Agenda packet — Rancho Cucamonga City Council, July 5, 2023 (part 2 of 2)

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•An increase from $144.12 to $154.21, or 7.0% but below the maximum allowable rate of $1,761.92, is recommended for CFD 88-1. This increase is necessary as operating costs have risen similarly to CFD 85-1. Several years ago, the Fire Board approved a rate reduction for CFD 88-1 to establish tax uniformity with CFD 85-1 for the property owners in both Districts. Consequently, during each budget process, the Fire District General Fund approves a fixed amount to support the District's operations and maintenance. For Fiscal Year 2023/24, the General Fund will contribute $2,450,600 to CFD 88-1 to support operations.

The table below summarizes the special tax levy (for a single-family residence) for each District for Fiscal Year 2023/24. The recommended rates comply with and are below the maximum rate allowed by the District.

District Current
Levy
Recommended
Levy Maximum Levy Notes
CFD 85-1 $144.12 $154.21 $208.29

7.0% increase to reflect
operating costs and capital
improvement project.

CFD 88-1 $55.43 to
$144.12
$59.31 to
$154.21
$674.49 to
$1,761.92

7.0% increase to reflect
operating costs.

FISCAL IMPACT:

The special tax revenues collected for each District are solely used for the services and administration costs related to that specific District. The District's Annual Status Report details the estimated expenses for administration, personnel services, and maintenance and operations within the Districts. As mentioned earlier, the Fire District General Fund's contribution to CFD 88-1 was approved and budgeted by the Fire Board during the budget approval process.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addresses the City Council’s core value of intentionally embracing and anticipating the future by complying with reporting requirements for special taxes to provide public services and administrative costs for the Districts.

ATTACHMENTS:

Attachment 1 – Resolution CFD 85-1
Attachment 2 – Annual Status Report - CFD 85-1
Attachment 3 – Resolution CFD 88-1
Attachment 4 – Annual Status Report - CFD 88-1
Resolution No. FD 2023-XXX - Page 1 of 5
ATTACHMENT 1
RESOLUTION NO. FD 2023-XXX

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO

CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO

COUNTY, CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2023/24
WHEREAS,the Board of Directors of the Rancho Cucamonga Fire Protection District, California, (formerly Foothill Fire Protection District, hereinafter referred to as the "legislative body"), (a) initiated proceedings in 1985 to (i) form the Foothill Fire Protection District Community Facilities District No. 85-1 (“CFD No. 85-1”) and (ii) authorize the levy of special taxes within CFD No. 85-1; (b) held a public hearing regarding the foregoing and formed CFD No. 85-1; and (c) conducted an election on December 10, 1985, and more than two-thirds (2/3) of the qualified electors voted in favor of a proposition authorizing the levy of special taxes in CFD No. 85-1, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS,this legislative body, by ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the annual levy of a special tax to pay for costs and expenses related to said CFD No. 85-1 at the rate and apportion the special tax in the manner specified in the resolution adopted pursuant to Article 2 (commencing with Section 53318 of the Government Code), except that this Board of Directors may levy the special tax at a lower rate; and WHEREAS,this Board of Directors desires to levy a special tax in the CFD No. 85-1 for the Fiscal Year 2023/24

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HEREBY RESOLVES:

SECTION 1: Levy of Special Tax. That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the Fiscal Year 2023/24 for the CFD No. 85-1 is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "A".

SECTION 2: Exempt Properties. That properties or entities of the State, Federal or other local governments shall be exempt from such special tax.

SECTION 3: Use of Special Tax. That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority:
(a) The construction, acquisition, expansion and/or rehabilitation of public facilities, within or for the benefit of the CFD No. 85-1 generally described as follows:

Fire protection and suppression facilities and appurtenances, including equipment, real property and other tangible property with an estimated useful life of five years or longer. (b) The services to be provided within the CFD No. 85-1 are generally described as follows:

The performance by employees of functions, operations and maintenance and repair activities in order to provide fire protection within the CFD No. 85-1. (c) The repayment of advances and loans. The special tax shall be used solely for the purposes specified above and for no other purpose.

Resolution No. FD 2023-XXX - Page 2 of 5
ATTACHMENT 1
SECTION 4: Annual Adjustment in Maximum Special Tax. Pursuant to authorization of the qualified electorate, this Board of Directors hereby declares that it shall annually adjust the maximum special tax based upon the lesser of:
(a) changes in cost of living; or
(b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code occurring within the CFD No. 85-1 in the immediately preceding fiscal year. (c) The maximum authorized special tax rates are set forth in the attached referenced and incorporated Exhibit “B”
SECTION 5: Collection of Special Tax. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes.

PASSED, APPROVED, AND ADOPTED this ______ day of ___________ 2023.

Resolution No. FD 2023-XXX - Page 3 of 5
ATTACHMENT 1
EXHIBIT "A"
ACTUAL SPECIAL TAX FOR FISCAL YEAR 2023/24 IN
MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Structures Actual Annual Special Tax
Residential $154.21 per DU
Multi-Family Residential 2 DU 1.75 ($154.21)
3 DU 2.25 ($154.21)
4 DU 2.65 ($154.21)
5 - 14 DU 2.65 ($154.21) + {0.35 (TU-4) ($154.21)}
15 - 30 DU 6.15 ($154.21) + {0.30(TU - 14) ($154.21)}
31 - 80 DU 10.65 ($154.21) + {0.25(TU - 30) ($154.21)}
80 - up DU 23.15 ($154.21) + {0.20(TU - 80) ($154.21)}
Commerical
Industrial
Note: DU = Dwelling Unit
TU = Total Units
SF = Building Square Foot
$154.21 per acre + 0.083 per SF
$154.21 per acre + 0.1.02 per SF
Reduction
Commercial and industrial structures shall be granted a $0.01 reduction in the special tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a $0.01 reduction (not cumulative) in special tax for each separate floor above or below the main ground floor of the structure.

Resolution No. FD 2023-XXX - Page 4 of 5
ATTACHMENT 1
EXHIBIT "B"
MAXIMUM SPECIAL TAX FOR FISCAL YEAR 2023/24 IN
MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Per Capita Cost of Fiscal Year Maximum Special Tax
Living Change 2022/23 Base Fiscal Year 2023/24

1.0457% $199.19 DU $208.29 DU
Maximum Annual Special Tax
Structures Fiscal Year 2022/23
Residential $208.29 per DU
Multi-Family Residential 2 DU 1.75 ($208.29)
3 DU 2.25 ($208.29)
4 DU 2.65 ($208.29)
5 - 14 DU 2.65 ($208.29) + {0.35 (TU-4) ($208.29)}
15 - 30 DU 6.15 ($208.29) + {0.30(TU - 14) ($208.29)}
31 - 80 DU 10.65 ($208.29) + {0.25(TU - 30) ($208.29)}
80 - Up DU 23.15 ($208.29) + {0.20(TU - 80) ($208.29)}
Commerical
Industrial
Note: DU = Dwelling Unit
TU = Total Units
SF = Building Square Footage
($208.29) per acre + (0.108) per SF
($208.29) per acre + (0.134) per SF

ANNUAL ADJUSTMENT
The maximum Special Tax shall be annually adjusted commencing on July 1, 2023, and each July 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 2023-XXX - Page 5 of 5
ATTACHMENT 1

REDUCTION IN SPECIAL TAX
Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure.

LIMITATION ON SPECIAL TAX LEVY
The Special Tax shall only be levied on developed property; provided that the Special Tax shall not be levied until a “Certification of Occupancy” or “Utility Release” has been issued by the appropriate governmental agencies.

Developed property is defined to be property:
•Which is not owned by a public or governmental agency
•Which is not vacant
•Where a certificate of occupancy or utility release from the City of Rancho Cucamonga or the County of San Bernardino has been issued
•Which has an existing building or structure onsite
•Which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities – these properties are exempt. Areas granted as easements to power transmission towers, railroad tracks, and flood control facilities shall be subtracted from the total acreage of the underlying lot and shall be exempt.

The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax.

For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services – Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District.

ATTACHMENT 2

RANCHO CUCAMONGA

FIRE PROTECTION DISTRICT

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 85-1
(FOOTHILL FIRE PROTECTION DISTRICT)

ANNUAL STATUS REPORT
JULY 2023
Community Facilities District No. 85-1 1 Fiscal Year 2023/24 ATTACHMENT 2

BACKGROUND
On December 10, 1985, the electors within the boundary of Community Facilities District No. 85-1 (CFD No. 85-1) the Rancho Cucamonga Fire Protection District (formerly Foothill Fire Protection District, the “District”) voted in favor of a proposition to authorize the levy of a special tax for fire suppression services and facilities, to establish an appropriations limit and to annually adjust the special tax and appropriations limit based upon changes in the cost of living and changes in population. CFD No. 85-1 is bounded generally on the north by the 210 Freeway, on the east by Etiwanda, on the south by 4th and on the west by Archibald.

The maximum special tax shall be annually adjusted for the lesser of (a) changes in cost of living; or (b) changes in the cost of living and changes in population as defined in Section 7901 of the Government Code, as amended.

Fiscal Year 2023/24, the maximum tax rate which could be levied is adjusted per (b) changes in the cost of living and changes in population. The maximum tax rate will increase from $199.19 to $208.29, or 4.57%. The actual assessment rate will increase from $144.12 to $154.21 per single-family residence, an increase of 7.0% as compared to Fiscal Year 2022/23.

Community Facilities District No. 85-1 2 Fiscal Year 2023/24 ATTACHMENT 2
COMMUNITY FACILITIES DISTRICT NO. 85-1
(FOOTHILL FIRE PROTECTION DISTRICT)
ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023/24
Structures Actual Annual Special Tax
Residential $154.21 per DU
Multi-Family Residential 2 DU 1.75 ($154.21)
3 DU 2.25 ($154.21)
4 DU 2.65 ($154.21)
5 - 14 DU 2.65 ($154.21) + {0.35 (TU-4) ($154.21)}
15 - 30 DU 6.15 ($154.21) + {0.30(TU - 14) ($154.21)}
31 - 80 DU 10.65 ($154.21) + {0.25(TU - 30) ($154.21)}
80 - up DU 23.15 ($154.21) + {0.20(TU - 80) ($154.21)}
Commerical
Industrial
Note: DU = Dwelling Unit
TU = Total Units
SF = Building Square Foot
$154.21 per acre + 0.083 per SF
$154.21 per acre + 0.1.02 per SF
Reduction
Commercial and industrial structures shall be granted a $0.01 reduction in the special tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a $0.01 reduction (not cumulative) in special tax for each separate floor above or below the main ground floor of the structure.

Community Facilities District No. 85-1 3 Fiscal Year 2023/24 ATTACHMENT 2
COMMUNITY FACILITIES DISTRICT NO. 85-1
(FOOTHILL FIRE PROTECTION DISTRICT)

PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year 2023/24 BudgetSources
Taxes:Estimated Assessments, Net of Estimated Delinquencies 6,914,950$ Anticipated Prior Year Delinquencies Collection 24,150Subtotal - Taxes 6,939,100Interest Revenue 58,790Transfers In 2,735,990Total Proposed Sources 9,733,880 Uses
Communications 445,880Fire Suppression 9,075,680Fire Station Operations and Maintenance 150,370Vehicle and Equipment Maintenance 28,000Capital Expenditures 647,920Admin./General Overhead 329,070Total Proposed Uses 10,676,920 Contribution to/(Use of) Fund Balance (943,040)$
Community Facilities District No. 85-1 4 Fiscal Year 2023/24 ATTACHMENT 2

Resolution No. FD 2023-XXX - Page 1 of 4
ATTACHMENT 3
RESOLUTION NO. FD 2023-XXX

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO

CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO

COUNTY, CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL YEAR 2023/24
WHEREAS,the Board of Directors of the Rancho Cucamonga Fire Protection District, California, (formerly Foothill Fire Protection District, hereinafter referred to as the "legislative body"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. This community facilities district shall hereinafter be referred to as Community Facilities District No. 88-1 (hereinafter referred to as the "CFD No. 88-1"); and
WHEREAS,this legislative body, by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said CFD No. 88-1, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year and to adjust the maximum special tax authorization to be levied.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HEREBY RESOLVES:

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

SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2023/24 for the referenced CFD No. 88-1 is hereby determined and established as set forth in the attached, referenced, and incorporated Exhibit "A".

SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the CFD No. 88-1.

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

A. Payment of principal and interest on any outstanding authorized bonded indebtedness, if any; B. Necessary replenishment of bond reserve funds or other reserve funds, including sinking funds; C. Payment of costs and expenses of authorized public facilities and public services, including the administration of the special tax levy; and
D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose.

SECTION 5: That the maximum authorized special tax rates for all developed properties are hereby adjusted pursuant to Ordinance No. 17. The maximum authorized special tax rates are set forth in the attached, referenced, and incorporated Exhibit "B".

SECTION 6: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in Resolution No. FD 2023-XXX - Page 2 of 4
ATTACHMENT 3
cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

SECTION 7: All monies above collected shall be paid into the CFD No. 88-1 funds, including any bond fund and reserve fund.

SECTION 8: The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked "public improvements," "special tax" or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax reference is made to the attached Exhibit "A".

SECTION 9: The County Auditor shall then, at the close of the tax collection period, promptly render to the Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

PASSED, APPROVED, AND ADOPTED this _______ day of ___________ 2023.

Resolution No. FD 2023-XXX - Page 3 of 4
ATTACHMENT 3
EXHIBIT "A"
SPECIAL TAX FOR FISCAL YEAR 2023/24 IN
COMMUNITY FACILITIES DISTRICT NO. 88-1

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT

SPECIAL TAX LEVY SPECIAL TAX LEVY
TAXING CLASSIFICATION FISCAL YEAR 2022/23 FISCAL YEAR 2023/24

1. DEVELOPED PROPERTY
A. Residential Class I $144.12 $154.21
(more than 3,590 SF)
B. Residential Class II 110.86 118.62
(3,077 to 3,589 SF)
C. Residential Class III 88.69 94.90
(2,564 to 3,076 SF)
D. Residential Class IV 77.60 83.03
(2,308 to 2,563 SF)
E. Residential Class V 66.52 71.17
(2,051 to 2,307 SF)
F. Residential Class VI 60.97 65.24
(1,795 to 2,050 SF)
G. Residential Class VII 55.43 59.31
(less than 1,795 SF)
Commerical/Industrial Property $221.72 per acre or $0.061 $237.24 per acre or $0.065 per sq.ft of building area, per sq.ft of building area, whichever is greater whichever is greater

2. APPROVED PROPERTY $99.77 per lot or parcel $106.75 per lot or parcel

3. VACANT PROPERTY $5.54 per acre $5.93 per acre
SF = Square Feet
Resolution No. FD 2023-XXX - Page 4 of 4
ATTACHMENT 3
EXHIBIT "B"
SPECIAL TAX FOR FISCAL YEAR 2023/24 IN
COMMUNITY FACILITIES DISTRICT NO. 88-1

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT

MAXIMUM SPECIAL TAX RATE
TAXING CLASSIFICATION FISCAL YEAR 2022/23 FISCAL YEAR 2023/24

1. DEVELOPED PROPERTY
A. Residential Class I $1,684.92 $1,761.92
(more than 3,590 SF)
B. Residential Class II 1,291.99 1,351.03
(3,077 to 3,589 SF)
C. Residential Class III 1,031.03 1,078.14
(2,564 to 3,076 SF)
D. Residential Class IV 903.69 944.98
(2,308 to 2,563 SF)
E. Residential Class V 773.33 808.67
(2,051 to 2,307 SF)
F. Residential Class VI 714.28 746.92
(1,795 to 2,050 SF)
G. Residential Class VII 645.02 674.49
(less than 1,795 SF)
Commerical/Industrial Property $2,593.32 per acre or $0.20964 $2,711.83 per acre or $0.21922 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 2023/24.

Population CPI*
Change Change Factor
1 X 1.0457 = 1.0457
*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
JULY 2023
Community Facilities District No. 88-1 1 Fiscal Year 2023/24 ATTACHMENT 4

BACKGROUND
On April 4, 1989, the qualified voters approved the formation of Mello-Roos Community Facilities District No. 88-1 (“CFD No. 88-1”) and authorized CFD No. 88-1 to annually levy a special tax to provide for fire protection services within northeast Etiwanda. On May 19, 1989, the Board of Directors of the Rancho Cucamonga Fire Protection District (formerly Foothill Fire Protection District) adopted an Ordinance authorizing the CFD No. 88-1, by Resolution, to annually levy a special tax in CFD No. 88-1 for purposes of land acquisition, fire station construction, purchase of equipment and operations and maintenance costs for fire protection services. CFD No. 88-1 is located within the boundaries of Highland, Cherry, Day Creek Channel and the San Bernardino National Forest.

Fiscal Year 2023/24, the maximum tax rate which could be levied is adjusted per (b) changes in the cost of living and changes in population. The maximum tax rate will increase from $1,684.92 to $1,761.92, or 4.57%. The actual assessment rate will increase from $144.12 to $154.21, an increase of 7.0% as compared to Fiscal Year 2022/23.

Community Facilities District No. 88-1 2 Fiscal Year 2023/24 ATTACHMENT 4
COMMUNITY FACILITIES DISTRICT NO. 88-1
(FIRE PROTECTION DISTRICT)
ANNUAL SPECIAL TAX FISCAL YEAR 2023/24

SPECIAL TAX LEVY SPECIAL TAX LEVY
TAXING CLASSIFICATION FISCAL YEAR 2022/23 FISCAL YEAR 2023/24

2. APPROVED PROPERTY $99.77 per lot or parcel $106.75 per lot or parcel

3. VACANT PROPERTY $5.54 per acre $5.93 per acre
SF = Square Feet
Community Facilities District No. 88-1 3 Fiscal Year 2023/24 ATTACHMENT 4
COMMUNITY FACILITIES DISTRICT NO. 88-1
(FIRE PROTECTION DISTRICT)

PROPOSED SOURCES AND USES OF FUNDS
Fiscal Year 2023/24 BudgetSources
Taxes:Estimated Assessments, Net of Estimated Delinquencies 448,170$ Anticipated Prior Year Delinquencies Collection 7,220Subtotal - Taxes 455,390 Transfers In 2,450,600Total Proposed Sources 2,905,990
Uses
Communications 111,490Fire Suppression 2,618,080Fire Station Operations and Maintenance 46,310Admin./General Overhead 130,110Total Proposed Uses 2,905,990$ Community Facilities District No. 88-1 4 Fiscal Year 2023/24 ATTACHMENT 4

DATE:July 5, 2023
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Noah Daniels, Finance Director
Darci Vogel, Fire Business Manager
Kelly Guerra, Special Districts Analyst
SUBJECT: Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 85-1, Annexation No. 23-1, and Ordering the Annexation of Such Property Located at 12981, 12987, 12997, 13003, and 13045 Whittram Avenue in Community Facilities District No. 85-1. (RESOLUTION NO. FD 2023-027) (FIRE)
RECOMMENDATION:

Staff recommends the Fire Board approve a resolution declaring results of a special election in Community Facilities District No. 85-1, Annexation No. 23-1, and ordering the annexation of property located at 12981, 12987, 12997, 13003, and 13045 Whittram Avenue (the “Annexation Territory”) to Community Facilities District No. 85-1.

BACKGROUND:

Patriot Development Partners, property owner of APN 0229-162-04 (12987 Whittram Avenue), APN 0229-162-05 (13045 Whittram Avenue), APN 0229-162-11 (12997 Whittram Avenue), APN 0229-162-12 (13003 Whittram Avenue), and APN 0229-162-13 (12981 Whittram Avenue) located within the Fire Protection District (the "Territory"), is conditioned by the Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85-1 to satisfy fire protection service mitigation impacts.

On May 17, 2023, the Board declared its intention to annex APN 0229-162-04, APN 0229-162- 05, APN 0229-162-11, APN 0229-162-12, and APN 0229-162-13 into CFD No. 85-1. On June 21, 2023, a public hearing was held regarding the annexation and following such hearing, the Board of Directors adopted a resolution calling for a special election to submit the qualified electors of the Annexation Territory a ballot measure pertaining to the authorization to levy a special tax within the Annexation Territory. A special election was scheduled June 21, 2023.

ANALYSIS:

On June 21, 2023, the landowner submitted their ballot to the Board Secretary. The Board Secretary has canvassed the ballot and completed the statement of votes cast (see Exhibit "A" of Resolution). The Landowner cast their vote unanimously in favor of the levy of the special tax in the Annexation Territory. Adoption of this resolution constitutes the formal action of the Board declaring the results of the election and the annexation of the Annexation Territory to Community Facilities District No. 85-1 and directs the recordation of an amendment to the existing Notice of

Page 2 ends

1 9
2 5
Special Tax Lien. By recordation of this amendment, prospective purchasers of property within the Annexation Territory will have notice of the special tax obligation affecting such property.

FISCAL IMPACT:

The special tax revenues that are collected of the CFD No. 85-1 are used to pay for public facilities and services in the District area. Costs related to the administering of the District are the responsibility of the property owners within the District. Annexation of the property will ensure the property owner covers the cost of increased demand for fire services resulting from new development within the Territory.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. Annexation of the property into CFD 85-1 ensures the delivery of vital fire and life safety services to all residents while satisfying fire protection service mitigation impacts.

ATTACHMENTS:

Attachment 1 – Resolution No. FD 2023-027, Annexation 23-1 Election Results Resolution No. FD 2023-XXX Page 1 of 2
ATTACHMENT 1
RESOLUTION NO. FD 2023-XXX

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO

CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 23-1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1
WHEREAS, the Board of Directors (the "Board of Directors") of the Rancho Cucamonga Fire Protection District, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as Community Facilities District No. 85-1 (the “District”); and,
WHEREAS, the area proposed to be annexed is known and designated as Community Facilities District No. 85-1, Annexation No. 23-1 ("Annexation Territory”), and, WHEREAS, the Board of Directors called for and ordered an election to be held to submit to the qualified voters of the Annexation Territory a proposition to levy a special tax in the Annexation Territory; and,
WHEREAS, at this time said election has been held and the measure voted upon did receive the favorable two-thirds (2/3) vote of the qualified voters, and the Board desires to declare the favorable results of the election and to order the annexation of the Annexation Territory to the District.

NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows:

1. The above recitals are all true and correct.

2. The Board of Directors hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the Election Official, said Statement setting forth the number of votes cast in the election, the measure voted upon, and the number of votes given for and/or against the measure voted upon. A copy of said Certificate and Statement is attached hereto marked Exhibit "A", referenced and so incorporated.

3. The Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATEMENT OF VOTES CAST.

4. The Board of Directors hereby orders the annexation of the Annexation Territory to the District and further determines that the Board is now authorized to levy the special taxes within the Annexation Territory as approved and authorized by the qualified electors of the Annexation Territory.

5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office of the County Recorder.

Resolution No. FD 2023-xxx - Page 2 of 3
ATTACHMENT 1
PASSED, APPROVED AND ADOPTED this ________ day of _________________ 2023.

Resolution No. FD 2023-xxx - Page 3 of 3
ATTACHMENT 1
EXHIBIT “A”

CERTIFICATE OF ELECTION OFFICIAL

AND STATEMENT OF VOTES CAST

DATE:July 5, 2023
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Noah Daniels, Finance Director
Darci Vogel, Fire Business Manager
Kelly Guerra, Special Districts Analyst
SUBJECT: Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 85-1, Annexation No. 23-2, and Ordering the Annexation of Such Property Located at 13261 Arrow Route in Community Facilities District No. 85-1. (RESOLUTION NO. FD 2023-028) (FIRE)
RECOMMENDATION:

Staff recommends the Fire Board approve a resolution declaring results of a special election in Community Facilities District No. 85-1, Annexation No. 23-2, and ordering the annexation of property located at 13261 Arrow Route (the “Annexation Territory”) to Community Facilities District No. 85-1.

BACKGROUND:

Philip Wong and Raymond Chan, property owners of APN 0229-171-28 (13261 Arrow Route) located within the Fire Protection District (the "Territory"), are conditioned by the Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85-1 to satisfy fire protection service mitigation impacts.

On May 17, 2023, the Board declared its intention to annex APN 0229-171-28 into CFD No. 85-

1. On June 21, 2023, a public hearing was held regarding the annexation and following such hearing, the Board of Directors adopted a resolution calling for a special election to submit the qualified electors of the Annexation Territory a ballot measure pertaining to the authorization to levy a special tax within the Annexation Territory. A special election was scheduled June 21, 2023.

ANALYSIS:

Page 2 ends

1 9
2 6
FISCAL IMPACT:

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

ATTACHMENTS:

Attachment 1 – Resolution No. FD 2023-028, Annexation 23-2 Election Results Resolution No. FD 2023-XXX Page 1 of 2
ATTACHMENT 1
RESOLUTION NO. FD 2023-XXX

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO

CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 23-2 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1
WHEREAS, the Board of Directors (the "Board of Directors") of the Rancho Cucamonga Fire Protection District, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as Community Facilities District No. 85-1 (the “District”); and,
WHEREAS, the area proposed to be annexed is known and designated as Community Facilities District No. 85-1, Annexation No. 23-2 ("Annexation Territory”), and, WHEREAS, the Board of Directors called for and ordered an election to be held to submit to the qualified voters of the Annexation Territory a proposition to levy a special tax in the Annexation Territory; and,
WHEREAS, at this time said election has been held and the measure voted upon did receive the favorable two-thirds (2/3) vote of the qualified voters, and the Board desires to declare the favorable results of the election and to order the annexation of the Annexation Territory to the District.

NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows:

1. The above recitals are all true and correct.

3. The Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATEMENT OF VOTES CAST.

5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office of the County Recorder.

Resolution No. FD 2023-xxx - Page 2 of 3
ATTACHMENT 1
PASSED, APPROVED AND ADOPTED this ________ day of _________________ 2023.

Resolution No. FD 2023-xxx - Page 3 of 3
ATTACHMENT 1
EXHIBIT “A”

CERTIFICATE OF ELECTION OFFICIAL

AND STATEMENT OF VOTES CAST

DATE:July 5, 2023
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Noah Daniels, Finance Director
Darci Vogel, Fire Business Manager
Kelly Guerra, Special Districts Analyst
SUBJECT: Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 85-1, Annexation No. 23-3, and Ordering the Annexation of Such Property Located at 8629 Pecan Avenue in Community Facilities District No. 85-1. (RESOLUTION NO. FD 2023-029) (FIRE)
RECOMMENDATION:

Staff recommends the Fire Board approve a resolution declaring results of a special election in Community Facilities District No. 85-1, Annexation No. 23-3, and ordering the annexation of property located at 8629 Pecan Avenue (the “Annexation Territory”) to Community Facilities District No. 85-1.

BACKGROUND:

John Gaytan, property owner of 0229-151-27 (8629 Pecan Avenue), located within the Fire Protection District (the "Territory"), is conditioned by the Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85-1 to satisfy fire protection service mitigation impacts.

On May 17, 2023, the Board declared its intention to annex APN 0229-151-27 into CFD No. 85-

ANALYSIS:

Page 2 ends

1 9
2 7
FISCAL IMPACT:

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

ATTACHMENTS:

Attachment 1 – Resolution No. FD 2023-029, Annexation 23-3 Election Results Resolution No. FD 2023-XXX Page 1 of 2
ATTACHMENT 1
RESOLUTION NO. FD 2023-XXX

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO

CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 23-3 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1
WHEREAS, the Board of Directors (the "Board of Directors") of the Rancho Cucamonga Fire Protection District, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as Community Facilities District No. 85-1 (the “District”); and,
WHEREAS, the area proposed to be annexed is known and designated as Community Facilities District No. 85-1, Annexation No. 23-3 ("Annexation Territory”), and, WHEREAS, the Board of Directors called for and ordered an election to be held to submit to the qualified voters of the Annexation Territory a proposition to levy a special tax in the Annexation Territory; and,
WHEREAS, at this time said election has been held and the measure voted upon did receive the favorable two-thirds (2/3) vote of the qualified voters, and the Board desires to declare the favorable results of the election and to order the annexation of the Annexation Territory to the District.

NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows:

1. The above recitals are all true and correct.

3. The Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATEMENT OF VOTES CAST.

5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office of the County Recorder.

Resolution No. FD 2023-XXX - Page 2 of 3
ATTACHMENT 1
PASSED, APPROVED AND ADOPTED this ________ day of _________________ 2023.

Resolution No. FD 2023-XXX - Page 3 of 3
ATTACHMENT 1
EXHIBIT “A”

CERTIFICATE OF ELECTION OFFICIAL

AND STATEMENT OF VOTES CAST

DATE:July 5, 2023
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Robert Neiuber, Senior Human Resources Director SUBJECT: Consideration to Approve a Resolution Establishing Orderly Procedures for the Administration of Employer-Employee Relations Between the District and its Employee Organizations. (RESOLUTION NO. FD 2023- 032) (FIRE)
RECOMMENDATION:

Staff recommends the Fire Board of the Rancho Cucamonga Fire Protection District approve the attached resolution establishing orderly procedures for the administration of Employer-Employee Relations between the District and its employee organizations.

BACKGROUND:

The Rancho Cucamonga Fire District (District) does not currently have an Employer-Employee Relations Resolution (EERR) establishing orderly procedures for the administration of Employer- Employee Relations between the District and its employee organizations. Staff is bringing this forward now to address a request from Fire Management Employees Group to establish an appropriate unit for the Fire Business Manager position.

ANALYSIS:

While relations between the District and its recognized employee groups have been positive, best practices dictate that the District adopt such a resolution to assure timely, consistent, and orderly administration of employer-employee relations. Bargaining units in effect as of the effective date of the EERR (the Rancho Cucamonga Firefighters Local 2274, the Fire Support Services Association, and the Fire Management Employees Group) shall continue in effect. Staff met and consulted with all the Fire District’s recognized employee organizations and are bringing the EERR forward with their approval.

FISCAL IMPACT:

There is no fiscal impact resulting from the EERR.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addresses the Council’s core value of working cooperatively and respectfully with one another, and intentionally embracing and anticipating the future by taking actions to further attract and retain an exceptional workforce.

ATTACHMENTS:

Attachment 1 – Resolution No. FD2023-032 (FIRE)

Resolution No. FD 2023-XXX - Page 1 of 12
RESOLUTION NO. FD 2023-XXX

A RESOLUTION OF THE RANCHO CUCAMONGA FIRE

PROTECTION DISTRICT, CALIFORNIA, ESTABLISHING

ORDERLY PROCEDURES FOR THE ADMINISTRATION OF

EMPLOYER- EMPLOYEE RELATIONS BETWEEN THE DISTRICT

AND ITS EMPLOYEE ORGANIZATIONS
WHEREAS, Government Code Sections 3507 and 3507.5 empower a Fire District to adopt reasonable rules and regulations after consultation in good faith with representatives of its employee organizations for the administration of employer-employee relations; and WHEREAS, The Ranch Cucamonga Fire Protection District desires to establish an orderly procedures for administering employer-employee relations between the District and its various recognized employee organizations; and
WHEREAS, this Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) otherwise known as the Meyers- Milias-Brown Act; and
WHEREAS, This Resolution shall be known as the Employer-Employee Relations Resolution of the Rancho Cucamonga Fire Protection District; NOW, THEREFORE, BE IT RESOLVED:

Article I -- General Provisions
Sec. 1. Statement of Purpose:

This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations," (the Meyers-Milias-Brown Act) by providing orderly procedures for the administration of employer-employee relations between the District and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of state law, ordinances, resolutions and rules which establish and regulate the civil service system, or which provide for other methods of administering employer- employee relations. This Resolution is intended, instead, to strengthen civil service and other methods of administering employer- employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the District.

It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly and significantly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law. However, nothing herein shall be construed to restrict any legal or inherent exclusive District rights with respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; determine the content of job classifications; subcontract work; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

ATTACHMENT 1
Resolution No. FD 2023-XXX - Page 2 of 12
Sec. 2. Definitions:

As used in this Resolution, the following terms shall have the meanings indicated:
(a) "Appropriate unit" means a unit of employee classes or positions, established pursuant to Article II hereon.
(b) "District" means the Rancho Cucamonga Fire Protection District, and, where appropriate herein, refers to the District Board or any duly authorized District representative as herein defined.
(c) "Confidential Employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the District's administration of employer-employee relations.
(d) "Consult/Consultation in Good Faith" means to communicate orally or in writing with all affected recognized employee organizations for the purpose of presenting and obtaining views or advising of proposed actions in a good faith effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of the meet and confer process, does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof. (e) "Day" means calendar day unless expressly stated otherwise. (f) "Employee Relations Officer" means the City Manager or his/her duly authorized representative.
(g) "Exclusively Recognized Employee Organization" means an employee organization which has been formally acknowledged by the District as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees. Such recognition status may only be challenged by another employee organization as set forth in Article II section 8.
(h) "Impasse" means that the representatives of the District and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.
(i) "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of District policies and programs. (j) "Proof of Employee Support" means (1) an authorization card recently signed and personally dated by an employee, provided that the card has not been subsequently revoked in writing by the employee (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorizations, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within ninety (90) days prior to the filing of such proof of support.

Resolution No. FD 2023-XXX - Page 3 of 12
(k) "Supervisory Employee" means any employee having authority, in the interest of the District, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (I) Terms not defined herein shall have the meanings as set forth in the MMBA.

Article II -- Representation Proceedings
Sec. 3. Filing of Recognition Petition by Employee Organization:

An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation:
(a) Name and address of the employee organization.
(b) Names and titles of its officers.
(c) Names of employee organization representatives who are authorized to speak on behalf of the organization.
(d) A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the District. (e) A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization.
(f) Certified copies of the employee organization's constitution and bylaws. (g) A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose.
(h) A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition.
(i) The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. (j) A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the District. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. (k) A request that the Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.

The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it.

Resolution No. FD 2023-XXX - Page 4 of 12
Sec. 4. District Response to Recognition Petition:

Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
(a) There has been compliance with the requirements of the Recognition Petition, and
(b) The proposed representation unit is an appropriate unit in accordance with Sec. 9 of this Article 11.

If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he/she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing.

The petitioning employee organization may appeal such determination in accordance with Sec. 12 of this Resolution.

Sec. 5. Open Period for Filing Challenging Petition:

Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Sec. 3 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Sec. 9 of this Article II. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Sec. 12 of this Article 11.

Sec. 6. Granting Recognition Without an Election:

If the Petition is in order, and the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer shall request the California State Mediation and Conciliation Service, or another agreed upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the Employee Relations Officer shall formally acknowledge the petitioning employee organization as the Exclusive Recognized Employee Organization for the designated unit.

Sec. 7. Election Procedure:

Where recognition is not granted pursuant to Sec. 6, the Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with such party's rules and procedures subject to the provisions of this Resolution.

Resolution No. FD 2023-XXX - Page 5 of 12
All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the District.

Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the District in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election.

There shall be no more than one valid election under this Resolution pursuant to any petition in a 12-month period affecting the same unit.

In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service.

Costs of conducting elections shall be borne in equal shares by the District and by each employee organization appearing on the ballot.

Sec. 8. Procedure for Decertification of Exclusively Recognized Employee Organization:

A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:
(a) The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. (b) The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit. (c) An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto.
(d) Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section.

Resolution No. FD 2023-XXX - Page 6 of 12
An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent, that includes the allegation and information required under this Section 8, and otherwise conforms to the requirements of Section 3 of this Article.

The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his/her determination is in the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing.

The petitioning employees or employee organization may appeal such determination in accordance with Sec. 12 of this Article II. If the determination of the Employee Relations Officer is in the affirmative, or if his negative determination is reversed on appeal, he/she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees.

The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Sec. 7 of this Article II.

During the "open period" specified in the first paragraph of this Sec. 8, the Employee Relations Officer may on his/her own motion, when he/she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he/she will arrange for an election to determine that issue. In such event any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Sec. 8, which the Employee Relations Officer shall act on in accordance with this Sec. 8.

If, pursuant to this Sec. 8, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term.

Sec. 9. Policy and Standards for Determination of Appropriate Units:

The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the District and its compatibility with the primary responsibility of the District and its employees to effectively and economically serve the public, and
(2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be:
(a) Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions.
(b) History of representation in the District and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.
(c) Consistency with the organizational patterns of the District. (d) Effect of differing legally mandated impasse resolution procedures.

Resolution No. FD 2023-XXX - Page 7 of 12
(e) Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units.
(f) Effect on the classification structure and impact on the stability of the employer- employee relationship of dividing a single or related classification among two or more units.

Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defined in Sec. 2 of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore managerial, supervisory and confidential employees may only be included in a unit consisting solely of managerial, supervisory or confidential employees respectively. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees.

Peace Officers have the right to be represented in separate units composed solely of such peace officers.

Also, under the MMBA, professional employees have the right to be represented separately from non-professional employees.

The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. The decision of the Employee Relations Officer shall be final.

Sec. 10. Procedure for Modification of Established Appropriate Units:

Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Sec. 8 of this Article II or within 30 days of the initial adoption of the Employer Employee Relations Resolution. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Sec. 3 of this Article, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Sec. 9 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article 11.

The Employee Relations Officer may by his own motion propose that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard.

Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Sec. 9 of this Article II and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in Section 12 of this Article. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Sec. 3 hereof.

Sec. 11. Procedure for Processing Severance Requests:

An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization.

The timing, form and processing of such request shall be as specified in Sec. 10 for modification requests.

Resolution No. FD 2023-XXX - Page 8 of 12
Sec. 12. Appeals:

An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer; or an employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Sec. 3), Challenging Petition (Sec. 5), Decertification Petition (Sec. 8), Unit Modification Petition (Sec. 10) --- or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Sec. 8) or Severance Request (Sec. 11) ---has not been filed in compliance with the applicable provisions of this Article, may, within ten (10) days of notice of the Employee Relations Officer's final decision, request to submit the matter to mediation by the State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the District Board for final decision within fifteen (15) days of notice of the Employee Relations Officer's determination or the termination of mediation proceedings, whichever is later.

Appeals to the District Board shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The District Board shall commence to consider the matter within thirty (30) days of the filing of the appeal. The District Board may, in its discretion, refer the dispute to a non-binding third party hearing process. Any decision of the District Board on the use of such procedure, and/or any decision of the District Board determining the substance of the dispute shall be final and binding.

Article Ill -- Administration
Sec. 13. Submission of Current Information by Recognized Employee Organizations:

All changes in the information filed with the District by an Exclusively Recognized Employee Organization under items (a.) through (h.) of its Recognition Petition under Sec. 3 of this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change.

Sec. 14. Employee Organization Activities -- Use of District Resources:

Access to District work locations and the use of District paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memoranda of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer-employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere with the efficiency, safety and security of District operations.

Sec. 15. Administrative Rules and Procedures:

The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations.

Resolution No. FD 2023-XXX - Page 9 of 12
Article IV -- Impasse Procedures
Sec. 16. Initiation of Impasse Procedures:

If the meet and confer process has reached impasse as defined in Section 2 of this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues.

An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be:
(a) To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and
(b) If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein.

Sec. 17. Impasse Procedures:

Impasse procedures are as follows:
(a) If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.
(b) If the parties agree to, and do participate in mediation, and if mediator is unable to effect settlement of the controversy, the employee organization may present a request to the District and the Public Employment Relations Board (PERB) to submit the impasse to fact-finding. This request by the employee organization to submit the impasse to fact-finding must be made no sooner than 30 days, but no later than 45 days, following the selection of a mediator by the parties. (c) If the parties do not agree to participate in mediation, the employee organization may present a request to the District and PERB to submit the impasse to fact-finding no later than 30 days following the date that either party has provided the other a written notice of declaration of impasse.
(d) Within five (5) working days after PERB's determination that the request for fact- finding is sufficient, a fact-finding panel of three (3) shall be appointed in the following manner: One member of the panel shall be appointed by the Employee Relations Officer, and one member shall be appointed by the Exclusively Recognized Employee Organization. PERB shall, within five (5) working days after making its determination that the request for fact-finding is sufficient, submit the names of seven persons, drawn from the list of neutral fact-finders established pursuant to Government Code section 3541.3(d). PERB shall thereafter designate one of the seven persons to serve as the chairperson unless notified by the parties within five (5) working days that they have mutually agreed upon a person to chair the panel in lieu of a chairperson selected by PERB. (e) The following constitute the jurisdictional and procedural requirements for fact- finding:
(1) The panel shall, within ten (10) days after its appointment, meet with the parties or their representatives, either jointly or separately, and may make inquiries and investigations, hold hearings, and take any other steps it deems appropriate. The panel shall have subpoena power with regard to hearings, investigations and inquiries. (2) Subject to the stipulations of the parties, the fact-finders shall consider, weigh and be guided by the following measures and criteria in arriving at their findings and recommendations:

Resolution No. FD 2023-XXX - Page 10 of 12
public agency.

I. State and federal laws that are applicable to the employer.

II. Local rules, regulations, or ordinances.

Ill. Stipulations of the parties.

IV. The interests and welfare of the public, and the financial ability of the V. Comparison of the wages, hours, and conditions of employment of the employees involved in the fact-finding proceeding with the wages, hours, and conditions of employment of other employees performing similar services in comparable public agencies.

VI. The consumer price index for goods and services, commonly known as the cost of living.

VII. The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays, and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.

VIII. Any other facts not confined to those specified in paragraphs (1)-(VII), inclusive, which are normally or traditionally taken into consideration in making the findings and recommendations, including, but not limited to:

A. Maintaining appropriate compensation relationships between classifications and positions within the District; B. Other legislatively determined and projected demands on agency resources (i.e., budgetary priorities as established by the governing body); C. Allowance for e q u i t a b l e c o m p e n s a t i o n increases for other employees and employee groups for the corresponding fiscal period(s); D. Revenue projections not to exceed currently authorized tax and fee rates for the relevant fiscal year(s);
E. Assurance of sufficient and sound budgetary reserves; and F. Constitutional, statutory, and Municipal Code limitations on the level and use of revenues and expenditures.
(3) Within thirty (30) days after the appointment of the fact-finding panel, or, upon agreement by both parties within a longer period, the panel shall make written findings of fact and advisory recommendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria and limitations specified above. Any member of a fact-finding panel shall be accorded the right to file dissenting written findings of fact and recommendations.

The fact-finder or chairperson of the fact-finding panel shall serve such findings and recommendations on the Employee Relations Officer and the designated representative of the Exclusively Recognized Employee Organization before they are made available to the public. (If these parties have not resolved the impasse within ten (10) days after service of the findings and recommendations upon them, the District shall make them public by submitting them to the City Clerk for consideration by the District Board in connection with the Board's legislative consideration of the impasse.

Resolution No. FD 2023-XXX - Page 11 of 12
(g) After any applicable mediation and fact-finding procedures have been exhausted, but no earlier than ten (10) days after the fact finders' written findings of fact and recommended terms of settlement have been submitted to the parties, the District Board may hold a public hearing regarding the impasse, and take such action regarding the impasse as it in its discretion deems appropriate as in the public interest, including implementation of the District's last, best and final offer. Any legislative action by the District Board on the impasse shall be final and binding. (h) The costs for the services of the panel chairperson agreed upon by the parties shall be equally divided between the parties, and shall include per diem fees, if any, and actual and necessary travel and subsistence expenses. The per diem fees shall not exceed the per diem fees stated on the chairperson's resume on file with PERB. The chairperson's bill showing the amount payable by the parties shall accompany his or her final report to the parties and PERB. The parties shall make payment directly to the chairperson.
i) Any other mutually incurred costs shall be borne equally by the parties. Any separately incurred costs for the panel member selected by each party shall be borne by that party.

Sec. 18. Costs of Impasse Procedures:

The cost for the services of a mediator and chairperson of a fact-finding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding, shall be borne equally by the District and Exclusively Recognized Employee Organization. The cost for a fact- finding panel member selected by each party, and other separately incurred costs, shall be borne by such party.

Article V -- Miscellaneous Provisions
Sec. 19. Construction:

This Resolution shall be administered and construed as follows:
(a) Nothing in this Resolution shall be construed to deny to any person, employee, organization, the District, or any authorized officer, body or other representative of the District, the rights, powers and authority granted by federal or state law. (b) This Resolution shall be interpreted so as to carry out its purpose as set forth in Article I.
(c) Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to District employees or employee organizations. Sec. 20. Severability:

If any provision of this Resolution, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

Resolution No. FD 2023-XXX - Page 12 of 12
PASSED, APPROVED, AND ADOPTED _____________________________________.

ATTEST:

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

DISTRICT OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, District Clerk of the District of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the District Board of the District of Rancho Cucamonga, at a Regular Meeting of said Board held on the ____________________.

AYES:

NOES:

ABSENT:

ABSTAINED:

Executed this ____________________ at Rancho Cucamonga, California.

Janice C. Reynolds, Clerk
DATE:July 5, 2023
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Elisa C. Cox, Assistant City Manager
SUBJECT: Consideration of Resolution No. 2023-086, Adopting Rules of Decorum and Order that Promote Civility at All Public Meetings. (RESOLUTION NO. 2023-086) (CITY/FIRE)
RECOMMENDATION:

Staff recommends the City Council and Fire Board of the Rancho Cucamonga Fire Protection District approve the resolution adopting rules of decorum and order that promote civility at all public meetings.

BACKGROUND:

Every year, for over two decades, the Rancho Cucamonga City Council has met one or more times a year for teambuilding. During prior meetings, the City Council has developed a Vision, Mission, and Core Values, including ethics statements and governing expectations. The City Council also has discussed team dynamics and group and individual strengths and communication styles. Finally, each year, the City Council receives an update on the prior calendar year goals and drafts new goals for the ensuing calendar year and reviews legislative matters.

This year’s teambuilding took place on January 30 and June 12, 2023 at the Victoria Gardens Cultural Center. During the teambuilding sessions, City Council discussed adopting approved polices to promote civility and maintain decorum at local public meetings and aligning with recently adopted processes for governing conduct of public meetings under Senate Bill (SB) 1100 (Cortese) which was adopted by the California Legislature in 2022.

ANALYSIS:

In response to City Council’s direction, staff researched best practices for implementing SB 1100 and outlining recommendations for rules of decorum and order that promote civility at all public meetings. Included in Exhibit A of the attached resolution that emphasizes the City Council’s commitment to the democratic process, individual right of expression, robust debate, and tolerance for disparate views. Adopting rule of decorum and order applicable to all public meetings will help the City implement SB 1100 and ensure that civic engagement and local democracy continue to flourish in the city.

After much consideration and discussion, the City Council requested a recommendation to revise the public comment time from five (5) minutes to three (3) minutes, consistent with most other

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jurisdictions in California. As public meetings are business meetings where critical decisions are discussed and implemented, public entities should endeavor to strike a balance between the public’s need to address their elected officials, while also allowing the public entity to manage meetings and complete them in a reasonably efficient manner. Public comments are valued and are conducted at the beginning of meetings for one hour, and any remaining public comment is tendered to the end of the meeting. As the City has a population of over 175,000, many of which are working professionals who commute, this enables them to speak on topics that matter most to them at a timely hour. Changing the public comment time to 3 minutes enables more people to speak, increasing the number of speakers in the hour by approximately 50% without jeopardizing the business meeting. Further, the vast majority of speakers conclude remarks under 3 minutes; however, for those speakers that prepare for 5 minutes, their time often gets reduced when there are many speakers present, and the presiding officer limits the time to 3 minutes. Standardizing the time to speak to 3 minutes enables speakers to consistently know how much time they will have, better preparing speakers to effectively convey their messages, and maximizing the number of speakers.

Additional recommendations include general guidelines for all persons attending public meetings, rules of decorum, and procedures for enforcing the rules of decorum. This includes prohibiting disorderly or boisterous conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting and requiring that all remarks by members of the public be addressed to the Council, Commission, or Committee and not to any other members of the public.

FISCAL IMPACT:

There is no fiscal impact for implementing.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

The resolution addresses the core value of intentionally embracing and anticipating the future by adopting rules of decorum and order that promote civility at all public meetings.

ATTACHMENTS:

Attachment 1 – Resolution No. 2023-086
Resolution No. 2023-XXX - Page 1 of 4
RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, ADOPTING RULES OF DECORUM AND

ORDER THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS
A. Recitals

1. A majority of Americans believe that our society is increasingly uncivil and that this problem is particularly acute and particularly detrimental in national, state and local political arenas where it threatens government’s ability to function democratically and effectively.

2. In an effort to address this national trend many cities have approved policies to promote civility and maintain decorum at local public meetings.

3. The Rancho Cucamonga City Council is committed to the democratic process, individual rights of expression, robust debate, and tolerance for disparate views.

4. From time to time, the City Council, the City’s commissions and committees, and other City bodies convene public meetings to address controversial issues that can engender passionate and conflicting opinions.

5. An atmosphere of incivility and disrespect at these meetings can stifle participation and debate, threaten the quality of decisions, and undermine the local democratic process.

6. In 2022, the Legislature adopted, and the Governor signed, SB 1100 in order to limit disruptive behavior at public meetings, consistent with the Brown Act and the California and United State Constitutions.

7. SB 1100 defines disruptive behavior to include, among other things, a repeated failure to comply with reasonable and lawful regulations applicable to public meetings.

8. Adopting rules of decorum and order applicable to all public meetings within the City will help the City implement SB 1100 and ensure that civic engagement and local democracy continue to flourish in the City.

B. Resolution
NOW THEREFORE, the Rancho Cucamonga City Council does hereby find, determine, conclude, and resolve as follows:

1. All facts set forth in Part A, Recitals, of this Resolution are true and correct.

2. The City Council hereby approves and adopts the Rules of Decorum and Order at Public Meetings set forth in Exhibit A, which is attached hereto and incorporated herein by this reference.

3. All prior meeting rules of decorum and order adopted previously by the City Council are superseded by this Resolution. In the event of any conflict between the rules set Resolution No. 2023-XXX - Page 2 of 4
forth in Exhibit A and the rules, standards, or other policies of other City Commissions, Committees, and other Boards, the provisions of Exhibit A shall control.

4. This Resolution is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

5. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this ____ day of __________ 2023.

AYES:

NOES:

ABSENT:

ABSTAINED:
_______________________________
L. Dennis Michael
Mayor
ATTEST:
_______________________________
Janice C. Reynolds
City Clerk
I, Janice C. Reynolds, City Clerk, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on _________ __, 2023.

Executed this day _________, 2023 at Rancho Cucamonga, California. _______________________________
Janice C. Reynolds
City Clerk
Resolution No. 2023-XXX - Page 3 of 4

EXHIBIT A

RULES OF DECORUM AND ORDER AT PUBLIC MEETINGS
A. General Guidelines
The City has numerous public meetings such as City Council meetings, Commission meetings, and Committee meetings (hereinafter “Public Meetings”). In order to safeguard participatory democracy in the City, all persons attending Public Meetings should strive to:
•Treat everyone courteously
•Listen to others respectfully
•Exercise self-control
•Give open-minded consideration to all viewpoints
•Focus on the issues and avoid personalizing debate
•Embrace respectful disagreement and dissent as democratic rights that are inherent components of an inclusive public process and tools for forging sound decisions.

B. Rules of Decorum

1.No person attending a Public Meeting shall engage in disorderly or boisterous conduct—including but not limited to applause, whistling, stamping of feet, booing, or making any loud, threatening, profane, abusive, personal, impertinent, or slanderous utterance— that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting.

2.All remarks by members of the public shall be addressed to the Council, Commission, or Committee and not to any other member of the public.

3.Signs, placards, banners, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting.

4.All persons attending a Public Meeting shall remain seated in the seats provided, unless addressing the body at the podium or entering or leaving the meeting.

5.All persons attending a Public Meeting shall obey any lawful order of the Presiding Officer to enforce the Rules of Decorum.

6.In accordance with the Brown Act, all persons addressing the body that is conducting the Public Meeting shall limit their comments to items on the meeting agenda or any matter that is within the subject matter jurisdiction of the body.

7.The Presiding Officer may establish such rules as are necessary to control public debate to avoid irrelevant or repetitive remarks. No member of the public shall speak more than once during the same meeting as to the same agenda item or other matter, nor longer than 3 minutes at a time without leave of the Presiding Officer. The Presiding Officer may establish a shorter time period for speakers if announced before the beginning of the agenda item or public comment period.

Resolution No. 2023-XXX - Page 4 of 4
C. Enforcement of the Rules of Decorum

1.The Presiding Officer shall be responsible for maintaining the decorum at the Public Meeting and uniformly enforcing the Rules of Decorum.

2.In the event that any person breaches the Rules of Decorum in a manner that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting, the Presiding Officer or their designee shall warn the person that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. A warning shall not be required if the person is engaging in behavior that constitute a use of force or a true threat of force, as defined in Government Code Section 54957.95(b)(2).

3.If any person continues to breach the Rules of Decorum in a manner that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting following a warning from the Presiding Officer or their designee to cease the offending conduct, the Presiding Officer or their designee may remove, or cause the removal of, such person for disrupting the meeting.

4.If any person refuses to leave the Public Meeting following an order from the Presiding Officer or their designee to do so, the Presiding Officer or their designee may order any law enforcement officer on duty to remove that person from the Public Meeting.

The City Council, all City Commissions and Committees, and City staff shall promote the use of and adherence to these rules guidelines for behavior at all public meetings within the City.

Rancho Cucamonga City CouncilJuly 5, 2023

Rancho Cucamonga City Council
July 5, 2023