PSA with Professional Liability Insurance (Non-Design) Page 11 Last Revised: 11/12/2020
authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Consultant commences performance.
If performance of this Agreement shall extend beyond one year, Consultant shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance.
13. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require. City shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties.
14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Consultant. In the event City exercises its right to terminate this Agreement, City shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party.
Consultant may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes.
15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant’s and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
All notices shall be addressed as follows:
If to City:
Michael Parmer, Assistant to the City Manager
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
If to Consultant:
Dane Hutchings, Managing Director
Renne Public Policy Group
PSA with Professional Liability Insurance (Non-Design) Page 12 Last Revised: 11/12/2020
1127 11th Street, Suite 300
Sacramento, CA 95814
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
17. Assignment and Subcontracting. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant’s obligations hereunder without City’s prior written consent. Except as provided herein, any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18 Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts.
21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court.
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23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement.
24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
Consultant Name: Renne Public Policy
Group
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date _________________________________
Title
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date _________________________________
Title
(two signatures required if corporation)
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Approval ____ Buyer II, Purchasing
____ Alternate, Risk Management Coordinator
EXHIBIT A
SCOPE OF SERVICES
PSA with Professional Liability Insurance (Non-Design) Page 15 Last Revised: 11/12/2020
EXHIBIT B
SCHEDULE OF PERFORMANCE
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ADDENDUM NO.
to
Professional Services Agreement
Whereas;
and the City of Rancho Cucamonga (hereinafter the “City”) intend to enter into a Professional Services Agreement (hereinafter “Agreement”), and Whereas;
has identified the following exceptions to the Agreement;
Now therefore:
and the City desire to incorporate the above exceptions to the attached Professional Services Agreement.
Please indicate your agreement by way of signature to this Addendum No. and the attached Professional Services Agreement. Please return two (2) original signed copies to the City no later than . The City will process for signature and provide with one (1) fully executed copy of the Professional Services Agreement and Addendum No. .
Consultant Name:
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date _________________________________
Title
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date _________________________________
Title
(two signatures required if corporation)
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Attachment A – Sample Waiver of Subrogation
(Sample Only – Not all forms will look identical to this Sample)
PSA with Professional Liability Insurance (Non-Design) Page 20 Last Revised: 11/12/2020
Attachment B – Sample Additional Insured for On-going Projects
Last Revised: 11/27/2018 Page 1 of 2 AMENDMENT NO.
to
Professional Services Agreement (CO # )
between
Renee Public Policy Group (hereinafter “Renee”)
and
City of Rancho Cucamonga (hereinafter the “City”)
This Amendment No. ` will serve to amend the Professional Services Agreement (hereinafter “Agreement”), CO# , to incorporate the following:
Under section 1. Consultant's Services, a new subsection, "1.6 Conflicts" will be added to include the following:
Renee agrees to undertake all necessary measures to prevent any risk of conflicts of interests which could affect the impartial and objective performance of this agreement. Renee agrees to (a) immediately notify the City if a situation arises where a client of Renee has objectives or positions that conflict with the City's legislative objectives or positions, (b) assign the City with a separate advocate and dedicated support team acceptable to the City, and (c) implement a "firewall" protocol to maintain the confidentiality of all communications, legislative activity, strategy, or any active direct or indirect advocacy efforts until the City has determined that a conflict no longer persists. If the City is not satisfied with the steps taken to remedy the conflict, Renee will provide the City with a suitable subcontractor on a short-term basis specific to the singular issue at no additional cost to the City until the City has determined that a conflict no longer persists.
All other Terms and Conditions of the original Agreement CO# , will remain in full effect.
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return two (2) original signed copies to the City no later than . The City will process both copies for signature and provide Renee with one (1) fully executed copy of the Amendment.
Renee
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By: _________________________________
Name Date _________________________________
Title
By: ______________________________
Name Date
______________________________
Title
By: _________________________________
Name Date _________________________________
Title
(two signatures required if corporation)
Last Revised: 11/27/2018 Page 2 of 2
Scope of Services
State Legislative Advocacy and Governmental Affairs
The City of Rancho Cucamonga is seeking proposals from qualified consultants to represent the City before State legislators, departments, and agencies, and act as trusted advisors, lobbyists, and expert navigators for the City.
Primary activities will include:
•Review all state legislative proposals introduced during each legislative session. •Monitor/track bills that may impact the City’s interests in accordance with the legislative priorities established by the City Council. •Learn City finances, programs, and operations to objectively articulate potential impacts from pending legislation.
•Distribute the City’s legislative position letter to members of the City’s delegation author of the legislation, and members of applicable policy committees in Sacramento to convey the position once the City takes a legislative position. •Work closely with City Staff to assess the impact of certain bills/administrative decisions and to develop a response from the City either in support, opposition, or seek amendments to bills or administrative rules.
•Represent the City and meet with legislators, their staff, and governmental agency officials to advance the City’s legislative agenda and interests. •Testify at committee hearings and other meetings on behalf of the City. •Maintain strong working relationship with State legislators, legislative staff, lobbyists representing other cities, governmental agencies, non-profits, and advocacy groups.
•Advocate for city funding in the state budget, through grants and legislation, and through any other appropriate means.
•Assist with development of coalitions with like-minded partner organizations such as Cal Cities and other advocacy groups that share the goals and objectives of the city, its residents, and the business community.
•Work closely with the City’s State representatives, and city staff to draft and develop legislation on matters of importance to the city. Once legislation is introduced the city’s lobbyists are expected to act as a champion of the proposed legislation, including, meeting with State elected officials to advance such initiative, assist with drafting advocacy materials, gain support from other agencies and partners, and to provide collaborative strategic guidance to the city and its representatives.
•Remain up to date on the City’s current affairs.
Qualified candidates shall provide services and advice to the City, which shall include, but not be limited to the following:
Research and Reports:
Provide research and timely written and oral information to the City, beyond what is publicly available online, on matters that include, but are not limited to:
•Existing and proposed state laws and regulations that affect the City’s interest. •Reports on, and testimony from, legislative hearings.
•The development and progress of state issues affecting specific City interests. •State agency and department regulations, guidelines, directives, and other instruments of administrative policy.
•Research, identify and secure grant funding or other opportunities for funds. •Track and review press releases, informational bulletins, and other important information released by the State and their agencies.
•Submit a monthly written summary during the legislative session and at other times if warranted that gives updates on pending legislation, state budget, and other relevant issues.
Meetings:
•Arrange meetings with legislative representatives or key agency staff and City representatives.
•Provide support, including advising on briefing papers, talking points, etc., when City officials are requested to testify before a legislative committee or meet with State representatives.
•Host, in collaboration with staff, a monthly legislative briefing for key city staff.
During the briefing, the lobbyist will provide major highlights and information on priority bills that require the City’s attention.
Other tasks as deemed appropriate and necessary by the city.
DATE:August 17, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: William Wittkopf, Public Works Services Director Richard Favela, Streets, Storm Drains and Fleet Superintendent Kenneth Fung, Assistant Engineer
SUBJECT: Consideration to Accept the Traffic Signal Battery Backup Systems Replacement FY 20-21 Project as Complete, file a Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Accept the Traffic Signal Battery Backup Systems Replacement FY 20-21 Project, Contract No 2021-047, as complete.
2. Approve the final contract amount of $277,083.15.
3. Authorize the release of the Faithful Performance Bond and acceptance of the Maintenance Bond.
4. Authorize the release of the Labor and Materials Bond in the amount of $239,250.00, six months after recordation of said notice if no clams have been received.
5. Authorize the Public Works Services Director to file a Notice of Completion and release of retention in the amount of $13,854.16, 35 days after acceptance.
6. Authorize the Public Works Services Director to approve the release of the Maintenance Bond one year following the filing of Notice of Completion if the improvements remain free from defects in material and workmanship.
BACKGROUND:
The purpose of a traffic signal battery backup system is to provide electrical power to a traffic signal so that it will operate in red flash mode during a power outage. The existing first-generation battery backup systems have been in service for twenty-five (25) years. These systems have exceeded their life expectancy and are no longer supported by the manufacturer (replacement parts are no longer available).
Pertinent information of the project is as follows:
Budget Amount: $277,500.00
Publish Dates for Local Paper: January 12, 2021, and January 19, 2021 Bid Opening: February 2, 2021 Contract Award Date: March 17, 2021
Low Bidder: Siemens Mobility, Inc.
Contract Amount: $239,250.00
1 4
3 3
Contingency: $38,250.00
Final Contract Amount: $277,083.15
Difference in Contract Amount: $37,833.15 (15.8%)
ANALYSIS:
The subject project has been completed in accordance with the approved specifications and to the satisfaction of the Public Works Services Director.
The net increase in the total cost of the project is the result of a Contract Change Order. During construction, it was discovered that the service wiring at eighteen (18) of the project’s Traffic Signal locations needed to be replaced.
At the end of the one-year maintenance period, if the improvements remain free of defects in materials and workmanship, the City Clerk is authorized to release the Maintenance Bond upon approval of the Public Works Services Director.
FISCAL IMPACT:
Adequate funds were included in the Fiscal Year 2020/21 adopted budget for this project in account number 1712001-5650/1980712-0 (Equipment/Vehicle Replacement) and account number 1174303-5650/1980174-0 (State Gas Tax).
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This project addresses the City Council core value of promoting and enhancing a safe and healthy community for all. Installing new battery backup systems ensures that, in the event of a power outage, the City’s traffic signals will be able to provide limited traffic control at signalized intersections until power is restored in the area.
ATTACHMENTS:
Attachment 1 - Notice of Completion
The
DATE:August 17, 2022
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Noah Daniels, Finance Director
SUBJECT: Consideration of Resolutions Approving the Special Tax Levy for Community Facilities Districts Nos. 85-1 and 88-1 for Fiscal Year 2022/23. (RESOLUTION NO'S. FD2022-024 AND FD2022-025) (FIRE)
RECOMMENDATION:
Staff recommends that the Fire Board adopt the Resolutions approving the special tax levy for Community Facilities Districts Nos. 85-1 and 88-1 (each a "District" and collectively the "Districts") for the Fiscal Year 2022/23.
BACKGROUND:
Annually, before the County's direct assessment enrollment deadline in August, the Fire Board must adopt a Resolution approving the special tax levy as reflected in each District's respective Annual Status Report. If approved, staff will file the certified list of all parcels subject to the special tax levy for each District with the County of San Bernardino to be included in the property owners’ property tax billings.
ANALYSIS:
The special taxes pay for public facilities and services provided by the Districts. All the costs related to the Districts are costs of the Districts and are the responsibility of the property owners.
Several years ago, the Fire Board approved a rate reduction for CFD 88-1 to the same level as CFD 85-1 to create rate uniformity for the property owners within both Districts. As a result of the rate reduction, the Fire District General Fund contributes $2,322,900 to CFD 88-1.
The table below summarizes the special tax levy (for a single-family residence) for each District for Fiscal Year 2022/23:
District Current Levy Recommended
Levy Maximum Levy Notes
CFD 85-1 $144.12 $144.12 $199.19 No change from
the prior year.
CFD 88-1 $55.43 to
$144.12
$55.43 to
$144.12
$645.02 to
$1,684.92
No change from
the prior year.
There is no change proposed to the District rates for this year.
1 4
3 2
FISCAL IMPACT:
The special tax revenues that are collected for each District are used for the related services and administration costs for only that District. The estimated costs of administration, personnel services, and maintenance and operations in the Districts are described in the District's Annual Status Report. The contribution from the Fire District General Fund to CFD 88-1 was budgeted and approved by the Fire Board through the budget approval process.
CFD 85-1 has a revenue shortfall of $1,621,110, which is covered with District reserves. Although there is a recurring operating deficit in the District, the shortfall is larger for the Fiscal Year 2022/23 due to capital improvements at Fire Station 174 to meet ADA requirements which are budgeted for $855,000. Also, there are increased personnel costs for staffing Fire Station 178 once it is opened. However, the increased costs for staffing Fire Station 178 are offset by a contribution from the Fire District General Fund in the amount of $1,240,940; and, therefore, does not attribute to the operating deficit.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City Council’s core value of intentionally embracing and anticipating the future by complying with reporting requirements for special taxes to provide public services and administrative costs for the Districts.
ATTACHMENTS:
Attachment 1 – Resolution CFD 85-1
Attachment 2 – Annual Status Report - CFD 85-1
Attachment 3 – Resolution CFD 88-1
Attachment 4 – Annual Status Report - CFD 88-1
Resolution No. FD 2022-XXX - Page 1 of 5
ATTACHMENT 1
RESOLUTION NO. FD 2022-XXX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO
COUNTY, CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2022/23
WHEREAS,the Board of Directors of the Rancho Cucamonga Fire Protection District, California, (formerly Foothill Fire Protection District, hereinafter referred to as the "legislative body"), (a) initiated proceedings in 1985 to (i) form the Foothill Fire Protection District Community Facilities District No. 85-1 (“CFD No. 85-1”) and (ii) authorize the levy of special taxes within CFD No. 85-1; (b) held a public hearing regarding the foregoing and formed CFD No. 85-1; and (c) conducted an election on December 10, 1985, and more than two-thirds (2/3) of the qualified electors voted in favor of a proposition authorizing the levy of special taxes in CFD No. 85-1, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS,this legislative body, by ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the annual levy of a special tax to pay for costs and expenses related to said CFD No. 85-1 at the rate and apportion the special tax in the manner specified in the resolution adopted pursuant to Article 2 (commencing with Section 53318 of the Government Code), except that this Board of Directors may levy the special tax at a lower rate; and WHEREAS,this Board of Directors desires to levy a special tax in the CFD No. 85-1 for the Fiscal Year 2022/23
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HEREBY RESOLVES:
SECTION 1: Levy of Special Tax. That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the Fiscal Year 2022/23 for the CFD No. 85-1 is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "A".
SECTION 2: Exempt Properties. That properties or entities of the State, Federal or other local governments shall be exempt from such special tax.
SECTION 3: Use of Special Tax. That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:
(a) The construction, acquisition, expansion and/or rehabilitation of public facilities, within or for the benefit of the CFD No. 85-1 generally described as follows:
Fire protection and suppression facilities and appurtenances, including equipment, real property and other tangible property with an estimated useful life of five years or longer. (b) The services to be provided within the CFD No. 85-1 are generally described as follows:
The performance by employees of functions, operations and maintenance and repair activities in order to provide fire protection within the CFD No. 85-1. (c) The repayment of advances and loans. The special tax shall be used solely for the purposes specified above and for no other purpose.
Resolution No. FD 2022-XXX - Page 2 of 5
ATTACHMENT 1
SECTION 4: Annual Adjustment in Maximum Special Tax. Pursuant to authorization of the qualified electorate, this Board of Directors hereby declares that it shall annually adjust the maximum special tax based upon the lesser of:
(a) changes in cost of living; or
(b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code occurring within the CFD No. 85-1 in the immediately preceding fiscal year. (c) The maximum authorized special tax rates are set forth in the attached referenced and incorporated Exhibit “B”
SECTION 5: Collection of Special Tax. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes.
PASSED, APPROVED, AND ADOPTED this 17th day of August 2022.
Resolution No. FD 2022-XXX - Page 3 of 5
ATTACHMENT 1
EXHIBIT "A"
ACTUAL SPECIAL TAX FOR FISCAL YEAR 2022/23 IN
MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Structures Actual Annual Special Tax
Residential $144.12 per DU
Multi-Family Residential 2 DU 1.75 ($144.12)
3 DU 2.25 ($144.12)
4 DU 2.65 ($144.12)
5 - 14 DU 2.65 ($144.12) + {0.35 (TU-4) ($144.12)}
15 - 30 DU 6.15 ($144.12) + {0.30(TU - 14) ($144.12)}
31 - 80 DU 10.65 ($144.12) + {0.25(TU - 30) ($144.12)}
80 - up DU 23.15 ($144.12) + {0.20(TU - 80) ($144.12)}
Commerical
Industrial
Note: DU = Dwelling Unit
TU = Total Units
SF = Building Square Foot
$144.12 per acre + 0.078 per SF
$144.12 per acre + 0.095 per SF
Reduction
Commercial and industrial structures shall be granted a $0.01 reduction in the special tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a $0.01 reduction (not cumulative) in special tax for each separate floor above or below the main ground floor of the structure.
Resolution No. FD 2022-XXX - Page 4 of 5
ATTACHMENT 1
EXHIBIT "B"
MAXIMUM SPECIAL TAX FOR FISCAL YEAR 2022/23 IN
MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Per Capita Cost of Fiscal Year Maximum Special Tax
Living Change 2021/22 Base Fiscal Year 2022/23
1.0755% $185.21 DU $199.19 DU
Maximum Annual Special Tax
Structures Fiscal Year 2022/23
Residential $199.19 per DU
Multi-Family Residential 2 DU 1.75 ($199.19)
3 DU 2.25 ($199.19)
4 DU 2.65 ($199.19)
5 - 14 DU 2.65 ($199.19) + {0.35 (TU-4) ($199.19)}
15 - 30 DU 6.15 ($199.19) + {0.30(TU - 14) ($199.19)}
31 - 80 DU 10.65 ($199.19) + {0.25(TU - 30) ($199.19)}
80 - Up DU 23.15 ($199.19) + {0.20(TU - 80) ($199.19)}
Commerical
Industrial
Note: DU = Dwelling Unit
TU = Total Units
SF = Building Square Footage
($199.19) per acre + (0.103) per SF
($199.19) per acre + (0.128) per SF
ANNUAL ADJUSTMENT
The maximum Special Tax shall be annually adjusted commencing on July 1, 2022, and each July 1 st thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser.
Resolution No. FD 2022-XXX - Page 5 of 5
ATTACHMENT 1
REDUCTION IN SPECIAL TAX
Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure.
LIMITATION ON SPECIAL TAX LEVY
The Special Tax shall only be levied on developed property; provided that the Special Tax shall not be levied until a “Certification of Occupancy” or “Utility Release” has been issued by the appropriate governmental agencies.
Developed property is defined to be property:
•Which is not owned by a public or governmental agency
•Which is not vacant
•Where a certificate of occupancy or utility release from the City of Rancho Cucamonga or the County of San Bernardino has been issued
•Which has an existing building or structure onsite
•Which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities – these properties are exempt. Areas granted as easements to power transmission towers, railroad tracks, and flood control facilities shall be subtracted from the total acreage of the underlying lot and shall be exempt.
The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax.
For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services – Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District.
ATTACHMENT 2
RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT
MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 85-1
(FOOTHILL FIRE PROTECTION DISTRICT)
ANNUAL STATUS REPORT
AUGUST 2022
Community Facilities District No. 85-1 1 Fiscal Year 2022/23 ATTACHMENT 2
BACKGROUND
On December 10, 1985, the electors within the boundary of Community Facilities District No. 85-1 (CFD No. 85-1) the Rancho Cucamonga Fire Protection District (formerly Foothill Fire Protection District, the “District”) voted in favor of a proposition to authorize the levy of a special tax for fire suppression services and facilities, to establish an appropriations limit and to annually adjust the special tax and appropriations limit based upon changes in the cost of living and changes in population. CFD No. 85-1 is bounded generally on the north by the 210 Freeway, on the east by Etiwanda, on the south by 4th and on the west by Archibald.
The maximum special tax shall be annually adjusted for the lesser of (a) changes in cost of living; or (b) changes in the cost of living and changes in population as defined in Section 7901 of the Government Code, as amended. It has been determined that there are sufficient revenues available in the CFD No. 85-1 to meet all financial obligations without an increase to the CFD No. 85-1 for Fiscal Year 2022/23. The maximum tax rate which could be levied is adjusted per the March Consumer Price Index for all Urban Consumers (CPI-U), for the Riverside – San Bernardino – Ontario Consumer Price Index area.
The change in the Cost of Living is 1.0755% for Fiscal Year 2022/23.
Community Facilities District No. 85-1 2 Fiscal Year 2022/23 ATTACHMENT 2
COMMUNITY FACILITIES DISTRICT NO. 85-1
(FOOTHILL FIRE PROTECTION DISTRICT)
ANNUAL SPECIAL TAX FOR FISCAL YEAR 2022/23
Structures Actual Annual Special Tax
Residential $144.12 per DU
Multi-Family Residential 2 DU 1.75 ($144.12)
3 DU 2.25 ($144.12)
4 DU 2.65 ($144.12)
5 - 14 DU 2.65 ($144.12) + {0.35 (TU-4) ($144.12)}
15 - 30 DU 6.15 ($144.12) + {0.30(TU - 14) ($144.12)}
31 - 80 DU 10.65 ($144.12) + {0.25(TU - 30) ($144.12)}
80 - up DU 23.15 ($144.12) + {0.20(TU - 80) ($144.12)}
Commerical
Industrial
Note: DU = Dwelling Unit
TU = Total Units
SF = Building Square Foot
$144.12 per acre + 0.078 per SF
$144.12 per acre + 0.095 per SF
Reduction
Commercial and industrial structures shall be granted a $0.01 reduction in the special tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a $0.01 reduction (not cumulative) in special tax for each separate floor above or below the main ground floor of the structure.
Community Facilities District No. 85-1 3 Fiscal Year 2022/23 ATTACHMENT 2
COMMUNITY FACILITIES DISTRICT NO. 85-1
(FOOTHILL FIRE PROTECTION DISTRICT)
PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year
2022/23 Budget
Sources
Taxes:
Estimated Assessments, Net of Estimated Delinquencies 6,313,910$ Anticipated Prior Year Delinquencies Collection 57,450
Subtotal - Taxes 6,371,360
Interest Revenue 20,950
Transfers In 1,240,940
Total Proposed Sources 7,633,250
Uses
Communications 406,650
Fire Suppression 7,536,140
Fire Station Operations and Maintenance 127,500
Capital Expenditures 855,000
Admin./General Overhead 329,070
Total Proposed Uses 9,254,360
Contribution to/(Use of) Fund Balance (1,621,110)$
Community Facilities District No. 85-1 4 Fiscal Year 2022/23 ATTACHMENT 2
Resolution No. FD 2022-XXX - Page 1 of 4
ATTACHMENT 3
RESOLUTION NO. FD 2022-XXX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO
COUNTY, CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL YEAR 2022/23
WHEREAS,the Board of Directors of the Rancho Cucamonga Fire Protection District, California, (formerly Foothill Fire Protection District, hereinafter referred to as the "legislative body"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. This community facilities district shall hereinafter be referred to as Community Facilities District No. 88-1 (hereinafter referred to as the "CFD No. 88-1"); and
WHEREAS,this legislative body, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said CFD No. 88-1, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year and to adjust the maximum special tax authorization to be levied.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HEREBY RESOLVES:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2022/23 for the referenced CFD No. 88-1 is hereby determined and established as set forth in the attached, referenced, and incorporated Exhibit "A".
SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the CFD No. 88-1.
SECTION 4: That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:
A. Payment of principal and interest on any outstanding authorized bonded indebtedness, if any; B. Necessary replenishment of bond reserve funds or other reserve funds, including sinking funds; C. Payment of costs and expenses of authorized public facilities and public services, including the administration of the special tax levy; and
D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose.
SECTION 5: That the maximum authorized special tax rates for all developed properties are hereby adjusted pursuant to Ordinance No. 17. The maximum authorized special tax rates are set forth in the attached, referenced, and incorporated Exhibit "B".
SECTION 6: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in
Resolution No. FD 2022-XXX - Page 2 of 4
ATTACHMENT 3
cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.
SECTION 7: All monies above collected shall be paid into the CFD No. 88-1 funds, including any bond fund and reserve fund.
SECTION 8: The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked "public improvements," "special tax" or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax reference is made to the attached Exhibit "A".
SECTION 9: The County Auditor shall then, at the close of the tax collection period, promptly render to the Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.
PASSED, APPROVED, AND ADOPTED this 17th day of August 2022.
Resolution No. FD 2022-XXX - Page 3 of 4
ATTACHMENT 3
EXHIBIT "A"
SPECIAL TAX FOR FISCAL YEAR 2022/23 IN
COMMUNITY FACILITIES DISTRICT NO. 88-1
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
SPECIAL TAX LEVY SPECIAL TAX LEVY
TAXING CLASSIFICATION FISCAL YEAR 2021/22 FISCAL YEAR 2022/23
1. DEVELOPED PROPERTY
A. Residential Class I $144.12 $144.12
(more than 3,590 SF)
B. Residential Class II 110.86 110.86
(3,077 to 3,589 SF)
C. Residential Class III 88.69 88.69
(2,564 to 3,076 SF)
D. Residential Class IV 77.60 77.60
(2,308 to 2,563 SF)
E. Residential Class V 66.52 66.52
(2,051 to 2,307 SF)
F. Residential Class VI 60.97 60.97
(1,795 to 2,050 SF)
G. Residential Class VII 55.43 55.43
(less than 1,795 SF)
Commerical/Industrial Property $221.72 per acre or $0.061 $221.72 per acre or $0.061 per sq.ft of building area, per sq.ft of building area, whichever is greater whichever is greater
2. APPROVED PROPERTY $99.77 per lot or parcel $99.77 per lot or parcel
3. VACANT PROPERTY $5.54 per acre $5.54 per acre
SF = Square Feet
Resolution No. FD 2022-XXX - Page 4 of 4
ATTACHMENT 3
EXHIBIT "B"
SPECIAL TAX FOR FISCAL YEAR 2022/23 IN
COMMUNITY FACILITIES DISTRICT NO. 88-1
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
MAXIMUM SPECIAL TAX RATE
TAXING CLASSIFICATION FISCAL YEAR 2021/22 FISCAL YEAR 2022/23
1. DEVELOPED PROPERTY
A. Residential Class I $1,566.64 $1,684.92
(more than 3,590 SF)
B. Residential Class II 1,201.30 1,291.99
(3,077 to 3,589 SF)
C. Residential Class III 958.66 1,031.03
(2,564 to 3,076 SF)
D. Residential Class IV 840.26 903.69
(2,308 to 2,563 SF)
E. Residential Class V 719.05 773.33
(2,051 to 2,307 SF)
F. Residential Class VI 664.14 714.28
(1,795 to 2,050 SF)
G. Residential Class VII 599.74 645.02
(less than 1,795 SF)
Commerical/Industrial Property $2,411.27 per acre or $0.19492 $2,593.32 per acre or $0.20964 per sq.ft of building area, per sq.ft of building area, whichever is greater whichever is greater
2. APPROVED PROPERTY $200 per lot or parcel $200 per lot or parcel
3. VACANT PROPERTY $10.00 per acre $10.00 per acre
SF = Square Feet
NOTE: Escalation of maximum special rate. Calculation formula Fiscal Year 2022/23.
Population CPI*
Change Change Factor
1 X 1.0755 = 1.0755
*CPI - California Per Capita Personal Income
ATTACHMENT 4
RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT
MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 88-1
(FIRE PROTECTION DISTRICT)
ANNUAL STATUS REPORT
AUGUST 2022
Community Facilities District No. 88-1 1 Fiscal Year 2022/23 ATTACHMENT 4
BACKGROUND
On April 4, 1989, the qualified voters approved the formation of Mello-Roos Community Facilities District No. 88-1 (“CFD No. 88-1”) and authorized CFD No. 88-1 to annually levy a special tax to provide for fire protection services within northeast Etiwanda. On May 19, 1989, the Board of Directors of the Rancho Cucamonga Fire Protection District (formerly Foothill Fire Protection District) adopted an Ordinance authorizing the CFD No. 88-1, by Resolution, to annually levy a special tax in CFD No. 88-1 for purposes of land acquisition, fire station construction, purchase of equipment and operations and maintenance costs for fire protection services. CFD No. 88-1 is located within the boundaries of Highland, Cherry, Day Creek Channel and the San Bernardino National Forest.
For Fiscal Year 2022/23, staff has determined that there are sufficient revenues available to meet all financial obligations; hence, there will be no increase in the actual assessment rate for CFD No. 88-1 for Fiscal Year 2022/23. The maximum special tax shall be annually adjusted for changes in cost of living; or changes in the cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser.
The change in the cost of living and changes in population is 1.0755% for Fiscal Year 2022/23.
Community Facilities District No. 88-1 2 Fiscal Year 2022/23 ATTACHMENT 4
COMMUNITY FACILITIES DISTRICT NO. 88-1
(FIRE PROTECTION DISTRICT)
ANNUAL SPECIAL TAX FISCAL YEAR 2022/23
SPECIAL TAX LEVY SPECIAL TAX LEVY
TAXING CLASSIFICATION FISCAL YEAR 2021/22 FISCAL YEAR 2022/23
1. DEVELOPED PROPERTY
A. Residential Class I $144.12 $144.12
(more than 3,590 SF)
B. Residential Class II 110.86 110.86
(3,077 to 3,589 SF)
C. Residential Class III 88.69 88.69
(2,564 to 3,076 SF)
D. Residential Class IV 77.60 77.60
(2,308 to 2,563 SF)
E. Residential Class V 66.52 66.52
(2,051 to 2,307 SF)
F. Residential Class VI 60.97 60.97
(1,795 to 2,050 SF)
G. Residential Class VII 55.43 55.43
(less than 1,795 SF)
Commerical/Industrial Property $221.72 per acre or $0.061 $221.72 per acre or $0.061 per sq.ft of building area, per sq.ft of building area, whichever is greater whichever is greater
2. APPROVED PROPERTY $99.77 per lot or parcel $99.77 per lot or parcel
3. VACANT PROPERTY $5.54 per acre $5.54 per acre
SF = Square Feet
Community Facilities District No. 88-1 3 Fiscal Year 2022/23 ATTACHMENT 4
COMMUNITY FACILITIES DISTRICT NO. 88-1
(FIRE PROTECTION DISTRICT)
PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year
2022/23 Budget
Sources
Taxes:
Estimated Assessments, Net of Estimated Delinquencies 413,070$ Anticipated Prior Year Delinquencies Collection 8,950
Subtotal - Taxes 422,020
Transfers In 2,322,900
Total Proposed Sources 2,744,920
Uses
Communications 101,670
Fire Suppression 2,473,140
Fire Station Operations and Maintenance 40,000
Admin./General Overhead 130,110
Total Proposed Uses 2,744,920$
Community Facilities District No. 88-1 4 Fiscal Year 2022/23 ATTACHMENT 4
DATE:August 17, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jason Welday, Director of Engineering Services/City Engineer SUBJECT: Consideration of a Resolution Adopting the Measure “I” Five-Year Capital Improvement Plan Covering Fiscal Years 2022/2027. (RESOLUTION NO. 2022-120) (CITY)
RECOMMENDATION:
Staff recommends that the City Council adopt the attached resolution approving the Local Measure I Five-Year Capital Improvement Plan covering Fiscal Years 2022/23 through 2026/27 and adopting the attached Measure I Capital Improvement Plan Expenditure Strategy as requested by the San Bernardino County Transportation Authority (SBCTA) to provide a public record of the intended use of Local Measure I funds.
BACKGROUND:
Measure I, the county-wide transportation sales tax program, requires that each local jurisdiction receiving revenues from the program annually adopt a Five-Year Capital Improvement Plan (Plan) which outlines the specific projects and anticipated costs for which Measure I funds will be used.
In addition to adopting the Plan, the City is required by San Bernardino County Transportation Authority (SBCTA) Policy No. 40003 to annually acknowledge the requirement to meet the minimum General Fund Maintenance of Effort (MOE) level approved by both the City Council and SBCTA Board in February and March 2016 respectively. The required MOE level for Fiscal Year 2022/23 is $2,225,757.
ANALYSIS:
Staff has prepared the Plan (Attachment 1 – Exhibit A) for consideration by the City Council. Upon adoption of the resolution, the plan will be kept on file with the San Bernardino County Transportation Authority (SBCTA) for informational purposes. The Plan includes pavement rehabilitation, traffic signal and striping improvements, and concrete repairs and improvements in Fiscal Year 2022/23 and aligns with the adopted Fiscal Year 2022/23 Budget. In addition to the Plan, the City is required to adopt the attached Measure I Capital Improvement Plan Expenditure Strategy (Attachment 1 – Exhibit B). This strategy is a narrative policy statement estimating the types of projects Local Measure I Funds are to be used for and the percentage of funds allocated for each type of project.
FISCAL IMPACT:
Approval of this item will meet SBTCA Five-Year Capital Improvement Plan, MOE, and Expenditure Strategy requirements allowing the City to continue receiving Measure “I” funding.
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COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s vision for the City by ensuring the construction of high quality public improvements that promote a world class community.
ATTACHMENTS:
Attachment 1 - Resolution
Resolution No. 2022-XXX - Page 1 of 3
RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCA MONGA, CALIFORNIA
ADOPTING THE MEASURE I FIVE-YEAR CAPITAL
IMPROVEMENT PLAN FOR FY2022/2023 THROUGH
FY2026/2027
WHEREAS, San Bernardino County voters appr oved passage of Measure I in November 2004, authorizing the San Bernar dino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvement and traffic m anagement programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
WHEREAS, California Public Utilities Co de 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain G eneral Fund expenditures for transportation- related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Rancho Cucamonga is $2,225,757.
NOW,
THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA HER EBY RESOLVES, that the Measure I Five-Year Capital Improvement Plan, atta ched to this resolution as Exhibit A, and the Measure I Capital Improvement Plan Expenditure St rategy – Fiscal Year 2022/23 thru 2026/27 (Exhibit B) are hereby adopted.
PASSED, APPROVED, AND ADOPTED this 17th day of August 2022.
ATTACHMENT 1
Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
6/30/22 Carryover Balance $4,870,283.00
FY2022/23 Est. Revenue FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue Total Est. Rev. $4,493,258 $4,522,285 $4,522,405 $4,560,432 $4,602,438 $22,700,818 Projects:
Local Street Rehabilitation - Citywide No No 0.0% 0.0% $5, 220,000 $600,000 $600,000 $600,000 $600,000 $600,000 $3,000,000 ADA Corrective Measures - Citywide No No 0.0% 0.0% $355,000 $355,000 $355,000 $355,000 $355,000 $355,000 $1,775,000 Concrete Contract Services - Maintenance Citywide No No 0.0% 0.0% $5,618,150 $100,000 $100,000 $100,000 $100,000 $100,000 $500,000 Banyan Street Pavement Rehabilitation - Haven to Rochester No No 0.0% 0.0% $1, 310,000 $550,000 $0 $0 $0 $0 $550,000 Lemon Avenue Pavement Rehabilitation - Haven to Marbella No No 0.0% 0.0% $645,000 $645,000 $0 $0 $0 $0 $645,000 Fiber Leasing - Traffic Signal Operations No No 0.0% 0.0% $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $150,000 Major Traffic Signal Repairs No No 0.0% 0.0% $170,100 $170,100 $175,000 $175,000 $175,000 $175,000 $870,100 Signal Contract Services - Maintenance Citywide No No 0.0% 0.0% $843,090 $843,090 $850,000 $850,000 $850,000 $850,000 $4,243,090 Striping Contract Services - Maintenance Citywide No No 0.0% 0.0% $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $750,000 Rochester Avenue Rehabilitation - 6th to Arrow No No 0.0% 0.0% $1, 852,400 $125,000 $0 $0 $0 $0 $125,000 Rochester Avenue Rehabilitation - Highland to Wilson No No 0.0% 0.0% $450,000 $0 $450,000 $0 $0 $0 $450,000 Arrow Route Rehabilitation - Etiw anda to E. City Limit No No 0.0% 0.0% $675,000 $0 $675,000 $0 $0 $0 $675,000 6th Street Rehabilitation - Haven to Cleveland No No 0.0% 0.0% $550,000 $0 $550,000 $0 $0 $0 $550,000 Highland Avenue Rehabilitation - Archibald to Amethyst No No 0.0% 0.0% $640,000 $0 $640,000 $0 $0 $0 $640,000 Highland Avenue Rehabilitation - Carnelian to W. City Limit No No 0.0% 0.0% $550,000 $0 $550,000 $0 $0 $0 $550,000 Arrow Route Rehabilitation - Oakwood to Victory No No 0.0% 0.0% $575,000 $0 $0 $575,000 $0 $0 $575,000 Arrow Route Rehabilitation - Grove to Baker No No 0.0% 0.0% $850,000 $0 $0 $850,000 $0 $0 $850,000 Arrow Route Rehabilitation - Ramona to Hermosa No No 0.0% 0.0% $350,000 $0 $0 $350,000 $0 $0 $350,000 Arrow Route Rehabilitation - Red Oak to Haven No No 0.0% 0.0% $410,000 $0 $0 $450,000 $0 $0 $450,000 $3,568,190 $5,125,000 $4,485,000 $2,260,000 $2,260,000 $17,698,190 Total Programming is currently 64% Total Estimated Programming: $17,698,190 Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Projects Total:
Rancho Cucamonga
Current
Estimate
Current
Estimate TotalCurrent
Estimate
Current
Estimate
Current
Estimate
(Must not exceed 150% of Carryover Balance
+ Total Estimated Revenue)
Jurisdiction:2022-XXX
17-Aug-22
Jason Welday/City Engineer
(909) 774-4011
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027
EXHIBIT A
Resolution No. 2022-XXX - Page 2 of 3
Resolution No. 2022-XXX - Page 3 of 3
CITY OF RANCHO CUCAMONGA
MEASURE I CAPITAL IMPROVEMENT PLAN
EXPENDITURE STRATEGY
Fiscal Year 2022/2023 thru 2026/2027
Each jurisdiction shall adopt a Measure I Capital Improvement Plan Expenditure Strategy as part of the annual C apital Improvement Plan adoption. The Expenditure Strategy is not intended to be a narrative description of the proj ects listed in the Capital Improvement Plan. Instead, the Expenditure Stra tegy should provide the policy approach adopted by the Council for t he expenditure of Measure I funds. The jurisdictional Expenditure Strategy provides an opportunity to document circumstances or analyses which are not ot herwise apparent when reviewi ng the Measure I Capital Improvement Plan.
You must include the strategy as part of the annual Capital Improvement Plan adopted by your governing body.
The Measure I Capital Improvement Plan Expend iture Strategy for the expenditure of Measure I funds will use the City’s General Plan Circulation Elem ent as its basis.
The City currently has an estimated carryover balance of approximately $4.9 million in the Measure I Local Street fund and anticipates approxim ately $4.5 million in new revenue for Fiscal Year 2022/23. In this next fiscal year, the City is planning to use approximately $3.6 million on local street capital projects and programs as follows:
Type of Improvement Estimated Cost
FY 2022/23
Percentag e
Maintenance, Rehabilitation, and Repair of
Existing Roadways $1.9 million 53%
Traffic Signal Improvements, Pavement
Stripin
g, and Maintenance $1.2 million 33%
Concrete Services (ADA, Repairs and
Sidewalks
) $500,000 14%
The remaining revenue estimated at appr oximately $900,000 is being accumulated for future projects. Over the Five-Year Plan it is anticipated that the funds will be allocated in the following manner:
Type of Improvement Estimated Cost
FY 2022/23 – 2026/27
Percentage
Maintenance, Rehabilitation, and Repair of
Existin
g Roadways $9.4 million 53%
Traffic Signal Improvements, Pavement
Stripin
g, and Maintenance $6.0 million 34%
Concrete Services (ADA, Repairs and
Sidewalks
) $2.3 million 13%
EXHIBIT B
DATE:August 17, 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 Linda Ceballos, Environmental Programs Manager
SUBJECT: Public Hearing to Consider a Resolution to Set Residential and Commercial Solid Waste Collection Rates Within the City of Rancho Cucamonga. (RESOLUTION NO. 2022-121) (CITY)
RECOMMENDATION:
Staff recommends the City Council adopt a resolution approving the proposed solid waste rate adjustment request from Burrtec Waste Industries (Burrtec) to address increased services costs related to Senate Bill 1383 for residential, industrial, and commercial accounts.
BACKGROUND:
Senate Bill 1383 (SB 1383) was signed into law in September 2016 to help reduce short-lived climate pollutants and address climate change. California Department of Resources Recycling and Recovery (CalRecycle) has found that 50% of the waste California disposes in landfills is organic waste. According to CalRecycle, 20% of California’s methane emissions come from landfills and organics such as food scraps, yard trimmings, paper, and cardboard. The state legislature and CalRecycle see SB 1383 as an opportunity for implementing widespread change and reduction in short-lived climate pollutants. To meet the statewide goal of reducing 75% of organic waste disposal by 2025, the state developed regulations that require local jurisdictions to adopt and enforce organic waste recycling beginning January 1, 2022.
The City Council recently adopted Ordinance 989, adding Chapter 8.15 (Mandatory Organics Waste Disposal Reduction) to Title 8 Health and Safety of the Rancho Cucamonga Municipal Code, incorporating the requirements of SB1383. In addition to the ordinance, some of the SB 1383 requirements have already been implemented, including mandatory food waste recycling for businesses and procurement of recycled organic products, like mulch and compost, in City landscape areas.
Some of the new programs the City is now required to implement for SB 1383 compliance include residential collection of food waste for both single-family and multi-family residents, a new procurement policy to include specific tracking and record keeping requirements for procurement of recycled organic waste products, and edible food recovery program for Tier I and Tier II edible food generators. Additionally, the City is required to implement expanded record keeping, enforcement, route reviews, waste audits, and outreach and education. Many of these services require additional efforts by Burrtec, the City’s franchise waste hauler.
As a result of the new requirements, Burrtec has submitted a written request to the City to adjust
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rates and amend the franchise agreement to incorporate SB 1383 requirements. The off-cycle rate adjustment submittal has been reviewed by staff and additionally by a consultant to ensure it is in accordance with the terms of the agreed upon methodology. Consideration of the requested franchise agreement amendment is being considered separately on this agenda.
ANALYSIS:
Burrtec’s request for an amendment to the agreement and rate adjustment was prompted by the prescriptive requirements of SB 1383 and the City’s obligation to be in compliance with the regulation. The City has not yet implemented citywide collection of residential food waste or set rates that included these expanded services. Commercial food waste collection has been in place since 2011, however, the current commercial rates only cover the cost of collection and disposal, and do not include SB 1383 related requirements, such as edible food recovery program, procurement requirements, or expanded record keeping, route reviews, or education and outreach. Because SB 1383 requirements are new, there is some uncertainty regarding the stability of processing costs, as well as costs associated with implementing the requirements. The City and Burrtec have had extensive discussions related to cost impacts of SB 1383 and the challenges of the current rate methodology.
The existing rate structure, methodology, and rate period in the Burrtec agreement do not provide the ability to address the added costs to comply with the new SB 1383 requirements. It is, therefore necessary to adjust the rate methodology and structure to fund the additional SB 1383 requirements, including the implementation of residential food waste collection for all residents.
The second amendment to the Integrated Solid Waste Management Services Agreement, also being considered on this agenda incorporates the service requirements for SB 1383 as well as provide the mechanism to address the necessary changes to the rate structure, methodology, and rate period. The changes are incorporated into the proposed rates and are described below.
Off Cycle Rate Adjustment in 2022
The amendment includes an off-cycle rate adjustment in 2022 to adjust rates to include residential and multi-family food waste collection, adjust landfill and disposal costs, add the new SB1383 fee and new services related to SB1383 requirements, and adjust the HHW fee. It should be noted that the off-cycle rate adjustment does not include adjustments to Burrtec’s direct service costs such as labor and equipment to provide and manage hauling services.
SB 1383 Compliance Fee
The SB 1383 fee would cover the costs of the SB 1383 requirements that are not service related, such as, edible food recovery program, procurement of recovered organic products, outreach, record keeping, and enforcement. Due to the unknown nature of starting a new citywide program with limited historical information, the SB 1383 fee has been estimated and will be adjusted in future rate reviews as more information is available. The SB 1383 fee does not include costs for hauling, disposal, and processing of organic products, which because of their nature are included in the solid waste service component and disposal and processing cost components of the rate.
See Attachment 2 for a summary of the costs included in the SB 1383 Compliance Fee.
HHW Fee
The proposed rates include an increase to the Household Hazardous Waste Disposal Fee, from
0.75% to 1.75%. The 1% increase would offset the costs associated with the growing cost of household hazardous waste disposal. This program has been successfully utilized by hundreds of residents each week for many years and works to eliminate illegal dumping and improper disposal of hazardous waste products from homes in the City, resulting in safer and healthier living for City residents.
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Rate Period
The amendment maintains the 24-month rate review cycle but would permit Burrtec to request an additional increase for each upcoming off-cycle year based on projected cost increases. Each 24- month rate review would include a look-back review to determine if the immediate prior mid-cycle increase aligned with actual cost increases for that year. Any variation found in the look-back review would be accounted for in the next rate review.
Rate Methodology
The proposed methodology for calculating rates includes the pass through of landfill, disposal costs, franchise fee, and HHW fee. The rate review methodology would also include the previously mentioned look-back provision on the disposal and processing costs as well as the SB 1383 fee, at the start of each rate review period. Rate stabilization and carry forward of previously capped disposal and processing costs would be eliminated as unnecessary with the removal of the cap on these elements of the rate. The 2023 rate packet would include 2023 actual increases and the 2024 estimates for Proposition 218 public hearing process.
City staff and a third-party consultant reviewed the proposed rate adjustment to ensure accuracy.
Additionally, the Public Works Subcommittee reviewed the amendment and the proposed SB 1383 rate adjustment on June 21, 2022.
Consultant’s Review of Proposed Rates
The consultant found in calculating the per cubic yard recycling rate for bin service, that Burrtec included a carry-over rate stabilization fee. Removing this carry-over rate reduces the recycling bin per cubic yard rate by $0.01/CY from $3.55/CY to $3.54/CY. This change has been acknowledged by Burrtec and resulted in a small reduction in the overall rates. Also, the original submittal that was presented by Burrtec had the disposal costs at $50.88 per pound, however, the Material Recovery Facility has their rates set to $49.00. The public hearing notices were mailed out before this discrepancy was captured. Once corrected the rates were overall less than what was proposed on the public hearing notice.
Proposed Off-Cycle Rate Adjustment
The proposed adjusted rate for standard residential barrel service has the most significant increase due to the implementation of food waste collection as displayed in chart below. The proposed adjusted rate for standard residential barrel service includes the implementation of food waste collection. Under the new program, residents will place food waste in a plastic bag(s) and place the bagged food waste in green waste barrel for regular collection. The bags of food waste will then be removed from the load at the Material Recovery Facility for processing as compost.
This methodology for collection and processing of food waste was selected after a review of options that would meet the requirements of SB 1383. This alternative reduces the number of carts needed in residential areas for separate collection while also seeking to minimize the cost for processing. Given the large volume of landscape waste generated in the City, mixing food waste directly with the traditional green waste would dramatically increase the processing costs as the entire combined volume would need to be processed as compost at a much higher per ton cost.
It should be noted that the increase in rates was tempered slightly by a reduction in the commercial and recycling compactor service rates. These rates decreased by an average of 2% due to the lower processing costs from the previous year.
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3 5
Account Type Current Rate Proposed Rate
Adjusted
Difference
Residential $29.01 $34.81 19.99%
Senior Residential $19.44 $23.32 19.95%
Multi-Family Barrel $27.76 $29.53 6.37%
Multi-Family Bin* $249.88 $264.88 6.00%
Commercial* $249.88 $252.42 1.02%
* Multi-family bin and commercial rates vary by bin size and frequency of service.
All proposed rates are displayed in Attachment 1, which was distributed with the public hearing notification and included the proposed rates at the time of mailing. However, the attached resolution includes the corrections to the proposed rates as described above and reflects the lower rates that would be charged to Burrtec customers if approved.
The City has provided the required forty-five (45) day notification to the public in accordance with Proposition 218 by publishing notice of this hearing on July 1, 2022 in the Inland Valley Daily Bulletin, a local newspaper of general circulation, as well as a separate mailing to each residential and commercial address on July 1, 2022. The proposed revised rates have also been available for public review in the City Clerk's Office. As of August 5, 2022, staff received a total of 43 inquiries, and 15 written protests.
FISCAL IMPACT:
The City receives a franchise fee from Burrtec, paid quarterly, which equals fifteen percent (15%) of the gross receipts received by Burrtec as well as a pass-through of the HHW fee. The franchise fee amount is expected to change as the proposed adjusted rate is revised. The increase in the HHW fee will assist to offset the City’s cost in providing the HHW program and operating the facility.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
The agreement would meet the City Council’s goal of intentionally embracing and anticipating the future, by actively providing the opportunity to recycle food waste, and meeting the state’s requirements.
ATTACHMENTS:
Attachment 1 – Exhibit ‘A’- Proposed Solid Waste Collection Rate Attachment 2 – Senate Bill 1383 Cost Breakdown
Attachment 3 – Resolution 2022-121
Current Rate
Proposed
Rate Current Rate
Proposed
Rate
Residential Barrel Service Commercial Trash & Recycling Bin Service Includes 1 barrel each for trash, recycling, green waste Includes 1 trash & 1 recycling bin, same size & frequency Residential customers are billed every 2 months Size Freq Standard 29.01$ 34.81$ 1.5 yrd 1 142.50$ 144.72$ * Senior 19.44$ 23.32$ 1.5 yrd 2 222.07$ 224.86$ * Primary acct holder 60yr, of age or older are eligible to apply 1.5 yrd 3 300.46$ 303.81$ 35-Gallon Barrel 23.41$ 24.28$ 1.5 yrd 4 379.53$ 383.44$ Multi-Family-Per-Unit 27.76$ 29.53$ 1.5 yrd 5 458.59$ 463.09$ Additional Trash Barrel 8.09$ 8.19$ 1.5 yrd 6 538.24$ 543.32$ Additional Recycling Barrel 1.63$ 1.65$ 2 yrd 1 164.47$ 166.74$ Additional Green Waste Barrel 4.18$ 4.23$ 2 yrd 2 264.87$ 267.81$ Backyard Pull-Out Service 54.34$ 54.99$ 2 yrd 3 365.64$ 369.19$ Bear Proof Barrel (+ Regular Barrel) 15.10$ 15.28$ 2 yrd 4 464.27$ 468.41$ Temporary Bins 117.38$ 118.79$ 2 yrd 5 562.93$ 567.66$ Dump and Return 117.38$ 118.79$ 2 yrd 6 662.22$ 667.57$ Bulky Items (in excess of 4 collections/5 items per collection) 3 yrd 1 207.38$ 209.80$ - Trip Charge 34.00$ 34.41$ 3 yrd 2 340.96$ 343.87$ - Per Item Charge 12.47$ 12.62$ 3 yrd 3 475.28$ 478.71$ 3 yrd 4 609.10$ 613.06$
Residential Trash Bin Service (incl Recycling & Organics Service) 3 yrd 5 742.92$ 747.40$ Size Freq 3 yrd 6 877.46$ 882.44$
1.5 yrd 1 142.50$ 157.18$ 4 yrd 1 249.88$ 252.42$
1.5 yrd 2 222.07$ 237.32$ 4 yrd 2 421.74$ 424.78$
1.5 yrd 3 300.46$ 316.26$ 4 yrd 3 593.33$ 596.89$
1.5 yrd 4 379.53$ 395.89$ 4 yrd 4 764.84$ 768.88$
1.5 yrd 5 458.59$ 475.54$ 4 yrd 5 936.31$ 940.84$
1.5 yrd 6 538.24$ 555.77$ 4 yrd 6 1,108.11$ 1,113.15 $ 2 yrd 1 164.47$ 179.20$ 6 yrd 1 317.39$ 319.69$ 2 yrd 2 264.87$ 280.26$ 6 yrd 2 563.59$ 566.37$ 2 yrd 3 365.64$ 381.65$ 6 yrd 3 809.80$ 813.05$ 2 yrd 4 464.27$ 480.86$ 6 yrd 4 1,056.34$ 1,060.06 $ 2 yrd 5 562.93$ 580.12$ 6 yrd 5 1,302.55$ 1,306.70 $ 2 yrd 6 662.22$ 680.02$ 6 yrd 6 1,548.67$ 1,553.32 $ 3 yrd 1 201.45$ 216.17$
3 yrd 2 337.99$ 353.30$
3 yrd 3 474.57$ 490.46$ Commercial Trash & Recycling Barrel Service 3 yrd 4 585.60$ 601.39$ Rate includes 1 trash & 1 recycling barrel 3 yrd 5 714.28$ 730.46$ Size Freq
3 yrd 6 843.71$ 860.26$ 95Gal 1 35.75$ 36.20$ 95Gal 2 57.82$ 58.37$
Multi-Family Trash & Recycling Bin Service 95Gal 3 80.04$ 80.70$ Size Freq 95Gal 4 102.09$ 102.91$
1.5 yrd 1 142.50$ 157.18$ 95Gal 5 124.11$ 125.13$
1.5 yrd 2 222.07$ 237.32$ 95Gal 6 146.26$ 147.50$
1.5 yrd 3 300.46$ 316.26$
1.5 yrd 4 379.53$ 395.89$
1.5 yrd 5 458.59$ 475.54$ Commercial Compactor Trash with Recycling Bin Service
1.5 yrd 6 538.24$ 555.77$ Includes 1 trash & 1 recycling bin, same size & frequency 2 yrd 1 164.47$ 179.20$ Size Freq
2 yrd 2 264.87$ 280.26$ 3 yrd 1 319.07$ 315.39$ 2 yrd 3 365.64$ 381.65$ 3 yrd 2 527.52$ 517.26$ 2 yrd 4 464.27$ 480.86$ 3 yrd 3 737.07$ 720.30$ 2 yrd 5 562.93$ 580.12$ 3 yrd 4 945.88$ 922.57$ 2 yrd 6 662.22$ 680.02$ 3 yrd 5 1,154.61$ 1,124.72 $ 3 yrd 1 201.45$ 216.17$ 3 yrd 6 1,364.53$ 1,328.11 $ 3 yrd 2 337.99$ 353.30$ 4 yrd 1 385.81$ 379.87$ 3 yrd 3 474.57$ 490.46$ 4 yrd 2 654.06$ 639.12$ 3 yrd 4 585.60$ 601.39$ 4 yrd 3 922.19$ 898.25$ 3 yrd 5 714.28$ 730.46$ 4 yrd 4 1,190.15$ 1,157.23 $ 3 yrd 6 843.71$ 860.26$ 4 yrd 5 1,458.12$ 1,416.17 $ 4 yrd 1 249.88$ 264.88$ 4 yrd 6 1,726.24$ 1,675.28 $ 4 yrd 2 421.74$ 437.24$ 6 yrd 1 513.53$ 502.92$ 4 yrd 3 593.33$ 609.35$ 6 yrd 2 903.89$ 879.47$ 4 yrd 4 764.84$ 781.33$ 6 yrd 3 1,294.15$ 1,255.92 $ 4 yrd 5 936.31$ 953.30$ 6 yrd 4 1,684.27$ 1,632.23 $ 4 yrd 6 1,108.11$ 1,125.61$ 6 yrd 5 2,074.38$ 2,008.53 $ 6 yrd 6 2,464.63$ 2,384.97 $
EXHIBIT A
CITY OF RANCHO CUCAMONGA, CALIFORNIA
2022 PROPOSED REVISED SOLID WASTE RATES
ALL RATES ARE BILLED MONTHLY UNLESS OTHERWISE NOTED
Service Type Service Type
Current
Rate
Proposed
Rate Current Rate
Proposed
Rate
Additional Recycling Bin Service - Existing Accounts Only Green Waste Multi Family / Commercial Bin Service Not available to accounts established after 6/30/2017 Size Freq Size Freq 3 1 181.53$ 188.40$
3 yrd 1 64.53$ 66.08$ 3 2 289.24$ 301.08$ 3 yrd 2 115.91$ 118.82$ 3 3 397.75$ 414.57$ 3 yrd 3 156.33$ 160.52$ 3 4 505.74$ 527.53$ 3 yrd 4 198.41$ 203.86$ 3 5 613.67$ 640.40$ 3 yrd 5 239.36$ 246.07$ 3 6 722.40$ 754.13$ 3 yrd 6 281.63$ 289.61$ Green Waste Multi Family / Commercial Barrels Size Freq
Additional Recycling Services - New Accounts 35Gal 1 n/a 39.08$ new Bin Size Freq 35Gal 2 n/a 64.84$ new
1.5 yrd 1 113.02$ 113.97$ 35Gal 3 n/a 86.28$ new
1.5 yrd 2 163.13$ 164.41$ 35Gal 4 n/a 108.06$ new
1.5 yrd 3 212.05$ 213.66$ 35Gal 5 n/a 138.21$ new
1.5 yrd 4 261.64$ 263.58$ 35Gal 6 n/a 151.06$ new
1.5 yrd 5 311.22$ 313.51$ 65Gal 1 n/a 42.57$ new
1.5 yrd 6 361.40$ 364.05$ 65Gal 2 n/a 71.72$ new 2 yrd 1 125.16$ 126.17$ 65Gal 3 n/a 96.56$ new 2 yrd 2 186.28$ 187.70$ 65Gal 4 n/a 121.74$ new 2 yrd 3 247.75$ 249.56$ 65Gal 5 n/a 155.29$ new 2 yrd 4 307.10$ 309.31$ 65Gal 6 n/a 171.53$ new 2 yrd 5 366.45$ 369.05$ 95Gal 1 45.14$ 46.05$ 2 yrd 6 426.46$ 429.45$ 95Gal 2 76.94$ 78.62$ 4 yrd 1 171.29$ 172.56$ 95Gal 3 104.47$ 106.85$ 4 yrd 2 264.56$ 266.37$ 95Gal 4 132.34$ 135.42$ 4 yrd 3 357.55$ 359.90$ 95Gal 5 168.47$ 172.36$ 4 yrd 4 450.47$ 453.33$ 95Gal 6 187.51$ 192.01$ 4 yrd 5 543.36$ 546.74$
4 yrd 6 636.56$ 640.49$
6 yrd 1 199.51$ 200.86$ Food Waste Service - Bins 6 yrd 2 327.81$ 329.87$ Size Freq
6 yrd 3 455.60$ 458.87$ 2 yrd 1 312.34$ 331.02$ 6 yrd 4 583.38$ 588.24$ 2 yrd 2 574.03$ 610.86$ 6 yrd 5 710.79$ 717.24$ 2 yrd 3 818.86$ 874.23$ 6 yrd 6 838.20$ 846.16$ 2 yrd 4 1,065.21$ 1,139.10$ Barrel Size Freq 2 yrd 5 1,343.19$ 1,435.53$
95Gal 1 n/a 26.95$ new 2 yrd 6 1,555.48$ 1,666.46$ 95Gal 2 n/a 39.86$ new
95Gal 3 n/a 52.92$ new Food Waste Service - Barrels 95Gal 4 n/a 65.89$ new Size Freq
95Gal 5 n/a 78.87$ new 15 Gal 1 n/a 46.50$ new 95Gal 6 n/a 91.96$ new 15 Gal 2 n/a 79.68$ new 15 Gal 3 n/a 108.54$ new
Trash Roll-Off Service 15 Gal 4 n/a 137.74$ new
* 10 Yard 652.49$ 652.70$ 15 Gal 5 n/a 175.32$ new * 20 Yard 652.49$ 652.70$ 15 Gal 6 n/a 195.58$ new * 40 Yard 652.49$ 652.70$ 35 Gal 1 n/a 61.77$ new * 40 Yard Compactor 952.62$ 945.45$ 35 Gal 2 n/a 110.13$ new * Roll-Off and compactor service rate is charged per service 35 Gal 3 n/a 154.16$ new Recycling Roll-Off Service 35 Gal 4 n/a 198.53$ new * 10 Yard - Inert (6Tons) 258.20$ 264.89$ 35 Gal 5 n/a 251.28$ new * 40 Yard - C&D (8Tons) 202.31$ 207.56$ 35 Gal 6 n/a 286.73$ new * 20/40 Yard - Recycling 202.31$ 207.56$ 65 Gal 1 79.92$ 84.62$ * 40 Yard - Recycling Compactor 202.31$ 207.56$ 65 Gal 2 146.54$ 155.75$ * 40 Yard - Wood/Green Waste 202.31$ 207.56$ 65 Gal 3 208.71$ 222.55$ * Roll-Off service rate is charged per service and subject to 65 Gal 4 271.23$ 289.68$ disposal and processing fees charged by ton. Also subject to 65 Gal 5 342.12$ 365.19$ Transportation Fee, if customer request haul to specific location 65 Gal 6 395.67$ 423.40$ Additional Services Push-Out Rates, per container, per service frequency Extra Pick-up (Barrel) 23.31$ 23.59$ Distance Freq Extra Pick-up (Bin) 49.18$ 49.77$ 0 - 25 ft All N/C Extra Pick-up (Compactor) 98.37$ 99.55$ 26 - 50 ft 1 45.03$ 45.57$ Extra Pick-up (FW Barrel) 66.75$ 67.55$ 26 - 50 ft 2 90.06$ 91.14$ Bin Lock 12.95$ 13.11$ 26 - 50 ft 3 135.10$ 136.72$ Steam Clean - Per Container 175.00$ 177.10$ 26 - 50 ft 4 180.14$ 182.30$ Contamination Fee 49.18$ 49.77$ 26 - 50 ft 5 225.16$ 227.86$ Illegal Hauler Impound Fee - Per Day 105.00$ 106.26$ 26 - 50 ft 6 270.20$ 273.44$ Additional Roll Off Services Over 50 ft 1 90.05$ 91.13$ - Dry/Run Relocation Fee 69.85$ 70.69$ Over 50 ft 2 180.12$ 182.28$ Tilthopper Rental 45.30$ 45.84$ Over 50 ft 3 270.17$ 273.41$ End Dump (Hourly Rate) 202.46$ 207.72$ Over 50 ft 4 360.22$ 364.54$ * Subject to actual Disposal & Processing Fees Over 50 ft 5 450.27$ 455.67$ *Roll Off Rental Fee 27.73$ 28.06$ Over 50 ft 6 540.34$ 546.82$ * Per Day after 7 days if not scheduled for weekly service - Flat Bed 395.63$ 400.38$
EXHIBIT A
CITY OF RANCHO CUCAMONGA, CALIFORNIA
2022 PROPOSED REVISED SOLID WASTE RATES
ALL RATES ARE BILLED MONTHLY UNLESS OTHERWISE NOTED
Service Type Service Type
0 !���!:�&,
Rancho
Cucamonga
Cost Estimates
Route Review
Education &
Outreach
Record Keeping
and Compliance
Equipment
Procurement
Cost Description
Route review consistent with container contamination
minimization requirements including, but not limited to field audits, educational material, photographic evidence,
documentation, and waste characterizations $ 0.63
# of Waste Evaluations Planned 6
% of Commercial Customerbase Audited Annually 10.00%
# of Audits Planned 489
Education & outreach in multiple languages on waste generator requirements, prevention of organic waste generation,
acceptable and prohibited materials, methane reduction
benefits, and public health and safety concerns for each business sector through meetings, presentations, and
electronic media $ 0.26
Compilation of more than 15 reporting sections with continued updates to the Implementation Plan $ 0.14
Changes to e:,dsiting equipment required to comply with the regulation $ 0.45
Allocated compost and mulch tons toward achieving
procurement requirements $ -
% of Procurement Target 0.00%
Residential & Commercial Rate per Customer $ 1.48
Commercial Rate per Yard $ 0.38
Residential Rate $ o. 77
ATTACHMENT 3
RESOLUTION NO. 2022-121 - Page 1 of 6
2 7
9 4
RESOLUTION NO. 2022-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, SETTING
RESIDENTIAL AND COMMERCIAL SOLID WASTE AND
RECYCLING COLLECTION RATES WITHIN THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA.
WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted Chapter 8.17 of Title 8 of the Rancho Cucamonga Municipal Code establishing Solid Waste Service Rules and Regulations and authorizing that the rates, fees and charges arising, directly or indirectly, under said legislation be adopted pursuant to resolution, and thereafter, be amended from time to time by resolution; and
WHEREAS, pursuant to the Rancho Cucamonga Municipal Code Sections 8.17.030 and
8.17.040, and agreements between the City of Rancho Cucamonga and Burrtec Waste Industries (“Burrtec”) for the collection, disposal, and processing of residential, and commercial refuse, recyclables, and green waste within the City of Rancho Cucamonga; and, WHEREAS, pursuant to the Rancho Cucamonga Municipal Code Sections 8.17.040, and the agreements, Burrtec has requested a change in the rates to be charged for residential, and commercial collection services, and has provided the City with the financial, operational, and other information; and
WHEREAS, Senate Bill (“SB”) 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. These regulations, adopted in 2020 (“SB 1383 Regulations”), place requirements on multiple entities including the City; single-family residential households; commercial businesses, including multi-family property owners with five or more dwelling units; commercial edible food generators; haulers, including self-haulers; food recovery organizations; and food recovery services to support achievement of statewide organics waste disposal reduction targets. The SB 1383 regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations. Ordinance 989, adding Chapter 8.15 to the Rancho Cucamonga Municipal Code, was adopted on December 2, 2021.
WHEREAS, based upon the amount of the rate changes requested and the information provided by Burrtec pursuant to Rancho Cucamonga Municipal Code Sections 8.17.040 and
8.17.030, the City Council has determined that such changes are justified and appropriate; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
A. Resolution.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and resolve as follows:
Section 1. The facts set forth in the Recitals, of this Resolution, are true and correct.
Section 2.The City Council of the City of Rancho Cucamonga does hereby approve the proposed monthly rates for solid waste collection as follows:
RESOLUTION NO. 2022-121 - Page 2 of 6
2 7
9 4
RESOLUTION NO. 2022-121 - Page 3 of 6
2 7
9 4
RESIDENTIAL RATES:
Residential Barrel Service
Standard $34.81 Additional Green Waste Barrel $4.23
Senior $23.32 Additional Recycling Barrel $1.65
Multi-Family-Per-Unit $29.53 Backyard Pull-Out Service $54.99 35-Gallon Barrel $24.28 Additional Trash Barrel $8.19
Bear Proof Barrel $15.28
Additional Residential Services
Temporary Bins $118.79
Temporary Bins-Extra Pick-Up $118.79
Bulky Items: In excess of four collections/five items per collection Trip Charge $34.41
Per Item Charge $12.62
Residential Single and Multi-Family Bin Service
*Rate includes one refuse bin and one recycling bin of the same size and service frequency.
Bin Size 1X 2X 3X 4X 5X 6X
1.5 CY $157.18 $237.32 $316.26 $395.89 $475.54 $555.77
2 CY $179.20 $280.26 $381.65 $480.86 $580.12 $680.02
3 CY $216.17 $353.30 $490.46 $601.39 $730.46 $860.26
4 CY $264.88 $437.24 $609.35 $781.33 $953.30 $1,125.61
COMMERCIAL RATES:
Commercial Barrel Service-Trash & Recycling Service
Bin Size 1X 2X 3X 4X 5x 6X
95 gallon $36.20 $58.37 $80.70 $102.91 $125.13 $147.50
Additional 65 gal
Recycling Barrel
$1.97 N/A N/A N/A N/A N/A
Commercial Trash and Recycling Bin Service
*Rate includes one refuse bin and one recycling bin of the same size and service frequency.
Bin Size 1X 2X 3X 4X 5X 6X
1.5 CY $144.72 $224.86 $303.81 $383.44 $463.09 $543.32
2 CY $166.74 $267.81 $369.19 $468.41 $567.66 $667.57
3 CY $209.80 $343.87 $478.71 $613.06 $747.40 $882.44
4 CY $252.42 $424.78 $596.89 $768.88 $940.84 $1,113.15
6 CY $319.69 $566.37 $813.05 $1,060.06 $1,306.70 $1,553.32 Green Waste Multi-Family/Commercial Bins
Bin Size 1X 2X 3X 4X 5X 6X
3 CY $188.40 $301.08 $414.57 $527.53 $640.40 $754.13
RESOLUTION NO. 2022-121 - Page 4 of 6
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9 4
Green Waste Multi-Family/Commercial Barrels*
Barrel Size 1X 2X 3X 4X 5X 6X
35 gallon* $39.08 $64.84 $86.28 $108.06 $138.21 $151.06 65 gallon* $42.57 $71.72 $96.56 $121.74 $155.29 $171.53 95 gallon $46.05 $78.62 $106.85 $135.42 $172.36 $192.01 *New Rate
Additional Recycling Bins- Not available for accounts established after June 30, 2017.
Bin Size 1X 2X 3X 4X 5X 6X
3 CY $66.08 $118.82 $160.52 $203.86 $246.07 $289.61
Additional Recycling Bin & Barrel Service-Commercial Accounts Bin Size 1X 2X 3X 4X 5X 6X
95 gallon $26.95 $39.86 $52.92 $65.89 $78.87 $91.96
1.5 CY $113.97 $164.41 $213.66 $263.58 $313.51 $364.05
2 CY $126.17 $187.70 $249.56 $309.31 $369.05 $429.45
4 CY $172.56 $266.37 $359.90 $453.33 $546.74 $640.49
6 CY $200.86 $329.87 $458.87 $588.24 $717.24 $846.16
Commercial Trash and Recycling Compactor Service
Bin Size 1X 2X 3X 4X 5X 6X
3 CY $315.39 $517.26 $720.30 $922.57 $1,124.72 $1,328.11 4 CY $379.87 $639.12 $898.25 $1,157.23 $1,416.17 $1,675.28 6 CY $502.92 $879.47 $1,255.92 $1,632.23 $2,008.53 $2,384.97 ROLL-OFF RATES:
Trash Roll-Offs
*Roll-off service rate is charged per service and subject to market rate disposal and processing fees charged per ton.
10-yard 20-yard 40-yard 40-yard compactor
$652.70 $652.70 $652.70 $945.45
Additional Trash Roll-Off Fees
Dry/Run Relocation Fee $70.69
Rental Fee (per day after seven days $28.06
Flatbed (Hourly Rate)* $400.38
New Rate*
Recycling Roll-Offs
*Roll-off service rate is charged per service and subject to market rate disposal and processing fees charged per ton.
10-yard -Inert
(6 tons)
40-yard – C&D
(8 tons)
20/40-yard
Recycling
40-yard
Recycling
Compactor
40-yard
Wood/Green
Waste
$264.89 $207.56 $207.56 $207.56 $207.56
RESOLUTION NO. 2022-121 - Page 5 of 6
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ADDITIONAL MISCELLANEOUS SERVICE RATES:
Push Out Rates, per container, per service frequency.
1X 2X 3X 4X 5X 6X
26-50 Feet $45.57 $91.14 $136.72 $182.30 $227.86 $273.44 Over 50 Feet $91.13 $182.28 $273.41 $364.54 $455.67 $546.82 Food Waste Service- Barrels
Bin Size 1X 2X 3X 4X 5X 6X
15 gallon* $46.50 $79.68 $108.54 $137.74 $175.32 $195.58 35 gallon* $61.77 $110.13 $154.16 $198.53 $251.28 $286.73 65 gallon $84.62 $155.75 $222.55 $289.68 $365.19 $423.40 2 CY $331.02 $610.86 $874.23 $1,139.10 $1,435.53 $1,666.46 *New Rate
Contamination Fee
*One time no charge courtesy collection of
contaminated container will be allowed, with the
exception of hazardous waste or biohazardous material.
Fee. $49.77
End Dump
*Hourly service rate, and also subject to actual disposal and processing fees. .
Fee. $207.72
Section 3.The proposed rates will become effective September 1, 2022.
Section 4.This Resolution shall become effective once adopted.
Section 5.The City Clerk shall certify to the adoption of this Resolution.
Additional Miscellaneous Services Fees
Extra Pick-Up (barrel): $23.59
Extra Pick-Up (bin) $49.77
Extra Pick-Up (compactor): $99.55
Extra Pick-Up (Food Waste Barrel) $67.55
Tilt hopper Rental $45.84
Bin Lock $13.11
Illegal Bin Impound Fee $106.26
Steam Clean (Per Container) $177.10
RESOLUTION NO. 2022-121 - Page 6 of 6
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PASSED, APPROVED, AND ADOPTED this 17 day of August, 2022.
Public Hearing ‐ August 17, 2022
Solid Waste SB1383
Rate Adjustment Protests
Date Name Reason for Protest
1 7/5/2022 Ashley Mckeehan Taxes are already high.
2 7/5/2022 Matthew Postel Taxes are already high.
3 7/5/2022 Jeanette Enriquez N/A
4 7/5/2022 Alvaro Montoya Increase is too high
5 7/5/2022 Jessica Marasco Food, gas, and utilities have already increased and hurts residents financially. 6 7/5/2022 Ron Zurek Excessive amount for seniors on fixed income. Does not match inflation rates. 7 7/5/2022 Aaron Kristie & Aidan Burchit Requesting disability rate adjustment. 8 7/7/2022 Karen Holderness Does not want to recycle food waste, concerned about wildlife & bugs. 9 7/7/2022
Lynn Gilmore Lives in Multi‐family condo, does not have enough space. Requesting exemption. 10 7/8/2022 Joe Hanna Rates should not go up, if Burrtec is already composting and food waste is reducing trash. 11 7/10/2022 Connie Burke More barrel options
12 7/10/2022 Pam Sheriff Cost of living makes it difficult to live in Rancho Cucamonga 13 7/11/2022
Chari Garcia Food waste collection does not apply to all, and should be voluntary. 14 7/18/2022 Esmirna Nolasco Primarily effects the elderly, should not be more than 13% increase. 15 7/29/2022 Jeff Brady Amount is excessive
16 7/28/2022 Elvira Delgadillo There is already a green barrel, further explanation is needed. 17 8/4/2022 Kameron Shields Delay due to uncertain economy. 18 8/14/2022 Keith Shaw Families are struggling, and trying to cope with inflation. 19 8/14/2022
Anil Kheraj Compost food already, should not have to pay for this service. 20 8/14/2022 Cathy Gonzales Households are struggling to budget for gas and food already. 21 8/15/2022 Rodney Gallagher Increase is too high
22 8/16/2022 E Perez Opposes rate hike.
08/17/2022 - CITY COUNCIL MEETING - ADDITIONAL MATERIAL PUBLIC HEARING ITEM G1
DATE:August 17, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Sean McPherson, AICP, Senior Planner
SUBJECT: Public Hearing for Consideration of First Reading of Ordinance No. 1008, to be Read by Title Only and Waive Further Reading, Amending Development Code Chapters 17.38 and Chapter 17.140 Establishing an Agricultural Overlay. This Project is Exempt from Environmental Review Pursuant to Section 15060 of the CEQA Guidelines. (ORDINANCE NO. 1008) (CITY)
RECOMMENDATION:
Staff recommends that the City Council consider first reading of Ordinance No. 1008 amending the Development Code to establish an Agricultural Overlay.
BACKGROUND:
December 15, 2021, the City Council adopted the “PlanRC” General Plan Update and certified the Environmental Impact Report (SCH#2021050261) thereby establishing regulatory framework to guide future development throughout the City. This regulatory framework reflects the goals and aspirations of the community as shared through multiple community engagement events as part of the General Plan update process. Critical among these goals and aspirations shared by community members was that the new General Plan not only chart a development path forward for the future of the community, but that the general plan also acknowledge and value the City’s historic agricultural heritage.
While agriculture was once the dominant land use in communities of Alta Loma, Cucamonga and Etiwanda prior to the City’s incorporation in 1977, only a few remaining historic agricultural uses remain in the City. Many of these uses have become “nonconforming” to current Development Code standards as zoning practices have evolved over decades. For example, many of these “legacy” uses are now located in residential zones – a zone which does not permit agricultural production. As these remaining legacy uses carry a significant historic and cultural value to the community, an Agricultural Overlay is proposed in order to encourage the continuation of these valuable community assets while also bringing them into conformance with current zoning practices and standards.
On July 27, 2022, the Planning Commission held a noticed public hearing to consider the item.
Following staff’s presentation of the proposed Agricultural Overlay, the Planning Commission voted unanimously (5-0) to approve Resolution 22-22, thereby recommending that the City Council adopt the subject ordinance establishing the Agricultural Overlay.
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ANALYSIS:
Project Analysis
The Agricultural Overlay is intended to serve as a tool through which property owners of these historic legacy uses can apply in order to continue these uses in perpetuity and bring these uses into conformance with the current Development Code. While these remaining legacy uses are interspersed throughout the City, it is anticipated that parcels which may qualify for approval of an Agricultural Overlay will be noncontiguous. Notably, only those properties which have historically housed agricultural production associated with the agricultural heritage of the City may be eligible for the Agricultural Overlay. Any proposal for new agricultural uses proposed on property which had not previously been utilized for agricultural purposes shall be reviewed pursuant to Page 2 Development Code Section 17.32.030 (Agricultural uses permitted or permitted with a minor use permit).
In addition to acknowledging and memorializing historic agricultural production at these legacy sites, the Agricultural Overlay permits the minor expansion of uses which are intended to support the primary use of agricultural production. These expanded uses include, but are not limited to, farm stands, educational experiences (i.e. cooking classes), tasting rooms and wineries. A complete list of allowed land uses, permit requirements, and development standards is included with the attached draft Resolution and can be referenced in Exhibit A to this report.
Beyond the goal of preserving the City’s historic agricultural heritage, the Agricultural Overlay also provides incentives to subject property owners to maintain these historic agricultural uses through eligibility in the City’s Transfer of Development Rights (TDR) program. For example, upon approval of an Agricultural Overlay subject property owners within the Agricultural Overlay are eligible to participate in the Transfer of Development Rights (TDR) program which is designed to help regulate and preserve these uses by incentivizing property owners to sever the development rights of such parcels and transfer them to potential builders on other property within the City where new development or redevelopment may be more appropriate. Not only does this achieve the preservation of these historic legacy uses, but it “right sizes” new development potential to areas of the City where additional new residential units may be more appropriate. Beyond the TDR program, subject property owners of such legacy parcels larger than 10 acres may also be eligible for reduced property tax reductions pursuant to the State’s Williamson Act contract program.
Environmental Assessment
Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, this project is exempt from environmental review pursuant to Section 15060 of the CEQA Guidelines. The Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA.
FISCAL IMPACT:
There is no fiscal impact related to the adoption of an ordinance establishing an Agricultural Overlay. To the extent that fiscal impacts may occur related to property tax reduction of other such impacts, those impacts would be considered upon City staff’s review of individual applications requesting an Agricultural Overlay designation.
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COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
Adopting an Agricultural Overlay achieves the City Council’s Core Values of “providing and nurturing a high quality of life for all.” Establishing Rancho Cucamonga as a “world class city” includes the purposeful acknowledgement, promotion and preservation of the cultural heritage of the community. Adopting an Agricultural Overlay allows for these critical components of the community to continue in perpetuity.
ATTACHMENTS:
Attachment 1 – Draft Ordinance No. 1008 – Agricultural Overlay Attachment 2 – July 27, 2022 Planning Commission Staff Report and PC Resolution 22-22
11231-0001\2569110v1.doc
ORDINANCE NO. 1008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMEND ING
DEVELOPMENT CODE CHAPTERS 17.38 AND 17.140
ESTABLISHING AN ARGICULTURAL OVERLAY, ADOPTING AN
EXEMPTION TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, AND MAKING FINDINGS IN SUPPORT THEREOF
A. Recitals.
1. On December 15, 2021, the City Council adopted the “PlanRC” General Plan Update and certified the Environmental Impact Report (SCH#2021050261) establishing regulatory framework to guide future development throughout the City.
2. California law requires a Land Use Element (of the General Plan) to “designate the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land…”..
3. While California law requires that a General Plan include an element that addresses open space, the provisions of Government Code Section 65560 are mainly focused on preserving agricultural land. While agriculture was once the dominant land use in the City of Rancho Cucamonga, the historic agriculture businesses in the City are largely gone with only a few remaining historic agricultural businesses remaining in the City. The PlanRC General P lan, therefore, focuses on the preservation of remaining historic and cultural resources.
4. The remaining historic agricultural businesses in the City carry a significant historic and cultural value to the community, the City Council endeavors to establishing an Agricultural Overlay which allows the continuation of such historic and cultural uses which, by way of zoning practices in preceding decades, may have become nonconforming to current standards.
5. Development Code Section 17.122.030.C permits the establi shment of overlay zones, which, by definition, establish special land use and/or development standards for particular areas of the city.
6. The Amendment proposes to amend the Rancho Cucamonga Development Code pursuant to Exhibit “A” and Exhibit “B” attached to this Ordinance.
7. On July 27, 2022, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendment and concluded said hearing on that date.
8. On August 17, 2022, the City Council conducted a duly noticed public hearing on the Amendment, and all interested persons were given an opportunity to present oral and written evidence regarding the Amendment, and concluded said hearing on that date.
9. All legal prerequisites prior to the adoption of this Ordinance have occurred.
Attachment 1
B. Ordinance.
NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows:
1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct.
2. Fi ndings . Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on August 17 , 2022, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows:
a. The Amendment identified herein has been processed, including, but not limited to, public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act (“CEQA”).
b. The Amendment is consistent with the direction, goals, policies, and implementation programs of the adopted General Plan, including without limitation, the Land Use Element thereof, and will provide for development in a manner consistent with the General Plan. c. The City Council finds that the Amendment serves the important purpose of preserving and promoting agriculture uses which are important to the City’s identity and cultural heritage.
d. The findings set forth in this Ordinance reflect the independent judgement of the City Council.
e. Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, this project is exempt from environmental review pursuant to Section 15060 of the CEQA Guidelines. Based on this evidence and all the evidence in the record, the City Council concurs with the Planning Department staff ’s and Planning Commission’s determination that the Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA.
3. The City Council hereby amends Chapters 17.38 (Overlay Zones and Other Special Planning Areas) as follows and 17.140 (Universal Definitions) shall be amended to include the following definitions:
“17.38.050 Agricultural Overlay.
A. Purpose. The Agricultural Overlay is intended to guide development within the overlays by providing standards that apply to proposed development in addition to the standards and regulations of the primary land use zoning district, where important community, site, environmental, safety, compatibility, or design issues require particular attention in project planning.
B. Applicability. Only those properties which have historically housed agricultural production associated with the agricultural heritage of the City may be eligible for the Agricultural Overlay. Any proposal for new agricultural uses proposed on property which had not previously been utilized for agricultural purposes shall be reviewed pursuant to Development Code Section 17.32.030 (Agricultural uses permitted or permitted with a minor use permit).
C. Allowed land uses. Any land use normally allowed in the primary land use zoning district may be allowed within the overlay, subject to additional requirements of the overlay. In addition, the following land uses may be permitted within the Agricultural Overlay:
1. Farms for orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture.
2. Farm stands, agricultural product processing and educational experiences (i.e. cooking classes).
3. Tasting rooms and wineries.
4. Single dwellings only for the use of an owner or manager of land within the parcel(s) subject to the Overlay, or a person employed on the land but not exceeding three dwelling units for each parcel of not less than ten acres.
D. Permit requirements, and public hearing and public notice required. An application for an Agricultural Overlay shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution.
Approval of the Agricultural Overlay shall be the responsibility of the City Council, upon recommendation of the Planning Commission and the process for review shall be the same as a zoning map amendment pursuant to Development Code Section 17.22.040.
Public hearings and public notice shall be required in accordance with Development Code Section 17.14.050.
E. Development Standards. Operations within the Agricultural Overlay shall not be injurious to the health, safety, or welfare of the public and surrounding neighborhood because of noise, odor, dust, smoke, vibration, danger to life and property, or other similar causes.
The Agricultural Overlay shall be applied where it will serve to protect and enhance an area where surrounding uses may include sensitive receptors, such as a residential neighborhood or lower intensity commercial or non-residential uses. In order to ensure compatible uses and minimal impact to surrounding neighborhoods, the following standards shall be enforced:
1. Parking: A sufficient number of parking spaces shall be provided to accommodate onsite parking and minimize the need for off-site parking.
2. Noise: When adjacent to a residential land use, school, church or similar type of use, the noise generating activity does not take place between the hours of 8:00p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday, and provided nois e levels created do not exceed the noise standard of 65 dBA when measured at the adjacent property line.
3. Odor: Sources of odorous emissions, particulate matter, and air containment standards shall comply with the rules and regulations of the air pollution control district and the state Health and Safety Code.
4. Dust: Dust mitigation, as it may negatively impact surrounding land uses, shall be managed to the extent feasible. All parking areas shall be layered with dust - mitigating materials such as decomposed g ranite or gravel. All other unimproved areas not utilized for landscaping, recreational, parking, hardscape surfaces, buildings and agricultural purposes shall be improved with dust-mitigating ground cover, including but not limited to decomposed granite, gravel or similar material with the intent of meeting air quality best management practices.
5. Pesticides: The application of pesticides shall be conducted consistent with all common best management practices and legal requirements pursuant to local, state and federal law. Aerial application and any application method which results in pesticide drift of pesticides shall be restricted.
6. Standards for Farm Stands.
a. Size: The floor area of the structure, portion of any structure and/or any outdoor display area shall be limited to a total of 500 square feet. b. Use: Retail sales of agricultural product produced onsite. c. Location and Setbacks: The driveway and access shall conform with current city standards for construction and site distance, except that material for the driveway and parking areas related to such structures may be comprised of decomposed grani te or gravel. Farm stands shall be located a minimum of 50 feet from all property lines.
F. Transfer of Development Rights . Upon approval of an Agricultural Overlay, subject property owners are eligible to participate in the Transfer of Development Rights (TDR) program, which is designed to help regulate and preserve legacy agricultural uses by incentivizing property owners within the Agricultural Overlay to sever the development rights and transfer them to potential builders on other property within the City.
G. Williamson Act. Property owners of parcels larger than 10 acres may qualify to apply for a Williamson Act contract for the purposes of the preservation of agricultural lands in exchange for a reduction in property tax assessments pursuant to state law.” Development Code Article IX Glossary, Chapter 17.140 UNIVERSAL DEFINTIIONS shall be amended to include the following definitions:
“Farm Stands . Farm stands allowed under this section are defined as a structure or portion thereof, where products offered for sale are grown or produced on site. Food preparation is prohibited except for food sampling or tasting.
Tasting Room. A business offering on-site and off-site wine sales which might include food service limited to hors d -oeuvres and prepackaged gourmet foods and other retail sales associated merchandise including gift baskets. Entertainment restricted to unamplified live music may be included as part of the use.”
4. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within in the manner required by law.
APPROVED AND ADOPTED THIS 27th DAY OF AUGUST 2022.
CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
BY:
L. Dennis Michael, Mayor
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the 17 th day
of August 2022, by the following vote-to-wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
City Clerk of the City of Rancho Cucamonga
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DATE: July 27, 2022
TO: Chairman and Members of the Planning Commission
FROM: Matthew R. Burris, AICP, LEED AP, Deputy City Manager – Community Development, Interim Planning Director
INITIATED BY: Sean McPherson, Senior Planner, AICP
SUBJECT: Consideration of a Municipal Code Amendment to Establish an Agricultural Overlay. This project is exempt from environmental review pursuant to Section 15060 of the CEQA guidelines. This item will be forwarded to City Council for final action.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend that the City Council adopt an Ordinance establishing the Agricultural Overlay.
BACKGROUND:
December 15, 2021, the City Council adopted the “PlanRC” General Plan Update and certified the Environmental Impact Report (SCH#2021050261) thereby establishing regulatory framework to guide future development throughout the City. This regulatory framework reflects the goals and aspirations of the community as shared through multiple community engagement events as part of the General Plan update process. Critical among these goals and aspirations shared by community members was that the new General Plan not only chart a development path forward for the future of the community, but that the general plan also acknowledge and value the City’s historic agricultural heritage.
While agriculture was once the dominant land use in communities of Alta Loma, Cucamonga and Etiwanda prior to the City’s incorporation in 1977, only a few remaining historic agricultural uses remain in the City. Many of these uses have become “nonconforming” to current Development Code standards as zoning practices have evolved over decades. For example, many of these “legacy” uses are now located in residential zones – a zone which does not permit agricultural production. As these remaining legacy uses carry a significant historic and cultural value to the community, an Agricultural Overlay is proposed in order to encourage the continuation of these valuable community assets while also bringing them into conformance with current zoning practices and standards.
ANALYSIS:
Project Analysis
The Agricultural Overlay is intended to serve as a tool through which property owners of these historic legacy uses can apply in order to continue these uses in perpetuity and bring these uses into conformance with the current Development Code. While these remaining legacy uses are interspersed throughout the City, it is anticipated that parcels which may qualify for approval of an Agricultural Overlay will be noncontiguous. Notably, only those properties which have historically housed agricultural production associated with the agricultural heritage of the City may be eligible for the Agricultural Overlay. Any proposal for new agricultural uses proposed on property which had not previously been utilized for agricultural purposes shall be reviewed pursuant to Attachment 2
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Development Code Section 17.32.030 (Agricultural uses permitted or permitted with a minor use permit).
In addition to acknowledging and memorializing historic agricultural production at these legacy sites, the Agricultural Overlay permits the minor expansion of uses which are intended to support the primary use of agricultural production. These expanded uses include, but are not limited to, farm stands, educational experiences (i.e. cooking classes), tasting rooms and wineries. A complete list of allowed land uses, permit requirements, and development standards is included with the attached draft Resolution and can be referenced in Exhibit A to this report.
Beyond the goal of preserving the City’s historic agricultural heritage, the Agricultural Overlay also provides incentives to subject property owners to maintain these historic agricultural uses through eligibility in the City’s Transfer of Development Rights (TDR) program. For example, upon approval of an Agricultural Overlay subject property owners within the Agricultural Overlay are eligible to participate in the Transfer of Development Rights (TDR) program which is designed to help regulate and preserve these uses by incentivizing property owners to sever the development rights of such parcels and transfer them to potential builders on other property within the City where new development or redevelopment may be more appropriate. Not only does this achieve the preservation of these historic legacy uses, but it “right sizes” new development potential to areas of the City where additional new residential units may be more appropriate. Beyond the TDR program, subject property owners of such legacy parcels larger than 10 acres may also be eligible for reduced property tax reductions pursuant to the State’s Williamson Act contract program.
Environmental Assessment
Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, this project is exempt from environmental review pursuant to Section 15060 of the CEQA Guidelines. The Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA.
FISCAL IMPACT:
There is no fiscal impact related to the adoption of an ordinance establishing an Agricultural Overlay. To the extent that fiscal impacts may occur related to property tax reduction of other such impacts, those impacts would be considered upon City staff’s review of individual applications requesting an Agricultural Overlay designation.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
Adopting an Agricultural Overlay achieves the City Council’s Core Values of “providing and nurturing a high quality of life for all.” Establishing Rancho Cucamonga as a “world class city” includes the purposeful acknowledgement, promotion and preservation of the cultural heritage of the community. Adopting an Agricultural Overlay allows for these critical components of the community to continue in perpetuity.
EXHIBITS:
Exhibit A – Draft Resolution of Approval 22-22 for Development Code Amendment – Agricultural Overlay
RE
SOLUTION NO. 22-22
A
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
RECOMMENDING APPROVAL OF A DEVELOPMENT CODE
AMENDMENT WHICH ESTABLISHES AN AGRICULT URAL
OVERLAY, MAKING A DETERMI NATION OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ,
AND MAKING FINDINGS IN SUPPORT THEREOF
A. Recitals.
1. On December 15, 2021, the City Council adopted the “PlanRC” General Plan Update and certified the Environmental Impact Report (SCH#2021050261) establishing regulatory framework to guide future development throughout the City.
2. California law requires a Land Use Element (of the G eneral Plan) to “designate the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land…”.
3. While California law requires that a General Plan include an element that addresses open space, the provisions of Government Code Section 65560 are mainly focused on preserving agricultural land. While agriculture was once the dominant land use in the City of Rancho Cucamonga, the historic agriculture businesses in the City are largely gone with only a few remaining historic agricultural businesses remaining in the City. The PlanRC General Plan, therefore, focuses on the preservation of remaining historic and cultural resources.
4. The remaining historic agricultural businesses in the City carry a significant historic and cultural value to the community, the City Council endeavors to establishing an Agricultural Overlay which allows the continuation of such historic and cultural uses which, by way of zoning practices in preceding decades, may have become nonconforming to current standards.
5. Development Code Section 17.122.030.C permits the establishment of overlay zones, which, by definition, establish special land use and/or development standards for particular areas of the city.
6. The Amendment proposes to amend the Rancho Cucamonga Development Code pursuant to Exhibit “A” and Exhibit “B” attached to this Resolution.
7. On July 27, 2022 , the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendment and concluded said hearing on that date.
8. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows:
001
Exhibit A
PLANNING COMMISSION RESOLUTION NO. 22-22
DEVELOPMENT CODE AMENDMENT – CITY OF RANCHO CUCAMONGA
July 27, 2022
1. The Commission hereby specifical ly finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct.
2. Based upon the substantial evidence presented to the Planning Commission during the above- referenced public hearing on July 27, 2022 , including writte n and oral staff reports, together with public testimony, the Commission hereby specifically finds as follows:
a. The Amendment identified herein has been processed, including, but not limited to, public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act (“CEQA”).
b. The Amendment is consistent with the direction, goals, policies, a nd i
mplementation programs of the adopted General Plan, including without limitation, the Land Use Element thereof, and will provide for development in a manner consistent with the General Plan. c. The Planning Commission finds that the Amendment serves the important purpose of preserving and promoting agriculture uses which are important to the City’s identity and cultural heritage.
d. The findings set forth in this Resolution reflect the independent judgment of the Planning Commission.
3. Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, this project is exempt from environmental review pursuant to Section 15060 of the CEQA Guidelines. Based on this evidence and all the evidence in the record, the Planning Commission concurs with the Planning Department staff’s determination that the Amendment will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. The Planning Commission recommends that the City Council adopt the proposed Amendment.
4. Based upon the findings and conclusions set forth in paragraphs 1,2 and 3 above, this Commission hereby recommends that the City Council approve the Development Code Amendment as indicated in Exhibits A and B incorporated herein by this reference.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 27
th DAY OF JULY, 2022.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
B
Y: __________________________________
Bryan Dopp, Chairman
002
PLANNING COMMISSION RESOLUTION NO. 22-22
DEVELOPMENT CODE AMENDMENT – CITY OF RANCHO CUCAMONGA
July 27, 2022
AT
TEST: ______________________________
Matthew R. Burris, Secretary, AICP, LEED AP
I
, Matthew R. Burris, Secretary, AICP, LEED AP, of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of July 2022, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
003
Exhibit A
Development Code Article III, Zoning, Uses, Development Standards, Chapter 17.38 OVERLAY ZONES AND OTHER SPECIAL PLANNING AREAS shall be amended as follows:
“
17.38.050 Agricultural Overlay.
A. Purpose. The Agricultural Overlay is intended to guide development within the overlays by providing standards that apply to proposed development in addition to the standards and regulations of the primary land use zoning district, where important community, site, environmental, safety, compatibility, or design issues require particular attention in project planning.
B. Applicability. Only those properties which have historically housed agricultural production as
sociated with the agricultural heritage of the City may be eligible for the Agricultural Overlay. Any proposal for new agricultural uses proposed on property which had not previously been utilized for agricultural purposes shall be reviewed pursuant to Development Code Section 17.32.030 (Agricultural uses permitted or permitted with a minor use permit).
C. Allowed land uses. Any land use normally allowed in the primary land use zoning district may be allowed within the overlay, subject to additional requirements of the overlay. In addition, the following land uses may be permitted within the Agricultural Overlay:
1. Farms for orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture.
2. Farm stands, a gricultural product processing and educational experiences (i.e. cooking classes).
3. Tasting rooms and wineries.
4. Single dwellings only for the use of an owner or manager of land within the parcel(s) subject to the Overlay, or a person employed on the land but not exceeding three dwelling units for each parcel of not less than ten acres.
D. Permit r equirements, and public hearing and public notice required. An application for an Agricultural Overlay shall be filed with the planning department in a manner prescribed by the planning director with t he required fee as established by city council resolution.
Approval of the Agricultural Overlay shall be the responsibility of the City Council, upon recommendation of the Planning Commission and the process for review shall be the same as a zoning map amendment pursuant to Development Code Section 17.22.040.
Public hearings and public notice shall be required in accordance with Development Code Section 17.14.050.
E. Development Standards. Operations within the Agricultural Overlay shall not be injurious to the health, safety, or welfare of the public and surrounding neighborhood because of noise, odor, dust, smoke, vibration, danger to life and property, or other similar causes.
The Agricultural Overlay shall be applied where it will serve to protect and enhance an area where surrounding uses may include sensitive receptors, such as a residential neighborhood or lower intensity commercial or non-residential uses. In order to ensure compatible uses and minimal impact to surrounding neighborhoods, the following standards shall be enforced:
004
1. Parking: A sufficient number of parking spaces shall be provided to accommodate onsite parking and minimize the need for off-site parking.
2. Noise: When adjacent to a residential land use, school, church or similar type of use, the noise generating activity does not take place between the hours of 8:00p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday, and provided noise levels created do not exceed the noise standard of 65 dBA when measured at the adjacent property line.
3. Odor: Sources of odorous emissions, particulate matter, and air containment standards shall comply with the rules and regulations of the air pollution control district and the state Health and Safety Code.
4. Dust: Dust mitigation, as it may negatively impact surrounding land uses, shall be managed to the extent feasible. All parking areas shall be layered with dust - mitigating materials such as decomposed granite or gravel. All other unimproved areas not utilized for landscaping, recreational, parking, hardscape surfaces, buildings and agricultural purposes shall be improved with dust-mitigating ground cover, including but not limited to decomposed granite, gravel or similar material with the intent of meeting air quality best management practices.
5. Pesticides: The application of pesticides shall be conducted consistent with all common best management practices and legal requirements pursuant to local, state and federal law. Aerial application and any application method which results in pesticide drift of pesticides shall be restricted.
6. Standards for Farm Stands
.
a. S
ize: The floor area of the structure, portion of any structure and/or any outdoor display area shall be limited to a total of 500 square feet. b. Use: Retail sales of agricultural product produced onsite. c. Location and Setbacks: The driveway and access shall conform with current city standards for construction and site distance, except that material for the driveway and parking areas related to such structures may be comprised of decomposed grani te or gravel. Farm stands shall be located a minimum of 50 feet from all property lines.
F. Tr
ansfer of Development Rights . Upon approval of an Agricultural Overlay, subject property owners are eligible to participate in the Transfer of Development Rights (TDR) program, which is designed to help regulate and preserve legacy agricultural uses b y
i
ncentivizing property owners within the Agricultural Overlay to sever the development rights and transfer them to potential builders on other property within the City.
G. Williamson Act. Property owners of parcels larger than 10 acres may qualify to apply for a Williamson Act contract for the purposes of the preservation of agricultural lands in exchange for a reduction in property tax assessments pursuant to state law.” 005
Exhibit B
Development Code Article IX Glossary , Chapter 17.140 UNIVERSAL DEFINTIIONS shall be amended to include the following definitions:
“Farm Stands. Farm stands allowed under this section are defined as a structure or portion thereof, where products offered for sale are grown or produced on site. Food preparation is prohibited except for food sampling or tasting. ”
“Tasting Room. A business offering on-site and off-site wine sales which might include food service limited to hor s d-oeuvres and prepackaged gourmet foods and other retail sales associated merchandise including gift baskets. Entertainment restricted to unamplified live music may be included as part of the use.”
006
DATE:August 17, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jennifer Nakamura, Deputy Director of Planning SUBJECT: Public Hearing for Consideration of First Reading of Ordinance No. 1009, to be Read by Title Only and Waive Further Reading, Amending Title 17 of the Municipal Code Permitting Electric Vehicle Sales and Service as a By-Right Use in the Mixed Employment 2 (ME2), Corridor 1 (CO1), Corridor 2 (CO2) and Center 2 (CE2) Zones and Amending the Land Use Definitions for Electric Vehicle Sales. This Project is Exempt from Environmental Review Pursuant to Section 15161(b)(3) of the CEQA Guidelines. (ORDINANCE NO. 1009) (CITY)
RECOMMENDATION:
Planning Commission and Staff recommends that the City Council conduct first reading of Ordinance No. 1009, to permit Electric Vehicle Sales as a by-right use in select zones.
BACKGROUND:
On December 15, 2021, the City Council adopted the PlanRC General Plan to “Build on our success as a world-class community, to create an equitable, sustainable and vibrant city, rich in opportunity for all to thrive”. The Plan lays out a series of goals and policies to guide future development and implement the vision. and establishing goal and policies to guide future development throughout the City. The plan reflects the goals and aspirations of the community as shared through multiple community engagement events as part of the General Plan update process. General Plan policy LC-3.6 supports economic development that provides a diverse and sustainable tax base. The proposed amendment further refines our recently adopted Development Code to encourage Electric Vehicle (EV) Sales to enhance our local economy by permitting this use by right in specific zones, providing our Economic Development team a competitive advantage as they work with EV dealers to attract these businesses to the city.
On July 27, 2022, the Planning Commission conducted a public hearing and unanimously recommended approval of the proposed amendments.
ANALYSIS:
In order to enhance our competitive advantage and provide a streamlined process for new EV dealerships to locate in Rancho Cucamonga, the following amendments to the Development Code are needed:
•Update the definitions of “Electric Vehicle Showrooms with Indoor Sales” and “Electric Vehicle Showrooms with Outdoor Sales” as follows:
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Electric vehicle showroom with indoor sales. A use where the primary function of the space is to display and showcase electric vehicles only, and act as point of sale or rental of vehicles, parts, or accessories which are stored off site. Use may include storage of vehicles entirely inside the building. Minor auto repair to prepare cars for delivery to customers is permitted within an enclosed building.
Electric vehicle showroom with outdoor sales. A use where the primary function of the space is to display and showcase electric vehicles only, and act as a point of sale or rental of vehicles, parts, or accessories which are stored on site. Use may include storage of vehicles either inside or outside the building. Minor auto repair to prepare cars for delivery to customers is permitted within an enclosed building.
As traditional auto makers are now developing and selling electric vehicles, it is important to clarify that this land use description is limited to the sales, showcase or display is limited to electric vehicles only. This land use may not include any other vehicle types for sale or display, such as vehicles with internal combustion engines. Further, to prepare vehicles for final delivery, minor repair, such as windshield replacement, tire repair and software updates may be needed prior to a customer taking delivery of the vehicle. These uses are considered minor auto repair and would be permitted within an enclosed building.
•Update Land Use Table 17.136.020-1 to permit by-right “Electric Vehicle Showroom and Outdoor sales” in the following form-based zones: Mixed Employment 2 (ME2), Corridor 1 (CO1), Corridor 2 (CO2) and Center 2 (CE2).
The proposed change will allow an EV dealership to find an existing appropriate tenant space, secure a business license and begin operation very quickly. Should an EV dealer desire to construct a new facility to meet their needs, review by the Planning Department and approval from the Planning Commission would be required.
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Environmental Review
This project is deemed exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the project, to amend the municipal code to (i) update the land use definitions for Electric Vehicle Showrooms; and (ii) permit by right Electric Vehicle Showroom and Outdoor Sales will have a significant effect on the environment. The project will not result in a permanent alteration of property nor the construction of any new or expanded structures. The amendment only revises the land use regulation that applies to where electric vehicle showrooms are allowed by right in existing developed spaces. It does not permit nor allow the construction of any new locations. Applications for electric vehicle showrooms on vacant or underutilized land where construction is necessary will be reviewed for CEQA compliance under a separate Design Review application. The applicant may be required to submit environmental studies that analyzes the impact(s) (if any) to, for example, air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site- specific project. On a case-by-case review of each project, the appropriate environmental document will be prepared to address project-specific impacts. Therefore, this project will not have a significant effect on the environment.
FISCAL IMPACT:
The proposed amendment could increase the city’s fiscal sustainability by providing a welcoming regulatory environment and competitive advantage for an EV retail establishment to locate in Rancho Cucamonga.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This code amendment meets the Council’s goal of Intentionally embracing and anticipating the future by embracing new technologies.
ATTACHMENTS:
Attachment 1 – Planning Commission Resolution
Attachment 2 – Ordinance
Attachment 1
ORDINANCE NO. 10XX
AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
MUNICIPAL CODE AMENDMENT PERMITITNG ELECTRIC
VEHICLE SALES AS A BY- RIGHT USE IN THE MIXED
EMPLOYMENT 2, CORRIDOR 1, CORRIDOR 2 AND CENTER 2
ZONES, AMENDING THE LAND USE DEFININTIONS FOR
ELECTRIC VEHICLE SALES, AND MAKING FINDINGS
PURSUANT TO CEQA
A. Recitals.
1. On July 27, 2022, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Municipal Code Amendment and, following the conclusion thereof, adopted Planning Commission Resolution 22-24, recommending that the City Council of the City of Rancho Cucamonga adopt t he pr
oposed Municipal Code Amendment.
2. On August 17 , 2022, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendment and concluded said hearing on that date.
3. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1: This City Council hereby specifically finds that all of the facts set forth in t he Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Base d upon the substantial evidence presented to the City Council during the above-referenced public hearing on August 17, 2022, including written and oral staff reports, together with public testimony, the Commission hereby specifically finds as follows:
a. The Amendment identified herein has been processed, including, but not limited to, public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act (“CEQA”).
b. The Amendment is consistent with the direction, goals, policies, and implementation programs of the adopted General Plan, including without limitation, the Land Use Element thereof, and will provide for development in a manner consistent with the General Plan.
SECTION 3 : This project is deemed exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the project, to amen d the municipal code to (i) update the land use definitions for Electric Vehicle Showrooms; and (ii) permit by right Electric Vehicle Showroom and Outdoor Sales will have a significant effect on the environment. The project will not result in a permanent alteration of property nor the construction of any new or expanded structures. The amendment only revises the land use regulation that applies to where electric vehicle showrooms are allowed by right in existing developed spaces. It does not permit nor allow the construction of any new locations. Applications for electric vehicle showrooms on vacant or underutilized land where construction is necessary will be reviewed for CEQA compliance under a separate Design Review application. The applicant may be required to submit environmental studies that Attachment 2
analyzes the impact(s) (if any) to, for example, air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site-specific project. On a case- by-case review of each project, the appropriate environmental document will be prepared to address project-specific impacts. Therefore, this project will not have a significant effect on the environment.
SECTION 4: The City Council hereby amends Table 17.136.020-1 (Allowed Uses in Form Based Zones) of Chapter 17.136 (Land Use Standards) of Article VIII (Form Based Code) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code for EV Showroom and Outdoor Sales, attached to this Ordinance and incorporated herein by reference as Attachment A.
SECTION 4 : The City Council hereby amends the land use definitions for “E lectric Vehicle Sales with Indoor Showroom” and “Electric Vehicle Sales with Outdoor Showroom” in Section 17.32.020.F (Allowed Use Descriptions) of Chapter 17.32 (Allowed Use Descriptions) of Article III (Zones, Allowed Uses and Development Standards) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code, attached to this Ordinance and incorporated herein by reference as Attachment B.
SECTION 4: Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.
SECTION 4 : The Council hereby directs the City Clerk to make all necessary, non - substantive conforming revisions to the Municipal Code necessary to codify this Ordinance, including but not limited to clerical corrections to section numbers, table and figure references and cross references.
SECTION 4: Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. ___________________________________
L. Dennis Michael, Mayor
ATTEST: ___________________________________
Janice C. Reynolds, City Clerk
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 17 th day of August 2022, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on ____________, 2022, by the following vote:
AYES: CO
UNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
PASSED, APPROVED AND ADOPTED this 17th day of August 2022.
Attachment A
Modifications to Table 17.136.020-1
Attachment B
Revised Land Use Definitions, Section 17.32.020.F (revised text in red)
Electric vehicle showroom with indoor sales. A use where the primary function of the space is to display and showcase electric vehicles only, and act as point of sale or rental of vehicles, parts, or accessories which are stored off site. Use may include storage of vehicles entirely inside the building.
Minor auto repair to prepare cars for delivery to customers is permitted within an enclosed building.
Electric vehicle showroom with outdoor sales. A use where the primary function of the space is to display and showcase electric vehicles only, and act as a point of sale or rental of vehicles, parts, or accessories which are stored on site. Use may include storage of vehicles either inside or outside the building. Minor auto repair to prepare cars for delivery to customers is permitted within an enclosed building.
DATE:August 17, 2022
TO:Mayor and Members of the City Council
President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Noah Daniels, Finance Director
Shelly Munson, Director of DoIT
Jenifer Phillips, Deputy Director of Human Resources
SUBJECT: Consideration of Various Actions Related to the Acquisition of a New Financial Enterprise Resource Platform (ERP) System (CITY/FIRE) RECOMMENDATION:
Staff recommends that the City Council take the following actions related to the ERP project:
1. Approve agreements with Workday, Collaborative Solutions, and Teller, and authorize the City Manager to execute those agreements in amounts not to exceed the following over the 15 year term:
a. Workday in the amount of $7,396,350;
b. Collaborative Solutions in the amount of $3,148,520, and c. Teller (Can/Am Technologies) in the amount of $778,720
2. Approve an amendment to an existing agreement with SDI Presence, LLC (SDI) for additional ERP project management services and consulting services and authorizing the City Manager to execute the amendment for an additional amount of $133,760;
3. Approve appropriations for the ERP project for Fiscal Year 2022/23 as noted in the staff report;
4. Authorize the City Manager to amend agreements with Workday, Collaborative Solutions, Teller, and SDI in the future up to a maximum total amount as noted in the staff report.
BACKGROUND:
In the City's fledgling years, the City developed an in-house financial system to process the accounting transactions and provide financial information for reporting. Then in the early 2000s, as a result of natural growth, a more sophisticated financial system was necessary to handle the financial transactions and business processes. The City procured a financial system that met the developing needs at that time. Since then, iterations and versions of that same software, ONESolution, have provided various degrees of marginal improvement.
More than twenty years after implementing that system, the City's size and complexity are again outgrowing the financial system's abilities; the City is now a nearly $400 million public corporation compared to $140 million in Fiscal Year 2000/01. ONESolution lacks features found in other financial systems on the market that can handle the increasingly complex financial transactions in today's business operations. Processes central for daily accounting and financial recordkeeping, like accounts payable, procurement, and financial planning, are underperforming compared with those modern business systems.
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Numerous issues have been experienced while attempting to improve the existing financial system due to the developer's various technical and resource-related problems. The cause of these issues stems from multiple changes in ownership during a short timeframe and a change in headquarters location from California to Florida, which resulted in a significant loss of legacy talent that served the City over the last two decades. There are also significant concerns that ONESolution could eventually become unsupported and future development would not be possible. Among those concerns is that ONESolution's core platform is built on the COBOL programming language platform and resources to support this legacy platform are limited, leaving the developer potentially unable to staff talent to manage ONESolution in the long term.
In Fall 2021, City staff began to evaluate ONESolution and formulate a recommendation to City Council to ensure the City has a modern financial system, and initially planned to recommend the City make improvements to ONESolution and determine if it could facilitate the City's long-term needs. In February 2022, staff recommended that the City pursue the acquisition of a new ERP system. At that time, the City Council approved an agreement with SDI Presence LLC to assist with project management for this work.
Throughout these events, City staff identified a need for more than a financial system that could handle more than the accounting functions. An ERP system will significantly improve business processes and operational effectiveness by implementing industry best practices and automating manual processes involved in various finance and human resources-related functions, which impact the operations of every City department and employee. In addition, more modern financial systems have increased financial and resource management functions, which improve the ability to analyze data and generate reports, improving decision-making overall. Lastly, access to technology supports the City's evolving needs and enables the City to meet future business functions, regulatory, or industry changes, all of which become more sophisticated over time.
ANALYSIS:
Selection Process
In February 2022, the City Council approved an agreement with SDI for ERP software consulting services to assist with evaluating options and determining next steps. After that action, SDI began working with Finance, Human Resources, Procurement, and Innovation and Technology to develop a comprehensive approach for accomplishing the City's overall objectives of identifying a new ERP. SDI met with stakeholders to identify the needs for a new ERP, using the existing system as a baseline for alternative financial systems. Based on the needs assessment, SDI reviewed various ERP vendors to determine which vendors are currently working in this space that could provide the type of ERP the City is seeking at the scale that the City needs as a larger organization relative to many other cities.
Following this analysis, a Request for Information (RFI) was issued by SDI to the two vendors that could meet the City's criteria – Tyler Technologies and Workday. Once the detailed responses were received and reviewed for initial quality, functionality, and capabilities, both vendors were invited to present their systems solution through in-person and virtual Proof of Capabilities (POC) demonstrations over three weeks in June and July. These POC demonstrations included not only the functionality of the platforms but in-depth reviews of the technological backbones of the systems and their strategies and resources related to system implementation and support post- implementation. More than 25 staff in Finance, Human Resources, Procurement, and Innovation and Technology attended these day-long sessions, asked questions, and reviewed the platforms in these ERPs in great detail over those three weeks.
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After the POC demonstrations, an in-depth debrief with the entire Administrative Services team was held to evaluate the two systems and seek staff input in the discussion. With that feedback, the Administrative Services leadership recommends Workday as the City's new ERP provider.
Some of the key benefits and reasons for the selection of Workday include the following:
•Workday is a significant provider to corporations worldwide and has moved into the public sector over the last decade. Including the City of Los Angeles, Ontario, and San Mateo as recent government clients. The robust nature of the system reflects the needs of its corporate clients and provides a mechanism for the City to dramatically improve its business process and automate more tasks, allowing our staff to work on higher-level analysis and other work products.
•The system uses the best technology architecture available to provide maximum system uptime, full functionality from any location and mobile devices, and excellent system security from the IT perspective.
•Workday provides user interfaces that will meet the core financial system needs while providing a user-friendly dashboard and search features that make the system more accessible to non-accounting staff to access reports and data. •Workday can be supported by other third-party providers when clients require customizations or integrations, allowing for a vast pool of consultants and companies to assist as needed post-implementation rather than being locked to the support of the software developer.
•By integrating Human Resources and Finance functions in a user-friendly way, many processes currently done manually will be automated, resulting in significant savings in staff time and efficiency for all City departments and employees. •The implementation strategy for Workday heavily emphasizes change management and using the new system as an opportunity to reinvent business processes, instead of "lifting and shifting" legacy processes into the new system. Workday's implementation partner, Collaborative Solutions, is staffed by former public finance professionals and specializes in re-examining legacy practices and re-engineering them to meet current needs. •Workday is designed to be a "system of record," meaning it servers as a central and secure data repository for HR and financial data, where consolidating functions, automating tasks, and providing analytics are accomplished in one system. •Workday has powerful reporting and data analytic functionality – a critical component of any modern software system is its ability to provide a unified real-time and easy-to-use analytical tool.
Proposed Agreements
The proposed agreement with Workday is for a fifteen (15) year term, subject to future appropriations by the City Council.
In addition to the agreement with Workday, an agreement with Collaborative Solutions is also recommended. Collaborative is one of Workday’s consulting partners and will be the City’s partner in the deployment of Workday and has nearly two decades of experience in full-service Finance and Human Resources transformation consultancy. Collaborative will assist the City by leveraging their government experience, templates, cost reduction and efficiency techniques with Workday’s technology, and ensuring proper execution of Workday for the immediate requirements and long- term growth and flexibility for the City. As the City’s partner, Collaborative will guide the project from start to finish, report on progress, resolve issues, and work collaboratively with the City staff to maximize the implementation of the system. Importantly, Collaborative will also support re- examining and re-engineering the City’s business processes to take advantage of automation and implement best practices.
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Cashiering is also a critical element of the core financial functions of Finance, impacting cash management, accounts receivable, and general support to the public and local businesses. The centralized cashiering system is provided by a third party, Teller, as a part of this ERP solution.
The Teller system will provide this important functionality to all departments that conduct cashiering transactions as part of their services. Additionally, because Teller is a cloud-based solution, there is the ability to expand cashiering to offsite locations after deployment to realize the immediate need at City Hall. This was prohibitive with the current financial system because it was an on-premise solution, not a cloud-based system.
During the ERP implementation, unexpected issues and problems will be encountered that will lead to additional hours spent by the ERP project implementor or other software or programming costs. The best solution to manage these unforeseen events is to budget a healthy contingency for the overall project but not for any particular vendor. Therefore, the City staff recommends that the City Council approve a total project contingency and authorize the City Manager to allocate that contingency among the three vendors (Workday, Collaborative, and Teller) as necessary and, accordingly, to amend agreements to the approved contingency's limit.
Copies of the proposed agreements are on file in the City Clerk’s Office.
Implementation Strategy and Support Needs
The ERP implementation will span several months, currently anticipated to begin in September 2022 and end with “go live” in the new system in February 2024. The size and scope of this project are such that it will require a considerable amount of dedicated staff time. During that time, the estimated staffing plan to support the ERP implementation is nearly 17,000 hours of total staff time.
Given the amount of time needed, the City’s Finance, DoIT, and HR staff will not have sufficient capacity to manage their daily duties and implement the ERP system concurrently; some staff time will need to be backfilled through the use of temporary personnel to ensure the success of the ERP implementation. The project budget includes funds for those additional staffing resources during the implementation period. In addition, the proposed amendment to the agreement with SDI also includes enhanced project management services for the duration of the ERP implementation to assist with the workload.
FISCAL IMPACT:
The total cost for the project consists of one-time and recurring subscription costs over a fifteen (15) year term. The table below illustrates the estimated costs for the ERP implementation and system and the costs for each agreement with Workday, Collaborative, Teller, and SDI.
Workday Collaborative Teller SDI Integrations
Staff Backfill
and Other Contingency Total
One-Time $186,800 $3,148,520 $82,020 $403,760 $99,200 $373,500 $560,000 $4,853,800 Year 1 $192,650 $39,540 $35,000 $267,190
Year 2 $260,440 $39,540 $36,050 $336,030
Year 3 $465,140 $39,540 $37,140 $541,820
Year 4 $469,080 $40,730 $38,260 $548,070
Year 5 $478,460 $41,950 $39,410 $559,820
Year 6 $488,030 $43,210 $40,590 $571,830
Year 7 $497,790 $44,510 $41,810 $584,110
Year 8 $507,750 $45,840 $43,070 $596,660
Year 9 $517,900 $47,220 $44,360 $609,480
Year 10 $528,260 $48,640 $45,700 $622,600
Year 11 $538,820 $50,100 $47,070 $635,990
Year 12 $549,600 $51,600 $48,480 $649,680
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Year 13 $560,590 $53,150 $49,940 $663,680
Year 14 $571,800 $54,740 $51,440 $677,980
Year 15 $583,240 $56,390 $52,990 $692,620
Total $7,396,350 $3,148,520 $778,720 $403,760 $750,510 $373,500 $560,000 $13,411,360 As a note, when the City implemented the current financial system in the Fiscal Year 2000/01, the one-time implementation costs were approximately $1 million, equivalent to $1.7 million in today’s money. Due to the larger scale resulting from incorporating financial and HR functions into a single system, the number and complexities of other systems to be integrated into Workday compared to two decades ago, and the transformational value that Collaborative will provide to the City during implementation, the one-time costs to implement Workday is reasonable.
Another cost consideration is the recurring subscription for Workday. The functionality and capabilities of Workday far surpass those of the current financial system and therefore are not directly comparable. Thus, using the costs for Tyler Technologies obtained during the procurement process as a baseline, the annual cost for Workday is similar to those of other modern ERP systems.
The project will generate direct and indirect savings for the City by streamlining business processes and eliminating operational and software redundancies with the implementation of Workday. These savings will grow over time as the City needs to provide fewer resources overall.
Although the total indirect cost savings cannot be accurately determined at this point, they will be identified during implementation and captured after the deployment of Workday. For example, three IT Analysts who support the current financial system, totaling approximately $406,400 for the Fiscal Year 2022/23, will be redirected to other City operations because Workday manages the ERP system. Another example is multiple clerical and supervisory positions manually inputting data and managing the weekly vendor invoice process, totaling approximately $476,475 for the Fiscal Year 2022/23, all of which will be able to perform higher functions by shedding redundant data entry and benefiting from electronic document workflow.
Also, there is anticipated direct savings from eliminating redundant software and services currently in place. Except for the current financial system, which has an annual cost of $130,000, the complete list of specific software is not yet determined The table above shows the one-time and year 1 costs needed for the Fiscal Year 2022/23 Budget.
The costs for year 2 through year 15 will be included in the Department of Innovation and Technology (DoIT) operating budget and approved through the annual budget process.
Additionally, the proportional share of the future annual subscription costs related to the City and Fire District will be captured via the cost allocation plan by adding to the overhead costs that are allocated to the City’s various special funds and the Fire District. The proportionate share for the Fiscal Year 2022/23 will be allocated directly to the Fire District through this staff report and other City funds will be examined during the Fiscal Year for and allocated their proportional share.
The table below accumulates the one-time and year 1 costs. It calculates the allocation between the City and Fire District based on the proportional number of personnel which is the basis for the subscription costs for Workday. Based on those figures, the City and Fire District's proportionate shares of the ERP implementation costs are 74% and 26%, respectively. If the number of City and Fire employees in future years increases by more than 5% over the baseline amount, the subscription fee will increase accordingly.
Vendor / ERP Component Estimated Total City Fire District Workday $379,450 $280,800 $98,650
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Collaborative Solutions $3,148,520 $2,329,910 $818,610 Teller $121,560 $89,960 $31,600
SDI $403,760 $298,790 $104,970
Integrations $134,200 $99,310 $34,890
Staff Backfill and Other $373,500 $276,390 $97,110
Contingency $560,000 $414,400 $145,600
Total $5,120,990 $3,789,560 $1,331,430
The City Council has already appropriated $4,600,000 in the Computer Equipment and Technology Replacement Fund account number 1714001-5300 (Contract Services) for the ERP system. Also, SDI's existing agreement for $270,000 (funded by the same account number) has a remaining balance of $203,215. Those combined appropriations of $4,803,215 can be applied to the total estimated costs for the Fiscal Year 2022/23. An additional appropriation of $317,775 into account number 1714001-5300 (Contract Services) is requested to fund this year’s project costs:
ERP System Costs Budgeted $4,600,000
SDI Remaining Budget $203,215
Remaining Budget $4,803,215
Additional Appropriation Requested $317,775
Estimated Costs for Fiscal Year 2022/23 $5,120,990
To account for the proportionate share of costs from the Fire District, an appropriation of $1,331,430 is requested from the Fire Protection Capital Fund into account number 3288501- 9714 (Operating Transfer Out) to transfer funds to the Computer Equipment and Technology Replacement Fund. A corresponding appropriation of $1,331,430 from the Computer Equipment and Replacement Technology Fund into account number 1714000-8288 (Operating Transfer In) is also necessary.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The ERP software consulting supports the City Council's vision to build on our success as a world- class community by intentionally embracing and anticipating the future and creating opportunities for all to thrive.
ATTACHMENTS:
None