Agenda packet, regular meeting — Rancho Cucamonga City Council, October 2, 2024 (part 1 of 2)

CITY COUNCIL VISION STATEMENT
“Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by building on our foundation and success as a world class community.”

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Mayor
L. Dennis Michael

Mayor Pro Tem
Lynne B. Kennedy

Members of the City
Council:

Ryan A. Hutchison
Kristine D. Scott
Ashley Stickler

CITY OF RANCHO CUCAMONGA

REGULAR MEETING AGENDA
October 2, 2024
10500 Civic Center Drive
Rancho Cucamonga, CA 91730

FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY- SUCCESSOR AGENCY –

PUBLIC FINANCE AUTHORITY

CLOSED SESSION

REGULAR MEETINGS

TAPIA CONFERENCE ROOM

COUNCIL CHAMBERS
4:30 P.M.
7:00 P.M.

The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It is the intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at https://www.cityofrc.us/your-government/city-council-agendas or by contacting the City Clerk Services Department at 909-774-2023. Live Broadcast available on Channel 3 (RCTV-3). For City Council Rules of Decorum refer to Resolution No. 2023-086.

Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution of the agenda packet will be made available in the City Clerk Services Department during normal business hours at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will be posted on the City’s website at https://www.cityofrc.us/your-government/city-council-agendas.

CLOSED SESSION – 4:30 P.M.

TAPIA CONFERENCE ROOM

ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler

A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)

B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)

C. CITY MANAGER ANNOUNCEMENTS

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D. CONDUCT OF CLOSED SESSION

D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DIRECTOR OF HUMAN RESOURCES,

MATT BURRIS, DEPUTY CITY MANAGER/ECONOMIC AND COMMUNITY DEVELOPMENT AND JULIE SOWLES, DEPUTY CITY MANAGER/CIVIC AND CULTURAL SERVICES; PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA). (CITY)

D2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. D/B/A ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. (CITY)

D3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE:

CITY MANAGER) (CITY)

E. RECESS

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REGULAR MEETING – 7:00 P.M.

COUNCIL CHAMBERS

PLEDGE OF ALLEGIANCE

ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler

A. AMENDMENTS TO THE AGENDA

B. ANNOUNCEMENTS / PRESENTATIONS

B1. Presentation of a Proclamation to Chris Holden, Outgoing Assembly Member for the State of California 41st District.

B2. Presentation of Recognition for 2024 Paralympian, Arelle Middleton.

B3. Presentation of a Proclamation to Chaffey College's Industrial Technical Learning Center (InTech) Declaring the Month of October 2024 as Manufacturing Month.

C. PUBLIC COMMUNICATIONS

This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits us from addressing any issue not on the Agenda. Testimony may be received and referred to staff or scheduled for a future meeting.

Comments are to be limited to three (3) minutes per individual. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, disorderly or boisterous conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting. For more information, refer to the City Council Rules of Decorum and Order (Resolution No. 2023-086) located in the back of the Council Chambers.

The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.

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CONSENT CALENDARS:

The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.

Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.

D. CONSENT CALENDAR

D1. Consideration of Meeting Minutes for Adjourned Regular Meetings of September 17, 2024.

D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,381,613.32 and City and Fire District Weekly Check Registers (No Checks for City Issued to Southern California Gas Company) in the Total Amount of $3,757,775.08 Dated September 11, 2024, Through September 22, 2024. (CITY/FIRE)

D3. Consideration to Approve Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $295.21 Dated September 11, 2024, Through September 22, 2024. (CITY/FIRE)

D4. Consideration of the Proposed Changes to the Naming of Parks and Facilities Policy. (CITY)

D5. Consideration to Receive and File Current Investment Schedules as of August 31, 2024, for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)

D6. Consideration of an Amended Joint Use Agreement Between the City of Rancho Cucamonga and the Chaffey Joint Union High School District for the Use of School District Sports Fields. (CITY)

D7. Consideration of the Purchase of Electrical Supplies in an Amount Not to Exceed $200,000 from Consolidated Electrical Distributors During FY 24/25 and $100,000 through December 31, 2025. (CITY/FIRE)

D8. Consideration to Approve a Cooperative Agreement Between the City of Rancho Cucamonga and Cucamonga Valley Water District for the Approved Wildfire Early Detection System Project; and Authorization to Appropriate $333,850 for the FIREBird Wildfire Detection Device System. (CITY)

D9. Consideration to Approve a Single-Source Procurement and Execute a Professional Services Agreement with Entrust Solutions Group in an Amount Not-To-Exceed $120,000 for the Necessary Design, Engineering, Permitting, Plan Review, and Project Management for the Distribution of the Fiber Optic Network as Part of the City’s Fiber Optic Master Plan. (CITY)

D10. Consideration to Approve the Emergency Replacement of the Fire Alarm Monitoring System at the Quakes Stadium and to Approve Amendment No. 01 to Contract No. 2024-124 with Enko Systems, Inc. for Citywide Fire Alarm Monitoring, Maintenance, and Repair Services in an Amount Not to Exceed $250,000 for City and Fire District Facilities for FY 2024/2025. (CITY/FIRE)

D11. Consideration of a Contract with American Power Systems, LLC in the Amount of $51,468, Plus a 10% Contingency and an Appropriation of Funds in the Amount of $56,615 from the Municipal Utility Fund (Fund 705) for the Substation Maintenance. (CITY)

D12. Consideration to Accept Public Improvements Located at the Southwest Corner of Arrow Route and Pecan Avenue in the General Industrial District per Improvement Agreement, Related to DRC2016-00270 and DRC2018-00183, as Complete, File a Notice of Completion, and Authorize the Release of Bonds. (CITY)

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D13. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2023/24 Local Slurry Seal Pavement Rehabilitation Project. (CITY)

D14. Consideration to Approve and Adopt Resolutions Certifying the Results of Elections and Adding Annexation Nos. 2024-12, 2024-13, 2024-14, and 2024-15 to Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga. (RESOLUTION NOS. 2024-097, 2024-098, 2024-099 AND 2024- 100) (CITY)

E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION

F. ADMINISTRATIVE HEARING ITEM(S)

G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT

G1. Public Hearing for Consideration of First Reading of Ordinance No. 1031, to be Read by Title Only and Waive Further Reading Amending Title 17 of the Rancho Cucamonga Municipal Code Establishing Battery Energy Storage Facilities as a Use Permitted with a Conditional Use Permit for Properties Located in the Neo-Industrial (NI) and Industrial Employment (IE) Zones, Amending Sections 17.22.020 Establishing a Master Plan Requirement, 17.30.030 Updating the Land Use and Permit Requirements by Base Zone Table, 17.32.020 Adding Land Use Definitions, 17.140.020 Adding Definitions and Adding Chapter 17.109 Establishing Development and Operational Standards for Battery Energy Storage Facilities. This Item is Exempt from the California Environmental Quality Act, Pursuant to State CEQA Guidelines Section 15061(B)(3). (ORDINANCE NO. 1031) (CITY)

G2. Public Hearing for Consideration of a Resolution Adopting By Reference the Standard Conflict of Interest Provisions of California Code of Regulations Title 2, Section 18730 and Approving an Amended Appendix I, to Account for the Addition, Deletion and Modification of Positions Listed as "Designated Positions". (RESOLUTION NO. 2024-101) (CITY)

G3. Public Hearing for Consideration of a Resolution Adopting By Reference the Standard Conflict of Interest Provisions of California Code of Regulations Title 2, Section 18730 and Approving an Amended Appendix I, to Account for the Addition of Two Positions Listed Under "Designated Positions". (RESOLUTION NO. FD 2024- 024) (FIRE)

H. CITY MANAGER'S STAFF REPORT(S)

H1. Consideration to Approve the Addition of One Fire Safety Position for Implementation of the Community Outreach and Support Team (COAST). (CITY/FIRE)

H2. Consideration of an Agreement for Ground Ambulance Services with Consolidated Fire Agencies (CONFIRE). (FIRE)

H3. Consideration of Resolution No. 2024-096, a Resolution in Support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act. (RESOLUTION NO. 2024-096) (CITY)

H4. Consideration of Resolution No. SA 2024-001 of the Successor Agency to the Rancho Cucamonga Redevelopment Agency, Approving the Issuance of Refunding Bonds in Order to Refund Certain of its Outstanding Bonds, Approving the Execution and Delivery of a Seventh Supplemental Indenture Relating Thereto, Requesting Oversight Board Approval of the Issuance of the Refunding Bonds, Requesting Certain Determinations by the Oversight Board, and Providing for Other Matters Properly Relating Thereto. (RESOLUTION NO. SA 2024-001) (CITY/SUCCESSOR AGENCY)

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I. COUNCIL BUSINESS

I1. COUNCIL ANNOUNCEMENTS

(Comments to be limited to three minutes per Council Member.)

I2. INTERAGENCY UPDATES

(Update by the City Council to the community on the meetings that were attended.)

J. CITY ATTORNEY ITEMS

K. IDENTIFICATION OF ITEMS FOR NEXT MEETING

L. ADJOURNMENT - Adjourn to Tuesday, October 15, 2024, at 7:00 p.m.

CERTIFICATION
I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted at least seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website.

LINDA A. TROYAN, MMC

CITY CLERK SERVICES DIRECTOR

If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 774-2023. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.

CITY OF RANCHO CUCAMONGA

FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY,

PUBLIC FINANCE AUTHORITY AND CITY COUNCIL ADJOURNED REGULAR MEETINGS MINUTES

The City Council of the City of Rancho Cucamonga held a Closed Session on Tuesday, September 17, 2024, in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California.

Mayor Michael called the meeting to order at 5:00 PM.

Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael.

Also present were: John Gillison, City Manager; Elisa Cox, Assistant City Manager; Nicholas Ghirelli, City Attorney; Matt Burris, Deputy City Manager/Economic and Community Development and Julie Sowles, Deputy City Manager/Civic and Cultural Services.

A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)

B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)

C. CITY MANAGER ANNOUNCEMENTS

D. CONDUCT OF CLOSED SESSION

D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DIRECTOR OF HUMAN

RESOURCES, MATT BURRIS, DEPUTY CITY MANAGER/ECONOMIC AND COMMUNITY

DEVELOPMENT AND JULIE SOWLES, DEPUTY CITY MANAGER/CIVIC AND CULTURAL SERVICES; PER GOVERNMENT CODE SECTION 54954.2 REGA RDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA). (CITY)

D2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER)

E. RECESS
The closed session recessed at 6:00 p.m.

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The Adjourned Regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held on Tuesday, September 17, 2024, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 PM.

Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael.

Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Linda A. Troyan, MMC, City Clerk Services Director.

Mayor Pro Tem Kennedy led the Pledge of Allegiance.

Mayor Michael announced that due to technical difficulties roll call votes would be conducted by the City Clerk for all action items and there would be no timer to display. He informed City Clerk staff would provide a one-minute warning before a speaker’s time is up during public communications.

A. AMENDMENTS TO THE AGENDA

City Clerk Services Director Troyan announced there was a change to item D 12 on the Consent Calendar, Resolution No. 2024-095 was removed. She informed a revised Staff Report was distributed to the City Council and made available for the public.

B. ANNOUNCEMENTS / PRESENTATIONS

B1. Presentation of a Proclamation Declaring September 2024 as Senior Center Month.

Mayor Michael and Members of the City Council presented a Proclamation to Celeste Medrano, Community Services Supervisor and declared September 2024 as Senior Center Month . Community Services Supervisor Medrano invited the community to attend the 2024 Health & Wellness Fair, on Thursday, September 26th from 8:00 a.m. to 11:00 a.m.

B2. Presentation of a Proclamation to the Church of Jesus Christ of Latter -Day Saints Declaring September 14, 2024 as National Day of Service.

Public Works Services Director Martin spoke about a recent service project partnership between the Public Works Services Department and the Church of Jesus Christ of Latter -Day Saints to honor National Day of Service. He thanked the Church and volunteers for their work in beautifying, re-mulching and cleaning up the Route 66 Cucamonga Trail Head. Church of Jesus Latter-Day Saints Communications Director Jenson, thanked the City for the partnership and the community for a successful event and turn out of over 100 volunteers. Mayor Michael and Members of the City Council presented a Proclamation to Marc Smith, President, and Leslie Jenson, Communications Director, from the Church of Jesus Latter -Day Saints and declared September 14, 2024 as National Day of Service.

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B3. Announcement of the Rancho Cucamonga Fire Protection District Joining the San Bernardino County’s Rescue Task Force Team 6.

Deputy Fire Chief Barreda and Battalion Chief Bicondova from the Rancho Cucamonga Fire Protection District, provided a PowerPoint presentation about joining the San Bernardino County’s Rescue Task Force Team 6. They provided information and listed the benefits the partnership will bring to the region and the community.

Mayor Pro Tem Kennedy asked if the team would be a stand-alone team if deployed during an incident and if the quarterly trainings of the Task Force Team 6 would be brought back to the Rancho Cucamonga Fire Protection District.

Battalion Chief Bicondova responded deployment would depend on the magnitude of the incident and affirmed trainings by the Task Force Team 6 would be brought back to enhance the Rancho Cucamonga Fire Protection District’s skills.

Mayor Michael commended the Rancho Cucamonga Fire Protection District ’s highly skilled personnel, shared his support for joining the San Bernardino County’s Rescue Task Force Team 6 and asked if Task Force Team 6 would use the City’s vehicles/Fire Engines or if the County would provide vehicles for the Task Force Team 6 when deployed to assist with incidents.

Deputy Fire Chief Barreda replied Task Force Team 6 would use the City’s vehicles/Fire Engines when responding to incidents and thanked the City Council for their support.

C. PUBLIC COMMUNICATIONS

Steven A. Lacy, 2024 General Municipal Election Candidate for position of Member of the City Council, District No. 04, spoke about ethical campaigning, political signs, rules and regulations of temporary political signs and provided related articles.

Kennan O’ Connor, spoke of rules and regulation s of temporary political signs , oversized political signs, and political signs being removed and replaced with opponent signs.

Phillip E. Walker invited the Mayor and City Council to attend an upcoming Indigenous Film Retreat on October 14, 2024 to join a discussion about Juneteenth and spoke about the debut of a short film named Hapless Revenge.

City Manager Gillison, addressed comments made during public communications and informed that the City has a process to remove temporary political signs that violate the City’s sign regulations. He stated that as of Friday, September 13, 2024, the City pulled 55 political signs and 15 -20 non-political signs from different candidates. He informed that signs removed by the City can be picked up by candidates at the Public Works Service Center and be reposted. He specified that signs have generally been removed because they were located in the clear view triangle area blocking views or property owners reporting the signs being placed without their permission. Mr. Gillison noted there has been confusion between the allowed size of signs on public and private property and in the right-of-way. He informed signs on private properties are allowed to be 32 square feet or 4 feet by 8 feet. He noted that there were some signs that were larger than 4 feet by 8 feet and that the City contacted the candidates to provide them the option to take the sign down or re-size/adjust the signs to the allowed dimensions. Lastly, Mr. Gillison informed the community about the City ’s process and the option for residents to file a police report with the Rancho Cucamonga Police Department, who would investigate and act accordingly.

In response to Mayor Micha el, City Manager Gillison informed removed political signs by the City may be retrieved at the City of Rancho Cucamonga Public Works Service Center located at 8794 Lion St, Rancho Cucamonga, CA 91730 , open Monday through Thursday, from 7:00 a.m. to 6:00 p.m . Mr. Gillison noted

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September 17, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Adjourned Regular Meetings Minutes City of Rancho Cucamonga | Page 4 of 7
that candidates are welcomed to call Public Works at (909) 477 -2730 to arrange a pickup time or call Community Improvement staff at (909) 774-2712 to arrange a pickup time outside of normal business hours.

D. CONSENT CALENDAR

Council Member Scott announced that she will need to abstain on item D3, due to a potential conflict of interest as her employer is Southern California Gas Company.

D1. Consideration of Meeting Minutes for Regular Meetings of September 4, 2024.

D2. Consideration to Approve City and Fire District Bi -Weekly Payroll in the Total Amount of $2,400,641.96 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $5,399,838.12 Dated August 26, 2024 Through September 10, 2024. (CITY/FIRE)

D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $12,454.54 Dated August 26, 2024, Through September 10, 2024. (CITY/FIRE)

D4. Consideration of an Appropriation in the Amount of $120,000 from the Animal Center Impact Fee (125) for the Animal Center’s Office Reconfiguration Project. (CITY)

D5. Consideration of Composition Purchase Agreement with Tony Lucca and Keaton Simons for Commission and Professional Production of an Original Song in an Amount Not to Exceed $25,000. (CITY)

D6. Consideration to Accept the Pedestrian and Bicycle Safety Program Grant Revenue in the Amount of $200,000, Funded by the National Highway Traffic Safety Administration (NHSTA) and Administered by the California Office of Traffic Safety (OTS) for Federal Fiscal Year 2025; and Authorization to Appropriate $200,000 From the Federal Grant Fund ( Fund 275) for Approved Grant Expenses. (CITY)

D7. Consideration to Approve Professional Services Agreements for Network Support from Triden Group and Sidepath Inc., not to Exceed the Amount of $150,000. (CITY)

D8. Consideration of a Professional Services Agreement with the Rancho Cucamonga Chamber of Commerce for Economic Development Services in the Amount of $60,000. (CITY)

D9. Consideration of Amendment No. 14 to the Agreement with Pacific Utility Installation, Inc. (CO19-085) in the Amount of $130,000 for Electrical Cabling and Preventative Security Measures and Appropriations Totaling $209,780 from the Municipal Utility Fund. (CITY)

D10. Consideration of a Resolution Adopting the Measure I Five -Year Capital Projects Needs Analysis Covering Fiscal Years 2025/26 Through 2029/30. (RESOLUTION NO. 2024 - 092) (CITY)

D11. Consideration of Resolution Authorizing the Attestation of Veracity for the Rancho Cucamonga Municipal Utility 2023 Power Source Disclosure Annual Report and Power Content Label. (RESOLUTION NO. 2024-093) (CITY)

D12. Consideration to Approve a Resolution Adopting an Amendment to the Rancho Cucamonga Management Association Salary Schedule for Fiscal Year 2024-2025. (Resolution No. 2024- 094); and, Consideration to Approve a Resolution Adopting a Side Letter Agreement

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Between the City of Rancho Cucamonga and the Executive Management Group. (RESOLUTION NO. 2024-094 AND RESOLUTION NO. 2024-095) (CITY)

MOTION: Moved by Council Member Stickler, seconded by Council Member Hutchison, to approve Consent Calendar Items D1 through D12, with the revised staff report for item D12 and Council Member Scott abstaining on item D3. Motion carried 5-0.

E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION

None.

F. ADMINISTRATIVE HEARING ITEM(S)

F1. Discussion and Action to Introduce, Waive Reading of, and Adopt by a Four -fifths Vote, Interim Urgency Ordinance No. 1030, to be Read by Title Only, and Waive Further Reading, Prohibiting Home Experience Sharing Uses, and Declaring the Urgency Thereof, and Adopting Finding Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith. (INTERIM URGENCY ORDINANCE NO. 1030) (CITY)

John Gillison, City Manager, introduced Carrie Rios, Community Improvement Manager, and Lori Price, Community Improvement Supervisor, who gave a Staff Report along with a PowerPoint presentation .

Community Improvement Manager Rios stated the Interim Urgency Ordinance aims to address pressing issues related to home experience sharing. She informed that by enacting the 45-day prohibition, the City will gain essential time to thoroughly research and craft effective regulations that will balance the demand while safeguarding the community.

Mayor Michael opened the Administrative Hearing item.

There were no public communications received.

Mayor Michael closed the Administrative Hearing item.

Council Member Hutchison asked if most of the resident complaints predominantly originated from Districts 1 and 4, when the complaints were received and the amenities leased.

Community Improvement Manager Rios shared that the Community Improvement department has seen a surge in calls from Districts 1 and 4 beginning after the pandemic with the volume increasing in the past year and swimming pools were the leading amenity being leased, especially during the Summer.

Council discussion ensued on public safety concerns regarding unsupervised pool amenities, homeowner liabilities and nuisances to neighborhoods. The Mayor and City Council thanked staff for getting ahead of the issue to safeguard the community.

MOTION: Moved by Council Member Stickler, seconded by Council Member Scott, to adopt Interim Urgency Ordinance No. 1030, by title only and waive further reading.

Linda A. Troyan, MMC, City Clerk Services Director, read the title of Interim Urgency Ordinance No. 1030.

VOTES NOW CAST ON MOTION: Moved by Council Member Stickler, seconded by Council Member Scott, to Introduce, Waive Reading of, and Adopt by a Four-fifths Vote, Interim Urgency Ordinance No. 1030. Motion carried, 5-0.

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None.

H. CITY MANAGER'S STAFF REPORT(S)

H1. Consideration to Receive and File the Economic Development Strategy Annual Progress Report for 2023. (CITY)

City Manager Gillison introduced Matt Marquez, Director of Planning and Economic Development, Tanya Spiegel, Economic Development Manager and Carina Campos, Management Analyst II, who gave a staff report along with a PowerPoint presentation. Staff provided an overview of the actions taken to successfully begin the first year of the City’s five -year Economic Development Strategy . Director of Planning and Economic Development Marquez noted next steps include continuing the implementation of the Economic Development Strategy to establish the City as the cultural & economic hub of the Inland Empire.

Council Member Scott shared her excitement of the new businesses and restaurants in the City and thanked staff for their efforts.

Mayor Pro Tem Kennedy commended staff for their team synergy and progress in exceeding the timeline and goals as outlined in the City’s Economic Development Strategy (EDS).

I. COUNCIL BUSINESS

I1. COUNCIL ANNOUNCEMENTS

None.

I2. INTERAGENCY UPDATES

None.

J. CITY ATTORNEY ITEMS

City Attorney Ghirelli noted that there was no reportable action taken during Closed Session held earlier that evening.

K. IDENTIFICATION OF ITEMS FOR NEXT MEETING

None.

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L. ADJOURNMENT

Mayor Michael adjourned the Council Meeting at 8:09 p.m.

Approved:

Linda A. Troyan, MMC
City Clerk Services Director

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DATE:October 2, 2024
TO:Mayor and Members of the City Council
President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Tori Roberts, Interim Finance Director
Veronica Lopez, Accounts Payable Supervisor
SUBJECT: Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,381,613.32 and City and Fire District Weekly Check Registers (No Checks for City Issued to Southern California Gas Company) in the Total Amount of $3,757,775.08 Dated September 11, 2024, Through September 22, 2024. (CITY/FIRE)
RECOMMENDATION:

Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Bi-weekly payroll is $1,319,219.76 and $1,062,393.56 for the City and the Fire District, respectively. Weekly check register amounts are $3,542,281.59 and $215,493.49 for the City and the Fire District, respectively.

BACKGROUND:

N/A
ANALYSIS:

N/A
FISCAL IMPACT:

Adequate budgeted funds are available for the payment of demands per the attached listing.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

N/A
ATTACHMENTS:

Attachment 1 - Weekly Check Registers

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Council Meeting Check Register - without
SoCal Gas
09:11 AM
09/23/2024

Page 1 of 10 ends

Company: City of Rancho Cucamonga
Rancho Cucamonga Fire Protection District
Successor Agency to the Redevelopment Agency of the City of Rancho Cucamonga Payment Date On or After: 09/11/2024
Payment Date On or Before: 09/22/2024
Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: AED
Professionals: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447646 09/12/2024 AED Professionals 0 7,700.76 7,700.76 Supplier Payment: Abound Food
Care: 09/12/2024
City of Rancho
Cucamonga
447644 09/12/2024 Abound Food Care 2,900.15 0 2,900.15
Supplier Payment: Frontier Comm:
09/12/2024
Rancho
Cucamonga Fire
Protection District
447666 09/12/2024 Frontier Comm 0 1,362.30 1,362.30
Supplier Payment: Graybar Electric
Company Inc: 09/12/2024
City of Rancho
Cucamonga
447710 09/12/2024 Graybar Electric Company
Inc
1,930.02 0 1,930.02
Supplier Payment: Inyo Networks
Inc: 09/12/2024
City of Rancho
Cucamonga
447711 09/12/2024 Inyo Networks Inc 11,119.50 0 11,119.50 Supplier Payment: Preston Boyd:
09/12/2024
City of Rancho
Cucamonga
447713 09/12/2024 Preston Boyd 105.00 0 105.00
Supplier Payment: Odp Business
Solutions Llc: 09/12/2024
City of Rancho
Cucamonga
447712 09/12/2024 Odp Business Solutions Llc 1,304.65 0 1,304.65 Supplier Payment: Thompson
Plumbing Supply Inc: 09/12/2024
City of Rancho
Cucamonga
447714 09/12/2024 Thompson Plumbing
Supply Inc
228.08 0 228.08
Supplier Payment: City Of
Riverside: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 City Of Riverside 13,818.00 0 13,818.00
Supplier Payment: Lowes
Companies Inc: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447675 09/12/2024 Lowes Companies Inc 0 1,355.73 1,355.73 Supplier Payment: Minuteman
Press: 09/12/2024
City of Rancho
Cucamonga
447678 09/12/2024 Minuteman Press 172.73 0 172.73
Supplier Payment: City Of
Riverside: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 City Of Riverside 13,818.00 0 13,818.00
Supplier Payment: Onward
Engineering: 09/12/2024
City of Rancho
Cucamonga
447683 09/12/2024 Onward Engineering 11,440.00 0 11,440.00 Supplier Payment: Humane Society
Of San Bernardino Valley:
09/12/2024
City of Rancho
Cucamonga
447671 09/12/2024 Humane Society Of San
Bernardino Valley
247.00 0 247.00
Supplier Payment: Cintas
Corporation: 09/12/2024
City of Rancho
Cucamonga
447656 09/12/2024 Cintas Corporation 5,677.21 0 5,677.21 Supplier Payment: Consolidated
Electrical Distr Inc: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 Consolidated Electrical
Distr Inc
1,040.87 0 1,040.87
ATTACHMENT 1

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SoCal Gas
09:11 AM
09/23/2024

Page 2 of 10 ends

Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: Southern
California News Group: 09/12/2024
City of Rancho
Cucamonga
447688 09/12/2024 Southern California News
Group
1,333.00 0 1,333.00
Supplier Payment: Lowes
Companies Inc: 09/12/2024
City of Rancho
Cucamonga
447674 09/12/2024 Lowes Companies Inc 248.27 0 248.27
Supplier Payment: Airgas Usa Llc:
09/12/2024
Rancho
Cucamonga Fire
Protection District
447647 09/12/2024 Airgas Usa Llc 0 55.46 55.46
Supplier Payment: California Ppe
Recon Inc: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447654 09/12/2024 California Ppe Recon Inc 0 9,244.31 9,244.31 Supplier Payment: Carahsoft
Technology Corp: 09/12/2024
City of Rancho
Cucamonga
447655 09/12/2024 Carahsoft Technology Corp 7,024.69 0 7,024.69 Supplier Payment: Siteone
Landscape Supply Llc: 09/12/2024
City of Rancho
Cucamonga
447686 09/12/2024 Siteone Landscape Supply
Llc
3,624.66 0 3,624.66
Supplier Payment: Odp Business
Solutions Llc: 09/12/2024
City of Rancho
Cucamonga
447681 09/12/2024 Odp Business Solutions Llc 2,863.61 0 2,863.61 Supplier Payment: Fleet Services
Inc: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447665 09/12/2024 Fleet Services Inc 0 49.51 49.51
Supplier Payment: Graybar Electric
Company Inc: 09/12/2024
City of Rancho
Cucamonga
447669 09/12/2024 Graybar Electric Company
Inc
61,908.53 0 61,908.53
Supplier Payment: Springshare Llc:
09/12/2024
City of Rancho
Cucamonga
447689 09/12/2024 Springshare Llc 1,440.00 0 1,440.00
Supplier Payment: D & K Concrete
Company: 09/12/2024
City of Rancho
Cucamonga
447659 09/12/2024 D & K Concrete Company 3,891.40 0 3,891.40 Supplier Payment: Stotz
Equipment: 09/12/2024
City of Rancho
Cucamonga
447690 09/12/2024 Stotz Equipment 163.39 0 163.39
Supplier Payment: Cintas
Corporation: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447657 09/12/2024 Cintas Corporation 0 163.55 163.55
Supplier Payment: Midwest Tape
Llc: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 Midwest Tape Llc 7,921.44 0 7,921.44
Supplier Payment: Dunn-Edwards
Corporation: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 Dunn-Edwards Corporation 1,596.08 0 1,596.08 Supplier Payment: The Kindred
Corporation: 09/12/2024
City of Rancho
Cucamonga
447693 09/12/2024 The Kindred Corporation 20,062.93 0 20,062.93 Supplier Payment: Diamond
Environmental Services:
09/12/2024
City of Rancho
Cucamonga
09/12/2024 Diamond Environmental
Services
950.60 0 950.60
Supplier Payment: Amlon Industries
Inc: 09/12/2024
City of Rancho
Cucamonga
447649 09/12/2024 Amlon Industries Inc 1,853.22 0 1,853.22 Supplier Payment: Mariposa
Landscapes Inc: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 Mariposa Landscapes Inc 278,557.18 0 278,557.18

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SoCal Gas
09:11 AM
09/23/2024

Page 3 of 10 ends

Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: Velocity Truck
Centers: 09/12/2024
City of Rancho
Cucamonga
447695 09/12/2024 Velocity Truck Centers 508.80 0 508.80 Supplier Payment: Only Cremations
For Pets Inc: 09/12/2024
City of Rancho
Cucamonga
447682 09/12/2024 Only Cremations For Pets
Inc
1,937.00 0 1,937.00
Supplier Payment: Brightview
Landscape Services Inc:
09/12/2024
City of Rancho
Cucamonga
09/12/2024 Brightview Landscape
Services Inc
43,500.00 0 43,500.00
Supplier Payment: Walters
Wholesale Electric Co: 09/12/2024
City of Rancho
Cucamonga
447699 09/12/2024 Walters Wholesale Electric
Co
848.52 0 848.52
Supplier Payment: Napa Auto
Parts: 09/12/2024
Rancho
Cucamonga Fire
Protection District
09/12/2024 Napa Auto Parts 0 592.01 592.01
Supplier Payment: Globalstar Usa:
09/12/2024
City of Rancho
Cucamonga
447667 09/12/2024 Globalstar Usa 182.52 0 182.52
Supplier Payment: Quadient Inc:
09/12/2024
City of Rancho
Cucamonga
447684 09/12/2024 Quadient Inc 128.60 0 128.60
Supplier Payment: The Counseling
Team International: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447692 09/12/2024 The Counseling Team
International
0 7,121.25 7,121.25
Supplier Payment: Mrc Smart
Technology Solutions: 09/12/2024
City of Rancho
Cucamonga
447680 09/12/2024 Mrc Smart Technology
Solutions
7,777.33 0 7,777.33
Supplier Payment: Barbara'S
Answering Service: 09/12/2024
City of Rancho
Cucamonga
447652 09/12/2024 Barbara'S Answering
Service
552.00 0 552.00
Supplier Payment: Waxie Sanitary
Supply: 09/12/2024
City of Rancho
Cucamonga
447700 09/12/2024 Waxie Sanitary Supply 3,691.44 0 3,691.44 Supplier Payment: Main Street
Signs: 09/12/2024
City of Rancho
Cucamonga
447676 09/12/2024 Main Street Signs 1,216.75 0 1,216.75 Supplier Payment: Upsco
Powersafe Systems Inc:
09/12/2024
City of Rancho
Cucamonga
447694 09/12/2024 Upsco Powersafe Systems
Inc
29,524.47 0 29,524.47
Supplier Payment: T&B Planning
Inc: 09/12/2024
City of Rancho
Cucamonga
447691 09/12/2024 T&B Planning Inc 14,692.50 0 14,692.50 Supplier Payment: Aufbau
Corporation: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447651 09/12/2024 Aufbau Corporation 0 51,840.00 51,840.00 Supplier Payment: Directv:
09/12/2024
City of Rancho
Cucamonga
447660 09/12/2024 Directv 147.85 0 147.85
Supplier Payment: 49Er
Communications Inc: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447643 09/12/2024 49Er Communications Inc 0 1,364.66 1,364.66 Supplier Payment: Virtual Project
Manager Llc: 09/12/2024
City of Rancho
Cucamonga
447696 09/12/2024 Virtual Project Manager Llc 500.00 0 500.00

Page 17 ends

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SoCal Gas
09:11 AM
09/23/2024

Page 4 of 10 ends

Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: Marisa
Maverhan-Lane: 09/12/2024
City of Rancho
Cucamonga
447677 09/12/2024 Marisa Maverhan-Lane 2,800.00 0 2,800.00 Supplier Payment: Merrimac
Petroleum Inc: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 Merrimac Petroleum Inc 31,057.93 0 31,057.93 Supplier Payment: Southern
California Edison: 09/12/2024
City of Rancho
Cucamonga
447687 09/12/2024 Southern California Edison 4,376.71 0 4,376.71 Supplier Payment: Federal Express
Corp: 09/12/2024
City of Rancho
Cucamonga
447662 09/12/2024 Federal Express Corp 36.25 0 36.25
Supplier Payment: Volgistics Inc:
09/12/2024
City of Rancho
Cucamonga
447698 09/12/2024 Volgistics Inc 8,184.00 0 8,184.00
Supplier Payment: Champion Fire
Systems Inc: 09/12/2024
City of Rancho
Cucamonga
09/12/2024 Champion Fire Systems Inc 3,547.00 0 3,547.00 Supplier Payment: West Coast
Arborists Inc: 09/12/2024
City of Rancho
Cucamonga
447701 09/12/2024 West Coast Arborists Inc 16,568.75 0 16,568.75 Supplier Payment: Firefighters'
Safety Center Inc: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447664 09/12/2024 Firefighters' Safety Center
Inc
0 1,413.95 1,413.95
Supplier Payment: Cummins Sales
& Service: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447658 09/12/2024 Cummins Sales & Service 0 6,639.26 6,639.26 Supplier Payment: J* Garcia:
09/12/2024
City of Rancho
Cucamonga
447672 09/12/2024 J* Garcia 3,933.50 0 3,933.50
Supplier Payment: Ln Curtis &
Sons: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447673 09/12/2024 Ln Curtis & Sons 0 19,343.78 19,343.78 Supplier Payment: Aufbau
Corporation: 09/12/2024
City of Rancho
Cucamonga
447650 09/12/2024 Aufbau Corporation 56,832.00 0 56,832.00 Supplier Payment: Alta Rancho Pet
& Bird Hospital: 09/12/2024
City of Rancho
Cucamonga
447648 09/12/2024 Alta Rancho Pet & Bird
Hospital
200.00 0 200.00
Supplier Payment: Factory Motor
Parts: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447661 09/12/2024 Factory Motor Parts 0 797.11 797.11
Supplier Payment: Advanced
Chemical Transport Inc: 09/12/2024
City of Rancho
Cucamonga
447645 09/12/2024 Advanced Chemical
Transport Inc
1,930.00 0 1,930.00
Supplier Payment: Westrux
International Inc: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447702 09/12/2024 Westrux International Inc 0 1,635.68 1,635.68 Supplier Payment: MLAM Inc.:
09/12/2024
City of Rancho
Cucamonga
09/12/2024 MLAM Inc. 6,000.00 0 6,000.00
Supplier Payment: California Fire
Chiefs Association: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447653 09/12/2024 California Fire Chiefs
Association
0 2,752.00 2,752.00

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SoCal Gas
09:11 AM
09/23/2024

Page 5 of 10 ends

Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: Montgomery
Hardware Co: 09/12/2024
City of Rancho
Cucamonga
447679 09/12/2024 Montgomery Hardware Co 785.52 0 785.52 Supplier Payment: Hose-Man Inc:
09/12/2024
City of Rancho
Cucamonga
447670 09/12/2024 Hose-Man Inc 199.76 0 199.76
Supplier Payment: San Bernardino
County: 09/12/2024
City of Rancho
Cucamonga
447685 09/12/2024 San Bernardino County 15,835.84 0 15,835.84 Supplier Payment: Golden Oaks
Vet Hospital: 09/12/2024
City of Rancho
Cucamonga
447668 09/12/2024 Golden Oaks Vet Hospital 700.00 0 700.00 Supplier Payment: Vision Service
Plan Ca: 09/12/2024
City of Rancho
Cucamonga
447697 09/12/2024 Vision Service Plan Ca 46.06 0 46.06 Supplier Payment: Federal Signal
Corporation: 09/12/2024
Rancho
Cucamonga Fire
Protection District
447663 09/12/2024 Federal Signal Corporation 0 582.50 582.50 Supplier Payment: Lowes
Companies Inc: 09/16/2024
City of Rancho
Cucamonga
447715 09/16/2024 Lowes Companies Inc 45.49 0 45.49
Supplier Payment: Waxie Sanitary
Supply: 09/19/2024
City of Rancho
Cucamonga
447803 09/19/2024 Waxie Sanitary Supply 1,583.62 0 1,583.62 Supplier Payment: Ascent
Environmental Inc: 09/19/2024
City of Rancho
Cucamonga
447778 09/19/2024 Ascent Environmental Inc 44,863.06 0 44,863.06 Supplier Payment: Motorola
Solutions Inc: 09/19/2024
Rancho
Cucamonga Fire
Protection District
447787 09/19/2024 Motorola Solutions Inc 0 7,702.83 7,702.83 Supplier Payment: Grainger:
09/19/2024
City of Rancho
Cucamonga
447783 09/19/2024 Grainger 38.10 0 38.10
Supplier Payment: Public Safety
Peer Support Association:
09/19/2024
Rancho
Cucamonga Fire
Protection District
447794 09/19/2024 Public Safety Peer Support
Association
0 1,040.00 1,040.00
Supplier Payment: San Bernardino
Cty Fire Protection Dist: 09/19/2024
Rancho
Cucamonga Fire
Protection District
447795 09/19/2024 San Bernardino Cty Fire
Protection Dist
0 5,763.00 5,763.00
Supplier Payment: Tetra Tech Inc:
09/19/2024
City of Rancho
Cucamonga
447800 09/19/2024 Tetra Tech Inc 6,000.00 0 6,000.00
Supplier Payment: Verizon
Wireless - La: 09/19/2024
City of Rancho
Cucamonga
447801 09/19/2024 Verizon Wireless - La 253.37 0 253.37 Supplier Payment: Daniels Tire
Service: 09/17/2024
Rancho
Cucamonga Fire
Protection District
447730 09/17/2024 Daniels Tire Service 0 7,442.51 7,442.51 Supplier Payment: Ascap:
09/17/2024
City of Rancho
Cucamonga
447719 09/17/2024 Ascap 2,294.46 0 2,294.46
Supplier Payment: Dependable
Break Room Solutions Inc:
09/17/2024
City of Rancho
Cucamonga
447731 09/17/2024 Dependable Break Room
Solutions Inc

58.90 0 58.90

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SoCal Gas
09:11 AM
09/23/2024

Page 6 of 10 ends

Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: Ferguson
Enterprises Llc #1350: 09/17/2024
City of Rancho
Cucamonga
447735 09/17/2024 Ferguson Enterprises Llc
#1350
579.13 0 579.13
Supplier Payment: Goldstar Asphalt
Products: 09/17/2024
City of Rancho
Cucamonga
447736 09/17/2024 Goldstar Asphalt Products 1,637.78 0 1,637.78 Supplier Payment: Victoria Animal
Hospital: 09/17/2024
City of Rancho
Cucamonga
447767 09/17/2024 Victoria Animal Hospital 100.00 0 100.00 Supplier Payment: Antelope
Expansion 3B Llc: 09/17/2024
City of Rancho
Cucamonga
447718 09/17/2024 Antelope Expansion 3B Llc 12,066.23 0 12,066.23 Supplier Payment: Grainger:
09/17/2024
City of Rancho
Cucamonga
447737 09/17/2024 Grainger 1,388.64 0 1,388.64
Supplier Payment: Teaching
Strategies Llc: 09/17/2024
City of Rancho
Cucamonga
447755 09/17/2024 Teaching Strategies Llc 6,500.00 0 6,500.00 Supplier Payment: Rancho
Cucamonga Quakes: 09/17/2024
City of Rancho
Cucamonga
447748 09/17/2024 Rancho Cucamonga
Quakes
15,500.00 0 15,500.00
Supplier Payment: Zones It
Solutions Inc: 09/17/2024
City of Rancho
Cucamonga
09/17/2024 Zones It Solutions Inc 63,901.10 0 63,901.10 Supplier Payment: Westrux
International Inc: 09/17/2024
Rancho
Cucamonga Fire
Protection District
447769 09/17/2024 Westrux International Inc 0 4,732.67 4,732.67 Supplier Payment: Napa Auto
Parts: 09/17/2024
Rancho
Cucamonga Fire
Protection District
09/17/2024 Napa Auto Parts 0 824.03 824.03
Supplier Payment: Graybar Electric
Company Inc: 09/17/2024
City of Rancho
Cucamonga
09/17/2024 Graybar Electric Company
Inc
22,508.92 0 22,508.92
Supplier Payment: Ccs Orange
County Janitorial Inc: 09/17/2024
City of Rancho
Cucamonga
447723 09/17/2024 Ccs Orange County
Janitorial Inc
83,334.25 0 83,334.25
Supplier Payment: Unity Courier
Service Inc: 09/17/2024
City of Rancho
Cucamonga
447759 09/17/2024 Unity Courier Service Inc 657.34 0 657.34 Supplier Payment: Vca Central
Animal Hospital: 09/17/2024
City of Rancho
Cucamonga
447764 09/17/2024 Vca Central Animal
Hospital
686.29 0 686.29
Supplier Payment: Ups: 09/17/2024 City of Rancho
Cucamonga
447762 09/17/2024 Ups 63.78 0 63.78
Supplier Payment: Upbeat Parade
Productions: 09/17/2024
City of Rancho
Cucamonga
447760 09/17/2024 Upbeat Parade Productions 20,000.00 0 20,000.00 Supplier Payment: Directv:
09/17/2024
City of Rancho
Cucamonga
447732 09/17/2024 Directv 107.24 0 107.24
Supplier Payment: Stephanie
Contreras: 09/17/2024
City of Rancho
Cucamonga
447754 09/17/2024 Stephanie Contreras 1,437.50 0 1,437.50 Supplier Payment: The Toll Roads
Violations Dept: 09/17/2024
City of Rancho
Cucamonga
447757 09/17/2024 The Toll Roads Violations
Dept
611.27 0 611.27
Supplier Payment: Costar Realty
Information Inc: 09/17/2024
City of Rancho
Cucamonga
447727 09/17/2024 Costar Realty Information
Inc
1,833.30 0 1,833.30

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SoCal Gas
09:11 AM
09/23/2024

Page 7 of 10 ends

90.10 0 90.10
Supplier Payment: Covetrus North
America: 09/17/2024
City of Rancho
Cucamonga
447728 09/17/2024 Covetrus North America 2,299.45 0 2,299.45 Supplier Payment: Onward
Engineering: 09/17/2024
City of Rancho
Cucamonga
447744 09/17/2024 Onward Engineering 17,680.00 0 17,680.00 Supplier Payment: Odp Business
Solutions Llc: 09/17/2024
City of Rancho
Cucamonga
447742 09/17/2024 Odp Business Solutions Llc 1,280.66 0 1,280.66 Supplier Payment: Pathway
Communications Ltd: 09/17/2024
City of Rancho
Cucamonga
447745 09/17/2024 Pathway Communications
Ltd
48,990.58 0 48,990.58
Supplier Payment: Hi-Way Safety
Inc: 09/17/2024
City of Rancho
Cucamonga
447738 09/17/2024 Hi-Way Safety Inc 476.46 0 476.46
Supplier Payment: The Remy
Corporation: 09/17/2024
City of Rancho
Cucamonga
447756 09/17/2024 The Remy Corporation 11,332.50 0 11,332.50 Supplier Payment: Bluespace
Interiors: 09/17/2024
City of Rancho
Cucamonga
447720 09/17/2024 Bluespace Interiors 31,844.72 0 31,844.72 Supplier Payment: Cintas
Corporation: 09/17/2024
City of Rancho
Cucamonga
447725 09/17/2024 Cintas Corporation 2,516.66 0 2,516.66 Supplier Payment: D & K Concrete
Company: 09/17/2024
City of Rancho
Cucamonga
447729 09/17/2024 D & K Concrete Company 9,388.27 0 9,388.27 Supplier Payment: Enko Systems
Inc: 09/17/2024
City of Rancho
Cucamonga
447734 09/17/2024 Enko Systems Inc 2,463.75 0 2,463.75
Supplier Payment: US Builders &
Consultants: 09/17/2024
City of Rancho
Cucamonga
447763 09/17/2024 US Builders & Consultants 56,809.65 0 56,809.65 Supplier Payment: Bicoastal
Productions: 09/17/2024
City of Rancho
Cucamonga
09/17/2024 Bicoastal Productions 11,750.00 0 11,750.00
Supplier Payment: Mwi Animal
Health: 09/17/2024
City of Rancho
Cucamonga
447741 09/17/2024 Mwi Animal Health 2,185.23 0 2,185.23 Supplier Payment: Am-Tec Total
Security Inc: 09/17/2024
City of Rancho
Cucamonga
447716 09/17/2024 Am-Tec Total Security Inc 450.00 0 450.00 Supplier Payment: Inland Valley
Repertory Theatre: 09/17/2024
City of Rancho
Cucamonga
09/17/2024 Inland Valley Repertory
Theatre
10,890.45 0 10,890.45
Supplier Payment: Animal Blood
Resources International:
09/17/2024
City of Rancho
Cucamonga
447717 09/17/2024 Animal Blood Resources
International
230.60 0 230.60
Supplier Payment: Brandon Lee
Acosta: 09/17/2024
City of Rancho
Cucamonga
447721 09/17/2024 Brandon Lee Acosta 384.00 0 384.00
Supplier Payment: East Valley
Emergency Pet Clinic Inc:
09/17/2024
City of Rancho
Cucamonga
447733 09/17/2024 East Valley Emergency Pet
Clinic Inc
150.00 0 150.00
Supplier Payment: Waxie Sanitary
Supply: 09/17/2024
City of Rancho
Cucamonga
447768 09/17/2024 Waxie Sanitary Supply 777.79 0 777.79

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SoCal Gas
09:11 AM
09/23/2024

Page 8 of 10 ends

Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: Buckeye
Veterinary Services, Inc.:
09/17/2024
City of Rancho
Cucamonga
447722 09/17/2024 Buckeye Veterinary
Services, Inc.
2,800.00 0 2,800.00
Supplier Payment: K-K
Woodworking: 09/17/2024
City of Rancho
Cucamonga
447740 09/17/2024 K-K Woodworking 32.29 0 32.29
Supplier Payment: Paymentus
Corporation: 09/17/2024
City of Rancho
Cucamonga
447746 09/17/2024 Paymentus Corporation 6,750.00 0 6,750.00 Supplier Payment: United Site
Services: 09/17/2024
City of Rancho
Cucamonga
447758 09/17/2024 United Site Services 305.29 0 305.29
Supplier Payment: G/M Business
Interiors: 09/17/2024
Rancho
Cucamonga Fire
Protection District
09/17/2024 G/M Business Interiors 0 266.63 266.63
Supplier Payment: SimsUShare:
09/17/2024
Rancho
Cucamonga Fire
Protection District
447752 09/17/2024 SimsUShare 0 2,320.00 2,320.00
Supplier Payment: Holliday Rock
Co Inc: 09/17/2024
City of Rancho
Cucamonga
447739 09/17/2024 Holliday Rock Co Inc 1,121.69 0 1,121.69 Supplier Payment: Ontario Spay &
Neuter Inc: 09/17/2024
City of Rancho
Cucamonga
447743 09/17/2024 Ontario Spay & Neuter Inc 600.00 0 600.00 Supplier Payment: Triden Group
Corp: 09/17/2024
City of Rancho
Cucamonga
09/17/2024 Triden Group Corp 225.00 0 225.00
Supplier Payment: Rancho West
Animal Hospital: 09/17/2024
City of Rancho
Cucamonga
447749 09/17/2024 Rancho West Animal
Hospital
1,700.00 0 1,700.00
Supplier Payment: Civic Solutions
Inc: 09/17/2024
City of Rancho
Cucamonga
09/17/2024 Civic Solutions Inc 3,768.75 0 3,768.75
Supplier Payment: Rapid Diesel
Repair Llc: 09/17/2024
City of Rancho
Cucamonga
447750 09/17/2024 Rapid Diesel Repair Llc 5,527.11 0 5,527.11 Supplier Payment: Verizon:
09/17/2024
City of Rancho
Cucamonga
447766 09/17/2024 Verizon 63.84 0 63.84
Supplier Payment: Workday Inc:
09/17/2024
City of Rancho
Cucamonga
09/17/2024 Workday Inc 432,132.00 0 432,132.00
Supplier Payment: Upland Animal
Hospital: 09/17/2024
City of Rancho
Cucamonga
447761 09/17/2024 Upland Animal Hospital 400.00 0 400.00 Supplier Payment: Velocity Truck
Centers: 09/17/2024
Rancho
Cucamonga Fire
Protection District
447765 09/17/2024 Velocity Truck Centers 0 782.20 782.20 Supplier Payment: Pepe'S Towing
Service: 09/17/2024
City of Rancho
Cucamonga
447747 09/17/2024 Pepe'S Towing Service 180.00 0 180.00 Supplier Payment: Champion
Awards & Specialties: 09/17/2024
City of Rancho
Cucamonga
447724 09/17/2024 Champion Awards &
Specialties

64.65 0 64.65
Supplier Payment: San Bernardino
County Sheriffs Dept: 09/17/2024
City of Rancho
Cucamonga
447751 09/17/2024 San Bernardino County
Sheriffs Dept
477.85 0 477.85

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Council Meeting Check Register - without
SoCal Gas
09:11 AM
09/23/2024

Page 9 of 10 ends

RCMU: 09/17/2024
City of Rancho
Cucamonga
447753 09/17/2024 Southern California Edison 4,337.37 0 4,337.37 Supplier Payment: Nv5 Inc:
09/19/2024
City of Rancho
Cucamonga
447790 09/19/2024 Nv5 Inc 16,961.52 0 16,961.52
Supplier Payment: Southern
California News Group: 09/19/2024
City of Rancho
Cucamonga
447799 09/19/2024 Southern California News
Group
9,967.56 0 9,967.56
Supplier Payment: Best Outdoor
Power Inland Llc: 09/19/2024
City of Rancho
Cucamonga
09/19/2024 Best Outdoor Power Inland
Llc

32.91 0 32.91
Supplier Payment: Xibitz Inc:
09/19/2024
City of Rancho
Cucamonga
447805 09/19/2024 Xibitz Inc 49,929.62 0 49,929.62
Supplier Payment: Ninyo & Moore:
09/19/2024
City of Rancho
Cucamonga
09/19/2024 Ninyo & Moore 2,155.50 0 2,155.50
Supplier Payment: 10-8 Retrofit,
Inc: 09/19/2024
Rancho
Cucamonga Fire
Protection District
447775 09/19/2024 10-8 Retrofit, Inc 0 3,679.55 3,679.55 Supplier Payment: Mariposa
Landscapes Inc: 09/19/2024
City of Rancho
Cucamonga
09/19/2024 Mariposa Landscapes Inc 63,286.54 0 63,286.54 Supplier Payment: West Coast
Arborists Inc: 09/19/2024
City of Rancho
Cucamonga
447804 09/19/2024 West Coast Arborists Inc 9,434.26 0 9,434.26 Supplier Payment: Ontario Spay &
Neuter Inc: 09/19/2024
City of Rancho
Cucamonga
447791 09/19/2024 Ontario Spay & Neuter Inc 6,000.00 0 6,000.00 Supplier Payment: Siteone
Landscape Supply Llc: 09/19/2024
City of Rancho
Cucamonga
447796 09/19/2024 Siteone Landscape Supply
Llc
4,380.10 0 4,380.10
Supplier Payment: Environment
Planning Dvmt Solutions:
09/19/2024
Rancho
Cucamonga Fire
Protection District
447782 09/19/2024 Environment Planning
Dvmt Solutions
0 63,888.27 63,888.27
Supplier Payment: South Bay
Foundry Inc: 09/19/2024
City of Rancho
Cucamonga
447798 09/19/2024 South Bay Foundry Inc 4,313.03 0 4,313.03 Supplier Payment: All Welding:
09/19/2024
City of Rancho
Cucamonga
447776 09/19/2024 All Welding 1,775.00 0 1,775.00
Supplier Payment: Idexx
Distribution Inc: 09/19/2024
City of Rancho
Cucamonga
447785 09/19/2024 Idexx Distribution Inc 646.07 0 646.07 Supplier Payment: Brightview
Landscape Services Inc:
09/19/2024
City of Rancho
Cucamonga
09/19/2024 Brightview Landscape
Services Inc
24,741.31 0 24,741.31
Supplier Payment: Emergent
Devices Inc.: 09/19/2024
City of Rancho
Cucamonga
447781 09/19/2024 Emergent Devices Inc. 4,266.90 0 4,266.90 Supplier Payment: Analyze
Corporation: 09/19/2024
City of Rancho
Cucamonga
447777 09/19/2024 Analyze Corporation 5,400.00 0 5,400.00 Supplier Payment: Graybar Electric
Company Inc: 09/19/2024
City of Rancho
Cucamonga
09/19/2024 Graybar Electric Company
Inc
70,299.96 0 70,299.96

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Council Meeting Check Register - without
SoCal Gas
09:11 AM
09/23/2024

Page 10 of 10 ends

Supplier Payment Company Check
Number Check Date Supplier Name City of Rancho
Cucamonga
Rancho
Cucamonga Fire
Protection District
Payment Amount for
Reporting Transaction
Supplier Payment: MLAM Inc.:
09/19/2024
City of Rancho
Cucamonga
09/19/2024 MLAM Inc. 1,200.00 0 1,200.00
Supplier Payment: Abc Locksmiths
Inc: 09/19/2024
City of Rancho
Cucamonga
09/19/2024 Abc Locksmiths Inc 408.38 0 408.38
Supplier Payment: Mwi Animal
Health: 09/19/2024
City of Rancho
Cucamonga
447788 09/19/2024 Mwi Animal Health 314.73 0 314.73
Supplier Payment: Citrus Motors
Ontario Inc: 09/19/2024
City of Rancho
Cucamonga
447779 09/19/2024 Citrus Motors Ontario Inc 1,151.93 0 1,151.93 Supplier Payment: Beach
Entertainment And Talent Inc.:
09/19/2024
City of Rancho
Cucamonga
09/19/2024 Beach Entertainment And
Talent Inc.
10,793.00 0 10,793.00
Supplier Payment: Hill'S Pet
Nutrition Sales Inc: 09/19/2024
City of Rancho
Cucamonga
447784 09/19/2024 Hill'S Pet Nutrition Sales
Inc
1,575.57 0 1,575.57
Supplier Payment: Onyx Paving
Company Inc: 09/19/2024
City of Rancho
Cucamonga
447793 09/19/2024 Onyx Paving Company Inc 1,559,668.39 0 1,559,668.39 Supplier Payment: Rdo Equipment
Company: 09/19/2024
City of Rancho
Cucamonga
09/19/2024 Rdo Equipment Company 49.06 0 49.06
Supplier Payment: Onward
Engineering: 09/19/2024
City of Rancho
Cucamonga
447792 09/19/2024 Onward Engineering 12,555.00 0 12,555.00 Supplier Payment: Myers Tire
Supply Company: 09/19/2024
Rancho
Cucamonga Fire
Protection District
447789 09/19/2024 Myers Tire Supply
Company
0 232.92 232.92
Supplier Payment: Cummins Sales
& Service: 09/19/2024
Rancho
Cucamonga Fire
Protection District
447780 09/19/2024 Cummins Sales & Service 0 1,686.40 1,686.40 Supplier Payment: Promotions
Tees & More: 09/19/2024
City of Rancho
Cucamonga
09/19/2024 Promotions Tees & More 4,475.46 0 4,475.46
Supplier Payment: San Bernardino
County Sheriff'S Dept: 09/19/2024
City of Rancho
Cucamonga
09/19/2024 San Bernardino County
Sheriff'S Dept
492.00 0 492.00
Supplier Payment: Walters
Wholesale Electric Co: 09/19/2024
Rancho
Cucamonga Fire
Protection District
447802 09/19/2024 Walters Wholesale Electric
Co
0 30.66 30.66
Supplier Payment: Joseph Morales
Aguilar: 09/19/2024
Rancho
Cucamonga Fire
Protection District
447786 09/19/2024 Joseph Morales Aguilar 0 1,088.00 1,088.00 3,542,281.59 215,493.49 3,757,775.08

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DATE:October 2, 2024
TO:Mayor and Members of the City Council
President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Tori Roberts, Interim Finance Director
Veronica Lopez, Accounts Payable Supervisor
SUBJECT: Consideration to Approve Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $295.21 Dated September 11, 2024, Through September 22, 2024. (CITY/FIRE)
RECOMMENDATION:

Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Weekly check register amounts are $295.21 for the City and the Fire District, respectively.

BACKGROUND:

N/A

ANALYSIS:

N/A

FISCAL IMPACT:

Adequate budgeted funds are available for the payment of demands per the attached listing.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

N/A

ATTACHMENTS:

Attachment 1 - Weekly Check Register

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Council Meeting Check Register - SoCal Gas
09:21 AM
09/23/2024

Page 1 of 1 ends

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DATE: October 2, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Julie A. Sowles, Deputy City Manager Civic and Cultural Services Jennifer Hunt Gracia, Community Services Director
SUBJECT: Consideration of the Proposed Changes to the Naming of Parks and Facilities Policy. (CITY)
RECOMMENDATION:

Staff recommends the City Council accept and adopt the proposed changes to the Naming of Parks and Facilities Policy.

BACKGROUND:

The existing Naming of Parks and Facilities Policy established the approval process and guidelines for uniform and consistent evaluation of dedication and naming requests to ensure equitable bestowment based on common criteria. This policy set formal guidelines for the allocation of sponsorship naming rights for accepting and recognizing contributions through Sponsor Agreements developed through fundraising campaigns.

ANALYSIS:

The current Naming of Parks and Facilities Policy, adopted in 2011, lists the Park and Recreation Commission, Rancho Cucamonga Community and Arts Foundation and Rancho Library Foundation as entities in the review, approval, or sponsorship negotiation process for a City park or recreation facility.

With the dissolution of the Park and Recreation Commission and the severance of Rancho Cucamonga Community and Arts Foundation and Rancho Library Foundation from the City, staff proposes the following changes to the Naming of Parks and Facilities Policy’s review process.

1. General naming or Commemorative naming opportunities for parks and recreation or cultural facilities are taken for review by the Park and Recreation Subcommittee. The Subcommittee will forward a final recommendation to the City Council for review.

2. Sponsorship naming rights for recreational and cultural facilities shall be solicited and negotiated by Community Services Department (CSD) staff. CSD staff will forward a final recommendation to the City Council for approval.

3. General naming or Commemorative naming opportunities for library facilities shall be researched by the Library Services Department and taken for review to the Library Board of Trustees. The Board will forward a final recommendation to the City Council for approval.

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4. Sponsorship naming rights for library facilities shall be solicited and negotiated by Special Campaign Committee in conjunction with the Library Services Department and taken for review to the Library Board of Trustees. The Board will forward a final recommendation to the City Council for approval.

FISCAL IMPACT:

There are no fiscal impacts when adopting the Naming of Parks and Facilities Policy.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

The approval of the Naming of Parks and Facilities Policy supports the City Council’s core value of working together cooperatively and respectfully with each other, staff, and all stakeholders.

ATTACHMENTS:

Attachment 1 - Naming of Parks and Facilities Policy

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ATTACHMENT 1

CITY OF RANCHO CUCAMONGA
Naming of Parks and Facilities Policy
PAGE:Page 1 of 5
EFFECTIVE:

APPROVED:

REVISED:

A. PURPOSE
The following policy is to be used in the naming of parks, facilities and facility amenities owned by the City of Rancho Cucamonga. To ensure that parks, facilities and amenities paid for and operated by public funds have clear guidelines for establishing names and identity, this policy establishes uniform and consistent evaluation of dedication and naming requests and to ensure that this honor is bestowed in an equitable manner and based on common criteria supported by compelling reasons. All naming must be congruent with overall strategic mission, vision and values for the City of Rancho Cucamonga. Final approval of all naming is the responsibility of the City Council unless otherwise stated.

Additionally, the policy sets forth guidelines for allocation of sponsorship naming rights for accepting and recognizing contributions through Sponsor Agreements developed through fundraising campaigns.

B. DEFINITIONS:

The following definitions shall be in effect for this policy:
•Public Parks and Open Space: City owned parks, open space and trails. •Recreational Community Facilities: City owned buildings that are used primarily for recreational or cultural activities.
•Other Community Facilities: City owned facilities used to conduct city business or provide services that are not recreational or cultural in nature. •Facility Amenities: Portions of City owned properties subject to naming including rooms, courtyards, sport fields and significant architectural elements of a facility. Site furnishings, equipment or fixtures are excluded from this policy.

C. NAMING CATEGORIES/CRITERIA
The following factors shall be considered in the naming of any park, open space, facility or amenity:

1. General Conditions and Exclusions
•Naming that promotes unhealthy lifestyles, including but not limited to alcohol or tobacco use will not be considered.
•Naming that promotes any political organization will not be considered.

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CITY OF RANCHO CUCAMONGA - NAMING OF PARKS AND FACILITIES POLICY PAGE 2
•Re-naming of City facilities is strongly discouraged and can only be considered when compelling circumstances exist.
•The Rancho Cucamonga Epicenter is excluded from this policy. Its naming guidelines are subject to the terms and conditions of the tenant lease with the resident minor league baseball team.
•The Rancho Cucamonga Civic Center is not available for naming opportunities; however amenities within the building may receive Commemorative Naming.

2. Geographical Location, Historical Designation & Designated Facility Function •First preference is to provide easy and recognizable reference for City residents based on the location and the designated function of the park or facility. •If a park site or facility is located next to a school and the school has been officially named, it may bear the same name. If the school has not been named, the City shall work with the School District on a mutually agreed upon name. •If the park site or facility is near a geographical landmark it may be named for that landmark if it is not adjacent to a school site.
•A park or facility may be named for an adjacent street or commemorative event if it is not located next to a school site or significant geological or historic element. •If the park site or facility is near a historical site or landmark, it may be named for that site.
•A park site, facility or amenities may be named after individuals or organizations if they have contributed significantly to the development of the park, amenity, general park system or other City project or program.

3. Termination of Naming Rights
Due to the high profile nature of public facilities, diligence and discretion must be exercised in their naming. Significant review and higher standard of care will be applied in the use of a name of an individual, organization or business. The City reserves the right to reject any sponsor requests or naming request at any time during the approval process. The City Council may remove a name from a park, open space, trail, building, or portion thereof, structure, equipment or furnishing when deemed by the City Council to be in the best interest of the City.

The City Council reserves the right to suspend the use of a Commemorative Name or terminate a Sponsor Agreement in the case of circumstances involving fraud, poor moral character, criminal activity or other actions which would reflect poorly on the reputation, image or good-will of the City. Additionally, should a corporate entity cease to exist, their naming rights may be terminated.

D. NAMING DESIGNATIONS – COMMEMORATIVE AND SPONSORSHIPS Individuals, families, organizations or businesses recognized shall be defined as either a Commemorative designation (for outstanding civic contributions) or Sponsorship designation (in exchange for financial contribution). City Hall is excluded from either Commemorative or Sponsorship naming opportunities. Existing parks or facilities with a Commemorative name are

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CITY OF RANCHO CUCAMONGA - NAMING OF PARKS AND FACILITIES POLICY PAGE 3
excluded from Sponsorship naming, however amenities at existing parks or facilities maybe considered.

1. Commemorative Naming
•Honorarium/Memorial – includes the use of a name of an individual, family or organization (not associated with Sponsorship Agreements) for the purpose of recognizing distinguished and significant contributions to the community that resulted in positive, lasting impacts. Preference is that Commemorative Naming be done in conjunction with Geographical and Functional Naming.
•Commemorative Naming shall be done in a manner that ensures that there is broad support for the naming and a general knowledge that the contributions of the individual, family or organization are extraordinary. Extreme care and diligence must be exercised in application of this policy to ensure that the selection of honorees will withstand the test of time.
•Nominees for Commemorative Naming (individuals, families and organizations) are subject to background investigations to ascertain and affirm that their character represents the integrity and service to the community that warrants such a privilege. •See Policy Section on Elected Officials for clarification of Commemorative Naming involving individuals serving in an elected office capacity.

2. Sponsorship Naming Rights
Sponsorship Naming Rights includes naming in exchange for a significant donation from a business, organization or individual to recognize philanthropic support, whether through an affiliate non-profit Foundation or through the City. In evaluating Sponsorship Naming Rights associated with an approved fundraising campaign, the following guidelines are to be adhered to:
•The City may enter into agreements with non-profits that allow the organization to solicit contributions towards construction or operation of a City park or facility. Organizations affiliated with the City that desire to raise funds for a City sponsored project must receive City Council approval prior to soliciting naming opportunities. •The non-profits may assist the City in negotiating terms of the gift. Staff will prepare a recommendation to the appropriate City Council Subcommittee who will make a final recommendation to the City Council.
•Sponsors will be required to enter into a Sponsorship Agreement with the City and appropriate Foundation establishing terms and conditions, payment schedules, donor status and recognition levels, duration of naming and termination of rights. •Sponsorships will not be considered from any donor whose purpose or conduct would reasonably demean the reputation, image or good-will of the City. •Potential sponsorships will be evaluated in terms of their possible negative impact on soliciting and obtaining additional sponsors in the future. Sponsors should not be considered if such approval would likely result in a significant reduction in future sponsors.

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CITY OF RANCHO CUCAMONGA - NAMING OF PARKS AND FACILITIES POLICY PAGE 4
•Sponsorships, and wording on donor recognition/individual appeal plaques, will not be considered which could place the staff, boards, committees, City Council, or the City in any potential or perceived conflict of interest.
•Sponsorships will only be approved with corporations, organizations or individuals who wish to contribute, based solely on their support of the mission and objectives of the City. While acknowledgement of the sponsor’s official business, name and/or affiliation is important for positive appreciation, the donor recognition program, including wording used on donor recognition/individual appeal plaques, shall not be allowed for marketing or advertisement of specific products, projects or campaigns. •See Policy Section on Elected Officials for clarification of Sponsorship Naming involving individuals serving in an elected office capacity.

E. COMMEMORATIVE OR SPONSORSHIP NAMING INVOLVING ELECTED OFFICIALS Extreme care is to be used in consideration of naming a public park or facility in recognition of elected public officials.

1. Commemorative Naming Guidelines for Elected Officials To be considered for Commemorative Naming of a park, facility or amenity in the name of a Federal, State or Local elected official for their contributions associated with their elected office, the individual must not have served in elected office for which they are being recognized for at least one year. Exceptions are at the discretion of the City Council and will only be considered when extenuating circumstances exists.

2. Sponsorship Naming Guidelines for Elected Officials
For the purposes of recognizing a financial contribution through a negotiated sponsor agreement through an approved fundraising campaign, a building, room or amenity may bear the name of an elected official if specific conditions are met, including approval of a formal written agreement outlining the terms and conditions of the Naming Rights. The individual must not have served in the elected office from which they assisted with the financial contribution for at least one year. Final approval is at the discretion of the City Council.

F. APPROVAL PROCESS
Initiation of naming can occur at the Department level or by a member of the community. City staff may solicit community input for the naming of a public facility or commence an ad hoc committee for a planned project. Naming opportunity recommendations shall be forwarded for approval to the City Council from the appropriate Department, Board, Committee or Commission.

Depending upon the park or facility beginning considered for naming, the following guidelines apply:

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CITY OF RANCHO CUCAMONGA - NAMING OF PARKS AND FACILITIES POLICY PAGE 5

1. Park or Recreational Facility or Amenity
•General naming or Commemorative naming opportunities for parks and recreational or cultural facilities shall be researched by the Community Services Department and taken for review to the Park and Recreation Subcommittee. The Subcommittee will forward a final recommendation to the City Council for approval.
•Sponsorship naming rights for recreational or cultural facilities shall be solicited and negotiated by the Community Services Department and taken for review to the Park and Recreation Subcommittee. The Subcommittee will forward a final recommendation to the City Council for approval.

2. Library Facility or Amenity
•General naming or Commemorative naming opportunities for library facilities shall be researched by the Library Services Department and taken for review to the Library Board of Trustees. The Board will forward a final recommendation to the City Council for approval.
•Sponsorship naming rights for library facilities shall be solicited and negotiated by Special Campaign Committee in conjunction with the Library Services Department and taken for review to the Library Board of Trustees. The Board will forward a final recommendation to the City Council for approval.

3. Other Facilities or Amenities
•General naming opportunities for other facilities shall be reviewed by the appropriate Department and forwarded to the City Council for final approval. •Sponsorship naming rights for other facilities shall be solicited and negotiated by the appropriate Department and forwarded to the City Council for final approval.

Page 33 ends

DATE:October 2, 2024
TO:Mayor and Members of the City Council
President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Elisa Cox, Assistant City Manager/Administrative Services Director Tori Roberts, Interim Finance Director
Hiram Zavala, Management Analyst II

SUBJECT: Consideration to Receive and File Current Investment Schedules as of August 31, 2024, for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
RECOMMENDATION:

Staff recommends that the City Council/Board of Directors of the Fire Protection District receive and file the attached current investment schedules for the City of Rancho Cucamonga (City) and the Rancho Cucamonga Fire Protection District (District) as of August 31, 2024.

BACKGROUND:

The attached investment schedules as of August 31, 2024, reflect cash and investments managed by the Finance Department/Revenue Management Division and are in conformity with the requirements of California Government Code Section 53601 and the City of Rancho Cucamonga’s and the Rancho Cucamonga Fire Protection District’s adopted Investment Policies as approved on June 27, 2024.

ANALYSIS:

The City’s and District’s Treasurers are each required to submit a quarterly investment report to the City Council and the Fire Board, respectively, in accordance with California Government Code Section 53646. The quarterly investment report is required to be submitted within 30 days following the end of the quarter covered by the report. However, the City and District Treasurers have each elected to provide this report on a monthly basis.

FISCAL IMPACT:

None.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

The monthly investment schedule supports the City Council’s core value of providing and nurturing a high quality of life for all by demonstrating the active, prudent fiscal management of the City’s investment portfolio to ensure that financial resources are available to support the various services the city provides to all Rancho Cucamonga stakeholders.

ATTACHMENTS:

Attachment 1 - Investment Schedules (City)
Attachment 2 - Investment Schedules (Fire)

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DATE: October 2, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jennifer Hunt Gracia, Community Services Director SUBJECT: Consideration of an Amended Joint Use Agreement Between the City of Rancho Cucamonga and the Chaffey Joint Union High School District for the Use of School District Sports Fields. (CITY)
RECOMMENDATION:

Staff recommends the City Council authorize approval of an amended Joint Use Agreement between the City of Rancho Cucamonga and the Chaffey Joint Union High School District for the use of school district sports fields.

BACKGROUND:

In 2002, the City of Rancho Cucamonga and Chaffey Joint Union High School District (District) entered into a joint use agreement allowing the City to schedule District owned and operated facilities for recreation purposes and community use.

The agreement established new terms, conditions, and responsibilities of each of the parties and specified the facilities available for City sponsored activities and for the members of the Sports Advisory Committee (Rancho Cucamonga based youth non-profit sports groups). This agreement resulted in a greater priority for the Sports Advisory Committee’s use of high school sports fields.

The joint use agreement was amended previously in 2011 and in 2018.

ANALYSIS:

Since the last amendment in 2018 to the agreement, changes in high school daily schedules and additional high school sports have necessitated an amended agreement. The usage of high school sports fields for the Sports Advisory Committee has been reduced over the years.

The new agreement includes the following revisions:
a) reduction in the annual financial contribution from City to Chaffey Joint Union High School District;
b) reduction to the times school fields are available to the City for scheduling; c) alteration to the schedule the District will communicate availability of school sports fields to City; and
d) requirements of Sports Advisory Committee organizations utilizing District fields.

The Chaffey Joint Union High School District Board approved this amended Joint Use Agreement on Tuesday, August 13, 2024.

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2 5
2 4
FISCAL IMPACT:

Upon amendment approval, the amount budgeted by the City to pay Chaffey Joint Union High School District for Fiscal Year 2024/2025 will be reduce from $48,780 to $33,000 and subsequent years will include annual CPI increases to the budgeted amount. Funds are budgeted in the current fiscal year operating budget, General Fund, Contract Services/Chaffey Joint Union High School District: F001CC405SC2106P0001. Future years will be budgeted during the annual budget process.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This amended agreement with the Chaffey Joint Union School District meets the City Council Core Values of intentionally embracing and anticipating the future and working together cooperatively and respectfully with all stakeholders.

ATTACHMENTS:

Attachment 1 - Joint Use Agreement

Page 102 ends

THIRD AMENDꢄD ANꢢ RESTATꢄD JOIꢅT USꢄ AGRꢄꢄMꢄꢅT BY AND ꢀꢁꢂꢃꢄꢅ THꢄ CHAFFꢄY ꢆOꢇT UꢅIOꢅ HIGH SCHOOL DISTRICT
AꢅD THꢄ CITY OF RANCHO CUCAMOꢅGA ("AGREEMEꢅTꢍ)
This Agreement ("Aꢪꢐeement") was oꢴiꢪinꢑlꢛy enteꢐed into and becꢈe eﬀective on tꢙe 6 ꢀ dꢑy of Novembeꢐ, 2002 ("Eﬀective Dꢑteꢍ) by ꢑꣂd between tꢙe Cꢙꢑﬀey ꢆoint Union Hiꢪꢏ Scꢙooꢛ Distꢴꢠct ("ꢉisꢊꢋcꢌꢍꢎ ꢑnd ꢼꢏe City ofRꢑncꢙo Cucꢑmonꢪꢑ ("Ciꢹyꢍ). Tꢏe Aꢪꢐeement was tꢏeꢐeꢑꢒeꢐ ꢓended and ꢐestꢑteꢱ on the 4 ꢁ dꢑy ofAꢔꢪꢔst, 2011 ꢑnd on tꢙe 16tꢙ dꢑy ofJanꢔꢕꢖꢗ 2018, ꢑꣂd heꢐeby tꢙe Aꢪꢐeement is ꢑmended anꢱ ꢐestꢑted as set ꢘꢐtꢙ ꢏeꢐein, on ꢼhe 13tꢙ dꢑy of Auꢪꢔst, 2024, ꢑlꢛ otꢙeꢐ veꢐsions of tꢏe Aꢪꢐeement beinꢪ supeꢐseꢱed in tꢏeiꢐ entiꢐetꢖ.

Section 1: Intent of tꢏe Pꢑꢴties.

Disꢊict owns ꢑnꢱ opeꢐꢑtes seveꢐꢑꢛ ꢚciꢛꢜties tꢏꢑt are oꢐ cꢑn be ꢺtilized ꢘꢐ ꢐecꢐeꢑtion purposes. City desiꢐes to obtꢑin the ꢐꢋꢪht to ꢔtiꢞize tꢙe District's ꢝciꢞities ꢟꢐ its ꢐesidents' ꢐecꢐeꢑtion ꢑctivities ꢑt no cost oꢐ bꢔꢐden to Disꢊꢠctꢡ Ciꢹy anꢱ Distꢐꢠct be꣆ieve tꢏe joint ꢔse of tꢙe ꢢisꢣict ꢚꢤiꢛities wiꢛꢛ be beneﬁciꢑꢛ to botꢙ entities and wilꢛ mꢑximize tꢙe ꢐecꢐeꢑtionꢑꢛ oppoꢐtꢔnities ꢑvꢑilꢑbꢛe to tꢙe constituents witꢏin eꢑcꢏ entiꢥꢦs juꢐisdiction. This Aꢪꢐeement is intended to establisꢙ the teꢧsꢨ conditions anꢱ pꢐomises by wꢙicꢏ City ꢑꣂd District wil꣆ pꢴovide ꢩꢐ tꢙe ꢛonꢪ-teꢫ ꢔse of tꢙe ꢝcilitꢠes ꢘꢐ ꢐecꢐeꢑtion pꢬosesꢭ City and Disꢣict eacꢏ jointꢛy and sepꢮteꢯy ꢑꢪꢐee ꢑnꢱ ꢑcknowꢛedꢪe tꢙꢑt the baꢐꢪained ꢘꢐ pꢴomises, duties ꢰꢱ covenants of tꢙe otheꢐ aꢐe vꢑlꢔꢑble consideꢐꢑtion tꢏꢑt eacꢙ is ꢐelꢖinꢪ ꢔpon ꢲd ꢑbsent tꢙꢠs consideꢐꢑtion neiꢹꢏeꢐ would hꢑve enteꢐed into ꢹꢙis Aꢪꢐeement.

Section 2: Reꢑꢛ ꢳꢴoꢵeꢶ Sꢔbject to this Agꢐeement.

Tꢙe District intends Ciꢹy to be abꢛe to jointꢞy ꢔse onꢛy tꢙe District's ꢙiꢪꢙ scꢏools, pꢐesent ꢲꢷ ꢸꢹꢺꢐe wꢏicꢙ aꢐe locꢑted wꢋthin City, ꢟꢐ joint ꢔse. The speciﬁc list of hiꢪꢙ scꢙools ꢑnd sites tꢙꢑt ꢑꢐe ꢐeꢪulꢑted bꢖ tꢏis Aꢪꢐeement (in wꢙoꢛe oꢐ pꢻ "Fꢑcilitiesꢍ) ꢑꢐe set ꢟꢐꢼꢙ on Eꢽibit A. Tꢙe ꢱescꢴꢠbed ꢐeꢑꢛ pꢐopeꢾy mꢑy be ꢑ poꢐtion ofꢑ ꢛꢑꢐꢪeꢐ pꢑrceꢛ. In sucꢙ ciꢐcumstance tꢙe pꢿies anꢱ tꢙeiꢐ inviteesꢨ licensees ꢑnd ꢐepꢐesentꢑtives mꢑy, by mꢔꢼꢔꢑꢯ ꢑꢪꢐeement ꢔtilize ꢑꣂy ꢐeꣀonꢑbꢛe poꢴtion of tꢙe entiꢐe paꢐceꢛ in a ꢐeꣁonꢑbꢛe mꢲꣂeꢐ so ꢑs to eﬀectuꢑte the intent ofꢼꢏis Aꢪꢐeement. Disꢼꢴict ꢑꢪꢐees to, ꢑt ꢑlꢛ times, mꢑintꢑin ꢼꢙe Fꢑciꢛities in ꢑ sꢑfe and ꢐeꣀonꢑbꢛe condition ꢑnd in ꣃlꢛ accoꢐd witꢙ ꢑlꢛ ꢛꢑws and ꢐeꢪꢔlꢑtions ꢐeꢪꢔlatinꢪ ꢼꢙe sꢔbject ꢐeꢑꢯ pꢐope꣄ꢖ ꢑnꢱ tꢏe manaꢪement tꢙeꢐeof, and tꢙe City ꢑꢪꢐees to, ꢑt ꢑlꢛ timesꢨ ꢔse the Fꢑciꢛities in ꢑ sꢑfe ꢑnd ꢐeꣀonꢑbꢛe conꢱition and in ꣅꢛ꣆ accoꢴd wꢋth the teꢐms oftꢏis Aꢪꢐeement ꢑnd ꢑlꢛ lꢑws ꢑnd ꢐeꢪuꢛꢑtions pertaininꢪ to sꢔcꢙ ꢔse.

ATTACHMENT 1
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Section 3: Use and Scheꢄuling Prꢀoꢁiꢂ.

A. Disꢣrict's hiꣁh schooꢬ sponsoꢁed activities shaꢨꢨ, ꢞnless otherwise ꢆꣁꢁeed to by City ꢃꢄ ꢭistꢁict, be ꢆccꢔꢁded the ﬁꢁst pꢁioꢁiꢿy in ꢿhe scheduꢨing ofthe Faciꢨities' ꢞse as speciﬁeꢄ in this Aꣁꢁeement. Ciꢅ sponsored oꢾ schedꢞꢬed ꢆctivities shꢆꢨꢬ hꢆve a secondꢆꢇ prioꢾity. In adꢄition, ꢭisꢣꢁꢀct ꢯiꢨꢬ, ꢯheneveꢁ possibꢨe, pꢁovide ꢿhe City ꢯith scheꢄꢞꢬing prꢀoꢁity oveꢁ aꢨꢨ oꢣheꢁ oꢞtside oꢁganizꢆtions. Distꢁict agrees to ꢞse its best eﬀoꢁꢿs to make these Faciꢬities ꢆvꢆiꢨabꢨe to City and Ciꢅꢈs ꢨicenses and invitees, ꢉ oꢊen anꢄ ꢋꢁ ꢉ ꢨong ꢆ tiꢲe as is possibꢨe. Sꢞbject to ceꢌꢆin exceptiꢔns described beꢨoꢯ, once ꢆ Fꢆciꢬiꢿy is scheꢄꢞꢨed ꢍꢁ City event use thꢆt ꢁeseꢁvatiꢔn shaꢬl not be sꢞbject to canceꢨꢬation, ꢨimitꢆtion, ꢆlteratiꢔn or ꢁesꢎictꢏon ꢉ a ꢁesuꢨt of ꢐisꢑctꢒs subseqꢞentꢨy arisinꣁ ꢞse, except ꢉ speciﬁcaꢬꢨy permitteꢄ by this Aꣁreeꢜent.

B. Exceptions.

1. Disꢓct shaꢬꢨ have schedꢞꢨinꣁ pꢁiviꢬeꣁes in cꢔnꢍꢕance ꢯꢏꢿh the CIF ꢬeague ꣁames puꢁsꢞaꢺt to the scheꢄꢞꢬe Disꢖict shꢆlꢨ deꢨiveꢁ to Ciꢅ, provided sꢆꢜe is avaꢀlabꢬe to the Distꢁꢚct, by Augꢞst 1 st of each yeꢗ ꢘꢁ ꢿhe subsequent schooꢬ year and suꢳꢲer ꢜonꢿhs (Augꢞst 1 - Jꢞꢬy 31).

2. Disꢎict shaꢨꢨ hꢆve scheꢄꢞꢨinꣁ pꢁioꢁity ꢘꢁ ꢆlꢨ CIF ꢨeꢆgꢞe pꢬꢆyoﬀgaꢜes, provided thꢆt District deꢨiveꢁs City tꢫe pꢬꢆyoﬀgame schedꢞꢨes in ꢆ timeꢬy manꢺeꢁ ꢆꢙer Disꢖꢚct receives the pꢨayoﬀschedule ꢛoꢜ CIF. ꢝꢞrꢟeꢁꢠ ꢄꢞrꢚnꣁ the pꢨayoﬀpeꢡoꢄꢢ a Disꢿrict team invoꢬved in ꢿhe coꢜpetition ꢜꢆy, ꢞpon ꢘrꢣyꢤeiꢥhꢦ (48) houꢁ advance notice to City, ꢞtiꢬize the Faciꢨity they designꢆte ꢞntiꢬ 6:00 p.m. on ꢧy day.

3. Student Heaꢨꢿh and Safeꢣy Reschedꢞꢨing. In the coꢞrse of eꢆch month, "Extreme Cꢨiꢲꢆte Conditions" may ꢁeqꢞiꢁe ꢦꢫe postponeꢜent, deꢬay oꢁ other ꢆꢄjusꢿment ofschooꢨ ꢆthꢬetic schedꢞꢨes. "Extreme Climate Conditions" meꢃs that either ꢿhe tempeꢁꢆtꢞre or air qꢞaꢨiꢩ conditions aꢁe ꢆt ꢆ ꢬeveꢬ ꢯhich has been ꢄeeꢜed unsafe or ꢪꢫeaꢬthy by ꢜedicꢆl experꢿs ꢣhe ꢭisꢎꢚct has deemed reꢬiabꢨe. ꢭistꢁict ꢁeserves the right ꢣo pꢁeempt City events to ꢆccommodꢆte ꢦhe reschedꢞꢬinꣁ ꢔf schooꢨ athꢬetic events dꢞe to the occuꢮence of Exꢿreꢜe Cꢬiꢜate Conditions. This right is ꢬiꢜited as ꢋꢬꢨoꢯsꢰ ꢆ. ꢭisꢎict shꢆꢨꢬ notiꢱ Ciꢣy iꢲꢳediꢴeꢨy ꢞpon Disꢵictꢶs ꢄeterꢜinꢷion tꢫꢆt event ꢁescheꢄuꢬing is necessary.
b. No preeꢜption ofa Ciꢦy eveꢺt shalꢬ be peꢁꢜiꢸed if City hꢉ schedꢞꢨed ꢞse aꢙer dark on a ﬁeꢨd ꢯhere the Ciꢿy has instꢆꢬꢬed oꢁ ꢹꢺꢄed ꢿhe ꢨighting eqꢞipꢜent ꢆt ꢿhe ﬁeꢨd. c. ꢭistꢁict ꢜꢆy eꢨect to ꢞtiꢬize ꢿhe Fꢆciꢨity Ciꢿy has ꢁeseꢻed pꢞꢁsꢞꢆnt to Section 4.

4. Disꢣrꢀct Speciaꢨ Usaꣁe. Disꢿꢾict mꢆy ꢁeqꢞest, and Ciꢿy agꢁees to use its best ꢁeasonable eꢼoꢽs to ꢆccomꢲoꢄꢆte ꢞniqꢞe Disꢖꢚct reꢨated ꢞsꢆge (e.ꣁ., mꢆrchinꣁ Band oꢁ ROTC practice.) ꢭistrict shꢆꢨꢨ pꢁovide City ꢘꢾꢿyꣀeiꣁht (48) hours' notice of sꢞch ꢁequest. Disꢿrꢏct ꢜꢆy eꢨect tꢔ utiꢨize the Faciꢬity Ciꢿy has ꢁeseꣂed 2

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DATE:October 2, 2024
TO:Mayor and Members of the City Council
President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Micah, Martin, Public Works Services Director Mike McCliman, Fire Chief
Ruth Cain, CPPB, Procurement Manager
Andy Miller, Facilities Superintendent
Andrea Bauer, Management Analyst II
SUBJECT: Consideration of the Purchase of Electrical Supplies in an Amount Not to Exceed $200,000 from Consolidated Electrical Distributors During FY 24/25 and $100,000 through December 31, 2025. (CITY/FIRE) RECOMMENDATION:

Staff recommends the City Council and Board of Directors award the purchase of electrical supplies on an as-needed basis from Consolidated Electrical Distributors of Ontario, in accordance with Request for Bids (RFB) #24/25-107, in an amount not to exceed $200,000 during Fiscal Year 2024/2025 and $100,000 through December 31, 2025.

BACKGROUND:

Quality electrical parts and supplies are essential in maintaining safe and functional City and Fire facilities. These components are utilized in parking lots, internal and external building lighting systems, sport lights, and electrical distribution systems. It is critical to use quality electrical materials to sustain the City’s operations and ensure the longevity of all City and Fire facilities.

Electrical parts and supplies such as lamps, ballasts, circuit breakers, and wire are required to perform repairs necessary to ensure that the City and Fire facilities are well maintained and safe for the community.

ANALYSIS:

The Public Works Services Department provided the Procurement Division with specifications for review and to determine the best method of procurement for electrical supplies from the top qualified and most responsive vendors. The Procurement Division prepared and posted a formal Request for Bid (RFB) #24/25-107 for the purchase of “Electrical Supplies on an as Needed Basis” to the City’s automated procurement system. RFB #24/25-107 required pricing through December 31, 2025. This enables the continued purchase of electrical parts and supplies during the first half of FY 2025/2026 while a procurement is conducted for the following year. There were 547 notified vendors, 22 prospective bidders downloaded or reviewed the solicitation documentation, and 3 responses received. Consolidated Electrical Distributors was the lowest qualified responsive vendor.

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All applicable bid documentation is on file in the City’s electronic bidding system and can be accessed through the City’s web page.

FISCAL IMPACT:

The proposed purchase of electrical parts is within the various operations and maintenance budget accounts in the adopted FY 2024/2025 budget and will be adjusted as necessary contingent upon the approval of the FY 2025/2026 budget.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addresses the City Council core values of promoting and enhancing a safe and healthy community for all in ensuring City and Fire District facilities are properly maintained.

ATTACHMENTS:

None.

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DATE: October 2, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Michael Parmer, Assistant to the City Manager SUBJECT: Consideration to Approve a Cooperative Agreement Between the City of Rancho Cucamonga and Cucamonga Valley Water District for the Approved Wildfire Early Detection System Project; and Authorization to Appropriate $333,850 for the FIREBird Wildfire Detection Device System. (CITY)
RECOMMENDATION:

Staff recommends the City Council approve a cooperative agreement between the City of Rancho Cucamonga and Cucamonga Valley Water District for the approved wildfire early detection system project; and appropriate $333,850 for the FIREBird wildfire detection device system.

BACKGROUND:

The northern boundary of the City consists of a wildland-urban interface between the residential Alta Loma and Etiwanda neighborhoods and the foothills of the San Gabriel mountains, all located in a Very High Fire Hazard Severity Zone. This area is particularly vulnerable to the risks of wildfire due to the rugged terrain and high wind events caused by gusting Santa Ana winds, which can cause wildfires to spread rapidly. In 2003, the Grand Prix Fire, part of the Grand Prix incident – Padua – Old Wildfire complex, caused an estimated $1.3 billion in damages. The area also experienced the 2014 Etiwanda Fire, the Thorpe Fire in 2020 that ignited a small fire near Almond and Mai Streets, and, most recently the Bridge Fire which came perilously close to the City’s western boundary.

In June 2022, Assemblymember Chris Holden (District 41) secured $1,900,000 in pass through grant funding that was included in the adopted budget trailer bill – Senate Bill (SB) 178 (SEC.

19.56. (AO) (19)). The funds, administered through CalOES, are to be used to implement a wildlife early detection system.

The proposed early wildfire detection system, FIREBird, is produced by Lindsey FireSense LLC, of Azusa, CA. The FIREBird system is designed specifically to detect and report wildfires as small as 5 x 5 feet, up to a detectable distance of 900 feet, typically in less than two minutes. Rapid detection results in faster fire response and smaller fires to contain. The goal of the system is to save significant resources, money, and most importantly, lives. The funding will install the FIREBird camera units along the City’s northern border and provides funds for ongoing training, maintenance, and implementation.

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ANALYSIS:

Shortly after funding was secured for the wildfire early detection system, the City approached the Cucamonga Valley Water District (CVWD) to collaborate on installing the FIREBird system devices at key CVWD locations and critical assets throughout the City’s northern boundaries and into the foothills from City limits in the west to City limits in the east. This strategic placement of the wildfire early detection system aims to enhance fire safety, improve emergency response times, and optimize resource management for effective wildfire response and prevention for the benefit of City residents and CVWD customers.

The Cooperative Agreement (Exhibit 1) includes the following key terms:
Term and Termination: The Agreement will automatically terminate upon the removal of all Devices from CVWD Assets. Either party may terminate the Agreement for cause.

Additionally, either party may elect to terminate the Agreement with at least one (1) year’s prior written notice to the other Party for any reason or no reason.  CVWD shall have the right to review plans and specifications for installation of the Devices and shall have the right to monitor the City’s work.
 The City will provide CVWD with access to the imagery and data collected from the Devices.  The Devices will be independent of existing CVWD Assets, facilities, infrastructure, light poles, towers, fencing and power supplies. Any request for a connection to such facilities, to any degree whatsoever, shall be subject to the prior written consent of CVWD which may be granted or denied in CVWD’s sole discretion.

California Environmental Quality Act (CEQA) Determination It has been determined that approval of the Cooperative Agreement is categorically exempt from CEQA pursuant to the Class 3 categorical exemption set forth in State CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures). The Class 3 categorical exemption applies to (1) the construction and location of limited numbers of new, small facilities or structures (including structures up to 2,500 square feet), and (2) the installation of small new equipment and facilities in small structures.

FISCAL IMPACT:

In addition to the consideration of approval by Council of the Cooperative Agreement, staff requests the City Council authorize the appropriation of $333,850 into account number 1274208- 5650 (Capital Expenditures) for the purchase of ten (10) FIREBird wildfire early detection camera systems, mounting brackets, a 6-year subscription to the Lindsey’s FIRESense web portal, 6- years of cellular data service, and field and office engineering services and training.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all.

ATTACHMENTS:

Attachment 1 - Cooperative Agreement – City of Rancho Cucamonga Wildfire Early Detection System

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1 COOPERATIVE AGREEMENT

BETWEEN THE CITY OF RANCHO CUCAMONGA

AND THE CUCAMONGA VALLEY WATER DISTRICT

FOR THE EARLY WILDFIRE DETECTION SYSTEM

PROJECT

1. Parties and Date
THIS COOPERATIVE AGREEMENT ("Agreement") is made and is effective this _______day of ____________, 2024, ("Effective Date") by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation ("City"), and CUCAMONGA VALLEY WATER DISTRICT, a public agency ("CVWD"). City and CVWD are individually referred to herein as "Party" and collectively as "Parties."

2. Recitals

2.1 The City is implementing an Early Wildfire Detection System Project ("Project") which includes installation of Lindsey FIREBird devices in certain parts of the City. Said devices provide wildfire detection and notification through sensors and optical imagery (“Devices”). The City intends to place the Devices on certain lands and affix them to poles and other equipment owned by CVWD (collectively, "Assets") as part of the Project. The City desires to power the Devices that are installed on the Assets by connecting the Devices to either available electrical (AC) power supplies or by installing solar panels to the Assets (collectively, "Improvements"). The City is the Lead Agency on the Project and shall be responsible, at its sole cost and expense, for the coordination and construction of said Improvements on Assets and for installation, operation, and maintenance of the Devices.

2.2 The Project is located within the jurisdictional boundaries of both the CVWD and the City. Wildfire detection through implementation of the Project will provide benefits to City residents and CVWD customers.

2.3 The Parties desire to set forth their respective responsibilities and obligations in regard to each Party's participation and funding of the Project.

3. Terms

3.1 Term. The term of this Agreement shall commence upon the Effective Date and shall remain in effect until terminated pursuant to Section 3.4.4.

3.2 City’s Responsibilities. City shall:

3.2.1 Prepare all plans and specifications for the construction of Improvements and installation of Devices (collectively, the “Work”) on Assets and provide final plans and specifications to CVWD for its prior approval, which shall not be unreasonably withheld. City shall submit each package of plans and specifications ATTACHMENT 1

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2 for an Improvement and/or Device to CVWD, which may be permitted individually on a case-by-case basis. Upon approval of said plans and specifications by CVWD, City shall then be permitted to proceed with the Work. City shall notify CVWD of the date and time of all Work. CVWD shall have the right to inspect and otherwise monitor all Work. CVWD’s rights to review plans and specifications, and to inspect and monitor Work, shall not be deemed to be any representation or warranty by CVWD as to compliance of the Work with applicable laws and regulations or with the plans and specifications.

3.2.2 The City shall provide written notice to CVWD upon completion of the Work. Throughout the term of this Agreement, CVWD reserves the right to require the City to remove or relocate any Improvement or Device which CVWD determines, in its reasonable discretion, to be interfering with CVWD’s operations.

3.2.3 The City shall provide CVWD with full unrestricted access to imagery and data collected from the installed Devices in the same manner and at the same time as said imagery and data are accessible to the City. The Parties herby acknowledge and agree that CVWD’s willingness to enter into this Agreement, and the consideration therefor, is contingent upon the City providing the access to imagery and data as described herein.

3.2.4 The City shall provide inspection services for the Work. CVWD shall have the right to inspect and provide comment to the City for the City's consideration in directing the City’s contractor and making changes, though ultimate control of the contractor rests with the City.

3.3 CVWD's Responsibilities. CVWD shall:

3.3.1 CVWD understands that the City is gaining access to Assets for the purposes of the Work. It is understood by all Parties that all Devices and Improvements will be independent of existing CVWD Assets, including facilities, infrastructure, light poles, towers, fencing, and power supplies. Any request for a connection to such facilities, to any degree whatsoever, shall be subject to the prior written consent of CVWD which may be granted or denied in CVWD’s sole discretion.

3.3.2 CVWD shall provide reasonable effort and in a timely fashion process all construction applications by the City and/or the City's contractor for the Work, but in no case may CVWD take longer than twenty-eight (28) days to review and approve a City submittal of plans and specifications for CVWD approval. If CVWD takes more than twenty-eight (28) days to review and approve a submittal, City may provide notice to CVWD and CVWD shall then have fourteen (14) days to cure such failure to act on the submittal. If CVWD does not act within such cure period, the submittal shall be deemed approved.

3.3.3 CVWD shall not direct the City's contractor on any portion of the Work, except for activities or actions of the contractor that pose a possible danger

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3 to human safety or damage to Assets.

3.3.4 If CVWD finds any Work not acceptable or not consistent with this Agreement or permit for the respective Work, CVWD shall notify the City immediately so that the Work may be corrected to meet the satisfaction of this Agreement and permits.

3.3.5 CVWD shall have the right to deny the permitting of an Improvement or Device at any given Asset.

3.3.6 At no cost to City, CVWD conveys to City a license to use CVWD Assets in accordance with this Agreement, which may not be revoked except as provided in Section 3.3.7.

3.3.7 CVWD shall also have the right to revoke an already permitted and installed Improvement or Device at any given time. CVWD shall provide an explanation in writing for revoking the permit. CVWD shall allow the City one (1) year to complete the removal and relocation of any revoked Improvement or Device.

3.4 General Provisions.

3.4.1 The Project is primarily the installation, construction, continued operation and maintenance of the Improvements and Devices. The City’s involvement is to construct, install, operate and maintain the Improvements and Devices.

3.4.2 The City shall indemnify, defend, save and hold harmless CVWD, its elected officials, officers, directors, employees, agents, and volunteers from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, property damages, or any claims caused by the willful actions or active negligence of the City, its elected officials, officers, directors, employees, agents, volunteers, contractors or subcontractors in the performance of its obligations pursuant to this Agreement and throughout the duration of this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim.

3.4.2.1 The City shall require the contractor(s) and their subcontractor(s) completing the Work to indemnify CVWD in the same manner and in the same extent as the City under any agreement for the construction of Work between the City and each contractor(s).

3.4.2.2 Additionally and as a separate and independent
requirement, the City shall require the contractor(s) and their subcontractor(s) completing the Project to name CVWD as an additional insured on all policies of insurance required by the City and under any agreement for the construction of the

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4 Work between the City and each contractor(s) in the same manner and in the same extent as the City.

3.4.3 CVWD shall indemnify, defend, save and hold harmless the City, its elected officials, officers, directors, employees, agents, and volunteers from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, property damages, or any claims caused by the willful actions or active negligence of CVWD, its elected officials, officers, directors, employees, agents, volunteers, contractors or subcontractors in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim.

3.4.4 This Agreement shall, unless terminated earlier by either Party, automatically terminate upon the date on which all City facilities relating to the Project have been removed from CVWD Assets. Either Party may terminate this Agreement, for cause, based on a material breach by the other Party, following written notice of such breach to the other Party and a reasonable opportunity for cure. Notwithstanding the foregoing, either Party may elect, in its sole discretion, to terminate this Agreement upon at least one (1) year prior written notice to the other Party.

3.4.5 All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the. respective Parties may provide in writing for this purpose:

To CVWD:

Cucamonga Valley Water
District
10440 Ashford Street
P.O. Box 683
Rancho Cucamonga,
CA 91729 Attn:

Director of
Operations
To City:

City of Rancho Cucamonga
10500 Civic Center Dr.

Rancho Cucamonga,
CA 91729 Attn: City
Manager

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5 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address.

3.4.6 If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall constitute in full force and effect.

3.4.7 This Agreement contains the entire Agreement between the Parties and supersedes any prior oral or written statements or agreements between the Parties. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.

3.4.8 This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

3.4.9 Time is of the essence for each provision of this Agreement in which a deadline is provided.

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

Cucamonga Valley Water District
By: ______________________________
Name Date

______________________________
Title
City of Rancho Cucamonga

By: ______________________________
Name Date

______________________________
Title
City of Rancho Cucamonga

By: ______________________________
Name Date

______________________________
Title

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DATE: October 2, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Michael Parmer, Assistant to the City Manager SUBJECT: Consideration to Approve a Single-Source Procurement and Execute a Professional Services Agreement with Entrust Solutions Group in an Amount Not-To-Exceed $120,000 for the Necessary Design, Engineering, Permitting, Plan Review, and Project Management for the Distribution of the Fiber Optic Network as Part of the City’s Fiber Optic Master Plan. (CITY)
RECOMMENDATION:

Staff recommends the City Council approve a Single-Source Procurement and execute a Professional Services Agreement with Entrust Solutions Group in an Amount Not-To-Exceed $120,000 for the necessary design, engineering, permitting, plan review, and project management for the distribution of the fiber optic network as part of the City’s Fiber Optic Master Plan.

BACKGROUND:

Entrust Solutions Group (Entrust) has worked with municipalities throughout the United States to deliver large-scale fiber broadband projects. They have expertise in navigating local regulations, permitting processes, and community engagement which is crucial for timely project completion.

In 2018, the City of Rancho Cucamonga and Entrust Solutions Group (previously known as Magellan Advisors, LLC) entered into a Professional Services Agreement (CO18-103) to provide the necessary design, engineering, permitting, and project management for the distribution of the fiber optic network as part of the City’s Fiber Optic Master Plan (Plan), including the operational parameters to connect the new fiber backbone to the City’s existing infrastructure. The original contract was approved at the regular City Council meeting on August 15, 2018 and had four (4) one- (1) year renewal options, ending June 30, 2024.

ANALYSIS:

As the City’s municipal broadband network continues to expand, design services and project management are necessary for new development in determining new fiber connections and line extension opportunities for the Plan. The Entrust Solutions, Inc. staff continues to coordinate bi-weekly project update meetings with City staff, our Internet Service Provider (ISP) Onward, and our fiber optic construction team, Elecnor Belco. Given Entrust Solution’s knowledge of the project and master plan (developed in coordination with the City in 2017), along with their qualifications and expertise in the field, it is recommended that the City continue utilizing their services to monitor and provide oversight of the fiber optic design to ensure the project scope is maintained and achieved.

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2 5
6 2
In order to continue to provide continuity of service, staff solicited a renewed proposal (Exhibit 1) from Entrust. Staff recommends the City Council approve a Single-Source Procurement and execute a Professional Services Agreement with Entrust Solutions, Inc. in an Amount Not-To-Exceed $120,000 for the necessary design, engineering, permitting, plan review, and project management for the distribution of the fiber optic network.

FISCAL IMPACT:

Fund from the Fiber Optic Network Fund (Fund 711) in the amount of XXX is included in account 1711303-5650/1910711-0 (Capital Projects – RC Fiber Network). Under the agreement, Entrust Solutions, Inc. receives a monthly payment of $4,500 ($54,000 per year) for project management services, including bi-weekly meetings with the City and the City’s contractors. The remaining funding is utilized on an as-needed basis for design services on new extensions and development of bill of materials as well as updating as-built drawings for inclusion into the City’s GIS system.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. Further, the implementation of the Fiber Optic Master Plan will enhance the City’s mission to embrace and anticipate the future of the community though an enhanced 21 st century infrastructure that is critical for economic development for existing and new businesses as well as residential customers ATTACHMENTS:

Attachment 1 - Single Source Justification Form
Attachment 2 - Single Source Justification Memo
Attachment 3 - Entrust Proposal

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I:\PURCHASE\TEMPLATES, FORMS\RFQ,RFQual,RFB,RFP TEMPLATES\Sole Source Justification Form.doc

CITY OF RANCHO CUCAMONGA

SINGLE/SOLE SOURCE JUSTIFICATION
FOR PURCHASES $8,500 AND ABOVE
The below information is provided in support of my Department requesting approval for a single/sole source. Outside of a duly declared emergency, the time to develop a statement of work or specifications is not in itself justification for single or sole source.

V
endor:________________________________________Date: __________________ Commodity/Service:_____________________________________________________ Estimated expenditure: __________________Your Name: ______________________ Extent of market search conducted: ________________________________________ _____________________________________________________________________ Price Reasonableness:__________________________________________________ Does moving forward on this product/service further obligate the City to future similar contract actual arrangements? _____________________________________________ _____________________________________________________________________ DE
FINITIONS:

SINGLE SOURCE – a transaction with a business entity that is chosen, without competition, from among two or more business entities capable of supplying or providing the goods or services that meet the specified need.

SO
LE SOURCE - A transaction with the only business entity capable of supplying or providing the goods or services that meet the specified need.

I
nitial all entries below that apply to the proposed purchase (more than one entry will apply to most single/sole source products/services requested). If needed, attach a memorandum containing complete justification and support documentation as directed in initial entry.

T
his is a Single Source THIS IS A SOLE SOURCE PURCHASE (check one).

1. _
______ SINGLE/SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER, THERE ARE NO REGIONAL DISTRIBUTORS. (Item no. 3 also must also be completed).

2. _
______ THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum).

ATTACHMENT 1
Entrust Solutions Group
October 10, 2024
Design, engineering, permitting, and project management services for RC Fiber not-to-exceed $120,000
Michael Parmer
Reviewed alternative consulting companies that fit
the need of
The Agreement will be for an initial three (3) yera term with three (3), one (1) year options for renewal. unless written notice of non-renewal is given by a Party to the other Party at least ninety (90) days prior to the expiration of the current term.

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Single/Sole Source Justification Form

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I:\PURCHASE\TEMPLATES, FORMS\RFQ,RFQual,RFB,RFP TEMPLATES\Sole Source Justification Form.doc 05/23/2024

3. _______ THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE

SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application).

4. _______ UNIQUE FEATURES OF THE SUPPLY/SERVICE BEING REQUESTED. THERE IS NO ALTERNATIVE SUPPLIER. (Attach memorandum with reasons why these unique features are and what benefit the City will accrue.)

5. _______ THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION (Attach memorandum describing basis for standardization request).

6. _______ NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION

FOR THIS SINGLE/SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM.

The undersigned requests that competitive procurement be waived, and that the vendor identified as the supplier of the service or material described in this single/sole source justification be authorized as a single/sole source for the service or material.

Department Head: ____________________________ Department: _______________________

APPROVED

APPROVED WITH CONDITION/S

DISAPPROVE

Comments:_______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

$5,000 - $49,999
APPROVED BY PURCHASING MANAGER: ____________________________Date: __________

$50,000 - $150,000
APPROVED BY CITY MANAGER: ____________________________Date: __________

$150,000 AND OVER
See comments above by Purchasing Division, attach to Council Request

CITY COUNCIL ACTION: ____________________________________________Date: __________ X
City Manager' Office
✔
✔

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RECOMMENDATION:

To accept a single source procurement for Entrust Solutions, Inc. for design, engineering, permitting, and project management services for RC Fiber.

BACKGROUND:

In 2017, the City contracted Entrust (previously known as Magellan Advisors, LLC) to develop the City’s inaugural Fiber Master Plan. This plan outlined a high-level network strategy and design, prioritized infrastructure deployment strategies based on City corridors and zoning, and created a model for operationalizing municipal broadband.

In 2018, the City of Rancho Cucamonga and Entrust Solutions Group entered into a Professional Services Agreement (CO18-103) to provide the necessary design, engineering, permitting, and project management for the distribution of the fiber optic network as part of the City’s Fiber Optic Master Plan (Plan), including the operational parameters to connect the new fiber backbone to the City’s existing infrastructure. The original contract was approved at the regular City Council meeting on August 15, 2018 and had four (4) one- (1) year renewal options, ending June 30, 2024.

ANALYSIS:

Entrust has in-depth knowledge of the City’s fiber infrastructure, having designed the entire system from inception, and worked in collaboration with the City to develop adopted standards and policies that guide strategies and fiber implementation. Continuity is essential to ensuring the City can continue to leverage Entrust’s existing knowledge and experiences to ensure planning and design transitions seamlessly to construction and field operations. Entrust’s familiarity of the City’s infrastructure, planning and permitting requirements, and community dynamics will help expedite projects, reduce challenges, and troubleshoot issues expediently.

FISCAL IMPACT:

The cost of services provided by Entrust is for a monthly payment of $4,500 ($54,000 per year) for project management services, including bi-weekly meetings with the City and the City’s contractors. The remaining funding is utilized on an as-needed basis for design services on new DATE: September 23, 2024
TO: Ruth Cain, Purchasing Manager
FROM: Michael Parmer, Assistant to the City Manager
SUBJECT: Single Source Justification for Entrust Solutions, Inc. for esign, engineering, permitting, and project management services for RC Fiber.

MEMORANDUM
City Manager’s Office
ATTACHMENT 2

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extensions and development of bill of materials as well as updating as-built drawings for inclusion into the City’s GIS system.

COUNCIL GOAL(S) ADDRESSED:

Providing superior services to residents enhances the overall quality of life in Rancho Cucamonga and will support the City Council Core Values to build and preserve the City’s family-oriented atmosphere and intentionally embrace and anticipate the future.

ATTACHMENTS:

Attachment 1 – Entrust Proposal

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Contact: Marcellus Nixon
VP of Consulting and Implementation
(443) 805 6974
[email protected]
28100 Torch Parkway, Suite 400
Warrenville, IL 60555

Fiber, Project Management
and Design Services

Prepared for:

Michael Palmer
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA

September 5, 2024
ATTACHMENT 3

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TABLE OF CONTENTS:

TRANSMITTAL LETTER 3
Statement of Work 4
Phase 1 - Project Management Services 4
Phase 2 - Desktop Support for HLD, Conceptual Design & BOM Development 4 Phase 3 - Low Level Design & Construction Prints 5
PRICING PROPOSAL 6
APPENDIX – SAMPLE MSA 7

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TRANSMITTAL LETTER

September 5, 2024

Michael Palmer
10500 Civic Center Drive
Rancho Cucamonga, CA 91730

Regarding: Project Management and Design

Dear Michael,

EN Engineering (EN) would like to thank the City of Rancho Cucamonga for the opportunity to submit our proposal for continued Project Management and Design services for Rancho Cucamonga fiber-optic network expansion project.

EN Engineering (EN) is a leading national engineering services firm providing comprehensive design, engineering, and consulting services to gas and electric utilities, local governments including cities, counties, and tribes, as well as other energy and industrial end-markets. With over 3,000 professionals in 36 offices nationwide, EN offers customers an unparalleled spectrum of services with expertise in electric power transmission, substation, distribution, and fossil / renewable power generation, as well as a vast array of telecommunications services.

We look forward to putting our people and our processes to work for you, to complete services on a consistent and timely basis. We thank you for your consideration. Please do not hesitate to contact your project executive Marcellus Nixon at [email protected].

Sincerely,

Jesse Rodriguez
Executive Vice President
Commercial Operations

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Statement of Work

ENTRUST’s project management services are specifically tailored for municipalities, utilities, coops, and regional governments. Our value comes from the knowledge and expertise we have gained designing and managing backbone, fiber to the home and wireless networks across the US, resulting in millions of new homes and businesses connected to broadband over the past 20 years. Our project management resources are coupled with deep knowledge and experience of deploying, operating, and managing the Rancho Cucamonga deployment to date.

We propose to drive significantly more value to our approach to Rancho Cucamonga by delivering the following over the 2024/2025 year:

Phase 1 - Project Management Services

ENTRUST proposes to support the growing requirements of the project and preserve the historical project knowledge as the city continues to expand its fiber network. Our assigned PM will:

• Coordinate and prepare a bi-weekly meeting agenda to facilitate projects updates between the City of Rancho Cucamonga, its ISP partner, and the construction contractor as necessary to support continued expansion. • Coordinate design requests and changes to facilitate pre-design/cost estimation, actual design and development or construction drawings and Bills of Material • Coordinate as needed ad-hoc meetings with 3rd party entities the City may engage, including network users, permitting agencies, and others as necessary. • Provide ongoing project management support throughout the construction of the network that are designed to maintain quality installation and accurate reporting to the city.
• Generally, support the City’s needs in continuing planned fiber expansion.

Phase 2 - Desktop Support for HLD, Conceptual Design &
BOM Development

Design Support for High-Level Design (HLD), and conceptual routing, Bill of Materials (BOM) development, and desktop designs at an additional hourly rate. These HLDs and Cost estimation are to support Rancho Cucamonga’s decision-making as it plans for fiber expansion.

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Phase 3 - Low Level Design & Construction Prints

As-Built review, digitization, and incorporation design updates into Rancho Cucamonga‘s hosted FMS ESRI-based software and database, providing access to ENTRUST staff as requited at an additional hourly rate.

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PRICING PROPOSAL

Description Cost
Phase 1: Project Management Services $4,500 fixed
monthly
Phase 2: Desktop Support for HLD, Conceptual Design
& BOM Development
$134.38
hourly
Phase 3: Low Level Design & Construction Prints $1.35 /ft.

Expenses Billed as Incurred $134.38
hourly

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APPENDIX – SAMPLE MSA

MASTER PROFESSIONAL SERVICES AGREEMENT

This MASTER PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made as of ___________, 2023 between _________________, an ___________ corporation ("COMPANY"), and EN Engineering, LLC a Delaware limited liability company ("ENGINEER"), hereinafter referred to as the “parties” or individually as “party,” under the following circumstances:

WHEREAS, COMPANY wishes to engage ENGINEER to perform certain engineering and related professional services (“Engineering Services”) and certain construction management services (“Construction Management Services”) for COMPANY from time to time on an as ne eded basis and ENGINEER is willing to provide from time to time on an as needed basis such Engineering Services and Construction Management Services to COMPANY in accordance with the terms of this Agreement; and

WHEREAS, the parties wish to execute this Agreement to establish the general terms and conditions, which will govern the present engagement and any future engagements between the parties; and

WHEREAS, the parties contemplate that for the present engagement and each future engagement they will also execute a schedule which will reference and become a part of this Agreement and will describe in detail the specific Engineering Services and Construction Management Services, personnel, fees and term of the engagement as well as any other provisions agreed to by the parties

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows:

1. Services. Engineer shall perform the Engineering Services and Construction Management Services (collectively referred t o as “Services”) for COMPANY as set forth in Schedule 1 and as agreed to and executed by the parties and set forth in schedules referencing this Agreement ("Schedule"). Each Schedule shall specify the scope of the Services, the fees and expenses (if any) to be paid to ENGINEER by COMPANY for such Services. Each such Schedule shall be identified in consecutive numerical order. In the event that parties desire to modify a Schedule, the parties shall execute a written change order evidencing such modificati ons (“Change Order”). In the event of any conflict or apparent conflict between any Schedule and/or Change Order and this Agreement, the Schedule and/or Change Order shall govern.

The Effective Date of a Schedule shall be the date on which such Schedu le is fully executed by COMPANY and ENGINEER. The terms of this Agreement shall apply to all Services performed by ENGINEER in accordance with a Schedule and the terms of this

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Agreement shall not be altered or modified except by the written agreement of EN GINEER and COMPANY. ENGINEER agrees that time is of the essence in performing the Services.

1. Personnel. All personnel furnished by ENGINEER shall be appropriately qualified to perform the Services. Should any personnel furnished by ENGINEER be unable t o perform the Services under this Agreement because of illness, resignation or other causes beyond ENGINEER’s control and without ENGINEER’s fault, ENGINEER shall use all reasonable efforts to replace such personnel promptly. COMPANY reserves the right to demand that ENGINEER replace any personnel assigned to perform the Services that COMPANY reasonably believes are not performing to the level of COMPANY’s expectations.

1.2 Change in Service

A. Change in Service shall be defined as any service required to be performed in the furtherance of a Schedule as a result of: (i) COMPANY requested modifications to the scope of ENGINEER’s Services and (ii) events which were not reasonably foreseeable by ENGINEER, which require ENGINEER to incur additional costs or to perform additional Services not provided for in a Schedule. All such additional costs or services must first be approved by COMPANY in writing.

B. B. ENGINEER shall not be required to perform a Change in Service unless and until a Change Order has been issued and signed by COMPANY’s designated Representative and ENGINEER’s Representative as set forth in Section 13 of this Agreement.

1.3 Change Orders

A. Each party, without invalidating this Agreement or a Schedule, may request a Change in Service, with or without a change in the required time to complete the Services under the Schedule (“Time of Performance”). Such request must be submitted in writing by the requesting party.

B. If a request for Change in Service is mutually agreed to, such mutual agreement shall be evidenced by a written Change Order issued by COMPANY, signed by COMPANY’s designated Representative and ENGINEER’s designated Representative and setting forth the increase or decrease in fee to which ENGINEER is enti tled pursuant to Paragraph 1.3.C. Any Change Order, which affects a Schedule, shall become part of such Schedule.

C. Unless otherwise expressly provided in a particular Change Order, COMPANY shall compensate ENGINEER for a Change in Service at the hourly rates set forth in Exhibit A (“Change in Service Compensation”).

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1.4 ENGINEER’S RESPONSIBILITIES

A. ENGINEER shall perform Engineering Services in accordance with the following terms:

1. The standard of care for all Engineering Services per formed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of Engineer’s profession practicing under similar circumstances at the same time and in the same locality.

2. ENGINEER may employ such sub -consultants as ENGINEER deems necessary to assist in the performance or furnishing of the Engineering Services. ENGINEER shall not be required to employ any sub -consultants unacceptable to ENGINEER.

3. ENGINEER shall comply with applicable laws or regulations and COMPANY mandated standards provided in writing to ENGINEER. This obligation is based on these requirements as of the Effective Date of each individual Schedule. Changes to these requirements after the Effective Date of the Schedule that r equire ENGINEER to perform services beyond ENGINEER's Engineering Services set forth in the Schedule shall be considered a Change in Service for which ENGINEER shall receive Change in Service Compensation. Under such circumstances, the Time of Performance set forth in the Schedule shall be adjusted.

4. If required under a Schedule, ENGINEER shall visit the site periodically to become generally familiar with the progress and quality of the work and to determine, in general, if the work is proceeding in g eneral accordance with the plans and specifications. Except as provided in the applicable Schedule, ENGINEER shall not be required to make exhaustive or continuous checks of the quality or quantity of work. ENGINEER shall not have control or charge of th e construction and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or acts or omissions of contractors or any persons performing work or for their failure to perform.

5. ENGINEER s hall review and take appropriate action upon a Contractor’s, subcontractor’s or COMPANY contractor’s submittals such as shop drawings and product data. Except for submittals produced by ENGINEER or by any contractor or subcontractor of ENGINEER and except as provided in the applicable Schedule, review of submittals, however, is not conducted for the purposes of determining the accuracy and completeness of details such as dimensions or sizes, for ascertaining the correctness of calculations made by the Cont ractors, subcontractors or COMPANY contractors, to determine the appropriateness of quantities, to determine the

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appropriateness of the means, methods or procedures to be utilized by the Contractor, subcontractor or COMPANY contractor during installation, for substantiating the correctness of instructions, for installation or to ascertain the performance of equipment or systems, all of which remain the exclusive responsibility of the Contractor, subcontractor or COMPANY contractor.

6. ENGINEER shall not be responsible for the verification of the condition of subsurface conditions or for the condition of existing structures, equipment or appliances, unless such verification can be made by simple visual observation. If, after plans and specifications are prepared, it appears from the uncovering of parts or portions of an existing structure that the plans or specifications must be altered to conform to previously hidden or differing conditions, all such work shall be performed by ENGINEER as a Change in Service for which ENGINEER shall be entitled to Change in Service Compensation.

7. COMPANY shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by COMPANY to ENGINEER in accordance with this Agreement unless ENGINEER is otherwise informed by COMPANY in the applicable Schedule.

8. With respect to Engineering Services, execution of this Agreement or any Schedule in no way creates an employment or agency relationship between COMPANY and ENGINEER; it is understood that ENGINEER will be acting as an independent contractor. Neither ENGINEER nor any of its personnel, subcontractors or agents shall be deemed to be partners, joint ventures, agents, or employees of COMPANY for any purpose whatsoever. In no event shall COMPANY be responsible for the payroll taxes of ENGINEER’s personnel.

B. If required and agreed to pursuant to a Schedule, ENGINEER shall perform Construction Management Services in accordance with the following terms:

1. In providing Construction Management Services, ENGINEER shall act as a construction professional and not a construction contractor, and in performing its duties herein, ENGINEER agrees to furnish Construction Management Services using the care and skill ordinarily used by members of the construction management industry performing similar Construction Management Services and practicing under similar circumstances at the same time and in the same locality.

2. ENGINEER shall comply with applicable laws or regulations and ENGINEER mandated standards. This obligation is based on these requirements as of the Effective Date of each individual Schedule. Changes to these requirements after the Effecti ve Date of the Schedule that require ENGINEER to perform services beyond ENGINEER’s Services set forth in

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the Schedule shall be considered a Change in Service for which ENGINEER shall receive Change in Service Compensation. Under such circumstances, the Time of Performance set forth in the Schedule shall be adjusted.

3. ENGINEER may employ such sub -consultants as ENGINEER deems necessary to assist in the performance or furnishing of the Construction Management Services. ENGINEER shall not be required to employ any sub- consultant unacceptable to ENGINEER.

4. Neither review nor approval by COMPANY of ENGINEER’s Construction Management Services shall relieve ENGINEER from its duty to comply with the above obligations.

5. ENGINEER shall not have control or charge of the construction and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or acts or omissions of contractors or any persons performing work or for their failure to perform.

2. Representatives

2.1. COMPANY. In order to facilitate day to day communications between COMPANY and ENGINEER in the ordinary course of performance of the Services, COMPANY shall act by and through its designated representative ("COMPANY's Representative"). For each Schedule COMPANY will inform ENGINEER in writing of COMPANY’s designated representative for the respective scope of Services to be performed by ENGINEER. Upon notice to ENGINEER, COMPANY may at any time substitute or replace a COMPANY Representative. COMPANY’s Representative shall be available for meetings with ENGINEER's Representative at all reasonable times.

2.2 ENGINEER. In order to facilitate communications between COMPANY and ENGINEER in the ordinary course of performance of the Services, ENGINEER shall act by and through its designated representative ("ENGINEER's Representative"). ENGINEER initially designates ________________ as its representative. Upon notice to COMPANY, ENGINEER may at any time substitute or replace ENGINEER's Representative. ENGINEER's Representative shall be available for meetings with COMPANY’s Representative at all reasonable times.

2.3 Representations. ENGINEER hereby represents to COMPANY, with the intention that COMPANY rely thereon in entering this Agreement, that ENGINEER has the capability, experience, registrations, licenses, permits, and governmental approvals necessary to perform the Services.

2.4 No Conflicts. During the term of this Agreement, ENGINEER shall maintain close communication with COMPANY and will impart to COMPANY knowledge, information, ideas, suggestions and advice regarding the Services. ENGINEER will act solely in the interests of COMPANY and no other party and will not knowingly compromise or

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jeopardize the interests of COMPANY. In the event any matter or circumstance comes to ENGINEER's attention which would in any way interfere or potentially interfere with ENGINEER's obligations hereunder, ENGINEER will disclose promptly and fully such matter or circumstance to COMPANY.

2.5 Charges for Services . Subject to the terms of this Agreement, COMPANY shall pay ENGINEER, as full compensation for the Services rendered, the fees, costs of materials, and expenses (if any) detailed in the applicable Sched ule. If the parties execute a Schedule that provides for ENGINEER’s provision of Services to be rendered on a time and materials basis, then COMPANY shall pay according to the payment schedule set forth in Exhibit A, which is attached hereto and made a part hereof. ENGINEER may adjust or modify the payment schedule annually to account for labor market rate changes and inflation.

ENGINEER shall notify COMPANY in writing of any annual rate adjustment at least thirty (30) days prior to the effective date of any desired change in the payment schedule.

2.6 Terms of Payment . In return for the Services rendered by ENGINEER hereunder COMPANY shall pay ENGINEER within thirty (30) days of receipt of ENGINEER’s invoice for the invoice period. The invoice period shall be a period of one (1) calendar month. Payment of each invoice is contingent upon the Services having been rendered to COMPANY’s reasonable satisfaction. Each invoice shall provide the following:

(a) Names and hours worked by ENGINEER’s personnel and fees with respect thereto, if such work was performed on a time and materials basis;

b. Details of automobiles rented including but not limited to rental cost and gasoline costs for the invoice period;

c. Details of any expenses incurred by ENGINEER as set forth in the applicable Schedule;

(e) Summation of charges.

If items are contested by COMPANY, the uncontested balance will be paid within said thirty (30) day period. Any and all payments or approvals by COMPANY hereunder shall be without prejudice to COMPANY's rights to protest or challenge invoices at a later point in time. COMPANY reserves the right to require additional documentation to substantiate a request for payment. ENGINEER shall keep all records and books of account rel ating to this Agreement on the basis of generally accepted accounting principles and shall make such records and books and other plans and documents relating to this Agreement (other than records, books and other plans and documents relating to net income or profit) available to COMPANY or COMPANY's designated representative for inspection and audit at all reasonable times for a period of one year after the completion or termination of ENGINEER’s Services under such Schedule.

Failure to pay any invoice when due shall entitle ENGINEER, at ENGINEER’s sole discretion and upon ten (10) calendar days written notice to COMPANY, to suspend

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ENGINEER’s Services under the Schedule for which payment is outstanding. ENGINEER shall not be responsible to COMPANY for any delays caused by such a suspension.

3. Term. This Agreement shall remain in full force and effect, commencing as of the date first above written, until the earlier to occur of (i) __________, 20____, (ii) termination of this Agreement or any Schedule by COMPANY upon ten (10) business days prior written notice to ENGINEER for convenience or (iii) termination by either party upon seven (7) days written notice to cure should the non -terminating party fail to materially perform in accordance wit h the terms of the Agreement or any Schedule through no fault of the terminating party. Termination of this Agreement shall discharge only those obligations that have not accrued as of the effective date of termination. If this Agreement is terminated, ENGINEER shall in no event be entitled to compensation in respect of costs, whether direct or indirect, fees, lost profits, or otherwise for work not actually performed prior to the effective date of termination. Any right or duty of COMPANY o r ENGINEER based on either the performance or breach of this Agreement prior to the effective date of termination shall survive the term of this Agreement.

4. Rights in Property.

4.1 In consideration of the compensation set forth herein, ENGINEER her eby assigns to COMPANY all worldwide right, title and interest in and to all work performed, writings, information, data, formulas, designs, models, drawings, photographs, including all documentation thereof, including all statutory protection obtained or obtainable thereon (hereinafter referred to as "Intellectual Property" ) created, made, conceived, reduced to practice or authorized by ENGINEER or ENGINEER's employees, either solely or jointly with others, and delivered by ENGINEER to Company in connectio n with the performance of Services under this Agreement, unless specifically excluded in writing in the applicable Schedule. COMPANY shall be free to use and reproduce the Intellectual Property assigned to COMPANY herein. At COMPANY’s expense, ENGINEER sh all execute or cause to be executed all instruments and perform such acts as may be necessary, useful or convenient for the purpose of securing to COMPANY statutory protection, including patent, trademark, trade secret, or copyright protection, throughout the world for all Intellectual Property assigned to COMPANY. Notwithstanding anything contained herein to the contrary, ENGINEER shall retain ownership of all Intellectual Property owned by ENGINEER or made solely by ENGINEER prior to the date of this Agreement.

4.2 Upon completion of the Services in any applicable Schedule or other termination of this Agreement, ENGINEER shall deliver to COMPANY all copies of any and all Intellectual Property developed hereunder, except that ENGINEER may keep copies of all of same for its permanent files and records. Upon COMPANY's request, ENGINEER shall provide COMPANY with whatever documents, information or materials in ENGINEER's possession or reasonably available to ENGINEER to enable COMPANY to protect its rights in any Intellectual Property developed under this Agreement.

4.3 ENGINEER's obligations under this Section 4 shall survive any termination or expiration of this Agreement.

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4.4 In the event that COMPANY uses or changes the Intellectual Property prepared by ENGINEER hereunder in a manner not contemplated by the applicable Schedule or this Agreement and without the written consultation and engineering review by ENGINEER, COMPANY, to the fullest extent permitted by law, agrees to indemnify and hold harmless Engineer, its officers, directors, employees, and any of its sub -consultants who are directly involved in the development of such Intellectual Property from any damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising or allegedly arising from such unauthorized use or change to the Intellectual Property. In the event that COMPANY consults with and desires such engineering review by ENGINEER, COMPANY will compensate ENGINEER for the Services in accordance with the terms of this Agreement if it is still in effect, or in a compensation method and amount that is acceptable to both COMPANY and ENGINEER.

4.5 If ENGINEER, for any reason, is not allowed to complete all the services called for by this Agreement or any Schedule, ENGINEER shall not be responsible for the accuracy, completeness or constructability of the Intellectual Property prepared by ENGINEER if used, changed or completed by COMPANY or by another party. Accordingly, COMPANY agrees, to the fullest ext ent permitted by law, to indemnify and hold harmless ENGINEER, its officers, directors, employees, and any of its sub-consultants who are directly involved in the development of such Intellectual Property from any damages, liabilities or costs, including reasonable attorney’s fees and defense costs, arising or allegedly arising from such use, change or completion.

5. Confidentiality. ENGINEER shall keep strictly confidential all reports, whether oral or written, which are prepared by ENGINEER at COMPANY’s request and except as required by law, ENGINEER shall not reveal information from reports to the person reported on or to any other person except a person whose duty requires him to participate in the decision for the transaction from which the report was ordered. ENGINEER acknowledges and agrees that in connection with the performance of the Services it may be necessary for COMPANY to disclose to ENGINEER certain proprietary or confidential information ("Confidential Information"). ENGINEER shall hold in strictest confidence any Confidential Information to which it may have access hereunder. Access to Confidential Information shall be restricted to those of ENGINEER's personnel with a need to know and engaged in a permitted use of the Confidential Inf ormation. ENGINEER further agrees not to make use of such Confidential Information other than for performance under this Agreement. Confidential Information shall include information of COMPANY which is not generally known, including but not limited to, the business, conduct or operations of COMPANY or any customer of COMPANY; sales techniques; cost and pricing policies; contracts; financial information; plans; administrative procedures; research; processes; data; development, trade secrets, marketing, pr oduction and distribution information; business opportunities that may be developed or obtained; and any memorialization of any matter concerning any employee of COMPANY. ENGINEER's obligation of confidentiality under this Agreement shall survive termination of this Agreement. However, ENGINEER shall not be required to keep confidential any data or information which is or becomes publicly available without fault on the part of ENGINEER; is already in ENGINEER's possession prior to receipt from

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COMPANY; is independently developed outside the scope of this Agreement; or is rightfully obtained from third parties not under similar confidentiality restrictions. ENGINEER’s obligations under this Section 9 shall survive any termination of this Agreement.

6. Intellectual Property Warranties and Indemnification

6.1 ENGINEER warrants that to the best of ENGINEER’s knowledge, information and belief neither this Agreement nor Intellectual Property or other tangible or intangible property produced hereunder will infringe upon or violate any patent, copyright, trade secret or other proprietary right of any third party.

6.2 Each party (“Indemnifying Party”) shall at its own expense indemnify and hold harmless the other party in all suits or proceedings institute d against the other party, its officers, agents, affiliates or employees ("Indemnified Parties") based upon any claim, suit or proceeding (collectively, "Claim") that any Intellectual Property or other materials or any part thereof supplied under this Agreement constitutes an infringement of any patent, copyright or other intellectual property right or the process intended to be performed thereby. The Indemnifying Party shall pay all awards of damages assessed against the Indemnified Parties resulting from any such Claim and shall indemnify and save the Indemnified Parties harmless against losses, expenses and damages resulting from any such Claim or incurred in obedience to a decree resulting from any such Claim (including reasonable attorneys' fees and cou rt costs) or pursuant to any compromise thereof. If in any such Claim a restraining order or temporary injunction is granted, the Indemnifying Party shall make every reasonable effort, by giving a satisfactory bond or otherwise, to secure the suspension of any such restraining order or temporary injunction. If in any such Claim the Intellectual Property or other materials, or any part thereof, supplied under this Agreement or the process performed thereby is held to constitute an infringement and its use is permanently enjoined, the Indemnifying Party shall, at the Indemnifying Party's option, in addition to indemnifying and saving the Indemnified Parties harmless in accordance with this Section 6, either (a) at the Indemnifying Party's sole expense, promptl y secure for the Indemnified Parties a license authorizing the continued use of such Intellectual Property or other materials or (b) at the Indemnifying Party's sole expense and without impairing performance requirements, replace the infringing part thereof with non -infringing Intellectual Property or other materials, as the case may be, or modify the infringing Intellectual Property or other materials so that it does not so infringe.

The Indemnifying Party's obligations under this Section 6 shall survive t ermination of this Agreement.

6.3 The Indemnifying Party shall not be required to indemnify or defend an Indemnified Party for any such infringement to the extent caused by such Indemnified Party.

7. Publicity. ENGINEER shall not use the name of COMPANY for advertising or promotional purposes (including advertisements and or press releases) nor shall ENGINEER grant press interviews, disseminate or publish or provide for the publication of any information (including photographs) regarding this Agreement without the prior written

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consent of COMPANY. Such written consent shall not be unreasonably withheld and shall not prevent ENGINEER from using and publishing a general description of a project a nd services performed by ENGINEER under this Agreement or a Schedule and associating the project with COMPANY, for the purpose of describing ENGINEER’s experience and qualifications to other clients and potential clients.

8. Compliance with Applicable L aw. ENGINEER represents that to the best of ENGINEER’s knowledge, information and belief the provision of Services hereunder at the prices and under the terms stated herein does not and shall not constitute a violation by ENGINEER of any law or schedule i ssued by any governmental authority, or any agency, administration or subdivision thereof having jurisdiction in the matter, and further agrees to reimburse COMPANY upon demand for any fine or penalty which COMPANY may incur as a result of ENGINEER’s violation of such law or schedule.

9. Insurance. ENGINEER shall keep in full force and effect during the term of the Agreement the insurance coverages required by this Section 9.

A. Workers' Compensation Insurance providing for applicable statutory limits for all of ENGINEER’s personnel to be employed under this Agreement and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence.

B. Comprehensive General Liability Insurance of not less than $10,000,000 combined single limit per occurrence that can be provided by the combination of the general liability and umbrella policies. Such insurance shall include Contractor’s Protective Liability covering liability for work sublet and Contractual Liability insuring the indemnity provisions contained in this Agreement.

C. Comprehensive Automobile Liability Insurance with limits not less than $1,000,000 combined single limit per occurrence. Such coverage shall include owned, hired and non -owned vehicles but excluding any vehicle s owned by COMPANY.

D. Professional Liability Insurance with limits of not less than $5,000,000. Notwithstanding anything to the contrary in this Agreement, the insurance requirements pursuant to this Section 9.D shall remain in full force and effect for one year following the termination of this Agreement.

COMPANY shall be included as an additional insured under the insurance policy obtained pursuant to subsection (b) above and provided with a Waiver of Subrogation with respect to the policy under subsection (a) above.

The coverage required by paragraphs (a) through (c) shall be evidenced by certificates of insurance and other documentation reasonably requested by COMPANY, from insurance

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companies satisfactory to COMPANY, delivered to C OMPANY prior to actually commencing work or services under this Agreement, and thereafter from time to time at COMPANY’s request, showing the requisite liability limits and containing a clause obligating the insurer to provide COMPANY with thirty (30) days notice prior to any cancellation or material change in coverage. ENGINEER shall promptly report in writing to COMPANY all accidents, claims, suits, or threats of litigation arising out of or in connection with the performance of this Agreement.

ENGINEER shall also require that any contractors or subcontractors it retains to assist in the performance of this Agreement maintain the type and minimum limits of insurance set forth above.

10. Indemnification. To the fullest extent permitted by law, ENGINEER shall at its sole cost and expense indemnify, keep and save harmless COMPANY, its officials, directors, employees, (collectively, the "Indemnified Party") against any and all damage, losses, liabilities, costs, expenses (including attorneys’ fees and court costs), injuries, death, claims, suits, liabilities, and causes of action of every kind and character to the extent caused by any negligent act or omission of ENGINEER, its servants employees, directors, officers, subcontractors, invitees or lic ensees in connection with this Agreement, including but not limited to, any damage to property, injury to any persons (including, without limitation, claims based upon false arrest, detention, imprisonment or violation of the right to privacy), provided however, that ENGINEER shall not be obligated to defend, indemnify or hold an Indemnified Party harmless from and against any damage, losses, liabilities, costs, expenses (including attorneys’ fees and court costs), injuries, death, claims, suits, liabilitie s, and causes of action of every kind and character based upon, to the extent arising out of or resulting from any negligent act or omission or intentional wrongdoing of such Indemnified Party. ENGINEER’s indemnity obligations pursuant to this Section 10 shall survive termination of this Agreement.

11. Assignment; Subcontracting. The interests, rights, powers, duties and liabilities of the parties hereto shall be binding upon, and shall endure to the benefit of, the respective successors and assigns of the parties. Notwithstanding the foregoing, the parties shall not assign or transfer their interest in this Agreement or assign or transfer any right they may have in the same, or any part hereof unless the written consent of the other party to such assignment or transfer is first procured, which consent may not be unreasonably withheld. Any unauthorized assignment or transfer shall be void and of no effect. ENGINEER may subcontract to provide additional supervisors but ENGINEER shall at all times remai n responsible for the performance of, and payment for, the Services by its subcontractors. This Agreement shall not create any contractual relationship between COMPANY and any such subcontractor, or any other individual, corporation or entity, nor shall it create any obligation on the part of COMPANY to pay or to see to the payment of any moneys due any such subcontractor or other individual, corporation or entity.

12. Severability. If any section, subsection, term or provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of the said section, subsection, term or provision or the

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application of the same to parties or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.

13. Notices. All notices, demands and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to be made or given when personally delivered, when sent and received by facsimile or three (3) business days after being mailed by registered or certified United States mail, postage prepaid, return receip t requested, or one (1) business day after being sent by Federal Express or other recognized carrier guaranteeing overnight delivery, postage prepaid, to the parties at the following respective addresses, or at such other address as a respective party may designate pursuant to a notice duly given hereunder to the other party:

A. If to COMPANY:

________________________
___________________________
___________________________
Attention: ________________

B. If to ENGINEER:

EN Engineering, LLC
28100 Torch Parkway
Warrenville, Illinois 60555
Attention: Chief Operating Officer

14. Entire Agreement; Waiver . This Agreement and the Schedules attached hereto represent the complete and exclusive statement of the agreement between the parties, which supersedes all prior proposals, oral or written, and all other prior communications between the parties relating to the subject matter of this Agreement. Amendments, modifications and waivers to this Agreement shall be made only by written instrument signed by both parties. To the extent the statements, terms or provisions of this Agreement conflict with the statements, terms or provisions of the attached Schedules, the statements, terms and provisions of this Agreement shall govern and control.

15. Headings. The various headings and titles used in this Agreement are for convenience of reference only and shall not affect the meaning or interpretations of this Agreement or any provision thereof.

16. Force Majeure. If during the term of this Agreement or any renewal period thereto, either party is unable to perform its obligations hereunder as a result of causes beyond its control, then such party’s performance shall be excused during the period of such inability to perform, and the term shall be extended for a period no longer than twelve (12) months. If such inability to perform shall require a time extension of longer than twelve (12) months, this

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Agreement or any Schedule shall be terminated. The term “causes beyond its control” shall also include but not be limited to fire, storm, flood, natural disaster, riot, insurrection, war, and strike (“Force Majeure Events”); provided, however, nothing contained in this Agreement or any exhibits or schedules attached the reto shall obligate either party to engage in any settlement negotiations in connection with a pending or potential strike.

17. Damage Limitations

22. 17.1 Notwithstanding any provision of this Agreement to the contrary, COMPANY may recover at most from Engineer, on account of any negligent act, error or omission on the part of, or breach of any implied or express terms of this Agreement or any Schedule by ENGINEER, its officers, members, managers, employees, directors and agents, or any claim or demand which arises or is in any way related to any services performed under a Schedule or pursuant to this Agreement, only that amount equal to the applicable insurance coverages specified in Section 9.

17.2 Whether due to delay, breach of contract or warranty, negligence or any other causes, neither party shall be liable to the other party for any special, exemplary, punitive, liquidated, indirect or consequential damages of any nature, including, without limitation loss of actual or anticipated profits or revenues, loss by reason of shutdown, non -operation, or increased expense of manufacturing or operation.

18. Hazardous Substance Indemnity. ENGINEER, its principals, employees, agents or subconsultants shall neither perform nor direct any services relating to the investigation, detection, abatement, replacement, discharge, or removal of any toxic or hazardous contaminants wastes or substances (“Hazardous Materials”). Provided that the Scope of Services described in each Schedule is consistent with the previous statement, COMPANY hereby agrees to bring no claim for negligence, breach of contract, contribution, indemnity or any other claim against ENGINEER, its principals, employees, agents and subconsultants for losses, costs, expenses or damages whi ch COMPANY may incur arising from the existence of Hazardous Materials at the site of the ENGINEER’s Services to be performed under any Schedule unless the pollution incidents are caused or exacerbated by ENGINEER’s negligence or if the Hazardous Materials are brought onsite by ENGINEER.

19. Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Texas, without regard to any law of conflicts that may direct the application of the laws of another jurisdiction. COMPANY and ENGINEER each hereby irrevocably submits itself to the original jurisdiction of the state and federal courts sitting in Chicago, Illinois with regard to any controversy in any way relating to the execution, delivery or performance of this Agreement. The parties hereto further agree that any and all suits, claims or actions founded upon such controversies shall be brought or filed exclusively in such courts and nowhere else.

20. Contra Proferentum. This Agreement was prepared by all parties to this Agreement and not by any party to the exclusion of any other.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered by their respective duly authorized representatives as of the date first above written.

EN Engineering, LLC City of Rancho Cucamonga
(“ENGINEER”) (“COMPANY”)

By: ___________________________ By: __________________________

Name: _________________________ Name: ________________________

Title: _________________________ Title: ________________________

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DATE:October 2, 2024
TO:Mayor and Members of the City Council
President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Micah Martin, Public Works Services Director Mike McCliman, Fire Chief
Andy Miller, Facilities Superintendent
Andrea Bauer, Management Analyst II
SUBJECT: Consideration to Approve the Emergency Replacement of the Fire Alarm Monitoring System at the Quakes Stadium and to Approve Amendment No. 01 to Contract No. 2024-124 with Enko Systems, Inc. for Citywide Fire Alarm Monitoring, Maintenance, and Repair Services in an Amount Not to Exceed $250,000 for City and Fire District Facilities for FY 2024/2025. (CITY/FIRE)
RECOMMENDATION:

Staff recommends the City Council and Board of Directors:

1. Acknowledge an emergency exists and necessitates the need to replace the fire alarm monitoring system at the Quakes Stadium due to potential fire and life safety deficiencies.

2. Authorize the expenditure of $86,600 plus a 10% contingency of $8,660 for a total project cost of $95,260 for the emergency replacement of the fire alarm monitoring system.

3. Approve Amendment No. 01 to Contract No. 2024-124 with Enko Systems, Inc. for Citywide Fire Alarm Monitoring, Maintenance, and Repair Services in an amount not to exceed $250,000 during Fiscal Year 2024/2025.

BACKGROUND:

Quakes Stadium, which has been serving the community since 1993, is equipped with a fire alarm system that has reached the end of its functional life. The stadium continues to rely on its original fire alarm panel and associated monitoring and notification devices. A recent fire alarm inspection highlighted significant issues. The existing fire alarm monitoring system failed to meet current fire safety standards and does not comply with the latest requirements set by the National Fire Protection Agency (NFPA).

The existing fire alarm system's primary deficiency is its inability to produce sound levels adequate to ensure it can be heard over the high ambient noise levels typically present during game days.

This failure poses a critical safety concern, as the alarm may not be audible in the event of a fire, leading to potential delays in evacuation and increased risk to occupants.

Given these issues, it is imperative that the fire alarm system be replaced as soon as possible.

Upgrading to a modern system that meets current NFPA standards will enhance safety and ensure that the fire alarm is effective even in the noisy environment experienced during events.

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2 5
4 1
The immediate replacement of the fire alarm system is crucial for ensuring the safety of all individuals present at Quakes Stadium.

ANALYSIS:

The Public Works Services Department has engaged Enko Systems, Inc., the City's fire alarm monitoring contractor, to provide a proposal for replacing the outdated fire alarm system at Quakes Stadium. The total cost for this critical upgrade is $86,600. The project will involve the installation of a new fire alarm panel and fire alarm annunciator to ensure compliance with current safety standards. Additionally, the replacement will include all new initiating devices, such as smoke detectors, manual pull stations, and duct detectors, as well as fire alarm notification devices, including horns, strobes, and power supplies. This comprehensive update is essential to enhance the reliability and effectiveness of the stadium’s fire alarm system, ensuring it meets modern safety requirements and functions properly during all conditions.

If approved, a copy of Amendment No. 01 with Enko Systems, Inc. will be on file in the City Clerk’s Office.

FISCAL IMPACT:

The fire alarm monitoring system replacement at Quakes Stadium was not anticipated in the FY 2024/2025 Budget. However, Public Works will allocate existing funds from F700 CC312 6600 SC2101 (formerly 1700312-5304) to finance the project.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addresses the City Council’s core value of promoting and enhancing a safe and healthy community for all by ensuring City facilities are properly secured and monitored.

ATTACHMENTS:

None.

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DATE: October 2, 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 Fred Lyn, Deputy Director of Engineering Services/Utilities Deborah Allen, Management Analyst I
SUBJECT: Consideration of a Contract with American Power Systems, LLC in the Amount of $51,468, Plus a 10% Contingency and an Appropriation of Funds in the Amount of $56,615 from the Municipal Utility Fund (Fund 705) for the Substation Maintenance. (CITY)
RECOMMENDATION:

Staff recommends the City Council:

1. Award and authorize the execution of a contract in the amount of $51,468 to American Power Systems, LLC, for the total bid amount;

2. Authorize the expenditure of a 10% contingency in the amount of $5,147; and

3. Authorize the appropriation in the amount of $56,615 to account number F705CC304SC7002 (Capital Outlay – Equipment and Furnishings) from the Municipal Utility Fund (Fund 705)
BACKGROUND:

The Rancho Cucamonga Municipal Utility’s (RCMU) Arbor Substation became operational in 2004. It is regularly maintained with electrical maintenance services and testing, including annual inspections and comprehensive inspections every three (3) years. These services were completed in March 2024. A service report is produced detailing the recommended and required actions from the annual inspection. These critical infrastructure recommendations should be completed for seamless utility operations.

ANALYSIS:

The recent comprehensive inspection report recommended the replacement of the substation battery system. The substation battery system is original equipment that has surpassed its useful life of 20 years. Staff reached out to the battery manufacturer, C&D Technologies, and was directed to American Power Systems (APS). APS is the authorized regional distributor for C&D Technologies batteries. Changing the manufacturer of the substation battery system will require additional analysis, a new racking system, and secondary containment, resulting in a higher cost.

The scope of work includes providing temporary battery power backup, safely removing and installing old batteries, cleaning the battery racking system, installing new the batteries and accessory equipment, and testing the new battery system.

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2 5
3 9
Staff reviewed the bid and finds the bid to be reasonable and meeting the requirements. The sole source justification is included as Attachment 1.

FISCAL IMPACT:

An appropriation in the amount of $56,615 from the Municipal Utility Fund (Fund 705) to account number F705CC304SC7002 (Capital Outlay – Equipment and Furnishings) will be necessary to fully fund the replace the batteries.

Account No. Funding Source Description Amount
F705CC304SC7002 Municipal Utility Fund (Fund
705)
Substation Maintenance $56,615
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s vision for the City by promoting and enhancing a safe and healthy community for all by ensuring that public infrastructure is well-maintained and secure.

ATTACHMENTS:

Attachment 1 – Single Source Justification for American Power Systems, LLC

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I:\PURCHASE\TEMPLATES, FORMS\RFQ,RFQual,RFB,RFP TEMPLATES\Sole Source Justification Form.doc

CITY OF RANCHO CUCAMONGA

Vendor
:________________________________________Date: __________________ Commodity/Service:_____________________________________________________ Estimated expenditure: __________________Your Name: ______________________ Extent of market search conducted: ________________________________________ _____________________________________________________________________ Price Reasonableness:__________________________________________________ Does moving forward on this product/service further obligate the City to future similar contract actual arrangements? _____________________________________________ _____________________________________________________________________ DEFI
NITIONS:

SOLE S
OURCE - A transaction with the only business entity capable of supplying or providing the goods or services that meet the specified need.

Init
ial all entries below that apply to the proposed purchase (more than one entry will apply to most single/sole source products/services requested). If needed, attach a memorandum containing complete justification and support documentation as directed in initial entry.

This
is a Single Source THIS IS A SOLE SOURCE PURCHASE (check one).

1. _______ S

INGLE/SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER, THERE ARE NO REGIONAL DISTRIBUTORS. (Item no. 3 also must also be completed).

2. _______ T

HE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum).

ATTACHMENT 1
American Power Systems (APS)
October 2, 2024
Substation Battery System
51,468
Deborah Allen
American Power Systems is the regional
distributer for C&D Technologies, the original battery system at the substation.

Yes.

No.

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Single/Sole Source Justification Form

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I:\PURCHASE\TEMPLATES, FORMS\RFQ,RFQual,RFB,RFP TEMPLATES\Sole Source Justification Form.doc 05/23/2024

3. _______ THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE

SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application).

5. _______ THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION (Attach memorandum describing basis for standardization request).

6. _______ NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION

FOR THIS SINGLE/SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM.

Department Head: ____________________________ Department: _______________________

APPROVED

APPROVED WITH CONDITION/S

DISAPPROVE

$5,000 - $49,999
APPROVED BY PURCHASING MANAGER: ____________________________Date: __________

$50,000 - $150,000
APPROVED BY CITY MANAGER: ____________________________Date: __________

$150,000 AND OVER
See comments above by Purchasing Division, attach to Council Request

CITY COUNCIL ACTION: ____________________________________________Date: __________ X
Jason Welday
Engineering
✔
✔

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This memorandum is a supplement to the "Single/Sole Source Justification" form submitted to the Procurement Division regarding Rancho Cucamonga Municipal Utilities' (RCMU) proposed purchase of a substation battery system from American Power Systems (APS).

For the following reasons, RCMU is requesting a Sole Source Justification:

1) The RCMU substation battery system the City currently owns and maintains is from manufacturer C&D Technologies.
2) Changing the substation battery system will require additional analysis, a new racking system, and secondary containment.
3) The manufacturer representative, regional distributor, and service provider for C&D Technologies for Southern California is American Power System and they meet the project guidelines.

Cc: Jason Welday, Director of Engineering Services / City Engineer DATE: October 2, 2024
TO: Ruth Cain, Procurement Manager
FROM: Fred Lyn, Deputy Director of Engineering Services - Utilities BY: Deborah Allen, Management Analyst I
SUBJECT: Sole Source Justification – American Power Systems (APS)

MEMORANDUM
Engineering

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DATE:October 2, 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 Accept Public Improvements Located at the Southwest Corner of Arrow Route and Pecan Avenue in the General Industrial District per Improvement Agreement, Related to DRC2016-00270 and DRC2018-00183, as Complete, File a Notice of Completion, and Authorize the Release of Bonds. (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve and accept the public improvements and their design, required for the development of Minor Design Review DRC2016-00270 and Site Development Review DRC2018-00183 and authorize the City Engineer to file the appropriate Notice of Completion;

2. Release the Faithful Performance Bond for the associated public improvements;

3. Release the Labor and Material Bond after City Council approval; and

4. Waive the maintenance bond requirement.

BACKGROUND:

On December 12, 2016, Minor Design Review DRC2016-00270 was approved by the Planning Department for the site plan and architectural review of a 9,800-square foot truck maintenance building on the original 4.81-acre project site and for the construction of a parking facility for trucks, trailers and passenger vehicles on two separate parcels of the existing site located at the southwest corner of Arrow Route and Pecan Avenue in the General Industrial (GI) District. An improvement agreement and securities were approved by the City Council on July 14, 2017, to ensure construction of the required public improvements along the south side of Arrow Route.

On July 25, 2018, Site Development Review DRC2018-00183 was approved by the Planning Department for review of the site improvements for the expansion of the now existing trucking firm, Heartland Express Inc. An improvement agreement and securities were approved by the City Council on January 8, 2019, to ensure construction of the required public improvements for the extended parcels along the westside of Pecan Avenue and northside of Whittram Avenue.

While separate improvement agreements and securities were submitted for different sections of the public improvements, public improvements were constructed concurrent to one another.

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2 4
8 8
ANALYSIS:

All public improvements required of this development have been completed to the satisfaction of the City Engineer.

Prior to construction of the public improvements the developer, Heartland Express Inc. of Iowa, submitted the following securities to ensure satisfactory completion of the improvements:

Faithful Performance Bond DRC2016-00270 $ 56,400 Bond #106752648 Labor and Material Bond DRC2016-00270 $ 56,400 Bond #106752648 Faithful Performance Bond DRC2018-00183 $ 153,461.75 Bond #107012884 Labor and Material Bond DRC2018-00183 $ 153,461.75 Bond #107012884 City staff conducted a final inspection of the public improvements and confirmed all work was completed to City standards. Typically, a separate maintenance bond in the amount of 10% of the Faithful Performance Bond would be submitted to the City once work is completed. However, in this case the developer did not provide a maintenance bond to the City; therefore, the Faithful Performance Bond was retained for the satisfactory period (one (1) year from the final inspection). City staff has confirmed the improvements have remained in good workmanship and free of defects, City staff recommends the maintenance bond requirement be waived.

FISCAL IMPACT:

None.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

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

ATTACHMENTS:

Attachment 1 - Vicinity Map

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ATTACHMENT 1
Case No. DRC2016-00270 & DRC2018-00183
Vicinity Map

NOT TO SCALE
Project Site Etiwanda Ave
Pecan Ave
Whittram Ave
Arrow Rte

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DATE: October 2, 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
Romeo M. David, Associate Engineer
SUBJECT: Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2023/24 Local Slurry Seal Pavement Rehabilitation Project. (CITY) RECOMMENDATION:

Staff recommends the City Council:

1. Accept the Fiscal Year 2023/24 Local Slurry Seal Pavement Rehabilitation Project (Project), Contract No.2024-106 as complete;

2. Approve the final contract amount of $323,420;

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

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

5. Authorize the release of the Labor and Materials Bond in the amount of $343,285, six (6) months after the recordation of said notice, if no claims have been received;

6. Authorize the City Engineer to approve the release of the Maintenance Bond one (1) year following the recordation of the Notice of Completion if the improvements remain free from defects in material and workmanship.

BACKGROUND:

On May 15, 2024, the City Council awarded a construction contract to Roy Allan Slurry Seal, Inc., in the amount of $343,285, plus 10% contingency in the amount of $34,330 for the construction of the Project. A vicinity map illustrating the neighborhoods that received slurry seal is included as Attachment 1. A copy of the May 15, 2024 City Council Staff Report is on file with the City Clerk. The scope of work consisted of weed killing, routing and crack sealing, protecting existing utilities, applying slurry seal, installing of pavement markers and thermoplastic striping and other related items of work per plan.

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ANALYSIS:

The Project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer.

There were no contract change orders issued for the Project. Further, a final balancing statement is not required as there were no changes in the final contract quantities placed or constructed during the contract.

At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk will release the Maintenance Bond upon approval by the City Engineer.

FISCAL IMPACT:

A total of $442,310 was budgeted in Fiscal Year 2023/24 from Measure I Fund (Fund 177), which is identified under Capital Improvement Project account number and in the amount listed below.

Account No. Funding Source Description Amount
F177 CC303 7000
SC7004
PROJ 000002
Measure I Fund (177) Local Street Rehab $442,310
Total Project Funding $442,310
The final Project cost is $388,125 as shown below:

Expenditure Amount
Final Construction Contract $323,420
Construction Inspection Services $44,160
Construction Materials Testing $18,980
Bid Noticing Advertisement $1,565
Total Project Cost $388,125
A total of $54,185 is remaining in the budget for this Project and will be returned to the Measure I (Fund 177) fund balance to be used for future capital improvement projects.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This Project meets our City Council core values by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of high- quality public improvements.

ATTACHMENTS:

Attachment 1 - Vicinity Map

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ATTACHMENT 1

PROJECT# 800-2024-06
FY 2023/24 LOCAL SLURRY SEAL PAVEMENT REHABILITATIONS

VICINITY MAP

NOT TO SCALE

Project Site

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DATE:October 2, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Elisa C. Cox, Assistant City Manager
Kelly Guerra, Special Districts Analyst
SUBJECT: Consideration to Approve and Adopt Resolutions Certifying the Results of Elections and Adding Annexation Nos. 2024-12, 2024-13, 2024-14, and 2024-15 to Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga. (RESOLUTION NOS. 2024- 097, 2024-098, 2024-099 AND 2024-100) (CITY)
RECOMMENDATION:

Staff recommends the City Council approve and adopt the Resolutions Certifying the Results of Elections and Adding Annexations Nos. 2024-12, 2024-13, 2024-14, and 2024-15 to Community Facilities District No. 2022-01.

BACKGROUND:

The City Council approved Resolution No. 2022-063 (the “Resolution Authorizing Future Annexation”) authorizing the future annexation of territory to Community Facilities District No. 2022-01 (Street Lighting Services) (the “CFD 2022-01”) to provide maintenance and services to streetlights, traffic signals, and appurtenant facilities for new development.

The City conditions property owners to annex such properties into the existing CFD 2022-01 to fund street light service and maintenance. In August 2024, the Property Owners signed an Annexation Proceeding Deposit Agreement to initiate the annexation process.

ANALYSIS:

In September 2024, the Property Owners submitted their Consent and Waivers and their Official Ballots, one for each annexation, to the City Clerk’s Office Election Official. The Election Official has canvassed the ballots and completed the statement of votes cast (See Exhibit “A” of their respective Resolution). The Property Owners cast their vote unanimously in favor of the special tax levy for CFD 2022-01.

Adoption of the Resolutions constitutes the City Council’s formal action certifying the election results and adding the Annexation Territories to CFD 2022-01 and directs the recordation of an amendment to the existing Notice of Special Tax Lien. By recordation of this amendment, prospective purchasers of the property within the Annexation Territories will have notice of the special tax obligation affecting such properties.

A map showing the property is included in their respective Resolution.

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FISCAL IMPACT:

CFD 2022-01 was formed to be financially self-sufficient, meaning the revenues generated by the District offset the costs of providing services and can be adjusted annually based on changes in the overall operating costs of streetlights.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s core value of intentionally embracing and anticipating our future by ensuring that new development is fiscally sustainable.

ATTACHMENTS:

Attachment 1 – Resolution Certifying the Results of an Election and Adding Annexation 2024-12 Attachment 2 – Resolution Certifying the Results of an Election and Adding Annexation 2024-13 Attachment 3 – Resolution Certifying the Results of an Election and Adding Annexation 2024-14 Attachment 4 – Resolution Certifying the Results of an Election and Adding Annexation 2014-15

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE

RESULTS OF AN ELECTION AND ADDING TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF
RANCHO CUCAMONGA, ANNEXATION NO. 2024-12.

WHEREAS, the City Council of the City of Rancho Cucamonga, California (the “City Council”) has previously formed Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, for the purpose of financing certain municipal maintenance services; and WHEREAS, acting pursuant to the Act, the City Council also authorized by the adoption of Resolution No. 2022-063 (the “Resolution Authorizing Future Annexation”) the annexation in the future of territory to CFD No. 2022-01, such territory designated as Future Annexation Area, Community Facilities District No. 2022-01 (the “Future Annexation Area”); and
WHEREAS, at this time the unanimous consent to the annexation of certain territory located within the Future Annexation Area to CFD No. 2022-01 has been received from the property owner of such territory, and such territory has been designated as ANNEXATION NO. 2024-12 (the "Territory"); and
WHEREAS, less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the "landowner," as such term is defined in Government Code Section 53317(f), of such Territory and such landowner who is the owner of record as of the applicable election date, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of the parcel of land that landowner owns within such Territory; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the Territory to the qualified elector thereof and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified elector of the Territory; and WHEREAS, the City Clerk of the City of Rancho Cucamonga has caused a ballot to be distributed to the qualified elector of the Territory, has received and canvassed such ballot and made a report to the City Council regarding the results of such canvass, a copy of which is attached as Exhibit “A” hereto and incorporated herein by this reference; and

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WHEREAS, at this time the measure voted upon and such measure did receive the favorable vote of the qualified elector of the Territory, and the City Council desires to declare the results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No. 2024-12 (the "Annexation Map"), a copy of which is attached as Exhibit “B” hereto and incorporated herein by this reference, has been submitted to this legislative body.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Rancho Cucamonga, California, acting as the legislative body of Community Facilities District No. 2022-01, as follows:

Section 1. Recitals. The above recitals are true and correct.

Section 2. Findings. This legislative body does hereby further determine as follows:

A. The unanimous consent as described in the recitals hereto to the annexation of the Territory to CFD No. 2022-01 has been given by the owner of the Territory and such consent shall be kept on file in the Office of the City Clerk of the City of Rancho Cucamonga.

B. Less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the each of the parcels located within the Territory, therefore, pursuant to the Act the qualified elector for the Territory shall be the "landowner" of the Territory as such term is defined in Government Code Section 53317(f).

C. The qualified elector of the Territory has voted in favor of the levy of special taxes on the Territory upon its annexation to CFD No. 2022-01.

Section 3. Territory. The boundaries and parcels of property within the Territory and on which special taxes will be levied in order to pay for the costs and expenses of authorized municipal maintenance services are shown on the Annexation Map as submitted to and hereby approved by this legislative body.

Section 4. Declaration of Annexation. This legislative body does hereby determine and declare that the Territory, and each parcel therein, is now added to and becomes a part of CFD No. 2022-01. The City Council, acting as the legislative body of CFD No. 2022-01, is hereby empowered to levy the authorized special tax within the Territory.

Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows:

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A. A copy of the Annexation Map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

Section 6. Effective Date. This Resolution shall become effective upon its adoption.

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

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A - 1
EXHIBIT “A”

CERTIFICATE OF ELECTION OFFICIAL

AND STATEMENT OF VOTES CAST

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B - 1
EXHIBIT “B”

ANNEXATION MAP

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE

RESULTS OF AN ELECTION AND ADDING TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF
RANCHO CUCAMONGA, ANNEXATION NO. 2024-13
WHEREAS, the City Council of the City of Rancho Cucamonga, California (the “City Council”) has previously formed Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, for the purpose of financing certain municipal maintenance services; and WHEREAS, acting pursuant to the Act, the City Council also authorized by the adoption of Resolution No. 2022-063 (the “Resolution Authorizing Future Annexation”) the annexation in the future of territory to CFD No. 2022-01, such territory designated as Future Annexation Area, Community Facilities District No. 2022-01 (the “Future Annexation Area”); and
WHEREAS, at this time the unanimous consent to the annexation of certain territory located within the Future Annexation Area to CFD No. 2022-01 has been received from the property owner of such territory, and such territory has been designated as ANNEXATION NO. 2024-13 (the "Territory"); and
WHEREAS, less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the "landowner," as such term is defined in Government Code Section 53317(f), of such Territory and such landowner who is the owner of record as of the applicable election date, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of the parcel of land that landowner owns within such Territory; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the Territory to the qualified elector thereof and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified elector of the Territory; and WHEREAS, the City Clerk of the City of Rancho Cucamonga has caused a ballot to be distributed to the qualified elector of the Territory, has received and canvassed such ballot and made a report to the City Council regarding the results of such canvass, a copy of which is attached as Exhibit “A” hereto and incorporated herein by this reference; and

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WHEREAS, at this time the measure voted upon and such measure did receive the favorable vote of the qualified elector of the Territory, and the City Council desires to declare the results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No. 2024-13 (the "Annexation Map"), a copy of which is attached as Exhibit “B” hereto and incorporated herein by this reference, has been submitted to this legislative body.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Rancho Cucamonga, California, acting as the legislative body of Community Facilities District No. 2022-01, as follows:

Section 1. Recitals. The above recitals are true and correct.

Section 2. Findings. This legislative body does hereby further determine as follows:

C. The qualified elector of the Territory has voted in favor of the levy of special taxes on the Territory upon its annexation to CFD No. 2022-01.

Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows:

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Resolution 2024-XXX Page 3 of 3
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A. A copy of the Annexation Map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

Section 6. Effective Date. This Resolution shall become effective upon its adoption.

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

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A - 1
EXHIBIT “A”

CERTIFICATE OF ELECTION OFFICIAL

AND STATEMENT OF VOTES CAST

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B - 1
EXHIBIT “B”

ANNEXATION MAP

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE

RESULTS OF AN ELECTION AND ADDING TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF
RANCHO CUCAMONGA, ANNEXATION NO. 2024-14.

WHEREAS, the City Council of the City of Rancho Cucamonga, California (the “City Council”) has previously formed Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, for the purpose of financing certain municipal maintenance services; and WHEREAS, acting pursuant to the Act, the City Council also authorized by the adoption of Resolution No. 2022-063 (the “Resolution Authorizing Future Annexation”) the annexation in the future of territory to CFD No. 2022-01, such territory designated as Future Annexation Area, Community Facilities District No. 2022-01 (the “Future Annexation Area”); and
WHEREAS, at this time the unanimous consent to the annexation of certain territory located within the Future Annexation Area to CFD No. 2022-01 has been received from the property owner of such territory, and such territory has been designated as ANNEXATION NO. 2024-14 (the "Territory"); and
WHEREAS, less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the "landowner," as such term is defined in Government Code Section 53317(f), of such Territory and such landowner who is the owner of record as of the applicable election date, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of the parcel of land that landowner owns within such Territory; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the Territory to the qualified elector thereof and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified elector of the Territory; and WHEREAS, the City Clerk of the City of Rancho Cucamonga has caused a ballot to be distributed to the qualified elector of the Territory, has received and canvassed such ballot and made a report to the City Council regarding the results of such canvass, a copy of which is attached as Exhibit “A” hereto and incorporated herein by this reference; and

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WHEREAS, at this time the measure voted upon and such measure did receive the favorable vote of the qualified elector of the Territory, and the City Council desires to declare the results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No. 2024-14 (the "Annexation Map"), a copy of which is attached as Exhibit “B” hereto and incorporated herein by this reference, has been submitted to this legislative body.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Rancho Cucamonga, California, acting as the legislative body of Community Facilities District No. 2022-01, as follows:

Section 1. Recitals. The above recitals are true and correct.

Section 2. Findings. This legislative body does hereby further determine as follows:

C. The qualified elector of the Territory has voted in favor of the levy of special taxes on the Territory upon its annexation to CFD No. 2022-01.

Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows:

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A. A copy of the Annexation Map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

Section 6. Effective Date. This Resolution shall become effective upon its adoption.

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

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EXHIBIT “A”

CERTIFICATE OF ELECTION OFFICIAL

AND STATEMENT OF VOTES CAST

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B - 1
EXHIBIT “B”

ANNEXATION MAP

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Resolution 2024-XXX Page 1 of 3
ATTACHMENT 4
RESOLUTION NO. 2024-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE

RESULTS OF AN ELECTION AND ADDING TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF
RANCHO CUCAMONGA, ANNEXATION NO. 2024-15.

WHEREAS, the City Council of the City of Rancho Cucamonga, California (the “City Council”) has previously formed Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, for the purpose of financing certain municipal maintenance services; and WHEREAS, acting pursuant to the Act, the City Council also authorized by the adoption of Resolution No. 2022-063 (the “Resolution Authorizing Future Annexation”) the annexation in the future of territory to CFD No. 2022-01, such territory designated as Future Annexation Area, Community Facilities District No. 2022-01 (the “Future Annexation Area”); and
WHEREAS, at this time the unanimous consent to the annexation of certain territory located within the Future Annexation Area to CFD No. 2022-01 has been received from the property owner of such territory, and such territory has been designated as ANNEXATION NO. 2024-15 (the "Territory"); and
WHEREAS, less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the "landowner," as such term is defined in Government Code Section 53317(f), of such Territory and such landowner who is the owner of record as of the applicable election date, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of the parcel of land that landowner owns within such Territory; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the Territory to the qualified elector thereof and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified elector of the Territory; and WHEREAS, the City Clerk of the City of Rancho Cucamonga has caused a ballot to be distributed to the qualified elector of the Territory, has received and canvassed such ballot and made a report to the City Council regarding the results of such canvass, a copy of which is attached as Exhibit “A” hereto and incorporated herein by this reference; and

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WHEREAS, at this time the measure voted upon and such measure did receive the favorable vote of the qualified elector of the Territory, and the City Council desires to declare the results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No. 2024-15 (the "Annexation Map"), a copy of which is attached as Exhibit “B” hereto and incorporated herein by this reference, has been submitted to this legislative body.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Rancho Cucamonga, California, acting as the legislative body of Community Facilities District No. 2022-01, as follows:

Section 1. Recitals. The above recitals are true and correct.

Section 2. Findings. This legislative body does hereby further determine as follows:

C. The qualified elector of the Territory has voted in favor of the levy of special taxes on the Territory upon its annexation to CFD No. 2022-01.

Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows:

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A. A copy of the Annexation Map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

Section 6. Effective Date. This Resolution shall become effective upon its adoption.

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

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EXHIBIT “A”

CERTIFICATE OF ELECTION OFFICIAL

AND STATEMENT OF VOTES CAST

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EXHIBIT “B”

ANNEXATION MAP

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DATE:October 2, 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 Jennifer Nakamura, CNU-A, Deputy Director of Planning
Bond Mendez, CPD, Associate Planner
SUBJECT: Public Hearing for Consideration of First Reading of Ordinance No. 1031, to be Read by Title Only and Waive Further Reading Amending Title 17 of the Rancho Cucamonga Municipal Code Establishing Battery Energy Storage Facilities as a Use Permitted with a Conditional Use Permit for Properties Located in the Neo-Industrial (NI) and Industrial Employment (IE) Zones, Amending Sections 17.22.020 Establishing a Master Plan Requirement, 17.30.030 Updating the Land Use and Permit Requirements by Base Zone Table, 17.32.020 Adding Land Use Definitions, 17.140.020 Adding Definitions and Adding Chapter 17.109 Establishing Development and Operational Standards for Battery Energy Storage Facilities. This Item is Exempt from the California Environmental Quality Act, Pursuant to State CEQA Guidelines Section 15061(B)(3). (ORDINANCE NO. 1031) (CITY)
RECOMMENDATION:

Planning Commission and Staff recommend the City Council conduct first reading of Ordinance No. 1031 to be read by title only and waive further reading, to amend Title 17 to establish Battery Energy Storage Facilities as a conditionally permitted land use and establish development and operational standards for these facilities.

BACKGROUND:

The proposed Development Code Amendment was scheduled for a public hearing by the Planning Commission on April 24, 2024. Staff requested that the Planning Commission continue the public hearing to allow staff to work with stakeholders that had additional questions about the proposed ordinance. Following the hearing on April 24, 2024, staff, including the Fire District, engaged with the interested parties in an effort to understand and respond to their questions and address concerns. A subsequent hearing was conducted by the Planning Commission on August 28, 2024. The Commission reviewed the proposed ordinance, asked questions of Planning and Fire staff and received public testimony in support of the proposed ordinance. The Commission voted unanimously to recommend approval of the amendments to the City Council.

A Battery Energy Storage (BES) Facility enables power system operators/utilities to store energy for later use. A BES Facility collects and stores excess energy from a powerplant and/or from a power grid. This would occur during periods when the demand for electricity is low and, therefore,

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the need for the energy generated is low. During periods of high demand, BES Facilities discharge/distribute the stored energy back into the power grid.

The BES Facility may be constructed and operated by an entity that is separate from the energy/utility provider. The siting of a BES Facility can be adjacent, or in relatively proximity to, a specific powerplant or substation. Or, if property is unavailable for the construction/operation of a BES Facility, it can be located elsewhere provided that the energy grid is accessible, i.e. power line connections, referred to as “generation inter-tie” or “generation interconnect” transmission line(s), can be constructed between the powerplant and the BES Facility.

Proposed BES Facilities could be developed in various configurations as follows:

Configuration 1 - Rows of battery “cabinets” that are enclosed within a building (or a set of buildings). The building would have design and construction characteristics that are similar to a warehouse building. The floor area of the building would vary depending on the size of the overall BESS and the number of cabinets. Except for relatively infrequent access during regular operations and for maintenance activities, the building would be unoccupied. See Figure 1.

Figure 1: Cabinets within Enclosed Building Configuration. Image Source: Google Images

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Configuration 2 - Battery “cabinets” that are not enclosed within a larger building. They may be clustered together or individually separated. The size and number of cabinets and their design will vary. As with the above-noted building, in the configuration described above, they would not be occupied, see Figure 2.

Figure 2: Battery Cabinet Unenclosed Configuration. Image Source: Google Images

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Configuration 3 - Batteries within standalone “containers” that have the appearance and dimensions similar to a standard shipping container (approximately 40 feet long x 8 feet wide x

9.5 feet high). The number of containers would vary. They would not be occupied. See Figure 3.

Figure 3: Container Configuration. Image Source: Google Images For all configurations, on-site non-public roads and/or drive aisles would be limited to service and general access. BES Facilities may include space within a building (Configuration 1) or an accessory building (Configurations 2 and 3) for operations and maintenance. The number of staff necessary for a BES Facility would be limited and daily or on-site staff are not present at the facilities. Their roles would be related to remote operations including coordination with local power grid operators. The facility may also include a variety of machinery and equipment and would require periodic maintenance by technicians. However, technicians would not be on-site on a regular basis. Attachment 1, provided by the Southern California Edison, provides more details on BES Facilities.

Planning Department staff has received several inquiries from multiple private companies who have requested direction on how to appropriately develop BES Facilities in Rancho Cucamonga.

The Development Code does not have a land use category to allow for this type of development.

Staff has had internal discussions with other departments to research and review BES Facilities and worked with our code consultant to prepare the draft code amendments to establish a regulatory framework for the development of these facilities.

ANALYSIS:

Staff has determined that the BES Facility land use category would fit best within the Industrial, Manufacturing, and Processing land use categories. In addition, the land use is proposed to be permitted in the Neo-Industrial (NI) zone and the Industrial Employment (IE) zone with approval of a Conditional Use Permit (CUP) to ensure appropriate development and operational requirements are maintained.

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Summary of Proposed Development Code Amendment(s):
•Add a new chapter (17.109) to the Development Code to establish development and operational standards for BES Facilities
•Update Table 17.30.030-1 Allowed Land Uses and Permit Requirements by Base Zone to permit BES Facilities in the following zones: NI and IE. •Addition to the land use definitions in Section 17.32.020.H (Industrial, Manufacturing, and Processing Uses)
Battery Energy Storage Facility means utility-scale stationary batteries that are connected to distribution/transmission networks or power-generation assets. Utility-scale facilities are intended primarily to interact with the electric grid and are not intended to serve a specific end user. Utility- scale facilities increase flexibility in power systems, provide grid reliability support and enable an optimal use of variable electricity sources like photovoltaic and wind.
•Additions to 17.140.020 (Universal Definitions)
Battery means a single cell, stack, core building block, or a group of cells connected electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. Batteries utilized in consumer products are excluded from these requirements.

Battery Energy Storage System means a system consisting of electrochemical storage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-along 12-volt car battery or an electric motor vehicle.

Battery Management System means an electronic system that prevents storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions.
•Addition to the Master Plan requirements in Section 17.22.020.C:

Pursuant to section 17.14.060 and other provisions of this title, a master plan is required for Battery Energy Storage Facilities on sites of 10 acres or more. a. The purpose of the master plan for such facilities is to ensure that the development does not impose significant burdens on city services and nearby properties, as well as to ensure that the development has adequate public services and infrastructure to accommodate the expected use. In addition, the master planning process is expected to ensure that the proposed development provides community benefits that may not otherwise be provided through strict application of the provisions of this title.

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2 1
3 0
Development Regulations
The proposed amendment establishes reasonable zoning and land use regulations regarding the operation of BES Facilities that are intended to address the potential negative impacts of these facilities on the community. Staff worked with a consultant team on the development regulations and have analyzed and discussed the draft material with Building and Safety, Fire, and Engineering staff. Within the draft Development Code Chapter includes regulations listed below as some of the major points of criteria:
•Zoning and location requirements
oConditionally Permitted in NI or IE zones.
o1-Mile maximum separation from a power generation site. o1,000 feet minimum separation from residentially zoned properties. •Emergency Operations Plan for emergency shut-down, de-energizing and isolation of equipment.
oReducing risk of injury and safety measures in case of emergency, reducing impacts to emergency responders and neighboring properties. •Decommissioning plan to remove equipment and restore to previous state of site conditions.
•Change of ownership requirements to provide city notice of change of ownership and acknowledgement of all operating requirements.
•Abandonment plans in response to an abandoned site including the City’s action to remove equipment from the site.

Environmental Assessment:

The proposed ordinance is not subject to the California Environmental Quality Act (“CEQA”), pursuant to State CEQA Guidelines Sections 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendment, establishing standards for the installation and use of energy storage facilities, will have a significant effect on the environment.

The proposed amendment is an administrative process of the City that will not result in a direct or indirect physical change in the environment. Battery Energy Storage Facilities developed pursuant to this ordinance would be independently reviewed and evaluated pursuant to CEQA.

FISCAL IMPACT:

Standard application fees and development impact fees, which are calculated using an established formula will be received. However, the long-term revenue, e.g. sales and/or franchise taxes, that will be generated is uncertain. Employment opportunities will be limited as the operations of the BES facilities are largely automated. As there will be few employees on-site at any time, the contribution to the local economy will also be limited.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

The amendment supports the City Council’s goal of promoting a safe and healthy community for all by imposing appropriate land use controls and operational standards; and any proposed projects have the potential to fulfill the following General Plan goals and policies:

Goal RC-5 Local Air Quality. Healthy air quality for all residents.

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2 1
3 0
Policy RC-5.10 Clean and Green Industry. Prioritize non-polluting industries and companies using zero or low air pollution technologies.

Goal RC-6 Climate Change. A resilient community that reduces its contributions to a changing climate and is prepared for the health and safety risks of climate change.

Policy RC-6.2 Renewable Energy. Encourage renewable energy installations and facilitate green technology and business.

Goal RC-7 Energy. An energy efficient community that relies primarily on renewable and non- polluting energy sources.

ATTACHMENTS:

Attachment 1 – Southern California Edison Battery Storage Overview Attachment 2 – Planning Commission Meeting Minutes, August 28, 2024 Attachment 2 – Signed Planning Commission Resolution 24-30 Attachment 3 – Ordinance No. 1031

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Battery Storage:

A Clean Energy Resource
Battery energy storage is among the clean energy resources transforming Southern California Edison’s power grid. SCE believes that batteries are a fundamental component of a cleaner, more resilient, more cost-effective grid. Over the last few years, SCE has become one of the leading utilities in committing to energy storage resources and bringing them online.

Batteries allow us to capture and store energy during times of low demand, when it is plentiful and inexpensive, and use it during times of high demand, when energy is in short supply and more expensive.

Batteries on the sce Grid
As more and more renewable resources such as
solar and wind come online, batteries can help smooth
out the fluctuations in these resources by storing the
energy they generate and supplying it to the grid later when the sun isn’t shining or the wind isn’t blowing.

Energy storage can also support local distribution circuits impacted by the high penetration of renewable resources and improve power quality.

Battery energy storage can be used by itself or
in combination with other resources, such as
gas-fired peaker plants, to help meet peak demand and sup- port electric grid operations, and can serve
as emergency backup during energy shortfalls or
grid service interruptions.

Over time, greater reliance on storage could also offset tra- ditional ways of meeting increasing energy demand, such as building new power generation stations,
transmission lines, and distribution circuits.

SCE plans to connect between 580 and 747 megawatts of
energy storage to the grid by 2024 by installing
numerous battery energy storage systems.

Benefits of Battery Storage
• Supports overall grid operations
• Reduces greenhouse gas emissions
• Improves the integration of renewable energy resources • Provides additional capacity to the grid in times of need • Potentially defers capital upgrades
• Can be charged during off-peak times, such as

mornings, and then discharged during peak times,
such as hot afternoons, to reduce peak energy needs
• Can be placed strategically in locations on the circuit where they are needed most, with modular designs
that address space and other constraints
Attachment 1

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SCE Battery Energy Storage Resources
At the beginning of 2017, Southern California Edison had nearly 400 megawatts of energy storage under contract, which is almost double the amount that was installed in the entire nation in 2015. These resources include:

Aliso Canyon Energy Storage Procurement
In 2016, SCE entered into a number of contracts for
battery energy storage to increase grid reliability and to help mitigate the impacts of the projected gas shortages from a 2015 leak and subsequent shutdown of SoCal Gas’s Aliso Canyon Natural Gas Storage Facility.

The following contracts represent 62 megawatts of
battery energy storage.
• The installation of two 10 megawatt SCE-owned battery energy storage systems adjacent to SCE’s Mira Loma
peaker facility in Ontario by Tesla Energy.
• The procurement of 22 megawatts of power from
non-SCE owned battery energy storage facilities in
Southern California.
• Installation of 10 megawatts of battery energy storage at each of two gas-fired peaker sites—Center Substation in Norwalk and Grapeland Substation in Rancho
Cucamonga—by General Electric. The units will be
integrated with the peakers, allowing the turbines to
operate in standby mode without using fuel or emitting
greenhouse gases and enabling immediate response to
changing energy dispatch needs.

Preferred Resources Pilot
75 megawatts of battery energy storage was included in
the 125 megawatts of power purchased for the Preferred
Resources Pilot, a multiyear project designed to determine whether “preferred resources”—including solar, wind, energy storage, energy efficiency and energy conservation—can be used to offset the increasing demand for electricity
in Orange County.

Local Capacity Requirements Procurement
SCE purchased 260 megawatts of power from
battery energy storage providers in 2014 as part of a
2200-megawatt procurement designed to meet local
reliability needs for the L.A. Basin. Because energy
storage was cost-competitive when compared with other
preferred resources, the size of the battery
energy storage component was more than five times
the amount that the state required – a widely
recognized game changer for the storage industry.

Demonstration Projects
SCE experiments with new uses of battery technology Irvine Smart Grid Demonstration – Hosted at UC Irvine, to evaluate how the technology might best serve its this demonstration project was an end-to-end study of smart customers. SCE battery energy storage demonstration grid technologies with multiple energy storage systems. The projects include: purpose of the project was to examine how to support the increasing contribution of renewable resources to the power The recently concluded Tehachapi Energy Storage system, the changing demands on the system, and how to Project demonstration was the largest lithium-ion respond to real world concerns. The demonstration was battery energy storage demonstration project in North co-funded by a U.S. Department of Energy grant.

America at commissioning. The facility is located near one of the largest wind generation hubs in the U.S. — the Distribution Energy Storage Integration I (DESI I) Tehachapi Wind Resource Area. It is capable of supplying This battery energy storage system in Orange is SCE’s first 32 megawatt-hours of electricity — 8 megawatts of power pilot system deployed to support its distribution grid. for four continuous hours, which is enough to power 6,000 DESI I’s primary purpose is to help with reliability, homes. With the demonstration concluded, plans are especially during the hottest months when there is an underway to use the facility as a distribution-level resource increased demand for electricity. The system is capable of supporting SCE’s Monolith substation near Tehachapi, CA. supplying 2.4 megawatts of power continuously for about an hour and a half.

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HPC/PC MINUTES – August 28, 2024

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Final
Historic P reservation Commission
and
Planning Commission Agenda
August 28, 2024
FINAL Minutes
Rancho C ucamonga, CA 91730
7:00 p.m.

The regular Joint meeting of the Historic Preservation Commission and Planning Commission was held on August 28, 2024. The meeting was called to order by Chairman Morales at 7:00 p.m.

Roll Call
P
lanning Commission present: Chairman Morales, Vice Chairman Boling, Commissioner Dopp, Commissioner Daniels and Commissioner Diaz.

S
taff Present: Serita Young, Assistant City Attorney; Jennifer Nakamura, Deputy Director of Planning; Bond Mendez, Associate Planner; Shane Adams, Fire Prevention Supervisor; Rick Snawder, Fire Marshal ; Tammy Graciano, Fire Prevention Supervisor; Elizabeth Thornhill, Executive Assistant.

Public Communications
Ch
airman Morales opened the public communications.

H
earing no comments, Chairman Morales closed the public communications.

Consent Calendar
C1.

Consideration to adopt Regular Meeting Minutes of August 14, 2024.

M
otion: Moved by Vice Chairman Boling; seconded by Commissioner Diaz. Motion carried 5-0.

Public Hearings
D1. T
HIS PUBLIC HEARING WILL NOT BE HEARD TONIGHT. A NEW PUBLIC HEARING NOTICE WILL BE DISTRIBUTED IF AND WHEN THE HEARING WILL OCCUR. TENTATIVE TRACT MAP –FORE PROPERTY - A request to consolidate six (6) parcels into one (1) parcel totaling approximately 9.15 acres of land within the Traditional Town Center General Plan Designation and Center 1 (CE1) Zone, located at the northeast corner of Foothill Boulevard and Grove Avenue; APNs: 0207-011-35, - 36, -41, -43, -44, and -

45. Thi
s item is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Section 15305 – Minor Alterations in Land Use Limitations (SUBTT20863; Related file: Design Review DRC2022-00379).

D
eputy Director of Planning Nakamura announced that this item will not be presented, and no further action will be taken at this time.

Attachment 2

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HPC/PC MINUTES – August 28, 2024

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Final
D2. Consideration of a Municipal Code Amendment to amend Title 17 of the Rancho Cucamonga Municipal Code Establishing Battery Energy Storage Facilities as a Use Permitted with a Conditional Use Permit for Properties Located in the Neo- Industrial (NI) and Industrial Employment (IE) Zones. This Item is Exempt from the California Environmental Quality Act, Pursuant to State CEQA Guidelines Section 15061(B)(3). This Item Will be Forwarded to City Council for Final Action.

Planner Bond Mendez presented a PowerPoint presentation (copy on file).

Commissioner Dopp asked Fire Marshal Snawder what kind of technology is out there on how to approach combustion of a lithium-ion battery fire.

Fire Marshal Snawder explained with batteries evolving and suppression systems getting better , they will suppress the fire and have the appropriate water systems to do so.

Commissioner Dopp asked what density of batteries will be included and looked by the fire department.

Fire Marshal Snawder replied that density will be part of the inspection process.

Commissioner Daniels asked if they had a preference regarding the three difference container configurations, and if one is better than the other.

Fire Prevention Supervisor Adams explained that each configuration exposes different hazards and that they do not prefer one type over the other.

Chairman Morales opened the public hearing.

Public comment by Senior Director Nicholas Connell , Government & Regulatory Affairs at Aypa Power , expressed his appreciation to Commissioners and staff for being transparent during the process.

Chairman Morales closed the public hearing.

Commissioner Diaz asked if there is a fire at one of the battery storage facilities how would it be suppressed.

Fire Prevention Supervisor Adams explained they would be able to apply their latest technology available that would shut batteries down preventing a fire.

Commissioner Diaz asked if there was a lithium fire is there a way to suppress it.

Fire Prevention Supervisor Adams answered that the latest fire codes do require battery management systems to be able to control the battery system itself and if they cannot control it, he explained that it would provide an early notification so they can respond quickly before it becomes a fully involved structured fire.

Commissioner Diaz asked if there are other facilities within the city that have a similar type of plan.

Fire Prevention Supervisor Adams responded there are facilities with other types of hazardous materials associated with them. He said there are emergency operation plans and notifications for any applicant to meet the fire code requirements and the environmental requirements by San Bernardino Fire.

Commissioner Diaz asked how often they would require inspections.

Fire Prevention Supervisor Adams answered it would be every three years , and the district can change the frequency if needed.

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HPC/PC MINUTES – August 28, 2024

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Final
Commission Dopp asked that any kind of battery storage facility will need a conditional use permit.

Deputy Director of Planning Nakamura confirmed.

Commissioner Dopp expressed his concern with Neo Industrial and that these facilities do not bring jobs to the community. He asked staff to respond.

Deputy Director of Planning Nakamura explained the Industrial Zones for the city.

Commissioner Dopp stated he wishes the technology of the batteries was further ahead given the ordinance right now and with concerns people have about the specific type of battery. He requested staff to take a second look at Neo Industrial before this goes to City Council and see if there may be a further restriction in that specific zone. He said 450,000 sq. ft. of Neo Industrial seems to be extreme. He said as reluctant as he is in a couple of areas, it is better to be forward on this with the minor edits and he is okay with the recommendations.

Commissioner Daniels stated he did some research and noticed there is a lot of controversy with these types of facilities going on in the state. He said most of the controversies are where they are located, and it seems if they are in the Industrial zones, a lot of the issues go away. He mentioned he noticed in an ordinance in another city that they required cameras at the facilities and monitoring was done by the applicant and he does not know if it would be a plus or not. He expressed staff did a good job and he does not have any issues with how the ordinance is being presented.

Vice Chairman Boling asked for clarity on the maximum 1 mile from the connecting utility. He said what we are talking about is 1 mile from a substation and not the transmission line.

Deputy Director of Planning Nakamura confirmed.

Vice Chairman Boling asked about the basis for citing requirements of the 1 mile and 1000 feet , are these numbers consistent with other sections of the development code.

Deputy Director of Planning Nakamura answered no and mentioned sometimes they may be greater than what is required in the development code for other types of uses.

Vice Chairman Boling mentioned in Exhibit B, Section 17.109.04 Emergency Operations Plan. He asked who the approval authority is for Emergency Operations Plan.

Fire Prevention Supervisor Adams answered it is collaborative.

Vice Chairman Boling asked if it would be Rancho Fire that would be the authority.

Fire Prevention Supervisor Adams confirmed.

Vice Chairman Boling stated with regards to fire engagement, responding and training he asked are there any tools, chemicals, materials that are specific to battery fire responses. He said if there are specialized equipment for materials necessary to respond and address a fire at one of these facilities does it not make sense to have the applicant pay for those types of specialty equipment that we would not otherwise have a need to purchase out of the district’s budget.

Fire Prevention Supervisor Adams answered that o ther than trying to smother it and cool it, there are no chemicals out there to neutralize it, but they have worked with various industrial businesses in the city that have very unique hazard associated with processes and Fire has required specific materials that businesses maintain and set up before Fire responds.

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HPC/PC MINUTES – August 28, 2024

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Final
Vice Chairman Boling clarified if it were to come up some specialized equipment or material would be necessary, we could require, as one of the conditions of approval, the future applicant store, maintain and have available those items for fire response if an emergency was to happen.

Fire Prevention Supervisor Adams confirmed.

Vice Chairman Boling asked if there was a need for more frequent inspections, is there an inspection fee charged back to the applicant to cover the costs.

Fire Prevention Supervisor Adams answered that the fire district is currently on fee waivers for inspections and have a fee waiver as part of their fee ordinance that waves inspections and operational permit costs.

Deputy Director of Planning Nakamura mentioned that inspection fees exist, and the waiver program get s reviewed on an annual basis by the Fire Board.

Vice Chairman Boling stated regarding CEQA applicability development code amendment, what we are taking action on tonight is exempt from CEQA. However, any future projects that may come forward may or may not be subject to CEQA and would be considered on a case-by-case basis.

Deputy Director of Planning Nakamura confirmed.

Deputy Director of Planning Nakamura expressed her appreciation to our Stakeholders who worked with us during this process as well as the Fire District.

Motion: Moved by Commissioner Diaz, seconded by Commissioner Dopp to adopt Resolution 24-30 to forward recommendation to City Council to adopt proposed Ordinance. Motion carried 5-0.

E. Director Announcements

Deputy Director of Planning Nakamura mentioned we will have an Economic Development Annual Strategic Plan Update at the next meeting.

F. Commission Announcements – None

G. Adjournment

Motion: Moved by Vice Chairman Boling, seconded by Commissioner Diaz to adjoin the meeting. Hearing no objections, Chairman Morales adjourned the meeting at 7:50 p.m.

Respectfully submitted,

Elizabeth Thornhill, Executive Assistant
Planning and Economic Development Department

Approved:

HPC/PC September 11th Meeting.

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Attachment 3

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ORDINANCE NO. 1031

AN ORDINANCE OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL

CODE AMENDMENT TO AMEND ARTICLES III, V, AND IX
OF TITLE 17 OF THE MUNICIPAL CODE, TO ESTABLISH

STANDARDS FOR THE INSTALLATION AND USE OF

BATTERY ENERGY STORAGE FACILITY USES, AND

FINDING AN EXEMPTION FROM CEQA UNDER SECTION
15061(B)(3) OF THE CEQA GUIDELINES
The City Council of the City of Rancho Cucamonga does ordain as follows:

SECTION 1. Recitals.

A. The City of Rancho Cucamonga (the “City”), has prepared Municipal Code Amendment, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment is referred to as “the amendment”.

B. The City is a municipal corporation, duly organized under the constitution and laws of the State of California.

C. As shown in the Exhibits A, B, C, and D of this Ordinance, the amendment proposes to amend Articles III, V, and IX of Title 17 of the Municipal Code to establish new standards for the installation and use of battery energy storage facilities.

D. On the August 28, 2024, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the amendment and, following the conclusion thereof, adopted Resolution No. 24-30 recommending that the City Council of the City of Rancho Cucamonga adopt said amendment.

E. On October 2, 2024, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing on that date.

F. All legal prerequisites to the adoption of this Ordinance have occurred.

SECTION 2. Findings. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17 (Development Code) in the amendment are consistent with the Development Code and the General Plan’s goals, policies and implementation programs.

Pursuant to Section 17.22.040(C) of the Municipal Code, amendments to the Municipal Code “may be approved only when the City Council finds that the amendment[s] are consistent with the General Plan goals, policies, and implementation programs.” The proposed amendment is consistent with the following General Plan goals and policies:
•Goal RC-5 Local Air Quality. Healthy air quality for all residents. •Policy RC-5.10 Clean and Green Industry. Prioritize non-polluting industries and companies using zero or low air pollution technologies. •Goal RC-6 Climate Change. A resilient community that reduces its contributions to a changing climate and is prepared for the health and safety risks of climate change.

Ordinance No. 1031 – Page 1 of 11 ATTACHMENT 4

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•Policy RC-6.2 Renewable Energy. Encourage renewable energy installations and facilitate green technology and business.
•Goal RC-7 Energy. An energy efficient community that relies primarily on renewable and non-polluting energy sources.

SECTION 3. CEQA. The proposed amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendment, establishing standards for the installation and use of energy storage facilities, will have a significant effect on the environment. The proposed amendment is an administrative process of the City that will not result in direct or indirect physical changes in the environment. The City Council has reviewed the administrative record concerning the proposed amendment and the proposed CEQA determination, and based on its own independent judgment, finds that the amendment set forth in this Ordinance is not subject to, or exempt from, the requirements of the CEQA and the State CEQA Guidelines pursuant to CEQA Section 21080.17 and CEQA Guidelines Section 15061(b)(3).

SECTION 4. The City Council hereby amends Section 17.22.020 (Master Plan) of Chapter

17.22 (City Council Decisions) to Article II (Land Use and Development Procedures) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to add the following master plan requirements as shown in Exhibit A of this Ordinance, attached hereto and incorporated herein by this reference: master plan requirement.

SECTION 5. The City Council hereby amends Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) of Chapter 17.30 (Allowed Land Use by Base Zone) to Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to add the following defined land use and permit requirements by zone as shown in Exhibit B of this Ordinance, attached hereto and incorporated herein by this reference: Battery Energy Storage Facility.

SECTION 6. The City Council hereby amends Section 17.32.020.H (Allowed Use Descriptions) of Chapter 17.32 (Allowed Use Descriptions) to Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to add the following defined land use description in alphabetical order as shown in Exhibit C of this Ordinance, attached hereto and incorporated herein by this reference: Battery Energy Storage Facility.

SECTION 7. The City Council hereby adds a new Chapter 17.109 entitled “Battery Energy Storage Facilities” to Article V (Specific Use Requirements) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit D of this Ordinance, attached hereto and incorporated herein by this reference.

SECTION 8. The City Council hereby amends Section 17.140.020 (Universal Definitions) of Chapter 17.140 (Universal Definitions) of Article IX (Glossary) of Title 17 (Development Code) to add the following defined terms in alphabetical order to read as shown in Exhibit E of this Ordinance, attached hereto and incorporated herein by this reference: battery; battery management system; and battery energy storage system.

SECTION 9. Severability. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such Ordinance No. 1031 – Page 2 of 11

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decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 10. Enforcement. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.

SECTION 11. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.

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

Dennis Michael
Mayor
I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2024, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

ATTEST:

City Clerk
Ordinance No. 1031 – Page 3 of 11

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EXHIBIT A
Amendments to Title 17, Article II (Land Use and Development Procedures), Chapter

17.22 (City Council Decisions)
Section to which requirements shall be added:
•Section 17.22.020 (Master Plan)
The following requirements shall be added to Section 17.22.020.C (Master Plan Requirements) as new subsection 4
Pursuant to section 17.14.060 and other provisions of this title, a master plan is required for Battery Energy Storage Facilities on sites 10 acres or greater in size.

The purpose of the master plan for such facilities is to ensure that the development does not impose significant burdens on city services and nearby properties, as well as to ensure that the development has adequate public services and infrastructure to accommodate the expected use. In addition, the master planning process is expected to ensure that the proposed battery energy storage facility provides community benefits that may not otherwise be provided through strict application of the provisions of this title.

Ordinance No. 1031 – Page 4 of 11

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EXHIBIT B
Amendments to Title 17, Article III (Zones, Allowed Uses, and Development Standards), Chapter 17.30 (Allowed Land Use by Base Zone)
Table to which land use shall be added:
•Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) The following land use shall be added to Table 17.30.030-1 under the subheading of “Industrial, Manufacturing and Processing Uses” in alphabetical order to be conditionally permitted (C) in the Neo Industrial (NI) and Industrial Employment (IE) zones and not permitted (N) in all other zones:

Battery Energy Storage Facility
Ordinance No. 1031 – Page 5 of 11

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EXHIBIT C
Amendments to Title 17, Article III (Zones, Allowed Uses, and Development Standards), Chapter 17.32 (Allowed Use Descriptions)
Section to which land use shall be added:
•Section 17.32.020.H (Allowed Use Descriptions)
The following definition shall be added to Section 17.32.020.H (Allowed Use Descriptions) in alphabetical order:

Battery Energy Storage Facility. Utility-scale stationary batteries that are connected to distribution/transmission networks or power-generation assets. Utility-scale facilities are intended primarily to interact with the electric grid and are not intended to serve a specific end user. Utility- scale facilities increase flexibility in power systems, provide grid reliability support and enable an optimal use of variable electricity sources like photovoltaic and wind.

Ordinance No. 1031 – Page 6 of 11

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EXHIBIT D
Amendments to Title 17, Article V (Specific Use Requirements) Added Chapter:
•Chapter 17.109 (Battery Energy Storage Facilities)
Chapter 17.109 (Battery Energy Storage Facilities)
Chapter 17.109 BATTERY ENERGY STORAGE FACILITIES

17.109.010 Purpose and intent.

17.109.020 Applicability.

17.109.030 Development standards.

17.109.040 Emergency operations plan.

17.109.050 Decommissioning plan.

17.109.060 Change of ownership.

17.109.070 Abandonment.

17.109.010 Purpose and intent.

The purpose of this chapter is to establish standards for the installation and use of battery energy storage facilities. The standards set forth herein are intended to protect the health, welfare, safety, and quality of life for the general public, to ensure compatible land uses in the areas affected by battery energy storage facilities and to mitigate the impacts of battery energy storage facilities on the environment.

17.109.020 Applicability.

The requirements of this chapter shall apply to all utility-scale battery energy storage facilities permitted, installed, or modified after the effective date of this chapter, excluding general maintenance and repair. Utility-scale battery energy storage facilities constructed or installed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter.

Modifications to, retrofits, or replacements of an existing battery energy storage facility that increases the total battery energy storage system designed discharge duration or power rating shall be subject to this chapter. All proposed battery energy storage facility sites within existing properties owned by the Southern California Edison Company and the Rancho Cucamonga Municipal Utility shall be exempt from the requirements of this chapter.

17.109.030 Development standards.

A.Location Requirements. Siting battery energy storage facilities shall comply with the following locations:

1.Neo-Industrial (NI) or Industrial Employment (IE) Zones with the issuance of a Conditional Use Permit as shown in Table 17.30.030-1.

Ordinance No. 1031 – Page 7 of 11

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2.Maximum 1 mile from the connecting utility as measured from the nearest point of each parcel boundary.

3.Minimum 1,000 feet from residentially zoned properties as measured from the nearest point of each parcel boundary.

B.Maximum Lot Size. Ten acres net. Sites ten acres or greater will require a Master Plan application subject to the approval of City Council as outlined in Section 17.22.020 (Master Plan).

C.Setbacks. Battery energy storage facilities shall maintain at least a 10-foot setback from all property lot lines.

D.Screening.

1.The site for a battery energy storage facility shall be fully enclosed by a minimum six-foot, non-scalable solid wall. The walls shall consist of either decorative concrete masonry block or decorative concrete tilt-up walls.

2.Landscaping is required along the outer edge of the solid wall. See chapter 17.56 (Landscaping Standards) for landscaping standards.

E.Hardscape. All driveways and pathways between battery energy storage system structures, and any other associated pad-mounted structures, shall contain pervious pavement or similar material (e.g., gravel).

F.Lighting. Onsite lighting shall be limited to the minimally required amount for safety and operational purposes. See chapter 17.58 (Outdoor Lighting Standards) for lighting standards.

G.Parking and Access. Parking and access for battery energy storage facilities shall be provided as follows:

1.Battery energy storage facilities shall provide a minimum of one parking space for maintenance vehicles.

2.The site for a battery energy storage facility shall provide access for a maintenance vehicle. The access shall comply with the dimensional standards in chapter 17.64 (Parking and Loading Standards).

3.The driveway entrance shall have a locking gate. The gate shall be tubular steel wrought iron and shall be backed by perforated metal sheeting painted to match the gate.

H.Noise.

1.Battery energy storage facilities are subject to the noise standards as outlined in Section

17.66.050 (Noise Standards). Applicants shall submit equipment and component manufacturer’s noise ratings to demonstrate compliance.

2.At the discretion of the planning director, a separate noise study may be required.

I.Signage.

Ordinance No. 1031 – Page 8 of 11

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1.All signage shall be in compliance with the American National Standards Institute (ANSI) Z535 and include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and 24-hour emergency contact information.

2.As required by the National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

J. Building and Construction codes. Battery energy storage facilities shall comply with all applicable standards of the Building and Construction Regulations of the City of Rancho Cucamonga and the adopted Fire Code. See title 15 (Buildings and Construction).

K. Utility Undergrounding. Utilities shall be undergrounded unless prohibited by Southern California Edison or the Rancho Cucamonga Municipal Utility. Such prohibition of undergrounding utilities shall be provided in writing to the planning director.

17.109.040 Emergency operations plan.

All applications shall include an emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner, the fire marshal, and the Rancho Cucamonga Fire District. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire officials, and emergency responders. The emergency operations plan shall include the following information:

A.Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.

B.Procedures for inspection and testing of associated alarms, interlocks, and controls.

C.Procedures to be followed in response to notifications from the battery management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to emergency personnel for potentially hazardous conditions in the event of a system failure.

D.Emergency procedures to be followed in case of fire, explosions, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures may include sounding the alarm, notifying the fire district, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.

E.Procedures for dealing with battery energy storage facility equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.

F.Other procedures as determined necessary by city officials to provide for the safety of neighboring properties and emergency responders.

G.Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.

Ordinance No. 1031 – Page 9 of 11

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17.109.050 Decommissioning plan.

All applications shall include a decommissioning plan. The decommissioning plan shall include the following:

A.A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage facility components, structures, equipment, security barriers, and transmission lines from the site.

B.Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

C.The anticipated life of the battery energy storage facility.

D.The estimated decommissioning costs and how the estimate was determined.

E.The method of ensuring that funds will be available for decommissioning and restoration.

F.The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage facility, such as structural elements, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the facility is removed.

G.A listing of any contingencies for removing an intact operational battery energy storage system unit(s) from service, and for removing a battery energy storage system(s) unit from service that has been damaged by a fire or other event.

H.The owner and/or operator of the battery energy storage facility shall implement the decommissioning plan upon abandonment and/or in conjunction with removal of the facility.

I.The owner and/or operator of the battery energy storage facility shall continuously maintain a fund payable to the city, in a form and amount approved by the city for the removal of the battery energy storage facility, for the period of the life of the facility. All costs shall be borne by the applicant.

17.109.060 Change of ownership or operator.

A new owner or operator of a battery energy storage facility shall notify the planning department of such change in ownership or operator within 30 days of the ownership or operator change.

17.109.070 Abandonment.

The battery energy storage facility shall be considered abandoned when it ceases to operate for more than one year. If the owner and/or operator fails to comply with the decommissioning plan under section 17.109.050 upon abandonment, the city may, at its discretion, enter the property and utilize the available bond and/or security for the removal of a battery energy storage facility and restoration of the site in accordance with the decommissioning plan.

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EXHIBIT E
Amendments to Title 17, Article IX (Glossary), Chapter 17.140 (Universal Definitions) Sections to which definitions shall be added:
•Section 17.140.020 (Universal Definitions)
The following definitions shall be added to Section 17.140.020 (Universal Definitions) in alphabetical order:
“Battery” means a single cell, stack, core building block, or a group of cells connected electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. Batteries utilized in consumer products are excluded from these requirements. “Battery management system” means an electronic system that prevents storage batteries from operating outside their safe operating parameters and disconnects electrical power to the battery energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The battery management system generates an alarm and trouble signal for abnormal conditions.
“Battery energy storage system” means a system consisting of electrochemical storage batteries, battery chargers, controls, power conditioning systems, and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle.

Ordinance No. 1031 – Page 11 of 11

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CESA | 808 R Street, #209, Sacramento, CA 95811 | 916.231.2150 | www.storagealliance.org October 2, 2024
Mayor and Members of the City Council
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
RE: Item G1. Public Hearing for Consideration of First Reading of Ordinance No. 1031, Related to Battery Energy Storage Systems
Dear Mayor Dennis Michael and City Council Members:

On behalf of the California Energy Storage Alliance (CESA), I write regarding Ordinance No. 1031 related to Battery Energy Storage Systems (BESS) in the City of Rancho Cucamonga.

CESA is a 501(c)(6) membership-based advocacy group committed to advancing the role of energy storage in the electric power sector. We strive to advance a more affordable, efficient, reliable, safe, and sustainable electric power system for all Californians. CESA supports safety measures for BESS to protect public safety. We appreciate the city’s review and update of their code to include BESS as an approved use with a conditional use permit, and we offer the following comments.

BESS is a crucial piece of the energy mix for California and local jurisdictions to meet their electric reliability and decarbonization goals. The thousands of megawatts (MW) of energy storage deployed since 2020 have played a critical role in preventing grid emergencies, despite the intensity of the recent heat wave.1 However, much more energy storage is needed.

Thousands of additional MW of BESS will be necessary in the next few years to meet load growth from electric vehicles and data centers at the same time we must retire the state’s remaining nuclear and once through-cooling gas-fired power plants.

We support the city’s efforts to update their code to include BESS and the city’s larger policy objectives included in land use policy RC-7, to promote an energy efficient community that relies primarily on renewable and nonpolluting energy sources. BESS will play a critical role to helping the city achieve its climate and energy goals, including the electrification of the transportation sector and buildings. Additionally, the Governor’s Office estimates the state will need 52,000 MW of energy storage by 2045 to accomplish our greenhouse gas mitigation goals. Attaining these goals, which will help mitigate the negative impact of fires, droughts, and floods due to climate change, depends on the aggressive deployment of BESS to store renewable energy for use when customers need it.

However, we do have concerns with the proposed zoning and location requirements, specifically the proposed 1,000 ft set-back from residentially zoned properties. Any set-back requirement should be based on codes and standards, or specific analysis related to impacts on adjacent land uses. CESA recommends that BESS setback requirements comply with the National Fire Protection Association (NFPA) 855 requirements specific to setbacks and buffers. NFPA 855 includes specifications for setbacks and buffering between the energy storage system and property lines, buildings, and other potential exposures. These distances are determined based 1 Storrow, Benjamin. “What Heatwave? Batteries Keep the Lights on in California.” E&E News. September 10, 2024. https://www.eenews.net/articles/what-heat-wave-batteries-keep-the-lights-on-in california-2/ 10/2/2024 REGULAR CCM - ITEM G1 - ADDITIONAL CORRESPONDENCE

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CESA | 808 R Street, #209, Sacramento, CA 95811 | 916.231.2150 | www.storagealliance.org

on type and size of the energy storage system, its energy capacity, and the surrounding environment. NFPA 855 is the safety standard, developed by firefighters, fire protection professionals, and safety experts, that provides comprehensive requirements and guidance on the design, installation, and operation of energy storage facilities for all site and community contexts. We support promoting consistent standards based on codes developed by safety experts.

Furthermore, we request that the language used in the zoning and location requirements related to the maximum separation from a “power generation site” be clarified to state “substation.” A “power generation source” has other meanings among electricity sector professionals. We respectfully request that the ordinance be clarified to be specific to the intended purpose of creating a maximum separation distance from a BESS facility to the point of interconnection at the substation.

We thank you for the opportunity to provide comments on the proposed ordinance. CESA would like to be a resource to the city for any additional information you may need related to energy storage. If you have any questions, please feel free to contact me at [email protected].

Sincerely,

Scott Murtishaw
Executive Director, CESA

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DATE:October 2, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Julie A. Sowles, Deputy City Manager of Civic and Cultural Services Linda A. Troyan, MMC, City Clerk Services Director
Patricia Bravo-Valdez, MMC, Deputy Director of City Clerk Services SUBJECT: Public Hearing for Consideration of a Resolution Adopting By Reference the Standard Conflict of Interest Provisions of California Code of Regulations Title 2, Section 18730 and Approving an Amended Appendix I, to Account for the Addition, Deletion and Modification of Positions Listed as "Designated Positions". (RESOLUTION NO. 2024-101) (CITY) RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution approving an amended Conflict of Interest Code, Appendix I, to account for the addition, deletion, and modification of positions listed as “designated positions”.

BACKGROUND:

Under the Political Reform Act, all public agencies are required to adopt a Conflict of Interest Code that identifies all officials and employees within the agency who make governmental decisions or participate in making decisions based on the positions they hold. The individuals in the designed positions must disclose their financial interests in investments, interests in real property, sources of income and business positions that may affect in their decision-making on a form called Statement of Economic Interests (Form 700).

To ensure the code remains current and accurate, cities are required to review their Conflict of Interest Code in even-numbered years. The City of Rancho Cucamonga previously adopted Regulation 18730 (referred to as the model or standard code by the Fair Political Practices Commission) by reference and, as such, the terms of the code (Exhibit A to the Resolution) is up to date.

At the June 19, 2024 City Council meeting, city staff was directed to proceed with the biennial review of the Conflict of Interest Code.

ANALYSIS:

It is essential and legally required that an agency’s Conflict of Interest Code reflect the current structure of the agency and properly identifies all officials and employees who should be filing a Statement of Economic Interests, Form 700.

Due to various changes in job classifications titles, job responsibilities and the deletion and addition of positions in several departments, it is necessary to amend the code to reflect these revisions in the list of designated positions, (Appendix I). Appendix II also includes disclosure requirements for designated consultants.

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2 5
5 6
Public notification was achieved by posting of the agenda and public hearing notice, publication of the hearing notice in the newspaper and notification to the proposed designated positions.

FISCAL IMPACT:

None.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

The Conflict of Interest Code update helps advance and ensure adherence to State reporting requirements by City employees therefore anticipating and planning for the future.

ATTACHMENTS:

Attachment – 1 City Council Resolution No. 2024-101
Exhibit “A” – Terms of the Code
Appendix “I” – List of Designated Positions
Appendix “II” – Detailed Disclosure Categories

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Resolution No. 2024-XXX
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, ADOPTING BY REFERENCE THE

STANDARD CONFLICT OF INTEREST PROVISIONS OF
CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 18730

AND APPROVING AN AMENDED APPENDIX I, TO ACCOUNT FOR

THE ADDITION, DELETION AND MODIFICATION OF POSITIONS
LISTED AS “DESIGNATED POSITIONS”
WHE
REAS, pursuant to the requirements of the California Political Reform Act (the “Act”) , Section 81000 of the California Government Code, all local governmental agencies must adopt Conflict of Interest Codes applicable to every officer, employee, member or consultant of the agency whose position entails the making or participating in the making of decisions that may foreseeably have a material financial effect on any financial interest, and which code requires such designated employees to disclose and disqualify themselves from making, participating in, or attempting to influence such decisions; and
WHE
REAS, the City has previously adopted the terms of California Code of Regulations Title 2, Section 18730, the Conflict of Interest Code terms promulgated by the Fair Political Practices Commission (“FPPC”) by City of Rancho Cucamonga Resolution No. 2022-127; and WHE
REAS, the City Council of the City of Rancho Cucamonga, as the Code Reviewing body under the Act, adopts, affirms and incorporates by reference the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC; and
WHE
REAS, the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC, along with Appendix “I”, amending the list of designated officials and including establishment of certain positions, and Appendix “II” setting forth amended disclosure categori es, does constitute the Conflict of Interest Code of the City of Rancho Cucamonga; and WHE
REAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Section 87306 and 87307 of the Act to amend and update the City’s Conflict of Interest Code; and
WHE
REAS, notice of the time and place of a public meeting on, and consideration by the City Council of, the proposed amended Conflict of Interest Code was provided to each designated position; and
WHE
REAS, a public meeting was held upon the proposed amended Conflict of Interest Code at a regular meeting of the City Council on October 2, 2024, at which all present were given an opportunity to be heard on the proposed amended Conflict of Interest Code; NO
W, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows:

1. The standar
d Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC is hereby incorporated by reference.

ATTACHMENT 1

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Resolution No. 2024-XXX

2. The amended list of designated positions subject to the requirements of the Conflict of Inter
est Code are set forth in Appendix I and the disclosure categories are s et for
th in Appendix II.

3. The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC and the Appendices I and II constitute the Conflict of Interest Code for the City of Ranc ho C
ucamonga.

4. The City Council of the City of Rancho Cucamonga does hereby adopt the attached C
onflict of Interest Code (Exhibit A) and Appendix I and II.

P
ASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho Cucamonga at its regular meeting held on the 2nd day of October 2024.

L. Dennis Michael, Mayor
A
TTEST:
______________________________________

Janice C. Reynolds, City Clerk
I,
JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 2
nd day of October 2024.

E
xecuted this 3rd day of October 2024, at Rancho Cucamonga, California.

AT
TEST:
______________________________________

Janice C. Reynolds, City Clerk

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Resolution No. 2024-XXX

EXHIBIT “A”

CITY OF RANCHO CUCAMONGA

CONFLICT OF INTEREST CODE

The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a Regulation (California Code of Regulations, Title 2, Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulat ion and the attached Appendices , designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Rancho Cucamonga.

Individuals holding designated positions shall file their statements of economic interests with the City Clerk of the City of Rancho Cucamonga, which will make the statements available for public inspection and reproduction (Gov. Code Sec. 81008). All statements will be retained by the City Clerk.

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Rancho Cucamonga City CouncilOctober 2, 2024

Rancho Cucamonga City Council
October 2, 2024