s last known residence by certified mail, return receipt, postage prepaid. Such notice shall include:
a. The level of discipline, if any, to be imposed and the effective date of the discipline; b. The specific charges upon which the discipline is based; c. A summary of the facts upon which the charges are based; d. A copy of all written materials, reports or documents upon which the discipline is based; and
e. A statement of the nature of the employee’s right to appeal.

C. Discipline Authority: Department heads shall have the power and duty to determine the need for disciplinary action and implement disciplinary actions.

1. Informal Discussion: Though not a disciplinary action, when a minor job performance problem develops, an informal discussion shall usually occur to assist the employee in clarifying and remedying the problem. An informal discussion is designed to clarify standards, policies and procedures, and/or rules and regulations so that problems are resolved early, and the need to utilize disciplinary action may be avoided.

2. Oral or Written Reprimand: A supervisor may reprimand a subordinate for cause.

When deemed appropriate, reprimands shall be in writing and be addressed to the employee. The employee will be directed to acknowledge receipt by signing the document. A signed copy shall be forwarded to the Human Resources Department for placement in the employee’s file. Reprimands cannot be appealed. The employee may write a written response that must be received by the Administrative Services Department within eight (8) working days from the date the notice is sent or delivered to the employee, to be placed in the personnel file with the reprimand.

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25 3. Suspension: A regular employee may be suspended without pay by the department head. Before the effective date for any non-emergency suspension of four (4) or more days, the employee will be furnished with written notice pursuant to Section 2 of this Rule, and be given an opportunity to respond. Suspensions of less than four (4) days cannot be appealed. The employee may write a written response which must be received by the Human Resources Department within eight (8) working days from the date the notice is sent or delivered to the employee, to be placed in the employee’s personnel file along with the Notice of Suspension.

4. Reduction in Pay: A department head may reduce an employee’s pay within the range. Before the effective date of said reduction, the employee shall be furnished with written notice pursuant to Section 2 of this Rule, and be given an opportunity to respond. The employee shall be assigned a new anniversary date for merit review purposes. Such date shall coincide with the effective date of the reduction action.

5. Demotion: A department head may demote an employee to a lower class for disciplinary reasons. Before the effective date of the demotion, the employee shall be furnished with written notice pursuant to Section 2 of this Rule, and be given an opportunity to respond. The demoted employee shall be assigned a new anniversary date for merit review purposes. Such date shall coincide with the effective date of the demotion.

6. Dismissal: A department head may terminate a regular employee for cause pursuant to Section 2 of this Rule. Before the effective date of the dismissal, the department head shall provide the terminated employee with a written notice pursuant to Section 2 of this Rule and give the employee an opportunity to respond.

D. Emergency Situations
An Emergency may be temporarily placed on administrative leave from City Services with or without pay for a period of time not to exceed time reasonably necessary to permit an investigation of a matter which may result in a disciplinary action. Any employee having supervisory authority and responsibility may initiate an emergency suspension with pay.

Suspension without pay must be initiated by the department head. In the event the investigation develops in the employee’s favor and no disciplinary is filed within the suspension period, the employee shall be reinstated to duty with all accrued salary and other benefits.

E. Grounds for Disciplinary Action
The following non-exclusive list shall constitute grounds for disciplinary action (any of them may be sufficient cause upon which to base a disciplinary action):

1. Fraud in securing employment or making a materially false statement on an application for employment or on any supporting documents furnished with or made a part of any application.

2. Incompetency, such as failure to comply with a minimum standard for an employee’s position for a significant period of time.

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26 3. Neglect of duty, such as failure to perform the duties required of an employee’s position.

4. Willful disobedience or insubordination; such as willful failure to carry out the direction of a supervisor or failure to conform to established orders or directions of persons in a supervisory position, insulting or demeaning the authority of a supervisor or manager.

5. Dishonesty; making any false statement, omission or misrepresentation of material facts.

6. Being under the influence of alcohol or intoxicating drugs while on duty.

7. Absence without authorized leave.

8. Conviction of a crime or conduct constituting a violation of State law or Federal law that has a relationship to the employee’s job. Conviction shall include a plea of guilty or no contest.

9. Discourteous treatment of the public or other City employees.

10. Improper or unauthorized use of City property.

11. Theft.

12. Violation of the rules and regulations of any department.

13. Refusal or failure to subscribe to any oath or affirmation, which is required by law in connection with City employment.

14. Any act of conduct undertaken which, either during or outside of duty hours, is of such a nature that it causes discredit to fail upon the City, and/or the employee’s department or division.

15. Failure to maintain proper decorum during work hours.

16. Abuse of sick leave.

17. Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of City property.

18. Outside employment which conflicts with the employee’s position and is not specifically authorized by the appointing authority.

19. Acceptance from any source of any employment a reward, gift or other form of remuneration in addition to the employee’s regular compensation as a personal benefit to the employee for actions performed in the normal course of the employee’s assigned duties.

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27 20. Mishandling of public funds.

21. Excessive absenteeism or tardiness.

22. Working overtime without prior authorization; refusing to work assigned overtime.

23. Falsification of any City report or record, or of any report or record required to be completed by the employee.

24. Violation of the City or department’s confidentiality policies; disclosure of confidential City information to any unauthorized person or entity.

25. Violation of the City’s Policy Against Harassment, Discrimination and Retaliation.

26. Violation of any of the provisions of the Municipal Code, lawful ordinances, resolutions, or any rules, regulations or policies which may be prescribed by the City Council, City Manager, department head or supervisor.

27. Engaging in political activities precluded by State or Federal law, City Ordinance, policy or these rules.

F. Records
Records pertaining to disciplinary actions shall be maintained in the employee’s personnel file.

SECTION 53: DISCIPLINARY APPEAL PROCEDURES
A. Right to Appeal
A regular full-time and for cause employee shall have the right to appeal the following disciplinary actions:

1. Suspensions without pay of four (4) or more working days.

2. Salary reduction.

3. Demotion.

4. Dismissal.

A promotional probationary employee shall have the right to appeal the following disciplinary actions: suspension without pay of two (2) or more working days and dismissal.

B. Method of Appeal
Appeals shall be made in writing, state the grounds for the appeal, and signed by the appellant or his/her representative. Appeals shall be filed with the Administrative Services

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28 Department within eight (8) working days from the date the notice of disciplinary action is sent or delivered to the employee pursuant to Rule IX (Employee Conduct and Discipline), Section 2. Failure by the appellant or his/her representative to file the appeal within the aforementioned time period will constitute a waiver of his/her right to an appeal.

C. Notice
Upon the filing of an appeal, the Human Resources Department will set a date for a hearing on the appeal not less than eight (8) working days, nor more than twenty-four (24) working days, from the date of filing. However, the Human Resources Department may, at its discretion, waive such time limits if it determines that additional time is necessary.

The Human Resources Department shall notify all interested parties of the date, time, and place of the hearing.

D. Rules for Hearing
Rules for the conduct of the hearing may be promulgated by the Personnel Officer.

E. Hearing Officer
Appeals shall be heard by the Personnel Officer. A decision rendered by the Personnel Officer, shall be final.

F. Hearing Conduct and Representation
The appellant shall appear personally, unless physically unable to do so, at the time and place of the hearing. He/she may, but need not be represented. If represented, the appellant must identify his/her representative at least three (3) working days before the hearing. The conduct and decorum of the hearing shall be under the control of the Hearing Officer. The hearing shall be closed unless the appellant requests that it be open.

G. Evidence and Examination of Witnesses

1. Oral evidence shall be taken only on oath or affirmation.

2. Each party shall have the following rights:
a. To call and examine witnesses.
b. To produce documentary evidence.
c. To cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not cover in the direct examination. d. To impeach any witness regardless of which party first called him/her to testify. e. To rebut the evidence against him/her.

3. The hearing need not be conducted according to technical rules relating to evidence and witnesses. The rules of privilege shall be effective to the extent that they otherwise

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29 are required by statute to be recognized at the hearing. Irrelevant and unduly repetitious evidence shall be excluded.

H. Findings and Conclusions
Written findings of fact shall be made which state as to each charge whether or not such charge is sustained and shall affirm, reverse or modify the appealed decision. The Hearing Officer’s decision on the appeal shall be contained in a formal, written document, which includes the findings of fact supporting the decision. The decision shall be final and binding and such decision shall be served in person or by certified mail to the employee’s last known residence, return receipt, postage prepaid mail on the employee appealing the decision, and by regular mail or in person on the department head who instituted the discipline.

I. Statute of Limitations
The Hearing Officer’s written findings and decision is final. There is no process for reconsideration. Pursuant to Code of Civil Procedure section 1094.6, the parties have ninety (90) days from the date of the proof of service of mailing of the written findings and decision to appeal the decision to the Superior Court in and for the County of San Bernardino.

SECTION 54: GRIEVANCE PROCEDURES
A. Purpose of Rule

1. To promote improved employer-employee relations by establishing procedures on matters for which appeal or hearing is not provided by other regulations.

2. To afford employees individually a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.

3. To provide that grievances shall be settled as near as possible to the point of origin.

4. To provide that grievances shall be conducted as informally as possible.

B. Matters Subject to Grievance Procedure
An employee shall have the right to file a grievance concerning an alleged violation, misinterpretation or misapplication of City policy, City Personnel Rules and Regulations, and/or the Memorandum of Understanding. Matters otherwise subject to the disciplinary procedure shall not be subject to the grievance procedure. In addition, the following matters are excluded from this procedure:

1. Requests for changes in wages, hours, or working conditions, including any impasse or dispute in the meet and confer process or matter within the scope of representation;

2. Requests for changes in the content of employee evaluations or performance reviews, oral or written warnings, reprimands or counseling;

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30 3. Challenges to a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase;

4. Challenges to any disciplinary action; and

5. Challenges to examinations or the appointment to positions.

C. Informal Grievance Procedure
Within eight (8) work days of the occurrence of the act(s) that constitutes the grievance, an employee shall discuss the grievance with his/her immediate supervisor. If, after this discussion, the employee does not believe the problem has been satisfactorily resolved, the employee shall have the right to discuss it with the supervisor’s immediate superior in the administrative service, if any. Every effort shall be made to find an acceptable solution by informal means at the lowest possible level of supervision.

If the employee is not in agreement with the decision reached by discussion, the employee shall then have the right to file a formal grievance in writing within five (5) working days after receiving the informal decision of the immediate supervisor. Failure of the employee to file the grievance within five (5) work days shall constitute a waiver of the grievance.

Formal written grievances shall only apply to the employee affected, shall specifically identify the action being grieved, and shall include a statement of the action(s) desired by the grievant and the reasons therefore.

D. Formal Grievance Procedure (Levels of Review Through Chain of Command)

1. First Level of Review: The grievance shall be presented in writing to the employee’s immediate supervisor, who shall render a decision and comments in writing and return them to the employee within eight (8) working days after receipt of the grievance. If the employee does not agree with the supervisor’s decision, or if no answer has been received within eight (8) working days, the employee may present the grievance, in writing, to the department head. Failure of the employee to take further action within eight (8) working days after receipt of the written decision of the supervisor, or within eight (8) working days if no decision is rendered, shall constitute a waiver of the grievance.

2. Department Review: The department head receiving the grievance of an employee or a designated representative shall discuss the grievance with the employee, the employee’s representative if so desired, and with other appropriate persons. The department head shall render a decision and comments in writing and return them to the employee within eight (8) working days after receiving the grievance. If the employee does not agree with the decision reached, or if no answer has been received within eight (8) working days, the employee may present the grievance in writing to the Personnel Officer. Failure of the employee to take further action within eight (8) working days after receipt of the department head’s written decision, or within eight (8) working days if no decision is rendered, shall constitute waiver of the grievance.

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31 3. Personnel Officer: The Personnel Officer, or his/her designated representative, upon receipt of the grievance, shall discuss the grievance with the employee, and/or the employee’s designated representative, and with other appropriate persons. The Personnel Officer or designee shall render a decision in writing to the employee within eight (8) working days after receiving the grievance. The decision of the Personnel Officer shall be final.

E. Conduct of Grievance Procedure

1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned in writing.

2. The employee may have a representative of his or her choice present at all stages of the grievance procedure, except that no one may be represented by an employee he or she supervises, and no employee may be represented by his or her supervisor or department head. At least 48 hours prior the grievance meeting, the employee shall inform the individual hearing the grievance whether he or she will be represented at the grievance meeting and shall identify the representative.

3. EMPLOYEES SHALL BE ASSURED FREEDOM FROM REPRISAL FOR USING THE GRIEVANCE PROCEDURE.

4. The grievant may request that the informal discussion with the immediate supervisor be waived.

SECTION55: ADOPTION OF MOU
This memorandum, between representatives of the City and Teamsters Local 1932, was adopted on July 20, 2022.

SECTION 56: EFFECTIVE DATE
The provisions of this memorandum of understanding are effective July 1, 2022, and continue for a three-year period, ending June 30, 2025.

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32 TEAMSTERS : CITY of RANCHO CUCAMONGA:

DATED___________________ DATED_____________________

________________________________ __________________________________ Natalie Harts John Gillison Teamsters Business Representative City Manager ________________________________ __________________________________ Caleb Dupont Robert Neiuber Lead Maintenance Worker Human Resources Director ________________________________ __________________________________ Latu Ohoiner Lori Sassoon Maintenance Coordinator Deputy City Manager/Admin. Services ________________________________ ___________________________________ Paul Corona Matt Burris Lead Mechanic Deputy City Manager/Econ. & Comm. Devel. ___________________________________
Noah Daniels
Finance Director
____________________________________
Jenifer Phillips
Deputy Director of Human Resources

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Class Title Step Amount Step Amount Step Amount
Electrician 5457 $4,925 5497 $6,012 5517 $6,644
Equipment Operator 5425 $4,199 5465 $5,126 5485 $5,664
Inventory Specialist Equipment/Mat 5389 $3,509 5429 $4,283 5449 $4,732 Lead Maintenance Worker 5429 $4,283 5469 $5,229 5489 $5,777 Lead Mechanic 5440 $4,526 5480 $5,523 5500 $6,103
Maintenance Coordinator 5452 $4,804 5492 $5,863 5512 $6,480 Maintenance Worker 5391 $3,544 5431 $4,325 5451 $4,778
Mechanic 5430 $4,305 5470 $5,255 5490 $5,807
Senior Maintenance Worker 5401 $3,723 5441 $4,547 5461 $5,024 Signal & Lighting Coordinator 5479 $5,497 5519 $6,710 5539 $7,414 Signal & Lighting Technician 5452 $4,804 5492 $5,863 5512 $6,480 Minimum Control Point Maximum
Monthly Pay Ranges Effective July 4, 2022
Resolution No. 2022-

PUBLIC WORKS MAINTENANCE EMPLOYEES

ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Represented By
THE TEAMSTERS LOCAL 1932
ATTACHMENT 3
Teamsters Local 1932 Salary Schedule
July 4, 2022

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RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, MODIFYING PAYING

AND REPORTING THE VALUE OF EMPLOYER-PAID MEMBER

CONTRIBUTIONS TO CALPERS FOR THE RANCHO

CUCAMONGA CITY EMPLOYEE ASSOCIATION AND
TEAMSTERS LOCAL 1932.

WHEREAS, the City Council of the City of Rancho Cucamonga (CITY) has the authority to implement Government Code Section 20691; and
WHEREAS, the City has written labor agreements that specifically provide for the normal member contributions to be paid by the employer; and reported as additional compensation; and
WHEREAS, one of the steps in the procedure to modify Section 20691 is the adoption by CITY of a resolution modifying paying and reporting the value of Employer-Paid Member Contributions (EPMC) for employees who meet the conditions set forth; and WHEREAS, the City has identified the following conditions for the purpose of its election to pay EPMC:
This benefit shall apply to all miscellaneous employees within the Rancho Cucamonga City Employees Association and Teamsters Local 1932 bargaining units. This benefit shall be reduced to zero, eliminating the percent the City pays towards the normal contributions as EPMC and reporting the same percent (value) of compensation earnable* (excluding Government Code Section 20636 (c)(4) as additional compensation for employees within the Rancho Cucamonga City Employees Association bargaining unit hired prior to September 1, 2010, employees hired on or after September 1, 2010, and before July 4, 2011, and employees hired on or after July 4, 2011. The effective date shall be July 4, 2022. This benefit shall be reduced to zero, eliminating the percent the City pays towards the normal contributions as EPMC and reporting the same percent (value) of compensation earnable* (excluding Government Code Section 20636 (c)(4) as additional compensation for employees within the Teamsters Local 1932 bargaining unit hired prior to September 1, 2010, employees hired on or after September 1, 2010, and before July 4, 2011, and employees hired on or after July 4, 2011. The effective date shall be October 10, 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES to approve the resolution modifying paying and reporting the value of Employer-Paid Member Contributions to CALPERS for the Rancho Cucamonga City Employees Association and Teamsters Local 1932 bargaining unit.

PASSED, APPROVED, AND ADOPTED this 20th day of July 2022.

ATTACHMENT 4 – Resolution 2022-

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DATE:July 20, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Ian Tai, Associate Engineer
SUBJECT: Consideration of Resolution of Necessity of the City Council of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Southern California Edison Company, 9333 Etiwanda Avenue in Unincorporated San Bernardino County, San Bernardino County Tax Assessor’s Parcel Number 0229-291-23). (RESOLUTION NO. 2022-112). (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Consider the following Resolution, which is a Resolution of Necessity of the City of Rancho Cucamonga Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City’s Etiwanda Grade Separation Project:

Resolution No. 2022-112

2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report (“Report”), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity, which requires the City Council’s consideration and determination.

3. If the City Council finds, based on the evidence contained and referenced in this Report and the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution of Necessity No. 2022-112 (which requires a 4/5ths vote of the entire City Council) and authorize the City Attorney’s office to file an eminent domain proceeding to acquire the following real property interests (referred to below as the “Subject Property Interests”) from the parcel described below:
9333 Etiwanda Avenue, APN 0229-291-23 (SCE Parcel)

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An approximate 45 square foot permanent easement, an approximate 686 square foot temporary construction easement with a term of twelve (12) months, and an approximate 11 square foot temporary construction easement with a term of twelve (12) months, for grade separation purposes, and all uses necessary and convenient thereto from the real property located at 9333 Etiwanda Avenue in unincorporated San Bernardino County and further identified as San Bernardino County Tax Assessor’s Parcel Number 0229-291-23, which is owned by Southern California Edison Company (referred to as “SCE Parcel”).

The Subject Property Interests, comprised of the above-described real property interests, are described more particularly in the Resolution of Necessity. The Resolution of Necessity, with its respective Exhibits, is attached hereto and incorporated herein by this reference.

4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney’s Office to file and prosecute an eminent domain proceeding for the acquisition of the Subject Property Interests by eminent domain.

5. Authorize the City Manager and his designees to execute all necessary documents.

BACKGROUND:

The City Council has before it a proposed Resolution of Necessity for the acquisition by eminent domain of certain real property interests in connection with the City’s Etiwanda Grade Separation Project (“Project”).

The Project requires the acquisition of additional right of way for grade separation. The Project involves the widening and construction of Etiwanda Avenue as a four-lane grade-separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approaching roadway. It will span the railroad right-of-way and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right turn lane onto Whittram Avenue. When completed in 2025, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. All work is consistent with the City’s General Plan of Circulation. The Plans for the Project are on file with the Engineering Services Department and are incorporated herein by this reference.

The Project requires the acquisition of the Subject Property Interests for grade separation, and related purposes, and all uses necessary or convenient thereto.

On May 4, 2022, the City of Rancho Cucamonga and the County of San Bernardino entered into an agreement allowing for the exercise of joint powers for the purpose of acquiring the Subject Property Interests located in unincorporated San Bernardino County for Project (“Joint Powers Agreement”). The Joint Powers Agreement authorizes the City to take all necessary and convenient steps to acquire the Subject Property Interests for the Project, including, without limitation, by purchase, lease, gift, devise, or the exercise of eminent domain.

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The City has attempted to negotiate in good faith with the owner to acquire the above-described Subject Property Interests. The City has been unable to reach a negotiated acquisition with the owner of the Subject Property Interests. Based on the timing of the Project, it is necessary that the City consider the proposed Resolution of Necessity at this time.

ANALYSIS:

The City seeks to acquire the Subject Property Interests for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Project.

The City seeks to construct the Project to improve circulation, mobility, and vehicle and rail safety.

The Project’s goal of converting into a grade-separated corridor the portion of Etiwanda Avenue that crosses with the SCRRA railroad, is identified in the City’s General Plan.

The Project was planned and located to minimize the impact on the adjacent properties. Because of its scope, the Project requires the acquisition of numerous permanent easements and temporary construction easements over portions of several larger parcels, as well as fee interests in two parcels, owned by private property owners. The construction of the Project will require some business/residential relocations. The City will coordinate construction with the owners of the Subject Property Interests to minimize the impact of the Project on the parcels, and to assist those persons and businesses displaced by the Project. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the required Subject Property Interests.

The City seeks to acquire the Subject Property Interests for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Project pursuant to the authority to acquire real property by eminent domain conferred on the City of Rancho Cucamonga by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by other provisions of law.

For the reasons set forth above, the construction of the Project is in the public interest and necessity and is needed to improve circulation, mobility, and vehicle and rail safety.

Required Findings for Adoption of Resolution of Necessity Authorizing the Acquisition of the Subject Property Interests by Eminent Domain
In order to adopt the proposed Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests, the City Council must find and determine, that:

A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury;
C. The Subject Property Interests described in the Resolution of Necessity are necessary for the Project; and
D. The City has made an offer as required by Government Code Section 7267.2 to the owner of record of the real property interests it seeks to acquire.

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The amount of just compensation is not an issue before the City Council at this hearing. The hearing relates to issues A, B, C, and D above. The amount of just compensation would be determined in the eminent domain proceedings that would be filed if the City Council, in its sole discretion, adopts the proposed Resolution of Necessity.

Environmental Analysis
The environmental effects of the Project were studied and analyzed pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”). City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18. Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g):

Any railroad grade separation project which eliminates an existing grade crossing or which reconstructs an existing grade separation as set forth in Section 21080.13 of the Public Resources Code.

On June 6, 2018, the City Council approved the Notice of Exemption and authorized Staff to file the Notice of Exemption with the Office of Planning and Research and the County clerk as specified in Section 21080.13(2) of the Public Resources Code. The City duly filed the Notice of Exemption with the Office of Planning and Research and with the Clerk of the Board of Supervisors, County of San Bernardino on or about June 11, 2018, in accordance with the statutory requirements.

In connection with the proposed Resolution of Necessity, on July 20, 2022, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests.

City’s Actions Pursuant to Government Code Section 7260 et seq.

Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained a fair market value appraisal of the Subject Property Interests and the larger parcel of which the Subject Property Interests are a part, set just compensation in accordance with the appraised fair market value, and extended a written offer to the owner of record. The City negotiated in good faith with the owner of record. As of the date of this Staff Report; however, the parties have not reached a negotiated agreement. Based on the timing of the Project, it is necessary that the City consider the adoption of the Resolution of Necessity at this time.

Following is a summary of the actions taken by the City pursuant to Government Code Section 7260 et seq.
9333 Etiwanda Avenue, APN 0229-291-23 (SCE Parcel)
Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained a fair market value appraisal of the SCE Parcel, the approximate 45 square foot

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permanent easement, the approximate 686 square foot temporary construction easement with a term of twelve (12) months, and the approximate 11 square foot temporary construction easement with a term of twelve (12) months the City seeks to acquire for public use, namely grade separation purposes. The City set just compensation in accordance with the appraised fair market value, and extended a written offer to Southern California Edison Company, the owner of record, on February 28, 2022. The fair market value appraisal used a date of value of July 16, 2021.

The City’s written offer included an informational pamphlet describing the eminent domain process and the record owner’s rights under the Eminent Domain Law. In accordance with Government Code Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of the highest and best use of the larger parcel. It explained the applicable zoning designation of the larger parcel. The City’s offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s valuation analysis, including property improvements and severance damages. It also included the City’s comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the Subject Property Interests.

The City made several attempts to follow up and negotiate with the owner regarding the City’s offer. Based on the timing of the Project, it is necessary for the City Council to consider the adoption of the proposed Resolution of Necessity authorizing the acquisition by eminent domain of the Subject Property Interests needed from the SCE Parcel.

City’s Actions Pursuant to Code of Civil Procedure Section 1245.235 Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first- class mail dated June 30, 2022, to the record owner of the Subject Property Interests the City seeks to acquire, informing it of the City’s intent to consider at its July 20, 2022 meeting, the adoption of a resolution of necessity for the acquisition by eminent domain of the Subject Property Interests.

The notice advised the record owner of its right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing with the City, within fifteen days of the date the notice was mailed, a written request to appear at the hearing. The notice specifically informed the record owner of the Subject Property Interests that it has an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire from the owner of record is necessary for the Project.

As discussed above, based on the proposed timing of the Project, it is necessary for the City Council to consider the adoption of the proposed Resolution of Necessity at this time.

This hearing relates to issues A, B, C, and D below.

REQUIRED FINDINGS FOR ADOPTION OF RESOLUTION OF NECESSITY A. The Public Interest and Necessity Require the Project

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The Project, as planned and designed, is in the public interest and necessity and is needed to improve vehicle and rail safety, traffic mobility, and surface transportation. The Project requires the acquisition of additional right of way for grade separation and related purposes. The Project will widen the portion of Etiwanda Avenue from Napa Street to Whittram Avenue to a four-lane grade-separated roadway over the SCRRA/BNSF San Gabriel subdivision, which is currently a two-lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approaching roadway. It will span the railroad right-of-way and provide access to adjacent properties. The Project includes the addition of a painted median/left turn lane with bike lanes and sidewalks on each side, and a northbound right turn lane onto Whittram Avenue.

When completed in 2025, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains.

Furthermore, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. Accordingly, the Project will benefit local residents and businesses, and the community as a whole. The Plans for the Project are on file with the Engineering Services Department and are incorporated herein by this reference.

The Project, as planned and designed, is consistent with the Circulation Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial road.

Anticipating the future growth of the SCRRA/BNSF corridor, the City’s General Plan identified this area to be grade-separated. The City seeks to acquire the Subject Property Interests for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve mobility, safety, and level of service at the crossing.

The Project was planned and located to minimize the impact on adjacent properties.

Because of its scope, the Project requires the acquisition of numerous permanent easements and temporary construction easements over portions of several larger parcels, as well as fee interests in two parcels, owned by private property owners. The construction of the Project will require some business/residential relocations. The City will coordinate the construction with the owners of the Subject Property Interests to minimize the impact of the Project on the parcels, and to assist those persons and businesses displaced by the Project. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the required Subject Property Interests.

The public use for which the City seeks to acquire the Subject Property Interests, namely grade separation and related purposes, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use for which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). Further, the Project may require the relocation of several utilities to the new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interests, namely grade separation and related purposes, and all uses necessary or convenient thereto, is a more necessary public use, within the meaning of Code of Civil Procedure Section 1240.650, than the uses for which public utility easement holders have appropriated any utility easements located on or within the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

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Rancho Cucamonga City CouncilJuly 20, 2022

Rancho Cucamonga City Council
July 20, 2022