Rancho Cucamonga City Council
July 17, 2024

City of Rancho Cucamonga and Collaborative Solutions, LLC Statement of Work July 18, 2024

This SOW is proprietary and confidential to Collaborative Solutions, LLC. 4 assistance is needed, Client will log a case with Workday. Examples of emergency assistance include a system down issue or business critical function such as payroll not processing correctly. In non-emergency cases where urgent assistance is required, Client will submit a request via the ticketing system indicating the nature of the urgent request and contact the CSLLC EM. The CSLLC EM will work with Client to outline a plan of action to address the urgent issue in a timely manner. This may involve after hours support if mutually agreed upon between both Parties. Support ticket requests initiated outside of standard hours of operation (i.e., Saturday and Sunday) will receive an initial response when the window of standard hours of operation becomes available.
b. Request details on the configuration impacted, if not already provided. c. Determine a plan of action for all standard requests to support resolution of the issue which will be provided within forty-eight (48) hours of issue alert. d. Review configuration changes required with Client and request Client’s approval to apply fix.
e. If Client submits a request for assistance outside of the CSLLC ticketing system via any communication mechanism such as email, voice mail, text, or instant message, CSLLC is not subject to standard response times.

2.3 New Configuration Enhancement Requests: As new modification requests are received, CSLLC will:
a. Receive the modification request in the ticketing system. b. Gather information on the requirements and systems involved. c. Estimate the Scope of effort.
d. Request approval from Client, through ticketing system, to begin work via the ticket. • If level of effort is expected to exhaust available hours or is estimated to take more than forty (40) hours, a separate Change Order or SOW may be prepared.
• The CSLLC EM will request resource(s) upon signature of the Change Order and can take up to ten (10) business days from date of signature. Schedule the work with Client as determined between Client’s project manager and the CSLLC EM.
e. Complete configuration and Unit Testing.
f. Provide the change for User Acceptance Testing in Client’s Sandbox or Implementation tenant. CSLLC can assist with providing testing guidance, if requested.

3.0 Services and Responsibilities
This section identifies the Services to be performed by CSLLC and the responsibilities of Client.

Stage CSLLC Services Client Responsibilities
Transition | Plan –
(Occurs prior to
Support Services)

• The CSLLC EM will participate and
support the project kickoff meeting
for the engagement
• Create the work plan for identified
support requests based upon
current roadmap
• Participate in project kickoff meeting
• Request tenant access for CSLLC
consultants identified for planned work
• Identify and provide project team and
project Subject Matter Experts (“SMEs”)
• Provide input into the work plan based
upon roadmap

City of Rancho Cucamonga and Collaborative Solutions, LLC Statement of Work July 18, 2024

This SOW is proprietary and confidential to Collaborative Solutions, LLC. 5 Stage CSLLC Services Client Responsibilities
• Assemble the CSLLC project team
based on planned work efforts
• Jointly schedule workstream
meetings
• Schedule recurring project
meetings and status reporting
• Work with Client to set up CSLLC’s
secure transfer site for sharing
confidential/private employee data
• Complete any Client required
onboarding documents
• Gather and review preliminary
documentation
• Configuration of ticketing system
for CSLLC and Client
• Provide overview of ticketing
system
• Approve and sign off on work plan
• Provide Client’s tenant management
strategy
• Work with CSLLC to set up CSLLC’s
secure transfer site for sharing
confidential/private employee data
• Sign off on stage
Support Services • Manage the work plan for support
requests as identified in Section

1.1 • Update the Client roadmap for
planned support needs
• Participate in project status
meeting in a time agreed upon by
the CSLLC EM and Client
• Conduct weekly workstream
meetings between CSLLC
functional/technical consultants
and Client SMEs, on an as-needed
basis
• Provide KT documents, on an as-
requested basis
• Prepare, reconcile, and provide
financial summaries to Client
• Support Client’s project manager
with issue resolution, and
additional resourcing requests for
unplanned needs
• Provide engagement artifacts
• Providing guidance in developing
high level deployment plan(s), as
requested
• Provide sign-off documents, as
required for support requests

• Manage the tenant management strategy
• Inform CSLLC of changes to the tenant
management strategy
• Inform CSLLC of tenant refreshes two (2)
weeks prior to scheduled date
• Provide input to the work plan
• Provide input into the Client roadmap
• Participate in weekly project and
workstream meetings
• Provide SMEs for support requests
• Provide requirements for any support
request
• Review and sign off on initial functional or
technical design changes
• Define and document test plan and test
scenarios (End-to-End, User Acceptance
and Regression)
• Create/maintain defect tracking log
• Execution of all test scenarios (End-to-
End, User Acceptance and Regression)
• Manage and sign off on all test results
(End-to-End, User Acceptance and
Regression)
• Conduct Sandbox and Production
migrations of configuration, unless
requested in writing in advance per
Section 2.2
• Conduct change management
• Sign off on any support request

4.0 Project Schedule

City of Rancho Cucamonga and Collaborative Solutions, LLC Statement of Work July 18, 2024

This SOW is proprietary and confidential to Collaborative Solutions, LLC. 6

5.0 Assumptions & Dependencies
The Services, labor estimates, and Pricing presented in this SOW are dependent on the following assumptions being true:
a. Client timely completes each item listed as a Client responsibility in Section 3.0. b. Client will provide applicable SMEs in Client’s business processes, functional leads, and technical lead resources with whom to collaborate during the engagement. c. Client will have the necessary project and executive management support to review and make timely decisions as well as coordinate the activities of this project with other Client projects which may be occurring simultaneously.
d. Services will be provided during the normal business hours agreed upon between Client and the CSLLC EM and will be as closely aligned to Client’s time zone as possible. Off-hours support can be provided and pre-scheduled in advance.
e. CSLLC resources will provide their own laptops.
f. Unless otherwise agreed by CSLLC’s internal security organization, the Client shall use CSLLC’s secure transfer site for the secure exchange of sensitive employee data with the CSLLC support personnel. Client will agree to limit use for data conversion or production support purposes only for the duration of the activities required. CSLLC will inactivate the secure transfer site within thirty (30) days after the support activities are completed. Client will not use CSLLC’s site for the transmission of any integration files for third-party vendors. CSLLC is not responsible for back up, archiving, or maintenance of files stored on the secure transfer site. In the event CSLLC utilizes its internal “Daytona” tool for data conversion (“Daytona”), Daytona and all of its components must be installed on the CSLLC secure cloud server and utilized solely within CSLLC’s secure transfer site. Further, Daytona IP addresses must be added to the tenant whitelist. Daytona uses its own implementer account that must be excluded from multi-factor authentication. g. If needed, CSLLC can provide Client access to its SharePoint site to maintain non-sensitive project artifact data for project or engagement support activities only. The CSLLC EM will provide access to assigned project team members employed by CSLLC. h. If a data migration requires iLoad support by CSLLC, Client agrees that a tenant lockout will be performed.
i. Client will provide CSLLC consultants with implementer access in Production, Sandbox, and Implementation tenants in a timely manner. Any Client delays will impact issue resolution times as identified in Section 2.2.
j. Client will be solely responsible for testing and any Move-to-Production activities, which shall include configuration, business processes, data, reports and integrations. Client will provide written acceptance of test results to CSLLC prior to any Move-to-Production. k. In the event CSLLC is required to assist Client with Move-to-Production activities, Client will provide written approval if CSLLC’s assistance is required during Client’s Move-to- Production activities. Upon completion of Move-to-Production activities, Client will verify Production results and shall be solely responsible for Production accuracy. Client shall provide written acceptance to CSLLC after such Move-to-Production activities have been completed.

City of Rancho Cucamonga and Collaborative Solutions, LLC Statement of Work July 18, 2024

This SOW is proprietary and confidential to Collaborative Solutions, LLC. 7 l. Client is responsible for providing timely responses to case(s) which have the status “Waiting on Client” and/or “Waiting on Third-Party.” If there is no response from Client on “Waiting on Client” and/or “Waiting on Third-Party” case(s) within the ticketing system for more than thirty (30) calendar days, such case(s) will be closed.

6.0 Term and Termination
a. This SOW shall commence on the Start Date identified above and shall continue through July 31, 2026 (the “Term”), unless terminated sooner pursuant to the Agreement.

7.0 Pricing
a. CSLLC will invoice and Client shall compensate CSLLC on a Time and Materials Basis (“T&M Basis”) based upon the hourly rates set forth in the tables below for Services rendered and expenses incurred on a monthly basis, with the exception of the Enhanced Managed Services costs, which will be invoiced in eight (8) installments during the Term of this SOW. Each installment of the Enhanced Managed Services costs for Year One (1) will be invoiced for six thousand thirty United States Dollars (“USD”) ($6,030 USD), for a final total of twenty-four thousand one hundred twenty USD ($24,120 USD). Each installment of the Enhanced Managed Services costs for Year Two (2) will be invoiced for three thousand six hundred eighteen USD ($3,618 USD), for a final total of fourteen thousand four hundred seventy-two USD ($14,472 USD). The first installment will be invoiced upon execution of this SOW, and each additional installment will be billed every ninety (90) days thereafter.

Invoices will be paid subject to the terms and conditions of the Agreement. Total estimated cost of the engagement is listed in the tables below:

Year One (1): July 18, 2024 through July 31, 2025

Note: The CSLLC Investment for Year One (1) will be applied in four (4) installments to invoices created in connection with the performance of Services described in this SOW.

Each installment will be applied for one thousand USD (-$1,000 USD), excluding expenses or mutually agreed upon Change Orders, up to a maximum total CSLLC Investment of four thousand USD (-$4,000 USD), or project end, whichever occurs first. The first installment will be invoiced upon execution of this SOW, and each subsequent installment will be billed every ninety (90) days thereafter.

City of Rancho Cucamonga and Collaborative Solutions, LLC Statement of Work July 18, 2024

This SOW is proprietary and confidential to Collaborative Solutions, LLC. 8 Year Two (2): August 1, 2025 through July 31, 2026

Note: The CSLLC Investment for Year Two (2) will be applied in four (4) installments to invoices created in connection with the performance of Services described in this SOW.

Each installment will be applied for three hundred seventy-five USD (-$375 USD), excluding expenses or mutually agreed upon Change Orders, up to a maximum total CSLLC Investment of one thousand five hundred USD (-$1,500 USD), or project end, whichever occurs first. The first installment will be invoiced August 1, 2025, and each subsequent installment will be billed every ninety (90) days thereafter.

Grand Total

Note: In the event the total CVS consultant hours exceed the estimated effort in Year One (1), the Parties will mutually agree upon a modified Enhanced Managed Services installment invoicing schedule pursuant to a mutually agreed upon Change Order. Additionally, the Client may use Year Two (2) CVS consultant hours in the event Year One (1) hours have been exhausted.
b. The Enhanced Managed Services are applied in conjunction with the Consulting Services of this SOW. If additional Consulting Services are requested pursuant to the Change Order process, Enhanced Managed Services will also be included. c. CSLLC will assign Client to a team support model comprised of CSLLC cross-functional and technical consultants with a built-in redundancy/backup. The team will support the areas outlined in this SOW. The CSLLC EM will communicate to the Client project manager who the CSLLC team members are as a part of the onboarding process. d. Any Services provided beyond the Scope of this SOW must be approved by Client pursuant to a Change Order.
e. Any and all fees associated with Client’s e-invoicing, portal, or payment solution will be the responsibility of Client without dispute. CSLLC will provide all necessary documents or invoices to confirm the fees, if such fees are incurred. f. Invoices will be emailed to the following address: [email protected] Any other mailed correspondence will be delivered as follows:

City of Rancho Cucamonga

City of Rancho Cucamonga and Collaborative Solutions, LLC Statement of Work July 18, 2024

This SOW is proprietary and confidential to Collaborative Solutions, LLC. 9 Department of Innovation & Technology
10500 Civic Center Drive
Rancho Cucamonga, CA 91730

g. Client will provide to CSLLC the Purchase Order Number (“PO#”) created in connection with this SOW promptly following signature by the Parties and a copy of the PO# will be sent to [email protected].

8.0 Expenses
It is expected Services will be provided primarily on a remote basis. If travel is required, all reasonable travel expenses incurred by CSLLC related to the performance of the Services defined herein, shall be invoiced to Client. All such travel will comply with CSLLC’s Travel and Expense Policy, which shall be made available to Client upon request. All fees or penalties incurred due to cancellations or changes of travel at Client’s request shall be invoiced to Client.

9.0 Signatures

IN WITNESS WHEREOF, the Parties have duly executed this SOW by their respective authorized representatives as of the SOW Effective Date.

Collaborative Solutions, LLC City of Rancho Cucamonga

Authorized Signature Authorized Signature

Name Name

Job Title Job Title

Date Date

Chief Legal Officer
Antonia Plazibat
Jun 24, 2024

City of Rancho Cucamonga_Lean-On TM
EMS P1 to CVS 2-Year (Q-10748)_July 18
2024_HKrev0 61224 FINAL
Final Audit Report 2024-06-24
Created: 2024-06-24
By: Cari Delgado ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAl_9LKRx4cs1kfastQgbV6zyMHZVQDcyz "City of Rancho Cucamonga_Lean-On TM EMS P1 to CVS 2-Ye ar (Q-10748)_July 18 2024_HKrev0 61224 FINAL" History
Document created by Cari Delgado ([email protected]) 2024-06-24 - 7:16:17 PM GMT- IP address: 163.116.146.120 Document emailed to Antonia Plazibat ([email protected]) for signature 2024-06-24 - 7:16:46 PM GMT
Email viewed by Antonia Plazibat ([email protected]) 2024-06-24 - 7:26:19 PM GMT- IP address: 104.47.57.254
Document e-signed by Antonia Plazibat ([email protected]) Signature Date: 2024-06-24 - 7:28:03 PM GMT - Time Source: server- IP address: 163.116.146.118 Agreement completed.
2024-06-24 - 7:28:03 PM GMT

DATE: July 17, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Marlena Perez, Principal Engineer
Chi Wai Chan, Assistant Engineer
SUBJECT: Consideration to Approve Amendment No. 02 to the Purchase and Sale Agreement (CO20-104) and Joint Escrow Instructions Between the City of Rancho Cucamonga and Jones Family Trust of 2010, Robert Bruce Stanford, Jr., William R. Rushing, and Bernell Hydraulics, Inc. for Purchase of the Fee Simple Interest, Business Goodwill and Relocation Assistance Benefits in the Real Property Located at 8810 Etiwanda Avenue and Further Identified as APN 0229-131-07 in Connection With the Construction of the Etiwanda Grade Separation Project and to Waive the Collection of All City Permit Fees for the Demolition of Existing Structures Located on the Property. (CITY)
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the attached Amendment No. 02 to incorporate demolition of manmade improvements on the property by the Seller into the Purchase and Sale Agreement (CO20- 104) and Joint Escrow Instructions between the City of Rancho Cucamonga and Jones Family Trust of 2010, Robert Bruce Stanford, Jr., William R. Rushing, and Bernell Hydraulics, Inc. (Seller) for purchase of the Fee Simple Interest, Business Goodwill and Relocation Assistance Benefits in the Real Property located at 8810 Etiwanda Avenue and further identified as accessor parcel number (APN) 0229-131-07 in connection with the construction of the Etiwanda Grade Separation Project;

2. Authorize the City Manager to execute the amendment and to approve minor modifications to the amendment prior to execution; and

3. Waive the collection of all City Permit Fees from the Seller in relation to the demolition of manmade improvements included in Amendment No. 2 subject to withholding of final payment under the amendment in the amount of $15,000 pending submission of documentation that construction and demolition requirements under the municipal code have been met to the satisfaction of the City Engineer.

BACKGROUND:

In September 2020, the City and the Seller entered into a Purchase and Sale Agreement (CO20- 104) for the purchase of the Real Property located at 8810 Etiwanda Avenue, also identified as Bernell Hydraulics, in connection with the Etiwanda Grade Separation Project. Subsequently, in April 2021, the City and the Seller identified potential environmental liabilities due to soil contamination and executed Amendment No. 01 to the Purchase and Sale Agreement that

2 4
5 1
incorporated additional terms whereby the City would be responsible for demolition of manmade improvements, and the Seller would be responsible for remediation of the soil contamination by means of a Standard Voluntary Agreement (Agreement) with the Department of Toxic Substances Control (DTSC) prior to closing escrow.

Following vacation of the site by the Seller in September 2023, the City began communication with DTSC and Southern California Air Quality Management District to determine how the demolition by the City and subsequent site remediation by the Seller should best be coordinated.

Further, staff prepared a bid package to obtain bids for the required demolition. The approach included in the terms of Amendment No. 1 requires close coordination between the Seller, City, the City’s contractor, and permitting agencies to ensure that access is provided and lines of responsibility remain intact. Prior to staff advertising for the demolition bids, the Seller’s representative contacted staff with a proposal to streamline the process by taking on the responsibility for demolition at the City’s expense. Further, the Seller obtained quotes from demolition contractors to perform the necessary work and supplied those for consideration.

ANALYSIS:

The Seller’s estimated cost for demolition, abatement, monitoring, clearance, DTSC oversight, and related costs associated with the demolition of $405,160 including contingencies (see Exhibit A of the attached amendment). Prior to receiving this estimate, staff had worked with our environmental consultant to prepare an estimated cost for the City to perform the demolition work.

Given the complexity of the work along with the potential for unknown conditions due to the age of the existing buildings, an engineer’s estimate of $950,000 was prepared for the work. This estimate is significantly higher than the quotes received by the Seller. The approval of Amendment No. 2 by the parties would allow the Seller to proceed with demolishing the existing manmade improvements utilizing their contractors at a lower cost than previously estimated. In addition to saving on the costs to the City, the amendment would also streamline the process of securing the site in a more timely fashion.

The terms of the attached Amendment No. 2 include assigning the responsibility for demolition to the Seller and the City funding the escrow account in the amount $405,160, the estimated demolition cost supplied by the Seller. The Seller would be eligible to withdraw funds from escrow to make payments to contractors related to the demolition. Any funds from this deposit remaining at the completion and payment of the demolition work would be returned to the City.

In addition approval of the attached amendment, staff has recommended that the City Council waive City permit fees that would normally be collected from the Seller and their contractors related to the demolition as these fees would simply be passed onto the City by the Seller as a demolition cost. However, given the requirements of State law and the Rancho Cucamonga Municipal Code to meet certain disposal diversion thresholds for construction and demolition, this waiver should be subject to withholding of $15,000 from final payment under Amendment No. 2 from the escrow account pending submission of the documentation to the satisfaction of the City Engineer that the diversion requirements have met.

The attached amendment has been provided to the Seller’s representative for review and execution. While the City and Seller’s representative have agreed to the approach outlined in the amendment, the property is owned by several entities who must review and individually authorize the amendment. Given the desire of both the Seller and City to move forward with securing the site as soon as possible, staff is recommending that the City Council approve the amendment and authorize the City Manager to approve minor modifications requested by the Seller that maintain the proposed intent discussed here.

2 4
5 1
FISCAL IMPACT:

Under Amendment No. 02, the City will fund the escrow about for this transaction in the amount of $405,160 to reimburse the Seller for performing the demolition of manmade improvements on the subject property. Sufficient funds from Infrastructure Fund (Fund 198) under Account No. 1198303-5650/1922198-0 have been included in the approved Fiscal Year 2024/25 Budget to cover this deposit.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

The Etiwanda Grade Separation Project was identified by the City Council in 2022 as a goal and priority project in order to improve safety and traffic circulation, reduce vehicle miles traveled, and reduce greenhouse gasses.

ATTACHMENTS:

Attachment 1 – Amendment No. 02 to Purchase and Sale Agreement

-1-
11231-0247\2985104v1.doc

SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE

AND ESCROW INSTRUCTIONS
This SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS (this “Amendment ”) is dated as of _______________, 2024 and is entered into by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation (“ Buyer ”), and JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST, AND ROBERT BRUCE STANFORD, JR., AND WILLIAM R. RUSHING AS SUCCESSOR TRUSTEE OF THE STRACK FAMIL Y TRUST, DATED MARCH 13, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, (collectively referred to herein as “JONES”) (“ Seller ”), and BERNELL HYDRAULICS, INC. (“Bernell”) , and amends that certain Agreement for Purchase and Sale and Escrow Instructions dated September 16, 2020 (as previously amended, the “ Agreement ”). All capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Agreement.

RECITALS
A. The Agreement provides for Seller and Bernell to se ll to Buyer the fee simple interest in the real property located at 8810 Etiwa nda Avenue in the City of Rancho Cucamonga (the “ Property ”).

B. After determining that the Property requires remediation of existing environmental contaminations, Buyer, Seller, and Bernell (collect ively, “ Parties ”) previously amended the Agreement to include the manner in which the Remedi ation will be accomplished as set forth in that certain First Amendment to Agreement for Purch ase and Sale and Escrow Instructions dated April 7, 2021.

C. Parties desire by this Amendment to set forth addit ional obligations of Seller to demolish improvements on the Property and the costs associated with those obligations.

THEREFORE , in consideration of the foregoing recitals, the mutual terms set forth below, and other consideration, the sufficiency of which is hereby acknowledged, Parties agree as follows:

1. Demolition and Abatement Costs. The Agreement is hereby amended to add Section 3(d) which shall read as follows:

Demolition and Abatement Costs. Notwithstanding an ything to the contrary contained in the Agreement, the Parties hereto agre e: (a) that Buyer shall deposit into a separate escrow account the amount of Four Hundred Five Thousand One Hundred Fifty- Eight Dollars ($405,158.00) (“Demolition Amount”); (b) the Demolition Amount shall be used to cover the costs of Seller’s removal of all remaining manmade improvements on the Property and the completion of all associated demol ition and abatement obligations (“Demolition and Abatement”); (c) the Demolition Am ount is based on the Estimated Demolition Costs provided to Buyer by Seller and at tached hereto as Exhibit “A”; (d) the Demolition Amount represents the maximum amount to be paid to Seller by Buyer for any and all costs associated with Seller’s Demolition a nd Abatement obligations as specified in Section 40 herein; and (e) once Seller has compl eted the Demolition and Abatement,

-2-
11231-0247\2985104v1.doc
any remailing Demolition Amount funds shall be disbursed to Buyer.

2. Demolition and Abatement. The Agreement is hereb y amended to add Section 40 which shall read as follows:

40. Demolition and Abatement. The Parties hereto expressly agree that Seller will be responsible for the removal of all remainin g manmade improvements on the Property and will be responsible for any and all demolition, abatement, and other activities necessary to complete the Demolition and Abatement. The Parties further agree that Seller will be financially responsible for any costs relat ed to the Demolition and Abatement that exceed the Demolition Amount.

IN WITNESS WHEREOF , this Amendment has been executed by the undersigned as of the date first written above.

“Seller”

JONES FAMILY TRUST OF 2010

By: _______________________________
William A. Jones, Trustee

ROBERT BRUCE STANFORD, JR.

Robert Bruce Stanford, Jr.

WILLIAM R. RUSHING, TRUSTEE

THE STRACK FAMILY TRUST, DATED
MARCH 13, 2014

William R. Rushing, Trustee

[Signatures Continued on Following Page]

-3-
11231-0247\2985104v1.doc
BERNELL HYDRAULICS, INC.

By:__________________________________

Name: _______________________________

Title: _______________________________

“Buyer”

CITY OF RANCHO CUCAMONGA, A

MUNICIPAL CORPORATION

By: ___________________________
Name: John Gillison
Title: City Manager

ATTEST:

Janice C. Reynolds, City Clerk

APPROVED AS TO FORM:

Richards, Watson & Gershon,
A Professional Corporation

By:______________________________
Regina N. Danner,
Deputy City Attorney

11231 -0247 \2985104v1.doc -1-

EXHIBIT “A”

ESTIMATED DEMOLITION COSTS

Item Description Cost Mark-up Final Cost
1 Demolition & Abatement 263,964.00$ 15% 303,558.00$
2 Asbestos Monitoring & Clearance 12,000.00$ 15% 13,800.00$ 3 Proponent On-Site Observation 15,000.00$ NA 15,000.00$ 4 DTSC Oversight Fees 10,000.00$ NA 10,000.00$
5 Project Management 26,000.00$ NA 26,000.00$
6 City Permit Fees - TBD or Waived NA
368,358.00$
36,800.00$
405,158.00$ Total Estimated Cost:

Rancho Cucamonga, California
Subtotal Estimated Cost:

Bernell Hydraulics
8810 Etiwanda Avenue
Estimated Demolition Costs
10% Contingency

REVISION:

Attached is a revised Staff Report for item D9 on the Consent Calendar highlighting a change in the recommendation and proposed Amendment No. 02 included in the item as Attachment 1 to reflect revisions in terms of the amendment related to an increase in cost to $443,694 and escrow instructions primarily related to the process of releasing funds from escrow under the amendment.

RECOMMENDATION:

Staff recommends the City Council:

1. Approve the attached Amendment No. 02 to incorporate demolition of manmade improvements on the property by the Seller into the Purchase and Sale Agreement (CO20- 104) and Joint Escrow Instructio ns between the City of Rancho Cucamonga and Jones Family Trust of 2010, Robert Bruce Stanford, Jr., William R. Rushing, and Bernell Hydraulics, Inc. (Seller) for purchase of the Fee Simple Interest, Business Goodwill and Relocation Assistance Benefits in t he Real Property located at 8810 Etiwanda Avenue and further identified as accessor parcel number (APN) 0229 -131-07 in connection with the construction of the Etiwanda Grade Separation Project; and

2. Authorize the City Manager to execute the amendment and to approve minor modifications to the amendment prior to execution.

ATTACHMENTS:

Attachment 1 – Revised Staff Report

DATE: July 17, 2024
TO: John R. Gillison, City Manager
FROM: Jason C. Welday, Engineering Services Director/City Engineer BY: Jason C. Welday, Engineering Services Director/City Engineer SUBJECT: Consideration to Approve Amendment No. 02 to the Purchase and Sale Agreement (CO20 -104) and Joint Escrow Instructions Between the City of Rancho Cucamonga and Jones Family Trust of 2010, Robert Bruce Stanford, Jr., William R. Rushing, and Bernell Hydraulic s, Inc. for Purchase of the Fee Simple Interest, Business Goodwill and Relocation Assistance Benefits in the Real Property Located at 8810 Etiwanda Avenue and Further Identified as APN 0229-131-07 in Connection With the Construction of the Etiwanda Grade Separation Project and to Waive the Collection of All City Permit Fees for the Demolition of Existing Structures Located on the Property. (CITY)

MEMORANDUM
Engineering Services Department
Corrected Staff Report Memo: 7/17/2024 Item D9 Consent Calendar

DATE:

March 20, 2024

TO:

Mayor and Members of the City Council

FROM:

John R. Gillison, City Manager

INITIATED BY:

Jason C. Welday, Director of Engineering Services/City Engineer Marlena Perez, Principal Engineer
Chi Wai Chan, Assistant Engineer

SUBJECT: Consideration to Approve Amendment No. 02 to the Purchase and Sale Agreement (CO20-104) and Joint Escrow Instructions Between the City of Rancho Cucamonga and Jones Family Trust of 2010, Robert Bruce Stanford, Jr., William R. Rushing, and Bernell Hydraulic s, Inc. for Purchase of the Fee Simple Interest, Business Goodwill and Relocation Assistance Benefits in the Real Property Located at 8810 Etiwanda Avenue and Further Identified as APN 0229-131-07 in Connection With the Construction of the Etiwanda Grade Separation Project and to Waive the Collection of All City Permit Fees for the Demolition of Existing Structures Located on the Property. (CITY)

RECOMMENDATION:

Staff recommends the City Council:

1. Approve the attached Amendment No. 02 to incorporate demolition of manmade improvements on the property by the Seller into the Purchase and Sale Agreement (CO20- 104) and Joint Escrow Instructions between the City of Rancho Cucamonga and Jones Family Trust of 2010, Robert Bruce Stanford, Jr., William R. Rushing, and Bernell Hydraulics, Inc. (Seller) for purchase of the Fee Simple Interest, Business Goodwill and Relocation Assistance Benefits in the Real Property located at 8810 Etiwanda Avenue and further identified as accessor parcel number (APN) 0229 -131-07 in connection with the construction of the Etiwanda Grade Separation Project; and

2. Authorize the City Manager to execute the amendment and to approve minor modifications to the amendment prior to execution.

BACKGROUND:

In September 2020, the City and the Seller entered into a Purchase and Sale Agreement (CO20- 104) for the purchase of the Real Property located at 8810 Etiwanda Avenue, also identified as Bernell Hydraulics, in connection with the Etiwanda Grade Separation Project. Subsequently, in April 2021, the City and the Seller identified potential environmental liabilities due to soil contamination and executed Amendment No. 01 to the Purchase and Sale Agreement that incorporated additional terms whereby the City would be responsible for demolition of manmade improvements, and the Seller would be responsible for remediation of the soil contamination by means of a Standard Voluntary Agreement (Agreement) with the Department of Toxic Substances Control (DTSC) prior to closing escrow.

ATTACHMENT 1

Following vacation of the site by the Seller in September 2023, the City began communication with DTSC and Southern California Air Quality Management District to determine how the demolition by the City and subsequent site remediation by the Seller should best be coordinated.

Further, staff prepared a bid package to obtain bids for the required demolition. The approach included in the terms of Amendment No. 01 requires close coordination between the Seller, City, the City’s contractor, and permitting agencies to ensure that access is provided and lines of responsibility remain intact. Prior to staff advertising for the demolition bids, the Seller’s representative contacted staff wit h a proposal to streamline the process by taking on the responsibility for demolition at the City’s expense. Further, the Seller obtained quotes from demolition contractors to perform the necessary work and supplied those for consideration.

ANALYSIS:

The Seller’s estimated cost for demolition, abatement, monitoring, clearance, DTSC oversight, and related costs associated with the demolition of $443,694 including contingencies (see Exhibit A of the attached amendment). Prior to receiving this estimate, staff had worked with our environmental consultant to prepare an estimated cost for the City to perform the demolition work.

Given the complexity of the work along with the potential for unknown conditions due to the age of the existing buildings, an engineer’s estimate of $950,000 was prepared for the work. This estimate is significantly higher than the quotes received by the Seller. The approval of Amendment No. 2 by the parties would allow the Seller to proceed with demolishing the existing manmade improvements utilizing their contractors at a lower cost than previously estimated. In addition to saving on the costs to the City, the amendment would also streamline the process of securing the site in a more timely fashion.

The terms of the attached Amendment No. 2 include assigning the responsibility for demolition to the Seller and the City funding the escrow account in the amount $443,694, the estimated demolition cost supplied by the Seller. The Seller would be eligible to withdraw funds from escrow to make payments to contractors related to the demolition. Any funds from this deposit remaining at the completion and payment of the demolition work would be returned to the City.

In addition, the attached amendment includes a waiver of City permit fees that would normally be collected from the Seller and their contractors related to the demolition as these fees would simply be passed onto the City by the Seller as a demolition cost. However, given the requirements of State law and the Rancho Cucamonga Munic ipal Code to meet certain disposal diversion thresholds for construction and demolition, this waiver would be subject to withholding of $15,000 from final payment under Amendment No. 02 from the escrow account pending submission of the documentation to the satisfaction of the City Engineer that the diversion requirements have met.

The attached amendment has been provided to the Seller’s representative for review and execution. While the City and Seller’s representative have agreed to the approach outlined in the amendment, the property is owned by several entities who must review and individually authorize the amendment. Given the desire of both the Seller and City to move forward with securing the site as soon as possible, staff is recommending that the Ci ty Council approve the amendment and authorize the City Manager to approve minor modifications requested by the Seller that maintain the proposed intent discussed here.

FISCAL IMPACT:

Under Amendment No. 02, the City will fund the escrow about for t his transaction in the amount of $443,694 to reimburse the Seller for performing the demolition of manmade improvements on the subject property. Sufficient funds from Infrastructure Fund (Fund 198) under Account No. 1198303-5650/1922198-0 have been included in the approved Fiscal Year 2024/25 Budget to

cover this deposit.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

The Etiwanda Grade Separation Project was identified by the City Council in 2022 as a goal and priority project in order to improve safety and traffic circulation, reduce vehicle miles traveled, and reduce greenhouse gasses.

ATTACHMENTS:

Attachment 1 – Amendment No. 2 to Purchase and Sale Agreement

BN 83493026v2

SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE AND

ESCROW INSTRUCTIONS
This SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS (this “Amendment”) is dated as of ____________________, 2024 and is entered into by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation (“Buyer”), and JONES FAMILY T RUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST, AND ROBERT BRUCE STANFORD, JR., AND WILLIAM R. RUSHING AS SUCCESSOR TRUSTEE OF THE STRACK FAMIL Y TRUST, DATED MARCH 13, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, (collectively referred to herein as “JONES”) (“Seller”), and BERNELL HYDRAULICS, INC . (“Bernell”) , and amends that certain Agreement for Purchase and Sale and Escrow Instructions dated September 16, 2020 (as previously amended, the “ Agreement ”). All capitalized terms not otherwise defined her ein shall have the meaning ascribed thereto in the Agreement.

RECITALS
A. The Agreement provides for Seller and Bernell to sell to Buyer the fee simple interest in the real property located at 8810 Etiwa nda Avenue in the City of Rancho Cucamonga (the “ Property ”).

B. After determining that the Property requires rem ediation of existing environmental contaminations, Buyer, Seller, and Bernell (collect ively, “ Parties ”) previously amended the Agreement to include the manner in which the Remedi ation will be accomplished as set forth in that certain First Amendment to Agreement for Purch ase and Sale and Escrow Instructions dated DATE.

C. Parties desire by this Amendment to set forth ad ditional obligations of Seller to demolish improvements on the Property and the costs associated with those obligations.

THEREFORE , in consideration of the foregoing recitals, the mutual terms set forth below, and other consideration, the sufficiency of which is hereby acknowledged, Parties agree as follows:

1. Demolition and Abatement Costs. The Agreement is h ereby amended to add Section 3(d) which shall read as follows:
“(d) Demolition and Abatement Costs. Notwithstan ding anything to the contrary contained in the Agreement, the Parties he reto agree: (a) that Buyer shall deposit into a separate escrow account the amount of Four Hundred Forty-Three Thousand Six Hundred Ninety- Four Dollars ($443,694.00) (“Demolition Amount”); (b) the Demolition Amount shall be used to cover the costs of Seller’s completion of Demolitio n, including removal of all remaining above- ground manmade improvements on the Property, removal of any below-ground improvements and utilities necessary to complete the Remediation, as defined in section 3(c) herein, and the completion of all associated demolition and abateme nt obligations, including but not limited to asbestos monitoring and clearance, on-site observat ion, oversight fees and project management fees (“Demolition and Abatement”); completion of Demolition and Abatement shall be confirmed by Seller’s contractor upon completion of the Demol ition Scope of Work attached hereto as Exhibit “B”. (c) the Demolition Amount is based on the Estimated Demolition Costs provided to

2 BN 83493026v2
Buyer by Seller and attached hereto as Exhibit “A”; (d) the Demolition Amount represents the maximum amount to be paid to Seller by Buyer for an y and all costs associated with Seller’s Demolition and Abatement obligations as specified i n Section 40 herein; provided, however, that Buyer shall be responsible for the actual cost of DTSC oversight not to exceed the amount set forth on Exhibit “A”; and (e) once Seller has completed the Demolition and Abatement, any remaining Demolition Amount funds shall be disbursed to Buyer.
(i) Seller shall submit written requests to Buyer for d isbursement of Demolition Funds for Demolition expenses paid by Se ller and shall include documentation of amounts requested. Disbursement request shall be su bmitted by Seller no more frequently than once every 30 calendar days and shall be reviewed by Buyer and approval submitted to the Escrow Officer within 7 (seven) calendar days unless rejected by Buyer. Buyer shall reject a disbursement request in writing to Seller within 7 (seven) calendar days if insufficient documentation is provided to support the request or the amount requested exce eds the amounts listed in Exhibit “A”. Seller or Seller’s contractor shall obtain all required pe rmits prior to performing Demolition under this agreement. Buyer shall waive or be solely responsible for all permit fees required to complete the Demolition and Abatement.
(ii) Seller shall have the option to request a release o f Demolition Amount funds in advance of submitting documentation of payment to Buyer (“Early Withdrawal Funds”) to allow Seller to pay the cost of Demolition and Abatement tasks, as set forth on Exhibit “B”. If any Early Withdrawal Funds are released to Seller, Seller must submit to Buyer documentation of all amounts paid using Early Withdrawal Funds. All documentation of payment amounts using Early Withdrawal Funds shall be submitted to Buyer within 7 (seven) calendar days of completion of the Demolition Scope of Work, as set forth on Exhibit “B”. In the event the Early Withdrawal Funds amount exceeds the actual amount paid by Seller, Seller shall deposit the excess amount into the Demolition Account prior to disbursement of the Diversion Holdback to Seller, as defined in Section 3(e) herein.”

2. Disposal Diversion Holdback Amount. The Agreement is hereby amended to add Section 3(e) which shall read as follows:
“(e) Disposal Diversion Holdback Amount. Parties a gree that the sum of Fifteen Thousand Dollars ($15,000.00) (“Diversion Holdback” ) will be withheld from final payment to Seller from the Demolition Amount, as defined in se ction 3(d) herein, until Seller submits documentation to Buyer, to the satisfaction of the City Engineer, that the disposal diversion threshold requirements pursuant to California Law a nd the Rancho Cucamonga Municipal Code have been met. Once said documentation has been sub mitted and approved by the City Engineer, the Diversion Holdback shall be disbursed to Seller.”

3. Demolition and Abatement. The Agreement is hereby a mended to add Section 40 which shall read as follows:
“40. Demolition and Abatement. The Parties hereto expressly agree that Seller will be responsible for the removal of all remaining above-ground manmade improvements on the Property, the removal of any below-ground improveme nts and utilities necessary to complete the Remediation, and any and all demolition, abatement, and other activities necessary to complete

3 BN 83493026v2
the Demolition and Abatement. For purposes of clarification, Seller shall have no responsibility or obligation for the removal of any underground improvements or utilities unless the removal of said underground improvements or utilities is necessary to comply with Seller’s Remediation obligations. The Parties further agree that Seller will be financially responsible for any costs related to the Demolition and Abatement that exceed the Demolition Amount.” IN WITNESS WHEREOF , this Amendment has been executed by the undersigned as of the date first written above.

“Seller”
JONES FAMILY TRUST OF 2010
By:

William A. Jones, Trustee
ROBERT BRUCE STANFORD, JR.

Robert Bruce Stanford, Jr.

WILLIAM R. RUSHING, TRUSTEE THE

STRACK FAMILY TRUST, DATED MARCH
13, 2014

William R. Rushing, Trustee

[Signatures Continued on Following Page]

4 BN 83493026v2
BERNELL HYDRAULICS, INC.

By:

Name:

Title:
“Buyer”

CITY OF RANCHO CUCAMONGA, A

MUNICIPAL CORPORATION
By:

Name: John Gillison
Title: City Manager
ATTEST:

Janice C. Reynolds, City Clerk
APPROVED AS TO FORM:

Richards, Watson & Gershon,
A Professional Corporation
By:

Regina N. Danner,
Deputy City Attorney

BN 83493026v2
EXHIBIT “A”

ESTIMATED DEMOLITION COSTS

Item Description Cost Mark -up Final Cost
1 Demolition & Abatement $ 263,964.00 15% $ 303,558.00 2 Asbestos Monitoring & Clearance $ 12,000.00 15% $ 13,800.00 3 Proponent On -Site Observation $ 15,000.00 NA $ 15,000.00 4 DTSC Oversight Fees $ 25 ,000.00 NA $ 25 ,000.00 5 Project Management $ 26,000.00 NA $ 26,000.00
6 City Permit Fees Waived by City NA NA
7 Non -City Permit Fees $10,000.00 NA $10,000.00
8 Underground Utility Removal $ 10,000.00 NA $ 10,000.00 Subtotal Estimated Cost: $ 403 ,358.00
10% Contingency $ 40 ,33 6.00
Total Estimated Cost: $ 443 ,69 4.00

The Brownfield Redevelopment Group Co.

LIABILITY AND ASSET MANAGEMENT SOLUTIONS

26741 Portola Parkway, Ste. 1E #691
Foothill Ranch, California 92610
949.474.1929

July 17, 2024 sent via e-mail:
[email protected]

Jones Family Trust of 2010
William A. Jones, Trustee
Robert Bruce Stanford, Jr, Trustee

2014 Strack Family Trust
William R. Rushing, Successor Trustee

c/o Ms. Rhonda Garness
Bernell Hydraulics
8810 Etiwanda Ave.

Rancho Cucamonga, CA 91739

Subject: Profes sional Consulting Services
Demolition of Bernell Hydraulics Facility
DTSC Interfacing
8810 Etiwanda Avenue
Rancho Cucamonga, CA 91739

Dear Rhonda:

At your request, this Consulting Agreement wa s prepared for the Jones Family Trust of 2010 and the 2014 Strack Family Trust (collectiv ely termed herein as Client) to confirm the retention of The Brownfield Redevelopment Group Co. (TBRG) and its principal consultant, Anthony Silva, P.G., as a technical advisor/consultant to assist Client with the demolition of the Bernell Hydraulics Facility located at 8810 Etiwanda Avenue, Rancho Cucamonga, California 91739 (Site). This demolition was requested by the City of Rancho Cucamonga (City) while conducting and completing their Site acquisition due diligence.

Scope of Work
TBRG is providing this Scope of Work based on discussions with Client’s representative, Ms.

Rhonda Garness of Bernell Hydraulics, on Monday, July 15, 2024, and previous experiences at similar Sites with si milar environmental conditions. Th e Scope of Work provided below represents TBRG’s understanding of the items to be completed for the Site to complete the demolition of the Bernell Hydraulics Facility and conduct interfacing with the Department of Toxic Substances Control (DTSC) to implement the DTSC Remedial Process.

The proposed Scope of Work tasks are listed below, and these tasks (and associated costs) may change owing to Client requests. Additional Scope of Work tasks will be billed to Client on a time and materials basis as discussed in paragraphs 1 and 2 of the Terms and Conditions below.

Scope of Work Tasks:

Specifically, TBRG will perform the following sc ope of work tasks on a time and material basis.

Task 1: Demolition and Asbestos Abatement: Cost Estimate: $263,964.00.

Subcontractor: Strongarm Environmental Field Services, Inc.

Time: 21 days
Task 2: Asbestos Monitoring and Clearance: Cost Estimate: $12,000.00.

Subcontractor: National Econ Corporation.

Time: 2 days
Task 3: Proponent (Bernell Hydrau lics) On-Site Observation: Cost Estimate:
$15,000.00.

Time: 21 days concurrent with Task 1.

Task 4: DTSC Oversight Fees. Not To Exceed (NTE) Cost Estimate:
$25,000.00.

Time: 60 Days
Task 5: Project Management. Cost Estimate: $300,000.00
Time: 30 Days (21 days concurrent with Task 1)

Task 6: City Permit Fees .

Cost Estimate: Fees Waived by the City.

Time: 60 days

Total Time Duration Estimate: 2 Months (Includes DTSC Oversight) Critical Assumption: Assumes 30-day completion of project.

Estimated Costs: $383,358.00
10% Contingency: $38,335.00
Total Estimated Costs: $421,693.00

TERMS AND

CONDITIONS

TBRG will be compensated on a time and materials basis, as agreed to by Client, for its work on the project as follows:

1. Client agrees to the hourly consulting fee, for Anthony Silva, principal consultant, of $225.00 per hour for time actually spent on the Scope of Work Tasks described above, including but not limited to consultation (project document review, project management, technical and strategy-level consultation with legal counsel and client), research, telephone calls, and travel time.   TBRG will notify Client if an additional level of effort is necessary to complete any remaining Scope of Work.

2. Client agrees to the hourly consulting fee, for Environmental Technicians, of $125.00 to 150.00 per hour for time actually sp ent on Quarterly Monitoring Services.

3. TBRG requires Client to provide an initial $48,000.00 (20%) retainer to be held without interest against final billings. TBRG reserves the right to require Client to deposit additional retainer amounts in the future. Prior to application of the retainer against final billings, Client must continue to timely pay TBRG’s reasonable fees and costs. Any unused deposit at the conclusion of TBRG’s work services will be refunded.

3. Client shall likewise be responsible for the payment of any and all actual costs incurred by TBRG relative to the Site as incurred. Such costs include, but are not limited to, travel expenses, telephone calls, postage, document delivery, messenger services, computerized engineering, research and computerized data research, and any and all other costs and expenses reasonably incurred as a result of TBRG’s retention.

4. TBRG will submit to Client an invoice that itemizes any and all fees incurred in connection with the project. Hourly fees and actual costs will be deducted from the retainer and the remaining retainer balance will be shown on each such invoice.

Invoices are due upon receipt and shall be paid in the ordinary course of business.

In the event invoices are not paid in full within 30 days of invoice date, a stop work notice may be given and interest may begin to accrue at the rate of 15% per annum.

5. Client from time-to-tim e may request TBRG to perform tasks beyond those specified in the scope of work described above. TBRG shall provide a separate quote for any such additional work on a fixed price or fixed unit rate basis and submit the quote for prior written approval to Client.

6. In the event any dispute arises under the terms of this agreement, the parties agree to submit any and all such disputes to binding arbitration before the Judicial Arbitration and Mediation Services (JAMS) in Orange County, California. In the event of any dispute, the prevailing party, in addition to any and all other relief, shall be entitled to recover reasonable attorney's fees.

If this agreement accurately reflects the Client’s understanding of the terms and conditions of TBRG’s engagement, please so indicate by executing this Agreement in the space provided and return same to this office.

We look forward to working with Client and Bernell Hydraulics on this project. Should you have any questions or comments at any time, please do not hesitate to contact me at 949.510.6474 (mobile), at 949.474.1929 (office) or via e-mail: [email protected].

Best Regards,

Anthony Silva, P.G.

Principal Consultant

ACKNOWLEDGED AND AGREED

Dated: July______, 2024
Jones Family Trust of 2010

By:

Title
:__________________________________
2014 Strack Family Trust

By:

Title
:__________________________________

2 4
5 5
DATE:July 17, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Robert Neiuber, Senior Human Resources Director SUBJECT:Consideration of Amendment No. 3 to the Professional Services Agreement with NEOGOV, Contract# 17-199, for Applicant Tracking Software Services Extending Agreement Term to August 8, 2027. (CITY) RECOMMENDATION:

Staff recommends the City Council approve Amendment No. 3 to the Professional Services Agreement with NEOGOV, contract# 17-199, for applicant tracking software services extending the agreement term up to August 8, 2027, including the addition of Attract subscription, new candidate relationship manager tool, not to exceed $208,000 for Fiscal Year 2024-25, 2025-26, and 2026-27.

BACKGROUND:

In July 2017, the City Council approved a 5-year Professional Services Agreement (PSA) with NEOGOV, a leading public sector applicant tracking software. NEOGOV services provide the City with a comprehensive applicant tracking, and learning management system that has a significant impact on the day-to-day efficiency of many Human Resources functions. This professional services agreement ended in August 2022, but allowed for an additional 5-year renewal.

In August 2022, the City Council approved Amendment No. 1 to the Professional Services Agreement extending the contract for one year, from August 9, 2022, through August 8, 2023. In August 2023, the City Council approved Amendment No. 2 to the Professional Services Agreement extending the contract for one year, from August 9, 2022, through August 8, 2023.

ANALYSIS:

NEOGOV continues to meet the needs of the Human Resources Department allowing the efficient management of its various HR functions. Staff would like to extend the contract for up to an additional three one-year successive terms as allowed under the initial contract from August 9, 2024, through August 8, 2027. The City would contract for the following modules: Attract (paid for through August 2025), New Hire – IN to HRIS, Candidate Text Messaging. Learn, Insight, and Governmentjobs.com.

The cost for FY 2024-2025 year is $51,732.60. The estimate cost for FY 2025-2026 is $74,000 and for FY 2026-2027 is 82,000.

Staff recommends that the City Council approve the attached Amendment No. 3 to the Professional Services Agreement with NEOGOV extending the term of the contract for three one-year successive terms.

2 4
5 5
FISCAL IMPACT:

The total cost of the amendment over the next three fiscal years would not exceed $208,000.

Funding to cover FY 2024-2025 costs has been included in the Fiscal Year 2024/25 annual budget.

Account Number Amount
1001209-5300 $51732.60
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s core values of relentless pursuit of improvement and intentionally embracing and anticipating our future.

ATTACHMENTS:

Attachment 1 - Amendment No. 3

Last Revised: 8/16/2023 Page 1 of 1
Attachment 1
AMENDMENT NO. 3
to
Professional Services Agreement (CO #17-199)
between
GovernmentJobs.com (hereinafter “NEOGOV”)
and
City of Rancho Cucamonga (hereinafter the “City”)
This Amendment No. 3 will serve to amend the Professional Services Agreement (hereinafter “Agreement”), CO# 17-199, to incorporate the following:

Renewal Term- allow renewal of contract #17-199 for successive one-year terms beginning 8/9/2024 through 8/8/2027.

Updated Items contracted for after August 9, 2024: Attract (paid for through 2024-25 fiscal year), New Hire – IN to HRIS, Candidate Text Messaging. Learn, Insight, and Governmentjobs.com.

All other Terms and Conditions of the original Agreement CO#17-199, 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 August 2024. The City will process both copies for signature and provide NEOGOV with one (1) fully executed copy of the Amendment.

GovernmentJobs.com, Inc.

By:

Name Date
City of Rancho Cucamonga
By:

Name Date
Title Title
By:

Name Date
By:

Name Date
Title
(two signatures required if corporation)
Title

DATE: July 17, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Matt Marquez, Director of Planning and Economic Development Tanya Spiegel, Economic Development Manager
SUBJECT: Consideration of a Professional Services Agreement with the Rancho Cucamonga Chamber of Commerce for Economic Development
Services in the Amount of $60,000. (CITY)
RECOMMENDATION:

Staff recommends the City Council approve a Professional Services Agreement with the Rancho Cucamonga Chamber of Commerce for economic development services in the amount of $60,000.

BACKGROUND:

Since June 1999, the City of Rancho Cucamonga (“City”) has contracted with the Rancho Cucamonga Chamber of Commerce (“Chamber”) to provide a variety of services and programs in furtherance of the economic development goals of the community. This has included hosting programs and events to encourage business and economic development in the community, furthering the City’s business-friendly goals, and disseminating business-related materials and information. Over the years, the scope of services has changed from time-to-time as new opportunities have come up and existing programs and services were re-evaluated.

Over the last year, the City has worked with the Chamber to update the scope of services to better align resources with current and emergent economic development needs and trends. While key services and programs provided by the Chamber will remain the same, the Chamber is proposing new services and programs to enhance support for the City’s ongoing economic development efforts.

ANALYSIS:

As previously noted, the City of Rancho Cucamonga has historically contracted with the Rancho Cucamonga Chamber of Commerce to provide services related to promoting businesses and enhancing economic development.

Staff is recommending that a single-source award be made to the Rancho Cucamonga Chamber of Commerce for the City’s economic development efforts detailed in Exhibit A (scope of service) in the attached Agreement and as summarized below.

Chamber of Commerce’s scope of services will include:
•The Chamber will provide General Economic Development Services including but not limited to Membership within the Chamber; cooperatively working with the City on

2 4
5 3
marketing the region and providing relocation information to prospective businesses interested in locating their business in Rancho Cucamonga; and continue to respond to business inquiries and offer support in terms of education and representation to the business community.
•The Chamber will continue to visit local Rancho Cucamonga businesses through business visits. Chamber Board Members, Ambassadors and Staff will walk and visit service providers, manufacturers, and other businesses located in various shopping or business centers. Business resource information will be provided to the businesses including resources and information from the Rancho Cucamonga Chamber of Commerce, City of Rancho Cucamonga, City Departments and Resource Partners. •The Chamber will continue to provide meeting, and workspace for the City's Small Business Development Center’s Representative for meetings, workshops and phone conversations.
•The Chamber will host events and programs throughout the year including the Annual ShopRC Awards and Installation Dinner; Annual Vintners Celebration; Business Connection Network Meetings; Monthly Innovation Forums; Public Safety Recognition; Annual Spring Swing Golf Tournament; Business Activities (Grand Opening/ Ribbon Cutting Ceremonies, Business Mixers, New Member Receptions and Chamber Board Meetings); and the ShopRC Program.
•The Chamber will assist with the Rancho Cucamonga State of the City as the event is hosted by the City of Rancho Cucamonga.
•The Chamber will continue to partner with the City and the Inland Empire Small Business Development Center for focused business educational workshops on entrepreneurship, leadership, and other topics of interest to the business community.

The term of this Agreement is valid for one (1) year, from, July 1, 2024, through June 30, 2025, and will renew on an annual basis automatically unless terminated by either party upon a thirty (30) day written notice by June 1st. Notice is to be received no later than May 1st.

The City recognizes that the Rancho Cucamonga Chamber of Commerce continues to provide valuable services which support the business community and encourage economic development across the city. The City/Chamber partnership is essential in our efforts to address the needs and interests of our local businesses.

FISCAL IMPACT:

The City’s fiscal year 2024/25 budget allocates funding for the Chamber of Commerce’s scope of services in 10011001-5300 (General Fund, Contract Services). Economic Development services will be provided on an annual basis for $60,000 each year for this Professional Services Agreement.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s Core Values of “Providing and nurturing a high quality of life for all”, “Intentionally embracing and anticipating the future”, and “Equitable prosperity for all” by ensuring that Rancho Cucamonga’s vibrant economy ensures prosperity and opportunities now and in the future. It also addresses the Vision and Goals of the General Plan by establishing Rancho Cucamonga as the cultural and economic hub of the Inland Empire.

ATTACHMENTS:

Attachment 1 - Exhibit A: Rancho Cucamonga Chamber of Commerce PSA

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

AGREEMENT FOR

PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 10th day of July, 2024, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and Rancho Cucamonga Chamber of Commerce, a California corporation ("Contractor").

RECITALS
A. Contractor has submitted a proposal to perform the professional services described in Recital "A", above, necessary to complete the Project.

B. City desires to engage Contractor to complete the Project in the manner set forth and more fully described herein.

C. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner.

AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:

1. Contractor's Services.

1.1 Scope and Level of Services . Subject to the terms and conditions set forth in this Agreement, City hereby engages Con tractor to perform all technical and professional services described in Recitals "A" and "B" above, including, but not limited to Economic Development Services, all as more fully set forth in the Con tractor's proposal, dated July 10, 2024 and entitled "Scope of Work", attached hereto as Exhibit "A", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Con tractor are set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control.

1.2 Revisions to Scope of Work . Upon request of the City, the Contractor will promptly meet with City staff to discuss any revisions to the Project desired by the City. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor's compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's City Manager without amendment.

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "A".

1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided . In light of such status and experience, Contractor hereby covenants that it shall fol low the customary professional standards in performing the Services.

1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City Representative.

2. Term of Agreement. The term of this Agreement is valid for one (1) year, from, July 1, 2024 through June 30, 2025 and will renew on an annual basis automatically unless terminated by either party upon a thirty (30) day written notice by June 1 st. Notice is to be received no later than May 1st.

3. Compensation.

3.1 Compensation. City shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $60,000.00 (sixty thousand dollars), including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed.

The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Contractor for any authorized extra services as set forth in Exhibit A.

4. Method of Payment.

4.1 Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California.

4.2 City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts.

4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3.

4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City.

5. Representatives.

5.1 City Representative . For the purposes of this Agreement, the contract administrator and City's representative shall be the Assistant City Manager , or such other person as designated in writing by the City ("City Representative"). It shall be Contractor’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.

5.2 Contractor Representative. For the purposes of this Agreement, Executive Director is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (" Contractor’s Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor's Representative were a substantial inducement for City to enter into this Agreement.

Therefore, the Contractor's Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City.

6. Contractor's Personnel.

6.1 All Services shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City's Municipal Code.

6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4.

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

6.3 Contractor shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

6.4 Contractor shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants , designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's violations of personnel practices an d/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6.

7. Ownership of Work Product.

7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product"), are considered to be "works made for hire" for the benefit of the City. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Contractor and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City's reuse of the Work Product for any purpose other than the Project, shall be at City's sole risk.

7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Contractor shall be deemed to grant and assign to City, and shall require all of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law.

City shall be entitled to utilize the Work Product for any and all purposes, includ ing but

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project.

7.3 Title to Intellectual Property . Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions.

Contractor shall bear all costs arising from the use of patented, copyr ighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City's use of any of the Work Product is held to constitute a n infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Produ ct so that it becomes non­ infringing. This covenant shall survive the termination of this Agreement.

8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor 's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold

City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement.

Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees.

9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim.

10. Conflict of Interest.

10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.

Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provi ded in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.

10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.

10.3 Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 10.1.

11. Indemnification.

11.1 Professional Services . In the connection with its professional services, the Contractor shall defend, indemnify, and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "Indemnitees"), free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to liability for death or injury to any person and injury to any property, to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor or any of its officers, employees, subcontractors, consultants, or agents in the performance of its

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

professional services under this Agreement. Contractor shall pay all reasonable defense costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense.

11.2 Other Indemnities . In connection with all Claims not covered by Section 11.1, and to the maximum extent permitted by law, the Contractor shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, subconsultants, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that t he Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees.

11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.

11.4 Waiver of Right of Subrogation . Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor.

11.5 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision.

12. Insurance.

12.1 Liability Insurance . Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees and subcontractors.

12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance.
(4) Professional Liability insurance in a form approved by the City, having, at City's option, an extended reporting period of not less than three (3) years; or professional liability insurance shall be maintained for a period of three (3) years after completion of the Services which shall, during the entire three (3) year period, provide protection against claims of professional negligence arising out of
Contractor's performance of the Services and otherwise
complying with all applicable provisions of this Section 12.

The policy shall be endorsed to include contractual liability to the extent insurable.

12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than:

(1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage.

Commercial General Liability Insurance with a general
aggregate limit shall apply separately to this Agreement or the general limit shall be twi ce the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage.

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

(3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers'
Compensation Insurance in the amount required by law.
(4) Professional Liability: $1,000,000 per claim/aggregate. (5) The Insurance obligations under this agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum insurance requirements shown in this Agreement. Any insurance proceeds in
excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City.

No representation is made that the minimum insurance
requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.

12.4 Deductibles and Self -Insured Retentions. Any deductibles or self­ insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements.

12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability policies are to contain the following provisions on a
separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials as additi onal insureds as respects: liability arising out of activities performed by or on behalf of
Contractor; products and completed operations of
Contractor; premises owned, occupied or used by
Contractor; and/or automobiles owned, leased, hired or
borrowed by Contractor. The coverage shall contain no
limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limit ations applicable to the named insured.
(2) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City or officials. Any insurance or self­
insurance maintained by City, its officers, officials,
employees, designated volunteers or agents serving as

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it.
(3) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any can cellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, t he City may procure such insurance at Contractor's sole cost and expense.
(5) Each insurance policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials.
(6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the S tate of California and which is rated A:VII or better according to the most recent A.M. Best Co.

Rating Guide.
(7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, s hall not affect the coverage required to be provided.
(8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits.

(9) Contractor shall provide any and all other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement.

12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s),

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

(2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf.

All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor 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.

12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub­ subcontractor.

13. Cooperation. In the event any claim or action is brought aga inst City relating to Contractor 's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City might require. City shall compensate Contractor 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 Contractor. In the event City exercises its right to terminate this Agreement, City shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor 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.

Contractor 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 Contractor'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.

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

All notices shall be addressed as follows:

If to City: Elisa Cox, Assistant City Manager
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 9 1730
If to Contractor: Heather Rawlings-Polk, Executive Director Rancho Cucamonga Chamber of Commerce 9500
Cleveland Ave, Suite 110
Rancho Cucamonga, CA 91730

16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor 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. Contractor 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, ph ysical or mental handicap, medical condition, or sexual orientation.

17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the perfo rmance of any of Contractor's obligations hereunder without City's prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or s ubcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect.

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. CONTRACTOR is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm CONTRACTOR shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor 's principal place of business and at the Project site. CONTRACTOR shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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 Contractor 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 Contractor, 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 p rovisions 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.

23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interp retation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

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 Contractor 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.

Contractor Name: Rancho Cucamonga City of Rancho Cucamonga Chamber of Commerce
By:

By: Name Date
Name Date

Title
Title

City of Rancho Cucamonga

By: By:

Name Date Name Date

Title
(two signatures required if corporation)

Title

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

EXHIBIT “A”

SCOPE OF SERVICES

ATTACHED

GENERAL ECONOMIC DEVELOPMENT SERVICES

1. The Chamber will provide the following services to the City in furtherance of the overall intent of this Agreement:

1. Provide a Business Resource Team to support the City when called upon to meet with prospective companies and answer questions about business opportunities in Rancho Cucamonga from a business standpoint;

2. Provide the City with information on contacts made with the Chamber by prospective businesses interested in Rancho Cucamonga;

3. Provide re location information to prospective businesses interested in locating their business in Rancho Cucamonga;

4. Work cooperatively with the City on marketing the region;

5. Provide City with reproducible copies of Chamber's marketing and promotional materials;

6. The City may submit articles to the Chamber for incorporation into appropriate printed, electronic, or online materials or other information prepared by the Chamber. The Chamber shall retain the authority to edit, condense or defer such materials as it deems necessary to insure the appropriateness of the material for a Chamber publication; and

7. Provide meeting and workspace for the City's Inland Empire Small Business Development Center’s Representative, to include use of Chamber's support equipment and assistanc e as may be necessary to facilitate operations i.e., telephone, fax, copy machine, desk, chairs, etc.). Space provided will allow for a confidential environment for meetings and phone conversations.

2. Membership within the Chamber
The City will be recognize d as a President's Circle Member of the Chamber. In addition, the City Council and the City Manager are recognized as Members of the Chamber. The City shall designate one of its Chamber Members as its representative in terms of exercising all privileges ou tlined in the Chamber Bylaws as a Chamber Member. Additionally, Department Heads or other key City staff member who frequently interact with the Chamber will be recognized as representatives of the city.

3. Site Visits, Phone Calls, Texts and Printed Resource Materials Chamber Board Members, Ambassadors and Staff will walk and visit service providers, manufacturers, and other businesses located in various shopping or business centers. Business resource information will be provided to the businesses including resources and information from the Rancho Cucamonga Chamber of Commerce, City of Rancho Cucamonga, City Departments and Resource Partners.
• Partnering with the city’s Economic Development Division, our membership and staff will conduct at least 20 visits per month.
• Monthly reports will be created for and presented at quarterly mee tings on businesses visited and where we distribute printed and/or digital materials.

EVENTS AND PROGRAMS

1. Annual ShopRC Awards and Installation Dinner
The Rancho Cucamonga Chamber of Commerce will extend the City of Rancho Cucamonga one of the Title Sponsor levels to the Rancho Cucamonga Chamber of Commerce Installation Gala. The

City of Rancho Cucamonga will receive a tab le to provide seats for the Mayor, City Council and special guests. This event recognizes outstanding ShopRC businesses in different categories and provides the opportunity to introduce the new Chamber Board of Directors, and any other special recognitions to the business community.

2. Annual Vintners Celebration
The Rancho Cucamonga Chamber of Commerce will host the annual Vintners Celebration Gala recognizing the City of Rancho Cucamonga as a major partner/ sponsor. One table Seating tables will be provided to seat the Mayor, City Council and guests of the City of Rancho Cucamonga. The City of Rancho Cucamonga will receive all the benefits and incentives of this event.

3. Business Connection Network Meetings
The Business Connection Network (BCN) provides me mbers an opportunity to network and promote business opportunities. The Rancho Cucamonga Chamber of Commerce regularly offers the City of Rancho Cucamonga an opportunity share a City Minute as a way to promote the City of Rancho Cucamonga ’s services to the community and to stay connected with local influentia l business. The City will receive one seat for each of the BCN events (Breakfast, Lunch and Mixers).

If more seats are needed, up to two tickets will be available for each event.

4. Monthly Innovation Forums
This industry-specific forum fosters collaboration among business owners, addressing trends, pain points, and facilita ting referrals. These business roundtable events will help connect business owners in the same industry to one another.

5. Rancho Cucamonga State of the City
An annual event in partnership with the City of Rancho Cucamonga by agreement. Business leaders and the local community will be invited to attend and will have an opportunity to network and connect with others in a social environment.
a. The Chamber will assist with the marketing of the event in the weekly e -Newsletter, on the Chamber website, and signage at Chamber events.
b. The Chamber will provide five (5) volunteers to assist with the set -up, registration and clean-up of the event.
c. The Chamber will receive $10 per ticket when the code “CHAMBER” is used.

6. Educational Opportunities
Growing partnership with the Inland Empire Small Business Development Center (IESBDC) and the City of Rancho Cucamonga for focused business e ducational workshops on entrepreneurship, leadership, and other topics of interest to the business community . The Chamber commits to promoting events and facilitating guest lists and registration each month.

7. Public Safety Recognition
In partnership with the City of Rancho Cucamonga, the Chamber will honor and present awards to the Public Safety Departments of Rancho Cucamonga for their service to the community. The City will receive one (1) table.

8. Business Activities in Partnership with the City

The Chamber will host and coordinate business activities with the City of Rancho Cucamonga including Grand Opening/ Ribbon Cutting Ceremonies, Business Mixers, New Member Receptions and Chamber Board Meetings.

9. Golf Tournament (Spring Swing)
The Rancho Cucamonga Chamber of Commerce will design, promote and host the annual Spring Swing recognizing the City of Rancho Cucamonga as a Platinum Sponsor with all benefits afforded as per the sponsorship tier.

10. ShopRC
ShopRC is a collaboration with the Rancho Cucamonga Chamber of Commerce, the City of Rancho Cucamonga, businesses, and the residents working together to keep our businesses thriving and our money in Rancho Cucamonga. This is FREE for all who participate, and will provide businesses with increased exposure, fostering community engagement and support. • Partnership with the City of Rancho Cucamonga : ShopRC information is hand delivered and distributed to households each month. ShopRC information will also be included on the City’s Economic Development webpage, Chamber weekly Newsleter and highlighted on the Chamber’s social media platforms. • Business and Community Mixer : Featuring ShopRC benefits for businesses and the community. The community will be invited to attend the mixer to find out more about ShopRC and pick up information about how to be involved. Promotional materials will be handed out and resource partners (ie. SBA, SBDC, City and County Economic Development) may have tables at the event.
• Social Media Integra tion: Campaigns on I nstagram, Facebook, and LinkedIn, and collaboration with local influencers. Social media posts will tag the city and other sponsors for easy sharing and reposting.
• Event Par ticipation - Pop Ups, Non -profit Events, and Farmers Markets: ShopRC events in collaboration with non-profits, city and other local Farmers Markets. • ShopRC Business Spotlight: Weekly features on the Chamber website, social media, and newsletters highlighting a specific ShopRC Participating Business. • Community Engagement: Encourage customer reviews, utilize interactive map, and share #ShopRC posts on Chamber social sites like Yelp, Google and Facebook. • ShopRC Website Directory : All Rancho Cucamonga businesses can be added to t he Chamber Business Directory by filling out an interest form. Chamber Members are automatically added as Chamber Member /ShopRC Members with a designated ribbon.
• ShopRC Awards: Annual Event: Recognize outstanding ShopRC businesses in different categories through an annual awards event.
• Shop RC participant swag, stickers and buttons.

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

EXHIBIT B

SCHEDULE OF PERFORMANCE

Vendor Initials
PSA with Professional Liability Insurance (non-design)
Last Revised: 10/02/13

DATE: July 17, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Elisa C. Cox, Assistant City Manager
Erika Lewis-Huntley, Management Analyst
SUBJECT: Consideration to Authorize the City of Rancho Cucamonga to Enter Into a Settlement Agreement with Kroger Co. for Opioid-Related Claims and Directing the City Manager to Execute Documents Necessary to Effectuate the City's Participation in the Settlement. (CITY) RECOMMENDATION:

Staff recommends the City Council authorize the City Manager to execute, on behalf of the City of Rancho Cucamonga, the (1) Participation Form and (2) State Subdivision Agreement through DocuSign in connection with the nationwide settlement with Kroger Co. involving its participation in the opioid epidemic; and ratify the City Manager’s actions if the City Manager has already executed either or both such agreements.

BACKGROUND:

In 2021, nationwide settlements (“2021 National Settlements”) were reached to resolve all opioids litigation brought by states and local political subdivisions against the three largest pharmaceutical distributors - McKesson, Cardinal Health, and AmerisourceBergen (collectively, the “Distributors”) - and against manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (collectively, “J&J”). In all, the Distributors will pay up to $21 billion over 18 years, and J&J will pay up to an additional $5 billion over 9 years. The City Council approved the Distributors and J&J Settlements by Resolution 2021-135 adopted on December 15, 2021, and elected direct payment of approximately $1.3 million in settlement funds over the term of the settlements for the specified uses related to opioid response, treatment, and prevention. The City has received abatement proceeds for the 2021 National Settlements in the amount of $241,731.34 to date, and will continue to receive annual payments through the term of the settlements.

In late 2022, additional agreements (“2022 National Settlements”) were announced with three pharmacy chains—CVS, Walgreens, and Walmart—and two additional manufacturers—Allergan and Teva. In all, Teva will pay up to $3.34 billion over 13 years, Allergan will pay up to $2.02 billion over 7 years, CVS will pay up to $4.9 billion over 10 years, Walgreens will pay up to $5.52 billion over 15 years, and Walmart will pay up to $2.74 billion within 6 years. The City Council approved the 2022 National Settlements by Resolution 2023-035 adopted on April 5, 2023, and elected direct payment of approximately $1.05 million in settlement funds over the term of the settlements for specified opioid-related uses. The City has not received any payments for the 2022 National Settlements to date.

In March 2024, a new proposed national opioids settlement (“New National Opioids Settlement”)

2 4
5 4
was reached with supermarket chain pharmacy Kroger Co. The proposed settlement is expected to provide substantial funds for the abatement of the opioid epidemic, and will require changes to the way that the pharmacy conducts its business. This settlement will build on the existing framework that states and subdivisions have created through the other opioid settlements.

ANALYSIS:

As with the previous settlements, states and local governments that want to participate in the New National Opioids Settlement are required to affirmatively opt-in to the settlement. The greater the level of subdivision participation, the more funds will ultimately be paid out for abatement.

Assuming maximum participation, the New National Opioids Settlement requires Kroger Co. to pay approximately $1.2 billion over 11 years to participating states and subdivisions, with roughly $122 million allocated to California and its participating subdivisions. Based on the allocation formula for cities, it is anticipated that the City of Rancho Cucamonga will receive an estimated $100,000 over the term of the settlement. Participating states and subdivisions will receive abatement proceeds through annual payments continuing over a period of eleven years.

In addition to the financial terms of the settlement, injunctive relief is included governing opioid dispensing practices and requires Kroger Co. to implement safeguards to prevent diversion of prescription opioids. Specifically, Kroger is required to implement additional programs to prohibit filling fraudulent prescriptions, flagging suspicious prescriptions, and reporting patient, prescription, and prescriber red flags. Additionally, Kroger is prohibited from using compensation structures incentivizing the sale of controlled substances.

California Allocation Terms
Similar to the other National Settlements, the State of California will allocate the Kroger Co. abatement proceeds among three funds: 1) State Fund 15%; 2) CA Subdivision Fund 15%; and 3) CA Abatement Accounts Fund 70%. Participating cities and counties will receive 85% of the total allocated to the State per the breakdown. The National Settlements allow for a broad range of approved uses by state and local governments for future opioid remediation activities focused on prevention, intervention, harm reduction, treatment, and recovery services. A list of approved uses is found at Exhibit E of the Settlement Agreement (Attachment 2). California State officials, in partnership with counsel representing cities and counties, further agreed on a list of opioid remediation activities to prioritize within the State of California. These priorities are referred to as High Abatement Activities (HIAA). No less than 50% of the funds received by a Participating Subdivision from the Abatement Accounts Fund in each calendar year must be used for one or more of the following HIAA listed below:
•Provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; •Creating new or expanded Substance Use Disorder (SUD) treatment infrastructure; •Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
•Diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction;
•Interventions to prevent drug addiction in vulnerable youth, including but not limited to, youth in foster care, juvenile justice-impacted youth, youth experiencing adversities related to socioeconomic status, and unhoused youth; and/or

2 4
5 4
•The purchase of naloxone for distribution and efforts to expand access to naloxone for opioid overdose reversals.

The City has prioritized the settlement funds received to date for Naloxone distribution, a high abatement activity, to combat opioid overdoses, particularly among vulnerable populations. Staff have collaborated with the Rancho Cucamonga Fire District, San Bernardino County Sheriff’s Department, local healthcare providers, and community organizations to ensure Naloxone is readily available where it's most needed. Additionally, staff will engage the business community to foster a supportive environment for these initiatives. In tandem with this distribution effort, an educational campaign has been developed to raise awareness about opioid misuse and the life- saving potential of Naloxone. This campaign includes training sessions on how to administer Naloxone, informational workshops on opioid addiction and prevention, and targeted outreach to at-risk groups. Recognizing the critical importance of educating young people, the Healthy RC Youth Leaders have partnered with local schools to provide targeted educational programs for teens, equipping them with knowledge about the dangers of opioids and the resources available for help. Additionally, our community educational efforts will expand to include multimedia outreach through social media and community events to disseminate crucial information on opioid risks and resources for treatment and prevention. The City’s efforts will also extend to supporting the Community Outreach and Support Team (COAST), using funds to bolster their initiatives with a behavioral health professional. The COAST Team will play a pivotal role in connecting individuals with the necessary mental health and substance abuse resources, offering crisis intervention, and providing ongoing support for recovery.

Cities and counties that wish to become participating subdivisions must sign and submit the Participation Documents by August 12, 2024. Cities can then request direct payment of their settlement funds, or let the local allocation be paid to the County. Staff recommends that the City elect direct payment of the settlement funds, as it did for the previous settlements. Cities that elect for direct payment must follow the use and reporting requirements of the Settlement Agreements.

Due to the prospect of continued litigation, it is likely that additional opioid related settlements will arise and prompt City participation.

FISCAL IMPACT:

By this action, the City would receive an estimated $100,000 in settlement funds over the next 11 years for the specified uses related to opioid response, treatment, and prevention.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This action promotes the Council’s core value of promoting and enhancing a safe and healthy community for all.

ATTACHMENTS:

Attachment 1 – Exhibit E to the Kroger Settlement Agreement describing the allowable uses for the Settlement Funds

E-1

EXHIBIT E
List of Op
ioid Remediation Uses
Schedule A
Core Strategies

States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core Strategies”).14
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO

REVERSE OPIOID OVERDOSES

1. Expand training for first responders, schools, community support groups and families; and

2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service.

B. MEDICATION-ASSISTED TREATMENT (“MAT”)

DISTRIBUTION AND OTHER OPIOID-RELATED

TREATMENT

1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;

2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;

3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and

4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services.
14 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.

ATTACHMENT 1

E-2
C. PREGNANT & POSTPARTUM WOMEN

1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women;

2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with co-
occurring Opioid Use Disorder (“OUD”) and other
Substance Use Disorder (“SUD”)/Mental Health disorders
for uninsured individuals for up to 12 months postpartum; and

3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job
placement/training, and childcare.

D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (“NAS”)

1. Expand comprehensive evidence-based and recovery
support for NAS babies;

2. Expand services for better continuum of care with infant- need dyad; and

3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.

E. EXPANSION OF WARM HAND-OFF PROGRAMS AND

RECOVERY SERVICES

1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments;

2. Expand warm hand-off services to transition to recovery services;

3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions;

4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job
placement/training, and childcare; and

5. Hire additional social workers or other behavioral health workers to facilitate expansions above.

E-3
F. TRE

ATMENT FOR INCARCERATED POPULATION

1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and

2. Increase funding for jails to provide treatment to inmates with OUD.

G. PREVENTION PROGRAMS

1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco);

2. Funding for evidence-based prevention programs in
schools;

3. Funding for medical provider education and outreach
regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at
hospitals (academic detailing);

4. Funding for community drug disposal programs; and

5. Funding and training for first responders to participate in pre-arrest diversion programs, post-overdose response
teams, or similar strategies that connect at-risk individuals to behavioral health services and supports.

H. EXPANDING SYRINGE SERVICE PROGRAMS

1. Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and treatment of infectious diseases.

I. EVIDENCE-BASED DATA COLLECTION AND

RESEARCH ANALYZING THE EFFECTIVENESS OF THE

ABATEMENT STRATEGIES WITHIN THE STATE

E-4
Schedule B
Approved Uses
Support treatm
ent of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

PART ONE: TREATMENT
A. TRE

AT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that:15

1. Expand availability of treatm
ent for OUD and any co-occurring SUD/MH
conditions, including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S. Food and Drug Administration.

2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co- occurring SUD/MH conditions.

3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services.

4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence- based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment.

5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose.

6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma.

7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions.
15 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.

E-5

8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas.

9. Support workforce developm
ent for addiction professionals who work with
persons with OUD and any co-occurring SUD/MH conditions.

10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments.

11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas.

12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver.

13. Disseminate of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing.

14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication– Assisted Treatment.

B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that:

1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare.

2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services.

3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions.

E-6

4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance program
s, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services.

5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.

6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions.

7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions.

8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions.

9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery.

10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family.

11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma.

12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment.

13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans.

14. Create and/or support recovery high schools.

15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above.

C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

E-7

1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.

2. Fund SBIRT program
s to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.

3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common.

4. Purchase automated versions of SBIRT and support ongoing costs of the technology.

5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments.

6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services.

7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach.

8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose.

9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event.

10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose.

11. Expand warm hand-off services to transition to recovery services.

12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people.

13. Develop and support best practices on addressing OUD in the workplace.

E-8

14. Support assistance program
s for health care providers with OUD.

15. Engage non-profits and the faith community as a system to support outreach for treatment.

16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions.

D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as:

1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”);

2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model;

3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services;

4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model;

5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or

6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise.

2. Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services.

3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions.

E-9

4. Provide evidence-informed treatm
ent, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison.

5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities.

6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings.

7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section.

E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND

THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE

SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome.

2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum.

3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co- occurring SUD/MH conditions.

4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families.

E-10

5. Provide training to health care providers who work with pregnant or parenting wom
en on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care.

6. Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions.

7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions.

8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events.

9. Offer home-based wrap-around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training.

10. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use.

PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE

PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing).

2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.

3. Continuing Medical Education (CME) on appropriate prescribing of opioids.

4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain.

5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that:

E-11

1. Increase the num
ber of prescribers using PDMPs;

2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or

3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules.

6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules.

7. Increasing electronic prescribing to prevent diversion or forgery.

8. Educating dispensers on appropriate opioid dispensing.

G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding media campaigns to prevent opioid misuse.

2. Corrective advertising or affirmative public education campaigns based on evidence.

3. Public education relating to drug disposal.

4. Drug take-back disposal or destruction programs.

5. Funding community anti-drug coalitions that engage in drug prevention efforts.

6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”).

7. Engaging non-profits and faith-based communities as systems to support prevention.

E-12

8. Funding evidence-based prevention programs in schools or evidence-inform ed
school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others.

9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.

10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.

11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills.

12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse.

H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public.

2. Public health entities providing free naloxone to anyone in the community.

3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public.

4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support.

5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals.

6. Public education relating to emergency responses to overdoses.

E-13

7. Public education relating to imm
unity and Good Samaritan laws.

8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws.

9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs.

10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.

11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions.

12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions.

13. Supporting screening for fentanyl in routine clinical toxicology testing.

PART THREE: OTHER STRATEGIES
I. FIRST RE

SPONDERS
In addition to items in section C, D and H relating to first responders, support the following:

1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.

2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events.

J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following:

1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment

E-14
intervention services, and to support training and technical assistance and other strategies to abate the opioid epidem
ic described in this opioid abatement strategy
list.

2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes.

3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

4. Provide resources to staff government oversight and management of opioid abatement programs.

K. TRAINING
In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that:

1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.

2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.).

L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:

1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.

2. Research non-opioid treatment of chronic pain.

3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.

E-15

4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.

5. Research on innovative supply-side enforcem
ent efforts such as improved
detection of mail-based delivery of synthetic opioids.

6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7).

7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system.

8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.

9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes.

DATE: July 17, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Jasmine Lopez, Assistant Engineer
SUBJECT: Consideration to Order the Annexation to Landscape Maintenance District No. 1 Related to Case No. PMT2024-00538, Located at 8951 Orange Street. (RESOLUTION NO. 2024-055) (CITY)
RECOMMENDATION:

Staff recommends the City Council adopt the attached resolution ordering the annexation of the land at 8951 Orange Street into Landscape Maintenance District No. 1.

BACKGROUND:

On February 14, 2024, Case No. PMT2024-00538 (Project) was submitted to the Building and Safety Services Department for the proposed construction of three (3) additions totaling 810 square feet, for the property located at 8951 Orange Street (Property). On May 21, 2024, the plans were ultimately finalized and approved for construction of two (2) additions, totaling 745 square feet. As per the City’s Municipal Code it is required that the applicant sign the Consent and Waiver Form to annex the subject property into the appropriate Landscape and Street Light Maintenance Districts.

The Project was conditioned for the Property to be annexed into the appropriate Landscape Maintenance District
ANALYSIS:

The owners, Benjamin and Susan Fudge, have submitted the required Consent and Waiver to Annexation form to be annexed into Landscape Maintenance District No. 1. A copy of the form is on file with the City Clerk’s office.

FISCAL IMPACT:

The proposed annexations would supply additional annual revenue into Landscape Maintenance District in the following amount:

Landscape Maintenance District No. 1: $92.21
Further, the development will install no new street trees that will need to be maintained by the City.

2 4
0 4
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s vision for the City by ensuring the maintenance of high- quality public improvements that promote a world class community.

ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Resolution Ordering Annexation LMD No. 1

ATTACHMENT 1
Case No. PMT2024-00538
Vicinity Map

NOT TO SCALE
8951 Orange Street

Resolution No. 2024-XXX – Page 1 of 5
4 6
8 2
ATTACHMENT 2
RESOLUTION NO. 2024 - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR
PROJECT CASE NO. PMT2024-00538
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Landscape Maintenance District No. 1 (General City) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

Resolution No. 2024-XXX – Page 2 of 5
4 6
8 2
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory.
(3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment.

WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto.

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

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

SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in
relationship to the entirety of the cost of the maintenance of the Improvement.
c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments.

SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C.

SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory.

PASSED, APPROVED, AND ADOPTED this 17 day of July 2024.

Resolution No. 2024-XXX – Page 3 of 5
4 6
8 2
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

Fudge Family Trust 2/16/2007
The legal description of the Property is:

TRACT 7827 LOT 4
Assessor’s Parcels Numbers of the Property:
106-253-104-0000

Resolution No. 2024-XXX – Page 4 of 5
4 6
8 2
Exhibit B
Description of the District Improvements
Fiscal Year 2023/24
Landscape Maintenance District No. 1 (General City):

Landscape Maintenance District No. 1 (General City) (the “Maintenance District”) represents various landscaped areas, parks and community trails located at various sites throughout the City. These sites consist of several non-contiguous areas throughout the City. As such, the parcels within this District do not represent a distinct district area as do the other LMD’s within the City. Typically, new parcels within this District have been annexed upon development.

The various sites maintained by the District consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park.

Proposed additions to the Improvements for Project Case No. PMT2024-00538:

Resolution No. 2024-XXX – Page 5 of 5
4 6
8 2
Exhibit C
Proposed Annual Assessment
Fiscal Year 2023/24
Landscape Maintenance District No.1 (General City):

The rate per Equivalent Benefit Unit (EBU) is $92.21 for the fiscal year 2023/24. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City) for PMT2024-00538:

Land Use Basis
EBU*
Factor
Rate per
EBU*
Single Family Residential Parcel 1.00 $92.21
Multi-Family Residential Unit 0.50 92.21
Non-Residential Acre 2.00 92.21
The proposed annual assessment for the property described in Exhibit A is as follows:
1 Parcel x 1 EBU Factor x $92.21 Rate per EBU = $92.21 Annual Assessment

DATE:July 17, 2024
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Augie Barreda, Deputy Fire Chief
Michelle Cowles, Management Analyst II
SUBJECT: Consideration of Resolution No. FD 2024-016 Approving the Annual Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire in the Amount of $215,600 for FY 2024-

25. (RESOLUTION NO. FD 2024-016) (FIRE)
RECOMMENDATION:

Staff recommends the Fire Board of the Rancho Cucamonga Fire Protection District (District) adopt a Resolution approving the annual renewal of Local Responsibility Area (LRA) Wildland Protection Agreement No. 3CA06936 with the California Department of Forestry and Fire Protection (Cal FIRE) for $215,600.

BACKGROUND:

On October 1, 2015, Rancho Cucamonga Fire Protection District contracted with Cal FIRE to provide supplemental wildland fire protection of 1,206.60 acres of wildland within the District. The Fire Board approves the renewal of the Cal FIRE agreement annually.

The City of Rancho Cucamonga also annexed 4,104 acres of State Responsibility Area (SRA), known as the Etiwanda Heights Plan, into the city limits. Approving the annexation required additional supplemental wildland fire protection from Cal FIRE. The total acreage of the wildland contract for FY 2024-25 is 5,271 acres.

The wildland/urban interface area of Rancho Cucamonga is prone to wildfire. As witnessed in the October 2003 Grand Prix Fire and the April 2014 Etiwanda Fire, the magnitude of these wildfires, in terms of suppression efforts and response, far exceeds the capabilities of the District’s on-duty fire crews. Local city fire departments and districts routinely rely on mutual aid to assist each other in large-scale incidents. Mutual aid is a like-for-like provision of resources without cost to the receiving agency. The suppression of massive wildfires is enhanced by utilizing water and retardant-dropping aircraft, hand crews, dozers, and various overhead management positions.

These specialized resources are critical for the initial suppression of a wildland fire. The District does not have these dedicated resources or enough overhead to fill all the needed positions on a complex local mutual threat zone wildfire. The State of California realizes that fires in the Rancho Cucamonga wildland/urban interface are a mutual threat to the SRA and formulates available agreements with local agencies on a per-acre fee.

2 4
3 5
ANALYSIS:

Through this Agreement, Cal FIRE would assume the primary financial responsibility for suppressing wildland fires in the contract area. Our LRA, City incorporated land, would be supported with resources and a level of service provided on the adjacent SRA land without the significant unfunded liability burden.

In the event of a significant wildfire in the contract area, fire suppression costs would likely exceed the proposed contract amount. If the Fire Board chooses not to renew the LRA Wildland Protection Agreement, the actual cost of retardant-dropping aircraft, hand crews, dozers, and various overhead management positions utilized to suppress wildland fires in our LRA will be the responsibility of the Fire District.

Annual amendments to the Agreement are required to reflect any changes in Cal FIRE’s costs for providing this service.

FISCAL IMPACT:

The FY 2024-25 LRA Wildland Protection Agreement per acre rate is $42.58. The total cost of the Agreement is $215,600, which includes a 12.10% administrative fee. In anticipation of this Agreement, the District budgeted funds in account 3283508-5300 (CFD 88-1/ Fire Suppression/ Contract Services).

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item combines portions of the Council’s vision and core values by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by ensuring our first responders have the specialized resources to contain and suppress wildland fires effectively.

ATTACHMENTS:

Attachment 1 – Cal FIRE Local Responsibility Area Wildland Protection Agreement No. 3CA06936
Attachment 2 – Cal FIRE Local Responsibility Area Wildland Protection Agreement Resolution No. FD 2024-016

ATTACHMENT 1

Resolution No. FD 2024-016 - Page 1 of 2
ATTACHMENT 2
4 7
8 5
RESOLUTION NO. FD 2024-016

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO

CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN

BERNARDINO, CALIFORNIA, APPROVING THE LOCAL RESPONSIBILITY

AREA WILDLAND PROTECTION AGREEMENT WITH THE CALIFORNIA

DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE) FOR SERVICES FROM JULY 1, 2024, THROUGH JUNE 30, 2025
WHEREAS, the Rancho Cucamonga Fire Protection District (RCFPD) is a public agency and California fire protection district located in the County of San Bernardino, State of California; and WHEREAS, the wildland/urban interface area of the RCFPD and the City of Rancho Cucamonga is prone to wildfire, and the magnitude of these wildfires, in terms of suppression efforts and response, far exceeds the capabilities of RCFPD on-duty crews; and
WHEREAS, the suppression of large-scale wildfires is enhanced by utilizing water and retardant- dropping aircraft, hand crews, dozers, and various overhead management positions; and WHEREAS, RCFPD does not have the capacity to provide firefighting aircraft, hand crews, dozers, and enough overhead management to respond to large wildland fires on a mutual aid basis; therefore, RCFPD must contract for these services; and
WHEREAS, pursuant to Public Resources Code Section 4142, et seq., the California Department of Forestry and Fire Protection (CAL FIRE) may, with the approval of the Department of General Services, enter into a cooperative agreement upon such terms and under such conditions, it deems wise, for preventing and suppressing forest fires or other fires in any lands within any county, city, or district which makes an appropriation for such purpose; and
WHEREAS, an operating plan aims to increase and enhance the fire ground operations within the CAL FIRE San Bernardino -- Rancho Cucamonga Fire Protection District Wildland Contract Area, including mutual threat zones. This plan would allow responding agencies to pre-designate the Unified Ordering point, VHF Radio Frequencies, the establishment of a Unified Command structure for wildland fires in the contract area; and WHEREAS, the Fiscal Year 2024/2025 cost for 5,271 acres is $42.58 per acre for a total cost of $215,596.32, which includes a 12.10% administrative fee.

NOW, THEREFORE, THE PRESIDENT OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT HEREBY RESOLVES as follows:

1. The facts set forth in the Recitals above are true and correct.

2. The Board of Directors of the Rancho Cucamonga Fire Protection District hereby approves the Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) dated July 1, 2024, in the total amount of $215,596.32 This agreement provides Wildland services during the State fiscal year 2024/2025.

3. The Secretary of the Rancho Cucamonga Fire Protection District shall certify the adoption of this Resolution.

Resolution No. FD 24-XXX - Page 2 of 2
BE IT FURTHER RESOLVED, the President of said Board is hereby authorized to sign and execute the said agreement on behalf of the Rancho Cucamonga Fire Protection District.

PASSED, APPROVED, AND ADOPTED this 17th day of July 2024.

DATE:July 17, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Noah Daniels, Finance Director
Rick Flinchum, Finance Manager
Kelly Guerra, Special Districts Analyst
SUBJECT: Consideration of Resolutions Approving the Special Tax Levy for Various Community Facilities Districts and the Special Annual Benefit Assessment for Drainage Area No. 91-2 for the Fiscal Year 2024/25. (RESOLUTION NOS. 2024-062 TO 2024-077) (CITY)
RECOMMENDATION:

It is recommended that the City Council adopt the Resolutions approving the special tax levy and special annual benefit assessment, as applicable, for the following Community Facilities and Benefit Assessment Districts (each a “District” and collectively the “Districts”) for the Fiscal Year 2024/25:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Annually, before the County’s direct assessment enrollment in August, the City Council must adopt a Resolution approving the special tax levy and special benefit assessment for each District.

If approved, staff will file the certified list of all parcels subject to the levy for each District with the County of San Bernardino to be included in the property owner’s property tax billings.

2 4
4 0
Although the City Council has previously authorized the formation of the Districts, including the services provided or the bonded indebtedness secured by the Districts, the annual special tax to be levied must be approved annually.

ANALYSIS:

Community Facilities Districts
Pursuant to the Mello-Roos Community Facilities Act of 1982 (the “1982 Act”), the City Council previously approved the formation of the Districts either by the issuance of bonds to finance infrastructure improvements or for maintenance services within certain geographical boundaries, which formed the Community Facilities Districts.

Districts established through bond issuance cover the repayment of principal, interest, and administrative costs associated with their respective debt service. Generally, these Districts mature around 30 years after issuance when the bonds are fully repaid. All the costs related to the Districts are costs of the Districts, not the City or its General Fund. Thus, all expenses associated with administering the Districts and paying debt service on the bonds are the responsibility of the property owners within the Districts. Additionally, the outstanding indebtedness of the Districts is not an obligation of the City.

Changes in rate increases are only recommended when necessary to ensure that sufficient funds are available to sustain current and future debt service payments.

The following is a summary of the financial considerations used in setting the rate assessments for Fiscal Year 2024/25
•A 2.0% increase is recommended for CFD 2003-01 (Improvement Area No. 1) and CFD 2003-01 (Improvement Area No. 2). This increase is necessary to adequately cover their respective debt service payments due in September 2024 and March 2025. •A 55.0% rate reduction is recommended for CFD 2000-01 compared to the previous year, as sufficient funds cover the three remaining debt services payments. The District debt service will mature in September 2025.

The other Districts’ current rates are sufficient to cover their debt service payments.

The table below provides a summary of each Districts’ total special tax levy for Fiscal Year 2024/25 and maturity date:

2 4
4 0
District / Name
Bond
Maturity
Fiscal
Year
2024/25 Notes
CFD No. 2000-01
(South Etiwanda)
September
2025 $33,265 A 55.0% rate reduction from the
prior year
CFD No. 2000-02
(Rancho Cucamonga
Corporate Park)
September
2025 $528,162 No change from the prior year
CFD No. 2000-03
(Rancho Summit)
September
2035 $566,112 No change from the prior year.

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

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

CFD No. 2003-01
(Improvement Area No. 1)
September
2033 $1,274,848 A 2% increase is recommended
to cover debt service.

CFD No. 2003-01
(Improvement Area No. 2)
September
2033 $217,615 A 2% increase is recommended
to cover debt service.

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

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

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

The remaining CFDs were established to provide maintenance and services for public facilities in perpetuity. Changes in special taxes for these Districts are driven by various factors, including inflation, the rising costs associated with providing services, and the need to secure funding for necessary capital replacement projects.

The following is a summary of the financial considerations used in setting the recommended assessment rates for Fiscal Year 2024/25:
•No changes in the actual rate are recommended for CFD 2000-03B and CFD 2017-01.

Staff determined that both Districts have adequate funds to sustain their respective operational expenditures.
•A 6% increase is recommended for CFD 2018-01 (Residential Property), from $387.45 to $410.70, the maximum allowable increase. The increase is necessary to offset estimated increases in operational costs and to ensure funding for essential future capital replacement projects.
•CFD 2018-01 (Undeveloped Property) actual rate will remain at $347.42 per acre due to the development of new residential properties within the District. In March 2024, the north side of Empire Lakes was annexed into the District.
•A 6% increase is recommended for CFD 2022-01. The increase is necessary to sustain the continuously rising costs, including inflation, relating to the operational and maintenance of streetlights.

2 4
4 0
•A 6% increase is recommended for CFD 2022-02 to secure funding for future industrial capital replacement projects.

The table below provides a summary of each Districts’ total special tax levy for Fiscal Year 2024/25:

District / Name Maximum
Fiscal
Year
2023/24
Fiscal
Year
2024/25 Notes
CFD No. 2000-03
Special Tax “B”
(Rancho Summit)
$1,720.37 $1,560.43 $1,560.43
No change is
recommended from the
prior year.

CFD No. 2017-01
(North Etiwanda)
Residential Property
$1,123.55 $0 $0
No residential parcels
have been developed;
the rate is on hold
pending development.

CFD No. 2017-01
(North Etiwanda)
Undeveloped Property
$2,729.40 $0 $20
No change is
recommended from the
prior year. The current
rate of $20 per acre is for
administrative expenses.

CFD No. 2018-01
(The Resort at
Empire Lakes)
Residential Property
$410.70 $387.45 $410.70
A 6% increase is
recommended due to
increased costs for
operations and future
capital replacement
plans.

CFD No. 2018-01
(The Resort at
Empire Lakes)
Undeveloped Property
$6,742.09 $347.42 $347.42
No change is
recommended from the
prior year.

CFD No. 2022-01
(Street Lighting Services)
Tax Zone No. 1
Tax Zone No. 2
Tax Zone No. 3
Tax Zone No. 4
Tax Zone No. 5
Tax Zone No. 6
Tax Zone No. 7
Tax Zone No. 8
$25.23
$83.66
$52.48
$32.23
$71.00
$57.21
$65.27
$42.06
$22.67
$75.17
$47.15
$28.96
$63.79
$51.40
$58.64
$37.79
$24.03
$79.68
$49.98
$30.70
$67.62
$54.48
$62.16
$40.06
A 6% increase is
recommended to sustain
the rising cost of
operations, utilities, and
streetlight maintenance.

CFD No. 2022-02
(Industrial Area Services)
Industrial Property
$6,513.28 $5,852.00 $6,203.13
A 6% increase is
recommended to secure
funding for future
industrial capital
replacement projects.

2 4
4 0
Benefit Assessments for Drainage Area No. 91-2
The Benefit Assessments for Drainage Area No. 91-2 (Day Canyon Drainage Basin) District consist of 363 residential parcels, which are generally located north of Wilson Ave between Day Creek Boulevard and Etiwanda Avenue.

For Fiscal Year 2024/25, staff determined that the current assessment of $72.17 per residential parcel is sufficient to meet all of the district’s financial obligations. The District's annual assessment pays for maintenance and servicing a 27-acre-foot desilting basin and a 1,460-linear- foot concrete drainage channel.

FISCAL IMPACT:

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

The budgets for each District, as shown in the Annual Reports, agree to the City’s Adopted Budget for Fiscal Year 2024/25, which the City Council approved on June 27, 2024.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

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

ATTACHMENTS:

Attachment 1 – Resolution CFD 2000-01
Attachment 2 – Annual Status Report – CFD 2000-01
Attachment 3 – Resolution CFD 2000-02
Attachment 4 – Annual Status Report - CFD 2000-02
Attachment 5 – Resolution CFD 2000-03
Attachment 6 – Annual Status Report - CFD 2000-03
Attachment 7 – Resolution CFD 2000-03 Special Tax “B”
Attachment 8 – Annual Status Report - CFD 2000-03 Special Tax “B” Attachment 9 – Resolution CFD 2001-01 (Improvement Area No. 1 and 2) Attachment 10 – Annual Status Report – CFD 2001-01 (Improvement Area Nos. 1 and 2) Attachment 11 – Resolution CFD 2001-01 (Improvement Area No. 3) Attachment 12 – Annual Status Report – CFD 2001-01 (Improvement Area No. 3) Attachment 13 – Resolution CFD 2003-01 (Improvement Area No. 1) Attachment 14 – Annual Status Report – CFD 2003-01 (Improvement Area No. 1) Attachment 15 – Resolution CFD 2003-01 (Improvement Area No. 2) Attachment 16 – Annual Status Report – CFD 2003-01 (Improvement Area No. 2) Attachment 17 – Resolution CFD 2004-01
Attachment 18 – Annual Status Report - CFD 2004-01
Attachment 19 – Resolution CFD 2006-01
Attachment 20 – Annual Status Report - CFD 2006-01
Attachment 21 – Resolution CFD 2006-02
Attachment 22 – Annual Status Report – CFD 2006-02
Attachment 23 – Resolution CFD 2017-01
Attachment 24 – Annual Status Report – CFD 2017-01
Attachment 25 – Resolution CFD 2018-01

2 4
4 0
Attachment 26 – Annual Status Report – CFD 2018-01
Attachment 27 – Resolution CFD 2022-01
Attachment 28 – Annual Status Report – CFD 2022-01
Attachment 29 – Resolution CFD 2022-02
Attachment 30 – Annual Status Report – CFD 2022-02
Attachment 31 – Resolution BAD 91-2
Attachment 32 – Annual Status Report – BAD 91-2

Resolution No. 2024-XXX – Page 1 of 2
ATTACHMENT 1
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT 2000 -01 (SOUTH
ETIWANDA) FOR FISCAL YEAR 2024/25

WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2000-01 (South Etiwanda) (hereinafter referred to as the "District"); and

WHEREAS, at this time, bonds were previ ously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and

WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15- 147 on August 5, 2015, previously established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and

WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting in a reduction in the debt service payable from the special t axes levied within the District.

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

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

SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2024/25 for the District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report.

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

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

A. Payment of principal of and interest on any outstanding authorized bonded indebtedness;

B. Necessary replenishment of bond reserve funds or other reserve funds;

C. Payment of costs and expenses of administering the District and any bonds of the District; and

D. Repayment of advances and loans, if appropriate.

Resolution No. 2024-XXX – Page 2 of 2

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

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

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

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

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

PASSED, APPROVED, AND ADOPTED this ________ day of ___________ 2024.

ATTACHMENT 2

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2000-01

SOUTH ETIWANDA

ANNUAL STATUS REPORT

JULY 2024

Community Facilities District No. 2000-01 1 Fiscal Year 2024/25

BACKGROUND

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

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

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

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

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

This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations. The bond is scheduled to mature in September 2025.

Community Facilities District No. 2000-01 2 Fiscal Year 2024/25
COMMUNITY FACILITIES DISTRICT NO. 2000-01

ANNUAL SPECIAL TAX
FISCAL YEAR 2024/25

Description Building Size Assigned Special Tax

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

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

3. Residential Property < 1,800 Sq Ft $241.11

COMMUNITY FACILITIES DISTRICT NO. 2000-01

PROPOSED SOURCES AND USES OF FUNDS

Fiscal Year
2024/25 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 33,270$ Interest Revenue 10
Total Proposed Sources 33,280
Uses
Debt Service
Principal Repayments 49,000
Interest Expense 2,280
Subtotal - Debt Service 51,280
Contract Services 2,000
Assessment Administration 16,250
Admin./General Overhead 470
Total Proposed Uses 70,000
Contribution to/(Use of) Fund Balance (36,720)$

Community Facilities District No. 2000-01 3 Fiscal Year 2024/25

Resolution No. 2024-XXX – Page 1 of 2
ATTACHMENT 3
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT 2000 -02 (RANCHO
CUCAMONGA CORPORATE PARK) FOR FISCAL YEAR 2024/25

WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2000- 02 (Rancho Cucamonga Corporate Park) (hereinafter referred to as the "District"); and

WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and

WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15- 148 on August 5, 2015, previously established the specific rate of the spec ial tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and

WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting in a reduction in the debt service payable from the special taxes levied within the District.

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

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

SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2024/25 for the District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report.

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

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

A. Payment of principal of and interest on any outstanding authorized bonded indebtedness;

B. Necessary replenishment of bond reserve funds or other reserve funds;

C. Payment of costs and expenses of administering the District and any bonds of the District; and

D. Repayment of advances and loans, if appropriate.

Resolution No. 2024-XXX – Page 2 of 2

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

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

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

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

SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing t he 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 ___________ 2024.

ATTACHMENT 4

CITY OF RANCHO CUCAMONGA

MELLO-ROOS COMMUNITY
FACILITIES DISTRICT NO. 2000-02

RANCHO CUCAMONGA CORPORATE PARK

ANNUAL STATUS REPORT

JULY 2024

Community Facilities District No. 2000-02 1 Fiscal Year 2024/25

BACKGROUND

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

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

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

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

Each July 1, commencing July 1, 2012 , the maximum annual special tax will be increased by two percent (2%) of the amount in effect for the previous fiscal year. The special taxes will be levied as follows: (1) The special tax will be levied on each taxable parcel in an amount equal to 100% of the applicable maximum annual special tax; or (2) If the special tax requirement will be satisfied by an amount less than the maximum annual special t ax the special tax will be levied proportionately on each taxable parcel at less than 100% of the maximum annual special tax.

For Fiscal Year 2024/25 , the current rate is sufficient to meet fiscal obligations and there is no need for an increase of the special tax by 2.0%. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations. The bond is scheduled to mature in September 2025.

Community Facilities District No. 2000-02 2 Fiscal Year 2024/25
COMMUNITY FACILITIES DISTRICT NO. 2000-02

ANNUAL SPECIAL TAX
FISCAL YEAR 2024/25

There will be no increase to the special tax for the District. The annual tax rate for Fiscal Year 2024/25 will be $3,867.90 per acre.

COMMUNITY FACILITIES DISTRICT NO. 2000-02

PROPOSED SOURCES AND USES OF FUNDS

Fiscal Year
2024/25 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 528,170$ Total Proposed Sources 528,170
Uses
Debt Service
Principal Repayments 492,000
Interest Expense 23,220
Subtotal - Debt Service 515,220
Contract Services 2,000
Assessment Administration 46,800
Admin./General Overhead 900
Total Proposed Uses 564,920
Contribution to/(Use of) Fund Balance (36,750)$

Community Facilities District No. 2000-02 3 Fiscal Year 2024/25

Resolution No. 2024-XXX – Page 1 of 2
ATTACHMENT 5
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03A (RANCHO SUMMIT) FOR FISCAL YEAR 2024/25

WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2000-03A (Rancho Summit) (hereinafter referred to as the "District"); and

WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and

WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year.

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

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

SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2024/25 for the referenced District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report.

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

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

A. Payment of principal of and interest on any outstanding authorized bonded indebtedness ;

B. Necessary replenishment of bond reserve funds or other reserve funds;

C. Payment of costs and expenses of authorized public facilities and public services ; and

D. Repayment of advances and loans, if appropriate.

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

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

Resolution No. 2024-XXX – Page 2 of 2

administrative costs incurred in collecting any said special tax.

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

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

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

PASSED, APPROVED, AND ADOPTED this _______ day of ___________ 2024.

ATTACHMENT 6

CITY OF RANCHO CUCAMONGA

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

ANNUAL STATUS REPORT

JULY 2024

Community Facilities District No. 2000-03A (Rancho Summit) . 1 Fiscal Year 2024/25

BACKGROUND

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

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

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

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

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

Community Facilities District No. 2000-03A (Rancho Summit) . 2 Fiscal Year 2024/25
COMMUNITY FACILITIES DISTRICT NO. 2000-03A

ANNUAL SPECIAL TAX
FISCAL YEAR 2024/25

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

Community Facilities District No. 2000-03A (Rancho Summit) . 3 Fiscal Year 2024/25
COMMUNITY FACILITIES DISTRICT NO. 2000-03A

PROPOSED USES AND SOURCES OF FUNDS

Fiscal Year
2024/25 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 566,120$ Total Proposed Sources 566,120
U
ses
Debt Service
Principal Repayments 329,000
I
nterest Expense 181,370
Subtotal - Debt Service 510,370
C
ontract Services 2,000
Assessment Administration 19,260
Admin./General Overhead 600
Total Proposed Uses 532,230
C
ontribution to/(Use of) Fund Balance 33,890$

Community Facilities District No. 2000-03A (Rancho Summit) . 4 Fiscal Year 2024/25

Resolution No. 2024-XXX – Page 1 of 2
ATTACHMENT 7
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF MAXIMUM SPECIAL TAX “ B” FOR COMMUNITY FACILITIES DISTRICT
NO. 2000-03 (RANCHO SUMMIT) FOR FISCAL YEAR 2024/25

WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2000-03B (Rancho Summit) (hereinafter referred to as the "District"); and

WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and

WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year.

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

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

SECTION 2: That the specific rate and amount of the Special Tax “B” to be collected for Fiscal Year 2024/25 for the District are hereby determined and established as set forth Annual Status Report to this Resolution, which is attached hereto and incorporated herein by reference.

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

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

A. Payment of costs and expenses of the operation and maintenance of authorized parks and parkways and incidental expenses pursuant to the Act;

B. Payment of an amount necessary to fund or replenish an operating reserve for the costs of the operation of authorized parks and parkways; and

C. Payment of a proportionate share of Administrative Expenses as such term is defined in the Modified Rate and Method.

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

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

Resolution No. 2024-XXX – Page 2 of 2

administrative costs incurred in collecting any said special tax.

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

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

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

PASSED, APPROVED, AND ADOPTED this _______ day of ___________ 2024.

ATTACHMENT 8

CITY OF RANCHO CUCAMONGA

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

ANNUAL STATUS REPORT

JULY 2024

Community Facilities District No. 2000-03B 1 Fiscal Year 2024/25

BACKGROUND

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

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

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

Annually on July 1, the Maximum Special Tax “B” shall be increased based on the percentage change in the Consumer Price Index, with a minimum annual increase of two percent (2.0%) and a maximum annual increase of six percent (6.0 %) per Fiscal Year.

For FY 2024/25, the current rate provides sufficient revenues to meet the District’s expenses and there is no need for an increase. The Maximum Special Tax “B” increased by 5.0% compared to FY 2023/24.

Fis cal Year CPI Rate
Maximum
Asse ssme nt pe r
EBU
Actual
Asse ssme nt pe r
EBU
2020/21 6.00% $1,470.99 $1, 470.99
2021/22 4.00% $1,529.83 $1, 529.83
2022/23 2.00% $1,560.43 $1, 560.43
2023/24 5.00% $1,638.45 $1, 560.43
2024/25 5.00% $1,720.38 $1, 560.43

Community Facilities District No. 2000-03B 2 Fiscal Year 2024/25
COMMUNITY FACILITIES DISTRICT NO. 2000-03B

ANNUAL SPECIAL TAX
FISCAL YEAR 2024/25

Land Use
Class Description Residential Floor Area
Maximum
Special Tax B
1 - 10 Residential Property <1850 Sq. Ft to => 3,450 Sq. Ft 1,720.38$

COMMUNITY FACILITIES DISTRICT NO. 2000-03B

PROPOSED SOURCES AND USES OF FUNDS

Fiscal Year
2024/25 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 561,760$ Anticipated Prior Year Delinquencies Collection 4,940
Total Proposed Sources 566,700
Uses
Personnel Services 249,650
Operations and Maintenance 27,500
Contract Services 110,960
Utilities 117,530
Assessment Administration 1,290
Admin./General Overhead 115,270
Total Proposed Uses 622,200
Contribution to/(Use of) Fund Balance (55,500)$

Community Facilities District No. 2000-03B 3 Fiscal Year 2024/25

Resolution No. 2024-XXX – Page 1 of 2
ATTACHMENT 9
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT 2001 -01
(IMPROVEMENT AREA NOS. 1 AND 2) FOR FISCAL YEAR 2024/25

WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2001-01 (Improvement Area Nos. 1 and Improvement Area No. 2) (hereinafter referred to as the "District"); and

WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and

WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of th e Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15- 149 on August 5, 2015, previously established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and

WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting in a reduction in the debt service payable from the special t axes levied within the District.

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

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

SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2024/25 for the District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report.

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

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

A. Payment of principal of and interest on any outstanding authorized bonded indebtedness;

B. Necessary replenishment of bond reserve funds or other reserve funds;

C. Payment of costs and expenses of administering the District and any bonds of the District; and

D. Repayment of advances and loans, if appropriate.

Resolution No. 2024-XXX – Page 2 of 2

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

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

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

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

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

PASSED, APPROVED, AND ADOPTED this ________ day of ___________ 2024.

ATTACHMENT 10

CITY OF RANCHO CUCAMONGA

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

ANNUAL STATUS REPORT

JULY 2024

Community Facilities District No. 2001-01 (Improvement Area No. 1 and 2) 1 Fiscal Year 2024/25

BACKGROUND

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

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

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

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

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

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

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

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

Community Facilities District No. 2001-01 (Improvement Area No. 1 and 2) 2 Fiscal Year 2024/25
COMMUNITY FACILITIES DISTRICT NO. 2001-01

ANNUAL SPECIAL TAX
FISCAL YEAR 2024/25

LA ND USE

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

LA ND USE

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

Community Facilities District No. 2001-01 (Improvement Area No. 1 and 2) 3 Fiscal Year 2024/25
COMMUNITY FACILITIES DISTRICT NO. 2001-01

PROPOSED SOURCES AND USES OF FUNDS

Fiscal Year
2024/25 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 670,450$ Total Proposed Sources 670,450
Uses
Debt Service
Principal Repayments 460,000
Interest Expense 138,920
Subtotal - Debt Service 598,920
Contract Services 2,000
Assessment Administration 55,900
Admin./General Overhead 1,090
Total Proposed Uses 657,910
Contribution to/(Use of) Fund Balance 12,540$

Community Facilities District No. 2001-01 (Improvement Area No. 1 and 2) 4 Fiscal Year 2024/25

Resolution No. 2024-XXX – Page 1 of 2
ATTACHMENT 11
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE -ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT 2001 -01
(IMPROVEMENT AREA NO. 3) FOR FISCAL YEAR 2024/25

WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District N o. 2001-01 (Improvement Area No. 3) (hereinafter referred to as the "District"); and

WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and

WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15- 150 on August 5, 2015, previously established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and

WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting in a reduction in the debt service payable from the special t axes levied within the District.

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

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

SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2024/25 for the District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report.

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

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

A. Payment of principal of and interest on any outstanding authorized bonded indebtedness;

B. Necessary replenishment of bond reserve funds or other reserve funds;

C. Payment of costs and expenses of administering the District and any bonds of the District; and

D. Repayment of advances and loans, if appropriate.

Resolution No. 2024-XXX – Page 2 of 2

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

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

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

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

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

PASSED, APPROVED, AND ADOPTED this _______ day of ___________ 2024.

ATTACHMENT 12

CITY OF RANCHO CUCAMONGA

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

ANNUAL STATUS REPORT

JULY 2024

Community Facilities District No. 2001-01 (Improvement Area 3) Fiscal Year 2024/25
1 BACKGROUND

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

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

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

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

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

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

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

Community Facilities District No. 2001-01 (Improvement Area 3) Fiscal Year 2024/25
2 COMMUNITY FACILITIES DISTRICT NO. 2001-01

ANNUAL SPECIAL TAX
FISCAL YEAR 2024/25

T AXAB LE

AC R EAG E BOND SHA RE ASSIGNED TAX

PER A CRE
ZONE 7-LEGGIO 37.48 8.30% $1, 640.00

COMMUNITY FACILITIES DISTRICT NO. 2001-01

PROPOSED SOURCES AND USES OF FUNDS

Fiscal Year
2024/25 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 61,470$ Total Proposed Sources 61,470
U
ses
Debt Service
Principal Repayments 44,000
I
nterest Expense 13,460
Subtotal - Debt Service 57,460
A
dmin./General Overhead 100
Total Proposed Uses 59,560
C
ontribution to/(Use of) Fund Balance 1,910$

Community Facilities District No. 2001-01 (Improvement Area 3) Fiscal Year 2024/25
3

Resolution No. 2024-XXX – Page 1 of 2
ATTACHMENT 13
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX RATE FOR COMMUNITY FACILITIES DISTRICT 2003-01
(IMPROVEMENT AREA NO. 1) FOR FISCAL YEAR 2024/25

WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2003-01 (Improvement Area No. 1) (hereinafter referred to as the "District"); and

WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and

WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year.

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

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

SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2024/25 for the referenced District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report.

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

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

A. Payment of principal of and interest on any outstanding authorized bonded indebtedness;

B. Necessary replenishment of bond reserve funds or other reserve funds;

C. Payment of costs and expenses of authorized public facilities and public services; and

D. Repayment of advances and loans, if appropriate.

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

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

Resolution No. 2024-XXX – Page 2 of 2

cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

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

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

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

PASSED, APPROVED, AND ADOPTED this _______ day of _____________ 2024.

ATTACHMENT 14

CITY OF RANCHO CUCAMONGA

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

ANNUAL STATUS REPORT

JULY 2024

Community Facilities District No. 2003-01 (Improvement Area No. 1) Fiscal Year 2024/25
1 BACKGROUND

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

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

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

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

The rates for the District will increase by 2 .0 % in Fiscal Year 20 24/25 to meet fiscal obligations for the District. The special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations.

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

Community Facilities District No. 2003-01 (Improvement Area No. 1) Fiscal Year 2024/25
2 COMMUNITY FACILITIES DISTRICT NO. 2003-01
(IMPROVEMENT AREA NO. 1)

Annual Special Tax Fiscal Year 2024/25

ASSIGNED

SPECIAL TAX
(per acre)

BA CKUP

SPECIAL TAX
(per acre) NOTE
ZONE 1

DEVELOPED

PROPERTY
$6,593.02 $7,272.17
Both Assigned and Backup
can increase 2% every year
ZONE 1

UNDEVELOPED

PROPERTY
$0.00 $7,272.17
Backup can increase 2%
every year
ZONE 2

DEVELOPED

PROPERTY
$11,926.99 $61,122.28
Both Assigned and Backup
can increase 2% every year
ZONE 2

UNDEVELOPED

PROPERTY
$0.00 $19,426.30
Backup can increase 2%
every year
ZONE 3

DEVELOPED

PROPERTY
$11,145.24 $17,298.31
Both Assigned and Backup
can increase 2% every year
ZONE 3

UNDEVELOPED

PROPERTY
$0.00 $17,298.31
Backup can increase 2%
every year

Proposed Sources and Uses of Funds

Fiscal Year
2024/25 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 1,274,850$ Total Proposed Sources 1,274,850
U
ses
Debt Service
Principal Repayments 670,000
Interest Expense 504,190
Subtotal - Debt Service 1,174,190
C
ontract Services 2,000
Assessment Administration 23,910
Admin./General Overhead 910
Total Proposed Uses 1,201,010
C
ontribution to/(Use of) Fund Balance 73,840$

Community Facilities District No. 2003-01 (Improvement Area No. 1) Fiscal Year 2024/25
3

Resolution No. 2024-XXX – Page 1 of 2
ATTACHMENT 15
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT 2 003-01
(IMPROVEMENT AREA NO. 2) FOR FISCAL YEAR 2024/25

WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District N o. 2003-01 (Improvement Area No. 2) (hereinafter referred to as the "District"); and

WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and

WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year.

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

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

SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Y ear 2024/25 for the referenced D istrict are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report.

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

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

A. Payment of principal of and interest on any outstanding authorized bonded indebtedness;

B. Necessary replenishment of bond reserve funds or other reserve funds;

C. Payment of costs and expenses of authorized public facilities and public services; and

D. Repayment of advances and loans, if appropriate.

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

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

Resolution No. 2024-XXX – Page 2 of 2

cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

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

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

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

PASSED, APPROVED, AND ADOPTED this _______ day of _________2024.

ATTACHMENT 16

CITY OF RANCHO CUCAMONGA

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

ANNUAL STATUS REPORT

JULY 2024

Community Facilities District No. 2003-01 (Improvement Area 2) Fiscal Year 2024/25
1 BACKGROUND

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

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

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

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

The rates for the District will increase by 2.0 % in Fiscal Year 20 24/25 to meet fiscal obligations for the District. The special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations.

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

Community Facilities District No. 2003-01 (Improvement Area 2) Fiscal Year 2024/25
2 COMMUNITY FACILITIES DISTRICT NO. 2003-01
(IMPROVEMENT AREA NO. 2)

Annual Special Tax Fiscal Year 2024/25

ASSIGNED

SPECIAL TAX
(per acre)

BA CKUP

SPECIAL TAX
(per acre) NOTE
ZONE 1

DEVELOPED
PROPERTY $2,649.35 $4,713.73
Both Assigned and
Backup can
increase 2% every
year
ZONE 1

UNDEVELOPED
PROPERTY $0.00 $4,713.73
Backup can
increase 2% every
year
ZONE 2

DEVELOPED
PROPERTY $8,051.93 $14,282.13
g
Backup can
increase 2% every
year
ZONE 2

UNDEVELOPED

PROPERTY
$0.00 $14,282.13
Backup can
increase 2% every
year

Proposed Sources and Uses of Funds

Fiscal Year
2024/25 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 217,620$ Total Proposed Sources 217,620
Uses
Debt Service:

Principal Repayments 137,000
Interest Expense 79,550
Subtotal - Debt Service 216,550
Contract Services 2,500
Assessment Administration 5,960
Admin./General Overhead 280
Total Proposed Uses 225,290
Contribution to/(Use of) Fund Balance (7,670)$

Community Facilities District No. 2003-01 (Improvement Area 2) Fiscal Year 2024/25
3

Resolution No. 2024-XXX – Page 1 of 2
ATTACHMENT 17
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT 2004-01 (RANCHO
ETIWANDA ESTATES) FOR FISCAL YEAR 2024/25

WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (hereinafter referred to as the "District"); and

WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and

WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year.

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

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

SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2024/25 for the referenced District is hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report.

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

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

A. Payment of principal of and interest on any outstanding authorized bonded indebtedness ;

B. Necessary replenishment of bond reserve funds or other reserve funds;

C. Payment of costs and expenses of authorized public facilities and public services ; and

D. Repayment of advances and loans, if appropriate.

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

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

Resolution No. 2024-XXX – Page 2 of 2

administrative costs incurred in collecting any said special tax.

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

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

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

PASSED, APPROVED, AND ADOPTED this _______ day of ___________ 2024.

ATTACHMENT 18

CITY OF RANCHO CUCAMONGA

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

ANNUAL STATUS REPORT

JULY 2024

Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Fiscal Year 2024/25
1 BACKGROUND

On September 15, 2004, an election was held and the property owners within the boundary of Community Facilities District No. 2004- 01 (the “District ”) authorized the District to incur bonded indebtedness in the maximum principal amount of $45,000,000.

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

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

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

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

Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Fiscal Year 2024/25
2 COMMUNITY FACILITIES DISTRICT NO. 2004-01
(RANCHO ETIWANDA ESTATES)

Term of Special Tax

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

Annual Special Tax for FY 2024/25

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

Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Fiscal Year 2024/25
3 COMMUNITY FACILITIES DISTRICT NO. 2004-01
(RANCHO ETIWANDA ESTATES)

Proposed Sources and Uses of Funds

Fiscal Year
2024/25 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 2,350,660$ Interest Revenue 20
Total Proposed Sources 2,350,680
Uses
Debt Service
Principal Repayments 1,387,000
Interest Expense 950,740
Subtotal - Debt Service 2,337,740
Contract Services 2,000
Assessment Administration 18,770
Admin./General Overhead 1,820
Total Proposed Uses 2,360,330
Contribution to/(Use of) Fund Balance (9,650)$

Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Fiscal Year 2024/25
4

Resolution No. 2024-XXX – Page 1 of 2
ATTACHMENT 19
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01
(VINTNER’S GROVE) FOR FISCAL YEAR 2024/25

WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 2006-01 (Vintner’s Grove) (hereinafter referred to as the "District"); and

WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and

WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15- 151 on August 5, 2015, established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and

WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting in a reduction in the debt service payable from the special taxes levied within the District; and

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

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

SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2024/25 for the District are hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report.

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

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

A. Payment of principal of and interest on any outstanding authorized bonded indebtedness;

B. Necessary replenishment of bond reserve funds or other reserve funds;

C. Payment of costs and expenses of administering the District and any bonds of the District; and

D. Repayment of advances and loans, if appropriate.

Resolution No. 2024-XXX – Page 2 of 2

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

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

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

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

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

PASSED, APPROVED, AND ADOPTED this _______ day of ____________ 2024.

ATTACHMENT 20

CITY OF RANCHO CUCAMONGA

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

ANNUAL STATUS REPORT

JULY 2024

Community Facilities District No. 2006-01 (Vintner’s Grove) Fiscal Year 2024/25
1 BACKGROUND

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

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

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

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

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

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

Community Facilities District No. 2006-01 (Vintner’s Grove) Fiscal Year 2024/25
2 COMMUNITY FACILITIES DISTRICT NO. 2006-01
(VINTNER’S GROVE)

Annual Special Tax for Fiscal Year 2024/25

Floor Plan Home Size (Sq. Ft.) Number of Units Special Tax Tri-Plex Plan 1 1,335 26 $1,444.32
Tri-Plex Plan 2 1,803 26 $1,664.32
Tri-Plex Plan 3 1,920 26 $1,723.98
SFD Plan 4 2,188 28 $1,932.18
SFD Plan 5 2,627 28 $2,099.98
SFD Plan 6 3,173 22 $2,291.39

Proposed Sources and Uses of Funds

Fiscal Year
2024/25 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 288,960$ Anticipated Prior Year Delinquencies Collection 10
Total Proposed Sources 288,970
Uses
Debt Service
Principal Repayments 152,000
Interest Expense 102,630
Subtotal - Debt Service 254,630
Contract Services 2,000
Assessment Administration 12,100
Admin./General Overhead 570
Total Proposed Uses 269,300
Contribution to/(Use of) Fund Balance 19,670$

Community Facilities District No. 2006-01 (Vintner’s Grove) Fiscal Year 2024/25
3

Resolution No. 2024-XXX – Page 1 of 2
ATTACHMENT 21
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT 2006-02 (AMADOR ON ROUTE 66) FOR FISCAL YEAR 2024/25

WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Comm unity Facilities District shall hereinafter be referred to as Community Facilities District No. 2006-02 (Amador on Route 66) (hereinafter referred to as the "District"); and

WHEREAS, at this time, bonds were previously issued for purposes of financing the project facilities for said District (the “Prior Special Tax Bonds”); and

WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for c osts and expenses related to said District, and this legislative body, by the adoption of Resolution No. 15- 152 on August 5, 2015, established the specific rate of the special tax to be collected for the fiscal year based, in part, upon the debt service payable on the Prior Special Tax Bonds; and

WHEREAS, on July 30, 2015, special tax refunding bonds were issued by the District to refund the Prior Special Tax Bonds resulting a reduction in the debt service payable from the special t axes levied within the District.

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

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

SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for Fiscal Year 2024/25 for the District is hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report.

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

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

A. Payment of principal of and interest on any outstanding authorized bonded indebtedness;

B. Necessary replenishment of bond reserve funds or other reserve funds;

C. Payment of costs and expenses of administering the District and any bonds of the District; and

D. Repayment of advances and loans, if appropriate.

Resolution No. 2024-XXX – Page 2 of 2

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

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

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

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

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

PASSED, APPROVED, AND ADOPTED this ________ day of _________ 2024.

ATTACHMENT 22

CITY OF RANCHO CUCAMONGA

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

ANNUAL STATUS REPORT

JULY 2024

Community Facilities District No. 2006-02 (Amador on Route 66) Fiscal Year 2024/25
1 BACKGROUND

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

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

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

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

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

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

Community Facilities District No. 2006-02 (Amador on Route 66) Fiscal Year 2024/25
2 COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66)

Annual Special Tax Fiscal Year 2024/25

Land Use
Class Description Residential Floor Area Residential Floor Area 1 Single Family Detached Property >1,850 Sq. Ft. $ 2,015.67/DU 2 Single Family Detached Property 1,601 - 1,850 Sq. Ft. $ 1,930.49/DU 3 Single Family Detached Property 1,351 - 1,600 Sq. Ft. $ 1,767.29/DU 4 Single Family Detached Property <1,351 $ 1,604.09/DU
5 Non-Residential Property N/A $ 46,345.26/ACRE

Proposed Sources and Uses of Funds

Fiscal Year
2024/25 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 183, 160$ Total Proposed Sources 183,160
Uses
Debt Service
Principal Repayments 94,000
Interest Expense 60,730
Subtotal - Debt Service 154,730
Contract Services 2,000
Assessment Administration 12,110
Admin./General Overhead 520
Total Proposed Uses 169,360
Contribution to/(Use of) Fund Balance 13,800$

Community Facilities District No. 2006-02 (Amador on Route 66) Fiscal Year 2024/25
3

Resolution No. 2024-XXX – Page 1 of 2
ATTACHMENT 23
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX FOR NORTH ETIWANDA COMMUNITY FACILITIES DISTRICT NO. 2017-01 OF THE CITY OF RANCHO CUCAMONGA FOR FISCAL YEAR 2024/25

WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as North Etiwanda Community Facilities District No. 2017-01 of the City of Rancho Cucamonga (hereinafter referred to as the "District"); and

WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to the maintenance of certain improvements by the District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year; and

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

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

SECTION 2: That the specific rate and amount of the special tax to be collected for Fiscal Year 2024/25 for the District are hereby determined and established as set forth Annual Status Report to this Resolution, which is attached hereto and incorporated herein by reference.

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

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

A. Payment of costs and expenses of the operation, maintenance, and servicing of authorized services pursuant to the Act;

B. Payment of an amount necessary to fund or replenish an operating or capital reserve for the District; and

C. Payment of a proportionate share of Administrative Expenses as such term is defined in the Amended Rate and Method.

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

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

Resolution No. 2024-XXX – Page 2 of 2

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

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

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

PASSED, APPROVED, AND ADOPTED this _______ day of _____________ 2024.

ATTACHMENT 24

CITY OF RANCHO CUCAMONGA

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

ANNUAL STATUS REPORT

JULY 2024

Community Facilities District No. 2017-01 (North Etiwanda) 1 Fiscal Year 2024/25

BACKGROUND

On May 2, 2018, the City Council approved Resolution No. 18-029, and established North Etiwanda Community Facilities District No. 20 17-01, (the “District”). On May 2, 2018, the qualified electors of the District, being the owners of the land within the District, voted to approve the levy of a special tax to pay for certain public services and the administering of such District. On May 16, 2018, the City Council adopted Ordinance No. 928 approving the levy of the special tax.

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

On, July 1 of each Fiscal Year, commencing on July 1, 20 19, the Maximum Annual Special Tax set forth in the table below shall be increased by a minimum of two percent (2%) to a maximum annual increase of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement.

Community Facilities District No. 2017-01 (North Etiwanda) 2 Fiscal Year 2024/25
COMMUNITY FACILITIES DISTRICT NO. 2017-01
(NORTH ETIWANDA)

Maximum Special Tax

Fiscal Year
Percentage
Rate Property Description
Maximum Annual
Special Tax
Residential Property 979.52
Undeveloped Property 2,379.52
Residential Property 999.11
Undeveloped Property 2,427.11
Residential Property 1,019.09
Undeveloped Property 2,475.65
Residential Property 1,070.05
Undeveloped Property 2,599.43
Residential Property 1,123.55
Undeveloped Property 2,729.40

6.00%

2.00%
2020/21
2021/22
2024/25 5.00%
2023/24 5.00%
2022/23 2.00%

Annual Special Tax

Property Land Use
Residential Property $0.00 Per Single Family Residence
Non-Residential Property 0.00 Per Acre
Undeveloped Property 20.00 Per Acre
Actual Annual Special Tax
Fiscal Year 2024/25

Proposed Sources and Uses of Funds

Fiscal Year
2024/25 Budget
Sources
Taxes:

Estimated Assessments, Net of Estimated Delinquencies 3,020$ Total Proposed Sources 3,020
U
ses
Assessment Administration 1,200
Admin./General Overhead 50
Total Proposed Uses 1,250
C
ontribution to/(Use of) Fund Balance 1,770$

Community Facilities District No. 2017-01 (North Etiwanda) 3 Fiscal Year 2024/25

Resolution No. 2024-XXX – Page 1 of 2
ATTACHMENT 25
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL

TAX FOR THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA FOR FISCAL YEAR 2024/25

WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as The Resort at Empire Lakes Community Facilities District No. 2018- 01 of the City of Rancho Cucamonga (hereinafter referred to as the "District"); and

WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to the maintenance of certain improvements by the City, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year; and

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

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

SECTION 2: That the specific rate and amount of special tax to be collected for Fiscal Year 2024/25 for the District are hereby determined and established as set forth Annual Status Report to this Resolution, which is attached hereto and incorporated herein by reference.

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

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

A. Payment of costs and expenses of the operation, maintenance, and servicing of authorized services pursuant to the Act;

B. Payment of an amount necessary to fund or replenish an operating or capital reserve for the District; and

C. Payment of a proportionate share of Administrative Expenses as such term is defined in the Rate and Method.

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

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