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2024/06/05- Regular Meeting - Agenda Packet
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.” Page 1 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 June 5, 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 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.” Page 2 D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON COMPANY, SBSC CASE NO. CIVSB2201969. (CITY) D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 1089-593-01-0000 COMMONLY KNOWN AS ADDRESS 7150 ETIWANDA, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JIM BANKS REPRESENTING ETIWANDA HISTORIC SOCIETY, REGARDING PRICE AND TERMS. (CITY) D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8; PROPERTY: 19,318 SQUARE FOOT PIECE OF CITY-OWNED VACANT LAND LOCATED ON THE WEST SIDE OF HAVEN AVENUE AND SOUTH OF 26TH STREET RANCHO CUCAMONGA, CALIFORNIA 91730 (ADJACENT TO 8636 HAVEN AVENUE); CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: DEAN NUCICH, URBAN OFFERINGS; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. (CITY) D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT. (CITY) D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272-11, 0209-143-21, AND 0209-272-22 AND CERTAIN ADJACENT RIGHT-OF-WAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. (CITY) D6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090-331-03- 0000, 1090-331-04-0000, 1089-581-04-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. (CITY) E. RECESS 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.” Page 3 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. Recognition of Rancho Cucamonga Community Programs Coordinator, Joanna Marrufo, Recipient of the 2024 Hometown Hero Award Presented by Modern Woodmen of America. 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. --- 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.” Page 4 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 Regular Meetings of May 15, 2024. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,427,803.07 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $13,037,205.71 Dated May 06, 2024, Through May 22, 2024 and City and Fire District Electronic Debit Registers for the Month of April in the Total Amount of $1,532,898.72. (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 $17,840.85 Dated May 06, 2024, through May 22, 2024. (CITY/FIRE) D4. Consideration to Cancel and Reschedule the September 18, 2024, Regular Meetings of the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and City Council to September 17, 2024. (CITY/FIRE) D5. Consideration to Reject the Bid for the CDBG Concrete Rehabilitation Project FY 2023-24 as Non-Responsive to the Needs of the City. (CITY) D6. Consideration of a Single Source Procurement of HydroPoint WeatherTrak Smart Irrigation Controllers from SiteOne Landscape Supply in an Amount not to Exceed $500,000 for FY 2024/25. (CITY) D7. Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021-011 in the Amount of $3,370,696 for the Fire Station 178 Project. (CITY/FIRE) D8. Consideration to Award a Professional Services Agreement to Colts Landscape, Inc for Landscape and Irrigation Maintenance for General Fund and LMD 1 Parkways, Paseos, and Medians in an Amount Not to Exceed $926,190 for FY 2024/25. (CITY) D9. Consideration to Award a Professional Services Agreement to Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance for Haven Avenue and Foothill Boulevard Medians and LMD 3B Parkways and Medians in an Amount Not to Exceed $410,150 for FY 2024/25. (CITY) D10. Consideration of Amendment No. 03 to the Professional Services Agreement with NV5, Inc. (Contract No. 19- 110) for a Two-Year Renewal for Electrical Engineering Design and Support. (CITY) D11. Consideration of Amendment No. 03 to the Professional Services Agreement with Yunex, LLC (Contract No. 19-111) for a Two-Year Renewal for Streetlight Knockdown Services. (CITY) D12. Consideration of Amendment No. 03 to the Professional Services Agreement with Yunex, LLC (Contract No. 19-112) for a Two-Year Renewal for Annual Streetlight Maintenance Services. (CITY) D13. Consideration of Amendment No. 6 to Contract No. 18-030 with Mariposa Landscapes, Inc. for LMDs 6R, 9, and 10 Parkway, Paseo, and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $159,400 through September 30, 2024. (CITY) 8 16 29 31 32 35 41 44 47 50 52 53 55 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.” Page 5 D14. Consideration of Amendment No. 7 to Contract No. 16-262 with BrightView Landscape Services for PD 85 Parks Landscape and Maintenance in an Amount Not to Exceed $323,800 for FY 2024/25. (CITY) D15. Consideration of Amendment No. 7 to Contract No. 19-187 with West Coast Arborists, Inc. for Citywide Tree Maintenance Services in an Amount Not to Exceed $1,963,310 for FY 2024/25. (CITY) D16. Consideration of Amendment No. 8 to Contract No. 16-148 with BrightView Landscape Services for LMD 1 Parks Landscape and Maintenance in an Amount Not to Exceed $353,620 for FY 2024/25. (CITY) D17. Consideration of Amendment No. 9 to Contract No. 17-143 with Mariposa Landscapes, Inc. Park Mowing and Facility Landscape Maintenance in an Amount Not to Exceed $1,107,360 for FY 2024/25. (CITY/FIRE) D18. Consideration of Amendment No. 11 to the Agreement with Pacific Utility Installation, Inc. (Contract No. 19- 085), Amendment No. 05 to the Agreement with International Line Builders, Inc. (Contract No. 19-086) and Amendment No. 03 to the Agreement with Henkels & McCoy West, Inc. (Contract No. 19-148) for a Two-Year Renewal for High Voltage Electrical Support and Related Infrastructure. (CITY) D19. Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds for the Lemon Avenue Pavement Rehabilitation Project. (CITY) D20. Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention, and Bonds for the Banyan Street Pavement Rehabilitation Project. (CITY) D21. Consideration of Approval of Resolutions for the Landscape Maintenance Districts, Street Lighting Maintenance Districts, and Park and Recreation Improvement District as follows: (1) Resolutions Ordering the Preparation of the Annual Engineer’s Reports; (2) Resolutions Approving the Preliminary Annual Engineer’s Reports; (3) Resolutions of Intention to Levy Annual Assessments and Sets the Time and Place for a Public Hearing for Each. (RESOLUTION NOS. 2024-044 TO 2024-052) (CITY) D22. Consideration to Order the Annexation to Landscape Maintenance District No. 1 Related to Case No. BPR2023-00028, Located at 9353 19th Street. (RESOLUTION NO. 2024-038) (CITY) D23. Consideration to Approve and Adopt Resolutions Certifying the Results of Elections and Adding Annexation Nos. 2024-5, 2024-9, and 2024-10 to Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga. (RESOLUTION NOS. 2024-040, 2024-041 AND 2024-042) (CITY) D24. Consideration of Approval to Adopt an Annexation Map Showing Assessor Parcel Number 0225-122-71, Which are Proposed to be Annexed Into CFD No. 88-1; Approval to Adopt a Resolution of Intention to Annex Territory Referred to as Annexation No. 88-24-1 into Community Facilities District No. 88-1, Specifying Services Proposed to be Financed, to Set and Specify the Special Taxes Proposed to be Levied Within the Annexation Territory; and Set a Time and Place for a Public Hearing Related to the Annexation. (RESOLUTION NO. FD 2024-005) (RESOLUTION NO. FD 2024-006) (FIRE) D25. Consideration to Adopt a Resolution Allocating Road Maintenance and Rehabilitation Account (RMRA) Program Funds for Fiscal Year 2024/25. (RESOLUTION NO. 2024-036) (CITY) D26. Consideration to Order the Annexation to Landscape Maintenance District No. 7 Related to Case No. DRC2023-00001, Located at 12974 Banyan Street. This Project Has Been Determined by Staff to Be Exempt From the California Environment Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15303 – New Construction or Conversion of Small Structures. (RESOLUTION NO. 2024-037) (CITY) D27. Consideration to Approve the Rancho Cucamonga Municipal Utility's Wildfire Mitigation Plan. (RESOLUTION NO. 2024-043) (CITY) 57 59 61 63 65 67 70 74 507 514 531 547 552 560 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.” Page 6 D28. Consideration of Resolutions Adopting Updated Records Retention Schedules, Authorizing Destruction and Rescinding Previous Records Retention Schedules. (RESOLUTION NO. 2024-039) (RESOLUTION NO. FD 2024-007) (CITY/FIRE) E.CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1029 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.52.025 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO ADD THE EAST AVENUE PAID PARKING ZONE AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT F.ADMINISTRATIVE HEARING ITEM(S) F1. Consideration of a Fourth Amendment to the Disposition and Development Agreement Between the City of Rancho Cucamonga, San Bernardino County Transportation Authority (SBCTA) and DesertXpress Enterprises, LLC, dba Brightline West (BLW) for a Portion of Property Located at the Northwest Corner of Milliken Avenue and Azusa Court, Including Revised Site Plan, Grant Deed, and Easements Across Portions of Right-Of-Way on 8th Street, Milliken Avenue, and the Cucamonga Station Property, for the Development of a High Speed Rail Station and Track at the Cucamonga Station in Rancho Cucamonga; and Conditions, Covenants, Restrictions, and Easements Between the City, SBCTA, and BLW Applicable to Each Entity’s Property Interests; An Environmental Assessment for the High Speed Rail Project, Including the Rancho Cucamonga Station, was Prepared by the Federal Railroad Administration. (CITY) G.ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT H.CITY MANAGER'S STAFF REPORT(S) 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 588 749 753 --- --- 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.” Page 7 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 Services Department 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. *DRAFT* May 15, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 1 of 8 May 15, 2024 CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City Council of the City of Rancho Cucamonga held a Closed Session on Wednesday, May 15, 2024, in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Pro Tem Kennedy called the meeting to order at 5:00 PM. Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, and Mayor Pro Tem Lynne Kennedy. Absent: Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Elisa Cox, Assistant City Manager; Nicholas Gh irelli, City Attorney 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 REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8; PROPERTY: 19,318 SQUARE FOOT PIECE OF CITY-OWNED VACANT LAND LOCATED ON THE WEST SIDE OF HAVEN AVENUE AND SOUTH OF 26TH STREET RANCHO CUCAMONGA, CALIFORNIA 91730 (ADJACENT TO 8636 HAVEN AVENUE); CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: DEAN NUCICH, URBAN OFFERINGS; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. (CITY) D2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON COMPANY, SBSC CASE NO: CIVSB2201969. (CITY) E. RECESS The closed session recessed at 5:58 p.m. Page 8 *DRAFT* May 15, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 2 of 8 REGULAR MEETING – 7:00 PM CALL TO ORDER – COUNCIL CHAMBERS The 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 May 15, 2024, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Pro Tem Kennedy called the meeting to order at 7:00 PM. Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, and Mayor Pro Tem Lynne Kennedy. Absent: Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Linda A. Troyan, MMC, City Clerk Services Director. Council Member Hutchison led the Pledge of Allegiance. A. AMENDMENTS TO THE AGENDA None. B. ANNOUNCEMENTS / PRESENTATIONS B1. Presentation of a Proclamation Designating the Week of May 19th – May 25th as Public Works Week. Mayor Pro Tem Kennedy and Members of the City Council designated the week of May 19 th – May 25th, 2024 as Public Works Week and presented a Proclamation to Micah Martin, Public Works Services Director, Public Works Services staff and Engineering Services staff. B2. Presentation of a Proclamation Declaring the Month of May 2024 as Mental Health Awareness Month. Mayor Pro Tem Kennedy and Members of the City Council declared the month of May, 2024 as Mental Health Awareness Month and presented a Proclamation to Joanna Marrufo, Community Programs Coordinator and Healthy RC Community Partners. B3. Presentation of a Proclamation Declaring the Month of May 2024 as National Bike Month. Justine Garcia, Deputy Director of Engineering Services, encouraged the community to bike safely in the City and shared recent highlights from Healthy RC’s Connect RC Bicycle Subcommittee. Bill Gaylord, Connect RC Bicycle Subcommittee Member, invited the community to attend an upcoming Community Bicycle Ride event at the Pacific Electric Trail on Saturday, May 18, 2024. Mayor Pro Tem Kennedy and Members of the City Council declared the month of May 2024, as National Bike Month and presented a Proclamation to Healthy RC’s Connect RC Bicycle Subcommittee Members and Cycling Community Stakeholders. C. PUBLIC COMMUNICATIONS Aaron Keedy, spoke about the Cucamonga Creek Trail, displayed images of the trail, compared Upland and Rancho Cucamonga crime rates, requested a trailhead/access point be established by the City on Turquoise Avenue and Jennet Street and noted that the proposed trailhead/access point would provide a safe route to school for Alta Loma High School students to walk/bike to school. Page 9 *DRAFT* May 15, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 3 of 8 Lance Asbra, shared his excitement to see the City declare the month of May 2024, as Mental Health Awareness Month and offered a prayer. Husam Suleimon, spoke about a recently published video, crimes of genocide in Israel, recent First Amendment actions across the country yielding results, groups planning First Amendment actions in Rancho Cucamonga, and requested the City divest from companies that are complicit or materially benefit from international war crimes. Johnnie Mae Greene shared her support for Phillip Walker and the International 100 Films Retreat, thanked Council Member Hutchison for his support and attendance at the 4th 100 Films Retreat, invited Mayor Pro Tem Kennedy to attend the upcoming 5th 100 Films Retreat in May, shared her vision of the City becoming a short-film destination and how she would like to see producers watch movies on the new high-speed rail train from Rancho Cucamonga, California to Las Vegas, Nevada in the future. Phillip E. Walker spoke about an upcoming international 100 Films Retreat represented by 100 countries, the success of a film named Sweetest Vacation, an upcoming film named Hapless Revenge that will be produced in the City and be premiered in Sacramento on June 19, 2024 and continuing his efforts in establishing the City of Rancho Cucamonga as a short-film destination. D. CONSENT CALENDAR Council Member Scott announced that she would 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 of the Special and Regular Meetings of April 17, 2024 and May 1, 2024. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,100,205.71 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $5,279,560.36 Dated April 22, 2024, through May 05, 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 $27,455.80 Dated April 22, 2024, through May 05, 2024. (CITY/FIRE) D4. Consideration to Receive and File Current Investment Schedules as of April 30, 2024, for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5. Consideration to Approve the Amended Appropriations for Fiscal Year 2023/24. (CITY/FIRE) D6. Consideration of an Appropriation in the Amount of $31,000 from Citizens Option for Public Safety (COPS) Funds for the Purchase of Electric Bicycles for Patrolling Remote Areas Like the Pacific Electric (PE) Trail. (CITY) D7. Consideration to Award a Professional Services Agreement to Fuel Equipment Services, Inc. DBA Fuel Serv for the Maintenance of the City and Fire District’s Fuel Islands and Fuel Management Systems in an Amount Not to Exceed $75,000 for FY 2024/25. (CITY/FIRE) D8. Consideration to Award a Professional Services Agreement to CCS Facility Services, for Citywide Janitorial Services in an Amount Not to Exceed $955,899 for FY 2024/25. (CITY) Page 10 *DRAFT* May 15, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 4 of 8 D9. Consideration of a Contract with Roy Allan Slurry Seal Inc. in the Amount of $343,282 Plus 10% Contingency, for the Fiscal Year 2023/24 Local Slurry Seal Pavement Rehabilitation Project. This Project is Exempt From the Requirements of the California Environmental Quality Act (CEQA) per Government Code Section 15301 – Existing Facilities. (CITY) D10. Consideration of a Contract with Onyx Paving Company, Inc., in the Amount of $2,369,000 Plus 20% Contingency, for the Fiscal Year 2023-24 Local Overlay Pavement Rehabilitation Project. This Project is Exempt from the Requirements of the California Environm ental Quality Act (CEQA) per Government Code Section 15301 – Existing Facilities. (CITY) D11. Consideration of a Contract with Hillcrest Contracting, Inc. in an Amount of $2,944,466 Plus 5% Contingency for the Fiscal Year 2023-24 Major Arterials Pavement Rehabilitation Project for Milliken Avenue. This Project is Exempt From the Requirements of the California Environmental Quality Act (CEQA) per Government Code Section 15301 – Existing Facilities. (CITY) D12. Consideration of Amendment No. 2 to Contract No. 2022-070 with Mariposa Landscapes, Inc. for LMD 2 Parkway, Paseo, and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $1,697,730 for FY 2024/25. (CITY) D13. Consideration of Amendment No. 4 to Contract No. 2020-030 with Mariposa Landscapes, Inc. for LMD 4R Parkway, Paseo, and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $570,910 for FY 2024/25. (CITY) D14. Consideration to Accept Public Improvements on the West Side of East Avenue from 550 Feet North of Foothill Boulevard to Marshall Court Per Improvement Agreement, Related to Case No. SUBTT20148, as Complete, File a Notice of Completion, and Authorize Relea se of Bonds. Pursuant to the California Environmental Quality Act (CEQA) and the City’s Local CEQA Guidelines a Mitigated Negative Declaration for this Project was Adopted by the City Council on August 19, 2020. (CITY) D15. Consideration of a Resolution Updating Service and User Fees Related to Building and Safety Services. (RESOLUTION NO. 2024-034) (CITY) D16. Consideration to Adopt a Resolution Approving a Memorandum of Understanding between the City of Rancho Cucamonga and the Rancho Cucamonga Management Association. (RESOLUTION NO. 2024-035) (CITY) D17. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Executive Management Employee Group. (RESOLUTION NO. 2024-033) (CITY) D18. Consideration to Approve a Resolution Adopting a Side Letter of Agreement Between the City of Rancho Cucamonga and the Rancho Cucamonga City Employees Association, the Rancho Cucamonga Management Association, the Teamsters Local 1932, and the Executive Management Employee Group. (RESOLUTION NO. 2024-032) (CITY) D19. Consideration to Approve a Resolution Adopting a Side Letter of Agreement Between the City of Rancho Cucamonga and the Rancho Cucamonga Firefighters Local 2274, the Fire Management Employees Group, and the Fire Support Services Association Employee Group. (RESOLUTION NO. FD 2024-004) (FIRE) Page 11 *DRAFT* May 15, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 5 of 8 D20. Consideration to Adopt a Resolution Calling and Giving Notice of a General Municipal Election to be Held on November 5, 2024, and Requesting its Consolidation with the Presidential General Election and a Resolution Adopting Regulations Pertaining to Candid ate Statements. (RESOLUTION NOS. 2024-028 AND 2024-029) (CITY) MOTION: Moved by Council Member Stickler, seconded by Council Member Hutchison, to approve Consent Calendar Items D1 through D20, and Council Member / Board Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Motion carried 4-0-1. Absent: Mayor Michael. E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1026 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT DRC2024-00047, AMENDING SECTIONS 17.18.040, 17.32.020, 17.46.030, 17.46.070, AND 17.100.080 OF TITLE 17 OF THE MUNICIPAL CODE TO MAKE CLEAN-UP REVISIONS TO CERTAIN DEVELOPMENT STANDARDS, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA UNDER SECTION 15061(B)(3) OF THE CEQA GUIDELINES E2. Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1027 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE MUNICIPAL CODE’S COMMUNITY SERVICES REGULATIONS, CHAPTER 12.04, INCLUDING PROHIBITED CONDUCT AT CITY PARKS, RECREATIONAL TRAILS, LIBRARIES AND OTHER RECREATIONAL FACILITIES, AMENDING THE MUNICIPAL CODE’S SALES OF GOODS AND MERCHANDISE FROM VEHICLES, CHAPTER 8.40, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) E3. Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1028 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 6.04 OF THE RANCHO CUCAMONGA MUNICIPAL CODE CONCERNING REGULATIONS AND PROCEDURES RELATED TO POTENTIALLY DANGEROUS AND VICIOUS ANIMALS AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) MOTION: Moved by Council Member Scott, seconded by Council Member Stickler, to waive full reading and adopt Ordinance Nos. 1026, 1027 and 1028 by title only. Linda Troyan, MMC, City Clerk Services Director, read the titles of Ordinance Nos. 1026, 1027 and 1028. VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded by Council Member Stickler, to waive full readings and adopt Ordinance Nos. 1026, 1027 and 1028 by title only. Motion carried 4-0-1. Absent: Mayor Michael. F. ADMINISTRATIVE HEARING ITEM(S) None. Page 12 *DRAFT* May 15, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 6 of 8 G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT G1. Public Hearing to Consider First Reading of Ordinance No. 1029 to be Read by Title Only and Waive Further Reading, Amending the Rancho Cucamonga Municipal Code (RCMU) Section 10.52.025 Paid Parking Zones Establishing East Avenue Paid Parking Zone. (ORDINANCE NO. 1029) (CITY) City Manager Gillison introduced Alberto Felix, Traffic Engineer, who gave a staff report along with a PowerPoint presentation. Mayor Pro Tem Kennedy opened the Public Hearing. Aaron Keedy, spoke about the safety benefits of parallel parking spaces for cyclists such as the parking spaces designed for parallel parking along Hermosa Avenue. Mayor Pro Tem Kennedy closed the Public Hearing. MOTION: Moved by Council Member Hutchison, seconded by Council Member Stickler, to introduce the First Reading of Ordinance No. 1029 by title only, and waive further reading. Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1029 by title only. VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Stickler, to waive full reading and adopt Ordinance No. 102 9 by title only. Motion carried 4-0-1. Absent: Mayor Michael. G2. Public Hearing to Consider a Resolution for Placement of Special Assessments and Liens for Delinquent Solid Waste Accounts. (RESOLUTION NO. 2024-031) (CITY) City Manager Gillison introduced Marissa Ostos, Management Analyst II, who gave a staff report along with a PowerPoint presentation. Management Analyst Ostos informed one protest letter was received by Jim Losquardo and confirmed that payment has been mad e and City staff will remove him from the list before County submittal. Copies of the correspondence received were provided to the City Council and were available for the public to review on the City’s website. Mayor Pro Tem Kennedy opened the Public Hearing. There were no public communications. Mayor Pro Tem Kennedy closed the Public Hearing. Council Member Hutchison encouraged residents with d elinquent solid waste accounts to pay before the deadline of July 12, 2024 to avoid penalties. MOTION: Moved by Council Member Stickler, seconded by Council Member Hutchison, to adopt Resolution No. 2024-031. Motion carried 4-0-1. Absent: Mayor Michael. Page 13 *DRAFT* May 15, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 7 of 8 H. CITY MANAGER'S STAFF REPORT(S) H1. Consideration of Resolution No. 2024-030 Ordering the Placement of a General Tax Measure Known as the City of Rancho Cucamonga Transient Occupancy Tax Measure on the November 5, 2024 General Municipal Election Ballot and Submission to the Voters an Ordinance to Increase the City’s Transient Occupancy Tax from 10% to 12%, Requesting the County Elections Department to Conduct the Election on the City's Behalf; Directing the City Attorney to Prepare the Impartial Analysis and Authorizing the Submission of Ball ot Arguments and Rebuttals. (RESOLUTION NO. 2024-030) (CITY) City Manager Gillison introduced Elisa Cox, Assistant City Manager, Jennifer Camacho-Curtis, Community Affairs Officer, and Tanya Spiegel, Economic Development Manager, who gave a staff report along with a PowerPoint presentation. City Manager Gillison clarified the purpose of the item is not proposing any position and if passed tonight the recommendation is to call an election and place the Transient Occupancy Tax Measure on the November 5, 2024 General Municipal Election Ballot . Community Affairs Officer Camacho-Curtis stated if approved by Rancho Cucamonga voters, this measure would provide a modest flow of income, increase the diversification of the City's revenue base and provide additional locally controlled revenue that would help the City better plan for long-term sustainability of key City functions, including: supporting public safety, addressing homelessness, improving infrastructure, maintaining and improving parks and open space, and supporting city programs for seniors and youth. Council Member Hutchison asked if there would be a financial benefit for businesses collecting Transient Occupancy Tax revenue if the voters approved the Transient Occupancy Tax Measure. Assistant City Manager Cox replied there would be no direct financial benefit to businesses as the revenue would go to the City’s General Fund account. Mayor Pro Tem Kennedy noted that if approved, businesses would have a direct benefit from the environment and services provided by the City including: public safety, maintaining roads and ensuring the community is well maintained to increase visitation. City Attorney Ghirelli informed the item requires a unanimous vote of those present for the motion to pass. MOTION: Moved by Council Member Scott, seconded by Council Member Stickler, to adopt Resolution No. 2024-030. Motion carried 4-0-1. Absent: Mayor Michael. H2. Consideration to Receive and File the Third Quarter Financial Update for the Fiscal Year 2023/24 and to Approve Amendments to Professional Service Agreements with BPR Consulting Group, Interwest Consulting Group, and Willdan for Plan Check and Inspection Services. (CITY/FIRE) City Manager Gillison introduced Noah Daniels, Finance Director, and Rick Flinchum, Budget Analyst, who gave a staff report along with a PowerPoint presentation. MOTION: Moved by Council Member Stickler, seconded by Council Member Scott, to receive and file the report and approve amendments to Professional Service Agreements with BPR Consulting Group, Interwest Consulting Group, and Willdan for Plan Check and Inspection Services . Motion carried 4-0-1. Absent: Mayor Michael. Page 14 *DRAFT* May 15, 2024 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 8 of 8 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 L. ADJOURNMENT Mayor Pro Tem Kennedy adjourned the Council Meeting at 8:12 p.m. Approved: Linda A. Troyan, MMC City Clerk Services Director Page 15 DATE:June 5, 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:Noah Daniels, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,427,803.07 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $13,037,205.71 Dated May 06, 2024, Through May 22, 2024 and City and Fire District Electronic Debit Registers for the Month of April in the Total Amount of $1,532,898.72. (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 $1,309,409.49 and $1,118,393.58 for the City and the Fire District, respectively. Weekly check register amounts are $12,140,698.27 and $896,507.44 for the City and the Fire District, respectively. Electronic Debit Register amounts are $716,966.04 and $815,932.68 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 Attachment 2 - Electronic Debit Register Page 16 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/6/2024 through 5/22/2024 Check No.Check Date Vendor Name City Fire Amount AP 00017670 05/08/2024 ABC LOCKSMITHS INC 569.91 0.00 569.91 AP 00017671 05/08/2024 BEST BEST & KRIEGER LLP 48.59 0.00 48.59 AP 00017672 05/08/2024 BEST OUTDOOR POWER INLAND LLC 4,665.34 0.00 4,665.34 AP 00017673 05/08/2024 CHAMPION FIRE SYSTEMS INC 1,548.88 0.00 1,548.88 AP 00017674 05/08/2024 DELTA DENTAL OF CALIFORNIA 47,159.83 0.00 47,159.83 AP 00017675 05/08/2024 DLR GROUP INC 49,645.00 0.00 49,645.00 AP 00017676 05/08/2024 DUNN-EDWARDS CORPORATION 578.30 0.00 578.30 AP 00017677 05/08/2024 ELECNOR BELCO ELECTRIC INC 21,959.58 0.00 21,959.58 AP 00017678 05/08/2024 G/M BUSINESS INTERIORS 575.34 0.00 575.34 AP 00017679 05/08/2024 GENTRY BROTHERS INC 632,846.19 0.00 632,846.19 AP 00017680 05/08/2024 GRAVES & KING LLP 13,199.31 0.00 13,199.31 AP 00017681 05/08/2024 KEITH, JORRY 936.00 0.00 936.00 AP 00017682 05/08/2024 MICHAEL BAKER INTERNATIONAL INC 40,711.00 0.00 40,711.00 AP 00017683 05/08/2024 MIDWEST TAPE LLC 4,711.38 0.00 4,711.38 AP 00017684 05/08/2024 MUSICLAND 577.50 0.00 577.50 AP 00017685 05/08/2024 NAPA AUTO PARTS 4.33 0.00 4.33 AP 00017686 05/08/2024 NATIONAL UTILITY LOCATORS LLC 1,650.00 0.00 1,650.00 AP 00017687 05/08/2024 OTT, SHARON 1,662.00 0.00 1,662.00 AP 00017688 05/08/2024 PACIFIC UTILITY INSTALLATION INC 10,920.00 0.00 10,920.00 AP 00017689 05/08/2024 PSA PRINT GROUP 657.63 0.00 657.63 ***AP 00017690 05/08/2024 RICHARDS WATSON & GERSHON 45,218.30 2,357.60 47,575.90 AP 00017691 05/08/2024 SAN BERNARDINO COUNTY SHERIFF'S DEPT 4,132,008.00 0.00 4,132,008.00 AP 00017692 05/08/2024 SAN BERNARDINO COUNTY 60.00 0.00 60.00 AP 00017693 05/08/2024 SHOETERIA INC 307.45 0.00 307.45 AP 00017694 05/08/2024 TINKER GLASS CONTRACTORS INC 2,530.00 0.00 2,530.00 AP 00017695 05/08/2024 US DEPARTMENT OF ENERGY 10,709.72 0.00 10,709.72 AP 00017696 05/08/2024 US POSTAL SERVICE 10,000.00 0.00 10,000.00 AP 00017697 05/15/2024 AMAZON WEB SERVICES INC 3,843.66 0.00 3,843.66 AP 00017698 05/15/2024 ASSI SECURITY 850.00 0.00 850.00 AP 00017699 05/15/2024 BRIGHTVIEW LANDSCAPE SERVICES INC 44,460.00 0.00 44,460.00 AP 00017700 05/15/2024 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 113,040.01 0.00 113,040.01 AP 00017701 05/15/2024 CAN/AM TECHNOLOGIES INC 4,000.00 0.00 4,000.00 AP 00017702 05/15/2024 CHAMPION FIRE SYSTEMS INC 0.00 3,088.00 3,088.00 AP 00017703 05/15/2024 CONFIRE JPA 0.00 255,184.50 255,184.50 AP 00017704 05/15/2024 CONSOLIDATED ELECTRICAL DISTR INC 1,335.12 0.00 1,335.12 AP 00017705 05/15/2024 CONSTELLATION ENERGY GENERATION LLC 552,432.10 0.00 552,432.10 AP 00017706 05/15/2024 DUNN-EDWARDS CORPORATION 299.05 0.00 299.05 ***AP 00017707 05/15/2024 GOLDEN STATE RISK MANAGEMENT AUTHORITY 143,085.00 1,607.00 144,692.00 AP 00017708 05/15/2024 ILAND INTERNET SOLUTIONS 7,868.15 0.00 7,868.15 AP 00017709 05/15/2024 JOHNNY ALLEN TENNIS ACADEMY 3,732.00 0.00 3,732.00 AP 00017710 05/15/2024 KEITH, JORRY 48.00 0.00 48.00 AP 00017711 05/15/2024 LIFE-ASSIST INC 0.00 292.42 292.42 AP 00017712 05/15/2024 MARIPOSA LANDSCAPES INC 1,477.58 0.00 1,477.58 AP 00017713 05/15/2024 MERRIMAC PETROLEUM INC 0.00 30,799.61 30,799.61 AP 00017714 05/15/2024 MIDWEST TAPE LLC 1,525.22 0.00 1,525.22 AP 00017715 05/15/2024 MUSICLAND 462.00 0.00 462.00 AP 00017716 05/15/2024 NAPA AUTO PARTS 0.00 443.18 443.18 07:42:14 05/23/2024Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 17 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/6/2024 through 5/22/2024 Check No.Check Date Vendor Name City Fire Amount AP 00017717 05/15/2024 NINYO & MOORE 0.00 1,570.50 1,570.50 AP 00017718 05/15/2024 OPENTEXT INC 2,525.00 0.00 2,525.00 AP 00017719 05/15/2024 PACIFIC UTILITY INSTALLATION INC 77,273.00 0.00 77,273.00 AP 00017720 05/15/2024 PRO-WEST & ASSOCIATES INC 2,471.58 0.00 2,471.58 AP 00017721 05/15/2024 PSA PRINT GROUP 96.20 0.00 96.20 AP 00017722 05/15/2024 RCCEA 1,343.50 0.00 1,343.50 AP 00017723 05/15/2024 RCPFA 14,639.02 0.00 14,639.02 AP 00017724 05/15/2024 RICHARDS WATSON & GERSHON 20,324.65 0.00 20,324.65 AP 00017725 05/15/2024 RIVERSIDE, CITY OF 13,818.00 0.00 13,818.00 AP 00017726 05/15/2024 ROSENBAUER MINNESOTA LLC 0.00 377,943.38 377,943.38 AP 00017727 05/15/2024 TRIDEN GROUP CORP 31,870.00 0.00 31,870.00 AP 00017728 05/15/2024 WORKDAY INC 800.00 0.00 800.00 AP 00017729 05/22/2024 360 DEEP CLEANING LLC 0.00 9,955.00 9,955.00 AP 00017730 05/22/2024 ABSOLUTE SECURITY INTERNATIONAL INC 37,285.35 0.00 37,285.35 AP 00017731 05/22/2024 AIR EXCHANGE INC 0.00 2,038.30 2,038.30 AP 00017732 05/22/2024 ALLSTAR FIRE EQUIPMENT INC 0.00 366.89 366.89 AP 00017733 05/22/2024 ASSI SECURITY 900.00 0.00 900.00 AP 00017734 05/22/2024 BEST OUTDOOR POWER INLAND LLC 385.64 0.00 385.64 AP 00017735 05/22/2024 BRIGHTVIEW LANDSCAPE SERVICES INC 63,431.82 0.00 63,431.82 AP 00017736 05/22/2024 CRAFCO INC 1,018.24 0.00 1,018.24 AP 00017737 05/22/2024 CRIME SCENE STERI-CLEAN LLC 320.00 0.00 320.00 AP 00017738 05/22/2024 DAWSON PRODUCTIONS LLC 3,125.00 0.00 3,125.00 ***AP 00017739 05/22/2024 DUNN-EDWARDS CORPORATION 371.79 106.62 478.41 AP 00017740 05/22/2024 HERC RENTALS INC 5,026.90 0.00 5,026.90 AP 00017741 05/22/2024 INTERWEST CONSULTING GROUP INC 1,485.24 0.00 1,485.24 ***AP 00017742 05/22/2024 MARIPOSA LANDSCAPES INC 321,404.23 9,260.50 330,664.73 AP 00017743 05/22/2024 MERRIMAC PETROLEUM INC 41,721.57 0.00 41,721.57 AP 00017744 05/22/2024 NAPA AUTO PARTS 0.00 635.38 635.38 AP 00017745 05/22/2024 NATIONAL UTILITY LOCATORS LLC 1,425.00 0.00 1,425.00 AP 00017746 05/22/2024 NINYO & MOORE 18,238.00 0.00 18,238.00 AP 00017747 05/22/2024 OCLC INC 9,958.69 0.00 9,958.69 AP 00017748 05/22/2024 PACIFIC UTILITY INSTALLATION INC 290,965.81 0.00 290,965.81 AP 00017749 05/22/2024 PROMOTIONS TEES & MORE 504.00 0.00 504.00 ***AP 00017750 05/22/2024 PSA PRINT GROUP 48.10 283.60 331.70 AP 00017751 05/22/2024 RE ASTORIA 2 LLC 90,229.68 0.00 90,229.68 AP 00017752 05/22/2024 YUNEX LLC 3,049.88 0.00 3,049.88 AP 00445107 05/08/2024 A GRATER HOPE 500.00 0.00 500.00 AP 00445108 05/08/2024 ADAPT CONSULTING INC 356.40 0.00 356.40 AP 00445109 05/08/2024 AFLAC 3,878.16 0.00 3,878.16 AP 00445110 05/08/2024 ALEXANDER, ALEXIS 4.59 0.00 4.59 AP 00445111 05/08/2024 ALLIED UNIVERSAL SECURITY SERVICES 12,761.68 0.00 12,761.68 AP 00445112 05/08/2024 ALTA RANCHO PET & BIRD HOSPITAL 300.00 0.00 300.00 AP 00445113 05/08/2024 AM SIGNAL LLC 3,001.37 0.00 3,001.37 AP 00445114 05/08/2024 AMS SOLAR POWER INC 64.44 0.00 64.44 AP 00445115 05/08/2024 ASCENT ENVIRONMENTAL INC 18,373.17 0.00 18,373.17 AP 00445116 05/08/2024 BANK OF NEW YORK MELLON, THE 1,875.00 0.00 1,875.00 AP 00445117 05/08/2024 BERRYMAN, CHASE 288.00 0.00 288.00 07:42:14 05/23/2024Current Date:VLOPEZ - Veronica Lopez Page:2 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 18 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/6/2024 through 5/22/2024 Check No.Check Date Vendor Name City Fire Amount AP 00445118 05/08/2024 BETTS, LOLITA 274.84 0.00 274.84 AP 00445119 05/08/2024 BON AIR INC 933,934.13 0.00 933,934.13 AP 00445120 05/08/2024 BRIDGE INDUSTRIAL 10,000.00 0.00 10,000.00 AP 00445121 05/08/2024 BRIDGE POINT RANCHO CUCAMONGA LLC 10,000.00 0.00 10,000.00 AP 00445122 05/08/2024 C V W D 330.65 0.00 330.65 AP 00445123 05/08/2024 C V W D 0.00 865.26 865.26 AP 00445129 05/08/2024 C V W D 47,467.05 0.00 47,467.05 AP 00445130 05/08/2024 CAL POLY POMONA 2,375.00 0.00 2,375.00 AP 00445131 05/08/2024 CAMACHO, RAUL GIL 72.59 0.00 72.59 AP 00445132 05/08/2024 CAMERON WELDING 153.65 0.00 153.65 AP 00445133 05/08/2024 CCS ORANGE COUNTY JANITORIAL INC 66,266.94 0.00 66,266.94 AP 00445134 05/08/2024 CERTIFIED TOWING INC 200.00 0.00 200.00 AP 00445135 05/08/2024 CHIEF ELECTRIC INC 21,990.00 0.00 21,990.00 AP 00445136 05/08/2024 CHOI, ELLEN 43.68 0.00 43.68 AP 00445137 05/08/2024 CINTAS CORPORATION 2,805.69 0.00 2,805.69 AP 00445138 05/08/2024 CIRCLEPOINT 8,000.00 0.00 8,000.00 AP 00445139 05/08/2024 CITRUS MOTORS ONTARIO INC 1,786.38 0.00 1,786.38 AP 00445140 05/08/2024 CLARK, KAREN 1,008.00 0.00 1,008.00 AP 00445141 05/08/2024 CLIMATEC LLC 2,922.00 0.00 2,922.00 AP 00445142 05/08/2024 COAST FITNESS REPAIR SHOP 0.00 3,969.96 3,969.96 AP 00445143 05/08/2024 COLLINS & COLLINS LLP 5,837.95 0.00 5,837.95 AP 00445144 05/08/2024 CONVERGINT TECHNOLOGIES LLC 52,346.40 0.00 52,346.40 AP 00445145 05/08/2024 COUNSELING TEAM INTERNATIONAL, THE 0.00 3,700.00 3,700.00 AP 00445146 05/08/2024 CR&A CUSTOM INC 7,150.37 0.00 7,150.37 AP 00445147 05/08/2024 D & K CONCRETE COMPANY 1,099.59 0.00 1,099.59 AP 00445148 05/08/2024 DAISYECO INC 666.32 0.00 666.32 AP 00445149 05/08/2024 DANCE TERRIFIC 831.60 0.00 831.60 AP 00445150 05/08/2024 DENG, QINGFENG 612.00 0.00 612.00 AP 00445151 05/08/2024 DEPARTMENT OF JUSTICE 799.00 0.00 799.00 AP 00445152 05/08/2024 DIRECTV 187.24 0.00 187.24 ***AP 00445153 05/08/2024 ENKO SYSTEMS INC 2,872.86 2,163.13 5,035.99 ***AP 00445154 05/08/2024 ENVIRONMENT PLANNING DVMT SOLUTIONS 245.00 2,287.50 2,532.50 AP 00445155 05/08/2024 EXPERIAN 52.00 0.00 52.00 AP 00445156 05/08/2024 EXPRESS BRAKE SUPPLY INC 178.65 0.00 178.65 AP 00445157 05/08/2024 FEDERAL EXPRESS CORP 84.50 0.00 84.50 AP 00445158 05/08/2024 FERGUSON ENTERPRISES LLC #1350 52.74 0.00 52.74 AP 00445159 05/08/2024 FLYER VIEW GROUP LLC 7,495.00 0.00 7,495.00 AP 00445160 05/08/2024 FORD, KAMISHA 54.13 0.00 54.13 ***AP 00445162 05/08/2024 FRONTIER COMM 3,059.73 682.82 3,742.55 AP 00445163 05/08/2024 FRONTIER COMM 3,907.01 0.00 3,907.01 AP 00445164 05/08/2024 FUEL SERV 0.00 246.15 246.15 AP 00445165 05/08/2024 GALLS LLC 3,805.32 0.00 3,805.32 AP 00445166 05/08/2024 GARCIA, J*4,584.00 0.00 4,584.00 AP 00445167 05/08/2024 GILLISON, JOHN 108.29 0.00 108.29 AP 00445168 05/08/2024 GOLDEN OAKS VET HOSPITAL 1,600.00 0.00 1,600.00 AP 00445169 05/08/2024 GRACEFUL ANIMAL HOSPITAL 1,000.00 0.00 1,000.00 ***AP 00445170 05/08/2024 GRAINGER 1,076.82 182.53 1,259.35 07:42:14 05/23/2024Current Date:VLOPEZ - Veronica Lopez Page:3 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 19 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/6/2024 through 5/22/2024 Check No.Check Date Vendor Name City Fire Amount AP 00445171 05/08/2024 GRAPHICS FACTORY PRINTING INC 1,002.09 0.00 1,002.09 AP 00445172 05/08/2024 GRAYBAR ELECTRIC COMPANY INC 2,055.43 0.00 2,055.43 AP 00445173 05/08/2024 HCI ENVIRONMENTAL & ENGINEERING SVC 1,510.58 0.00 1,510.58 AP 00445175 05/08/2024 HILL'S PET NUTRITION SALES INC 395.74 0.00 395.74 AP 00445176 05/08/2024 HOLLIDAY ROCK CO INC 4,331.47 0.00 4,331.47 AP 00445177 05/08/2024 HUBBERT, JAMES 381.60 0.00 381.60 AP 00445178 05/08/2024 IDEXX DISTRIBUTION INC 278.23 0.00 278.23 AP 00445179 05/08/2024 INDEPENDENT ROOFING CONSULTANTS 0.00 8,700.00 8,700.00 AP 00445180 05/08/2024 INGALLS, PRESTON 63.03 0.00 63.03 AP 00445181 05/08/2024 INTERNATIONAL LANGUAGE SCHOOL FOR 203.00 0.00 203.00 AP 00445182 05/08/2024 INTERNATIONAL LINE BUILDERS INC 878,491.59 0.00 878,491.59 AP 00445183 05/08/2024 ITRON INC 10,756.00 0.00 10,756.00 AP 00445184 05/08/2024 J J KELLER & ASSOCIATES INC 349.69 0.00 349.69 AP 00445185 05/08/2024 JL GROUP LLC 10,411.32 0.00 10,411.32 AP 00445186 05/08/2024 JUST SAY SO LLC 3,000.00 0.00 3,000.00 AP 00445187 05/08/2024 KAISER FOUNDATION HEALTH PLAN INC 270,076.65 0.00 270,076.65 AP 00445188 05/08/2024 KIEFER, ADAM 60.98 0.00 60.98 AP 00445189 05/08/2024 KIMLEY-HORN & ASSOCIATES INC 119,604.00 0.00 119,604.00 AP 00445190 05/08/2024 KWALL LLC 3,750.00 0.00 3,750.00 AP 00445191 05/08/2024 L S A ASSOCIATES INC 19,073.75 0.00 19,073.75 AP 00445192 05/08/2024 LAD, VISHAL 301.11 0.00 301.11 AP 00445193 05/08/2024 LATINWO, DIMEJI 62.45 0.00 62.45 AP 00445194 05/08/2024 LEWIS, CHEYNA 2.76 0.00 2.76 AP 00445195 05/08/2024 LILBURN CORPORATION 4,738.85 0.00 4,738.85 AP 00445196 05/08/2024 LISA WISE CONSULTING 7,562.15 0.00 7,562.15 AP 00445197 05/08/2024 LITTLE, MARC 1,219.20 0.00 1,219.20 ***AP 00445200 05/08/2024 LOWES COMPANIES INC 10,174.86 911.36 11,086.22 AP 00445201 05/08/2024 LOZANO SMITH LLP 1,142.18 0.00 1,142.18 AP 00445202 05/08/2024 LUCKETT, ELISHUJAH 60.39 0.00 60.39 AP 00445203 05/08/2024 LUI, FRANK 322.00 0.00 322.00 AP 00445204 05/08/2024 MAGELLAN ADVISORS LLC 18,062.50 0.00 18,062.50 AP 00445205 05/08/2024 MAXWELL, ANTHONY 108.00 0.00 108.00 AP 00445206 05/08/2024 MCFADDEN-DALE HARDWARE 495.64 0.00 495.64 AP 00445207 05/08/2024 MCMASTER-CARR SUPPLY COMPANY 37.58 0.00 37.58 AP 00445208 05/08/2024 MESA ENERGY SYSTEMS INC 7,647.41 0.00 7,647.41 AP 00445209 05/08/2024 MIDWEST VETERINARY SUPPLY INC 390.93 0.00 390.93 AP 00445210 05/08/2024 MIG INC 698.75 0.00 698.75 AP 00445211 05/08/2024 MORALES, ASHLEY 41.14 0.00 41.14 AP 00445212 05/08/2024 MOTIVE ENERGY LLC 284.34 0.00 284.34 AP 00445213 05/08/2024 MWI ANIMAL HEALTH 1,707.42 0.00 1,707.42 AP 00445214 05/08/2024 NEW COLOR SILK SCREEN 506.43 0.00 506.43 AP 00445215 05/08/2024 OCCUPATIONAL HEALTH CENTERS OF CA 5,196.67 0.00 5,196.67 AP 00445216 05/08/2024 ODP BUSINESS SOLUTIONS LLC 2,085.81 0.00 2,085.81 AP 00445217 05/08/2024 PANDYA, DEVON 79.86 0.00 79.86 AP 00445218 05/08/2024 PEPE'S TOWING SERVICE 1,400.00 0.00 1,400.00 ***AP 00445219 05/08/2024 PFM ASSET MANAGEMENT LLC 17,148.32 2,806.60 19,954.92 AP 00445220 05/08/2024 POLARIS EDUCATION FOUNDATION 672.00 0.00 672.00 07:42:14 05/23/2024Current Date:VLOPEZ - Veronica Lopez Page:4 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 20 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/6/2024 through 5/22/2024 Check No.Check Date Vendor Name City Fire Amount AP 00445221 05/08/2024 POLLAK, AVRAHAM 74.25 0.00 74.25 AP 00445222 05/08/2024 PRE-PAID LEGAL SERVICES INC 211.80 0.00 211.80 AP 00445223 05/08/2024 PRIME GLASS 496.84 0.00 496.84 AP 00445224 05/08/2024 PROBOLSKY RESEARCH 8,900.00 0.00 8,900.00 AP 00445225 05/08/2024 RAINBOW BOLT & SUPPLY INC 797.24 0.00 797.24 AP 00445226 05/08/2024 RANCHO CUCAMONGA CHAMBER OF COMMERCE 6,666.68 0.00 6,666.68 AP 00445227 05/08/2024 RANCHO CUCAMONGA TOWN SQUARE 19,340.71 0.00 19,340.71 AP 00445228 05/08/2024 RANCHO SMOG CENTER 299.70 0.00 299.70 AP 00445229 05/08/2024 RBM LOCK & KEY SERVICE 44.04 0.00 44.04 AP 00445230 05/08/2024 REMY CORPORATION, THE 918.50 0.00 918.50 AP 00445231 05/08/2024 SAFEWAY SIGN COMPANY 110.55 0.00 110.55 AP 00445232 05/08/2024 SAMPLE, NANCY L 170.10 0.00 170.10 AP 00445233 05/08/2024 SAN BERNARDINO CNTY FIRE PROTECTION DIST 465.00 0.00 465.00 AP 00445234 05/08/2024 SAN BERNARDINO COUNTY CLERK 50.00 0.00 50.00 AP 00445235 05/08/2024 SAN BERNARDINO COUNTY REGISTRAR OF VOTERS 291.54 0.00 291.54 AP 00445236 05/08/2024 SCENT EVIDENCE K9 LLC 12,000.00 0.00 12,000.00 AP 00445237 05/08/2024 SEOANE, SEBASTIAN 323.16 0.00 323.16 AP 00445238 05/08/2024 SITEONE LANDSCAPE SUPPLY LLC 17,595.02 0.00 17,595.02 AP 00445239 05/08/2024 SOUTH COAST AQMD 4,095.64 0.00 4,095.64 ***AP 00445240 05/08/2024 SOUTHERN CALIFORNIA EDISON 10,287.58 1,333.75 11,621.33 AP 00445241 05/08/2024 SOUTHERN CALIFORNIA EDISON 945.21 0.00 945.21 AP 00445242 05/08/2024 SOUTHERN CALIFORNIA EDISON 2,258.33 0.00 2,258.33 ***AP 00445243 05/08/2024 SOUTHERN CALIFORNIA EDISON 942.41 2,198.95 3,141.36 AP 00445244 05/08/2024 SOUTHERN CALIFORNIA EDISON 4,854.81 0.00 4,854.81 AP 00445245 05/08/2024 SOUTHERN CALIFORNIA NEWS GROUP 4,296.76 0.00 4,296.76 AP 00445246 05/08/2024 SOUTHERN CALIFORNIA NEWS GROUP 384.00 0.00 384.00 AP 00445247 05/08/2024 STANDARD INSURANCE COMPANY 14,470.99 0.00 14,470.99 AP 00445248 05/08/2024 STEPTER, SHARONDA 342.45 0.00 342.45 AP 00445249 05/08/2024 STERLING COFFEE SERVICE 1,107.29 0.00 1,107.29 AP 00445250 05/08/2024 STOTZ EQUIPMENT 4,498.43 0.00 4,498.43 AP 00445251 05/08/2024 T&B PLANNING INC 7,457.50 0.00 7,457.50 AP 00445252 05/08/2024 TESLA ENERGY OPERATIONS INC 426.14 0.00 426.14 AP 00445253 05/08/2024 THOMPSON PLUMBING SUPPLY INC 1.62 0.00 1.62 AP 00445254 05/08/2024 U.S. BANK PARS ACCT #6746022500 1,155.03 0.00 1,155.03 AP 00445255 05/08/2024 U.S. BANK PARS ACCT #6746022500 17,856.55 0.00 17,856.55 AP 00445256 05/08/2024 UNITED RENTALS NORTH AMERICA INC 5,182.67 0.00 5,182.67 AP 00445257 05/08/2024 UNITY COURIER SERVICE INC 1,428.98 0.00 1,428.98 ***AP 00445258 05/08/2024 UPS 127.99 14.01 142.00 AP 00445259 05/08/2024 VAN SCOYOC ASSOCIATES INC 9,153.02 0.00 9,153.02 AP 00445260 05/08/2024 VERIZON WIRELESS - LA 6,286.10 0.00 6,286.10 AP 00445261 05/08/2024 VERIZON WIRELESS - LA 5,925.58 0.00 5,925.58 AP 00445262 05/08/2024 VISTA PAINT 974.06 0.00 974.06 AP 00445263 05/08/2024 WAXIE SANITARY SUPPLY 6,758.91 0.00 6,758.91 AP 00445264 05/08/2024 WENDY HOVLAND VOICEOVER 950.00 0.00 950.00 AP 00445265 05/08/2024 WEST COAST ARBORISTS INC 126,907.05 0.00 126,907.05 AP 00445266 05/08/2024 WEST COAST ARBORISTS INC 4,896.10 0.00 4,896.10 AP 00445267 05/08/2024 WEST END MATERIAL SUPPLY 95.46 0.00 95.46 07:42:14 05/23/2024Current Date:VLOPEZ - Veronica Lopez Page:5 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 21 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/6/2024 through 5/22/2024 Check No.Check Date Vendor Name City Fire Amount AP 00445268 05/08/2024 WESTBOUND COMMUNICATIONS INC 35,228.99 0.00 35,228.99 AP 00445269 05/08/2024 WHITE CAP LP 583.97 0.00 583.97 AP 00445270 05/08/2024 WHITEWATER ROCK & SUPPLY CO INC 2,194.29 0.00 2,194.29 AP 00445271 05/08/2024 WINTER, LUKE 909.04 0.00 909.04 AP 00445272 05/08/2024 YAMUTA, ANTONIO 61.70 0.00 61.70 AP 00445273 05/08/2024 YNIGUEZ, TRACY 41.14 0.00 41.14 AP 00445285 05/15/2024 4 IMPRINT INC 0.00 710.39 710.39 AP 00445286 05/15/2024 ACE ELECTRIC INC 225,720.00 0.00 225,720.00 AP 00445287 05/15/2024 ADVANCED CHEMICAL TRANSPORT INC 1,544.00 0.00 1,544.00 AP 00445288 05/15/2024 ADVANCED EQUINE & SMALL RUMINANT VETERINARY 0.00 1,200.00 1,200.00 AP 00445289 05/15/2024 AIRGAS USA LLC 620.15 0.00 620.15 AP 00445290 05/15/2024 ALSO ENERGY INC 3,168.00 0.00 3,168.00 AP 00445291 05/15/2024 AM-TEC TOTAL SECURITY INC 2,705.90 0.00 2,705.90 AP 00445292 05/15/2024 AQS MECHANICAL INC 159.39 0.00 159.39 AP 00445293 05/15/2024 ARCHIBALD PET HOSPITAL 400.00 0.00 400.00 AP 00445294 05/15/2024 ARTISTIC RESOURCES CORPORATION 2,781.00 0.00 2,781.00 AP 00445295 05/15/2024 AUFBAU CORPORATION 0.00 33,120.00 33,120.00 AP 00445296 05/15/2024 BABAOGHLI, EIDEN 32.05 0.00 32.05 AP 00445297 05/15/2024 BARBARA'S ANSWERING SERVICE 552.00 0.00 552.00 AP 00445298 05/15/2024 BOGH, RUSSELL 500.00 0.00 500.00 AP 00445299 05/15/2024 BOUND TREE MEDICAL LLC 0.00 7,365.98 7,365.98 AP 00445300 05/15/2024 BRODART CO 61,104.34 0.00 61,104.34 AP 00445301 05/15/2024 BURRTEC WASTE INDUSTRIES INC 4,202.40 0.00 4,202.40 ***AP 00445303 05/15/2024 C V W D 6,848.26 696.20 7,544.46 AP 00445304 05/15/2024 CACEO 440.00 0.00 440.00 AP 00445305 05/15/2024 CAL POLY POMONA 5,850.00 0.00 5,850.00 ***AP 00445306 05/15/2024 CALIFORNIA DEPARTMENT OF TECHNOLOGY 5,325.83 2,026.43 7,352.26 AP 00445307 05/15/2024 CALIFORNIA, STATE OF 100.00 0.00 100.00 AP 00445308 05/15/2024 CalPERS LONG-TERM CARE PROGRAM 221.35 0.00 221.35 AP 00445309 05/15/2024 CCS ORANGE COUNTY JANITORIAL INC 69,135.36 0.00 69,135.36 AP 00445310 05/15/2024 CERTIFIED TOWING INC 125.00 0.00 125.00 AP 00445311 05/15/2024 CFED 0.00 1,368.50 1,368.50 AP 00445312 05/15/2024 CHEVEZ, ELENA 275.00 0.00 275.00 AP 00445313 05/15/2024 CONVERGINT TECHNOLOGIES LLC 12,980.00 0.00 12,980.00 AP 00445314 05/15/2024 CORODATA MEDIA STORAGE INC 90.10 0.00 90.10 AP 00445315 05/15/2024 COVETRUS NORTH AMERICA 1,855.97 0.00 1,855.97 AP 00445316 05/15/2024 CSSD/CASH PROCESSING 171.91 0.00 171.91 AP 00445317 05/15/2024 CUMMINS SALES & SERVICE 0.00 234.76 234.76 AP 00445318 05/15/2024 D & K CONCRETE COMPANY 644.35 0.00 644.35 AP 00445319 05/15/2024 DAISYECO INC 77.00 0.00 77.00 AP 00445320 05/15/2024 DANIELS TIRE SERVICE 0.00 9,047.42 9,047.42 AP 00445321 05/15/2024 DEPENDABLE BREAK ROOM SOLUTIONS INC 38.08 0.00 38.08 AP 00445322 05/15/2024 DIAZ, LAURA 1,052.50 0.00 1,052.50 AP 00445323 05/15/2024 DIRECTV 113.49 0.00 113.49 AP 00445324 05/15/2024 ECOHERO SHOW LLC, THE 3,900.00 0.00 3,900.00 AP 00445325 05/15/2024 ENERGY INC, THE 159.39 0.00 159.39 ***AP 00445326 05/15/2024 ENKO SYSTEMS INC 522.38 1,025.05 1,547.43 07:42:14 05/23/2024Current Date:VLOPEZ - Veronica Lopez Page:6 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 22 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/6/2024 through 5/22/2024 Check No.Check Date Vendor Name City Fire Amount AP 00445327 05/15/2024 FEDERAL EXPRESS CORP 73.72 0.00 73.72 AP 00445328 05/15/2024 FERRY, DAWN ELLEN 112.50 0.00 112.50 AP 00445329 05/15/2024 FIRE APPARATUS SOLUTIONS 0.00 1,766.17 1,766.17 AP 00445330 05/15/2024 FIRST AMERICAN DATA TREE LLC 278.00 0.00 278.00 AP 00445331 05/15/2024 GAIL MATERIALS 2,944.11 0.00 2,944.11 AP 00445332 05/15/2024 GALLS LLC 634.67 0.00 634.67 AP 00445333 05/15/2024 GILLISON, JOHN 4.04 0.00 4.04 AP 00445334 05/15/2024 GLOBALSTAR USA 179.14 0.00 179.14 AP 00445335 05/15/2024 GOLDEN OAKS VET HOSPITAL 400.00 0.00 400.00 AP 00445336 05/15/2024 GRAINGER 529.06 0.00 529.06 AP 00445337 05/15/2024 HDL COREN & CONE 5,118.84 0.00 5,118.84 AP 00445338 05/15/2024 HILL'S PET NUTRITION SALES INC 695.13 0.00 695.13 AP 00445339 05/15/2024 HINDERLITER DE LLAMAS & ASSOCIATES 21,745.20 0.00 21,745.20 AP 00445340 05/15/2024 HOLLIDAY ROCK CO INC 1,458.94 0.00 1,458.94 AP 00445341 05/15/2024 HOLMES, WILLIAM 305.00 0.00 305.00 AP 00445342 05/15/2024 HOSE-MAN INC 112.56 0.00 112.56 AP 00445343 05/15/2024 HR GREEN PACIFIC INC 31,430.00 0.00 31,430.00 AP 00445344 05/15/2024 HUMANE SOCIETY OF SAN BERNARDINO VALLEY 284.00 0.00 284.00 AP 00445345 05/15/2024 IDEXX DISTRIBUTION INC 2,032.27 0.00 2,032.27 AP 00445346 05/15/2024 INLAND EMPIRE DRIVELINE 714.66 0.00 714.66 AP 00445347 05/15/2024 INTERNATIONAL IDENTIFICATION INC 80.56 0.00 80.56 AP 00445348 05/15/2024 JRC HOUSING 11,740.50 0.00 11,740.50 AP 00445349 05/15/2024 K-K WOODWORKING 86.12 0.00 86.12 AP 00445350 05/15/2024 LANCE SOLL & LUNGHARD 25,860.00 0.00 25,860.00 AP 00445351 05/15/2024 LEAD TECH ENVIRONMENTAL 350.00 0.00 350.00 AP 00445352 05/15/2024 LIFELOC TECHNOLOGIES INC 189.76 0.00 189.76 AP 00445353 05/15/2024 LIU, XINRUI 70.48 0.00 70.48 AP 00445354 05/15/2024 MC AVOY & MARKHAM 184,790.61 0.00 184,790.61 AP 00445355 05/15/2024 MENDEZ, MICHAEL 65.69 0.00 65.69 AP 00445356 05/15/2024 MESA ENERGY SYSTEMS INC 48,519.67 0.00 48,519.67 ***AP 00445357 05/15/2024 MRC SMART TECHNOLOGY SOLUTIONS 1,110.37 123.37 1,233.74 AP 00445358 05/15/2024 MUSCO SPORTS LIGHTING LLC 171,322.50 0.00 171,322.50 AP 00445359 05/15/2024 MYERS TIRE SUPPLY COMPANY 0.00 232.92 232.92 AP 00445360 05/15/2024 NBS 3,397.50 0.00 3,397.50 AP 00445361 05/15/2024 NICK BARBIERI TRUCKING LLC 1,251.08 0.00 1,251.08 ***AP 00445362 05/15/2024 ODP BUSINESS SOLUTIONS LLC 3,228.97 966.62 4,195.59 AP 00445363 05/15/2024 OMEGA GRAPHICS DESIGNS 0.00 775.80 775.80 AP 00445364 05/15/2024 ONTARIO SPAY & NEUTER INC 4,400.00 0.00 4,400.00 AP 00445365 05/15/2024 PARR LUMBER COMPANY 0.00 1,469.96 1,469.96 AP 00445366 05/15/2024 PARS 3,500.00 0.00 3,500.00 AP 00445367 05/15/2024 PB LOADER CORPORATION 960.33 0.00 960.33 AP 00445368 05/15/2024 PROPS & MEASURES STRATEGIC COMMUNICATIONS 5,500.00 0.00 5,500.00 AP 00445369 05/15/2024 QUINN COMPANY 0.00 3,559.04 3,559.04 AP 00445370 05/15/2024 RANCHO WEST ANIMAL HOSPITAL 800.00 0.00 800.00 AP 00445371 05/15/2024 REMY CORPORATION, THE 6,518.00 0.00 6,518.00 AP 00445372 05/15/2024 RHA LANDSCAPE ARCHITECTS-PLANNERS INC 1,553.99 0.00 1,553.99 AP 00445373 05/15/2024 RUSEV, STOYAN 68.37 0.00 68.37 07:42:14 05/23/2024Current Date:VLOPEZ - Veronica Lopez Page:7 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 23 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/6/2024 through 5/22/2024 Check No.Check Date Vendor Name City Fire Amount AP 00445374 05/15/2024 SAFETY-KLEEN SYSTEMS INC 401.68 0.00 401.68 AP 00445375 05/15/2024 SAN ANTONIO REGIONAL HOSPITAL 0.00 1,622.00 1,622.00 AP 00445376 05/15/2024 SAN BERNARDINO CO AUDITOR CONT 9,162.15 0.00 9,162.15 AP 00445377 05/15/2024 SAN BERNARDINO COUNTY SHERIFFS DEPT 828.90 0.00 828.90 AP 00445378 05/15/2024 SBPEA 2,483.14 0.00 2,483.14 AP 00445379 05/15/2024 SHRED PROS 135.00 0.00 135.00 ***AP 00445381 05/15/2024 SOUTHERN CALIFORNIA EDISON 75,854.45 2,422.30 78,276.75 AP 00445382 05/15/2024 SOUTHERN CALIFORNIA EDISON 58.97 0.00 58.97 AP 00445383 05/15/2024 SOUTHERN CALIFORNIA EDISON 1,291.99 0.00 1,291.99 AP 00445384 05/15/2024 SOUTHERN CALIFORNIA EDISON 645.25 0.00 645.25 AP 00445385 05/15/2024 SOUTHERN CALIFORNIA EDISON 91.36 0.00 91.36 AP 00445386 05/15/2024 SOUTHERN CALIFORNIA EDISON 1,062.69 0.00 1,062.69 AP 00445387 05/15/2024 SOUTHERN CALIFORNIA EDISON 2,580.99 0.00 2,580.99 AP 00445388 05/15/2024 SOUTHERN CALIFORNIA EDISON 928.80 0.00 928.80 AP 00445389 05/15/2024 SOUTHERN CALIFORNIA EDISON 3,364.13 0.00 3,364.13 AP 00445390 05/15/2024 SOUTHERN CALIFORNIA EDISON 173.82 0.00 173.82 ***AP 00445391 05/15/2024 SPYGLASS GROUP LLC, THE 4,572.00 14,400.00 18,972.00 AP 00445392 05/15/2024 SUNRUN 678.60 0.00 678.60 AP 00445393 05/15/2024 THOMSON REUTERS - WEST 387.00 0.00 387.00 AP 00445394 05/15/2024 TOWILL INC 40,251.25 0.00 40,251.25 AP 00445395 05/15/2024 TRANSTECH ENGINEERS INC 8,533.00 0.00 8,533.00 AP 00445396 05/15/2024 TRANSWEST TRUCK CENTER LLC 0.00 217.77 217.77 AP 00445397 05/15/2024 ULINE 118.08 0.00 118.08 AP 00445398 05/15/2024 VERIZON 28.68 0.00 28.68 AP 00445399 05/15/2024 VERIZON WIRELESS - LA 252.07 0.00 252.07 AP 00445400 05/15/2024 VERIZON WIRELESS - LA 3,142.59 0.00 3,142.59 AP 00445401 05/15/2024 VICTOR MEDICAL COMPANY 597.96 0.00 597.96 AP 00445402 05/15/2024 VISION PROMPT INC 1,215.00 0.00 1,215.00 AP 00445403 05/15/2024 WESTRUX INTERNATIONAL INC 0.00 349.46 349.46 AP 00445404 05/15/2024 WILLDAN GROUP 11,821.00 0.00 11,821.00 AP 00445405 05/15/2024 WINZER CORPORATION 0.00 486.98 486.98 AP 00445406 05/22/2024 ABLE BUILDING MAINTENANCE 6,947.00 0.00 6,947.00 AP 00445407 05/22/2024 ABOUND FOOD CARE 6,694.88 0.00 6,694.88 AP 00445408 05/22/2024 ACTIVE 911 INC 0.00 96.00 96.00 AP 00445409 05/22/2024 ADAPT CONSULTING INC 439.36 0.00 439.36 AP 00445410 05/22/2024 ADVANTAGE SEALING SYSTEMS INC 334.24 0.00 334.24 AP 00445411 05/22/2024 AIRGAS USA LLC 0.00 472.75 472.75 AP 00445412 05/22/2024 ALPHAGRAPHICS 158.77 0.00 158.77 AP 00445413 05/22/2024 ALZGHOUL, VIOLLA 500.00 0.00 500.00 AP 00445414 05/22/2024 AMTECH ELEVATOR SERVICES 153.00 0.00 153.00 AP 00445415 05/22/2024 ANTELOPE EXPANSION 3B LLC 10,594.48 0.00 10,594.48 AP 00445416 05/22/2024 APX INC 807.06 0.00 807.06 AP 00445417 05/22/2024 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,742.94 0.00 1,742.94 AP 00445418 05/22/2024 ARROW TRAILER SUPPLIES INC 173.78 0.00 173.78 AP 00445419 05/22/2024 AUFBAU CORPORATION 29,138.95 0.00 29,138.95 AP 00445420 05/22/2024 AUTO & RV SPECIALISTS INC 198.76 0.00 198.76 AP 00445421 05/22/2024 BAB STEERING HYDRAULICS INC 0.00 829.24 829.24 07:42:14 05/23/2024Current Date:VLOPEZ - Veronica Lopez Page:8 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 24 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/6/2024 through 5/22/2024 Check No.Check Date Vendor Name City Fire Amount AP 00445422 05/22/2024 BAY ALARM COMPANY 108.00 0.00 108.00 AP 00445423 05/22/2024 BNM HOLDINGS INC 5,000.00 0.00 5,000.00 AP 00445424 05/22/2024 BOUND TREE MEDICAL LLC 0.00 1,878.32 1,878.32 AP 00445425 05/22/2024 BRAUN BLAISING & WYNNE PC 766.21 0.00 766.21 AP 00445426 05/22/2024 BRODART CO 27,189.14 0.00 27,189.14 ***AP 00445430 05/22/2024 C V W D 21,834.53 598.16 22,432.69 AP 00445431 05/22/2024 CAL FIRE 0.00 600.00 600.00 AP 00445432 05/22/2024 CALIF ASSOCIATION OF PUBLIC INFO OFFICIALS 275.00 0.00 275.00 ***AP 00445433 05/22/2024 CALIF DEPT OF TAX & FEE ADMINISTRATION 407.65 94.03 501.68 AP 00445434 05/22/2024 CALIF UNDERGROUND FAC SAFE EXCAVATION BOARD 48.82 0.00 48.82 AP 00445435 05/22/2024 CCS ORANGE COUNTY JANITORIAL INC 8,022.86 0.00 8,022.86 AP 00445436 05/22/2024 CHEFS' TOYS LLC 17,981.44 0.00 17,981.44 AP 00445437 05/22/2024 CHIEF ELECTRIC INC 9,650.00 0.00 9,650.00 ***AP 00445438 05/22/2024 CINTAS CORPORATION 122.02 760.72 882.74 AP 00445439 05/22/2024 CIRCLEPOINT 6,907.50 0.00 6,907.50 AP 00445440 05/22/2024 CLIMATEC LLC 2,922.00 0.00 2,922.00 AP 00445441 05/22/2024 CLIPPERS G LEAGUE LLC 68.20 0.00 68.20 AP 00445442 05/22/2024 COAST FITNESS REPAIR SHOP 450.00 0.00 450.00 AP 00445443 05/22/2024 COSTCO MEMBERSHIP 120.00 0.00 120.00 AP 00445444 05/22/2024 COVETRUS NORTH AMERICA 1,006.80 0.00 1,006.80 AP 00445445 05/22/2024 CUMMINS SALES & SERVICE 140.65 0.00 140.65 AP 00445446 05/22/2024 D & K CONCRETE COMPANY 578.08 0.00 578.08 AP 00445447 05/22/2024 D'ALESIO GROUP INC 0.00 288.01 288.01 AP 00445448 05/22/2024 DAISYECO INC 158.80 0.00 158.80 AP 00445449 05/22/2024 DEPARTMENT OF MOTOR VEHICLES 98.00 0.00 98.00 AP 00445450 05/22/2024 DEPARTMENT OF MOTOR VEHICLES 98.00 0.00 98.00 AP 00445451 05/22/2024 DEPARTMENT OF MOTOR VEHICLES 98.00 0.00 98.00 AP 00445452 05/22/2024 DEPARTMENT OF MOTOR VEHICLES 98.00 0.00 98.00 AP 00445453 05/22/2024 DEPARTMENT OF MOTOR VEHICLES 98.00 0.00 98.00 AP 00445454 05/22/2024 DEPARTMENT OF MOTOR VEHICLES 98.00 0.00 98.00 AP 00445455 05/22/2024 DEPENDABLE BREAK ROOM SOLUTIONS INC 24.60 0.00 24.60 AP 00445456 05/22/2024 DUDEK 3,366.25 0.00 3,366.25 AP 00445457 05/22/2024 EDDY, MIKE 0.00 63.85 63.85 AP 00445458 05/22/2024 ELITE SPECIAL EVENTS INC 11,137.50 0.00 11,137.50 AP 00445459 05/22/2024 EXECUTIVE DETAIL SERVICES 0.00 340.00 340.00 AP 00445460 05/22/2024 FIRSTCARBON SOLUTIONS 6,326.50 0.00 6,326.50 ***AP 00445461 05/22/2024 FRONTIER COMM 1,115.66 790.37 1,906.03 ***AP 00445462 05/22/2024 FUEL SERV 3,540.11 808.13 4,348.24 ***AP 00445463 05/22/2024 GRAINGER 5,011.70 1,186.29 6,197.99 AP 00445464 05/22/2024 GRAPHICS FACTORY PRINTING INC 1,769.79 0.00 1,769.79 AP 00445465 05/22/2024 GRAYBAR ELECTRIC COMPANY INC 3,500.89 0.00 3,500.89 ***AP 00445466 05/22/2024 HCI ENVIRONMENTAL & ENGINEERING SVC 6,960.00 2,930.00 9,890.00 AP 00445467 05/22/2024 HERITAGE WELLNESS COLLECTIVE 683.00 0.00 683.00 AP 00445468 05/22/2024 HILL'S PET NUTRITION SALES INC 471.16 0.00 471.16 AP 00445469 05/22/2024 HOLLIDAY ROCK CO INC 2,629.12 0.00 2,629.12 AP 00445470 05/22/2024 HOMECOMING AT THE RESORT 88.55 0.00 88.55 AP 00445471 05/22/2024 HOSE-MAN INC 58.08 0.00 58.08 07:42:14 05/23/2024Current Date:VLOPEZ - Veronica Lopez Page:9 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 25 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/6/2024 through 5/22/2024 Check No.Check Date Vendor Name City Fire Amount AP 00445472 05/22/2024 HP COMMUNICATIONS INC 1,500.00 0.00 1,500.00 AP 00445473 05/22/2024 HR GREEN PACIFIC INC 3,244.65 0.00 3,244.65 AP 00445474 05/22/2024 HUMANE SOCIETY OF SAN BERNARDINO VALLEY 415.75 0.00 415.75 AP 00445475 05/22/2024 HUSKY BOY CORPORATION 2,625.00 0.00 2,625.00 AP 00445476 05/22/2024 IDEXX DISTRIBUTION INC 184.17 0.00 184.17 AP 00445477 05/22/2024 INLAND BUILDING CONSTRUCTION CO INC 3,465.00 0.00 3,465.00 AP 00445478 05/22/2024 INLAND OVERHEAD DOOR COMPANY 0.00 3,821.25 3,821.25 AP 00445479 05/22/2024 JONES TRAILER COMPANY 11,845.49 0.00 11,845.49 AP 00445480 05/22/2024 KALIBER ROOFING INC 627.61 0.00 627.61 AP 00445481 05/22/2024 KENNEDY, LYNNE 60.00 0.00 60.00 AP 00445482 05/22/2024 KEY MEDICAL RESOURCES INC 0.00 135.00 135.00 AP 00445483 05/22/2024 KHACHIKYAN, LILIT 90.27 0.00 90.27 AP 00445484 05/22/2024 KINGDOM CALIBRATIONS INC 0.00 210.00 210.00 AP 00445485 05/22/2024 KOLA-FM 1,000.00 0.00 1,000.00 AP 00445486 05/22/2024 KOLLURA, SRIKANTH 250.00 0.00 250.00 AP 00445487 05/22/2024 LEVEL 3 COMMUNICATIONS LLC 1,697.81 0.00 1,697.81 AP 00445488 05/22/2024 LEVEL 3 COMMUNICATIONS LLC 4,030.66 0.00 4,030.66 AP 00445489 05/22/2024 LUCKY, SALLY 77.40 0.00 77.40 AP 00445490 05/22/2024 LWDESIGNS LLC 1,195.00 0.00 1,195.00 AP 00445491 05/22/2024 MAIN STREET SIGNS 70.69 0.00 70.69 AP 00445492 05/22/2024 MARK CHRISTOPHER AUTO CENTER INC 0.00 223.42 223.42 AP 00445493 05/22/2024 MCFADDEN-DALE HARDWARE 180.85 0.00 180.85 AP 00445494 05/22/2024 MEDIWASTE DISPOSAL LLC 57.43 0.00 57.43 AP 00445495 05/22/2024 MESA ENERGY SYSTEMS INC 61,585.98 0.00 61,585.98 AP 00445496 05/22/2024 MIDWEST VETERINARY SUPPLY INC 2,099.67 0.00 2,099.67 ***AP 00445497 05/22/2024 MINUTEMAN PRESS 4,053.75 67.47 4,121.22 AP 00445498 05/22/2024 MOLINA, EUGENIA 0.00 111.48 111.48 AP 00445499 05/22/2024 MONTGOMERY HARDWARE CO 42.02 0.00 42.02 AP 00445500 05/22/2024 MOORE, GWEN 37.34 0.00 37.34 AP 00445501 05/22/2024 MUNSON, MICHELLE 97.26 0.00 97.26 AP 00445502 05/22/2024 MWI ANIMAL HEALTH 657.03 0.00 657.03 AP 00445503 05/22/2024 NEXTERA ENERGY MARKETING LLC 189,000.00 0.00 189,000.00 AP 00445504 05/22/2024 NICK'S CUSTOM BOOTS LLC 0.00 218.27 218.27 AP 00445505 05/22/2024 NV5 INC 66,017.68 0.00 66,017.68 AP 00445506 05/22/2024 ODP BUSINESS SOLUTIONS LLC 1,743.08 0.00 1,743.08 AP 00445507 05/22/2024 ONWARD ENGINEERING 22,857.50 0.00 22,857.50 AP 00445508 05/22/2024 ORTIZ, VICTORIA 27.87 0.00 27.87 AP 00445509 05/22/2024 PACIFIC PARKING SYSTEMS INC 900.00 0.00 900.00 AP 00445510 05/22/2024 PADILLA, JESUS 100.00 0.00 100.00 AP 00445511 05/22/2024 PAYMENTUS CORPORATION 1,024.00 0.00 1,024.00 AP 00445512 05/22/2024 PERERA, PETE 85.54 0.00 85.54 AP 00445513 05/22/2024 PLOURDE, HANNAH 69.15 0.00 69.15 AP 00445514 05/22/2024 POWER & TELEPHONE SUPPLY COMPANY 1,129.38 0.00 1,129.38 AP 00445515 05/22/2024 PRICELESS PUPPY RESCUE COPR 350.00 0.00 350.00 AP 00445516 05/22/2024 RIALTO POWER EQUIPMENT CO 0.00 371.25 371.25 AP 00445517 05/22/2024 RIVERSIDE COMMUNITY COLLEGE DISTRICT 0.00 98.00 98.00 AP 00445518 05/22/2024 RUSH TRUCK CENTERS OF CALIFORNIA INC 13,201.90 0.00 13,201.90 07:42:14 05/23/2024Current Date:VLOPEZ - Veronica Lopez Page:10 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 26 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 5/6/2024 through 5/22/2024 Check No.Check Date Vendor Name City Fire Amount AP 00445519 05/22/2024 SAFEWAY SIGN COMPANY 3,610.57 0.00 3,610.57 AP 00445520 05/22/2024 SAGE OAK SCHOOL 100.00 0.00 100.00 AP 00445521 05/22/2024 SAN BERNARDINO COUNTY 571.00 0.00 571.00 AP 00445522 05/22/2024 SCOTT MCLEOD PLUMBING INC 0.00 995.00 995.00 AP 00445523 05/22/2024 SERVIAM BY WRIGHT LLP 7,412.80 0.00 7,412.80 AP 00445524 05/22/2024 SETHI, PRABHDEEP 86.06 0.00 86.06 AP 00445525 05/22/2024 SITEONE LANDSCAPE SUPPLY LLC 1,919.22 0.00 1,919.22 AP 00445527 05/22/2024 SOUND IMAGE INC 28,220.00 0.00 28,220.00 AP 00445528 05/22/2024 SOUTHERN CALIFORNIA EDISON 67,826.58 0.00 67,826.58 AP 00445529 05/22/2024 SOUTHERN CALIFORNIA EDISON 2,610.33 0.00 2,610.33 AP 00445530 05/22/2024 SPECIAL OLYMPICS SOUTHERN CALIFORNIA 800.00 0.00 800.00 AP 00445531 05/22/2024 SPECIALTY FILM & PACKAGING INC 2,828.44 0.00 2,828.44 AP 00445532 05/22/2024 SUPERMETRO INVESTMENT 15,000.00 0.00 15,000.00 AP 00445533 05/22/2024 TAYMAX GROUP LP 10,000.00 0.00 10,000.00 AP 00445534 05/22/2024 TRANSTECH ENGINEERS INC 7,571.50 0.00 7,571.50 AP 00445535 05/22/2024 ULINE 0.00 831.94 831.94 AP 00445536 05/22/2024 ULTIMATE INTERNET ACCESS 1,000.00 0.00 1,000.00 AP 00445537 05/22/2024 UNITED SITE SERVICES 305.29 0.00 305.29 AP 00445538 05/22/2024 URBAN LAND INSTITUTE - LB MEMBERSHIP 1,130.00 0.00 1,130.00 AP 00445539 05/22/2024 VAN SCOYOC ASSOCIATES INC 5,826.06 0.00 5,826.06 AP 00445540 05/22/2024 VCA CALIFORNIA VETERINARY SPECIALISTS 168.26 0.00 168.26 AP 00445541 05/22/2024 VERIZON WIRELESS - LA 0.00 4,754.21 4,754.21 AP 00445542 05/22/2024 VICTOR MEDICAL COMPANY 220.73 0.00 220.73 AP 00445543 05/22/2024 VIRTUAL PROJECT MANAGER LLC 500.00 0.00 500.00 AP 00445544 05/22/2024 VORTEX INDUSTRIES LLC 984.00 0.00 984.00 AP 00445545 05/22/2024 VULCAN MATERIALS COMPANY 346.87 0.00 346.87 ***AP 00445546 05/22/2024 WALTERS WHOLESALE ELECTRIC CO 1,754.69 217.04 1,971.73 ***AP 00445547 05/22/2024 WAXIE SANITARY SUPPLY 1,403.31 301.10 1,704.41 AP 00445548 05/22/2024 WEST COAST SAND & GRAVEL INC 1,335.13 0.00 1,335.13 AP 00445549 05/22/2024 WILBUR-ELLIS COMPANY 1,585.54 0.00 1,585.54 AP 00445550 05/22/2024 WILLIAM VASTA PHOTOGRAPHY 1,200.00 0.00 1,200.00 AP 00445551 05/22/2024 WILSON, MYKYN 1,146.50 0.00 1,146.50 AP 00445552 05/22/2024 XIBITZ INC 257,614.86 0.00 257,614.86 AP 00445553 05/22/2024 XU, DAN 21.57 0.00 21.57 AP 00445554 05/22/2024 ZOLL MEDICAL CORPORATION 0.00 61,234.52 61,234.52 $12,140,698.27 $13,037,205.71 $896,507.44 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 07:42:14 05/23/2024Current Date:VLOPEZ - Veronica Lopez Page:11 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 27 DATE DESCRIPTION CITY FIRE AMOUNT 4/1 U.S. BANK - Purchasing Card Payment 136,256.77 30,309.56 166,566.33 4/1 Workers Comp - Fire Account Transfer 3,200.14 3,200.14 4/2 Bank Fee 119.70 119.70 4/2 Workers Comp - City Account Transfer 897.24 897.24 4/2 Workers Comp - Fire Account Transfer 1,075.52 1,075.52 4/3 Workers Comp - City Account Transfer 70.00 70.00 4/3 Workers Comp - Fire Account Transfer 647.68 647.68 4/4 STATE DISBURSEMENT UNIT - Child Support Payments 2,781.68 2,781.68 4/4 STATE DISBURSEMENT UNIT - Child Support Payments 1,264.26 1,264.26 4/5 CALPERS - Fire - Retirement Account Deposit 108,293.66 108,293.66 4/5 CALPERS - Fire - Retirement Account Deposit 71,797.52 71,797.52 4/5 CALPERS - Fire - Retirement Account Deposit 12,586.91 12,586.91 4/5 CALPERS - Fire - Retirement Account Deposit 6,104.97 6,104.97 4/5 CALPERS - Fire - Retirement Account Deposit 3,090.14 3,090.14 4/5 CALPERS - Fire - Retirement Account Deposit 2,748.15 2,748.15 4/5 WIRE PAYMENT - RCMU CAISO 7,882.89 7,882.89 4/5 Workers Comp - City Account Transfer 3,988.18 3,988.18 4/5 Workers Comp - Fire Account Transfer 3,931.96 3,931.96 4/8 CALPERS - City - Retirement Account Deposit 3,306.33 3,306.33 4/8 CALPERS - City - Retirement Account Deposit 110,367.14 110,367.14 4/8 CALPERS - City - Retirement Account Deposit 101,113.13 101,113.13 4/8 Workers Comp - City Account Transfer 1,324.02 1,324.02 4/8 Workers Comp - Fire Account Transfer 2,865.40 2,865.40 4/9 Workers Comp - Fire Account Transfer 3,565.14 3,565.14 4/10 Workers Comp - City Account Transfer 617.38 617.38 4/11 Workers Comp - Fire Account Transfer 580.00 580.00 4/12 WIRE PAYMENT - RCMU CAISO 4,402.50 4,402.50 4/15 Workers Comp - City Account Transfer 312.51 312.51 4/15 Workers Comp - Fire Account Transfer 1,170.43 1,170.43 4/16 Workers Comp - City Account Transfer 1,579.31 1,579.31 4/16 Workers Comp - Fire Account Transfer 566.34 566.34 4/17 Workers Comp - Fire Account Transfer 131.97 131.97 4/18 CALPERS - City - Retirement Account Deposit 110,781.29 110,781.29 4/18 CALPERS - City - Retirement Account Deposit 101,240.63 101,240.63 4/18 CALPERS - Fire - Retirement Account Deposit 108,232.67 108,232.67 4/18 CALPERS - Fire - Retirement Account Deposit 70,837.71 70,837.71 4/18 CALPERS - Fire - Retirement Account Deposit 12,586.91 12,586.91 4/18 CALPERS - Fire - Retirement Account Deposit 6,202.83 6,202.83 4/18 CALPERS - Fire - Retirement Account Deposit 3,090.14 3,090.14 4/18 CALPERS - Fire - Retirement Account Deposit 2,927.81 2,927.81 4/18 STATE DISBURSEMENT UNIT - Child Support Payments 2,781.68 2,781.68 4/18 STATE DISBURSEMENT UNIT - Child Support Payments 1,264.26 1,264.26 4/18 Workers Comp - City Account Transfer 78.20 78.20 4/18 Workers Comp - Fire Account Transfer 3,047.63 3,047.63 4/19 WIRE PAYMENT - RCMU CAISO 106,644.58 106,644.58 4/19 Workers Comp - Fire Account Transfer 4,602.82 4,602.82 4/22 Workers Comp - Fire Account Transfer 95,098.21 95,098.21 4/23 CALPERS - Fire - Retirement Account Deposit 238,734.73 238,734.73 4/23 CALPERS - Fire - Retirement Account Deposit 9,661.93 9,661.93 4/23 Workers Comp - City Account Transfer 489.66 489.66 4/23 Workers Comp - Fire Account Transfer 971.78 971.78 4/26 WIRE PAYMENT - RCMU CAISO 21,774.04 21,774.04 4/26 Workers Comp - City Account Transfer 90.00 90.00 4/26 Workers Comp - Fire Account Transfer 625.00 625.00 4/29 Workers Comp - Fire Account Transfer 96.80 96.80 4/30 Workers Comp - City Account Transfer 1,102.02 1,102.02 4/30 Workers Comp - Fire Account Transfer 986.86 986.86 TOTAL CITY 716,966.04 TOTAL FIRE 815,932.68 GRAND TOTAL 1,532,898.72 CITY OF RANCHO CUCAMONGAAND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register APRIL 1, 2024 TO APRIL 30, 2024 1 Page 28 DATE:June 5, 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:Noah Daniels, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $17,840.85 Dated May 06, 2024, through May 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 $16,921.56 and $919.29 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 Page 29 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. AND CITY OF RANCHO CUCAMONGA 5/6/2024 through 5/22/2024 Check No.Check Date Vendor Name City Fire Amount AP 00445380 05/15/2024 SOCAL GAS 1,183.68 0.00 1,183.68 ***AP 00445526 05/22/2024 SOCAL GAS 15,737.88 919.29 16,657.17 $16,921.56 $17,840.85 $919.29 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 07:50:06 05/23/2024Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 30 DATE:June 5, 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:Julie A. Sowles, Deputy City Manager of Civic and Cultural Services Linda A. Troyan, MMC, City Clerk Services Director SUBJECT:Consideration to Cancel and Reschedule the September 18, 2024, Regular Meetings of the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and City Council to September 17, 2024. (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council cancel and reschedule the September 18, 2024, Regular Meetings of the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and City Council to September 17, 2024. BACKGROUND: The City Council sits as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. Regular Meetings of the City Council are held on the first and third Wednesday of the month. ANALYSIS: In order for Council and staff to attend the County of San Bernardino’s State of the County event, staff recommends that the City Council cancel and reschedule the September 18, 2024, Regular Meetings to September 17, 2024. The City Clerk Services Department will provide the appropriate legal notification of the change. FISCAL IMPACT: Not applicable. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item maintains organizational efficiency and planning to help advance the quality of life for the community through inclusive decision making. ATTACHMENTS: No attachments. Page 31 DATE:June 5, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Micah Martin, Public Works Services Director Richard Favela, Streets, Storm Drains and Fleet Superintendent Kenneth Fung, Associate Engineer SUBJECT:Consideration to Reject the Bid for the CDBG Concrete Rehabilitation Project FY 2023-24 as Non-Responsive to the Needs of the City. (CITY) RECOMMENDATION: Staff recommends the City Council reject the bid for the CDBG Concrete Rehabilitation Project FY 2023-24 as non-responsive to the needs of the City. BACKGROUND: The Federal Department of Housing and Urban Development has a Community Development Block Grant (CDBG) program to help cities comply with the Americans with Disabilities Act (ADA) requirements in the public right-of-way. As part of the compliance requirement for use of HUD funds, 2 CFR 200.320(b)(1) Sealed Bids, mandates a minimum of two bids be submitted. The Base Bid for this project involved the removal and replacement of tree root damaged concrete sidewalk, drive approaches, curb, and gutters along with asphalt pavement at various locations in the public right-of-way along Foothill Boulevard from Archibald Avenue to Haven Avenue. This project also had additive bids for similar removal and replacement work along Amethyst Avenue between 19th Street and Monte Vista Street and Foothill Boulevard from Archibald Avenue to Baker Avenue. ANALYSIS: On Tuesday, April 23, 2024, at precisely 2:00 pm, the City opened a sealed bid for the CDBG Concrete Rehabilitation Project FY 2023-24. While five contractors attended the mandatory pre- bid meeting, only one bid was received for this project. Due to HUD compliance requirements, specifically 2 CFR 200.320(b)(1) Sealed Bids, the project could not be awarded. The bid submitted was a low Base Bid proposal of $162,318.60, within the project budget of $275,000. A copy of the Bid Summary is attached for reference. Discussions among the City's project management team and MDG Associates (the City's HUD Consultants) led to the realization that contractors that attended the mandatory pre-construction meeting declined to submit bid proposals due to increased amount of accountability to HUD based on the project funding and small scope of work. To attract more bidders and ensure the project's progress, Staff will combine the FY 2023-24 CDBG funds with the FY 2024-25 CDBG funds to Page 32 Page 2 2 3 6 7 expand the scope of work to include concrete removal and replacement work along Victoria Park Lane from Fairmont Way to Base Line Road. The strategy of combining funds will be used to advertise a significantly larger CDBG project during FY 2024-25, ensuring that the project can be carried out according to the required standards and specifications mandated by the Department of Housing and Urban Development. The CDBG Concrete Rehabilitation Project for FY 2024-25 is Public Works’ top priority to bid. Our goal is to advertise on the second Tuesday in July with an anticipated award in September. FISCAL IMPACT: The expenditure of FY 2023-24 CDBG funds will be delayed until FY 2024-25. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: By repairing tree root damaged sidewalks, drive approaches, curbs, and gutters within public right-of-way so that these improvements comply with Federal ADA requirements, this project addresses the Council’s goal of promoting and enhancing a safe and healthy community for all. ATTACHMENTS: Attachment 1 – Bid Summary Page 33 APRIL 23, 2024 BID OPENING SUMMARY CDBG CONCRETE REHABILITATION PROJECT FY 23-24 BASE BID - Foothill Blvd - Archibald Ave. to Haven Ave. Project Area Gentry General Engineering, Inc. item Description Qty Unit Unit Price Cost 1 Mobilization 1 LS $8,800.00 $8,800.00 2 Remove Ex PCC Sidewalk 9768 SF $4.20 $41,025.60 3 Construct New PCC sidewalk 9768 SF $9.30 $90,842.40 4 Remove Ex Residetial Drive Approach 742 SF $6.30 $4,674.60 5 Construct New 6" Residential Drive Approach 742 SF $16.50 $12,243.00 6 Remove Ex 8" Curb & 18" Gutter 40 LF $23.75 $950.00 7 Construct New PCC 8" Curb & 18" Gutter 40 LF $40.50 $1,620.00 8 Remove AC Pavement 42 SF $20.75 $871.50 9 Install New Asphalt Concrete Pavement 42 SF $30.75 $1,291.50 TOTAL BASE BID AMOUNT =$162,318.60 Included MBE/WBE doucmentation? (Y/N)Yes Included Section 3 doucmentation? (Y/N)Yes ADDITIVE BID NO 1 - Amethyst Ave Project Area Gentry General Engineering, Inc. 10 Mobilization 1 LS $8,800.00 $8,800.00 11 Remove Ex PCC Sidewalk 2709 SF $5.40 $14,628.60 12 Construct New PCC sidewalk 2709 SF $10.00 $27,090.00 13 Remove Ex Residetial Drive Approach 1279 SF $8.00 $10,232.00 14 Construct New 6" Residential Drive Approach 1279 SF $16.50 $21,103.50 15 Remove Ex 8" Curb & 18" Gutter 178 LF $34.00 $6,052.00 16 Construct New PCC 8" Curb & 18" Gutter 178 LF $60.50 $10,769.00 17 Remove AC Pavement 188 SF $40.00 $7,520.00 18 Install New Asphalt Concrete Pavement 188 SF $34.00 $6,392.00 TOTAL ADDITIVE BID NO 1 AMOUNT =$112,587.10 ADDITIVE BID NO 2 - Foothill Blvd - Archbald Ave to Hellman Ave Project Area Gentry General Engineering, Inc. 19 Remove Ex PCC Sidewalk 4636 SF $5.40 $25,034.40 20 Construct New PCC sidewalk 4636 SF $10.00 $46,360.00 21 Remove Ex Residetial Drive Approach 740 SF $8.00 $5,920.00 22 Construct New 6" Residential Drive Approach 740 SF $16.50 $12,210.00 23 Remove Ex 8" Curb & 18" Gutter 170 LF $34.00 $5,780.00 24 Construct New PCC 8" Curb & 18" Gutter 170 LF $44.30 $7,531.00 25 Remove AC Pavement 186 SF $14.50 $2,697.00 26 Install New Asphalt Concrete Pavement 186 SF $35.00 $6,510.00 TOTAL ADDITIVE BID NO 2 AMOUNT =$112,042.40 ADDITIVE BID NO 3 - Foothill Blvd - Hellman Ave to Baker Ave. Project Area Gentry General Engineering, Inc. 27 Remove Ex PCC Sidewalk 3309 SF $5.25 $17,372.25 28 Construct New PCC sidewalk 3309 SF $10.00 $33,090.00 TOTAL ADDITIVE BID NO 3 AMOUNT =$50,462.25 ATTACHMENT 1 - BID SUMMARY Page 34 DATE:June 5, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Micah Martin, Public Works Services Director Neil Plummer, Public Works Deputy Director Daniel Akers, Parks and Landscape Superintendent Lindsay McElwain, Acting Management Analyst III SUBJECT:Consideration of a Single Source Procurement of HydroPoint WeatherTrak Smart Irrigation Controllers from SiteOne Landscape Supply in an Amount not to Exceed $500,000 for FY 2024/25. (CITY) RECOMMENDATION: Staff recommends City Council approve the single-source procurement of HydroPoint WeatherTrak Smart Irrigation controllers from SiteOne Landscape Supply in an amount not to exceed $500,000 for FY 2024/25. BACKGROUND: In 2018, the California State Legislature passed Assembly Bill (AB) 1668 and Senate Bill (SB) 606, directing the State Water Board to adopt efficiency standards and performance measures for commercial, industrial, and institutional (CII) water use. California has always experienced large shifts between dry and wet years, and due to climate change these shifts are becoming more severe. The recent storms and flooding seen statewide, following years of back-to-back extreme drought, make clear the importance of being prepared for the future. As such, in 2021, the City of Rancho Cucamonga piloted replacing the old Calsense irrigation controllers in LMD 9 with WeatherTrak Smart Irrigation controllers to test the system and collect data on water usage reductions and cost savings. The pilot was so successful, with an 850,000- gallon reduction in water usage in 9 months, that in FY 2022/23, City Council approved a single- source procurement of WeatherTRAK irrigation controllers to install in LMDs 2, 3B, and 4R. To date, the Public Works Services Department Water Management Team has removed and installed over 200 new irrigation controllers throughout these districts. With these new controllers, the City has been able to significantly reduce overall water usage. When comparing consumption data in LMD 9 from 2020 to 2024 water usage has decreased nearly 50%. The installation of new controllers in LMD 2, 3B, and 4R was completed in July 2023 and the data for the last 10 months already shows our usage dropped 43% from 2022 and 50% from 2021. The new system allows staff to remotely connect to the irrigation controllers, adjust water use, and receive notifications if the system is malfunctioning. Automatic notifications of issues in the field mean staff can act quickly and mitigate any excess water loss, which has proven to be highly successful. Page 35 Page 2 2 3 6 6 Approval of the single source procurement for the purchase of WeatherTrak Smart Irrigation Controllers for FY 2024/25 will allow staff to replace all irrigation controllers in LMD 6R, LMD 10, PD 85, and at the Sports Complex, and replace 20 of 104 controllers in LMD 1. ANALYSIS: The City of Rancho Cucamonga is one of the largest water customers of the Cucamonga Valley Water District and one of the few that has dedicated landscape irrigation meters. Ninety-eight percent of the City’s water usage is from outdoor irrigation for landscaping and parks. Due to the success of these irrigation controllers, staff is seeking approval for a single source procurement from the City Council for HydroPoint WeatherTrak Smart Irrigation Controllers from SiteOne Landscape Supply for replacement projects planned across LMD 6R and LMD 10 and to begin replacement projects at the Sports Complex, in PD 85 and in LMD 1. SiteOne Landscape Supply is the exclusive distributor of HydroPoint WeatherTrak Smart Irrigation Controllers in Southern California. Once purchased, the Water Management Team will remove the old controllers and install the new ones throughout the selected sites. FISCAL IMPACT: The cost to purchase and install the irrigation controllers for LMDs 6R, 10, PD 85, the Sports Complex, and 20 out of 104 controllers in LMD 1 is approximately $456,500 and was included in the Proposed FY 2024/25 Budget in the following funds: Account Line Item Amount 1136303-5603 Irrigation Controllers Project $126,500 1140303-5603 Irrigation Controllers Project $109,250 1141303-5603 Irrigation Controllers Project $100,000 1700312-5603 Irrigation Controllers Project $68,250 1847303-5603 Irrigation Controllers Project $52,500 The not to exceed amount includes a contingency of $43,500 for variations in the cost of controllers based on size. While an investment to purchase, over time savings in water utility expenses will result in overall cost reductions. Since July 2023, when WeatherTrak installations were completed in LMDs 2, 3B, and 4R, water utility costs have reduced nearly $500,000. Our target of a sustained 20-30% reduction in water consumption will conserve over 200 million gallons of water per year and continue to reduce utility costs throughout the City. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses City Council’s core values of the relentless pursuit of improvement and intentionally embracing and anticipating our future. ATTACHMENTS: Attachment 1 - Single Source Form Page 36 D:\TempFiles\Temporary Internet Files\OLK21C\Sole Source Justification Form (3).doc CITY OF RANCHO CUCAMONGA SINGLE/SOLE SOURCE JUSTIFICATION FOR PURCHASES $5,000 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. 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? DEFINITIONS: 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. SOLE SOURCE - A transaction with the only business entity capable of supplying or providing the goods or services that meet the specified need. Initial 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. _______ 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 - Single Source Form SiteOne Landscape Supply May 9, 2024 WeatherTRAK Irrigation Controllers $500,000 Lindsay McElwain/Danny Akers Yes SiteOne is the exclusive irrigation distributer of WeatherTrak products and services in California. No. 4 Page 37 Single/Sole Source Justification Form Page 2 D:\TempFiles\Temporary Internet Files\OLK21C\Sole Source Justification Form (3).doc 1/18/07 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: _____________ Purchasing Department APPROVED APPROVED WITH CONDITION/S DISAPPROVE Comments: $5,000 - $50,000 APPROVED BY PURCHASING MANAGER: ____________________________Date: __________ $50,000 – 100,000 APPROVED BY CITY MANAGER: ____________________________Date: __________ $100,000 AND OVER See comments above by Purchasing Division, attach to Council Request CITY COUNCIL ACTION: ____________________________________________Date: ___________ Will review Single Source Justification in three years to verify the justification is still applicable and if needed will conduct a competitive bid process to solidify the requirement justification for the Single Source. sdfsdf Public Works 4 4 Page 38 Page 1 of 1 In 2021, the City initiated a pilot program using WeatherTRAK irrigation controllers in LMD 9 with the intent of reducing water usage and increasing efficiency. The preliminary data reflected a successful pilot, and as a result, City Council approved a single-source procurement of WeatherTRAK irrigation controllers to upgrade at 107 sites in LMD 2, 17 sites in LMD 3B, and 55 sites in LMD 4R. Those sites were converted by the City’s Water Management Team as of July 2023 and data collected since has shown a savings of 50% of our usage when compared to 2021 before this project began. Due to the significant reductions in water use, cost savings as a result of water utility reductions, compatibility with controllers already installed in LMDs 2, 3B, 4R, and 9, the ease of maintenance, and the simplicity in use of the WeatherTRAK irrigation controllers, Public Works is requesting approval of a single-source agreement to purchase 60 WeatherTRAK controllers from SiteOne Landscape Supply for irrigation controller replacements in LMD 6 and LMD 10, and to begin replacing controllers at the Sports Complex, PD 85, and LMD 1. Attached is a letter from HydroPoint, the manufacturer of the WeatherTRAK controllers, recognizing SiteOne as the exclusive irrigation distribution partner for WeatherTRAK Irrigation Solutions in Southern California. Should the single-source procurement not be approved, the City would not be able to purchase WeatherTRAK controllers, and the Water Management Team would have limited ability to decrease water usage at the proposed sites. DATE: TO: May 9, 2024 Ruth Cain, Procurement Manager FROM: Micah Martin, Public Works Services Director BY: Daniel Akers, Parks/Landscape Superintendent Lindsay McElwain, Acting Management Analyst III SUBJECT: Single-Source Justification for Purchase of WeatherTRAK Irrigation Controllers MEMORANDUM (Public Works Services Department) Page 39 Date: May 09, 2024 RE: SiteOne Landscape Supply – WeatherTRAK Exclusive Distributor This letter is to confirm that SiteOne Landscape Supply is the Exclusive distributor of WeatherTRAK irrigation products in Southern CA. As such SiteOne has access to best pricing and also direct access to manufacturer support to assist end customers. SiteOne is also a trained and certified service and support provider for pre and post sales WeatherTRAK Customers. Regards, Chris Manchuck Chief Revenue Officer HydroPoint Data Systems cmanchuck@hydropoint.com Page 40 DATE:June 5, 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:Mike McCliman, Fire Chief Ty Harris, Deputy Fire Chief Darci Vogel, Fire Business Manager SUBJECT:Consideration of an Increase to AMG & Associates, Inc. Contract No. FD 2021-011 in the Amount of $3,370,696 for the Fire Station 178 Project. (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council and Fire Board of the Rancho Cucamonga Fire Protection District approve an increase to the AMG & Associates, Inc. contract No. FD 2021-011 for $3,370,696 for the inclusion of the 9/11 Memorial at Fire Station 178. BACKGROUND: On February 17, 2016, the City Council / Fire Board of the Rancho Cucamonga Fire Protection District (Fire Board) approved the purchase of 3.8 acres of property located at the corner of Town Center Drive and Terra Vista Parkway for the future Fire Station 178. This property is centrally located in an area of the city planned for high-density residential and large-scale office building developments. This strategic location helps maximize existing resources to better serve the central community while providing for a systemwide draw-down and corresponding demands for service. The design identified that the fire station would be located on the on 2.5 acres and the remaining 1.3 acres would be reserved for future development or park space. On August 5, 2020, the City Council / Fire Board approved a contract amendment with Mary McGrath Architects for conceptual design build services of the new Fire Station 178. The conceptual design for the station was a 12,176 square foot, two-story fire station to house three (3) on-duty firefighters 24 hours per day. The station was designed to accommodate up to seven (7) on-duty personnel in order to address potential future changes in response and staffing needs. On September 1, 2021, the City Council / Fire Board awarded contract FD 2021-011 to AMG & Associates, Inc. for the design-build of Fire Station 178, and included both Additive Alternate No. 1 (Records Storage Building) and No. 2 (Solar/Battery Storage System). The total contract awarded was $16,389,052 (including an allowance of $630,348 for design-build and additive alternates) and an additional 10% project contingency of $945,522. Construction of Fire Station 178 utilized the design-build process, the first time for both the City and the Fire District. This progressive process involved a general contractor and licensed architect partnering to form a design-build team to work collaboratively under a single contract to provide design and construction services. This process allowed for a unified flow of work, greater flexibility in Page 41 Page 2 2 3 8 7 awarding a contract, higher quality work, and greater cost certainty with fewer change orders and delays. During a study session on September 1, 2021, the Fire Board also considered options for the construction of a 9/11 Memorial using steel remnants obtained from the South Tower of the World Trade Center. During the study session, the City Council / Fire Board directed staff to move forward with incorporating the 9/11 Memorial at the Fire Station 178 site. The Fire Board authorized a total of $1,000,000 in funding, split $700,000 for the Fire District and $300,000 for the City. On October 20, 2021, Mary McGrath Architects’ contract for Conceptual Design Build services of Fire Station 178 was amended to include the design and layout of the 9/11 Memorial, as well as creation of the Basis of Design documents and coordination with the Design-Build contractor’s team. The Basis of Design documents were prepared at a concept level of design and included written performance requirements. The intent of these documents was to allow AMG & Associates’ team to provide a high‐level order of magnitude cost proposal for the park addition and, ultimately, complete the construction documents and construct the 9/11 Memorial. The initial pricing was received in July 2022; however, construction numbers came in higher than expected due to rising construction costs and a number of unknowns with the project. District staff worked with AMG & Associates and Mary McGrath Architects to identify options for value engineering in order to reduce costs. Ultimately, it was determined that the best way to get accurate, competitive pricing for the project was to move forward with schematic design, design development, and completion of construction documents. On November 2, 2022, the AMG & Associates, Inc. contract for the design-build of Fire Station 178 was amended to include preconstruction services for the 9/11 Memorial. The change order included schematic design, design development, and completion of construction documents for the 9/11 Memorial. Once preconstruction services were complete, the City Council / Fire Board would be able to determine if and when to proceed with the next phase of the 9/11 Memorial. During this time, the Fire District and City began exploring funding mechanisms for the 9/11 Memorial, including the community fundraising campaign “$8 to Station #8” and State Earmark Requests, which allocates funds directly to projects that demonstrate a benefit to local communities. In January 2023, the City submitted a State Earmark Request to Assembly Majority Leader Emeritus Eloise Gomez Reyes for $3.2 million for the 9/11 Memorial. The State approved the funding request and on November 2, 2023, Assembly Majority Leader Emeritus Eloise Gómez Reyes presented the City with a check for $3.2 million for the construction of the 9/11 Memorial. The funding is being distributed as a grant, administered by the California Natural Resources Agency. On February 6, 2024, the Fire Board / City Council approved a resolution accepting the grant funds, authorizing submittal of the required project information package, and authorizing the Fire Chief to execute and submit all project forms, agreements, and payment requests. ANALYSIS: On May 20, 2024, the 9/11 Memorial Grant Agreement was executed, providing the funding necessary to move forward with the 9/11 Memorial at Fire Station 178. In addition, the City Council / Fire Board’s prior authorization of $1,000,000 in funding and community fundraising of approximately $88,740, have established a total budget of $4,288,740 for the 9/11 Memorial. This budget includes any associated expenses, including preconstruction, construction, project management, third party consultants, project contingency, etc. Page 42 Page 3 2 3 8 7 AMG & Associates, Inc. has completed the preconstruction services on the 9/11 Memorial and provided a cost proposal in the amount of $3,182,141, plus an Additive Alternate for concrete walkways in the amount of $188,555, for a total cost proposal of $3,370,696. Staff recommends approving a change order with AMG & Associates, Inc. in the amount of $3,370,696 for the 9/11 Memorial at Fire Station 178. FISCAL IMPACT: Anticipated costs for the 9/11 Memorial are estimated at $4,288,740, which includes $3,370,696 for construction and $918,044 for project contingency to cover the other associated expenses, including preconstruction services, project management, third party consultants, etc. A total of $4,288,740 was included in FY 2023-24 Amended Budget under the following accounts. No additional appropriations are needed. Account No.Funding Source Description Amount 1274501-5650 / 1645274-0 State Grant Fund Town Center Fire Station 178 $3,200,000 3288501-5650 / 1645288-0 Fire Protection Capital Fund Town Center Fire Station 178 $788,740 1025001-5650 / 1645025-0 City Capital Reserve Fund Town Center Fire Station 178 $300,000 TOTAL:$4,288,740 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The construction of the Fire Station 178 will promote a safe and healthy community for all by enhancing the delivery of vital life safety services and ensuring efficient response times to residents, visitors, and businesses. The inclusion of the 9/11 Memorial will continue to build and preserve a family-oriented atmosphere by providing the community a space for reflection and remembrance. ATTACHMENTS: None Page 43 DATE:June 5, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Micah Martin, Public Works Services Director Ruth Cain, Procurement Manager Daniel Akers, Parks and Landscape Superintendent Lindsay A. McElwain, Acting Management Analyst III SUBJECT:Consideration to Award a Professional Services Agreement to Colts Landscape, Inc for Landscape and Irrigation Maintenance for General Fund and LMD 1 Parkways, Paseos, and Medians in an Amount Not to Exceed $926,190 for FY 2024/25. (CITY) RECOMMENDATION: Staff recommends City Council: 1. Award and authorize the execution of a professional services agreement for Landscape and Irrigation Maintenance for General Fund and LMD 1 Parkways, Paseos, and Medians to Colts Landscape, Inc, of Garden Grove, California, effective July 1, 2024, for a one-year term with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $926,190 for FY 2024/25, and an estimated $7,315,420 over seven years, contingent upon approval of future budgets. 2. Authorize an expenditure in an amount not to exceed $926,190 in FY 2024/25. BACKGROUND: The Public Works Services Department and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. Currently, the General Fund and LMD 1 landscaped areas are maintained under contracts with BrightView Landscape Services, Inc (LMD 1) and Mariposa Landscapes, Inc (General Fund) which were awarded in 2012 and 2017, respectively. In 2020, Public Works and Procurement rebid the contract for LMD-1, but due to proposed costs rejected all bids. This year, Public Works re-evaluated how to best bid contract landscape maintenance due to funding levels and to capitalize on economies of scale and it was determined that the landscaped areas in General Fund and LMD 1 should be maintained under a single contract. The landscape maintenance for Parks within LMD 1 are maintained under a separate contract for Parks Maintenance. This contract also excludes the median island maintenance on Haven Avenue and Foothill Boulevard which are maintained under a separate contract. Public Works staff updated the specifications to include newer terminology, service specification changes, and better compliance language. With these changes to the scope of service, the new contract will be more in line with current requirements and fund resources, while providing the best value for the community. Page 44 Page 2 2 3 6 8 This year will mark a significant change in LMD 1 Level of Service, as costs have reached a point where maintenance levels must be decreased to remain within revenues. Landscape Maintenance Services for the paseos, parkways, and medians within LMD 1, excluding Haven Avenue and Foothill Boulevard median islands, will be maintained at Service Level F beginning July 1, 2024. General Fund paseos, parkways, and medians will be maintained at a Service Level A. The updated specifications were submitted to the Procurement Division to prepare a formal Request for Proposals (RFP). Procurement prepared and posted RFP #23/24-007 for Landscape and Irrigation Maintenance for General Fund and LMD 1 Parkways, Paseos, and Medians on February 13, 2024. There were 308 vendors notified; 30 prospective bidders downloaded or viewed the bid package, and four (4) responses were received. ANALYSIS: An evaluation committee of City staff conducted a thorough analysis of the RFP responses and scored and ranked the four (4) responsive proposals in accordance with the RFP evaluation criteria listed in Table 1. Cost is just one factor in the evaluation of RFP responses; therefore the low bidder will not necessarily be awarded a contract. Table 2. Reflects the vendor rankings. Table 1. Evaluation Criteria for Written Proposals Criteria Description Weight Vendor Expertise 10% Quality of proposed goods or services 15% Extent to which the Vendor’s goods or services meet the City’s and RCFPD’s needs 25% Vendor’s history and resources available to provide the required services 15% Experience and professional qualifications of staff 20% Cost 15% Table 2. Vendor Ranking for Written Proposals Rank Vendor Score 1 Mariposa Landscapes, Inc 67 2 Colts Landscape, Inc 63 3 Merchants Landscape Services, Inc 61 3 BrightView Landscape Services, Inc 61 The top two (2) highest ranked vendors, as identified above, were invited to provide a Best and Final Offer (BAFO) and given an opportunity to adjust their proposal cost submittals. Based on the BAFO response, Colts Landscape, Inc of Garden Grove, California was determined to be the most responsive contract providing the best value while meeting the scope of services and specifications required. Therefore, staff recommends City Council approve the award and authorize the execution of a professional services agreement for Landscape and Irrigation Maintenance for General Fund and LMD 1 Parkways, Paseos, and Medians to Colts Landscape, Inc, of Garden Grove, California, effective July 1, 2024, for a one-year term with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $926,190 for FY 2024/25, and an estimated $7,315,420 over seven years, contingent upon approval of future budgets. Page 45 Page 3 2 3 6 8 The chart below has been prepared to illustrate the estimated annual funding requirements for the full contract term. Please note, this is only an estimate, and the amounts below could vary. Fiscal Year Est. Annual Increase (4%) Estimated Total Costs FY 2024/25 Year 1 $926,190 FY 2025/26 $37,050 $963,240 FY 2026/27 $38,530 $1,001,770 FY 2027/28 $40,080 $1,041,850 FY 2028/29 $41,680 $1,083,530 FY 2029/30 $43,350 $1,126,880 FY 2030/31 $45,080 $1,171,960 Estimated Grand Total $7,315,420 A copy of the contract will be on file in the City Clerk’s Office. FISCAL IMPACT: The Proposed FY 2024/25 Budget includes funding for Landscape Maintenance in General Fund (1001319-5300) in the amount of $578,810 and in LMD 1 (1130303-5300) in the amount of $263,180. The contract spending limit of $926,190 includes a contingency of $84,200 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s core values of providing and nurturing a high quality of life for all, promoting and enhancing a safe and healthy community for all, and building and preserving a family-oriented atmosphere. ATTACHMENTS: None. Page 46 DATE:June 5, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Micah Martin, Public Works Services Director Daniel Akers, Parks and Landscape Superintendent Lindsay A. McElwain, Acting Management Analyst III SUBJECT:Consideration to Award a Professional Services Agreement to Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance for Haven Avenue and Foothill Boulevard Medians and LMD 3B Parkways and Medians in an Amount Not to Exceed $410,150 for FY 2024/25. (CITY) RECOMMENDATION: Staff recommends City Council: 1. Award and authorize the execution of a professional services agreement for Landscape and Irrigation Maintenance for Haven Avenue and Foothill Boulevard Medians and LMD 3B Parkways to Mariposa Landscapes, Inc. of Irwindale, California, effective July 1, 2024, for a one-year term with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $410,150 for FY 2024/25, and an estimated $3,239,610 over seven years, contingent upon approval of future budgets. 2. Authorize an expenditure in an amount not to exceed $410,150 for FY 2024/25. BACKGROUND: The Public Works Services Department and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. Currently, the Haven Avenue and Foothill Boulevard medians landscapes are maintained under a single contract and a separate contract that is combined with the General Fund landscaped areas covers the LMD 3B parkways and medians. Both of these previous contracts were awarded to Mariposa Landscapes Inc., in 2017. This year, Public Works re-evaluated how to best bid contract landscape maintenance due to funding levels and to capitalize on economies of scale and it was determined that the landscaped areas for Haven Avenue and Foothill Boulevard medians and LMD 3B parkways and medians should be maintained under a single contract. This contract is distinct from other paseo, parkway, and median island contracts, as it covers landscape maintenance along major thoroughfares Haven Avenue and Foothill Boulevard, which run through several LMDs and thus the funding for this contract includes LMD 1, LMD 4R, and LMD 9. The decision to maintain Haven Avenue and Foothill Boulevard in a separate contract from the paseos, parkways, and median island contracts for those specific LMDs was made to allow for a higher level of service to be maintained along these main streets. The landscaped sites within this contract will be maintained at a Service Level A beginning July 1, 2024 which is an increase for some sites in LMD 3B which are currently maintained at a Service Level B. Page 47 Page 2 2 3 6 9 Public Works staff updated the specifications to include newer terminology, service specification changes, and better compliance language. With these changes to the scope of service, the new contract will be more in line with current requirements and fund resources, while providing the best value for the community. The updated specifications were submitted to the Procurement Division to prepare a formal Request for Proposals (RFP). Procurement prepared and posted RFP #23/24-003 for Landscape and Irrigation Maintenance for Haven Avenue and Foothill Boulevard Medians and LMD 3B Parkways and Medians on February 20, 2024. There were 600 vendors notified; 34 prospective bidders downloaded or viewed the bid package, and five (5) responses were received. ANALYSIS: An evaluation committee of City staff conducted a thorough analysis of the RFP responses and scored and ranked the five (5) responsive proposals in accordance with the RFP evaluation criteria listed in Table 1. Cost is just one factor in the evaluation of RFP responses; therefore the low bidder will not necessarily be awarded a contract. Table 2. Reflects the vendor rankings. Table 1. Evaluation Criteria for Written Proposals Criteria Description Weight Vendor Expertise 10% Quality of proposed goods or services 15% Extent to which the Vendor’s goods or services meet the City’s and RCFPD’s needs 25% Vendor’s history and resources available to provide the required services 15% Experience and professional qualifications of staff 20% Cost 15% Table 2. Vendor Ranking for Written Proposals Rank Vendor Score 1 Merchants Landscape Services 81 2 Mariposa Landscapes Inc.78 3 BrightView Landscape Services 75 4 Colts Landscape 67 5 MCE Corporation 65 The top two (2) highest ranked vendors, as identified above, were invited to provide a Best and Final Offer (BAFO) and given an opportunity to adjust their proposal cost submittals. Based on the BAFO response, Mariposa Landscapes, Inc of Irwindale, California was determined to be the most responsive contract providing the best value while meeting the scope of services and specifications required. Therefore, staff recommends City Council approve award and authorize the execution of a professional services agreement for Landscape and Irrigation Maintenance for Haven Avenue and Foothill Boulevard Medians and LMD 3B Parkways and Medians to Mariposa Landscapes Inc., of Irwindale, California, effective July 1, 2024, for a one-year term with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $410,150 for FY 2024/25, and an estimated $3,239.610 over seven years, contingent upon approval of future budgets. Page 48 Page 3 2 3 6 9 The chart below has been prepared to illustrate the estimated annual funding requirements for the full contract term. Please note, this is only an estimate, and the amounts below could vary. Fiscal Year Prior Year Costs Est. Annual Increase (4%)Est. Total Costs FY 2024/25 Year 1 N/A $410,150 FY 2025/26 $410,150 $16,410 $426,560 FY 2026/27 $426,560 $17,070 $443,630 FY 2027/28 $443,630 $17,750 $461,380 FY 2028/29 $461,380 $18,460 $479,840 FY 2029/30 $479,840 $19,200 $499,040 FY 2030/31 $499,040 $19,970 $519,010 Estimated Grand Total $3,239,610 A copy of this contract will be on file in the City Clerk’s Office. FISCAL IMPACT: The Proposed FY 2024/25 Budget includes funding for Landscape Maintenance in General Fund (1001319-5300), in LMD 1 (1130303-5300), in LMD 3B (1133303-5300), LMD 4R (1134303- 5300), and LMD 9 (1139303-5300). Contract rates for this contract have remained flat for the new fiscal year. A breakdown of funding for this contract can be found in the table below. Account Funding Source Amount 1001319-5300 Parks Maintenance - Contract Services $35,570 1130303-5300 LMD 1 General City - Contract Services $21,480 1133303-5300 LMD 3B Medians - Contract Services $255,200 1134303-5300 LMD 4 Terra Visa - Contract Services $35,050 1139303-5300 LMD 9 Lower Etiwanda - Contract Services $9,370 The contract spending limit of $410,150 includes a contingency of $53,480 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s core values of providing and nurturing a high quality of life for all, promoting and enhancing a safe and healthy community for all, and building and preserving a family-oriented atmosphere. ATTACHMENTS: None. Page 49 DATE:June 5, 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 Trina Valdez, Utilities Operations Supervisor SUBJECT:Consideration of Amendment No. 03 to the Professional Services Agreement with NV5, Inc. (Contract No. 19-110) for a Two-Year Renewal for Electrical Engineering Design and Support. (CITY) RECOMMENDATION: Staff recommends the City Council approve and authorize Amendment No. 03 for a two-year renewal of the Professional Services Agreement (CO19-110) with NV5, Inc. in the amount of $200,000 per Fiscal Year. BACKGROUND: In 2019, the City of Rancho Cucamonga and NV5, Inc. entered into a Professional Services Agreement (CO19-110) to provide electric distribution operations and technical electrical engineering design and support for the Rancho Cucamonga Municipal Utility (RCMU) for a seven- year term. This would be the last two-year renewal for the contract terms. ANALYSIS: As RCMU continues to expand its electric infrastructure, electrical engineering services and design support is a necessary component to accommodate new development, line extension opportunities, and more complex projects. Over the past five (5) years, NV5, Inc. has been providing electrical engineering support and design services. Staff notes that the recommended annual contract amount fluctuates year to year based on anticipated development design, inspection services, and third-party plan review. This amendment for $200,000 per Fiscal Year is forecasted based on upcoming capital and development related improvements to RCMU’s electrical system. Given the knowledge and expertise NV5, Inc. has provided, it is recommended that the City continue utilizing their services for electrical engineering and design services. A copy of Amendment No. 03 is available in the City Clerk’s office. FISCAL IMPACT: Funds from the Municipal Utility Fund (Fund 705) in the amount of $200,000 have been included in account number 1705303-5309 of the proposed Fiscal Year 2024/25 Budget. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s Core Value of promoting and enhancing a safe and healthy community for all by ensuring that public infrastructure is designed and well-maintained. Page 50 Page 2 2 3 5 4 ATTACHMENTS: None. Page 51 DATE:June 5, 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 Trina Valdez, Utilities Operations Supervisor SUBJECT:Consideration of Amendment No. 03 to the Professional Services Agreement with Yunex, LLC (Contract No. 19-111) for a Two-Year Renewal for Streetlight Knockdown Services. (CITY) RECOMMENDATION: Staff recommends the City Council approve and authorize Amendment No. 03 for a two-year renewal of the Professional Services Agreement (CO19-111) with Yunex, LLC in the amount of $200,000 per Fiscal Year. BACKGROUND: In 2019, the City of Rancho Cucamonga and Yunex, LLC entered into a Professional Services Agreement (CO19-111) to provide clean-up services when a streetlight is knocked down and installation of the replacement pole for all City-owned streetlights. ANALYSIS: On average, 50 streetlight knockdowns occur each year in the City and Yunex, LLC has been providing on-call clean-up and pole installation services for the past five (5) years. This includes arriving at the location, assisting with cutting the power to the pole, and hauling away the debris and pole. After the pole is removed, Yunex, LLC schedules the new pole, foundation, wiring, and fixture to be installed in a timely manner. The proposed amendment to extend the contract with Yunex maintains the existing unit pricing and no increase has been requested or recommended as part of the proposal. Given Yunex LLC’s knowledge of the City and installation standards, along with their qualifications and expertise in the field, it is recommended that the City continue utilizing its services for clean- up and installation of streetlight poles in the City. A copy of Amendment No. 03 is available in the City Clerk’s office. FISCAL IMPACT: Funds from the General City Streetlight Fund (Fund 150) in the amount of $200,000 is included in account number 1150202-5300 of the proposed Fiscal Year 2024/25 Budget. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s goal of enhancing public safety by ensuring well- maintained high-quality public infrastructure that promotes a world class community. ATTACHMENTS: None. Page 52 DATE:June 5, 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 Trina Valdez, Utilities Operations Supervisor SUBJECT:Consideration of Amendment No. 03 to the Professional Services Agreement with Yunex, LLC (Contract No. 19-112) for a Two-Year Renewal for Annual Streetlight Maintenance Services. (CITY) RECOMMENDATION: Staff recommends the City Council approve and authorize Amendment No. 03 for a two-year renewal of the Professional Services Agreement (CO19-112) with Yunex, LLC in the amount of $50,000 per Fiscal Year. BACKGROUND: In 2019, the City of Rancho Cucamonga and Yunex, LLC entered into a Professional Services Agreement (CO19-112) to provide routine maintenance services and quarterly night audits for the City-owned streetlights to ensure reliable street lighting throughout the City. The City owns approximately 15,750 standard concrete streetlight poles, 240 wood poles and 100 decorative concrete poles. ANALYSIS: Over the past five (5) years, Yunex, LLC has been providing diagnosis and maintenance repairs of streetlight fixtures including but not limited to the replacement of failed lamp fixtures or fuses, repair of loose wires, identification of the cause of streetlight outages which may include incorrect voltage issues, and installation of house side shields. Over 130 work orders are completed each year. Quarterly night audits consist of Yunex staff performing an in-field review of streetlights after dark to identify streetlights that require repair but have not been reported by members of the community. The proposed amendment to extend the contract with Yunex maintains the existing unit pricing and no increase has been requested or recommended as part of the proposal. Given Yunex LLC’s extensive knowledge and expertise of streetlights and their ability to identify and fix issues in a timely manner, it is recommended that the City continue utilizing their services for routine streetlight maintenance services and quarterly audits. A copy of Amendment No. 03 is available in the City Clerk’s office. FISCAL IMPACT: Funds from the General City Street Lights Fund (Fund 150) in the amount of $50,000 have been included in account number 1150202-5300 of the proposed Fiscal Year 2024/25 Budget. Page 53 Page 2 2 3 5 7 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s Core Value of promoting and enhancing a safe and healthy community for all by ensuring that public infrastructure is well-maintained. ATTACHMENTS: None. Page 54 DATE:June 5, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Micah Martin, Public Works Services Director Daniel Akers, Parks and Landscape Superintendent Lindsay A. McElwain, Acting Management Analyst III SUBJECT:Consideration of Amendment No. 6 to Contract No. 18-030 with Mariposa Landscapes, Inc. for LMDs 6R, 9, and 10 Parkway, Paseo, and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $159,400 through September 30, 2024. (CITY) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 6 to Contract No. 18-030 with Mariposa Landscapes, Inc., extending the term of the contract to September 30, 2024 and on a month-to-month basis thereafter until a new contract may be awarded as a result of RFP #24/25- 004 in an amount not to exceed $159,400 through September, 30, 2024 and an amount not to exceed $637,570 for FY 2024/25, contingent upon the approval of the FY 2024/25 Budget. BACKGROUND: The Public Works Services Department (PWSD) and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. On May 16, 2018, City Council awarded a competitively bid contract (CO# 18-030) for LMDs 6R, 7, 8, 9, and 10 Parkway, Paseo, and Median Island Landscape and Irrigation Maintenance to Mariposa Landscapes, Inc., of Irwindale, California, effective July 1, 2018 for a one (1) year term with an option to renew in one (1) year increments up to a total of six (6) additional years through June 30, 2024. In FY 2023/24, PWSD and Procurement re-evaluated how to best bid contract landscape and irrigation maintenance and determined it would be most cost effective for the city to separate landscape maintenance services for LMDs 7 and 8 as one contract and include landscape maintenance services for LMDs 6R, 9, and 10 under a separate contract. Landscape sites maintained under this contract include parkways, paseos, and median islands within LMDs 6R, 9, and 10, excepting the medians on Haven Avenue and Foothill Boulevard, which are maintained under a separate contract. RFP #23/24-010 for Landscape and Irrigation Maintenance Services for LMDs 7 and 8 was posted on March 12, 2024 and is anticipated to come to City Council for consideration to award on June 19, 2024 for a July 1, 2024 effective date. RFP #24/25-004 for Landscape and Irrigation Maintenance Services for LMDs 6R, 9, and 10 was posted on May 2, 2024. The bidding period closed on June 3, 2024 and the award is anticipated to come to City Council for consideration in September for an October 1, 2024 effective date. If approved, Amendment No. 6 to Contract No. 18-030 will extend the term of the contract to Page 55 Page 2 2 3 7 2 September 30, 2024, and on a month-to-month basis thereafter, until a new contract may be awarded as a result of RFP #24/25-004 with a 4.3% rate increase for routine (cyclically scheduled) maintenance and as needed “extra work” line items. The Amendment also changes the scope of services to remove landscape and irrigation maintenance in LMDs 7 and 8, as landscape sites within LMDs 7 and 8 will be maintained under a separate contract. ANALYSIS: Mariposa Landscapes, Inc., has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2024/25. Mariposa Landscapes, Inc., is requesting a 4.3% rate increase for routine (cyclically scheduled) maintenance and as needed “extra work” line items to cover increases in labor, material, and fuel costs. Mariposa Landscapes, Inc., continues to meet the services needs of the City and staff recommends the City Council approve the renewal of Contract No. 18-030 effective July 1, 2024 through September 30, 2024 and on a month-to-month basis thereafter until a new contract may be awarded as a result of RFP #24/25-004 and approve the spending limit of $159,400 through September 30, 2024 and an amount not to exceed $637,570 for FY 2024/25, contingent upon the approval of the FY 2024/25 Budget. A copy of this agreement is available in the City Clerk’s Office. FISCAL IMPACT: The Proposed FY 2024/25 Budget includes $531,550 for Paseos, Parkways, and Median Island Landscape and Irrigation Maintenance in LMD 6R (1136303-5300), in LMD 9 (1139303-5300), and in LMD 10 (1140303-5300). A breakdown of the funding for this contract can be found in the table below. Account Funding Source Amount 1136303-5300 LMD 6R Caryn Community - Contract Services $295,830 1139303-5300 LMD 9 Lower Etiwanda - Contract Services $91,680 1140303-5300 LMD 10 Rancho Etiwanda - Contract Services $144,040 The total contract spending limit of $637,570 includes a contingency of $106,020 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s core values of promoting and enhancing a safe and healthy community for all, while providing high quality outdoor spaces. ATTACHMENTS: None. Page 56 DATE:June 5, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Micah Martin, Public Works Services Director Daniel Akers, Parks and Landscape Superintendent Lindsay A. McElwain, Acting Management Analyst III SUBJECT:Consideration of Amendment No. 7 to Contract No. 16-262 with BrightView Landscape Services for PD 85 Parks Landscape and Maintenance in an Amount Not to Exceed $323,800 for FY 2024/25. (CITY) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 7 to Contract No. 16-262 with BrightView Landscape Services, Inc. for PD 85 Parks Landscape, extending the term of the contract to June 30, 2025 in an amount not to exceed $323,800 for FY 2024/25, contingent upon the approval of the FY 2024/25 Budget. BACKGROUND: The Public Works Services Department (PWSD) and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. On November 16, 2016, City Council awarded a competitively bid contract (CO# 16-262) for PD 85 Parks Landscape Maintenance to BrightView Landscape Services, of Ontario, California, effective January 1, 2017 for a six-month year term with an option to renew in one (1) year increments up to a total of seven (7) years through June 30, 2023. With Council’s approval, Public Works renewed this contract beyond the initial expiration through June 30, 2024 until specifications could be written and the services rebid. PWSD has started the process to fully re-bid these services in FY 2024/25 in time to award a new contract for FY 2025/26. To provide continuous landscape maintenance of the PD 85 Parks while these services are re-bid, it is necessary to extend the term of the contract one additional year. If approved, Amendment No. 7 to Contract No. 16-262 will extend the term of the contract to June 30, 2025. The amendment also changes the scope of services to remove playground inspections, tree maintenance, and irrigation maintenance. These services are still being conducted on a regular basis but are maintained through separate contracts. All other landscape maintenance services maintained under this contract will be conducted at a Service Level C. PD 85 Parks have been maintained on a Service Level C for the past few years. ANALYSIS: BrightView Landscape Services has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2024/25. BrightView Page 57 Page 2 2 3 7 3 Landscape Services requested a 15% increase for routine (cyclically scheduled) maintenance and as needed “extra work” line items to cover increases in labor, material, and fuel costs. Staff negotiated with BrightView Landscape Services for a best and final offer, to reduce the overall increase in the contract rate to 4%. BrightView Landscape Services agreed to some adjustments in the scope for an increase of 4% for routine maintenance and as needed extra work. BrightView Landscape Services continues to meet the services needs of the City and staff recommends the City Council approve the renewal of Contract No. 16-262 effective July 1, 2024 through June 30, 2025 and approve the spending limit in an amount not to exceed $323,800 for FY 2024/25, contingent upon the approval of the FY 2024/25 Budget. A copy of this agreement is available in the City Clerk’s Office. FISCAL IMPACT: The Proposed FY 2024/25 Budget includes $270,020 for PD 85 Parks Landscape Maintenance in 1848303-5300. The total contract spending limit of $323,800 includes a contingency of $53,780 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s core values of promoting and enhancing a safe and healthy community for all, while providing high quality outdoor spaces. ATTACHMENTS: None. Page 58 DATE:June 5, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Micah Martin, Public Works Services Director Daniel Akers, Parks and Landscape Superintendent Lindsay A. McElwain, Acting Management Analyst III SUBJECT:Consideration of Amendment No. 7 to Contract No. 19-187 with West Coast Arborists, Inc. for Citywide Tree Maintenance Services in an Amount Not to Exceed $1,963,310 for FY 2024/25. (CITY) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 7 to Contract No. 19-187 with West Coast Arborists, Inc. for Citywide Tree Maintenance, extending the term of the contract to June 30, 2025 in an amount not to exceed $1,963,310 for FY 2024/25, contingent upon the approval of the FY 2024/25 Budget BACKGROUND: On December 12, 2019, City Council awarded a competitively bid contract (CO#19-187) for Citywide Tree Maintenance to West Coast Arborists, of Anaheim, California, effective January 1, 2020 for a one (1) year term with an option to renew in one (1) year increments up to a total of six (6) additional years through June 30, 2027. These services include grid trimming, pruning, tree removals, stump grinding, planting, staking, pest control, fertilizing, watering, emergency response, and arborist services for City owned and maintained trees. The areas of work include all LMDs, CFDs, PD 85, and General Fund parkways, paseos, medians, parks, and City facilities. If approved, Amendment No. 7 to Contract No. 19-187 will extend the term of the contract to June 30, 2025 with a 4.3% rate increase. ANALYSIS: West Coast Arborists, Inc. has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2024/25 with a 4.3% rate increase. The requested increase is equal to the change in the March Riverside-San Bernardino-Ontario Region Consumer Price Index (CPI-U). West Coast Arborists continues to meet the service needs of the City and staff recommends the City Council approve the renewal of Contract No. 19-187 effective July 1, 2024 through June 30, 2025 and approve the spending limit in an amount not to exceed $1,963,310 for FY 2024/25, contingent upon the approval of the FY 2024/25 Budget. A copy of this agreement is available in the City Clerk’s Office. Page 59 Page 2 2 3 7 5 FISCAL IMPACT: The Proposed FY 2024/25 Budget includes $1,568,640 for citywide tree maintenance services. A funding breakdown is shown in the following table: Account Funding Source Amount 1001318-5650 Streets Maintenance $50,000 1001319-5310 Parks Maintenance $450,000 1130303-5310 LMD 1 $145,940 1131303-5310 LMD 2 $392,330 1133303-5310 LMD 3B $42,160 1133320-5310 LMD 3B - Metrolink $10,060 1134303-5310 LMD 4R $122,190 1136303-5310 LMD 6R $71,850 1137303-5310 LMD 7 $73,650 1138303-5310 LMD 8 $9,900 1139303-5310 LMD 9 $62,330 1140303-5310 LMD 10 $45,270 1700312-5310 Sports Complex $41,140 1848303-5310 PD 85 $26,820 1868303-5310 CFD 2000-03 $25,000 Total $1,568,640 The total contract spending limit of $1,963,310 includes a contingency of $327,220 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s core values of promoting and enhancing a safe and healthy community for all, while providing high quality outdoor spaces. ATTACHMENTS: None. Page 60 DATE:June 5, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Micah Martin, Public Works Services Director Daniel Akers, Parks and Landscape Superintendent Lindsay A. McElwain, Acting Management Analyst III SUBJECT:Consideration of Amendment No. 8 to Contract No. 16-148 with BrightView Landscape Services for LMD 1 Parks Landscape and Maintenance in an Amount Not to Exceed $353,620 for FY 2024/25. (CITY) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 8 to Contract No. 16-148 with BrightView Landscape Services, Inc. for LMD 1 Parks Landscape, extending the term of the contract to June 30, 2025 in an amount not to exceed $353,620 for FY 2024/25, contingent upon the approval of the FY 2024/25 Budget. BACKGROUND: The Public Works Services Department (PWSD) and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. On June 15, 2015, City Council awarded a competitively bid contract (CO# 16-148) for LMD 1 Parks Landscape Maintenance to BrightView Landscape Services, of Ontario, California, effective July 1, 2016 for a one (1) year term with an option to renew in one (1) year increments up to a total of six (6) additional years through June 30, 2023. With Council’s approval, Public Works renewed this contract beyond the initial expiration through June 30, 2024 until specifications could be written and the services rebid. PWSD has started the process to fully re-bid these services in FY 2024/25 in time to award a new contract for FY 2025/26. To provide continuous landscape maintenance of the Parks in LMD 1 while these services are re-bid, it is necessary to extend the term of the contract one additional year. The landscape maintenance covered under this contract is only for the parks within LMD 1. The paseos, parkways, and medians in LMD 1 are maintained under a separate contract. If approved, Amendment No. 8 to Contract No. 16-148 will extend the term of the contract to June 30, 2025. The amendment also changes the scope of services to remove playground inspections, tree maintenance, and irrigation maintenance. These services are still being conducted on a regular basis but are maintained through separate contracts. All other landscape maintenance services maintained under this contract will be conducted at a Service Level C. LMD 1 Parks have been maintained on a Service Level C for the past few years. Page 61 Page 2 2 3 7 4 ANALYSIS: BrightView Landscape Services has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2024/25. BrightView Landscape Services requested a 10% increase for routine (cyclically scheduled) maintenance and as needed “extra work” line items to cover increases in labor, material, and fuel costs. Staff negotiated with BrightView Landscape Services for a best and final offer, to reduce the overall increase in the contract rate to 3.5%. BrightView Landscape Services agreed to some adjustments in the scope for an increase of 3.5% for routine maintenance and as needed extra work. BrightView Landscape Services continues to meet the services needs of the City and staff recommends the City Council approve the renewal of Contract No. 16-148 effective July 1, 2024 through June 30, 2025 and approve the spending limit in an amount not to exceed $353,620 for FY 2024/25, contingent upon the approval of the FY 2024/25 Budget. A copy of this agreement is available in the City Clerk’s Office. FISCAL IMPACT: The Proposed FY 2024/25 Budget includes $337,320 for LMD 1 Parks Landscape Maintenance in 1130303-5300. The total contract spending limit of $353,620 includes a contingency of $16,300 for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s core values of promoting and enhancing a safe and healthy community for all, while providing high quality outdoor spaces. ATTACHMENTS: None. Page 62 DATE:June 5, 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 Darci Vogel, Fire Business Manager Daniel Akers, Parks and Landscape Superintendent Lindsay A. McElwain, Acting Management Analyst III SUBJECT:Consideration of Amendment No. 9 to Contract No. 17-143 with Mariposa Landscapes, Inc. Park Mowing and Facility Landscape Maintenance in an Amount Not to Exceed $1,107,360 for FY 2024/25. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council and the Fire Board of the Rancho Cucamonga Fire Protection District approve Amendment No. 9 to Contract No. 17-143 with Mariposa Landscapes, Inc., extending the term of the contract to June 30, 2025 in an amount not to exceed $1,107,360 ($951,430 for City Facilities and $155,930 for Fire Facilities) for FY 2024/25, contingent upon the approval of the FY 2024/25 Budget. BACKGROUND: The Public Works Services Department (PWSD) and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. On June 21, 2017, City Council awarded a competitively bid contract (CO# 17-143) for Park Mowing and Facility Landscape Maintenance to Mariposa Landscapes, Inc., of Irwindale, California, effective June 21, 2017 for a one (1) year term with an option to renew in one (1) year increments up to a total of six (6) additional years through June 30, 2024. The amendment will also add regular landscape maintenance to all Fire Stations, including Fire Station 178, the old Fire Station 172, and Public Safety Facility. Under the current contract terms, only Stations 175 and 174 have routine maintenance scheduled. PWSD is recommending to extend the term of this contract for one additional year, through June 30, 2025, to allow staff time to prepare the bid documents and rebid the contract. Public Works staff will complete specifications to solicit bids for Park Mowing and Facility Landscape Maintenance by the end of the second quarter of FY 2024/25. Once the specifications are complete, the services will be formally bid. The intent is to have the bid process completed and a new contract awarded before the end of FY 2024/25 for an effective date of July 1, 2025. If approved, Amendment No. 9 to Contract No. 17-143 will extend the term of the contract to June 30, 2025, with a 4.3% rate increase for routine (cyclically scheduled) maintenance and as needed Page 63 Page 2 2 3 7 1 “extra work” line items and add routine landscape maintenance at all Fire Stations. ANALYSIS: Mariposa Landscapes, Inc., has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2024/25. Mariposa Landscapes, Inc., is requesting a 4.3% rate increase for routine (cyclically scheduled) maintenance and as needed “extra work” line items to cover increases in labor, material, and fuel costs. Mariposa Landscapes, Inc., continues to meet the services needs of the City and staff recommends the City Council and the Fire Board of Directors approve the renewal of Contract No. 17-143 effective July 1, 2024 and approve the spending limit of $1,107,360 ($951,430 for City Facilities and $155,930 for Fire Facilities) for FY 2024/25, contingent upon the approval of the FY 2024/25 Budget. A copy of this agreement is available in the City Clerk’s Office. FISCAL IMPACT: The Proposed FY 2024/25 Budget includes $917,860 for Park Mowing and Facility Landscape Maintenance in various general and special funds. The funding breakdown is shown in the following table: Account Funding Source Amount 1001318-5300 Streets Maintenance $57,750 1001319-5300 Park Maintenance $311,050 1131303-5300 LMD 2 $119,830 1133320-5300 LMD 3B (Metrolink)$58,670 1134303-5300 LMD 4R $103,850 1137303-5300 LMD 7 19,960 1139303-5300 LMD 9 31,150 1140303-5300 LMD 10 11,500 1868203-5300 CFD 2000-03 74,100 3281529-5300 Fire Facilities $130,000 The contract spending limit of $1,107,360 includes a contingency of $144,440 ($124,100 for City Facilities and $20,340 for Fire Facilities) for unforeseen work resulting from wind events or other emergencies. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s core values of promoting and enhancing a safe and healthy community for all, while providing high quality outdoor spaces. ATTACHMENTS: None. Page 64 DATE:June 5, 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 Trina Valdez, Utilities Operations Supervisor SUBJECT:Consideration of Amendment No. 11 to the Agreement with Pacific Utility Installation, Inc. (Contract No. 19-085), Amendment No. 05 to the Agreement with International Line Builders, Inc. (Contract No. 19-086) and Amendment No. 03 to the Agreement with Henkels & McCoy West, Inc. (Contract No. 19-148) for a Two-Year Renewal for High Voltage Electrical Support and Related Infrastructure. (CITY) RECOMMENDATION: Staff recommends the City Council approve and authorize: 1. Amendment No. 11 to the Agreement (CO19-085) with Pacific Utility Installation, Inc. to renew the contract for two-years in the amount of $120,000 per year; 2. Amendment No. 05 to the Agreement (CO19-086) with International Line Builders, Inc. to renew the contract for two-years in the amount of $120,000 per year; and 3. Amendment No. 03 to the Agreement (CO19-148) with Henkels & McCoy West, Inc. to renew the contract for two-years in the amount of $120,000 per year. BACKGROUND: The City of Rancho Cucamonga pre-qualified and entered into Agreements for High Voltage Electrical Support and Related Infrastructure to provide on-call/routine operation and maintenance, emergency response support, as well as necessary high voltage electric distribution construction related to the Rancho Cucamonga Municipal Utility (RCMU). This includes having a sufficient number of specialized electrical contractors on hand to assist RCMU when it is required. On June 19, 2019, City Council approved agreements with Pacific Utility Installation, Inc. (PUI) (CO19-085), International Line Builders, Inc. (ILB) (CO19-086) and Henkels & McCoy West, Inc. (H&M) (CO19-148) to provide these services for a seven-year term. This would be the last two- year renewal for the contract terms. ANALYSIS: As RCMU continues to maintain its existing infrastructure, add new equipment, and extend the service area, the need for specialized utility standard construction, operation, maintenance and emergency services are required to continue providing reliable and dependable electric service within the RCMU service area. Line extension projects are planned based on system needs as well as to address opportunities to serve new developments. For each line extension project, staff requests cost proposals from each of the pre-qualified contractors and recommends award of the line extension work through an amendment to the base contract. Page 65 Page 2 2 3 5 9 Given the extensive knowledge and expertise PUI, ILB and H&M have of high voltage construction and RCMU infrastructure, it is recommended that the City continue to utilize their services for on- call/routine service, response support and as needed for high voltage electric distribution construction. A copy of Amendment No. 11 for PUI, Amendment No. 05 for ILB, and Amendment No. 03 for H&M are available in the City Clerk’s office. FISCAL IMPACT: Funds from the Municipal Utility Fund (Fund 705) for Contract Services in account number 1705303-5309 and Capital Outlay in account number 1705303-5603 have been included in the proposed Fiscal year 2024/25 Budget. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s Core Value for promoting and enhancing a safe and healthy community for all by ensuring that public infrastructure is well-maintained. ATTACHMENTS: None. Page 66 DATE:June 5, 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 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 Lemon Avenue Pavement Rehabilitation Project. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Accept the Lemon Avenue Pavement Rehabilitation Project, Contract No. 2023-075 (Project), as complete; 2. Approve the final contract amount of $800,744; 3. Authorize the release of the Faithful Performance Bond 35 days after recordation of Notice of Completion and accept a Maintenance Guarantee Bond; 4. Authorize the release of the Labor and Materials Bond in the amount of $738,285, six (6) months after the recordation of said notice if no claims have been received; 5. Authorize the City Engineer to file a Notice of Completion and release of the Project retention, 35 days after recordation of Notice of Completion and; 6. Authorize the City Engineer to approve the release of the Maintenance Bond one (1) year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: On June 21, 2023, the City Council awarded a construction contract to Sequel Contractors, Inc., in the amount of $738,285 plus 10% contingency in the amount of $73,830 to address unforeseen construction related incidentals. A copy of the June 21, 2023, City Council staff report is on file with the City Clerk. A vicinity map is included as Attachment 1. The scope of work consisted of cold milling, routing and crack sealing, asphalt rubber hot mix overlay, adjusting existing manholes, clean-outs, water meters and valves to new grade, installation of pavement markers, signage, striping, upgrading existing curb ramps to comply with new ADA regulations, thermoplastic striping, Rectangular Rapid Flashing Beacons (RRFB), and other related items of work per plans. Page 67 Page 2 2 3 5 6 ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The net increase in the total cost of the Project is a result of one (1) Change Order, the final balancing statement, which is summarized below: Change Order No.1: The balancing statement for the Project. The balancing statement conforms the final contract quantities to the actual quantities placed or constructed during the contract. The notable change is an increase in the amount of $62,459 resulting from an increase of Asphalt Rubber Hot Mix in the final quantities placed under 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 $875,320 was available for the Lemon Avenue Pavement Rehabilitation Project. The total funding for this Project is identified under Capital Improvement Project account number and in the amount listed below: Account No.Funding Source Description Amount 11773035650/2098177-0 Measure I Fund (177)Lemon Avenue Project $875,320 Total Project Funding $875,320 The final Project cost total $862,284 as shown below: Expenditure Amount Final Construction Contract $800,744 Construction Inspection Services $44,480 Construction Materials Testing $17,060 Total Project Cost $862,284 An amount of $13,036 remains in the budget for this Project and will be returned to the Measure I (Fund 177) fund balances 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 Page 68 ATTACHMENT 1 PROJECT# 800-2023-04 " LEMON AVENUE PAVEMENT REHABILITATION PROJECT” From Haven Avenue to Marbella Drive NOT TO SCALE Project Site Project Site Page 69 DATE:June 5, 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 Cesar Guevara, Associate Engineer SUBJECT:Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention, and Bonds for the Banyan Street Pavement Rehabilitation Project. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Accept the Banyan Street Pavement Rehabilitation Project, Contract No. 2023-094 (Project), as complete; 2. Approve the final contract amount of $1,756,276.34; 3. Authorize the release of the Faithful Performance Bond 35 days after recordation of Notice of Completion and accept a Maintenance Guarantee Bond; 4. Authorize the release of the Labor and Materials Bond in the amount of $1,729,088.15, six (6) months after the recordation of said notice if no claims have been received; 5. Authorize the City Engineer to file a Notice of Completion and release of the Project retention, 35 days after recordation of Notice of Completion; and 6. Authorize the City Engineer to approve the release of the Maintenance Bond one (1) year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: On June 21, 2023, the City Council awarded a construction contract to Sequel Contractors, Inc., in the amount of $1,729,088, plus 10% contingency in the amount of $173,000 to address unforeseen construction related incidentals. A copy of the June 21, 2023, City Council staff report is on file with the City Clerk. A vicinity map is included as Attachment 1. The scope of work for the Project consisted of the construction of a green bike lane, upgrades to all existing ramps and pedestrian push buttons to comply with the new ADA regulations, weed kill, routing and crack sealing, asphalt cold milling, asphalt rubber hot mix overlay, adjusting of existing manholes and valves to new grade, restriping, installation of new raised pavement markers, and video detection systems at Fredericksburg and Milliken Avenue. Rectangular rapid Page 70 Page 2 2 3 5 2 flashing beacons were also installed at the existing crosswalk south of Los Osos High School. ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. There was a net increase of $29,088 in the total cost of the Project as a result of two (2) Contract Change Orders, including the final balancing statement. The Change Orders are summarized below: Change Order No. 1: Construction of an additional Portland Cement Concrete (PCC) Access Ramp at the northwest corner of Banyan Street and Rochester Avenue. The change in contract cost due to this change order is an increase of $8,000. Change Order No. 2: The balancing statement for the Project. The balancing statement conforms the final contract quantities to the actual quantities placed or constructed during the contract. The notable change is an increase in the amount of $21,088.19 resulting from an increase of Asphalt Rubber Hot Mix in the final quantities placed under contract. At the end of the one-year maintenance period, if the improvements remain free from defects in material and workmanship, the City Clerk will release the Maintenance Bond upon approval by the City Engineer. FISCAL IMPACT: A total of $1,060,000 was originally budgeted in Fiscal Year 2022/23 from the Measure I Fund (Fund 177), and Road Maintenance and Rehabilitation Fund (Fund 179). At the time of contract award, an additional appropriation of $925,750 was requested and approved from the Road Maintenance and Rehabilitation Account (RMRA) (Fund 179) to cover the remaining cost of the Project. Funds are identified under Capital Improvement Project account numbers and in the amount listed below: Account No.Funding Source Project Amount 11773035650/2033177-0 Measure I (Fund 177) Banyan Street Project $360,000 11793035650/2033179-0 RMRA (Fund 179)Banyan Street Project $700,000 Appropriation Request 11793035650/2033179-0 RMRA (Fund 179)Banyan Street Project $925,750 Total Project Funding =$1,985,750 At the time a purchase order was to be issued, it was determined by staff that there were insufficient funds in the Measure I Fund (Fund 177) budget for the Project. Due to this oversight, there was a need to shift the total budget for the Project into the RMRA Fund (Fund 179) where there was sufficient balance available to cover the total Project cost. The amended budget for the Project is as follows: Account No.Funding Source Project Amount 11793035650/2033179-0 RMRA (Fund 179)Banyan Street Project $1,985,750 Total Project Funding =$1,985,750 Page 71 Page 3 2 3 5 2 The final Project cost for construction is $1,837,598.24 as shown below: A total of $148,151.76 remains in the budget for the Project and will be returned to the RMRA (Fund 179) fund balances to be used for future Capital Improvement Projects. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council's Core Values by ensuring the construction of high-quality public improvements that promote success as a world class community. ATTACHMENTS: Attachment 1 - Vicinity Map Expenditure Amount Final Construction Contract $1,756,276.34 Construction Inspection Services $55,638.00 Construction Material’s Testing $25,683.90 Total Project Cost $1,837,598.24 Page 72 ATTACHMENT 1 PROJECT# 800-2023-07 BANYAN STREET PAVEMENT REHABILITATION VICINITY MAP NOT TO SCALE Project Site Banyan Street Project Haven Avenue to Rochester Avenue Page 73 DATE:June 5, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Noah Daniels, Finance Director Kelly Guerra, Special Districts Analyst SUBJECT:Consideration of Approval of Resolutions for the Landscape Maintenance Districts, Street Lighting Maintenance Districts, and Park and Recreation Improvement District as follows: (1) Resolutions Ordering the Preparation of the Annual Engineer’s Reports; (2) Resolutions Approving the Preliminary Annual Engineer’s Reports; (3) Resolutions of Intention to Levy Annual Assessments and Sets the Time and Place for a Public Hearing for Each. (RESOLUTION NOS. 2024-044 TO 2024-052) (CITY) RECOMMENDATION: Staff recommends the City Council take the following actions for Landscape Maintenance District (LMD) Nos. 1, 2, 3B, 4-R, 6-R, 7, 8, 9, and 10; Street Lighting Maintenance District (SLD) Nos. 1, 2, 3, 4, 5, 6, 7, and 8; and Park and Recreation Improvement District No. 85 (PD-85) (collectively, the “Districts”): 1. Adopt Resolutions Ordering the Preparation of the Annual Engineer’s Reports; 2. Adopt Resolutions Approving the Preliminary Annual Engineer’s Reports; 3. Adopt Resolutions of Intention to Levy Annual Assessments and Sets a Public Hearing for July 17, 2024. BACKGROUND: The City of Rancho Cucamonga oversees the management of the Districts, which involves determining the annual assessment rates that property owners must pay for the maintenance and operations of the parks and landscaping within each District, such as maintaining turf, ground cover, landscape lighting, irrigation systems, graffiti removal, hardscapes, playground, and related facilities, and providing street lighting coverage, operation of street lights, traffic signals, and associated facilities, throughout the city. Each District maintains specific improvements per its boundaries, while PD-85 was established to provide for the City’s two largest parks, Heritage Community Park and Red Hill Community Park. Property owners pay these assessments based on the Districts in which they live or own property. Without the assessments, funding wouldn’t exist to provide maintenance or services to the community, and the financial burden would be directed to the City’s General Fund resources, which would take away resources from other services offered to the community. Property owners pay the annual assessment through their property tax bills, but it is separate from the general levy of property tax. Page 74 Page 2 2 3 6 5 Each year, the City Council is recommended to adopt three resolutions for the LMDs, SLDs, and PD-85, each that together perform the following steps as set by the Landscape and Lighting Act of 1972: 1. The City Council initiates the creation of the Annual Engineer’s Report. 2. The City Council reviews and accepts the preliminary Annual Engineer’s Report. 3. The City Council announces its intention to levy annual assessments and sets a date and location for a public hearing. If adopted, the City Council will conduct a public hearing on July 17, 2024, and following the public hearing, the City Council may pass a resolution confirming the assessment levy as recommended. Once this resolution is officially adopted, the Districts will be reaffirmed for the upcoming fiscal year, and the assessments will be added to the San Bernardino County tax rolls before the August deadline. These assessments will appear as a separate item on each parcel’s property tax bill. The recommended rates were developed as part of the Fiscal Year 2024/25 budget process and are included in each District's projected revenues. ANALYSIS: Each District within the City has its distinct improvements based on its boundaries and the community it serves. It is important to note that each District’s assessment rate must adhere to the maximum allowable rate as mandated by state law. To ensure the financial viability of each District, the City’s staff conducts an annual financial analysis. This analysis considers the current operational requirements as well as the anticipated needs for future capital replacements within each District. During the budget process, the City staff evaluates each District’s financial situation and provides a recommendation for assessment rates to the City Council. The recommended rates are designed to align with the operational and capital needs of each District for the upcoming Fiscal Year 2024/25. As such, the recommended assessment rates are based on various factors, including inflation, the rising costs associated with providing services, and the need to secure funding for necessary capital expenditures. City staff recommends increases to some districts to ensure that sufficient funds are available to cover the increasing costs of maintaining and operating them. Specifically, costs associated with providing services such as park maintenance, landscaping, and street lighting have increased due to labor costs, materials, and rising utility rates. Moreover, staff recommends increasing rates when necessary to ensure funding is set aside for future capital expenditures, which is essential for the long-term sustainability of the Districts. In addition to the revenue from the assessments, another revenue source from certain districts is transfers of funds from the City’s General Fund. Those transfers come in two forms: mandated contributions per the engineer’s report for the portion that is considered a general benefit to the community or per the City’s General Fund Subsidy to Special District Policy. The former is legally required and is determined per Proposition 218 provisions. For the City, the only District that has a mandated contribution from the City’s General Fund is LMD 2,of which the general benefit portion is 8.62% of the operational expenditures. For the Fiscal Year 2024/25, LMD 2 is budgeted to receive $370,940 from the General Fund. Page 75 Page 3 2 3 6 5 LMD 2 was originally formed in when the Victoria area was developed in the 1990’s. At that time, the law did not require a specific general benefit calculation and apportionment. Subsequently, when the City took LMD 2,4 and 6 to a vote in the early 2000’s, to include an inflator to allow assessments to keep pace with rising costs, the law still did not require a specific general benefit calculation and apportionment. During those respective elections, LMD 2 was voted down by the residents, and LMD 4 and 6 were approved. The two measures that passed were renamed LMD 4R and 6R. Following the election, services were reduced in LMD 2. At the same time, the California Courts began reviewing and series of cases between 2009 and 2013 which pertained to the general benefit requirement. Ultimately, the Courts determined new LMD measures had to include a specific general benefit calculation by land use category. When LMD 2 was put back in front of the voters, following those court cases, it was approved and thus contains a legally mandated general benefit subsidy from the General Fund. In 2016 the City took Measure A for LMD 1 and PD 85, to create new districts with an inflator, to the voters. That measure also contained a minimum legally required general fund subsidy in the amount of 11%, but it was voted down overwhelmingly by the voters. Subsequently, the City determined that to subsidize only one district, even if legally required, but not provide a similar equitable amount of funding to other districts, would be impractical and illogical. Thus, the General Fund Subsidty to Special Districts Policy was developed. This policy provides for contributions from the General Fund where required by law, or where no other practical solution exists. It has been utilized to provide a funding subsidy to the existing Street Light Districts (SLDs) as new SLDs are practically speaking impossible to create and get voter approval for on existing street lights. It also helps provide an equitable General Fund subsidy to all landscape districts, if needed because the District is at the maximum allowable assessment, provided the general benefit equivalent does not exceed 11% of the adjusted total budget. T hat 11% factor is meant to provide equity with the east side planned communities; however, the actual subsidy factor is determined through the annual budget process and might be less than 11% based on the financial needs of the District or more than 11% when the necessary financial resources exceed that threshold. As a note, other districts that have had ballot measures, including LMD 4-R, 6-R, and 8, since Proposition 218 was established, do not have mandated contributions from the City’s General Fund because when they went to election, the case law was under review by the courts and a final decision including direction and a formula to calculate general benefit was not yet in place. The following LMDs and PD-85 are recommended to receive subsidies in Fiscal Year 2024/25 as part of the budget approval process: •LMD 1: A contribution of $68,190, or 5% of the operating expenditures. LMD 1 will also receive $115,510 for operational expenditures and $36,650 for capital replacement from Community Facilities District No. 2018-01, The Resort at Empire Lakes. •LMD 6-R: A contribution of $39,540, or 7% of the operating expenditures. The voters of LMD 6-R have approved an annual assessment rate escalator tied to the consumer price index, which slightly reduces the financial burden from the General Fund. •PD-85: A contribution of $117,420, allocated as $33,130 for the operations of Red Hill and Heritage Parks, or 3% of operating expenditures, or and $84,290 for the Red Hill Water Feature, or 100% of the operating expenditures for that community-wide improvement. PD-85 will also receive $42,970 for operational expenditures and $43,920 for capital replacement from Community Facilities District No. 2018-01, The Resort at Empire Lakes. The following SLDs will receive subsidies in Fiscal Year 2024/25. For SLDs, the subsidy may Page 76 Page 4 2 3 6 5 exceed 11%, as previously stated, because service levels cannot be reduced as they can for LMDs. As such, transfers from the City’s General Fund are budgeted only to the extent needed to eliminate any funding deficit or insufficient reserves. However, with the formation of Community Facilities District No. 2022-01, Street Lighting Services, the new development will provide additional funding to SLDs, which, over an extended period, should reduce the financial burden on the City’s General Fund. •SLD 2: A contribution of $70,200, or 13% of the operating expenditures. SLD 2 will also receive $66,180 from Community Facilities District No. 2018-01, the Resort at Empire Lakes, and $20,360 from Community Facilities District No. 2022-01, Street Lighting Services. •SLD 5: A contribution of $22,040, or 41% of the operating expenditures, due to the negative fund balance. •SLD 7: A contribution of $30,490, or 19% of the operating expenditures. Incorporating the above analysis of transfers from the City’s General Fund, the following is an additional analysis for consideration about the recommended assessment rates for the Fiscal Year 2024/25: •Due to changes in State law with Proposition 218, the City cannot increase assessment rates without voter approval for certain Districts. These Districts include LMD 1, LMD 7, LMD 8, SLDs 1 to 7, and PD-85. In these cases, services are reduced where feasible to lower operating costs, or capital projects are deferred in order to keep the District from being in a deficit. As indicated above, some of these Districts receive funding from the City’s General Fund in the form of General Benefit Equivalent to support operations. As previously mentioned, that funding is approved by the City Council per City policy. •No changes are recommended for the assessment rates in LMD 3B, LMD 9, and SLD 8, as staff has determined that the current rates are sufficient to meet the operational needs of these Districts. •A 5% increase is recommended for LMD 2, from $544.82 to $572.06, which is below the maximum allowable rate of $596.32. This increase is necessary to cover rising operational costs, and fund planned capital improvement projects, including sidewalk repairs at Victoria Park Lane, trail renovations, lighting repairs and upgrades at Victoria Arbors Park, and the continuation of drought-tolerant landscaping installation. •A 5% increase is recommended for LMD 4-R, from $417.01 to $437.86 per single-family residence, also below the maximum allowable rate of $531.67. This increase is required to address increased operational costs and support capital improvement projects, including sidewalk repairs, playground replacement at Mountain View Park, and the continuation of drought-tolerant landscaping installation. •A 2.88% increase is recommended for LMD 6-R, from $490.21 to $504.32 per single- family residence, which is the maximum increase allowable. As such, LMD 6-R receives a General Benefit Equivalent of $39,540 from the City’s General Fund. •A 5% increase is recommended for LMD 10, from $845.17 to $887.43 per single-family residence, remaining below the maximum allowable rate of $1,100.54. This increase is necessary to cover increased operational costs, and fund planned capital improvement projects, including the renovation of the tennis court at Day Creek Park and smart irrigation controllers for more efficient water management. The table below displays the maximum assessment rate, the current assessment rate, and the recommended assessment rate for Fiscal Year 2024/25. Page 77 Page 5 2 3 6 5 District Maximum Assessment Rate Current Assessment Rate Recommended Assessment Rate (FY 2024/25)Notes LMD 1 (General City)$92.21 $92.21 $92.21 A rate increase would require voter approval. LMD 2 (Victoria Neighborhoods Parks) $596.42 $544.82 $572.06 Recommend a 5.0% increase to reflect inflation costs and planned capital improvement projects. LMD 3B (Commercial Industrial) $352.80 $282.24 $282.24 No change is recommended. LMD 4-R (Terra Vista Planned Community) $531.67 $417.01 $437.86 Recommend a 5.0% increase to reflect inflation costs and planned capital improvement projects. LMD 6-R (Caryn Planned Community) $504.32 $490.21 $504.32 Recommend a 2.88% increase for the operating financial gap. Note that LMD 6-R receives a subsidy from the General Fund. LMD 7 (North Etiwanda)$307.05 $307.05 $307.05 A rate increase would require voter approval. LMD 8 (South Etiwanda)$151.45 $151.45 $151.45 A rate increase would require voter approval. LMD 9 (Lower Etiwanda)$723.93 $311.92 $311.92 No change is recommended. LMD 10 (Rancho Etiwanda) $1,114.00 $845.17 $887.43 Recommend a 5.0% increase to reflect inflation costs and planned capital projects. SLD 1 (Arterials)$17.77 $17.77 $17.77 A rate increase would require voter approval. SLD 2 (Local Streets)$39.97 $39.97 $39.97 A rate increase would require voter approval. SLD 3 (Victoria Planned Community) $47.15 $47.15 $47.15 A rate increase would require voter approval. SLD 4 (Terra Vista Planned Community) $28.96 $28.96 $28.96 A rate increase would require voter approval. SLD 5 (Caryn Planned Community) $34.60 $34.60 $34.60 A rate increase would require voter approval. SLD 6 (Commercial Industrial) $51.40 $51.40 $51.40 A rate increase would require voter approval. SLD 7 (North Etiwanda)$33.32 $33.32 $33.32 A rate increase would require voter approval. Page 78 Page 6 2 3 6 5 District Maximum Assessment Rate Current Assessment Rate Recommended Assessment Rate (FY 2024/25)Notes SLD 8 (South Etiwanda)$193.75 $30.60 $30.60 No change is recommended. PD-85 (Red Hill and Heritage Parks) $31.00 $31.00 $31.00 A rate increase would require voter approval. FISCAL IMPACT: Assessment revenues collected for each District are dedicated to its maintenance, operations, and capital improvements. As previously stated, each District covers the costs of maintenance that benefit the community's property owners. Without these Districts’ assessments, without the assessment funding that the District provides, the financial burden of maintaining those specific improvements would be the responsibility of the City's general tax dollars, and the City's General Fund would not be able to provide as vigorous and well-rounded services as it does. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s core value of providing and nurturing a high quality of life for all by ensuring the City can provide services for parks and landscaping, which beautify the City and provide a means of recreation and leisure. It also emphasizes the City Council actively seeking and considering public input by ensuring these reports are available for the public and scheduling a public hearing on July 17, 2024. ATTACHMENTS: Attachment 1 - Preliminary Engineer’s Report LMD 1 Attachment 2 - Preliminary Engineer’s Report LMD 2 Attachment 3 - Preliminary Engineer’s Report LMD 3B Attachment 4 - Preliminary Engineer’s Report LMD 4-R Attachment 5 - Preliminary Engineer’s Report LMD 6-R Attachment 6 - Preliminary Engineer’s Report LMD 7 Attachment 7 - Preliminary Engineer’s Report LMD 8 Attachment 8 - Preliminary Engineer’s Report LMD 9 Attachment 9 - Preliminary Engineer’s Report LMD 10 Attachment 10 - Preliminary Engineer’s Report SLD 1 Attachment 11 - Preliminary Engineer’s Report SLD 2 Attachment 12 - Preliminary Engineer’s Report SLD 3 Attachment 13 - Preliminary Engineer’s Report SLD 4 Attachment 14 - Preliminary Engineer’s Report SLD 5 Attachment 15 - Preliminary Engineer’s Report SLD 6 Attachment 16 - Preliminary Engineer’s Report SLD 7 Attachment 17 - Preliminary Engineer’s Report SLD 8 Attachment 18 - Preliminary Engineer’s Report PD-85 Attachment 19 - Resolution LMD Preparation of Engineer’s Report Attachment 20 - Resolution LMD Approving Preliminary Annual Engineer’s Report Attachment 21 - Resolution LMD Declare Intention to Levy Assessment & Set Pub Hearing Attachment 22 - Resolution SLD Preparation of Engineer’s Report Attachment 23 - Resolution SLD Approving Preliminary Annual Engineer’s Report Attachment 24 - Resolution SLD Declare Intention to Levy Assessment & Set Pub Hearing Attachment 25 - Resolution PD-85 Preparation of Engineer’s Report Page 79 Page 7 2 3 6 5 Attachment 26 - Resolution PD-85 Approving Preliminary Annual Engineer’s Report Attachment 27 - Resolution PD-85 Declare Intention to Levy Assessment & Set Pub Hearing Page 80 ATTACHMENT 1 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Landscape Maintenance District No. 1 (General City) Page 81 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 82 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 20 ESTIMATE OF COSTS 21 District Budget 22 Definitions of Budget Items 24 METHOD OF ASSESSMENT 25 Overview 25 General Benefit 26 Special Benefit 26 Method of Assessment Spread 27 ASSESSMENT DIAGRAM 28 ASSESSMENT ROLL AND ANNEXATIONS 30 Assessment Roll 30 Annexations 30 Page 83 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024, the City Council of Rancho Cucamonga (the “City”), under the Landscape and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 1 (General City) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Personnel Services 80,600$ Operations and Maintenance 1,456,040 Capital Expenditures 205,200 Transfer Out 90,000 Total Expenditures Budget 1,831,840 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 1,269,210 Anticipated Prior Year Delinquencies Collection 12,220 Subtotal - Taxes 1,281,430 Other Revenues 53,820 Transfer In 310,350 Total Revenues Budget 1,645,600 Contribution to/(Use of) Fund Balance (186,240)$ Total District EBU Count 13,763.67 Actual Assessment per EBU 92.21$ Maximum Allowable Assement per EBU 92.21$ Page 84 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 85 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include, but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Re port, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon Page 86 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 4 Fiscal Year 2024/25 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing, must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City which is not located within the City's planned development communities. The District is made up of various landscaped sites throughout the City. As such, the parcels within the District do not represent a distinct district area as do the other landscape maintenance districts within the City. Typically parcels have been annexed to the District as they have developed. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and Page 87 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 5 Fiscal Year 2024/25 replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park. Site # Descriptive Location A-1 The north and south side of Wilson Ave from Hellman Ave to Amethyst Ave. Ground Cover area: 22,982 square feet Hardscape area: 5,694 square feet A-2 The east side of Hellman Ave from 326 feet south of Pepperidge Ln to 73 feet north of Pepperidge Ln. Ground Cover area: 5,810 square feet Hardscape area: 1,600 square feet A-3 The south side of 19th St from 62 feet east of Mayberry Ave to 173 feet east of Mayberry Ave. Ground Cover area: 1,680 square feet Hardscape area: 440 square feet A-4 The south side of Wilson Ave from Amethyst Ave to Archibald Ave; the planters and cutouts on the west side of Archibald Ave from Wilson Ave to 105 feet south of Cottonwood Way. Ground Cover area: 5,625 square feet A-5 The north and south side of Diamond Ave from Klusman Ave to Diamond Ave. Ground Cover area: 3,143 square feet Hardscape area: 1,864 square feet A-6 The parkway on the north side of Wilson Ave from 348 feet east of Morning Canyon Way to Alder Ridge Pl. Ground Cover area: 5,700 square feet Hardscape area: 4,760 square feet Page 88 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 6 Fiscal Year 2024/25 A-7 The cutouts and vines on the south side of Wilson Ave from the Alta Loma Channel to 240 feet east of Zapata Pl. Ground Cover area: 911 square feet A-8 The east side of Broken Star Ct from 80 feet south of Highland Ave to Highland Ave; the north side of Highland Ave from Amethyst Ave to Broken Star Ct including wood chip area north of sidewalk, the south side of Highland Ave from Broken Star Ct to Amethyst Ave; the west side of Amethyst Ave from 140 feet south of Highland Ave to 265 feet south of Highland Ave. Ground Cover area: 6,545 square feet Hardscape area: 2,554 square feet Mulchscape area: 14,005 square feet A-9 The south side of Highland Ave from Hellman Ave to Broken Star Ct. Ground Cover area: 7,865 square feet A-10 The south side of 19th St from 170 feet west of Pilgrim Ct to 167 feet east of Pilgrim Ct. Ground Cover area: 1,808 square feet Hardscape area: 1,084 square feet A-11 The east side of Amethyst Ave from Lemon Ave to 230 feet north of Apricot Ave. Ground Cover area: 2,115 square feet Hardscape area: 3,438 square feet A-12 The west side of Sapphire St from 710 feet north of Hillside Rd to Hillside Rd. Ground Cover area: 4,500 square feet A-13 The south side of Victoria St from 110 feet west of London Ave to Ramona Ave. Ground Cover area: 2,705 square feet Hardscape area: 3,480 square feet A-14 The west side of Archibald Ave from 273 feet north of La Gloria Dr to Lemon Ave; the La Gloria Dr median from Archibald Ave to Jadeite Ave ; the north and south side of La Gloria Dr from Archibald Ave to 53 feet east of Jadeite Ave; the north side of Lemon Ave from Archibald Ave to 55 feet east of Klusman Ave. Ground Cover area: 12,880 square feet Hardscape area: 12,030 square feet Page 89 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 7 Fiscal Year 2024/25 A-15 The planters and cutouts on the east side of Archibald Ave from 610 feet south of Cottonwood Way to Wilson Ave; the south side of Wilson Ave from Archibald Ave to Alta Loma Channel. Ground Cover area: 2,110 square feet A-16 The cutouts and planters on the east side of Archibald Ave from Banyan St to 190 feet north of Sunflower St. Ground Cover area: 1,580 square feet A-17 The cutouts and planters on the west side of Archibald Ave from 225 feet south of Wilson Ave to Banyan St. Ground Cover area: 2,362 square feet A-18 The cutouts and planters on the north side of Banyan St from Jadeite Ave to 410 feet west of Jadeite Ave . Ground Cover area: 216 square feet A-19 The cutouts and planters on the east side of Amethyst Ave from 192 feet south of Sunflower St to Manzanita Dr. Ground Cover area: 4,325 square feet A-20 The west side of Archibald Ave from 210 feet north of La Colina Dr to 230 feet south of Almond St; the south side of La Colina Dr from Archibald Ave to Jadeite Ave . Ground Cover area: 17,120 square feet A-21 The planter adjacent to the equestrian trail from Riverwood Pl to Raspberry Pl north of the County flood retention basin that is west of Chaffey College. Ground Cover area: 22,832 square feet A-22 The west side of Haven Ave from Carrari St to Vista Grove St. Ground Cover area: 4,572 square feet A-23 The west side of Haven Ave from 434 feet north of Manzanita Dr to 258 feet south of Manzanita Dr. Ground Cover area: 54,258 square feet Hardscape area: 4,581 square feet A-24 The south side of 19th St from 286 feet east of Amethyst Ave to 166 feet west of Klusman Ave. Ground Cover area: 5,904 square feet Hardscape area: 2,938 square feet Page 90 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 8 Fiscal Year 2024/25 A-25 The equestrian trail and planters on the east side of Hermosa Ave from 421 feet south of Whispering Forest Dr to Sun Valley Dr. Ground Cover area: 17,529 square feet A-26 The west side of Haven Ave from 630 feet north of Wilson Ave to Wilson Ave; the parkway on the north side of Wilson Ave from Haven Ave to Mayberry Ave; the parkway on the east side of Mayberry Ave from Wilson Ave to 382 feet north of Poplar St, and the east and west side of Cartilla Ave from Wilson Ave to Poplar St. Ground Cover area: 10,243 square feet Mulchscape area: 25,297 square feet A-27 The north side of 19th St from Mayberry Ave to 93 feet east of Castle Gate Pl. Ground Cover area: 5,145 square feet Hardscape area: 2,870 square feet A-28 The east side of Hermosa Ave from 360 feet south of Manzanita Dr to Manzanita Dr, and the south side of Manzanita Dr from Hermosa Ave to Raspberry Pl. Ground Cover area: 7,421 square feet Hardscape area: 4,712 square feet A-29 The south side of Wilson Ave from 240 feet west of Timbermist Pl to Hermosa Ave; the west side of Hermosa Ave from Wilson Ave to 213 feet south of Oakgrove Dr. Ground Cover area: 11,184 square feet A-30 Site was removed from contract and water service cancelled January 1, 2017. A-31 The south side of Lemon Ave from London Ave to Calle Hermoso. Ground Cover area: 4,404 square feet Hardscape area: 1,800 square feet A-32 The north side of Lemon Ave from the Alta Loma Channel to London Ave; the east side of London Ave from Lemon Ave to Cypress Ct. Ground Cover area: 4,463 square feet Hardscape area: 3,375 square feet A-33 The parkway on the east side of London Ave from 158 feet north of Banyan St to 310 feet north of Banyan St. Ground Cover area: 1,029 square feet Hardscape area: 1,160 square feet Page 91 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 9 Fiscal Year 2024/25 A-34 The south side of Alta Loma Dr from Mayberry Ave to Revere Ave. Ground Cover area: 2,772 square feet A-35 The west side of Hermosa Ave from Lemon Ave to 125 feet north of Highland Ave, the parkway on the south side of Lemon Ave from 621 feet west of Hermosa Ave to Hermosa Ave. Ground Cover area: 10,494 square feet Hardscape area: 9,207 square feet Mulchscape area: 2,370 square feet A-36 The south side of Lemon Ave from 385 feet west of Mayberry Ave to Cartilla Ave. Ground Cover area: 4,850 square feet Hardscape area: 4,915 square feet A-37 The south side of Hillside Rd north and south of the equestrian trail from Beryl St to 203 feet east of Eastwood Ave. Ground Cover area: 4,900 square feet A-38 The median in the 9200 block of Monte Vista St. Ground Cover area: 500 square feet Hardscape area: 1,380 square feet A-39 The south side of Almond St from Henry St to Sapphire St. The west side of Sapphire St from Almond St to 255 feet south of Bella Vista Dr. Ground Cover area: 6,926 square feet A-40 The parkway on the east side of Jasper St from Hunter Dr to Highland Ave. The parkway on the south side of Highland Ave from Jasper St to Carnelian St. The west side of Carnelian St from Highland Ave to 210 feet south of Highland Ave. Ground Cover area: 14,858 square feet Hardscape area: 6,040 square feet A-41 The west side of Sapphire St from 236 feet north of Thoroughbred St to Banyan St. Ground Cover area: 1,784 square feet Hardscape area: 812 square feet A-42 The parkway on the west side of Beryl St from 132 feet north of Sunflower St to Banyan St. Ground Cover area: 4,735 square feet Hardscape area: 5,772 square feet Page 92 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 10 Fiscal Year 2024/25 A-43 The north side of Base Line Rd from Topaz St to the Cucamonga Creek Channel. Ground Cover area: 4,563 square feet Hardscape area: 1,890 square feet A-44 The cutouts on the west side of Sapphire St from Banyan St to Marble Ave. Ground Cover area: 7,300 square feet A-45 The mainline for this site was connected to A-46 on September 8, 1999. A-46 The south side of Banyan St from Northstar Pl to Zircon Ave. Ground Cover area: 7,448 square feet Hardscape area: 7,890 square feet A-47 The cutouts and vines on the north side of Banyan St from 180 feet east of Zircon Ave to 186 feet west of Vineyard Ave. Ground Cover area: 1,300 square feet A-48 The parkway on the west side of Beryl St from 452 feet north of Cielito St; 158 feet south of Cielito St and the easement between 9063 and 9073 Cielito St from Cielito St to 170 feet south of Cielito St. Ground Cover area: 6,916 square feet Hardscape area: 2,440 square feet A-49 The east side of Carnelian St from 662 feet south of Banyan St to Banyan St; the south side of Banyan St from Carnelian St to Northstar Pl. Ground Cover area: 5,906 square feet Hardscape area: 6,972 square feet A-50 The north side of Almond St from Sapphire St to Crestview Pl; the east and west side of Skyline Rd from Almond St to 595 feet north of Almond St. Ground Cover area: 17,600 square feet Hardscape area: 8,680 square feet A-51 The planter adjacent to the equestrian trail; from Haven Ave to Riverwood Pl, north of County flood retention basin, west of Chaffey College. The west side of Haven Ave from 400 feet north of Amber Ln to 270 feet south of Amber Ln, and the north and south side of Amber Ln from Haven Ave to San Felipe Ct. Ground Cover area: 37,977 square feet Hardscape area: 5,458 square feet Page 93 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 11 Fiscal Year 2024/25 A-52 The east side of Riverwood Pl, from 188 feet south of Charwood Ct to 193 feet north of Charwood Ct. Ground Cover area: 2,750 square feet Hardscape area: 1,698 square feet A-53 The west side of Jasper St from Hunter Dr to Highland Ave. The south side of Highland from Jasper St to 308 feet west of Sard St. The east and west side of Sard St from Highland Ave to Hunter Dr. Ground Cover area: 7,445 square feet Hardscape area: 4,740 square feet A-54 The west side of Beryl St from 233 feet north of Mignonette St to Mignonette St. Ground Cover area: 2,637 square feet Hardscape area: 932 square feet A-55 The north side of 19th St from Cartilla Ave to Mayberry Ave. The east side of Mayberry Ave from 19th St to Heather St. Ground Cover area: 8,410 square feet Hardscape area: 5,060 square feet A-56 The east side of Beryl St from 410 feet north of Wilson Ave to Wilson Ave. The north side of Wilson Ave from Beryl St to 731 feet west of Buckthorn Ave. The south side of Wilson Ave from Buckthorn Ave to Beryl St. Ground Cover area: 19,708 square feet Hardscape area: 5,436 square feet A-57 The east side of Hermosa Ave from 115 feet north of Coca St to 451 feet north of Coca St. The trail north of water retention basin from Hermosa Ave to 619 feet east of Hermosa Ave. Ground Cover area: 9,406 square feet Hardscape area: 6,794 square feet A-58 The west side of Haven Ave from 510 feet south of Victoria St to 1005 feet south of Victoria St. Ground Cover area: 7,301 square feet Hardscape area: 4,790 square feet A-59 The east side of Archibald Ave from 820 feet south of Lemon Ave to 448 feet south of Lemon Ave and continues from 275 feet south of Lemon Ave to 185 south of Lemon Ave. Ground Cover area: 4,777 square feet Hardscape area: 5,041 square feet Page 94 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 12 Fiscal Year 2024/25 A-60 The south side of Lemon Ave from 290 feet east of Archibald Ave to London Ave . The west side of London Ave from Lemon Ave to Orange St. Ground Cover area: 2,569 square feet Hardscape area: 4,122 square feet A-61 The north side of Carrari St from London Ave to Archibald Ave. Ground Cover area: 25,152 square feet Hardscape area: 1,698 square feet A-62 The east side of Archibald Ave from Carrari St to 505 feet north of Meadowood Dr. Ground Cover area: 8,626 square feet Hardscape area: 1,824 square feet A-63 The south side of Almond St from Carriage Rd to Almond St. Ground Cover area: 3,342 square feet Hardscape area: 3,600 square feet A-64 The east side of Beryl St from Cottonwood Way to Wilson Ave. The south side of Wilson Ave from Beryl St to 437 feet east of Beryl St. The north side of Wilson Ave from Cousins Pl to 474 feet east of Cousins Pl. Ground Cover area: 11,973 square feet Hardscape area: 9,949 square feet A-65 The east side of Archibald Ave from La Gloria Dr to 328 feet north of La Gloria Dr. Ground Cover area: 2,279 square feet Hardscape area: 2,411 square feet A-66 The east side of Hermosa Ave from Waterford Ln to 500 feet north of Waterford Ln . Ground Cover area: 4,695 square feet Hardscape area: 5,947 square feet A-67 The south side of 19th St from 220 feet east of Sapphire St to Via Serena. Ground Cover area: 3,208 square feet Hardscape area: 4,158 square feet A-68 The west side of Haven Ave from Hillside Rd to 783 feet south of Hillside Rd. Ground Cover area: 3,492 square feet A-69 The north side of Hillside Rd from 27 feet west of Mayberry Ave to 191 feet west of Mayberry Ave. Ground Cover area: 1,002 square feet Hardscape area: 1,605 square feet Page 95 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 13 Fiscal Year 2024/25 A-70 The south side of 19th St from 365 feet west of Amethyst Ave to Amethyst Ave. The west side of Amethyst Ave from 19th to Hedges Dr. Ground Cover area: 6,435 square feet Hardscape area: 7,015 square feet A-71 The west side of Archibald Ave from Hillside Rd to Wilson Ave. The north side of Wilson Ave, south of the trail fence area from Archibald Ave to 467 feet west of Archibald Ave. Ground Cover area: 9,265 square feet Hardscape area: 2,609 square feet A-72 The south side of Banyan St from 420 feet west of Archibald Ave to Archibald Ave. The west side of Archibald Ave from Banyan St to 389 feet south of Banyan St. Ground Cover area: 10,270 square feet Hardscape area: 6,673 square feet A-73 The west side of Beryl St from 300 feet north of San Simeon Dr to 130 feet north of San Simeon Dr. Ground Cover area: 1,200 square feet Hardscape area: 600 square feet A-74 The south side of Highland Ave from Beryl St to Hellman Ave. Ground Cover area: 11,603 square feet A-75 The south side of Highland Ave from Amethyst Ave to 612 feet east of Archibald Ave. Ground Cover area: 106,409 square feet Hardscape area: 60,608 square feet A-76 The west side of Archibald Ave from 635 feet north of Hillside Rd to Hillside Rd. The north side of Hillside Rd from Archibald Ave to 770 feet west of Archibald Ave . Ground Cover area: 8,859 square feet Hardscape area: 1,389 square feet A-77 The east side of Carnelian St from Brilliant Ln to Wilson Ave including the irrigation cut- outs along trail. The south side of Wilson Ave from Carnelian St to 745 feet east of Arabian Dr. The irrigation cut-outs on the north side of Wilson Ave from Carnelian St to 775 feet east of Arabian Dr. Ground Cover area: 5,101 square feet Hardscape area: 11,322 square feet B-1 The median on Blue Gum Dr from Etiwanda Ave to Blue Gum Dr. Ground Cover area: 5,100 square feet Page 96 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 14 Fiscal Year 2024/25 B-2 The north side of Highland Ave from the Deer Creek Channel to San Benito Ave. The north side of 19th St from San Benito Ave to Palm Dr. The west and east side of Alameda Ave from 19th St to Ring Ave. The east side of Palm Dr from 19th St to Ring Ave. Ground Cover area: 47,397 square feet Hardscape area: 26,285 square feet B-3 The paseo from Sutter Ct to Deer Creek Channel. Ground Cover area: 294 square feet Hardscape area: 400 square feet B-4 The north side of Banyan St from Deer Creek Channel to 355 feet west of Fredericksburg Ave. Ground Cover area: 9,200 square feet Hardscape area: 3,834 square feet B-5 The north side of Lemon Ave from Semillion Pl to 188 feet west of Terracina Ave. Ground Cover area: 14,472 square feet Hardscape area: 3,894 square feet B-6 The north side of Lemon Ave from Barsac Pl to Semillion Pl. Ground Cover area: 15,784 square feet Hardscape area: 3,780 square feet B-7 The south side of Banyan St from Cabernet Pl to 414 feet east of Cabernet Pl. Ground Cover area: 18,814 square feet B-8 The south side of Banyan St from Callaway Pl to Muscat Pl. Ground Cover area: 10,505 square feet B-9 The east side of Haven Ave from Banyan St to 240 feet north of Banyan St. The north side of Banyan St from Haven Ave to Merlot Ct. Ground Cover area: 24,975 square feet Hardscape area: 1,356 square feet B-10 The east side of Haven Ave from 400 feet south of Banyan St to Banyan St. The south side of Banyan St from Haven Ave to Callaway Pl. Ground Cover area: 14,548 square feet Hardscape area: 6,348 square feet B-11 The south side of Banyan St from Muscat Pl to Cabernet Pl. Ground Cover area: 33,282 square feet Page 97 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 15 Fiscal Year 2024/25 B-12 The north side of Lemon Ave from Barsac Pl to 135 feet east of Valinda Ave. Ground Cover area: 13,464 square feet Hardscape area: 4,098 square feet B-13 The south side of 19th St from Inyo Pl to 585 feet east of San Benito Ave. The parkways on the east and west side of San Benito Ave from 19th St to San Mateo Pl. The east side of Inyo Pl from 19th St to paseo south of 19th St and the paseo running east from Inyo Pl to Sonora Ave. Ground Cover area: 20,950 square feet Hardscape area: 14,192 square feet B-14 The paseo from San Benito Ave and Sonora Ave to the Deer Creek Channel. Ground Cover area: 2,000 square feet Hardscape area: 540 square feet B-15 The paseo from Stanislaus Pl and La Vine St to the Deer Creek Channel. Ground Cover area: 1,040 square feet Hardscape area: 428 square feet B-16 The paseo from Inyo Pl to Mendocino Pl. Ground Cover area: 225 square feet Hardscape area: 184 square feet B-17 The paseo from Yuba Ct to Deer Creek Channel. Ground Cover area: 918 square feet Hardscape area: 420 square feet B-18 The south side of Wilson Ave from 377 feet west of Canistel Ave to 1032 feet east of Canistel Ave . Ground Cover area: 6,762 square feet Hardscape area: 8,454 square feet B-19 The east side of Haven Ave from the Southern Pacific Railroad to 341 feet south of Victoria St. Ground Cover area: 6,415 square feet Hardscape area: 8,865 square feet B-20 The east side of Haven Ave from 341 feet south of Victoria St to Victoria St; the south side of Victoria St from Haven Ave to 237 feet east of Mango St. Ground Cover area: 16,900 square feet Hardscape area: 8,767 square feet Page 98 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 16 Fiscal Year 2024/25 B-21 The south side of 19th St from Valinda Ave to Inyo Pl. Ground Cover area: 3,900 square feet Hardscape area: 3,700 square feet B-22 The south side of Lemon Ave south of the sidewalk from 188 feet west of Terracina Ave to 284 feet north of Marbella Dr. The parkway on the south side of Lemon Ave from 188 feet west of Terracina Ave to 517 feet north of Marbella Dr. The turf in the parkway at the end of the cul-de-sac on Sonterra Ct. The parkway on the north side of Lemon Ave from 188 feet west of Terracina Ave to 526 feet south of Terracina Ave. The north side of Lemon Ave north of the sidewalk from 188 feet west of Terracina Ave to 562 feet south of Terracina Ave. The turf in the parkway at the end of the cul-de-sac at Serena Pl. Ground Cover area: 17,688 square feet Turf area: 6,390 square feet Hardscape area: 4,928 square feet B-23 The parkway on the east side of Lemon Ave from 129 feet south of Marbella Dr to 526 feet south of Terracina Ave. The slope on the east side of Lemon Ave east of the sidewalk from 129 feet south of Marbella Dr to 562 feet south of Terracina Ave. The west side of Lemon Ave west of the sidewalk from 284 feet north of Marbella Dr to 129 feet south of Marbella Dr. The parkway on the west side of Lemon Ave from 517 feet north of Marbella Dr to 129 feet south of Marbella Dr. Ground Cover area: 22,531 square feet Hardscape area: 4,468 square feet B-24 The south side of Highland Ave from 327 feet west of Deer Creek Channel to Deer Creek Channel. The paseo from Los Osos Way to Deer Creek Channel. Ground Cover area: 4,946 square feet Hardscape area: 2,099 square feet B-25 The south side of Banyan St from 152 feet west of Cantabria Ave to 930 feet east of Cantabria Ave. Ground Cover area: 16,693 square feet B-26 The north side of Wilson Ave from 590 feet west of High Meadow Pl to 187 feet east of High Meadow Pl. Ground Cover area: 4,628 square feet Hardscape area: 390 square feet B-27 The east side of Haven Ave from 467 feet north of 19th St to 650 feet north of 19th St. Ground Cover area: 3,483 square feet Hardscape area: 6,235 square feet Page 99 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 17 Fiscal Year 2024/25 C-1 The north side of 26th St from Andover Pl to Hermosa Ave. The east side of Hermosa Ave from 26th St to 331 feet north of Concord Dr. Ground Cover area: 22,227 square feet Hardscape area: 5,532 square feet C-2 The entry monument on the northeast and northwest corners of 4th St and Archibald Ave. Ground Cover area: 6,337 square feet Hardscape area: 3,998 square feet C-3 The south side of Base Line Rd from Ramona Ave to 128 feet east of Cambridge Ave . Ground Cover area: 17,262 square feet Hardscape area: 4,865 square feet C-4 The south side of Base Line Rd from 440 feet west of Ramona Ave to Ramona Ave . Ground Cover area: 6,198 square feet Hardscape area: 2,200 square feet C-5 The south side of Base Line Rd from 340 feet west of Center Ave to 103 feet east of Center Ave. Ground Cover area: 8,850 square feet Hardscape area: 2,215 square feet C-6 The south side of Base Line Rd from Ivy Ln to 105 feet west of Marine Ave. Ground Cover area: 8,080 square feet Hardscape area: 2,475 square feet C-7 The parkway on the north side of Church St from 142 feet east of Teak Way to 230 feet west of Teak Way . Ground Cover area: 1,813 square feet Hardscape area: 1,650 square feet C-8 The west side of Hermosa Ave from 524 feet north of Palo Alto St to 142 feet south of Palo Alto St. Ground Cover area: 2,650 square feet Hardscape area: 3,996 square feet C-9 The parkway on the west side of Hermosa Ave from 163 feet north of Ironwood St to 145 feet south of Ironwood St. Ground Cover area: 1,500 square feet Hardscape area: 1,848 square feet Page 100 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 18 Fiscal Year 2024/25 C-10 The entry monument parkway on the south side of Base Line Rd from the western city limit to Alta Cuesta Dr. Ground Cover area: 9,756 square feet Hardscape area: 4,380 square feet C-11 The parkway on the east side of Beryl St from Alder St to 135 feet north of Culpepper St. Ground Cover area: 3,400 square feet Hardscape area: 3,600 square feet C-12 The parkway on the east side of Hellman Ave from Tryon St to 665 feet north of Tryon St. Ground Cover area: 8,280 square feet Hardscape area: 3,325 square feet C-13 The parkway on the west side of Hellman Ave from 500 feet north of Church St to Church St. Ground Cover area: 2,416 square feet Hardscape area: 3,000 square feet C-14 The east side of Archibald Ave from 196 feet north of Palo Alto St to 530 feet north of Palo Alto St. Ground Cover area: 4,262 square feet Hardscape area: 1,374 square feet C-15 The north side of San Bernardino Rd from Summerlin Pl to 225 feet west of Summerlin Pl. Ground Cover area: 1,660 square feet Hardscape area: 710 square feet C-16 The south side of Base Line Rd from 286 feet west of Hermosa Ave to Hermosa Ave. The raised planter on the southwest corner of Base Line Rd and Hermosa Ave. Ground Cover area: 4,190 square feet Hardscape area: 2,320 square feet C-17 The east side of Hellman Ave from 775 feet south of 6th St to 6th St. The south side of 6th St from Hellman Ave to Golden Oak Rd . The west side of Golden Oak Rd from 6th St to Foxbrook Dr. Ground Cover area: 9,058 square feet Hardscape area: 6,387 square feet Page 101 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 19 Fiscal Year 2024/25 D-1 The east side of Rochester Ave from Church St to Base Line Rd. Ground Cover area: 27,920 square feet Hardscape area: 17,301 square feet D-2 The east side of Rochester Ave from 146 feet south of Chervil St to Church St. Ground Cover area: 21,858 square feet Hardscape area: 13,263 square feet D-3 The south side of Base Line Rd from Rochester Ave to 600 feet east of Rochester Ave. Ground Cover area: 2,180 square feet Hardscape area: 4,121 square feet D-4 The north and south sides of Church St from Rochester Ave to 150 feet east of Hyssop Dr. Ground Cover area: 6,340 square feet Hardscape area: 8,887 square feet D-5 The landscape along the Edison corridor from Arrow Rt. To Foothill Blvd. Ground Cover area: 23,392 square feet H-9 The Haven Ave median from the 210 freeway to Alta Loma Dr. Ground Cover area: 2,207 square feet H-10 The Haven Ave median from entrance of Haven Village to Amber Ln. Ground Cover area: 6,968 square feet Converted 5,131 square feet of turf to ground cover effective April 1, 2013. Area listed is the 50% maintained by LMD 1. An equal amount is maintained by General Fund as of March 25, 20 13 H-11 The Haven Ave median from Amber Ln to Olive Way. Ground Cover area: 5,026 square feet Converted 3,475 square feet of turf to ground cover effective April 1, 2013. Area listed is the 50% maintained by LMD 1. An equal amount is maintained by General Fund as of March 25, 20 13 H-12 The Haven Ave median from Olive Way to 712 feet north of Wilson Ave. Ground Cover area: 6,734 square feet Converted 3,933 square feet of turf to ground cover effective April 1, 2013. Area listed is the 50% maintained by LMD 1. An equal amount is maintained by General Fund as of March 25, 2013 H-13 The Haven Ave median from 19th St to the 210 freeway. Ground Cover area: 12,514 square feet Page 102 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 20 Fiscal Year 2024/25 FH-18 The Foothill Blvd median from East Ave to 453 feet east of Cornwall Ct. Ground Cover area: 5,450 square feet I-1-5 The Andover Pl playground on the southwest corner of Andover Pl and Bedford Dr. Ground Cover area: 1,506 square feet Turf area: 1,070 square feet Hardscape area: 640 square feet Parks, ground cover, shrubs and turf areas that make up parkways, median islands and paseos are maintained under contract by a private landscape maintenance company. Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Page 103 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 21 Fiscal Year 2024/25 Page 104 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 22 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Personnel Services: Regular Salaries 38,760$ Overtime Salaries 5,000 Part-time Salaries 13,350 Fringe Benefits 23,490 Subtotal - Personnel 80,600 Operations and Maintenance: Operations and Maintenance: O & M/General 75,050 O & M/Facilities 2,530 Emergency Equipment and Vehicle Rental 6,300 Equipment Operations and Maintenance 3,000 Subtotal - Operations and Maintenance 86,880 Contract Services: Contract Services/General 693,630 Contract Services/Facilities 8,180 Contract Vehicle Maintenance/Repair 2,000 Tree Maintenance 145,940 Subtotal - Contract Services 849,750 Utilities: Telephone Utilities 2,190 Water Utilities 346,650 Electric Utilities 37,740 Subtotal - Utilities 386,580 Assessment Administration 43,290 Admin./General Overhead 88,880 Other Expenses 660 Subtotal - Operations and Maintenance 1,456,040 Capital Expenditures: Captial Outlay - Equipment 100,000 Captial Project 105,200 Subtotal - Capital Expenditures 205,200 Transfer Out: Transfer Out - LMD #1 Capital Reserve Fund 90,000 Total Expenditures Budget 1,831,840$ Page 105 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 23 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 1,269,210$ Anticipated Prior Year Delinquencies Collection 12,220 Subtotal - Taxes 1,281,430 Other Revenues: Other Rental/Lease Income 31,560 Park Maintenance Fees 2,050 Sports Field User Group Rentals 110 Sports Lighting Fees 20,000 Other Revenue 100 Subtotal - Other Revenues:53,820 Transfer In: Transfer In - General Fund 68,190 Transfer In - LMD #1 Operating Fund 90,000 Transfer In - CFD Empire Lakes 152,160 Subtotal - Transfer In:310,350 Total Revenues Budget 1,645,600 Contribution to/(Use of) Fund Balance (186,240)$ Total Gross Estimated Assessments 1,269,201.22$ Total District EBU Count 13,763.67 Actual Assessment per EBU - Fiscal Year 2024/25 92.21$ Maximum Allowable Assement per EBU - Fiscal Year 2024/25 92.21$ The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. Beginning with Fiscal Year 2016/17 the City will maintain a Capital Reserve Fund to be used for deferred maintenance and pending capital projects. The reserve balance information for the District is as follows: Page 106 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 24 Fiscal Year 2024/25 Operating Capital Total Reserve Reserve Reserve Estimated Reserve Fund Balance, June 30, 2024 $1,447,938 $328,291 1,776,230$ C ontribution to/(Use of) Reserve - Fiscal Year 2024/25 (67,070) (119,170) (186,240) Estimated Reserve Fund Balance, June 30, 2025 $1,380,868 $209,121 1,589,990$ Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Page 107 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 25 Fiscal Year 2024/25 Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may inc lude: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement." Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by Page 108 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 26 Fiscal Year 2024/25 the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas, Parks - Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park and appurtenant facilities that are located throughout the General City and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the General City which provides ingress and egress for parcels within the District to access the City’s system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and Page 109 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 27 Fiscal Year 2024/25 • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single-family home as the basic unit of assessment. A single-family home equals one EBU. Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single-family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Page 110 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 28 Fiscal Year 2024/25 Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value M ultiplier Single Family Residential 1.00 Parcel Multi-Family Residential 0.50 Unit Non-Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 20 24/25 maximum allowable assessment rates for the District: Maximum Allowable Assessment Rate per EBU Actual Assessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $92.21 $92.21 8,425.00 8,425.00 Multi-Family Residential 92.21 92.21 10,642.00 5,321.00 Non-Residential 92.21 92.21 8.83 17.67 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 111 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 29 Fiscal Year 2024/25 Page 112 ____________________________________________________________________________ Landscape Maintenance District No. 1 – City of Rancho Cucamonga 30 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 20 24/25 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate Per EBU Total Units/ Acres Total EBUs Total Assessment Single-family Residential $92.21 8,425.00 8,425.00 $776,869.25 Multi-family Residential 92.21 10,642.00 5,321.00 490,702.62 Non-Residential 92.21 8.83 17.67 1,629.35 Total 19,075.83 13,763.67 $1,269,201.22 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following annexations are effective for Fiscal Year 2024/25: APN Annexation Date Project Total Units / Acres Total EBUs Type 1076-041-34 01/18/23 DRC2021-00026 1.00 1.00 Single-Family Res 0229-311-14 & 15 03/15/23 DRC2020-00440 260.00 260.00 Multi-Family Res 0201-182-34 04/05/23 DRC2022-00065 1.00 1.00 Single-Family Res 1061-711-11 04/05/23 DRC2020-00082 1.00 1.00 Single-Family Res 1061-211-07 10/18/23 PMT2022-04884 1.00 1.00 Single-Family Res 1061-231-06 10/18/23 PMT2021-05470 1.00 1.00 Single-Family Res 1061-721-28 10/18/23 PMT2022-06658 1.00 1.00 Single-Family Res Page 113 ATTACHMENT 2 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Landscape Maintenance District No. 2 (Victoria Neighborhood Parks) Page 114 CITY OF RANCHO CUCAMONGA Landscape Maintenance District No. 2 (Victoria Neighborhood Parks) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 115 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 22 ESTIMATE OF COSTS 24 District Budget 24 Definitions of Budget Items 26 BENEFITS FROM IMPROVEMENTS AND QUANTIFICATION 27 Benefits from Improvements 27 Quantification of Benefit 29 Sidewalks and Community Trails 30 Street Landscaping 32 Neighborhood Parks 37 Collective General Benefit 39 METHOD OF ASSESSMENT 39 Overview 39 Apportioning of Special Benefit 40 Rate per Benefit Unit 47 Method of Assessment Spread 47 Applying the Method of Assessment Spread 47 Page 116 Proposed Maximum Assessment Rates 50 Cost of Living Inflator 50 ASSESSMENT DIAGRAM 51 ASSESSMENT ROLL AND ANNEXATIONS 53 Assessment Roll 53 Annexations 53 Page 117 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024, the City Council of Rancho Cucamonga (the “City”), under the Landscape and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments Landscape Maintenance District No. 2 (Victoria Neighborhood Parks) (hereafter, referred to as the “District”); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Personnel Services 1,096,810$ Operations and Maintenance 3,749,780 Capital Expenditures 1,313,460 Total Expenditures Budget 6,160,050 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 4,240,500 Anticipated Prior Year Delinquencies Collection 27,410 Subtotal - Taxes 4,267,910 Other Revenues 960 Transfer In 370,940 Total Revenues Budget 4,639,810 Contribution to/(Use of) Fund Balance (1,520,240)$ Total District EBU Count 81,554.11 Actual Assessment per EBU 52.00$ Maximum Allowable Assement per EBU 54.23$ Page 118 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 119 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public Page 120 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 4 Fiscal Year 2024/25 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area located south of the 210 Freeway, west of Etiwanda Ave, southwest of the I-15 Freeway, and east of Haven Ave, also known as the Victoria Neighborhood Parks and Landscape Maintenance District, and are more particularly in the diagram of the District included herein. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements located in and serviced and maintained by the District generally include: the landscaping and associated landscape lighting and irrigation systems installed along the roadways, medians, and community trails; sidewalks; and six neighborhood parks that are of direct and special benefit to the parcels within the District. These improvements are located within the public right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris/graffiti, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements, including the Page 121 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 5 Fiscal Year 2024/25 parks and irrigation systems, includes but is not limited to, the upkeep, repair, removal or replacement of all or any part of the improvement or facility; grading and replacement of trail surfacing; trail fence repair and replacement; and irrigation systems control, adjustment, repair and replacement. Servicing means the furnishing of water for the irrigation of landscaping, the furnishing of electricity, gas or other illuminating energy for the lighting of landscaping or appurtenant facilities. This shall also include materials, vehicles, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City’s intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Ellena Park, Kenyon Park, Victoria Arbors Park, Victoria Groves Park, Vintage Park, and Windrows Park Site # Descriptive Location 2-1 The west side of Arbor Ln from the traffic circle to Church St. The Arbor Ln median from Church St to the traffic circle. The east side of Arbor Ln from Long Meadow Dr to Church St. The paseo from the west side of Arbor Ln to Day Creek Blvd. The paseo from the west side of Arbor Ln to Saintsbury Pl. The north side of Winery Dr from Arbor Ln to 214 feet west of Arbor Ln. The south side of Long Meadow Dr from Freestone Ct to Duck Creek Pl. Ground Cover area: 93,639 square feet Hardscape area: 59,041 square feet 2-2 The northwest corner of Day Creek Blvd and Church St. The north side of Church St from Day Creek Blvd to 1,152 feet west of Hess Pl. The paseo from the north side of Church St to Dry Creek Dr. The paseo from the north side of Church St to Pineridge Pl. The west side of Hess Pl from the north side of Church St to Dry Creek Dr. The south side of Church St from 145 feet east of Hyssop Dr to 896 feet east of Hyssop Dr. Ground Cover area: 24,018 square feet Hardscape area: 26,617 square feet 2-3 The west side of Day Creek Blvd from 250 feet north of Appellation Dr to Church St. The east side of Day Creek Blvd from Church St to Madrigal Pl. The Day Creek Blvd median from Church St to Base Line Rd. The south side of Madrigal Pl from Day Creek Blvd to Round Hill Pl. Ground Cover area: 35,420 square feet Hardscape area: 42,671 square feet Page 122 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 6 Fiscal Year 2024/25 2-4 Victoria Park Ln from Base Line Rd to the east entrance of Victoria Arbor Park. The southwest corner of Victoria Park Ln and Base Line Rd. The southeast corner of Victoria Park Ln to 445 feet east of Victoria Park Ln . Ground Cover area: 36,482 square feet Turf area: 3,874 square feet Hardscape area: 32,927 square feet 2-5 The east and west side of Victoria Park Ln and the medians from Mosaic Dr to Church St. Ground Cover area: 56,358 square feet Hardscape area: 20,390 square feet 2-6 The north side of Church St from Arbor Ln to Day Creek Blvd. The northwest corner of Church St and Arbor Ln. The paseo from the north side of Church St to Wilson Creek Dr. Ground Cover area: 21,616 square feet Hardscape area: 15,159 square feet 2-7 The north side of Church St from Victoria Park Ln to Arbor Ln. The northwest corner of Victoria Park Ln and Church St. The paseo from the north side of Church St to Elk Cove Ct. The paseo from the north side of Church St to Freestone Ct. The northeast corner of Arbor Ln and Church St. Ground Cover area: 16,609 square feet Hardscape area: 13,730 square feet 2-8 The paseo from the west side of Etiwanda Ave to Silver Rose Ct. The north side of Church St from Etiwanda Ave to Victoria Park Ln. The east side of Iron Horse Pl from Church St to Wild Horse Pl. The paseo from the north side of Church St to Cloudy Bay Ct. The medians from Iron Horse Pl to Etiwanda Ave. Ground Cover area: 35,122 square feet Hardscape area: 28,473 square feet 2-9 The landscaped slope behind existing landscape of site 2-5 on the west side of Victoria Park Ln from 475 feet north of Long Meadow Dr to Long Meadow Dr. The landscape slope and curb adjacent parkway from Victoria Park Ln to 685 feet west of Victoria Park Ln. Ground Cover area: 26,213 square feet Hardscape area: 5,617 square feet VW-1 Base Line Rd median from Victoria Park Ln to 830 feet west of Victoria Park Ln. Ground Cover area: 4,514 square feet Hardscape area: 3,474 square feet Page 123 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 7 Fiscal Year 2024/25 VW-2 The north side of Base Line Rd 300 feet east and 200 feet west of Swanson Pl. The east and west sides of Swanson Pl from Base Line Rd to Province St. The paseo from the intersection of Swanson Pl and Province St to Atwood St with outlet to Dunmore Pl. The paseo from Atwood St to the Southern Pacific Railroad. The north side of Saratoga St from Powell Pl to Dunmore Pl. The paseo from Saratoga St to Etiwanda Ave. The south side of Atwood St from Victoria Park Ln to Travis Pl. The north side of Atwood St from Walcott Pl to Victoria Park Ln. Ground Cover area: 18,753 square feet Turf area: 73,931 square feet Hardscape area: 22,615 square feet VW-3 The Victoria Park Ln median and the west and east side parkways from Base Line Rd to the entrance to Victoria Village. Ground Cover area: 27,090 square feet Hardscape area: 3,214 square feet VW-4 The Victoria Park Ln median and the west and east side parkways from Victoria Village entrance to Atwood St. Ground Cover area: 40,937 square feet Hardscape area: 6,428 square feet VW-5 The Victoria Park Ln median and the west side and east side parkways from Atwood St to the Southern Pacific Railroad. Ground Cover area: 49,513 square feet Hardscape area: 5,467 square feet VW-6 The paseo running north from 12732 Farrington St to the Southern Pacific Railroad. Ground Cover area: 285 square feet Hardscape area: 679 square feet VW-7 The paseo running north from 12840 Farrington St to the Southern Pacific Railroad. Ground Cover area: 266 square feet Hardscape area: 552 square feet VW-8 The Victoria Park Ln median and the west side parkway from the Southern Pacific Railroad to South Victoria Windrows Loop. The Victoria Park Ln east side parkway from the Southern Pacific Railroad to Zinnia Ct. Ground Cover area: 40,548 square feet Hardscape area: 6,150 square feet Page 124 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 8 Fiscal Year 2024/25 VW-9 The Victoria Park Ln east side parkway from Barberry St to North Victoria Windrows Loop at Windrows Park. Ground Cover area: Turf area: 40,004 square feet 11,779 square feet Hardscape area: 3,720 square feet VW-10 The west side of Victoria Park Ln from South Victoria Windrows Loop to Dahlia Ct. The Victoria Park Ln median from Zinnia Ct to Dahlia Ct. The east side of Victoria Park Ln from North Victoria Windrows Loop at Windrows Park to Dahlia Ct. Ground Cover area: 50,620 square feet Turf area: 11,878 square feet Hardscape area: 11,400 square feet VW-11 The east side parkway on South Victoria Windrows Loop from Silktassel Dr to Victoria Park Ln. The parkway on the south side of Victoria Park Ln from the intersection of South Victoria Windrows Loop and North Victoria Windrows Loop to Dahlia Ct. The Victoria Park Ln median from the intersection of North and South Victoria Windrows Loop to Dahlia Ct. The parkway on the north side of Victoria Windrows Loop from the intersection of North and South Victoria Windrows Loop to Dahlia Ct. Ground Cover area: 27,053 square feet Turf area: 20,216 square feet Hardscape area: 6,988 square feet VW-12 The Victoria Park Ln median from the intersection of North and South Victoria Windrows Loop to 390 feet east of Day Creek Blvd. The parkway on the north side of Victoria Park Ln from the intersection of North and South Victoria Windrows Loop to 390 feet east of Day Creek Blvd. The parkway on the west side of North Victoria Windrows Loop from Silverberry St to Victoria Park Ln. The parkway on the south side of Silverberry St from 390 feet east of Day Creek Blvd to North Victoria Windrows Loop. Ground Cover area: 166,249 square feet Turf area: 21,603 square feet Hardscape area: 12,868 square feet VW-13 The parkway on the south side of Victoria Park Ln from 390 feet east of Day Creek Blvd to South Victoria Windrows Loop. The west side of South Victoria Windrows Loop from Victoria Park Ln to Snapdragon St. Ground Cover area: 20,068 square feet Turf area: 16,476 square feet Hardscape area: 7,200 square feet Page 125 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 9 Fiscal Year 2024/25 VW-14 The parkway on the west side of South Victoria Windrows Loop from Snapdragon St to Victoria Park Ln. The parkway on the north and south side of Sugar Gum St from South Victoria Windrows Loop to 390 feet east of Day Creek Blvd. The parkways on the east and west sides of Basswood Pl from Sugar Gum St to Blazing Star Ct. The parkway on the north side of South Victoria Windrows Loop from Victoria Park Ln to Silktassel Dr. Ground Cover area: 21,466 square feet Turf area: 10,335 square feet Hardscape area: 27,560 square feet VW-15 The parkway on the north side of Bougainvillea Way from Peach Pl to North Victoria Windrows Loop. The parkway on the east side of North Victoria Windrows Loop from Bougainvillea Way to Citrus Pl. The parkway on the north side of North Victoria Windrows Loop from Locus Ave and following that curb line to Silverberry St. The parkway on the north side of Silverberry St from North Victoria Windrows Loop 390 feet east of Day Creek Blvd. The paseo from North Victoria Windrows Loop at Silverberry St to Nasturtium Dr. The paseo from North Victoria Windrows Loop at Locus Ave to Pistache St and continuing to Bougainvillea Way. Ground Cover area: 45,929 square feet Turf area: 12,207 square feet Hardscape area: 23,630 square feet VW-16 The south side of Highland Ave from 455 feet east of Day Creek Blvd to 534 feet east of Locus Ave. The east and west side of Locus Ave from Highland Ave to North Victoria Windrows Loop. The parkway on the south side of North Victoria Windrows Loop from Citrus Pl east to Bougainvillea Way. The parkway on the north side of North Victoria Windrows Loop from Twinspur Pl to Locus Ave. Ground Cover area: 26,577 square feet Turf area: 23,922 square feet Hardscape area: 19,203 square feet VW-17 This site was modified and added to VW-16 on January 5, 1999. VW-18 The south side of Highland Ave from 12583 Highland Ave to Rockrose Ave. Ground Cover area: 2,800 square feet Turf area: 8,515 square feet Hardscape area: 3,325 square feet Page 126 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 10 Fiscal Year 2024/25 VW-19 The north side of North Victoria Windrows Loop from Rosemary Ct to Rockrose Ave. The east side of Rockrose Ave from North Victoria Windrows Loop to Highland Ave . The south side of Highland Ave from Rockrose Ave to Etiwanda Ave. The horse trail from Highland Ave and Etiwanda Ave to the Fire Station. Ground Cover area: 21,027 square feet Turf area: 32,266 square feet Hardscape area: 11,298 square feet VW-20 The parkway on the south side of North Victoria Windrows Loop from Victoria Park Ln to Plum Way. The parkway on the west side of North Victoria Windrows Loop from Plum Way to Rosemary Ct. The paseo from Tipu Pl east to the open field. Note: The area in front of Windrows Park is watered by the VW-20 water meter, but it is maintained by City crews. Ground Cover area: 2,110 square feet Turf area: 16,411 square feet Hardscape area: 9,132 square feet VW-21 The east side of North Victoria Windrows Loop from Rosemary Ct to the trail south of Kalmia St. The trail and paseo from North Victoria Windrows Loop south of Kalmia St to Etiwanda Ave and north to the Fire Station. The south side of Basil St from North Victoria Windrows Loop to Santolina Pl. Ground Cover area: 49,187 square feet Turf area: 36,461 square feet Hardscape area: 19,600 square feet Mulchscape: 21,071 square feet VW-22 The paseo from North Victoria Windrows Loop at Rockrose Ave to the northeast corner of Windrows Park and from that corner to Plum Way. Ground Cover area: 13,689 square feet Turf area: 19,953 square feet Hardscape area: 9,489 square feet VW-23 The west side of Rockrose Ave from Highland Ave to North Victoria Windrows Loop. The parkway on the north side of North Victoria Windrows Loop from Rockrose Ave to Twinspur Pl. The parkway on the south side of North Victoria Windrows Loop from Bougainvillea Way to Rosemary Ct. Ground Cover area: 18,299 square feet Turf area: 3,452 square feet Hardscape area: 10,352 square feet Page 127 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 11 Fiscal Year 2024/25 VW-24 The Metropolitan Water District easement from Jasmine Ct and Ironbark Dr to Sweetgum Dr. Ground Cover area: 475 square feet Hardscape area: 4,730 square feet VW-25 The north side of Base Line Rd from 384 feet west of Wanona Pl to Etiwanda Ave. The west side of Etiwanda Ave from Base Line Rd to Craig Dr. The Base Line Rd median from Swanson Pl to Etiwanda Ave. Ground Cover area: 20,934 square feet Turf area: 3,079 square feet Hardscape area: 12,799 square feet VW-26 The paseo from Grape Pl to 630 feet west of Grape Pl. Ground Cover area: 7,021 square feet Hardscape area: 8,548 square feet VW-27 The south side of Base Line Rd from 251 feet west of Swanson Pl to Etiwanda Ave. The Base Line Rd median from Victoria Park Ln to Swanson Pl. Ground Cover area: 18,816 square feet Hardscape area: 17,233 square feet VG-1 The turf and ground cover on the south side of Highland Ave from the Deer Creek Channel to Fairmont Way. The turf and ground cover from Highland Ave on the west side of Fairmont Way to Victoria Park Ln. The ground cover on the north side of Victoria Park Ln south of the horse trail from 475 feet east of Milliken Ave to Fairmont Way. The turf on the north side of Victoria Park Ln from 275 feet east of Milliken Ave to Fairmont Way. The turf in the parkway on the east side of Fairmont Way from Victoria Park Ln to Highland Ave. Ground Cover area: 21,573 square feet Turf area: 47,604 square feet Hardscape area: 17,300 square feet Page 128 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 12 Fiscal Year 2024/25 VG-2 The turf on the east side of York Pl from Delaware St to Fairmont Way. The ground cover on the south side of Fairmont Way from York Pl and continuing on that curb line to Victoria Park Ln. The turf and ground cover on the south side of Victoria Park Ln west of Milliken Ave from Fairmont Way to Milliken Ave. The parkway on the west side of Milliken Ave from Victoria Park Ln to Fairmont Way. The Milliken Ave median from Fairmont Way to Victoria Park Ln. The turf on the north side of Victoria Park Ln from 273 feet west of Milliken Ave to Milliken Ave. The ground cover on the north side of Victoria Park Ln south of the horse trail from 468 feet west of Milliken Ave to Milliken Ave. Ground Cover area: 53,416 square feet Turf area: 49,587 square feet Hardscape area: 20,173 square feet VG-3 The turf and ground cover north of the sidewalk on the north side of Fairmont Way from Nova Ct continuing on that curb line to York Pl and the turf south of the sidewalk on the north side of Fairmont Way from Armstrong Pl continuing on that curb line to York Pl. The ground cover on the west side of York Pl from Fairmont Way to Delaware St and the ground cover on the east side of York Pl. The turf and ground cover on the west side of Fairmont Way from Emerson St continuing along that curb line to Armstrong Pl. The turf and ground cover on the east and west sides of Biola Pl. Ground Cover area: 57,189 square feet Turf area: 38,343 square feet Hardscape area: 26,848 square feet VG-4 The turf and ground cover on the south side of Fairmont Way from Armstrong Pl to Milliken Ave. The turf and ground cover on the west side of Milliken Ave from Fairmont Way to the Southern Pacific Railroad. The Milliken Ave median from Fairmont Way to the Southern Pacific Railroad. The ground cover on the north side of the Southern Pacific Railroad from Deer Creek Channel to Rochester Ave including the paseo to Baylor St. The ground cover on the north side of Fairmont Way from Milliken Ave to Nova Ct. The turf on the north side of Fairmont Way from Milliken Ave to Armstrong Pl. Ground Cover area: 202,163 square feet Turf area: 19,751 square feet Hardscape area: 12,278 square feet VG-5 The paseo from Biola Pl to Amarillo St to Delaware St at York Pl. Ground Cover area: 12,448 square feet Turf area: 44,896 square feet Hardscape area: 7,992 square feet Page 129 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 13 Fiscal Year 2024/25 VG-6 The paseo beginning at the northeast corner of Victoria Groves Park and Fairmont Way and extending to the Deer Creek Channel. Ground Cover area: 73,442 square feet Turf area: 74,778 square feet Hardscape area: 16,629 square feet VG-7 The paseo that begins on the south side of Donnelly St at Fairmont Way and continues to the Deer Creek Channel including the southward extension on the west side of Albright Pl from Donnelly St to Pacific and the paseo from Pacific to Charleston St. Ground Cover area: 43,427 square feet Turf area: 51,765 square feet Hardscape area: 15,806 square feet VG-8 The ground cover on the west side of Milliken Ave from 566 feet north of Victoria Park Ln to Victoria Park Ln. The ground cover and turf north of the horse trail on Victoria Park Ln from Milliken Ave to Fairmont Way. The ground cover on the east side of Fairmont Way from Victoria Park Ln to 156 feet north of Victoria Park Ln. Ground Cover area: 21,614 square feet Turf area: 8,614 square feet Hardscape area: 8,281 square feet VG-9 The ground cover on the east side of Fairmont Way from 156 feet north of Victoria Park Ln to Kenyon Way. The ground cover on the south side of Kenyon Way from Fairmont Way to 197 feet east of Fairmont Way. The turf on the south side of Kenyon Way from Fairmont Way to 316 feet east of Fairmont Way. The turf and ground cover on the south side of Baltimore Dr from Fairmont Way to Baltimore Ct. The turf and ground cover on the north side of Baltimore Dr from Fairmont Way to Vanderbilt Pl. The turf and ground cover on the east side of Vanderbilt Pl from Baltimore Dr to Brown Dr. The paseo from Vanderbilt Pl and Brown Dr to Kenyon Way. Ground Cover area: 48,481 square feet Turf area: 11,357 square feet Hardscape area: 13,542 square feet Page 130 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 14 Fiscal Year 2024/25 VG-10 The ground cover on the south side of Kenyon Way from 197 feet east of Fairmont Way to Milliken Ave. The turf on the south side of Kenyon Way from 316 feet east of Fairmont Way to Milliken Ave. The ground cover on the west side of Milliken Ave from Kenyon Way to 566 feet north of Victoria Park Ln. The turf and ground cover on the west side of Capitol Pl from Brown Dr to Bethany Dr. The paseo from Capitol Pl and Brown Dr to Kenyon Way. Ground cover area: 34,241 square feet Turf area: 11,031 square feet Hardscape area: 5,320 square feet VG-11 The east and west side parkways and median of Milliken Ave from Base Line Rd to the Southern Pacific Railroad. The north side of Base Line Rd from 542 feet east of Milliken Ave to Milliken Ave. Ground Cover area: 31,367 square feet Turf area: 17,264 square feet Hardscape area: 25,524 square feet VG-12 The turf and ground cover on the south side of Fairmont Way from the southeast corner of Milliken Ave and Fairmont Way along the curb line to Victoria Park Ln. The turf and ground over on the west side of Fairmont Way from the southwest corner of Victoria Park Ln and Fairmont Way (located east of Milliken Ave) and continuing along the curb line to Milliken Ave. The turf on the east side of Milliken Ave from the Southern Pacific Railroad to 730 feet south of Victoria Park Ln. The ground cover on the east side of Milliken Ave from the Southern Pacific Railroad to 766 feet south of Victoria Park Ln. Ground Cover area: 53,068 square feet Turf area: 36,431 square feet Hardscape area: 27,004 square feet VG-13 The paseos from Victoria Park Ln to Verona Dr, Verona Dr to Napoli Dr, and Genova Rd to Tivoli Pl. Ground Cover area: 17,993 square feet Turf area: 16,344 square feet Hardscape area: 8,376 square feet Page 131 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 15 Fiscal Year 2024/25 VG-14 The Base Line Rd median from Milliken Ave to Ellena East. The turf and ground cover on the north side of Base Line Rd from Ellena East to Ellena West. The turf and ground cover on the east side of Ellena West from Base Line Rd and following the curb line to Kenyon Way. The north side of Ellena West from Kenyon Way to Casoli Pl. The turf and ground cover on both sides of Casoli Pl from Ellena West to Candela Dr. The turf and ground cover on both sides of Crema Pl from Ellena West to Candela Dr. Ground Cover area: 89,456 square feet Turf area: 62,999 square feet Hardscape area: 44,826 square feet VG-15 The turf and ground cover on the west side of Rochester Ave from the Southern Pacific Railroad to Base Line Rd. The turf and ground cover on the north side of Base Line Rd from Rochester Ave to Ellena East. The Base Line Rd Median from Rochester Ave to Ellena East. The turf and ground cover on the east side of Ellena East from Base Line Rd and continuing along that curb line to 275 feet north of Berra Rd. The turf and ground cover on both sides of Berra Rd from Ellena East to Comiso Way. Ground Cover area: 58,588 square feet Turf area: 57,306 square feet Hardscape area: 36,014 square feet VG-16 The paseo from Base Line Rd to Ellena West with entrances to Amelia Dr and Pavola Dr. Ground Cover area: 9,661 square feet Turf area: 11,529 square feet Hardscape area: 5,804 square feet VG-17 The paseo from Fairmont Way to the Southern Pacific Railroad. The paseo from Fabriano Pl to Martano Pl. Ground Cover area: 35,351 square feet Turf area: 40,291 square feet Hardscape area: 16,394 square feet VG-18 The paseo from Rapallo Dr to Gandino Dr and south to the Southern Pacific Railroad. Ground Cover area: 4,281 square feet Hardscape area: 1,308 square feet VG-19 The paseo from Tolentino Dr to Pizolli Pl and to Tolentino Dr. Ground Cover area: 12,555 square feet Turf area: 17,856 square feet Hardscape area: 7,380 square feet Page 132 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 16 Fiscal Year 2024/25 VG-20 The turf on the east side of Milliken Ave from 730 feet south of Victoria Park Ln to Victoria Park Ln. The ground cover on the east side of Milliken Ave from 766 feet south of Victoria Park Ln to Victoria Park Ln. The turf and ground cover on the south side of Victoria Park Ln from the southeast corner at Milliken Ave heading east to Fairmont Way. The turf and ground cover on the north side of Victoria Park Ln from Parma Pl to the northeast corner of Milliken Ave and Victoria Park Ln. The ground cover on the west side of Parma Pl from Victoria Park Ln to Lomello Way. The Victoria Park Ln median from Milliken Ave to Pandino Ct. The Milliken Ave median from Victoria Park Ln to 440 feet south of Kenyon Way. The parkway on the west side of Milliken Ave from 420 feet south of Kenyon Way to Victoria Park Ln. Ground Cover area: 96,750 square feet Turf area: 77,461 square feet Hardscape area: 22,177 square feet VG-21 The ground cover on the east side of Parma Pl from Victoria Park Ln to Lomello Way. The ground cover on the north side of Victoria Park Ln from Parma Pl to 653 feet east of Kenyon Way. The turf on the north side of Victoria Park Ln from Parma Pl to 547 feet east of Kenyon Way. The turf and ground cover on the south side of Victoria Park Ln from Fairmont Way to 422 feet east of Kenyon Way. The turf and ground cover on the east and west sides of Kenyon Way from Victoria Park Ln to the Southern Pacific Railroad. The paseo from Kenyon Way to Rapallo Dr. The paseo from Kenyon Way to Bari Dr. The Victoria Park Ln median from Pandino Ct to Portofino Dr. Ground Cover area: 85,865 square feet Turf area: 41,994 square feet Hardscape area: 34,478 square feet VG-22 The ground cover on the north side of Victoria Park Ln from 653 feet east of Kenyon Way to Rochester Ave. The turf on the north side of Victoria Park Ln from 547 feet east of Kenyon Way to Rochester Ave. The Victoria Park Ln median from Portofino Dr to Rochester Ave. The turf and ground cover on the south side of Victoria Park Ln north of the sidewalk from Kenyon Way to the east side of Vintage Park. The turf and ground cover on the south side of Victoria Park Ln from the east side of Vintage Park to Rochester Ave. The turf and ground cover on the west side of Rochester Ave from Victoria Park Ln to the Southern Pacific Railroad. Ground Cover area: 115,144 square feet Turf area: 57,927 square feet Hardscape area: 20,863 square feet Page 133 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 17 Fiscal Year 2024/25 VG-23 The turf and ground cover on the east side of Kenyon Way from Victoria Park Ln to 409 feet west of Grimaldi Rd. The ground cover on the south side of Portofino Dr from Kenyon Way to Bergano Pl. The turf and ground cover on the north and south side of Lark Dr from Kenyon Way to the west property line of Rancho Cucamonga High School. The ground cover on the east and west side of Matera Pl from Lark Dr to Pescara Rd. The ground cover on the north and south side of Grimaldi Rd from Kenyon Way to Brindisi Ct. The turf and ground cover on the west side of Kenyon Way from Lark Dr to Victoria Park Ln. The ground cover on the north and south side of Marcello Way from Kenyon Way to Landriano Pl. The paseo from southwest corner of Kenyon Park to Kenyon Way. Ground Cover area: 63,733 square feet Turf area: 82,565 square feet Hardscape area: 39,297 square feet VG-24 The north side of Kenyon Way from Autumn Glen Ct to Woodruff Pl. The east side of Woodruff Pl from Kenyon Way to 403 feet north of Kenyon Way. Ground Cover area: 8,447 square feet Turf area: 5,320 square feet Hardscape area: 5,622 square feet VG-25 The paseo west of Torino Rd from Kenyon Way to Highland Ave. The turf and ground cover on the south side of Highland Ave from the northwest corner of Tract 13440 to the east end of Tract 13440. Ground Cover area: 40,800 square feet Turf area: 24,134 square feet Hardscape area: 14,353 square feet VG-26 The paseo from Brindisi Ct to Messina Pl. The turf and ground cover on the north side of Brindisi Ct to the end of the cul-de-sac. The turf and ground cover on the west side of Messina Pl from the paseo to Treviso Way. Ground Cover area: 18,905 square feet Turf area: 1,141 square feet Hardscape area: 3,615 square feet VG-27 The Milliken Ave median from 440 feet south of Kenyon Way to Highland Ave. The parkway on the west side of Milliken Ave from 420 feet south of Kenyon Way. Ground Cover area: 4,030 square feet Turf area: 3,006 square feet Hardscape area: 4,222 square feet VG-28 The east side of Rochester Ave from Victoria Park Ln to Highland Ave. Ground Cover area: 60,902 square feet Hardscape area: 5,593 square feet Page 134 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 18 Fiscal Year 2024/25 VG-29 The north side of Kenyon Way from Milliken Ave to Fairmont Way. The groundcover on the east side of Fairmont Way, east of the sidewalk, from Kenyon Way to the 210 freeway. Ground Cover area: 20,178 square feet Turf area: 16,877 square feet Hardscape area: 5,736 square feet VG-30 The south side of Tresenda Dr from Santo Pl to Sappada Pl. The paseo from Sappada Pl to Carano Pl. The south side of Montella Dr from Carano Pl to Trivento Pl. Ground Cover area: 6,797 square feet Turf area: 2,462 square feet Hardscape area: 4,860 square feet VG-31 The east side of Brienza Pl from Larino Dr to Letini Dr. The west side of Tindari Pl from Letini Dr to Larino Dr. The greenbelt on the south side of Marconi Pl from Trivento Pl to Comiso Way. The east side of Comiso Way from Scalea Pl to Santo Pl. Ground Cover area: 23,419 square feet Turf area: 18,351 square feet Hardscape area: 13,764 square feet VG-32 The north side of Candela Dr from Terni Pl to Bettola Pl. Ground Cover area: 20,172 square feet Turf area: 8,190 square feet Hardscape area: 8,292 square feet VG-33 The paseo at the north end of Sapri Pl to the Southern Pacific Railroad. Ground Cover area: 894 square feet Hardscape area: 318 square feet VG-34 The paseo at the north end of Bronte Pl to the Southern Pacific Railroad. Ground Cover area: 894 square feet Hardscape area: 318 square feet VG-35 The east side of Rochester Ave from 555 feet south of Palmi Dr to Victoria Park Ln. The south side of Victoria Park Ln and median from Rochester Ave to east side of Deer Creek Channel. Ground Cover area: 53,646 square feet Turf area: 11,150 square feet Hardscape area: 17,555 square feet Page 135 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 19 Fiscal Year 2024/25 VG-36 The north side of Victoria Park Ln from the east side of Deer Creek Channel to Rochester Ave. Ground Cover area: 55,780 square feet Turf area: 10,500 square feet Hardscape area: 8,004 square feet VG-37 The paseo at the end of Ardmoor Ct to the Southern Pacific Railroad. Ground Cover area: 1,350 square feet Hardscape area: 950 square feet VG-38 The east side of Milliken Ave from 106 feet north of Victoria Park Ln to Kenyon Way. The north and south side of Spring Mist Dr from Milliken Ave to Summerstone Ct. The south side of Kenyon Way from Milliken Ave to Kenyon Park. Ground Cover area: 28,051 square feet Turf area: 4,533 square feet Hardscape area: 12,879 square feet VG-39 The north side of Victoria Park Ln from Kenyon Way paseo to 132 feet east of Milliken Ave. The Kenyon Way paseo from Victoria Park Ln to Fairwinds Ct. The paseo from Victoria Park Ln to the south west corner of Kenyon Park. Ground Cover area: 55,089 square feet Turf area: 13,120 square feet Hardscape area: 7,676 square feet VG-40 The south side of Highland Ave from 413 feet west of Highland Ave paseo to Highland Ave paseo. The east side of Highland Ave paseo from Highland Ave to Kenyon Way. The north side of Kenyon Way from Highland Ave paseo to Autumn Glen Ct. Ground Cover area: 56,553 square feet Hardscape area: 12,314 square feet VG-41 The west side of Rochester Ave from 294 feet south of Highland Ave to Lark Dr. The north side of Lark Dr from Rochester Ave to 1230 feet west of Rochester Ave. Ground Cover area: 31,413 square feet Hardscape area: 13,338 square feet VG-42 The south side of Highland Ave from 1,314 feet west of Rochester Ave to Rochester Ave. The west side of Rochester Ave from Highland Ave to 294 feet south of Highland Ave. The north side of Highland Ave from Rochester Ave to Woodruff Pl. Ground Cover area: 40,346 square feet Hardscape area: 15,445 square feet Page 136 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 20 Fiscal Year 2024/25 VG-43 The north side of Victoria Park Ln and the median from Day Creek Blvd to Day Creek Channel. The east and west side of Kensington Pl from Victoria Park Ln to Stratford Dr. Ground Cover area: 70,669 square feet Turf area: 7,888 square feet Hardscape area: 18,426 square feet VG-44 The west side of Day Creek Blvd from 572 feet north of Silverberry St to Day Creek Blvd. The south side of Silverberry St from Kensington Pl to Day Creek Blvd. Ground Cover area: 36,835 square feet Hardscape area: 24,376 square feet VG-45 The west side of Milliken Ave and the Milliken Ave median from the 210 freeway to Kenyon Way. Ground Cover area: 10,658 square feet Turf area: 610 square feet Hardscape area: 5,589 square feet VG-46 The Base Line Rd median from 657 feet east of Virginia Pl to Rochester Ave. The north side of Base Line Rd from 278 feet east of Virginia Pl to Rochester Ave. The paseo from the northeast corner of Rochester Ave and Base Line Rd to Huntley Dr. The east side of Rochester Ave from Base Line Rd to 105 feet north of Shenandoah Dr. Ground Cover area: 35,823 square feet Hardscape area: 23,645 square feet VG-47 The north side of Base Line Rd from 400 feet east of Day Creek Blvd to Day Creek Blvd. Base Line Rd median from Day Creek Blvd to 595 feet east of Day Creek Blvd. Ground Cover area: 9,515 square feet Hardscape area: 7,926 square feet VG-48 The east side of Day Creek Blvd and median from Base Line Rd to Victoria Park Ln. The south side of Victoria Park Ln from Day Creek Blvd to 390 feet east of Day Creek Blvd. Ground Cover area: 50,318 square feet Turf area: 3,234 square feet Hardscape area: 29,217 square feet Page 137 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 21 Fiscal Year 2024/25 VG-49 The north side of Victoria Park Ln and median from 390 feet east of Day Creek Blvd to Day Creek Blvd. The east side of Day Creek Blvd from Victoria Park Ln to Highland Ave. The south side of Highland Ave from Day Creek Blvd to 440 feet east of Day Creek Blvd. Ground Cover area: 51,459 square feet Turf area: 3,930 square feet Hardscape area: 32,296 square feet VG-50 The west side of San Carmela Ct from 389 feet north of Base Line Rd to Base Line Rd. The north side of Base Line Rd from Carmela Ct to 264 feet west of Durness Pl. Ground Cover area: 18,043 square feet Hardscape area: 12,383 square feet VG-51 The Paseo south of Saxon Dr to Southern Pacific Railroad. Ground Cover area: 1,398 square feet Hardscape area: 969 square feet VG-52 The north side of Sugar Gum St from Milliken Ave to Kensington Pl. The south side of Sugar Gum St from Milliken Ave to 111 feet east of Suffolk Pl. Ground Cover area: 4,362 square feet Hardscape area: 3,325 square feet VG-53 The south side of Victoria Park Ln from 296 feet west of Kensington Pl to Milliken Ave. The west side of Day Creek Blvd from Victoria Park Ln to 397 feet south of Sugar Gum St. Ground Cover area: 28,532 square feet Turf area: 11,070 square feet Hardscape area: 7,720 square feet VG-54 The east side of Rochester Ave from Shenandoah Dr to the Southern Pacific Railroad. Ground Cover area: 6,864 square feet Hardscape area: 5,136 square feet VG-55 The paseo north of Westhaven Pl to the Southern Pacific Railroad. Ground Cover area: 1,775 square feet Hardscape area: 2,575 square feet Page 138 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 22 Fiscal Year 2024/25 VG-56 The south side of Highland Ave from 1,317 feet west of Day Creek Blvd to 1,085 feet west of Day Creek Blvd including the non-irrigated slope on the south side of the sidewalk. Ground Cover area: 5,274 square feet Hardscape area: 1,761 square feet VG-57 The north side of Highland Ave from Fairmont Way to the Day Creek Channel. Ground Cover area: 16,157 square feet Hardscape area: 17,405 square feet VG-58 The south side of Kenyon Wy from the Kenyon Park paseo entrance to Lark Dr. The south side of Lark Dr. from 568 feet west of Kenyon Wy to Kenyon Wy. The paseo east of Kenyon Park from Kenyon Wy to the east/west paseo of site VG-23. Ground Cover area: 24,072 square feet Hardscape area: 9,807 square feet Ground cover, shrubs and turf areas that make up parkways, median islands and paseos are maintained under contract by a private landscape maintenance company. Parks are maintained by the City's Park Maintenance Crews. Map of Improvements The following page shows the approximate location (for reference only – may not include all) of landscaping improvements, including irrigation sites, and parks and community trails to be maintained by the District. Page 139 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 23 Fiscal Year 2024/25 Page 140 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 24 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of maintenance and servicing of the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Personnel Services: Regular Salaries 667,190$ Overtime Salaries 4,000 Part-time Salaries 70,330 Fringe Benefits 355,290 Subtotal - Personnel 1,096,810 Operations and Maintenance: Operations and Maintenance: O & M/General 89,300 Contract Services: Contract Services/General 1,847,720 Tree Maintenance 392,330 Contract Vehicle Maintenance and Repair 5,000 Subtotal - Contract Services 2,245,050 Utilities: Water Utilities 738,980 Electric Utilities 51,630 Subtotal - Utilities 790,610 Assessment Administration 24,760 Admin./General Overhead 513,220 Interfund Allocation 86,840 Subtotal - Operations and Maintenance 3,749,780 Capital Expenditures: Captial Outlay - Improvements Other Than Building 222,000 Captial Projects 1,091,460 Subtotal - Capital Expenditures 1,313,460 Total Expenditures Budget 6,160,050$ Page 141 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 25 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 4,240,500$ Anticipated Prior Year Delinquencies Collection 27,410 Subtotal - Taxes 4,267,910 Other Revenues: Park Maintenance Fees 960 Transfer In: Transfer In - General Fund 370,940 T otal Revenues Budget 4,639,810 Contribution to/(Use of) Fund Balance (1,520,240)$ Total Gross Estimated Assessments 4,240,500.57$ Total District EBU Count 81,554.11 Actual Assessment per EBU - Fiscal Year 2024/25 52.00$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 54.23$ Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per Equivalent Benefit Unit (“EBU”) will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be the same or lower than the maximum allowable assessment; however, it may not exceed the maximum after the application of the cost of living inflator, as defined in this report, unless the excess increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 3,288,098$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 (1,520,240) Estimated Reserve Fund Balance, June 30, 2025 1,767,858$ Page 142 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 26 Fiscal Year 2024/25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget for the maintenance and servicing of the improvements: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Page 143 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 27 Fiscal Year 2024/25 BENEFITS FROM IMPROVEMENTS AND QUANTIFICATION Benefits from Improvements The improvements previously defined are expected to confer certain special benefits to parcels within the District. The benefits are described below. Sidewalks and Community Trails People walk for a variety of reasons, whether the reason is to commute to work or school, run errands, shop, leisure activities, fitness, or some other purpose. To enhance the overall walking experience, pedestrians seek out and utilize sidewalk facilities and community trails that are in close proximity to their property and provide a safe place to walk as well as an environment that provides a certain amount of visual interest. Sidewalks and community trails serve as a critical component in the transportation network providing users access to parks and recreational areas, schools, commercial areas, and neighbors. According to the U.S. Department of Transportation Federal Highway Administration (FHWA) sidewalks provide many benefits including safety, mobility and healthier communities (FHWA, n.d). • Improved Aesthetics: A survey conducted by DMB (an Arizona based commercial developer) found that there was a strong demand for communities characterized by pedestrian access, a sense of connection, and a sense of community and diversity (Urban Land Institute, 2006). According to the Urban Land Institute report Creating Walkable Places: Compact Mixed-Use Solutions, people want their neighborhoods to provide more opportunities to walk (Urban Land Institute, 2006). A survey sponsored by the Surface Transportation Policy Project found that 55% of respondents would like to walk more, 63% would like to run errands on foot and walk to stores, and 79% would like sidewalks and other places to walk and exercise (Urban Land Institute, 2006). The continued maintenance of the inter-connecting sidewalks and community trails improves the livability and appeal for properties within the District. • Increased Safety: According to the FHWA, sidewalks reduce roadway accidents, including pedestrian/motor vehicle accidents. In addition, roadways without sidewalks are more than twice as likely to have pedestrians involved in accidents compared to sites with sidewalks on both sides of the street (FHWA, n.d.). In 2008, the National Highway Traffic Safety Administration’s (NHTSA) National Pedestrian Crash Report identified California as one of the states with the highest number of pedestrian deaths (NHTSA, 2008). • Economic Activity: Uniform and well-maintained sidewalk and community trail improvements create cohesion throughout the District. This cohesion enhances both the residential and retail experience as well as encourages maximum use of building and lot area. According to Active Living Research (2010), economic benefits of walkable developments include enhanced marketability and faster sales or leases than conventional development. The National Complete Streets Coalition notes that street Page 144 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 28 Fiscal Year 2024/25 design that is inclusive of all modes of transportation, where appropriate, not only improves conditions for and access to existing businesses, but also is a proven method for attracting new development (Pugliese, 2008). Street Landscaping The overall appeal and safety of an area is enhanced when landscaping improvements are in place and kept in a healthy and satisfactory condition. Conversely, appeal and safety decreases when landscaping is overgrown, unsafe or destroyed by the elements or vandalism. • Improved Aesthetics: Street landscaping improvements improve the livability, commercial activity, appearance and desirability for properties within the boundaries of the District. Regular maintenance ensures that the improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties adjacent to or in close proximity to the improvements within the District. According to the Victoria Transport Policy Institute (2011), streetscapes have a significant effect on how people view and interact with their community. With streetscapes that are safe and inviting, people are more likely to walk, which can help reduce automobile traffic, improve public health, stimulate local economic activity and attract residents to the community. • Increased Safety: Safety for pedestrians involves not only a degree of protection from vehicular accidents, but also from criminal activity. Well maintained areas mitigate crime, especially vandalism, and enhance pedestrian safety. A recent study has found that after landscape improvements were installed, there was a 46% decrease in crash rates across urban arterial and highway sites and a second study reviewed found a 5% to 20% reduction in mid-block crashes after trees and planters in urban arterial roads were put in place. In addition, there is less graffiti, vandalism, and littering in outdoor spaces with natural landscapes than in comparable plant-less spaces (Wolf, 2010). The Victoria Transport Policy Institute (2011) has found that streetscapes reduce traffic speeds, and when combined with improved pedestrian crossing conditions, can significantly reduce collisions. Furthermore, maintained sidewalks and trails increase pedestrian safety by reducing the number of trips and falls from those using the improvements. • Economic Activity: Well -maintained street landscape improvements not only make adjacent properties appear more stable and prosperous, but can spur investment in the property. According to the FHWA, landscaped sidewalks create an inviting place for customers to shop and do business (FHWA, 2001). Parks Park facilities enhance the overall quality of an area and are an important component of complete and sustainable neighborhoods. Neighborhood parks offer both active and passive recreational opportunities: a place to play, exercise, spend time with neighbors, or relax. The parks within the District are developed and maintained to appeal to all age groups and interests, Page 145 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 29 Fiscal Year 2024/25 and promote a healthy community. Recreation and park facilities have proven to be a potent factor in maintaining a high standard of livability in the community. • Improved Aesthetics. The park improvements provide beautification, shade and enhancement to properties, which creates a sense of community for the parcels within the District. The overall appeal and desirability of an area is enhanced when public parks and recreational facilities are in place, improved, operable, safe, clean and maintained. Conversely, appeal and desirability decrease when park and recreational facilities are unsafe or destroyed by the elements or vandalism. According to The Trust for Public Land, Corporate CEOs say that employee quality of life is the third most important factor in locating new businesses (Harnik and Welle, n.d.). • Economic Activity: Parks attract both businesses and residents to communities. According to The Trust for Public Land, small company owners say recreation, parks and open spaces in close proximity to properties used for business purposes are the highest priority in choosing a new location for their businesses. As a result of the collective improvements (sidewalks, community trails, street landscaping and parks) being maintained, the overall livability for properties within the District will increase. Livability encompasses several qualities and characteristics that are unique to a specific area. The Victoria Transport Policy Institute (2011) expands on the concept of livability and the various benefits associated with that designation: The livability of an area increases property desirability and business activity. Livability is largely affected by conditions in the public realm, places where people naturally interact with each other and their community, including streets, parks, transportation terminals and other public facilities. Livability also refers to the environmental and social quality of an area as perceived by employees, customers and visitors. This includes local environmental conditions, the quality of social interactions, opportunities for recreation and entertainment, aesthetics, and existence of unique cultural and environmental resources. Quantification of Benefit As a result of the District maintenance and servicing activities, there will be a level of general benefits to people that do not live in or intend to conduct business within the District. In order for property within the District to be assessed only for that portion of special benefits received from the District maintenance and servicing activities, general benefits provided by the ongoing maintenance and servicing of the improvements needs to be quantified. The amount of general benefit that is provided from the District maintenance activities cannot be funded via property owners’ assessments. The District currently consists of 5,843 single family residences, 525 condominium units, 589 multi-family (apartment) units, 51.88 acres of commercial property, 4 schools, 1 Church, 1 fire Page 146 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 30 Fiscal Year 2024/25 station, and 56.54 acres of undeveloped property. Properties are classified by their land use code as shown on San Bernardino County’s latest secured roll. Sidewalks and Community Trails The City is comprised of many smaller communities located throughout the City. Most of the communities have parks and schools that are proximate to and serve the residents in their immediate vicinity. There are four schools in addition to the six parks within the District. Two of the four schools have school District boundaries that are only within the District. However, two of the schools include areas outside of the District as part of their school district boundaries. The primary reason persons living outside the District would enter the District would be to access the schools. Therefore, we must consider the school district boundary areas outside of the District when analyzing the pedestrian traffic that may use the sidewalks and community trails within the District. The Summary of Travel Trends, 2009 National Household Travel Survey (NHTS) prepared by the U.S. Department of Transportation Federal Highway Administration (FHWA, 2011) analyzed the number of person trips by various modes of transportations such as private vehicle, transit, walking or some other means of transportation. According to the Pacific Division data extracted from the 2009 NHTS database, of the annual 181,703 (in millions) total person trips, 21,252 (in millions) or 11.70% of those person trips were made by using walking as their mode of transportation (FHWA, 2011). According to the U.S. Census Bureau (2010), the average household size in the City is 2.98 persons. Based on this average household size, and considering there are 6,957 residential units within the District, there are approximately 20,732 people residing within the District boundaries. There are an estimated 12,000 residential units within the school district boundaries that are not within the boundaries of the District. Based on the City’s average household size, there are approximately 35,760 persons residing outside of the District boundaries, but within the school district boundaries. The following shows the estimated number of residential units and persons within the school district boundaries and either within or outside the District boundaries: School District Population Estimated Number of Residential Units Estimated Number of Persons Within District Boundaries 6,957 20,732 Outside District Boundaries 12,000 35,760 Total Population 18,957 56,492 In order to determine the estimated total number of persons who are within close proximity to the sidewalk and trail improvements, and would utilize walking as their mode of transportation, we applied the 11.70% of person trips reported from the NHTS Pacific Division study, to the total number of persons within District and school district boundaries (56,492). There are Page 147 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 31 Fiscal Year 2024/25 approximately 6,610 people within proximity of the District that utilize walking as their mode of transportation. Applying the 2009 NHTS walking trip percentage to the District population (20,732), we estimate that of the 6,610 persons who are within close proximity of the District and use walking as their primary mode of transportation, 2,426 people are within the District boundaries. Therefore, the total surrounding neighborhood area population, located outside of the District boundaries, but in close proximity to the sidewalk and trail improvements, who use walking as their primary mode of transportation is estimated to be 4,184 people. School District Population Estimated Number of Persons Within District Boundaries 2,426 Outside District Boundaries 4,184 Total Population – uses walking as primary mode of transportation 6,610 In order to obtain a better picture of the overall level of general benefit provided by the sidewalk and community trail improvements, the pedestrian traffic that utilizes walking as the mode of transportation that will seek out and use sidewalks and community trails within the District’s boundaries, but live outside of the District, must be considered. The 2009 NHTS further details the purposes of the 21,252 (in millions) reported walking trips. Based on the property types within the District, people utilizing the sidewalks and community trails within the District would most likely do so for the following reasons: walking to school, day care or religious activity, social or recreational activities, and shopping or running errands. The following details the number of walking trips, based on the 2009 NHTS study, for each of the activities that are the most likely reasons people outside of the District would use the sidewalk and community trail improvements within the District: Trip Purpose Number of Walking Trips (in millions) School/Daycare/Religious Activity 872 Shopping/Errands 5,820 Social/Recreational 2,268 Don’t know/Other 139 Total 9,099 Of the total number of walking trips reported, 9,099 (in millions) or 42.81% are for purposes that persons outside of the District would utilize the sidewalk and trail improvements within the District. Applying this percentage (42.81%) to the number of people using walking as their mode of transportation and that live outside of the District (4,184), but use the sidewalks and community trails within the District, there are approximately 1,791 people using the maintained sidewalks and community trails for general benefit purposes. The persons engaging in general benefit activities represents 3.17% of the total school district population (56,492), and is therefore considered to be District general benefit. Page 148 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 32 Fiscal Year 2024/25 School District Boundary General Benefit 3.17% Given the location and nature of the improvements, it is very unlikely the public at large would seek out or use the sidewalks and trails within the District, but would use those proximate to their own properties. The City has regional trails that connect different areas of the City, and those trails do appeal to and attract other residents of the City as well as residents that live outside the City. Nevertheless, it is likely that certain members of the public at large use the sidewalks or community trails within the District. As such, we have assigned a 1.00% general benefit for the sidewalk and community trails to the public at large. Public at large General Benefit 1.00% Based on the above calculations, the general benefit portion of the improved aesthetics, increased safety, and economic activity benefits resulting from the sidewalk and trail improvements is estimated to be 4.17% and the special benefit is estimated to be 95.83%. Sidewalk and Trail General Benefit 4.17% Street Landscaping Based upon the City’s General Plan (2010) Roadway Hierarchy, the streets within the District are classified into one of the following categories: arterial, collector, or local (minor) streets. The majority of street landscaping is located along roads classified as collector and local streets and primarily situated within the public right-of-ways of the internal local street network. A portion of the maintained landscaping is, however, located along the arterial streets, and, as such, provides some general benefit to pass-through traffic. Local Streets For purposes of determining general and special benefits, all streets within the District other than the specific streets listed as collector and arterial streets below are considered local streets. The local streets within the District were intended to serve individual neighborhoods and not to be pass-through streets, but cul-de-sacs or loop roads to reduce through traffic (Victoria Community Plan, 1980). In addition, according to the City’s General Plan (2010), the primary intended purpose of local streets is to serve fronting properties. From a visual inspection of the layout of the District one must conclude that the purpose of the local streets is exclusively intended for the benefit of the parcels on such streets. There is no local street that provides a direct or efficient means of traveling from one place to another such that one could reasonably expect a driver to purposefully choose the District’s local streets as the best route for travel unless necessary because the route either began or ended with a parcel in the District. A route beginning or ending with a parcel within the District does not include the “general public” for purposes of determining general benefit. Page 149 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 33 Fiscal Year 2024/25 However, one can imagine a minimal degree of pass through traffic even on something such as a cul-de-sac. As expressed by the Court in Beutz v. County of Riverside (2010), “... courts of this state have long recognized that virtually all public improvement projects provide general benefits." Given the location to the schools, parks, and shopping in the City, there are bound to be drivers that make use of the local streets for no other reason but to turn around or go back from where they came, especially if they are dropping their children off at one of the schools. Additionally, given the nature of the street landscaping, one could imagine a small degree of “residential tourism” wherein drivers are in fact simply “passing through” to enjoy the beautiful views of the homes, the natural surroundings or visiting friends. A conservative estimate of 1.00% for each scenario would result in the general benefit portion of the improved aesthetics, increase safety, and economic activity benefits resulting from the street landscaping improvements on local streets to be 2.00% and the special benefit is estimated to be 98.00%. Local Street General Benefit 2.00% Collector Streets: Victoria Park Ln, Etiwanda Ave, Highland Ave and Church St Because of the similarities in use, layout, type, and designation, the benefits of Victoria Park Ln, Etiwanda Ave, Highland Ave and Church St are considered to be equal. Etiwanda Ave, Highland Ave and Church St border the District and are used as the main access to and from properties within the District. Victoria Park Ln serves as the main access point to each of the four schools and is the connector street running through the District. Victoria Park Ln , Etiwanda Ave , Highland Ave and Church St connect the various neighborhoods, schools and parks within the District in addition to providing circulation between the local streets and the arterial network. As such, we must also consider the neighborhoods that surround the District and are within the school district boundaries, but not within the actual District when analyzing vehicle traffic that may use the streets within the District. The City’s Traffic Study (2009) does not include the traffic volume and number of daily trips on the connector streets within the District. As such a study is unavailable at this time we have use the NHTS Pacific Division data in order to estimate the number of drivers who use the streets within the District. According to the Pacific Division data extracted from the NHTS database, of the annual 181,703 (in millions) total person trips, 152,827 (in millions) or 84.11% of those trips were made using a personal motor vehicle (FHWA, 2011). According to the 2001 National Household Travel Survey, household file, U.S. Department of Transportation (2001), the mean drivers per household is 1.75. Based on the drivers per household average, and considering the 6,957 households within the District, there are approximately 12,175 drivers within the District. There are an estimated 12,000 residential units within the school district boundaries that are not within the boundaries of the District. Based on the drivers per household average, there are approximately 21,000 additional drivers that reside outside of the District boundaries, but are in close proximity to the District. Page 150 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 34 Fiscal Year 2024/25 School District Population Estimated Number of Residential Units Estimated Number of Drivers Within District Boundaries 6,957 12,175 Outside District Boundaries 12,000 21,000 Total 18,957 33,175 Applying the percentage of vehicle trips (84.11%) reported from the NHTS Pacific Division study to the District and school district boundaries area outside of the District population sets (33,175), approximately 27,903 people are within proximity of the District that utilize a private vehicle as their primary mode of transportation. Applying the 2009 NHTS vehicle trip percentage to the estimated number of drivers within the District (12,175) approximately 10,240 people within the District boundaries use a personal vehicle as their primary mode of transportation. Therefore, the total surrounding neighborhood area population, located outside of the District boundaries, that uses a vehicle as their mode of transportation is estimated to be 17,663 people. School District Population Estimated Number of Persons Within District Boundaries 10,240 Outside District Boundaries 17,663 Total Population – uses personal vehicle as primary mode of transportation 27,903 In order to obtain a better picture of the overall level of general benefit provided by the improvements, the vehicle traffic that will seek out and use the collector streets to access parcel’s within the District, but live outside of the District, must be considered. The 2009 NHTS further details the purposes of the 152,827 (in millions) reported vehicle trips. Based on the property types within the District, people utilizing the collector streets to access properties within the District would most likely do so for the following reasons: attend school, day care or religious activity, social or recreational activities, and to shop or run errands. The following details the number of vehicle trips for each of the activities that are the most likely reasons people outside of the District would use the collector streets to access properties within the District: Trip Purpose Number of Vehicle Trips (in millions) School/Daycare/Religious Activity 6,470 Shopping/Errands 30,998 Social/Recreational 16,185 Don’t know/Other 688 Total 54,341 Of the total number of vehicle trips reported, 54,341 (in millions) or 35.56% are for purposes that persons outside of the District would most likely utilize the collector streets within the District. Applying this percentage to the number of people using vehicles as their primary mode of Page 151 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 35 Fiscal Year 2024/25 transportation and live outside of the District (17,663), but would use Victoria Park Ln, Etiwanda Ave, Highland Ave or Church St as a connector to their destination within the District, there are approximately 6,281 people using the maintained streets for general benefit purposes. The persons engaging in general benefit activities represents 18.93% of the total estimated drivers (33,175), and is therefore considered to be District general benefit. As previously mentioned, the local street special benefit has been estimated at 98.00% and, as such, the estimated minimum special benefit of Victoria Park Ln, Etiwanda Ave, Highland Ave and Church St should be reduced by 2.00% to account for that portion of traffic using local streets representing general benefit. Based on the above calculations, the general benefit portion of the improved aesthetics, increased safety, and economic activity benefits resulting from the street landscaping improvements on collector streets is estimated to be 20.93% and the special benefit is estimated to be 79.07%. Collector Street General Benefit 20.93% Arterial Streets: Milliken Ave , Base Line Rd, Day Creek Blvd and Rochester Ave Arterial streets are intended to provide a higher degree of mobility and generally serve longer vehicle trips. The arterial streets with landscape improvements serve not only residents in the immediate vicinity, but persons who live outside of the District and are passing by. The City’s Traffic Study (2009) does not identify the percentage of traffic on arterial streets, which is pass- through traffic. Before we determine and allocate the percentage of special and general benefit for the arterial streets, we must first compute the estimated pass-through traffic. In lieu of having a study that identifies the pass-through traffic on the arterial streets, the estimated number of special benefit trips on the collector streets has been used since in order to enter or exit the District, a vehicle must travel on one of the arterial streets listed below. Per the City’s General Plan (2010), collector streets have an estimated 5,000 to 20,000 vehicles per day, for an average of 12,500. Taking the 12,500 average daily trips for collector streets, 2,616 trips (20.93%) are for general benefit purposes, and 9,884 trips (79.07%), is deemed to be for special benefit purposes. Estimated Number of Trips Collector Street Special Benefit – 79.07% 9,884 Collector Street General Benefit – 20.93%1 2,616 Total 12,500 (1) The 20.93% general benefit percentage already includes the 2.00% general benefit to account for the portion of traffic using for local streets. The City’s Traffic Study (2009) does provide an estimated number of daily trips for specific areas within the District. When the City’s Traffic Study (2009) did not provide the estimated number of daily trips the average number was derived from the estimates provided in the City’s General Plan. Page 152 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 36 Fiscal Year 2024/25 Street Name Average Number of Vehicles per Day1 Milliken Ave 30,400 Base Line Rd 19,140 Day Creek Blvd 25,000 Rochester Ave 12,500 (1) Average Number of Vehicles per Day is from the City’s Traffic Study for Milliken Ave and Base Line Rd, (average based on City’s Traffic Study at points of street within the District), and from the City’s General Plan for Day Creek Blvd and Rochester Ave. Based on the estimated number of 9,884 trips for special benefit purposes, we then reduce the average number of vehicles for each arterial street, to calculate our estimated pass-through trips. The pass-through trips are vehicles driving along the maintained streets within the District for a portion of their trips, but not residing in the District or benefiting from the landscaping improvements in place. Street Name Average Number of Vehicles per Day Less: Estimated Special Benefit Trips Estimated Number of Pass Through Trips Estimated % General Benefit Milliken Ave 30,400 9,884 20,516 67.49% Base Line Rd 19,140 9,884 9,256 48.36% Day Creek Blvd 25,000 9,884 15,116 60.47% Rochester Ave 12,500 9,884 2,616 20.93% Although Rochester Ave is listed as an arterial, the City’s General Plan (2010) Roadway Hierarchy includes this street as a Tertiary Travel Corridor, which categorizes the street as more locally oriented and locally travelled. In addition, the Roadway Hierarchy says that the typical number of vehicles per day is between 10,000 and 15,000 (average 12,500). Etiwanda Avenue and Church St are also included in the category, and as such, the general benefit trip percentage is close to the same as for the collector streets. As previously mentioned, the estimated minimum special benefit of Milliken Ave, Base Line Rd, Day Creek Blvd and Rochester Ave have already been reduced by 2% to account for that portion of traffic using local streets representing general benefit. Street Landscaping General Benefit Percentage The general benefit percentages determined in the previous sections were then applied to each type of road in the District. The area in square feet of landscaping being maintained in the District was determined by the City’s Public Works Department. The general benefit percentage for each road and street type was multiplied by the total square footage being maintained for such street. The general benefit square footage was summed for all street segments and divided into the total square footage of all landscaping maintenance. The result is the overall general benefit percentage. The following table details this calculation. Page 153 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 37 Fiscal Year 2024/25 Street Name Street Type (1) Total Square Footage General Benefit Percentage General Benefit Square Footage Milliken Ave Arterial 265,926 67.49% 179,473 Base Line Rd Arterial 367,018 48.36% 177,490 Day Creek Blvd Arterial 263,062 60.47% 159,074 Rochester Ave Arterial 175,573 20.93% 36,747 Church St Collector 181,344 20.93% 37,955 Etiwanda Ave Collector 10,358 20.93% 2,168 Highland Ave Collector 290,275 20.93% 60,755 Victoria Park Ln Collector 1,348,966 20.93% 282,339 Local/Minor Streets Local/Minor Streets 2,912,709 2.00% 58,254 Totals: 994,255 Street Landscaping General Benefit 17.10% Based on the above calculations, the general benefit portion of the improved aesthetics, increased safety, and economic activity benefits resulting from the street landscaping improvements is estimated to be 17.10% and the special benefit is estimated to be 82.90%. Neighborhood Parks The six parks within the District were installed specifically for the residents of the District. Each of the parks is considered to be a neighborhood park, intended to serve those parcels within a one -half mile radius from the park. All parcels within the District are within a one-half mile from one of the six neighborhood parks, and most parcels outside of the District have their own neighborhood parks within close proximity. Even though the park facilities were installed for the benefit of the residents and those working within the District, there will be some general benefit to those people who do not live or conduct business inside the District. There are 43.10 acres of park land within the District. According to the Trip Generation (2003) report, a City park generates an average of 1.59 trips per acre, with a range of rates between 1.04 – 8.00 (arithmetic mean is 4.52). Considering the mean rate per acre (4.52 trips), there are approximately 195 daily trips generated for parks within the District. According to the 2009 NHTS database, the average number of persons per vehicle is estimated to be 1.61 persons. Therefore, based on the 195 daily park trips generated, 314 people are using the parks within the District. There is a standard of one -half mile as a reasonable distance to walk to a park (California DOT, 1979). There are 6,957 households within the District, and an additional 1,834 households that are within a one-half mile and have direct access to the parks, but whose properties are not within the boundaries of the District. Page 154 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 38 Fiscal Year 2024/25 One-Half Mile Park Population Estimated Number of Residential Units Percentage Within District Boundaries 6,957 79.14% Outside District Boundaries 1,834 20.86% Total Population 8,791 100.00% To allocate the average of park trips generated and people using the parks within the District, we allocate the 314 estimated people using the parks daily by the percentages shown above. Based on the one-half mile radius population, approximately 66 people may use the parks within the District, but living outside of the boundaries of the District. One-Half Mile Park Population Estimated Number of People Using Parks Daily Within District Boundaries 248 Outside District Boundaries 66 Total Population 314 A factor that has been considered is that most of the people living within the one-half mile radius from the parks within the District also live within a closer distance to other parks that are not within the District, and will most likely use the parks that are closer in proximity to their property. However, in calculating the general benefit usage we recognize that those people may still use the District parks. Taking the 66 persons using the parks within the District, but residing outside of the District, divided by the total population residing outside of the District, but within one-half mile from the parks (1,834), the estimated percentage of persons engaging in general benefit park activities that do not reside within the District represents 3.60%. One-Half Mile Boundary General Benefit 3.60% Given the location and size of the parks, it is very unlikely the public at large would seek out or use these smaller, local parks. Especially, when the City has larger community and regional parks that are intended to attract people from outside areas, and provide recreational opportunities beyond those supplied by the neighborhood parks. However, various sports teams are allowed access to the parks for games even though according to the City, sports teams with members residing within the District are given first priority for use of the parks. Nevertheless, it is likely that certain members of the public at large may use the smaller parks, and as such, we have assigned a 1.00% general benefit for the park improvements to the public at large. Public at large General Benefit 1.00% Page 155 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 39 Fiscal Year 2024/25 Based on the above calculations, the general benefit portion of the improved aesthetics and economic activity benefits resulting from the park improvements is estimated to be 4.60% and the special benefit is estimated to be 95.40%. Park General Benefit 4.60% Collective General Benefit Since the District is comprised of improved aesthetics, increased safety and economic activity benefits resulting from a blend of improvements (sidewalks, trails, street landscaping and parks), the activity of both pedestrians and vehicles must be addressed in a collective form rather than independently. Therefore, the arithmetic mean of the general benefit percentages has been used to quantify the overall level of general benefit for the District. This general benefit result is provided in the table below: Sidewalk and Trail General Benefit 4.17% Street Landscaping General Benefit 17.10% Park General Benefit 4.60% District General Benefit 8.62% The general benefit, which is the percentage of the total budget that must be funded through sources other than assessments, is 8.62%. The special benefit then, which is the percentage of the budget that may be funded by assessments, is 91.38%. METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act, Article XIII D of the California Constitution, and the Proposition 218 Omnibus Implementation Act, all parcels that receive a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by local agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: Page 156 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 40 Fiscal Year 2024/25 The net amount to be assessed upon lands within an assessment district may be apportio ned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Examples of parcels exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and right-of- ways, public greenbelts and public parkways. Furthermore, Proposition 218 requires the City to separate general benefits from special benefits, whereas only special benefits may be assessed. As further detailed in the following sections, the Method of Assessment uses the following components to assign special benefit to each parcel: • Benefit Points: Assignment of points for aesthetic, safety and economic special benefits. • Benefit Factor: Multiplier. For residential parcels the benefit factor is units, and for non- residential parcels the benefit factor is lot size (acreage). • Benefit Units: Sum of a parcel’s benefit points multiplied by the parcel’s benefit factor. The total amount is the special benefit units assigned to a parcel. Apportioning of Special Benefit As previously outlined, each of the parcels within the District receives a special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements and services provided is identified and the proportionate special benefits derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. Page 157 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 41 Fiscal Year 2024/25 The total costs of maintenance and operation, less the amount of general benefits identified, will be assessed to the parcels within the District based on the estimated benefit units assigned to each parcel. To assess special benefits appropriately, it is necessary to relate parcels of different land uses and development status to each other. The benefit unit method of apportionment uses the single-family home as the basic unit of assessment since there is a total of 5,890 single family parcels within the District which represents 90.96% of the total assessable parcels within the District. The following shows how each parcel’s benefit units have been determined. Aesthetic Benefit Points Aesthetic Benefit Points are assigned based upon the property’s proximity to the improvements as well as the property’s existing land use. All Single Family Residential parcels are located within the same proximity to the collective improvements (sidewalks, community trails, street landscaping and one-half mile from one of the parks). Each Single Family Residential parcel is fronted by sidewalk improvements, is within a one-half mile from one of the neighborhood parks, and uses the roads with street landscaping to enter and exit the District. In addition, the community trails are located throughout the District and serve as connectors between the different neighborhoods, school and shopping locations. All properties are within similar proximity to the trail improvements. Many trails are located along the sidewalks and streets, and all properties within the District have access to the trails through the various access points located throughout the entire District. The Single Family Residential parcels within the District are relatively similar in both building size and lot size. Since the improvements are provided uniformly throughout the District, Single Family Residential parcels are assigned 4.00 aesthetic benefit points, one for each of the improvement types. Multi-Family and Condominium parcels are within close proximity to the sidewalks, and receive the benefit of having maintained sidewalks for users to travel and access the property. Although these parcels benefit from the aesthetics of the sidewalks they do not receive the same benefit as Single Family Residential parcels, since Multi-Family and Condominium parcels do not have continuous sidewalk improvements along the frontage of each parcel/unit. Multi-Family and Condominium parcels are within a one-half mile of the neighborhood parks, use the roads with street landscaping to enter and exit their housing complexes within the District, and are in close proximity to the trail improvements. Accounting for the lower average household size of Multi - Family and Condominium parcels, and not having continuous sidewalk improvements directly fronting their property/unit, these properties have a reduced level of benefit from the improvements. Multi-Family and Condominium parcels are assigned 2.80 benefit points. Maintained sidewalks and street landscaping create an aesthetically pleasing environment for both employees and patrons of commercial properties. The overall aesthetics, interest and desirability of commercial properties within the District increase, as a result of the maintenance and servicing of the collective improvements. Based on the City’s Land Use Plan and residential designations of homes within the District, there is an average of six Single Family Residential properties per acre within the District (General Plan, 2010). However, given the nature of their property use type, Commercial properties do not receive the same level of benefit Page 158 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 42 Fiscal Year 2024/25 from the trail and park improvements in relationship to residential land uses. Commercial properties are assigned 16.00 benefit points. A handful of parcels within the District are used to provide public services (such as fire stations, schools, churches and other similar uses) to the surrounding community, and are located based upon their proximity to the parcels they serve. These parcels benefit from the collective improvements in place, but at a reduced level compared to a Single Family Residential parcel, due to the nature of the improvements and their land use. In addition, these public service parcels are in place for the surrounding community, and the existence of well-maintained parks, street landscaping and community trails is not a significant factor in the decision to locate those facilities. Given the nature of their property use types, these public service parcels are assigned a 1.00 benefit points in recognition of the limited benefit they receive from the improvements maintained by the District. Undeveloped parcels within the District receive an aesthetic benefit from the maintenance of the collective improvements, but given the very limited activity and pedestrian access that these properties provide, properties within this land use category receive a reduced level of benefit. To account for this reduced benefit, all undeveloped properties are assigned 0.40 benefit points. Common area, roads and easements are deemed to receive no benefit from the District maintenance activities because they serve as connectors for other properties and do not receive benefit from the increased aesthetics. Utility parcels are located based on their proximity to the parcels they serve, and based upon their property usage (wireless towers, flood control basins and fire trail/access roads) do not benefit from the increased aesthetics. The following shows the aesthetic benefit points assigned to the parcel land use categories within the District: Parcel Land Use Category Aesthetic Benefit Points Single Family Residential 4.00 Condominium Residential 2.80 Multi-Family Residential 2.80 Commercial/Industrial 16.00 Public Service Parcels – Church/Fire Station/School 1.00 Undeveloped 0.40 Common Area/Roads/Easements/Utility 0.00 Page 159 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 43 Fiscal Year 2024/25 Safety Benefit Points Safety Benefit Points are assigned based upon the property’s proximity to the improvements as well as the property’s existing land use. The Single Family Residential parcels within the District are relatively similar in both building size and lot size. Since the sidewalks, trails and street landscaping improvements are provided uniformly throughout the District, Single Family Residential parcels are assigned 3.00 safety benefit points, one for each of the improvement types. Based on the additional pedestrian traffic that commercial property generates compared to residential property, and that there is an average of six Single Family Residential Properties per acre within the District, Commercial parcels are assigned 18.00 benefit points. Multi-Family an d Condominium parcels are within close proximity to the sidewalks, and receive the benefit of having maintained sidewalks, trails and street landscaping for users to travel and access the property. Multi -Family and Condominium parcels receive a reduced level of benefit from the safety of the sidewalks as they do not receive the same benefit as parcels that have continuous sidewalk improvements along the entire frontage of their parcel/unit. In addition, Multi-Family and Condominium parcels have a lower average household size, which results in a reduced volume of pedestrian traffic on the sidewalks and trails compared to a Single Family Residential parcel. Multi -Family and Condominium parcels are assigned 2.10 benefit points. A handful of parcels within the District are used to provide public services (such as fire stations, schools, churches and other similar uses) to the surrounding community, and are located based upon their proximity to the parcels they serve. However, based on the nature and location of the sidewalk and street landscaping improvements and public access to these properties, these parcels receive a safety benefit from the maintenance of the improvements. These public service parcels are assigned 2.00 benefit points in recognition of the benefit they receive. Well maintained green areas reduce the occurrence of crime and vandalism, and as such the maintenance of the improvements within the District create a safety benefit for the undeveloped parcels within the District. However, the safety benefit is reduced compared to a Single Family Residential parcels due to the very limited activity and pedestrian access that these properties provide. Undeveloped properties are assigned 0.30 benefit points. Common area, roads and easements are deemed to receive no benefit from the District maintenance activities because they serve as connectors for other properties and do not receive benefit from the increased aesthetics. Utility parcels are located based on their proximity to the parcels they serve, and given the nature of the property usage ((wireless towers, flood control basins and fire trail/access roads) do not benefit from the increased safety. The following shows the safety benefit points assigned to the parcel land use categories within the District: Page 160 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 44 Fiscal Year 2024/25 Parcel Land Use Category Safety Benefit Points Single Family Residential 3.00 Condominium Residential 2.10 Multi-Family Residential 2.10 Commercial/Industrial 18.00 Public Service Parcels – Church/Fire Station/School 2.00 Undeveloped 0.30 Common Area/Roads/Easements/Utility 0.00 Economic Benefit Points Accounting for the existing economic activity throughout the District, as well as the potential for properties to develop, redevelop and invest in their economic presence, properties within the District are assigned benefit points for the economic activity benefits received from the uniform and maintained improvements. Economic activity benefit points are assigned based upon the property’s location to the District activities, as well as the property’s existing land use. The District’s improvements will allow properties to maximize their development, land use and occupancy rates. Residential land uses are assigned benefit points in proportion to the number of trips generated and average number of occupants per dwelling unit in comparison to the typical sin gle-family parcel. Single Family Residential parcels are assigned 4.00 benefit points, one for each of the improvement types. Studies have consistently shown that the average multi-family residential unit impacts infrastructure approximately 80% as much as a single-family residence. Condominium parcels are assigned 3.20 benefit points since the number of trips generated per condominium unit is approximately 80% of the typical single-family residential units (Trip Generation, 2003). Multi-family residential parcels are assigned 2.40 benefit points per dwelling unit since the number of trips generated per multi-family residential unit, per the City’s Traffic Study (2009), are 60% of the typical single-family residential unit. To recognize the increase in economic activity and additional pedestrian traffic that non- residential properties generate compared to residential property, non-residential Commercial properties are assigned benefit points based on the average trip generations of non-residential property compared to a Single Family Residential property. Based on the City’s Traffic Study (2009), and given that the non -residential parcels within the District are of mixed uses, the trip generation rate for non-residential parcels averages just under 320 trips per acre, which is approximately 5.6 times per acre that of a single family residential development. The trip generation rate is reduced to account for pass-through trips which are estimated to be 20%. Therefore, the economic benefit points assigned Commercial parcels is 4.50 per one residential benefit point. Commercial properties are assigned a total of 18.00 economic benefit points. The public services parcels and utility parcels within the District are used to provide services to the surrounding community, and are located based upon their proximity to the parcels they serve. These parcels receive no economic benefit from the collective improvements in place. Therefore, they are not assigned benefit points for economic activities. Page 161 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 45 Fiscal Year 2024/25 The availability of well-maintained sidewalk, landscaping and park improvements within the local community enhances the ability of owners of undeveloped parcels of land to develop those parcels, as studies have shown that there is an increase in demand for residents and businesses to locate within communities with well -maintained sidewalk, landscaping and park improvements. However, since undeveloped parcels generate fewer trips and given the limited activity these properties provide, they receive a reduced economic benefit from the maintenance of the collective improvements. To account for this reduced benefit, but still recognize development potential, all undeveloped properties are assigned 1.50 benefit points. Common areas and roads are deemed to receive no benefit from the District maintenance activities because they serve as connectors for other properties and do not receive an economic benefit. The following shows the economic benefit points assigned to the parcel land use categories within the District: Parcel Land Use Category Economic Benefit Points Single Family Residential 4.00 Condominium Residential 3.20 Multi-Family Residential 2.80 Commercial/Industrial 18.00 Public Service Parcels – Church/Fire Station/School 0.00 Undeveloped 1.50 Common Area/Roads/Utility 0.00 Total Special Benefit Points Calculation The formula below shows the total special benefit points calculation for each parcel within the District: Parcel’s Total Special Benefit Points = Parcel’s Aesthetic Benefit Points + Parcel’s Safety Benefit Points + Parcel’s Economic Benefit Points Parcel Factors The method of apportioning the benefit to the parcels within the District reflects the proportional special benefit assigned to each property within the District based upon various property characteristics of parcels as compared to other properties within the District. By adjusting the assigned special benefit points set forth above by parcel factors, a more complete picture of the proportional special benefits received by each parcel within the District is presented. Given that the special benefits provided by the District focus on aesthetic benefit, safety benefit, and economic activity benefits, it was determined that lot size (acreage) for non-residential parcels and units for residential parcels were the most appropriate parcel factors. The number of units for non-residential parcels would not accurately reflect the amount of development and Page 162 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 46 Fiscal Year 2024/25 redevelopment that may occur. In addition, a larger parcel allows for a greater area to develop and redevelop than smaller parcels, which corresponds to larger parcels receiving proportionately greater aesthetic, safety and economic activity benefits when compared to smaller parcels within the District. Therefore, the benefits assigned for each parcel in the District is in direct proportion to the size of the parcel and potential development of the parcel. Residential parcels are limited by the number of units on the parcel more than the actual lot size. However, the greater the lot size, the more units can be placed on a parcel, and the more persons who use and benefits from the collective improvements. Therefore, the benefits assigned for each parcel in the District is in direct proportion to the units assigned to that parcel. The formula below shows the parcel factor calculation for each parcel within the District: Residential Parcel Factor = Units Non-Residential Parcel Factor = Acreage Total Benefit Units per Parcel Calculation To appropriately quantify and assign the total benefit units for each parcel within the District, the total special benefit points are further adjusted according to the formula below: Parcel’s Total Benefit Units = Parcel’s Total Special Benefit Points X Parcel Factor Total Special Benefit Units The total special benefit units for the District at this time are 81,554.33 Data Considerations and Parcel Changes The use of the latest Assessor’s Secured Roll information has been and shall be used in the future as the basis in determining each parcel’s land use category, units and lot size (acreage), unless better data was or is available to the City. In addition, if any parcel within the District is identified by the Auditor/Controller to be an invalid parcel number, the land use category, units and lot size (acreage) of the subsequent valid parcels shall serve as the basis in assigning parcel factor special benefit units. If a single parcel changes to multiple parcels, the special benefit units shall be recalculated based on the property type, number of units and acreage data for the new parcels, rather than each new parcel receiving a proportionate share of the original assessment. Special Considerations: Publicly Owned Parcels Any publicly owned parcels that benefit from the improvements cannot be exempt from the assessment. The special benefits accruing to these types of parcels must be determined using the same kind of formulas and benefit point assignment as applied to privately owned parcels. This requirement is clearly conveyed in Article XIII D, Section 4(a) of the California Constitution which states in part, “... Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can Page 163 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 47 Fiscal Year 2024/25 demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.” Publicly owned parcels are categorized and assigned benefit units using the same methodology as privately owned parcels, based on their land use as shown on the latest County Secured Roll. Rate per Benefit Unit The assessment rate per special benefit unit is calculated by dividing the total cost estimate to be assessed by the total special benefit units assigned to the parcels in the District. The following formula provides the assessment rate per special benefit unit calculation: Rate per Benefit Unit = Total Costs to be Assessed / District’s Total Benefit Units Method of Assessment Spread The method of assessment is based upon a formula that assigns the special benefits to each parcel, with special benefit points being adjusted by the parcel’s number of units or lot size (acreage). The formula below provides a summary of the annual assessment calculation for each parcel in the District. (A) Parcel’s Total Benefit Units = (B) Parcel’s Total Special Benefit Points X (C) Parcel Factor (B) Parcel’s Total Special Benefit Points = Parcel’s Aesthetic Benefit Points + Parcel’s Safety Benefit Points + Parcel’s Economic Benefit Points (C) Parcel Factor Residential Parcel Factor = Units Non-Residential Parcel Factor = Acreage Applying the Method of Assessment Spread The maximum assessment for each parcel in the District is calculated by the following procedure: Step 1: Assign each parcel its appropriate land use category based on the most recent San Bernardino County Assessor’s Secured Roll data. Page 164 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 48 Fiscal Year 2024/25 Step 2: Determine each parcel’s appropriate aesthetic benefit points based on land use. The aesthetic benefit points are shown in the following table: Parcel Land Use Category Aesthetic Benefit Points Single Family Residential 4.00 Condominium Residential 2.80 Multi-Family Residential 2.80 Commercial/Industrial 16.00 Public Service Parcels – Church/Fire Station/School 1.00 Undeveloped 0.40 Common Area/Roads/Easements/Utility 0.00 Step 3: Determine each parcel’s appropriate safety benefit points based on land use. The safety benefit points are shown in the following table: Parcel Land Use Category Safety Benefit Points Single Family Residential 3.00 Condominium Residential 2.10 Multi-Family Residential 2.10 Commercial/Industrial 18.00 Public Service Parcels – Church/Fire Station/School 2.00 Undeveloped 0.30 Common Area/Roads/Easements/Utility 0.00 Step 4: Determine each parcel’s appropriate economic benefit points based on land use. The economic benefit points are shown in the following table: Parcel Land Use Category Economic Benefit Points Single Family Residential 4.00 Condominium Residential 3.20 Multi-Family Residential 2.80 Commercial/Industrial 18.00 Public Service Parcels – Church/Fire Station/School 0.00 Undeveloped 1.50 Common Area/Roads/Utility 0.00 Page 165 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 49 Fiscal Year 2024/25 Step 5: Sum the aesthetic benefit points, safety benefit points and economic benefit points for each parcel. The total benefit points are shown in the following table: Parcel Land Use Category Aesthetic Benefit Points Safety Benefit Points Economic Benefit Points Total Benefit Points Single Family Residential 4.00 3.00 4.00 11.00 Condominium Residential 2.80 2.10 3.20 8.10 Multi-Family Residential 2.80 2.10 2.80 7.70 Commercial/Industrial 16.00 18.00 18.00 52.00 Public Service Parcels – Church/ Fire Station/ School 1.00 2.00 0.00 3.00 Undeveloped 0.40 0.30 1.50 2.20 Common Area/ Roads/ Easements/ Utility 0.00 0.00 0.00 0.00 Step 6: Determine the appropriate parcel factor based on the parcel’s land use. The unit of measurement for each parcel factor, by land use, is shown in the following table: Residential Parcel Factor = Units Non-Residential Parcel Factor = Acreage Step 7: Multiply the total benefit points by parcel factor to compute each parcel’s total special benefit units. Step 8: Sum the result of Step 7 for all parcels in the District. Step 9: Separate the general benefit from the special benefit, and divide the portion of the budget representing special benefit by the result of Step 8 to compute the rate per benefit unit. Step 10: Multiply each parcel’s total benefit units by the result of Step 9 to compute each parcel’s assessment. Step 11: In future years the rate per benefit unit may be adjusted by inflation. Page 166 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 50 Fiscal Year 2024/25 Proposed Maximum Assessment Rates The Fiscal Year 2024/25 maximum allowable assessment rate is calculated by dividing the net total to be assessed by the total special benefit units assigned to parcels in the District based on property type, unit and acreage data. For Fiscal Year 2024/25, the calculation is as follows: Maximum Assessment per Benefit Unit =Special Benefit to be Assessed /District’s Total Benefit Units $54.23 = $ 4,421,068.32 /81,554.11 Parcel Land Use Category Total Benefit Points Parcel Factor Maximum Allowable Assessment for 2024/25 Single Family Residential 11.00 Parcel 596.42$ Condominium Residential 8.10 Unit 438.92 Multi-Family Residential 7.70 Unit 416.97 Commercial/Industrial 52.00 Acre 2,819.44 Public Service Parcels - Church/ Fire Station/ School 3.00 Acre 162.66 Undeveloped 2.20 Acre 118.76 Common Area/ Roads / Easements/ Utility 0.00 Parcel - Cost of Living Inflator Each fiscal year, beginning Fiscal Year 2014/15, the maximum allowable assessment amount may be increased by the lesser of 3% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Riverside – San Bernardino – Ontario Consumer Price Index area. If for any reason the percentage change is negative, the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI-U adjustment. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that fiscal year. The actual assessment rate for Fiscal Year 2024/25 will increase from $544.82 to $572.06 per single-family residence, a CPI increase of 5.0% as compared to Fiscal Year 2024/25. Page 167 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 51 Fiscal Year 2024/25 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 168 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 52 Fiscal Year 2024/25 Page 169 ____________________________________________________________________________ Landscape Maintenance District No. 2 – City of Rancho Cucamonga 53 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 20 24/25 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate Per EBU Total Units/ Acres Total EBUs Total Assessment Single Family Residential 52.00$ 5,890.00 64,790.00 3,369,433.40 Condominium Residential 52.00 972.00 7,873.20 409,202.28 Multi-Family Residential 52.00 729.00 5,613.30 291,567.56 Commercial/ Industrial 52.00 57.97 3,014.44 156,687.52 Public Service Parcels – Church/Fire Station/ School 52.00 75.28 225.84 11,675.54 Undeveloped 52.00 16.97 37.33 1,934.27 Total 7,741.22 81,554.11 4,240,500.57 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for Fiscal Year 2024/25. Page 170 ATTACHMENT 3 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Landscape Maintenance District No. 3B (Commercial Industrial) Page 171 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 172 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 8 ESTIMATE OF COSTS 10 District Budget 10 Definitions of Budget Items 12 METHOD OF ASSESSMENT 13 Overview 13 General Benefit 14 Special Benefit 14 Method of Assessment Spread 15 ASSESSMENT DIAGRAM 16 ASSESSMENT ROLL AND ANNEXATIONS 18 Assessment Roll 18 Annexations 18 Page 173 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS , on June 5, 2024, the City Council of Rancho Cucamonga (the “City”), under the Landscape and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 3B (Commercial Industrial) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Personnel Services 174,050$ Operations and Maintenance 980,280 Total Expenditures Budget 1,154,330 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 843,610 Anticipated Prior Year Delinquencies Collection 9,610 Subtotal - Taxes 853,220 Other Revenues 80,100 Transfer In 1,950 Total Revenues Budget 935,270 Contribution to/(Use of) Fund Balance (219,060)$ Total District EBU Count 2,988.97 Actual Assessment per EBU 282.24$ Maximum Allowable Assement per EBU 352.80$ Page 174 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 175 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally, describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon Page 176 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 4 Fiscal Year 2024/25 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as the commercial and industrial area of the City which is generally bounded by Foothill Blvd on the north, 4th St on the South, East Ave on the east and Grove Ave on the west. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services These improvements are located within the street right-of-ways, Metrolink, and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective Page 177 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 5 Fiscal Year 2024/25 materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Site # Descriptive Location J-2 The monument at the northeast corner of Haven Ave and 4th St. Ground Cover area: 5,715 square feet Hardscape area: 6,068 square feet J-3 The 6th St median from Milliken Ave to Pittsburg Ave. Ground Cover area: 3,300 square feet J-4 The entry monuments on the east and west side of 4th St and Milliken Ave. The Milliken Ave median from 4th St to 6th St. Ground Cover area: 30,594 square feet Hardscape area: 1,748 square feet J-5 The Milliken Ave median from Arrow Rte to Jersey Blvd. Ground Cover area: 10,220 square feet J-6 The Spruce Ave median from Foothill Blvd to White Oak Ave. Ground Cover area: 4,300 square feet J-7 The 6th St median from Pittsburg Ave to Richmond Pl. Ground Cover area: 5,114 square feet J-8 The 6th St from Richmond Pl to Buffalo Ave. Ground Cover area: 2,476 square feet J-9 The Milliken Ave railroad underpass. Ground Cover area: 165,633 square feet, J-10 The 6th St median from Cleveland Ave to 1,820 feet east of Cleveland Ave. Ground Cover area: 15,884 square feet J-11 The 6th St median from Buffalo Ave to Rochester Ave. Ground Cover area: 10,789 square feet J-12 The Milliken Ave median from Arrow Rte to Century Ct. Ground Cover area: 13,855 square feet Page 178 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 6 Fiscal Year 2024/25 J-13 The Milliken Ave median from Century Ct to Foothill Blvd. Ground Cover area: 3,330 square feet J-14 The 6th St median from Utica Ave to Cleveland Ave. Ground Cover area: 8,559 square feet J-15 The 6th St median from Haven Ave to Utica Ave. Ground Cover area: 7,680 square feet J-16 Day Creek Blvd median from Church St to Foothill Blvd. Ground Cover area: 8,466 square feet J-17 The Day Creek Blvd median south of Foothill Blvd including the traffic circle. Ground Cover area: 6,490 square feet H-1 The Haven Ave median from 4th St to 6th St. Ground Cover area: 21,205 square feet Converted 8,935 sq. ft. of turf to ground cover effective April 1, 2013. H-2 The Haven Ave medians from 6th St to the underpass bridge. The east and west side parkways and slopes on Haven Ave from Acacia St to underpass bridge. Ground Cover area: 54,720 square feet Converted 2,960 square fee t of turf to ground cover effective April 1, 2013. H-3 The Haven Ave medians from underpass bridge to Arrow Rte. The east and west side parkways and slopes on Haven Ave from the underpass bridge to Jersey Blvd . Ground Cover area: 56,210 square feet H-4 The Haven Ave median from Arrow Rte to Foothill Blvd. Ground Cover area: 15,156 square feet H-5 The Haven Ave median from Foothill Blvd to Church St. Ground Cover area: 11,502 square feet FH-1 The Foothill Blvd median from Spruce Ave to Haven Ave. Ground Cover area: 4,571 square feet The total square footage for the improvement is 9,141; however, due to the location of the improvement the other half is maintained by landscape maintenance district 4-R. Page 179 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 7 Fiscal Year 2024/25 FH-2 The Foothill Blvd median from Spruce Ave to Milliken Ave. Ground Cover area: 7,940 square feet The total square footage for the improvement is 15,879; however, due to the location of the improvement the other half is maintained by landscape maintenance district 4-R. FH-3 The Foothill Blvd median from 790 feet west of Market Pl to Market Pl. Ground Cover area: 4,434 square feet FH-4 The Foothill Blvd median from Market Pl to Etiwanda Ave. Ground Cover area: 10,392 square feet FH-5 The Foothill Blvd median from 360 feet west of Masi Dr to 516 feet west of Masi Dr. Ground Cover area: 800 square feet The total square footage for the improvement is 1,600; however, due to the location of the improvement the other half is maintained by landscape maintenance district 4-R. FH-6 The Foothill Blvd median from Masi Dr Plaza to Rochester Ave. Ground Cover area: 800 square feet The total square footage for the improvement is 1,600; however, due to the location of the improvement the other half is maintained by landscape maintenance district 4-R. FH-7 The Foothill Blvd median from Vineyard Ave to Orchard Plaza. Ground Cover area: 2,605 square feet FH-8 The Foothill Blvd median from Orchard Plaza to Lion St. Ground Cover area: 344 square feet FH-9 The Foothill Blvd median from Hellman Ave to Malachite Ave and from Malachite Ave to Archibald Ave. Ground Cover area: 21,474 square feet FH-10 The Foothill Blvd median from Archibald Ave to Ramona Ave. Ground Cover area: 4,770 square feet FH-11 The Foothill Blvd median from Ramona Ave to Hermosa Ave. Ground Cover area: 5,210 square feet FH-12 The Foothill Blvd median from Hermosa Ave to Center Ave. Ground Cover area: 6,329 square feet FH-13 The Foothill Blvd median from Center Ave to Haven Ave. Ground Cover area: 6,286 square feet Page 180 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 8 Fiscal Year 2024/25 FH-14 The Foothill Blvd median from Rochester Ave to 600 feet east of Rochester Ave. Ground Cover area: 1,356 square feet Site reduced to 5,979 square feet due to median renovation. FH-15 The Foothill Blvd median from 1,225 feet west of Day Creek Blvd to Day Creek Blvd. Ground Cover area: 4,905 square feet FH-16 The Foothill Blvd median from Day Creek Blvd to the 15 freeway. Ground Cover area: 9,808 square feet Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Page 181 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 9 Fiscal Year 2024/25 Page 182 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 10 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Personnel Services: Regular Salaries 115,200$ Part-time Salaries 980 Fringe Benefits 57,870 Subtotal - Personnel 174,050 Operations and Maintenance: Operations and Maintenance: Computer Software 500 O & M/General 19,300 O & M/Facilities 12,080 Subtotal - Operations and Maintenance 31,880 Contract Services: Contract Services/General 442,350 Contract Services/Facilities 219,060 Tree Maintenance 52,220 Subtotal - Contract Services 713,630 Utilities: Water Utilities 121,620 Electric Utilities 40,880 Subtotal - Utilities 162,500 Assessment Administration 4,460 Admin./General Overhead 67,810 Subtotal - Operations and Maintenance 980,280 Total Expenditures Budget 1,154,330$ Page 183 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 11 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 843,610$ Anticipated Prior Year Delinquencies Collection 9,610 Subtotal - Taxes 853,220 Other Revenues: Parking Permits 80,000 Other Revenue 100 Subtotal - Other Revenues:80,100 Transfer In: Transfer In - CFD Empire Lakes 1,950 Total Revenues Budget 935,270 Contribution to/(Use of) Fund Balance (219,060)$ Total Gross Estimated Assessments 843,606.77$ Total District EBU Count 2,988.97 Actual Assessment per EBU - Fiscal Year 2024/25 282.24$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 352.80$ The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 2,272,627$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 (219,060) Estimated Reserve Fund Balance, June 30, 2025 2,053,567$ Page 184 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 12 Fiscal Year 2024/25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Page 185 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 13 Fiscal Year 2024/25 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Page 186 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 14 Fiscal Year 2024/25 General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City’s system of arterial streets. Traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and , as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not Page 187 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 15 Fiscal Year 2024/25 share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined, however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single-family home as the basic unit of assessment. A single-family home equals one EBU. Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single-family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Non-Residential 1.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU Page 188 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 16 Fiscal Year 2024/25 assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 20 24/25 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Non-Residential $352.80 $282.24 2,988.97 2,988.97 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 189 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 17 Fiscal Year 2024/25 Page 190 ____________________________________________________________________________ Landscape Maintenance District No. 3B – City of Rancho Cucamonga 18 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2024/25 actual assessment for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Non-Residential $282.24 2,988.97 2,988.97 $843,606.77 Totals 2,988.97 2,988.97 $843,606.77 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following annexations are effective for Fiscal Year 2024/25 : APN Annexation Date Project Name Total Units/ Acres Total EBUs Property Type 0229-291-54 02/15/23 SUBTPM20251 32.83 32.83 Commercial/Industrial 0229-021-97 02/15/23 DRC2021-00320 2.37 2.37 Commercial/Industrial Page 191 ATTACHMENT 4 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Landscape Maintenance District No. 4-R (Terra Vista Planned Community) Page 192 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 4-R (TERRA VISTA PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 193 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 13 ESTIMATE OF COSTS 15 District Budget 15 Definitions of Budget Items 17 METHOD OF ASSESSMENT 18 Overview 18 General Benefit 19 Special Benefit 19 Method of Assessment Spread 20 Cost of Living Inflator 22 ASSESSMENT DIAGRAM 23 ASSESSMENT ROLL AND ANNEXATIONS 25 Assessment Roll 25 Annexations 25 Page 194 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024, the City Council of Rancho Cucamonga (the “City”), under the Landscape and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 4-R (Terra Vista Planned Community) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Personnel Services 1,198,530$ Operations and Maintenance 1,904,620 Capital Expenditures 1,473,750 Total Expenditures Budget 4,576,900 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 3,082,780 Anticipated Prior Year Delinquencies Collection 10,750 Subtotal - Taxes 3,093,530 Other Revenues 810 Total Revenues Budget 3,094,340 Contribution to/(Use of) Fund Balance (1,482,560)$ Total District EBU Count 7,050.26 Actual Assessment per EBU 437.86$ Maximum Allowable Assement per EBU 531.67$ Page 195 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 196 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally, describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon Page 197 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 4 Fiscal Year 2024/25 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area located north of Foothill Blvd, west of Rochester Ave, east of Haven Ave, south of Base Line Rd and includes the northeast corner of Base Line Rd and Haven Ave . Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of the paseos, parkways, median islands, street trees, parks, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble- shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement Page 198 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 5 Fiscal Year 2024/25 and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Spruce Park, Mountain View Park, Ralph M. Lewis Park, Coyote Canyon Park, Milliken Park and West Greenway Park The street trees within the residential parkways and tree maintenance easements to be maintained by the District are on the following streets, located within the boundaries of the District: Amiata Dr Bastia Ct Blackhorse Ct Brandywine Pl Bunker Hill Dr Cedarbrook Pl Chesterton Dr Clarisa Pl Corsica Ct (Country View Dr to Milliken Ave) Country View Dr (Mountain View Dr to Palacio Ct) Covington Pl Danbury Dr Danner Ct De Anza Dr Derby Pl Downing Ct Ellena East & West (s/o Terra Vista Pkwy to Fitzpatrick Dr) Emery Pl Fitzpatrick Dr Fulbourn Ct Hinton Ct Linaro Rd Meyers Dr Potomac Ct Radcliff Pl Regent Dr Rockingham Ct Saranza Pl Southhampton Ct Terra Vista Pkwy (Church St to Brandywine Pl) Wellington Pl Yorktown Ct The breakdown of maintained areas is as follows: Site # Descriptive Location TV-1 The monument on the southeast corner of Haven Ave and Base Line Rd. The Base Line Rd median from Haven Ave to the Deer Creek Channel. The south side of Base Line from Haven to Deer Creek Channel less from the frontage of the condominium complex. Ground Cover area: 22,054 square feet Hardscape area: 10,630 square feet TV-2 The Base Line Rd median from Spruce Ave to the Deer Creek Channel. The south side of Base Line Rd from Deer Creek Channel to Spruce Ave. The west side of Spruce Ave from Base Line Rd to Terra Vista Pkwy. The north side of Spyglass Dr from Spruce Ave to Roxbury Pl. Ground Cover area: 18,863 square feet Turf area: 15,067 square feet Hardscape area: 12,575 square feet Page 199 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 6 Fiscal Year 2024/25 TV-3 The east side of Spruce from 120 feet south of Spyglass Dr to Base Line Rd. The south side of Base Line Rd from Spruce Ave to 800 feet east of Spruce Ave. The Base Line Rd median from Spruce Ave to Milliken Ave. Ground Cover area: 16,670 square feet Turf area: 14,857 square feet Hardscape area: 16,567 square feet TV-4 The south side of Base Line Rd from 800 feet east of Spruce Ave to Milliken Ave. The cul-de-sac at the north end of Cascade Ct. Ground Cover area: 16,613 square feet Turf Cover area: 5,324 square feet Hardscape area: 7,950 square feet TV-5 The north side of Terra Vista Pkwy from Belpine Pl to 112 feet west of Butterfield Pl; Terra Vista Pkwy median from Spruce Ave to Milliken Ave and the south side of Terra Vista Pkwy from 164 feet west of Belpine Pl to Belpine Pl. Ground Cover area: 19,738 square feet Turf area: 2,675 square feet Hardscape area: 13,328 square feet TV-6 The north side of from Spruce Ave to 175 feet north of Countryside Dr and Terra Vista Pkwy median from Church St to Spruce Ave. Ground Cover area: 22,959 square feet Turf area: 6,195 square feet Hardscape area: 11,702 square feet TV-7 The north side of Church St from the west side of Deer Creek Channel to Terra Vista Pkwy. The west side of Terra Vista Pkwy from Church St to 175 feet north of Countryside Dr. Ground Cover area: 9,924 square feet Turf area: 5,378 square feet Hardscape area: 6,426 square feet TV-8 The southeast corner of Church St and Haven Ave; the Church St median from Haven Ave to Terra Vista Pkwy and the wash end on the Northwest corner of the Deer Creek Channel and Church St. Ground Cover area: 2,429 square feet Hardscape area: 3,296 square feet TV-9 The Church St median from Terra Vista Pkwy to Spruce Ave. Ground Cover area: 7,829 square feet Hardscape area: 6,605 square feet Page 200 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 7 Fiscal Year 2024/25 TV-10 The east side of Valencia Ave from Base Line Rd to the pre-school; the south side of Augusta Dr from Valencia Ave to Meadowlark Pl and the west side of Summerfield Pl from Valencia Ave to Evergreen Dr. Ground Cover area: 20,818 square feet Turf area: 18,634 square feet Hardscape area: 8,666 square feet TV-11 The paseo at Parkside Pl and Clover Ct from Parkside Pl to the Deer Creek Channel. Ground Cover area: 2,795 square feet Hardscape area: 1,049 square feet TV-12 The east side of Haven Ave from the pre-school to the Southern Pacific Railroad. Ground Cover area: 6,170 square feet Turf area: 2,091 square feet Hardscape area: 1,060 square feet TV-13 The east side of Spruce Ave from Elm Ave to Mountain View Dr; the north and south sides of Norfolk Dr from Spruce Ave to Cardiff Pl; the south side of Mountain View Dr from Spruce Ave to 290 feet east of Belvedere Pl and the paseo from Spruce Ave to Country View Dr. Ground Cover area: 8,459 square feet Turf area: 3,355 square feet Hardscape area: 8,886 square feet TV-14 The south side of Mountain View Dr from 290 feet east of Belvedere Pl to 590 feet east of Fairhaven Pl; the paseo south of Mountain View Dr between Belvedere Pl and Fairhaven Pl to Country View Dr and from Country View Dr to West Greenway Corridor. Ground Cover area: 19,030 square feet Turf area: 8,430 square feet Hardscape area: 9,262 square feet TV-15 The north side of Mountain View Dr from 634 feet west of Biarritz Pl to Milliken Ave. Ground Cover area: 4,571 square feet Turf area: 4,738 square feet Hardscape area: 5,104 square feet TV-16 The West Greenway Corridor from the northeast corner of Elm Ave and Spruce Ave to West Greenway Corridor. Ground Cover area: 15,529 square feet Turf area: 20,884 square feet Hardscape area: 20,626 square feet TV-17 The west side of Milliken Ave from 585 feet north of Mountain View Dr to Mountain View Dr. Page 201 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 8 Fiscal Year 2024/25 Ground Cover area: 5,835 square feet Turf area: 3,564 square feet Hardscape area: 2,340 square feet TV-18 The south side of Mountain View Dr from approximately 250 feet west of Claridge Pl to Terra Vista Pkwy. The south side of Terra Vista Pkwy from Mountain View Dr to East Greenway Corridor. Terra Vista Pkwy from Mountain View Dr to East Greenway Corridor. Ground Cover area: 18,316 square feet Turf area: 5,944 square feet Hardscape area: 23,800 square feet TV-19 The Terra Vista Pkwy median from Milliken Ave to Mountain View Dr. The north side of Terra Vista Pkwy from 68 feet north of Addison Rd to Mountain View Dr. The west side of Mountain View Dr from Grapevine St to Terra Vista Pkwy. Ground Cover area: 20,306 square feet Turf area: 3,886 square feet Hardscape area: 11,478 square feet TV-20 The Church St median from Milliken Ave to 675 feet east of Milliken Ave. Ground Cover area: 2,860 square feet Hardscape area: 2,112 square feet TV-21 The Church St median from Milliken Ave to Spruce Ave. Ground Cover area: 16,811 square feet Turf area: 335 square feet Hardscape area: 14,880 square feet TV-22 The Milliken Ave median from Mountain View Dr to Foothill Blvd. Ground Cover area: 16,436 square feet Hardscape area: 16,267 square feet TV-23 The Milliken Ave underpass from West Greenway Park to Milliken Park. Ground Cover area: 19,271 square feet Turf area: 22,139 square feet Hardscape area: 18,119 square feet Page 202 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 9 Fiscal Year 2024/25 TV-24 The east side of Haven Ave from 145 feet south of Creekbridge St to 600 feet north of Creekbridge St; the north side of Creekbridge St from Brookside Rd to Haven Ave and the paseo from Creekbridge St and Brookside Rd to the Deer Creek Channel. Ground Cover area: 5,851 square feet Turf area: 9,965 square feet Hardscape area: 4,351 square feet TV-25 The east side of Haven Ave form 145 feet south of Creekbridge St to 410 feet south of Creekbridge St. Ground Cover area: 3,319 square feet Turf area: 1,677 square feet Hardscape area: 1,779 square feet TV-26 The paseo at Plymouth Way south of Essex Pl from Plymouth Way to the Deer Creek Channel. Ground Cover area: 1,956 square feet Hardscape area: 2,385 square feet TV-27 The paseo from Terra Vista Pkwy to Windsong Pl and from Windsong Pl to Plymouth Way. Ground Cover area: 2,270 square feet Turf area: 2,731 square feet Hardscape area: 3,332 square feet TV-28 The paseo on the north side of 7552 Hardy Ave. Ground Cover area: 630 square feet Turf area: 733 square feet Hardscape area: 432 square feet TV-29 The East Greenway Corridor from Milliken Park to Terra Vista Pkwy, including the turf area at the entrance to Tract 16157. Ground Cover area: 17,780 square feet Turf area: 52,403 square feet Hardscape area: 29,888 square feet TV-30 The Milliken Ave Median from Mountain View Dr to Base Line Rd. Ground Cover area: 11,890 square feet Hardscape area: 10,260 square feet TV-31 The paseo from Elm Ave to West Greenway Park. Ground Cover area: 4,770 square feet Hardscape area: 8,900 square feet Page 203 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 10 Fiscal Year 2024/25 TV-32 The Greenwich Pl paseo from Greenwich Pl to Muirfield Dr. Ground Cover area: 1,323 square feet Hardscape area: 1,456 square feet TV-33 The south side of Mountain View Dr from 430 feet west of Country View Dr to Country View Dr. Ground Cover area: 3,434 square feet Turf area: 1,853 square feet Hardscape area: 1,720 square feet TV-34 The south side of Terra Vista Pkwy from 390 feet west of Belpine Pl to Belpine Pl. Ground Cover area: 1,342 square feet Turf area: 1,887 square feet Hardscape area: 1,612 square feet TV-35 The Trail Northeast of Ruth Musser School from Terra Vista Pkwy to Spruce Ave. Ground Cover area: 9,285 square feet Hardscape area: 5,148 square feet TV-36 The east side of Country View Dr from Corsica Ct to Mountain View Dr. The south side of Mountain View Dr from Country View Dr to Milliken Ave. The west side of Milliken Ave from Mountain View Dr to the West Greenway Corridor. Ground Cover area: 9,141 square feet Turf area: 5,895 square feet Hardscape area: 6,058 square feet TV-37 The north side of Meyers Dr from Emery Pl to Elm Ave. Ground Cover area: 5,860 square feet Turf area: 5,300 square feet Hardscape area: 1,283 square feet TV-38 The Church St median from Rochester Ave to Terra Vista Pkwy median from Church St to 853 feet north of Church St. Ground Cover area: 8,510 square feet Hardscape area: 5,640 square feet TV-39 The north side of Mountain View Dr form 250 feet east of Milliken Ave to Milliken Ave. The east side of Milliken Ave from Mountain View Dr to Terra Vista Pkwy. Ground Cover area: 16,751 square feet Hardscape area: 15,716 square feet Page 204 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 11 Fiscal Year 2024/25 TV-40 The south side of Terra Vista Pkwy from Milliken Ave to Mountain View Dr. Ground Cover area: 11,630 square feet Hardscape area: 19,738 square feet TV-41 The paseo east of Milliken Ave from Terra Vista Pkwy south to Mountain View Dr. Ground Cover area: 4,081 square feet Hardscape area: 9,640 square feet TV-42 The north side of Mountain View Dr from Terra Vista Pkwy to 250 feet east of Milliken Ave. Ground Cover area: 10,994 square feet Hardscape area: 14,777 square feet TV-43 Church St median and parkway from Malaga Dr to Terra Vista Pkwy. Ground Cover area: 7,506 square feet Hardscape area: 3,955 square feet TV-44 The south side of Church St from Terra Vista Pkwy to Rochester Ave. Ground Cover area: 10,400 square feet Hardscape area: 7,606 square feet TV-45 The west side of Rochester Ave from Church St to Malaga Dr. Ground cover area: 20,693 square feet Hardscape area: 12,450 square feet TV-46 The north side of Malaga Dr from Church St to Rochester Ave. Ground Cover area: 19,843 square feet Hardscape area: 18,000 square feet TV-47 The east side of Terra Vista Pkwy from Church St to Brandywine Pl. The paseo from Brandywine Pl to Bunker Hill Dr. The east side of Radcliff Pl from Bunker Hill Dr to Malaga Dr. Ground Cover area: 17,838 square feet Hardscape area: 9,023 square feet TV-48 The Church St median from 750 feet east of Milliken Ave to Malaga Dr. Ground Cover area: 5,554 square feet Hardscape area: 9,698 square feet FH-1 The Foothill Blvd median from Spruce Ave to Haven Ave. Ground Cover area: 4,571 square feet This median contains 9,142 square feet of landscape with 4,571 square feet maintained by LMD 4-R with the remainder maintained by LMD 3B. Page 205 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 12 Fiscal Year 2024/25 FH-2 The Foothill Blvd median from Spruce Ave to Milliken Ave. Ground Cover area: 7,940 square feet This median contains 15,880 square feet of landscape with 7,940 square feet maintained by LMD 4-R with the remainder maintained by LMD 3B. FH-5 The Foothill Blvd median from 360 feet west of Masi Dr to 516 feet west of Masi Dr. Ground Cover area: 800 square feet This median contains 1,600 square feet of landscape with 800 square feet maintained by LMD 4-R with the remainder maintained by LMD 3B. FH-6 The Foothill Blvd median from Masi Dr Plaza to Rochester Ave. Ground Cover area: 800 square feet This median contains 1,600; square feet of landscape with 800 square feet maintained by LMD 4-R with the remainder maintained by LMD 3B. H-5 The Haven Ave median from Foothill Blvd to Church St. Ground Cover area: 11,502 square feet This median contains 23,004 square feet of landscape with 11,502 square feet maintained by LMD 4-R with the remainder maintained by LMD 3B. H-6 Haven Ave median from Church St to Base Line Rd. Ground Cover area: 9,615 square feet Converted 8,708 sq. ft. of turf to ground cover effective April 1, 2013. Area listed is the 50% maintained by the District. An equal amount is maintained by the City’s General Fund. H-7 The Haven Ave median from Base Line Rd to Southern Pacific railroad tracks. Ground Cover area: 3,130 square feet Converted 3,992 sq. ft. of turf to ground cover effective April 1, 2013. Removed 3,692 sq. ft. of ground cover for turn pocket expansion. Area listed is the 50% maintained by the District. An equal amount is maintained by the City’s General Fund. VG-14 The Base Line Rd median from Milliken Ave to Ellena East. Ground Cover area: 9,169 square feet This median contains 18,338 square feet of landscape with 9,169 square feet maintained by LMD 4-R with the remainder maintained by LMD 2. VG-15 The Base Line Rd Median from Rochester Ave to Ellena East. Ground Cover area: 3,960 square feet This median contains 7,920 square feet of landscape with 3,960 square feet maintained by LMD 4-R with the remainder maintained by LMD 2. Page 206 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 13 Fiscal Year 2024/25 Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Page 207 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 14 Fiscal Year 2024/25 Page 208 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 15 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Personnel Services: Regular Salaries 769,660$ Overtime Salaries 1,050 Part-time Salaries 32,890 Fringe Benefits 394,930 Subtotal - Personnel 1,198,530 Operations and Maintenance: Operations and Maintenance: O & M/General 87,620 Emergency Equipment and Vehicle Rental 1,700 Equipment Operations & Maintenance 5,750 Subtotal - Operations and Maintenance 95,070 Contract Services: Contract Services/General 798,870 Tree Maintenance 121,470 Contract Vehicle Maintenance/Repair 6,000 Subtotal - Contract Services 926,340 Utilities: Water Utilities 433,730 Electric Utilities 21,790 Subtotal - Utilities 455,520 Assessment Administration 14,440 Admin./General Overhead 413,250 Subtotal - Operations and Maintenance 1,904,620 Capital Expenditures: Captial Outlay - Improvements Other Than Building 943,750 Captial Project 530,000 Subtotal - Capital Expenditures 1,473,750 Total Expenditures Budget 4,576,900$ Page 209 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 16 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 3,082,780$ Anticipated Prior Year Delinquencies Collection 10,750 Subtotal - Taxes 3,093,530 Other Revenues: Park Maintenance Fees 700 Sports Field User Group Rentals 110 Subtotal - Other Revenues:810 Total Revenues Budget 3,094,340 Contribution to/(Use of) Fund Balance (1,482,560)$ Total Gross Estimated Assessments 3,087,024.91$ Total District EBU Count 7,050.26 Actual Assessment per EBU - Fiscal Year 2024/25 437.86$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 531.67$ The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved when the property owners on December 2, 2009, voted in favor of a Prop 218 assessment ballot increase with an allowable annual increase by the lesser of 3.5% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U) and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 7,454,542$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 (1,482,560) Estimated Reserve Fund Balance, June 30, 2025 5,971,982$ Page 210 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 17 Fiscal Year 2024/25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Page 211 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 18 Fiscal Year 2024/25 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement." Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Page 212 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 19 Fiscal Year 2024/25 General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In addition to the special benefits received by parcels within the District, there are incidental general benefits that are conferred on parcels outside the boundaries of the District which include: • the control of dust and insect infestations, and • the visual enhancement of the area to persons or vehicles that may travel through the District. However, it has been determined that these benefits are incidental and do not provide a direct benefit to parcels outside of the District that are not being assessed. Any incidental benefit received by parcels outside of the District is further offset by the incidental benefit received by parcels within the District from the maintenance of landscaping improvements by the other assessment districts within the City. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Page 213 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 20 Fiscal Year 2024/25 Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined. On December 2, 2009 , Proposition 218 assessment ballot increase was approved by the property owners in this District. Therefore, all parcels included in the District boundary, are being levied in accordance with Article XIII D and Proposition 218. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single-family home as the basic unit of assessment since there is a total of 2,651 single family parcels within the District which represents 69.1 percent of the total assessable parcels within the District. A method has been developed to convert other land uses to EBUs based on an assessment formula that equates to the property’s specific development status, type of development (land- use), and size of the property, as compared to a single family residential parcel. Other residential land uses are assigned Equivalent Dwelling Units (EDU) in proportion to the number of trips generated and average number of occupants per dwelling unit in comparison to the typical single- family parcel. Based upon the trip generation data from the ITE Trip Generation Report, San Diego Association of Governments’ Guide to Vehicular Traffic Generation Rates which have been adopted by San Bernardino County Transpiration Authority (formerly known as San Bernardino Associated Governments) and the most recent census data for the City of Rancho Cucamonga, condominiums are assigned 0.80 EDU’s since the number of residents and number of trips generated per dwelling unit are 80 percent of the typical single family residence. Multi-family residential units are assigned 0.70 EDU’s per dwelling unit since the number of residents and number of trips generated per multifamily residential unit are 70 percent of the typical single-family residential unit. This reduction is further supported by virtue of the fact that both condominium developments and multi-family residential development have a higher level of landscaping that reduce the benefit received by these parcels from District maintained landscaping. EBU’s are assigned to Commercial and Industrial parcels based upon the number of trips generated as well. The ITE Trip Generation Report shows that non-residential uses similar to those found in the District generate from 30 to 400 plus trips per day based upon the specific land use. An average trip generation rate of 135 trips per day was used since the non-residential uses within the district are generally those that result in fewer trips per day per acre, when compared Page 214 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 21 Fiscal Year 2024/25 to more intense non-residential uses such as community shopping centers which can generate in excess of 500 trips per day. Based upon an average density of approximately 9 single family residential units per acre and a trip generation rate of 10 trips per day for a typical single family residential unit, the trip generation rate for commercial and industrial parcels is approximately 1.5 times that of an acre developed for single family residential use based upon an average of 135 trips per acre for non-residential uses. The trips generated by non-residential uses has been reduced by approximately 40 percent to account for the number of “pass-by” trips which are those trips which stop at non-residential parcels enroute to/from residential parcels. This reduces the trips generated per acre from 135 to 81. Since non-residential parcels do not receive a significant special benefit from the park facilities maintained by the District, the number of trips generated per acre has been further reduced in proportion to the ratio of expenditures for landscape maintenance versus park maintenance within the District, which has been estimated by the City to be 60% parks and 40% landscaping. Therefore, commercial and industrial parcels have been assigned a value of 3.25 EBU’s per acre to represent the special benefit received by those parcels relative to the typical single-family residential parcel. Vacant parcels are assigned an EBU value of 0.25 per acre because they receive a lesser benefit from the improvements until such time as development occurs. Publicly owned school parcels are also assigned an EBU value of 0.25 per acre in recognition of the limited benefit they receive from the improvements maintained by the District and the benefit conferred upon other parcels within the District by the open space and landscaping maintained by the School District on their parcels which might be used by properties within the District under joint use agreements between the School District and the City. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel’s EBU assignment. Land-Use Equivalent Benefit Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Condominium 0.80 Unit Multi-Family Residential 0.70 Unit Commercial/Industrial 3.25 Acre Vacant (incl. all undevelped property)0.25 Acre Schools 0.25 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be Page 215 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 22 Fiscal Year 2024/25 based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2024/25 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $531.67 $437.86 2,652.00 2,652.00 Condominium $531.67 $437.86 1,249.00 999.20 Multi-Family Residential $531.67 $437.86 4,001.00 2,800.70 Commercial/Industrial $531.67 $437.86 176.40 573.30 Vacant (incl. all undevelped property)$531.67 $437.86 64.85 16.21 Schools $531.67 $437.86 35.41 8.85 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Cost of Living Inflator Each fiscal year beginning Fiscal Year 2010/11, the maximum allowable assessment amount may be increased by the lesser of 3.5% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Riverside – San Bernardino – Ontario Consumer Price Index area. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment cannot exceed the actual costs to operate the District in any given year. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. The actual assessment rate for Fiscal Year 2024/25 will increase from $417.01 to $437.86 per single-family residence, a CPI increase of 5.0% as compared to Fiscal Year 2023/24. Page 216 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 23 Fiscal Year 2024/25 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 217 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 24 Fiscal Year 2024/25 Page 218 ____________________________________________________________________________ Landscape Maintenance District No. 4-R – City of Rancho Cucamonga 25 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 20 24/25 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $437.86 2,652.00 2,652.00 $1,161,204.72 Condominium $437.86 1,249.00 999.20 437,512.21 Multi-Family Residential $437.86 4,001.00 2,800.70 1,226,306.50 Commercial/Industrial $437.86 176.40 573.30 251,026.02 Vacant (incl. all undevelped property)$437.86 64.85 16.21 7,099.13 Schools $437.86 35.41 8.85 3,876.33 Totals 8,178.66 7,050.26 $3,087,024.91 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for Fiscal Year 2024/25. Page 219 ATTACHMENT 5 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Landscape Maintenance District No. 6-R (Caryn Planned Community) Page 220 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 6-R (CARYN PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 221 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 9 ESTIMATE OF COSTS 11 District Budget 11 Definitions of Budget Items 13 METHOD OF ASSESSMENT 14 Overview 14 General Benefit 15 Special Benefit 15 Method of Assessment Spread 16 Cost of Living Inflator 17 ASSESSMENT DIAGRAM 18 ASSESSMENT ROLL AND ANNEXATIONS 20 Assessment Roll 20 Annexations 20 Page 222 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024, the City Council of Rancho Cucamonga (the “City”), under the Landscape and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 6-R (Caryn Planned Community) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Personnel Services 31,510$ Operations and Maintenance 571,770 Capital Expenditures 176,500 Total Expenditures Budget 779,780 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 604,430 Anticipated Prior Year Delinquencies Collection 5,310 Subtotal - Taxes 609,740 Transfer In 39,540 Total Revenues Budget 649,280 Contribution to/(Use of) Fund Balance (130,500)$ Total District EBU Count 1,199.84 Actual Assessment per EBU 504.32$ Maximum Allowable Assement per EBU 504.32$ Page 223 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 224 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon Page 225 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 4 Fiscal Year 2024/25 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing, must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located north of the 210 Freeway, south of Banyan St, west of Rochester Ave and east of Milliken Ave, also known as the Caryn Planned Community. The boundaries also include Tract No. 13835 east of Rochester Ave and Tracts No. 13748, 13857 & 13858 west of Milliken Ave . Zone 1 is the area generally located west of Rochester Ave and east of Milliken Ave. Zone 2 is the area generally located east of Rochester Ave and west of Milliken Ave. Description of Improvements and Services The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects Page 226 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 5 Fiscal Year 2024/25 and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Site # Descriptive Location CC-1 The southside of Banyan St from 1290 feet west of Milliken Ave to Milliken Ave. The west side of Milliken Ave median from Banyan St to 292 south of Vintage Dr. Ground Cover area: 96,892 square feet Turf area: 17,945 square feet Hardscape area: 13,944 square feet CC-3 The paseo on the west side of Morning Pl from Morning Pl to Deer Creek Channel. Ground Cover area: 2,801 square feet Turf area: 124 square feet Hardscape area: 4,609 square feet CC-4 The west side of Morning Pl, from Banyan St to Starview Pl. The north side of Starview Pl, from Morning Pl to Starview Pl. Ground Cover area: 14,273 square feet Turf Cover area: 5,513 square feet Hardscape area: 5,000 square feet CC-5 Silver Sun Ln paseo from the end of Silver Sun Ln cul-de-sac to Deer Creek Channel. Ground Cover area: 25,890 square feet Turf area: 12,084 square feet Hardscape area: 1,350 square feet CC-6 The east and west side of Netherlands View Loop from Vintage Dr to Vintage Dr. The Netherlands View Loop paseo from Netherlands View Loop to Mt Sterling Ct. Ground Cover area: 88,902 square feet Turf area: 676 square feet Hardscape area: 23,650 square feet CC-7 The east and west side of Hillview Loop from Mt Rainier Ct to Kettle Peak Pl. Ground Cover area: 14,930 square feet Turf area: 6,318 square feet Hardscape area: 12,236 square feet Page 227 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 6 Fiscal Year 2024/25 CC-8 The paseo from Hillview Loop to Vintage Dr. Ground Cover area: 42,107 square feet Hardscape area: 22,752 square feet Hardscape area: 4,089 square feet CC-9 The south side of Vintage Dr from 250 feet west of Hillview Loop to Hillview Loop. The west side of Hillview Loop from Vintage Dr to Kettle Peak Pl. The west side of Kettle Peak Pl from Hillview Loop to Donner Pass Ct. The east side of Hillview Loop from Kettle Peak Pl to Tioga Peak Ct. Ground Cover area: 47,334 square feet Turf area: 4,954 square feet Hardscape area: 9,088 square feet CC-10 The east side of Terrace View Loop from Vintage Dr to Butler Peak Pl. The west side of Terrace View Loop from Rainbow Falls Ct to Vintage Dr. Ground Cover area: 24,603 square feet Hardscape area: 10,760 square feet CC-11 The paseo from Caryn School to Banyan St. The south side of Banyan St from the paseo to Rochester Ave. The east and west side of Mt Baldy Pl from Banyan St to Sierra Crest View Loop. The north side of Sierra Crest View Loop from Hilltop Ct to Woodland Ct. Ground Cover area: 47,507 square feet Turf area: 7,810 square feet Hardscape area: 7,825 square feet CC-12 The separation paseo from Vintage Dr to Pinnacle Peak Ct. Ground Cover area: 50,325 square feet Turf area: 15,021 square feet Hardscape area: 7,675 square feet CC-13 The east side of Hillview Loop from Tioga Peak Ct to Vintage Dr. The south side of Vintage Dr from Hillview Loop to Terrace View Loop. The north side of Vintage Dr from Hillview Loop to Caryn School. The east side of Terrace View Loop from Vintage Dr to Mt San Antonio Ct. Ground Cover area: 26,162 square feet Turf area: 4,508 square feet Hardscape area: 12,928 square feet Page 228 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 7 Fiscal Year 2024/25 CC-14 The east side of Sierra Crest View Loop from Mt Waverly Ct to Vintage Dr. The north side of Vintage Dr from Sierra Crest View Loop to Sierra Crest View Loop. The east and west side of Sierra Crest View Loop from Vintage Dr to Mt Wilson Ct. The south side of Vintage Dr from Netherlands View Loop to 330 feet west of Netherlands View Loop . Ground Cover area: 73,250 square feet Turf area: 16,525 square feet Hardscape area: 9,885 square feet CC-15 The south side of Sierra Crest View Loop from Mt Waverly Ct to Mt Cambridge Ct. The north side of Sierra Crest View Loop from Mt Cambridge Ct to Woodland Ct. The north side of Sierra Crest View Loop from Hilltop Ct to Caryn School. The Sierra Crest View Loop paseo from Sierra Crest View Loop to Mt Sherman Ct. Ground Cover area: 70,990 square feet Turf area: 7,699 square feet Hardscape area: 20,055 square feet CC-16 The south side of Vintage Dr from Netherlands View Loop to Rochester Ave. The north side of Vintage Dr from Rochester Ave to Sierra Crest View Loop. The east and west side of Sierra Crest View Loop from Mt Wilson Ct to Mt Cambridge Ct. The Netherlands View Loop Paseo from Vintage Dr to Mt Sterling Ct. Ground Cover area: 77,202 square feet Turf area: 3,954 square feet Hardscape area: 18,195 square feet CC-17 The east side of Milliken Ave from Vintage Dr to Banyan St. Ground Cover area: 13,740 square feet Turf area: 9,088 square feet Hardscape area: 6,460 square feet CC-18 The north side of Vintage Dr from Milliken Ave to Hillview Loop. The south side of Vintage Dr from 104 feet west of Hillview Loop to Milliken Ave. Ground Cover area: 32,287 square feet Turf area: 3,889 square feet Hardscape area: 11,188 square feet CC-19 The Terrace View Loop paseo from Vintage Dr to Terrace View Loop. Ground Cover area: 17,469 square feet Turf area: 15,617 square feet Hardscape area: 2,736 square feet Page 229 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 8 Fiscal Year 2024/25 CC-20 The east side of Terrace View Loop from Mt San Antonio Ct to El Capitan Ct. The west side of Terrace View Loop from Butler Peak Pl to Mt San Antonio Ct. Ground Cover area: 20,627 square feet Hardscape area: 20,017 square feet Hardscape area: 7,888 square feet CC-21 The west side of Rochester Ave from Banyan St to 317 feet south of Vintage Dr. Ground Cover area: 31,292 square feet CC-22 The south side of Vintage Dr from Terrace View Loop to Sierra Crest View Loop. The east and west side of Hillview Loop from Vintage Dr to Mt Rainier Ct. Ground Cover area: 11,609 square feet Turf area: 3,763 square feet Hardscape area: 6,524 square feet CC-23 The south side of Banyan St from Milliken Ave to Butler Peak Pl. The west side of Butler Peak Pl from Banyan St to Terrace View Loop. The north side of Terrace View Loop from Butler Peak Pl to Rainbow Falls Ct. Ground Cover area: 12,132 square feet Hardscape area: 528 square feet CC-24 The north side of Terrace View Loop from El Capitan Ct to Butler Peak Pl. The east side of Butler Peak Pl from Terrace View Loop to Banyan St. The south side of Banyan St from Butler Peak Pl to 990 feet east of Butler Peak Pl. Ground Cover area: 14,452 square feet Hardscape area: 1,600 square feet CC-26 The east side of Rochester Ave from 210 freeway to Vintage Dr. The north and south side of Vintage Dr from Rochester Ave to Thunder Mountain Ave. The west side of Rochester Ave from 317 feet south of Vintage Dr to the 210 freeway. Ground Cover area: 35,037 square feet Hardscape area: 19,779 square feet CC-27 The Milliken Ave median and the west side of Milliken Ave from 292 feet south of Vintage Dr to 210 freeway. Ground Cover area: 13,365 square feet Hardscape area: 12,300 square feet CC-28 The east side of Milliken Ave from Vintage Dr to the 210 freeway right-of-way. Ground Cover area: 17,724 square feet Cobble area: 2,387 square feet Hardscape area: 5,810 square feet Page 230 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 9 Fiscal Year 2024/25 Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Page 231 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 10 Fiscal Year 2024/25 Page 232 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 11 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Personnel Services: Regular Salaries 15,980$ Overtime Salaries 5,500 Part Time Salaries 1,630 Fringe Benefits 8,400 Subtotal - Personnel 31,510 Operations and Maintenance: Operations and Maintenance: O & M/General 10,550 Contract Services: Contract Services/General 304,110 Tree Maintenance 71,850 Subtotal - Contract Services 375,960 Utilities: Water Utilities 144,180 Electric Utilities 2,580 Subtotal - Utilities 146,760 Assessment Administration 4,570 Admin./General Overhead 33,930 Subtotal - Operations and Maintenance 571,770 Capital Expenditures: Captial Outlay - Equipment 126,500 Captial Project 50,000 Subtotal - Capital Expenditures 176,500 Total Expenditures Budget 779,780$ Page 233 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 12 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 604,430$ Anticipated Prior Year Delinquencies Collection 5,310 Subtotal - Taxes 609,740 Transfer In: Transfer In - General Fund 39,540 Total Revenues Budget 649,280 Contribution to/(Use of) Fund Balance (130,500)$ Total Gross Estimated Assessments 605,102.05$ Total District EBU Count 1,199.84 Actual Assessment per EBU - Fiscal Year 2024/25 504.32$ Maximum Allowable Assement per EBU - Fiscal Year 2024/25 504.32$ The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved when the property owners on September 1, 2010, voted in favor of a Proposition 218 assessment ballot increase with an allowable annual increase by the lesser of 3.0% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U) and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 805,546$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 (130,500) Estimated Reserve Fund Balance, June 30, 2025 675,046$ Page 234 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 13 Fiscal Year 2024/25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Page 235 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 14 Fiscal Year 2024/25 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Page 236 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 15 Fiscal Year 2024/25 General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. Page 237 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 16 Fiscal Year 2024/25 The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single-family home as the basic unit of assessment. A single-family home equals one EBU. Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single-family home. Vacant parcels are assigned an EBU value of 0.25 EBU's per acre because they receive a lesser benefit from the improvements until such time as development occurs. Publicly owned school parcels are also assigned an EBU value of 0.25 EBU's per acre in recognition of the limited benefit they receive from the improvements which are provided for the use and benefit of the residential units within the District, and the benefit conferred upon other parcels within the District by the open space and landscaping maintained by the School District on their parcels which might be used by properties within the District under joint use agreements between the School District and the City. There are two benefit zones within the District: Zone 1 and Zone 2. Parcels in Zone 2 are assigned 0.75 EBU per dwelling unit due to the reduction in special benefit they receive as a result of their location relative to the majority of the improvements maintained by the District. Zone 2 parcels are on the far east and west side of the District. Therefore, parcels within Zone 2 do not receive the same special benefit from the improvements due to their proximity, as parcels within Zone 1 which are assigned 1.00 EBU per dwelling unit and are generally located adjacent to or in close proximity to the improvements. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Page 238 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 17 Fiscal Year 2024/25 Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential - Zone 1 1.00 Parcel Single Family Residential - Zone 2 0.75 Parcel School 0.25 Acre Undeveloped 0.25 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 20 24/25 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential - Zone 1 $504.32 $504.32 966.00 966.00 Single Family Residential - Zone 2 $504.32 $504.32 310.00 232.50 School $504.32 $504.32 5.35 1.34 Undeveloped $504.32 $504.32 0.00 0.00 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Cost of Living Inflator Each fiscal year beginning Fiscal Year 2011/12 , the maximum allowable assessment amount may be increased by the lesser of 3.0% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Riverside – San Bernardino – Ontario Consumer Price Index area. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment cannot exceed the actual costs to operate the District in any given year. If operating costs are Page 239 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 18 Fiscal Year 2024/25 such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. The actual assessment rate for Fiscal Year 20 24/25 will increase from $490.21 to $504.32 per single-family residence zone 1 and from $367.66 to $378.24 per single-family residence zone 2, a CPI increase of 2.88% as compared to Fiscal Year 2023/24. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 240 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 19 Fiscal Year 2024/25 Page 241 ____________________________________________________________________________ Landscape Maintenance District No. 6-R – City of Rancho Cucamonga 20 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 20 24/25 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential - Zone 1 $504.32 966.00 966.00 $487,173.12 Single Family Residential - Zone 2 $504.32 310.00 232.50 117,254.40 School $504.32 5.35 1.34 674.53 Undeveloped $504.32 0.00 0.00 0.00 Totals 1,281.35 1,199.84 $605,102.05 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for Fiscal Year 2024/25. Page 242 ATTACHMENT 6 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Landscape Maintenance District No. 7 (North Etiwanda) Page 243 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 244 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 11 ESTIMATE OF COSTS 13 District Budget 13 Definitions of Budget Items 15 METHOD OF ASSESSMENT 16 Overview 16 General Benefit 17 Special Benefit 17 Method of Assessment Spread 18 ASSESSMENT DIAGRAM 19 ASSESSMENT ROLL AND ANNEXATIONS 21 Assessment Roll 21 Annexations 21 Page 245 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024, the City Council of Rancho Cucamonga (the “City”), under the Landscape and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 7 (North Etiwanda) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Personnel Services 114,350$ Operations and Maintenance 997,540 Total Expenditures Budget 1,111,890 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 958,920 Anticipated Prior Year Delinquencies Collection 11,540 Subtotal - Taxes 970,460 Other Revenues 47,290 Total Revenues Budget 1,017,750 Contribution to/(Use of) Fund Balance (94,140)$ Total District EBU Count 3,123.00 Actual Assessment per EBU 307.05$ Maximum Allowable Assement per EBU 307.05$ Page 246 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 247 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include, but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public Page 248 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 4 Fiscal Year 2024/25 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City known as North Etiwanda, which is generally bounded by the 210 Freeway on the south, I-15 Freeway on the west, and City limits on the north and east. Typically, parcels have been annexed to the District as they have been developed. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of the paseos, parkways, median islands, street trees, parks, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and Page 249 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 5 Fiscal Year 2024/25 replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Etiwanda Creek Park. Site # Descriptive Location EN-1 The north side of Wilson Ave from San Sevaine Rd to Ridgeline Pl. The east side of Ridgeline Pl from Wilson Ave to Arcadia Way. Ground Cover area: 27,325 square feet Turf area: 19,334 square feet Hardscape area: 840 square feet EN-2 The Metropolitan Water District easement on the south side of Crescenta Way from San Marino Way to Ridgeline Pl. Ground Cover area: 38,104 square feet Turf area: 41,250 square feet Hardscape area: 9,000 square feet EN-3 The Wilson Ave median from Wardman Bullock Rd to San Sevaine Rd. Ground Cover area: 9,016 square feet Hardscape area: 11,088 square feet EN-4 The Planters on the north side of the drainage easement that is between and parallel to Highland Ave and Arapaho Rd from Etiwanda Ave east to the end. Ground Cover area: 63,972 square feet EN-5 The south side of Wilson Ave from 1,115 feet west of San Sevaine Rd to 205 feet east of San Sevaine Rd. The east side of San Sevaine Rd from Wilson Ave to Young’s Canyon Rd. Ground Cover area: 45,584 square feet Turf area: 3,527 square feet EN-6 The north side of Wilson Ave from Wardman Bullock Rd to Ridgeline Pl. The west side of Ridgeline Pl from Wilson Ave to 120 feet north of Arcadia Way. Ground Cover area: 29,226 square feet Turf area: 15,136 square feet Hardscape area: 1,300 square feet Page 250 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 6 Fiscal Year 2024/25 EN-7 The parkway on the eastside of Wardman Bullock Rd from Wilson Ave to 857 feet north of Glendora Dr. The cobblestone between the tract wall and the flood wall will be handled for debris pickup and weed control on an as needed basis. Ground Cover area: 10,268 square feet Hardscape area: 31,549 square feet EN-8 The south side of Crescenta Way from Ridgeline Pl to Crestline Pl. Ground Cover area: 50,305 square feet Turf area: 35,960 square feet Hardscape area: 10,000 square feet EN-9 The paseo from Meadowbrook Ct to Rock Creek Rd. Ground Cover area: 1,400 square feet Turf area: 6,555 square feet Hardscape area: 2,820 square feet EN-10 The paseo from Etiwanda Ave to Pacific Crest Pl. The west side of Etiwanda Ave from 175 feet north of N Rim Way to 171 feet south of Golden Prairie Dr. Ground Cover area: 49,020 square feet Turf area: 4,445 square feet Hardscape area: 13,026 square feet EN-11 The paseo south of Ridgecrest Dr to southern boundary of Tract 14139. This site is temporarily maintained by another contractor and was deleted from the contract as of July 16, 2001; however, this site is still the City's property. Ground Cover area: 3,548 square feet Turf area: 800 square feet Hardscape area: 4,280 square feet EN-12 The cul-de-sac on the north side of Ridgecrest Dr at Etiwanda Creek Channel. Ground Cover area: 1,870 square feet Turf area: 700 square feet Hardscape area: 450 square feet EN-13 The north side of Wilson Ave from 574 feet west of Cherry Ave to the channel east of San Sevaine Rd. The Wilson Ave median from Cherry Ave to San Sevaine Rd. The east side of San Sevaine Rd from Wilson Ave to 136 feet north of Crescenta Way. Ground Cover area: 46,611 square feet Turf area: 5,037 square feet Page 251 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 7 Fiscal Year 2024/25 EN-14 The west side of San Sevaine Rd from 150 feet north of Wilson Ave to 136 feet north of Crescenta Way. Ground Cover area: 55,166 square feet Turf area: 235 square feet Hardscape area: 6,975 square feet EN-15 The north side of Young’s Canyon Rd from 500 feet east of Koch Pl to 692 feet west of Koch Pl. The south side of Young’s Canyon Rd from 349 feet east of Koch Pl to 692 feet west of Koch Pl. The east and west side of Koch Pl place from Young’s Canyon Rd to 132 feet north of Young’s Canyon Rd. The west side of Koch Pl from Young’s Canyon Rd to 132 feet south of Young’s Canyon Rd. The east side of Koch Pl from 82 feet south of Young’s Canyon Rd to Young’s Canyon Rd. The trailhead north east of the east end of Young’s Canyon Rd to the south end of San Sevaine Rd Horse Trail. The south end of San Sevaine Rd Horse from the trail head to 254 feet north of trailhead. Ground Cover area: 42,925 square feet Hardscape area: 14,308 square feet EN-16 The east side of Wardman Bullock Rd from 225 feet south of San Segundo Dr to 80 feet north of Dona Way. Ground Cover area: 2,056 square feet Hardscape area: 3,450 square feet EN-17 The north side of Colonbero Rd from San Sevaine Rd Channel to Guidera Dr. The south side of Colonbero Rd from San Sevaine Rd Channel to 400 feet north of Guidera Dr. The north side of Aggazzotti Rd from Colonbero Rd to 475 feet east of Colonbero Rd. This site has a pump which will be adjusted and maintained by City personnel. Ground Cover area: 43,241 square feet Hardscape area: 29,125 square feet EN-18 The north side of Aggazzotti Rd from San Antonio Dr to San Sevaine Rd. The west side of San Sevaine Rd from Aggazzotti Rd to 702 feet south of Aggazzotti Rd. The east side of San Sevaine Rd from 702 feet south of Aggazzotti Rd to Regina Dr. Ground Cover area: 47,823 square feet Hardscape area: 30,986 square feet EN-19 The south side of Wilson Ave from Etiwanda Ave to Estates Way. Ground Cover area: 45,727 square feet Hardscape area: 19,229 square feet Page 252 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 8 Fiscal Year 2024/25 EN-20 The south side of Wilson Ave form Bluegrass Ave to Estates Way. Ground Cover area: 85,155 square feet Hardscape area: 48,784 square feet EN-21 The north side of Wilson Ave from Etiwanda Ave to Cervantes Pl. The Wilson Ave median from Etiwanda Ave to Cervantes Pl. The westside of Etiwanda Ave from Wilson Ave to Del Norte Pl. Ground Cover area: 88,795 square feet Hardscape area: 27,128 square feet EN-22 The north and south side of Vintage Dr from 165 feet east of Countrywood Pl to 338 feet west of Countrywood Pl. Ground Cover area: 13,603 square feet Hardscape area: 7,365 square feet EN-23 The north side of Wilson Ave and median from Etiwanda Ave west to Etiwanda Ave. The east side of Etiwanda Ave from Wilson Ave to 1150 feet north of Wilson Ave. Ground Cover area: 32,027 square feet Hardscape area: 29,567 square feet EN-24 The north side of Vintage Dr from 360 feet west of Ascot Pl to 230 feet east of Countrywood Pl. The south side of Vintage Dr from Ascot Pl to 500 feet east of Countrywood Pl. Ground Cover area: 34,707 square feet Hardscape area: 92,600 square feet EN-25 The east side of Bluegrass Ave from Banyan St to 610 feet north of Banyan St. Ground Cover area: 4,054 square feet Hardscape area: 5,819 square feet EN-26 The south side of Banyan St from Bluegrass Ave to Greenwood Pl. Ground Cover area: 6,240 square feet Hardscape area: 3,200 square feet EN-27 The south side of Banyan St from Laurel Blossom Pl to Etiwanda Ave. Ground Cover area: 1,703 square feet Hardscape area: 8,417 square feet Page 253 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 9 Fiscal Year 2024/25 EN-28 The north side of Wilson Ave from Cervantes Pl to 1715 feet west of Cervantes Pl. The west side of Cervantes Pl from Carmel Knolls Dr to Wilson Ave. The paseo from Wilson Ave to Tejas Ct. The median on Wilson Ave from Cervantes Pl to Bluegrass Ave. The following temporary landscape: There is one planter on the west side of Altura Dr at Tejas Ct. There are five planters on the south side of Tejas Ct from Altura Dr to 195 feet east of Altura Dr. Ground Cover area: 25,048 square feet Hardscape area: 22,532 square feet EN-29 The south side of Banyan St from 787 feet west of East Ave to East Ave. The west side of East Ave from Banyan St to 600 feet south of Blue Gum. The east side of East Ave from Banyan St to 537 feet south of Banyan St. Ground Cover area: 16,111 square feet Hardscape area: 15,774 square feet EN-30 The east side of Bluegrass Ave from 257 feet south of Churchill Dr to 418 feet north of Churchill Dr. Ground Cover area: 9,303 square feet Hardscape area: 5,302 square feet EN-31 The south side of Banyan St from 375 feet south of Cashew Way to Rose Way. The north side of Banyan St from 435 feet west of Peak Pl to Wardman Bullock Rd. Ground Cover area: 53,000 square feet Hardscape area: 26,855 square feet EN-32 The landscaping south of the equestrian trail from 210 feet west of Grovewood Pl to 1,170 feet east of Grovewood Pl. Ground Cover area: 6,900 square feet EN-33 The north side of Young’s Canyon Rd from 600 feet east of Banyan St to Banyan St. The east side of Wardman Bullock Rd from Banyan St to Wilson Ave. The south side of Wilson Ave from Wardman Bullock Rd to 635 feet east of Fields Pl. Ground Cover area: 66,601 square feet Hardscape area: 46,332 square feet EN-34 The west side of Wardman Bullock Rd from Wilson Ave to Banyan St. Parkview Way from Wardman Bullock Rd to Soledad Way. Ground Cover area: 67,021 square feet Hardscape area: 34,045 square feet EN-35 The north side of Day Creek Blvd from Etiwanda Ave to Indian Wells Pl. Ground Cover area: 160,737 square feet Hardscape area: 128,254 square feet Page 254 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 10 Fiscal Year 2024/25 EN-36 The south side of Day Creek Blvd from 380 feet north of Coyote Dr to Etiwanda Ave. The west side of Etiwanda Ave from Day Creek Blvd to 170 feet north of N Rim Way. The west side of Day Creek Blvd from 380 feet north of Coyote Dr to Indian Wells Pl. Ground Cover area: 58,398 square feet Hardscape area: 68,127 square feet EN-37 The east side of East Ave from 235 feet south of Hunt Club Dr to 375 feet north of Hunt Club Dr. Ground Cover area: 5,559 square feet Hardscape area: 5,231 square feet EN-38 The west side of East Ave from 236 feet north of Philly Dr to 245 feet south of Philly Dr. Ground Cover area: 4,605 square feet Hardscape area: 3,394 square feet EN-39 The south side of Banyan St from Golden Lock Pl to Raindrop Pl. Ground Cover area 6,024 square feet Hardscape area: 330 square feet EN-40 The west side of Wardman Bullock Rd from Colonbero Rd to Breeders Cup Dr. The east side of Wardman Bullock Rd from Colonbero Rd to 385 feet south of Colonbero Rd. Ground Cover area: 28,527 square feet Hardscape area: 21,723 square feet EN-41 The north side of Colonbero Rd from Wardman Bullock Rd to Ambleside Pl. The south side of Colonbero Rd from 150 feet east of Wardman Bullock Rd to Ambleside Pl. The east side of Ambleside Pl from Colonbero Rd to 700 feet north of Colonbero Rd. Ground Cover area: 17,065 square feet Hardscape area: 12,990 square feet EN-42 The west side of Wardman Bullock Rd from 778 feet north of Coral Sky Dr to Wilson Ave. The north side of Wilson Ave from Wardman Bullock Rd to 218 feet west of Compass Pl. The east and west sides of Compass Pl. from Wilson Ave to the entrance monuments. Ground Cover area: 31,809 square feet Hardscape area: 34,321 square feet Page 255 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 11 Fiscal Year 2024/25 EN-43 The east side of East Av from 230 feet south of Copley Dr to 655 feet north of Copley Dr. The Landscape on the south side of the trail 655 feet north of Copley Dr from East Av to Gypsum Dr. The planters on the north and south side of the trail on Gypsum Dr from Golden Lock Pl to Raindrop Pl. Ground Cover area: 14,954 square feet Hardscape area: 18, 007 square feet Parks, ground cover, shrubs and turf areas that make up parkways, median islands and paseos are maintenance under contract by a private landscape maintenance company. Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Page 256 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 12 Fiscal Year 2024/25 Page 257 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 13 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Personnel Services: Regular Salaries 52,640$ Part-time Salaries 27,030 Fringe Benefits 34,680 Subtotal - Personnel 114,350 Operations and Maintenance: Operations and Maintenance: O & M/General 46,470 O & M/Facilities 2,500 Emergency Equipment and Vehicle Rental 5,000 Subtotal - Operations and Maintenance 53,970 Contract Services: Contract Services/General 465,200 Contract Services/Facilities 3,030 Tree Maintenance 73,650 Subtotal - Contract Services 541,880 Utilities: Water Utilities 296,820 Electric Utilities 17,410 Subtotal - Utilities 314,230 Admin./General Overhead 86,780 Other Expenses 680 Subtotal - Operations and Maintenance 997,540 Total Expenditures Budget 1,111,890$ Page 258 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 14 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 958,920$ Anticipated Prior Year Delinquencies Collection 11,540 Subtotal - Taxes 970,460 Other Revenues: Other Rental/Lease Income 42,860 Park Maintenance Fees 1,250 Sports Lighting Fees 3,180 Subtotal - Other Revenues:47,290 Total Revenues Budget 1,017,750 Contribution to/(Use of) Fund Balance (94,140)$ Total Gross Estimated Assessments 958,917.15$ Total District EBU Count 3,123.00 Actual Assessment per EBU - Fiscal Year 2024/25 307.05$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 307.05$ The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 797,883$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 (94,140) Estimated Reserve Fund Balance, June 30, 2025 703,743$ Page 259 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 15 Fiscal Year 2024/25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Page 260 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 16 Fiscal Year 2024/25 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Se ction 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Page 261 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 17 Fiscal Year 2024/25 General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City’s system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. Page 262 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 18 Fiscal Year 2024/25 The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIID and Proposition 218 had not yet been passed. Upon the passage of Article XIID and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined, however, the assessment per parcel has remained the same since 1996/97 Fiscal Year. Further, no parcel included in the District formation or annexations prior to when the language was refined are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single-family home as the basic unit of assessment. A single-family home equals one EBU. The following table provides the weighting factors to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value M ultiplier Single Family Residential 1.00 Parcel The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU Page 263 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 19 Fiscal Year 2024/25 assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 20 24/25 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $307.05 $307.05 3,123.00 3,123.00 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 264 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 20 Fiscal Year 2024/25 Page 265 ____________________________________________________________________________ Landscape Maintenance District No. 7 – City of Rancho Cucamonga 21 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2024/25 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $307.05 3,123.00 3,123.00 $958,917.15 Totals 3,123.00 3,123.00 $958,917.15 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following annexations are effective for Fiscal Year 2024/25 : APN Annexation Date Project Total Units / Acres Total EBUs Type 0226-231-54 02/15/23 DRC2020-00022 1.00 1.00 Single-Family Res 0225-171-04 03/15/23 SUBTT20337 9.00 9.00 Single-Family Res 0225-123-09 10/18/23 SUBTPM20655 3.89 3.89 Vacant Page 266 ATTACHMENT 7 Preliminary Annual Engineering Report Fiscal Year 2024/25 City of Rancho Cucamonga Landscape Maintenance District No. 8 (South Etiwanda) Page 267 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.774.2700 Fax: 909.774.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 268 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 General Benefit 11 Special Benefit 11 Method of Assessment Spread 12 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 269 ____________________________________________________________________________ Landscape Maintenance District No. 8 – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024, the City Council of Rancho Cucamonga (the “City”), under the Landscape and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 202 4-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 8 (South Etiwanda) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Personnel Services 12,720$ Operations and Maintenance 34,260 Total Expenditures Budget 46,980 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 34,270 Anticipated Prior Year Delinquencies Collection 370 Total Revenues Budget 34,640 Contribution to/(Use of) Fund Balance (12,340)$ Total District EBU Count 226.22 Actual Assessment per EBU 151.45$ Maximum Allowable Assement per EBU 151.45$ Page 270 ____________________________________________________________________________ Landscape Maintenance District No. 8 – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 271 ____________________________________________________________________________ Landscape Maintenance District No. 8 – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon Page 272 ____________________________________________________________________________ Landscape Maintenance District No. 8 – City of Rancho Cucamonga 4 Fiscal Year 2024/25 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area known as South Etiwanda, which is south of the I-210 Freeway along Fisher Dr, east of East Ave, including the south side of Highstone Manor Ct, the south side of Smokestone St, and to the San Bernardino County Flood Control drainage basin on east side. Typically, parcels have been annexed to the District as they have been developed. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects Page 273 ____________________________________________________________________________ Landscape Maintenance District No. 8 – City of Rancho Cucamonga 5 Fiscal Year 2024/25 and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Site # Descriptive Location SE-1 The east side of East Ave from 480 feet south of Catalpa St to 182 feet north of Catalpa St. The north and south side of Catalpa St from East Ave to Brownstone Pl. The west side of Brownstone Pl from Catalpa St to 150 feet south of Catalpa St. Not including the frontage parkway at 6649 East Ave . Ground Cover area: 10,355 square feet Turf area: 6,258 square feet Hardscape area: 4,050 square feet SE-2 The south side of Fisher Dr from 361 feet east of East Ave to 210 feet east of Starstone Pl. Ground Cover area: 9,366 square feet Hardscape area: 4,074 square feet SE-3 The south side of Fisher Dr from 860 feet west of Mulberry St to Mulberry St. Ground Cover area: 3,676 square feet Hardscape area: 6,910 square feet SE-4 The east of side of East Ave from 700 feet south of Fisher Dr to Fisher Dr. The south side of Fisher Dr from East Ave to 358 feet east of East Ave. Ground Cover area: 5,174 square feet Hardscape area: 10,694 square feet Ground cover, shrubs and turf areas that make up parkways, median islands and paseos are maintained under contract by a private landscape maintenance company. With a Majority Protest for the Proposition 218 Ballot Initiative in September 2010, the City stopped maintaining the north side of Fisher Dr and reduced the service level to a B. Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Page 274 ____________________________________________________________________________ Landscape Maintenance District No. 8 – City of Rancho Cucamonga 6 Fiscal Year 2024/25 Page 275 ____________________________________________________________________________ Landscape Maintenance District No. 8 – City of Rancho Cucamonga 7 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Personnel Services: Regular Salaries 8,690$ Fringe Benefits 4,030 Subtotal - Personnel 12,720 Operations and Maintenance: Operations and Maintenance: O & M/General 1,500 Contract Services: Contract Services/General 14,300 Tree Maintenance 9,900 Subtotal - Contract Services 24,200 Utilities: Water Utilities 7,870 Electric Utilities 380 Subtotal - Utilities 8,250 Admin./General Overhead 310 Subtotal - Operations and Maintenance 34,260 Total Expenditures Budget 46,980$ Page 276 ____________________________________________________________________________ Landscape Maintenance District No. 8 – City of Rancho Cucamonga 8 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 34,270$ Anticipated Prior Year Delinquencies Collection 370 Subtotal - Taxes 34,640 Total Revenues Budget 34,640 Contribution to/(Use of) Fund Balance (12,340)$ Total Gross Estimated Assessments 34,261.02$ Total District EBU Count 226.22 Actual Assessment per EBU - Fiscal Year 2024/25 151.45$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 151.45$ The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved when the District was formed, and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 45,444$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 (12,340) Estimated Reserve Fund Balance, June 30, 2025 33,104$ Page 277 ____________________________________________________________________________ Landscape Maintenance District No. 8 – City of Rancho Cucamonga 9 Fiscal Year 2024/25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Page 278 ____________________________________________________________________________ Landscape Maintenance District No. 8 – City of Rancho Cucamonga 10 Fiscal Year 2024/25 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Page 279 ____________________________________________________________________________ Landscape Maintenance District No. 8 – City of Rancho Cucamonga 11 Fiscal Year 2024/25 General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City’s system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and , as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. Page 280 ____________________________________________________________________________ Landscape Maintenance District No. 8 – City of Rancho Cucamonga 12 Fiscal Year 2024/25 The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single-family home as the basic unit of assessment. A single-family home equals one EBU. Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single-family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Non-Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. Page 281 ____________________________________________________________________________ Landscape Maintenance District No. 8 – City of Rancho Cucamonga 13 Fiscal Year 2024/25 The following table summarizes the Fiscal Year 20 24/25 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $151.45 $151.45 199.00 199.00 Non-Residential 151.45 151.45 13.61 27.22 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 282 ____________________________________________________________________________ Landscape Maintenance District No. 8 – City of Rancho Cucamonga 14 Fiscal Year 2024/25 Page 283 ____________________________________________________________________________ Landscape Maintenance District No. 8 – City of Rancho Cucamonga 15 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 20 24/25 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $151.45 199.00 199.00 $30,138.55 Non-Residential 151.45 13.61 27.22 4,122.47 Totals 212.61 226.22 $34,261.02 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for Fiscal Year 2024/25. Page 284 ATTACHMENT 8 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Landscape Maintenance District No. 9 (Lower Etiwanda) Page 285 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 286 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 7 ESTIMATE OF COSTS 9 District Budget 9 Definitions of Budget Items 11 METHOD OF ASSESSMENT 12 Overview 12 General Benefit 13 Special Benefit 13 Method of Assessment Spread 14 Cost of Living Inflator 15 ASSESSMENT DIAGRAM 16 ASSESSMENT ROLL AND ANNEXATIONS 18 Assessment Roll 18 Annexations 18 Page 287 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024, the City Council of Rancho Cucamonga (the “City”), under the Landscape and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 9 (Lower Etiwanda) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Personnel Services 504,510$ Operations and Maintenance 391,240 Capital Expenditures 450,000 Total Expenditures Budget 1,345,750 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 779,040 Anticipated Prior Year Delinquencies Collection 1,380 Subtotal - Taxes 780,420 Other Revenues 3,060 Total Revenues Budget 783,480 Contribution to/(Use of) Fund Balance (562,270)$ Total District EBU Count 2,497.56 Actual Assessment per EBU 311.92$ Maximum Allowable Assement per EBU 723.93$ Page 288 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 289 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant mate rials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, fo r a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public Page 290 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 4 Fiscal Year 2024/25 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area known as Lower Etiwanda, which is south of Victoria St, north of Foothill Blvd, generally east of Etiwanda Ave and the I-15 Freeway and west of East Ave. Typically, parcels have been annexed to the District as they have developed. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, Page 291 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 5 Fiscal Year 2024/25 repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Garcia Park (formerly known as South Etiwanda Park). Site # Descriptive Location 9-1 The west side of East Ave from 380 feet north of Chateau Dr to 290 feet south of Chateau Dr. Ground Cover area: 7,244 square feet Hardscape area: 7,525 square feet 9-2 The west side of East Ave from 339 feet north of Brookfield Dr to 157 north of Brookfield Dr. Brookfield Dr from East Ave to Oakcrest Ct. The east side of Oakcrest Ct to 137 feet north of Brookfield Dr. Ground Cover area: 2,390 square feet Hardscape area: 6,874 square feet 9-3 The west side of East Ave from 790 feet north of Highfield Dr to 256 feet south of Highfield Dr. Ground Cover area: 8,769 square feet Hardscape area: 10,669 square feet 9-4 The west side of East Ave from 295 feet north of Via Veneto Dr To Via Veneto Dr. The north side of Via Veneto Dr From East Ave to Dolcetto Pl. The east side of Dolcetto Pl from Via Veneto Dr to Miller Ave. The south side of Miller Ave from 372 feet west of Dolcetto Pl to 240 feet east of Dolcetto Pl. The west side of Dolcetto Pl from Miller Ave to Garcia Dr. The north side of Garcia Dr from Dolcetto Pl to Etiwanda Ave . Ground Cover area: 48,612 square feet Hardscape area: 28,746 square feet 9-5 The north side of Miller Ave from 429 feet west of Dolcetto Pl to 1029 feet west of Dolcetto Pl. Ground Cover area: 6,519 square feet Hardscape area: 3,325 square feet Page 292 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 6 Fiscal Year 2024/25 9-6 The north side of Miller Ave from 254 feet east of Dolcetto Pl to 167 feet west of Dolcetto Pl. Ground Cover area: 4,089 square feet Hardscape area: 2,854 square feet 9-8 The south side of Base Line Rd from Etiwanda Ave to Shelby Pl. The Base Line Rd median from Etiwanda Ave to 473 feet east of Shelby Pl. Ground Cover area: 16,395 square feet Hardscape area: 14,558 square feet 9-9 The north side of Candlewood St from Exbury Pl to Etiwanda Ave. Ground Cover area: 3,362 square feet Hardscape area: 786 square feet 9-10 The north side of Base Line Rd from 522 feet east of Forester Pl to 180 feet west of Forester Pl. The Base Line Rd median from 503 feet east of Forester Pl to 200 feet west of Forester Pl. Ground Cover area: 16,930 square feet Hardscape area: 13,600 square feet 9-11 The north side of Mueller Ct from 40 feet past the east end of Mueller Ct to 20 feet east of Dicarlo Pl. Ground Cover area: 9,420 square feet Hardscape area: 742 square feet 9-12 The north and south sides of Highland Ave from 217 feet west of Norcia Dr to 210 feet east of Dicarlo Pl. Ground Cover area: 12,471 square feet Hardscape area: 14,445 square feet 9-13 The south side of Carnesi Dr from Etiwanda Ave to 395 feet east of Murietta Ct. Ground Cover area: 8,919 square feet Hardscape area: 6,203 square feet 9-14 The west side of East Ave from 665 feet north of Miller Ave to Miller Ave. The north side of Miller Ave from East Ave to 667 feet west of East Ave . Ground Cover area: 9,150 square feet Hardscape area: 16,226 square feet 9-15 The north side of Base Line Rd from Shelby Pl to 343 feet east of Shelby Pl. Ground Cover area: 3,480 square feet Hardscape area: 4,638 square feet Page 293 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 7 Fiscal Year 2024/25 9-16 The east side of Dolcetto Pl from Garcia Dr to Via Veneto Dr. The south side of Via Veneto Dr from Dolcetto Pl to East Ave . The west side of East Ave from Via Veneto Dr to 276 feet south of Via Veneto Dr. Ground Cover area: 16,310 square feet Hardscape area: 13,411 square feet 9-17 The east side of Etiwanda Ave from 145 feet south of Miller Ave to Miller Ave. The south side of Miller Ave from Etiwanda Ave to Three Vines Pl. Ground Cover area: 7,535 square feet Hardscape area: 6,130 square feet FH-17 The Foothill Blvd median from Etiwanda Ave to Cornwell Ct. Ground Cover area: 8,275 square feet Ground cover, shrubs and turf areas that make up parkways, median islands and paseos are maintained under contract by a private landscape maintenance company. Parks are maintained by the City’s Park Maintenance Crews. Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Page 294 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 8 Fiscal Year 2024/25 Page 295 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 9 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Personnel Services: Regular Salaries 314,590$ Part-time Salaries 25,080 Fringe Benefits 164,840 Subtotal - Personnel 504,510 Operations and Maintenance: Operations and Maintenance: O & M/General 17,800 Emergency Equipment and Vehicle Rental 1,000 Subtotal - Operations and Maintenance 18,800 Contract Services: Contract Services/General 129,340 Tree Maintenance 62,330 Subtotal - Contract Services 191,670 Utilities: Water Utilities 76,510 Electric Utilities 3,840 Subtotal - Utilities 80,350 Assessment Administration 5,240 Admin./General Overhead 95,180 Subtotal - Operations and Maintenance 391,240 Capital Expenditures: Captial Outlay - Equipment 450,000 Subtotal - Capital Expenditures 450,000 Total Expenditures Budget 1,345,750$ Page 296 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 10 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 779,040$ Anticipated Prior Year Delinquencies Collection 1,380 Subtotal - Taxes 780,420 Other Revenues: Park Maintenance Fees 2,950 Sports Field User Group Rentals 110 Subtotal - Other Revenues:3,060 Total Revenues Budget 783,480 Contribution to/(Use of) Fund Balance (562,270)$ Total Gross Estimated Assessments 779,038.89$ Total District EBU Count 2,497.56 Actual Assessment per EBU - Fiscal Year 2024/25 311.92$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 723.93$ Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per Equivalent Benefit Unit (EBU) will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 1,823,185$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 (562,270) Estimated Reserve Fund Balance, June 30, 2025 1,260,915$ Page 297 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 11 Fiscal Year 2024/25 The City has reserve funds that are more than sufficient to cover an estimated six months’ worth of maintenance and servicing costs for the District. When there are excess funds in the District’s reserve account, the excess can be used to lower the annual levy to property owners within the District. The City will continue to annually review the estimated costs and expenses for the District as well as reserve fund levels, in order to determine if future levies can be reduced as well. Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Page 298 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 12 Fiscal Year 2024/25 Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D. all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. Page 299 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 13 Fiscal Year 2024/25 The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City’s system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the Assessment District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and Page 300 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 14 Fiscal Year 2024/25 • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the main tenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single-family home as the basic unit of assessment. A single-family home equals one EBU. Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use}, and size of the property, as compared to a single-family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value M ultiplier Single Family Residential 1.00 Parcel Multi-Family Residential 1.00 Unit Non-Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment an d assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. Page 301 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 15 Fiscal Year 2024/25 The following summarizes the Fiscal Year 2024/25 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $723.93 $311.92 1,080.00 1,080.00 Multi-Family Residential 723.93 311.92 1,381.00 1,381.00 Non-Residential 723.93 311.92 18.28 36.56 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Cost of Living Inflator Each fiscal year beginning with Fiscal Year 2001/0 2, the maximum allowable assessment may be increased each year, based upon the Consumer Price Index ("CPI"), All Urban Consumers (CPI-U), for the Riverside – San Bernardino – Ontario Consumer Price Index area, as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. The Engineer shall compute the percentage difference between the CPI for March of each year and the CPI for the previous March, and shall then adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment cannot exceed the actual costs to operate the District in any given year. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. The actual assessment rate for Fiscal Year 2024/25 will remain at $311.92 per single-family residence. Page 302 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 16 Fiscal Year 2024/25 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 303 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 17 Fiscal Year 2024/25 Page 304 ____________________________________________________________________________ Landscape Maintenance District No. 9 – City of Rancho Cucamonga 18 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 20 24/25 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $311.92 1,080.00 1,080.00 $336,873.60 Multi-Family Residential 311.92 1,381.00 1,381.00 430,761.52 Non-Residential 311.92 18.28 36.56 11,403.77 Totals 2,479.28 2,497.56 $779,038.89 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for Fiscal Year 2024/25. Page 305 ATTACHMENT 9 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Landscape Maintenance District No. 10 (Rancho Etiwanda) Page 306 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 10 (RANCHO ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 307 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 7 ESTIMATE OF COSTS 9 District Budget 9 Definitions of Budget Items 11 METHOD OF ASSESSMENT 12 Overview 12 General Benefit 13 Special Benefit 13 Method of Assessment Spread 14 Cost of Living Inflator 15 ASSESSMENT DIAGRAM 15 ASSESSMENT ROLL and ANNEXATIONS 17 Assessment Roll 17 Annexations 17 Page 308 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024, the City Council of Rancho Cucamonga (the “City”), under the Landscape and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 10 (Rancho Etiwanda) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Personnel Services 338,900$ Operations and Maintenance 563,670 Capital Expenditures 184,250 Total Expenditures Budget 1,086,820 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 697,520 Anticipated Prior Year Delinquencies Collection 5,550 Subtotal - Taxes 703,070 Other Revenues 31,510 Total Revenues Budget 734,580 Contribution to/(Use of) Fund Balance (352,240)$ Total District EBU Count 786.00 Actual Assessment per EBU 887.43$ Maximum Allowable Assessment per EBU 1,114.00$ Page 309 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 310 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public Page 311 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 4 Fiscal Year 2024/25 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area known as Rancho Etiwanda, which lies north of the 210 Freeway, east of Day Creek Channel, and west of Bluegrass Ave. Typically parcels have been annexed to the District as they have developed. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, Page 312 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 5 Fiscal Year 2024/25 repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Day Creek Park. Site # Descriptive Location 10-1 The west side of Day Creek Blvd from 790 feet north of Richfield Dr to Wilson Ave. The north side of Wilson Ave from Day Creek Blvd to 227 feet west of Day Creek Blvd. This site overlaps 10-2. Ground Cover area: 16,941 square feet Hardscape area: 3,589 square feet 10-2 The north and south side of Wilson Ave from 497 feet west of Alvarado Pl to Day Creek Blvd. The south side of Wilson Ave from Day Creek Blvd to Bluegrass Ave. The Wilson Ave median from Day Creek Blvd to Bluegrass Ave. Ground Cover area: 47,275 square feet Hardscape area: 6,444 square feet 10-3 The west side of Day Creek Blvd from Wilson Ave to 144 feet south of Clydesdale Dr. The Day Creek Blvd median from Wilson Ave to Banyan St. Ground Cover area: 32,619 square feet Hardscape area: 10,983 square feet 10-4 The east side of Day Creek Blvd from 648 feet south of Keenland Dr to Wilson Ave. Ground Cover area: 15,952 square feet Hardscape area: 4,365 square feet 10-5 The west side of Bluegrass Ave from Wilson Ave to 705 feet south of Challendon Dr. Ground Cover area: 26,882 square feet Hardscape area: 12,220 square feet 10-6 The south side of Banyan St from Rochester Ave to Day Creek Blvd. The north side of Banyan St from 427 feet west of Rocking Horse Pl to Rocking Horse Pl. The west side of Day Creek Blvd from Banyan St to Vintage Dr. The north side of Vintage Dr from Day Creek Blvd to the paseo ending 153 feet west of Sandhill Pl. Ground Cover area: 44,000 square feet Hardscape area: 16,197 square feet Page 313 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 6 Fiscal Year 2024/25 10-7 The north side of Vintage Dr from 180 feet east of Taylor Canon Pl to Day Creek Blvd. The east side of Day Creek Blvd from Vintage Dr to Banyan St. The south side of Banyan St from Day Creek Blvd to Bluegrass Ave . Ground Cover area: 22,164 square feet Hardscape area: 11,724 square feet 10-8 The landscape against the south side facing wall north of the 210 freeway from the top of the slope on the east side of Day Creek Blvd to 300 feet eastward. The Day Creek Blvd median from the 210 freeway to Vintage Dr. The east side of Day Creek Blvd from Caltrans ROW to Vintage Dr. The south side of Vintage Dr from Day Creek Blvd to 180 feet east of Taylor Canyon Pl. Ground Cover area: 16,841 square feet Hardscape area: 7,025 square feet 10-9 The north side of Coyote Dr from Brookstone Pl to Day Creek Blvd. The east side of Day Creek Blvd from Coyote Dr to 358 feet north of Coyote Dr. The west side of Day Creek Blvd from 118 feet north of Coyote Dr to 380 feet north of Coyote Dr. Ground Cover area: 9,403 square feet Hardscape area: 6,052 square feet 10-10 The north side of Wilson Ave from 395 feet east of Day Creek Blvd to Day Creek Blvd. The east side of Day Creek Blvd from Wilson Ave to Blackstone Dr. The south side of Blackstone Dr from Day Creek Blvd to Stoneview Rd. The north side of Blackstone Dr from Day Creek Blvd to 165 feet west of Stoneview Rd. Ground Cover area: 26,304 square feet Hardscape area: 19,117 square feet 10-11 The west side of Day Creek Blvd from 340 feet north of Banyan St to Banyan St. The north side of Banyan St from Day Creek Blvd to Rocking Horse Pl. Ground Cover area: 20,378 square feet Hardscape area: 11,212 square feet 10-12 The paseo on the east side of Stoneview Rd across from Duncaster Pl. Ground Cover area: 3,326 square feet Hardscape area: 2,374 square feet 10-13 The west side of Day Creek Blvd from 340 feet south of Vintage Dr to 915 feet south of Vintage Dr. Ground Cover area: 27,416 square feet Hardscape area: 16,167 square feet Page 314 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 7 Fiscal Year 2024/25 10-14 The south side of Vintage Dr from Saddle Tree Pl to Day Creek Blvd. The west side of Day Creek Blvd from Vintage Dr to 325 feet south of Vintage Dr. Ground Cover area: 7,777 square feet Hardscape area: 8,101 square feet *This sites irrigation pump and valves are powered from site 10-13 Ground cover, shrubs and turf areas that make up parkways, median islands and paseos are maintained under contract by a private landscape maintenance company. Parks are maintained by the City’s Park Maintenance Crews. Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Page 315 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 8 Fiscal Year 2024/25 Page 316 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 9 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Personnel Services: Regular Salaries 190,070$ Overtime Salaries 1,050 Part-time Salaries 40,380 Fringe Benefits 107,400 Subtotal - Personnel 338,900 Operations and Maintenance: Operations and Maintenance: O & M/General 18,270 O & M/Facilities 26,650 Emergency Equipment and Vehicle Rental 3,300 Equip Operations & Maint 1,000 Subtotal - Operations and Maintenance 49,220 Contract Services: Contract Services/General 192,350 Contract Serv/Facilities 4,190 Tree Maintenance 43,270 Subtotal - Contract Services 239,810 Utilities: Water Utilities 120,710 Electric Utilities 18,790 Subtotal - Utilities 139,500 Assessment Administration 2,820 Admin./General Overhead 131,670 Misc Contributions to City 650 Subtotal - Operations and Maintenance 563,670 Capital Expenditures: Captial Outlay - Equipment 109,250 Captial Project 75,000 Subtotal - Capital Expenditures 184,250 Total Expenditures Budget 1,086,820$ Page 317 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 10 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 697,520$ Anticipated Prior Year Delinquencies Collection 5,550 Subtotal - Taxes 703,070 Other Revenues: Other Rental/Lease Income 27,220 Park Maintenance Fees 180 Sports Field User Group Rentals 40 Sports Lighting Fees 3,970 Other Revenue 100 Subtotal - Other Revenues:31,510 Total Revenues Budget 734,580 Contribution to/(Use of) Fund Balance (352,240)$ Total Gross Estimated Assessments 697,519.98$ Total District EBU Count 786.00 Actual Assessment per EBU - Fiscal Year 2024/25 887.43$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 1,114.00$ Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per Equivalent Benefit Unit (EBU) will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 1,155,675$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 (352,240) Estimated Reserve Fund Balance, June 30, 2025 803,435$ Page 318 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 11 Fiscal Year 2024/25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Page 319 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 12 Fiscal Year 2024/25 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D. all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Page 320 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 13 Fiscal Year 2024/25 General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City’s system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. Page 321 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 14 Fiscal Year 2024/25 The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single-family home as the basic unit of assessment. A single-family home equals one EBU. The following table provides the weighting factors applied to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following summarizes the Fiscal Year 2024/25 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $1,114.00 $887.43 786.00 786.00 Page 322 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 15 Fiscal Year 2024/25 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Cost of Living Inflator Each fiscal year beginning with Fiscal Year 2002/03, the maximum allowable assessment may increase each year, based upon the Consumer Price Index ("CPI"), All Urban Consumers (CPI- U), for the Riverside – San Bernardino – Ontario Consumer Price Index area, as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. The Engineer shall compute the percentage difference between the CPI for March of each year and the CPI for the previous March, and shall then adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment cannot exceed the actual costs to operate the District in any given year. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. The actual assessment rate for Fiscal Year 2024/25 will increase from $845.17 to $887.43 per single-family residence, a CPI increase of 5.0% as compared to Fiscal Year 2023/24. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 323 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 16 Fiscal Year 2024/25 Page 324 ____________________________________________________________________________ Landscape Maintenance District No. 10 – City of Rancho Cucamonga 17 Fiscal Year 2024/25 ASSESSMENT ROLL and ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 20 24/25 actual assessment for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $887.43 786.00 786.00 $697,519.98 Totals 786.00 786.00 $697,519.98 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There are no effective annexations for Fiscal Year 2024/25. Page 325 ATTACHMENT 10 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Street Lighting Maintenance District No. 1 (Arterials) Page 326 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 1 (ARTERIALS) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 327 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 328 ____________________________________________________________________________ Street Lighting Maintenance District No. 1 – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024, the City Council of Rancho Cucamonga (the “City”), under the Landscaping and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-xxx, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Lighting Maintenance District No. 1 (Arterial) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Personnel Services 42,060$ Operations and Maintenance 910,690 Transfer Out 111,640 Total Expenditures Budget 1,064,390 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 841,110 Anticipated Prior Year Delinquencies Collection 6,890 Subtotal - Taxes 848,000 Other Revenues 3,170 Transfer In - CFD Empire Lakes 24,630 Transfer In - CFD Street Lighting Services 12,990 Total Revenues Budget 888,790 Contribution to/(Use of) Fund Balance (175,600)$ Total District EBU Count 47,332.66 Actual Assessment per EBU 17.77$ Maximum Allowable Assessment per EBU 17.77$ Page 329 ____________________________________________________________________________ Street Lighting Maintenance District No. 1 – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 330 ____________________________________________________________________________ Street Lighting Maintenance District No. 1 – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Page 331 ____________________________________________________________________________ Street Lighting Maintenance District No. 1 – City of Rancho Cucamonga 4 Fiscal Year 2024/25 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing, must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as the entire City of Rancho Cucamonga. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street ligh ting specially benefiting the properties within the District has been added to the improvements. Page 332 ____________________________________________________________________________ Street Lighting Maintenance District No. 1 – City of Rancho Cucamonga 5 Fiscal Year 2024/25 Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Page 333 ____________________________________________________________________________ Street Lighting Maintenance District No. 1 – City of Rancho Cucamonga 6 Fiscal Year 2024/25 Page 334 ____________________________________________________________________________ Street Lighting Maintenance District No. 1 – City of Rancho Cucamonga 7 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Personnel Services: Regular Salaries 28,040$ Fringe Benefits 14,020 Subtotal - Personnel 42,060 Operations and Maintenance: Training 220 Membership Dues 80 O & M/General 50,550 Cellular Technology 2,000 Equipment Operations and Maintenance 500 Subtotal - Operations and Maintenance 53,350 Contract Services: Contract Services 47,750 Contract Equipment Maintenance/Repair 4,280 Subtotal - Contract Services 52,030 Utilities: Telephone Utilities 1,500 Electric Utilities 647,300 Subtotal - Utilities 648,800 Assessment Administration 106,710 Admin./General Overhead 49,800 Subtotal - Operations and Maintenance 910,690 Transfer Out - General City Street Lights Fund 111,640 Total Expenditures Budget 1,064,390$ Page 335 ____________________________________________________________________________ Street Lighting Maintenance District No. 1 – City of Rancho Cucamonga 8 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 841,110$ Anticipated Prior Year Delinquencies Collection 6,890 Subtotal - Taxes 848,000 Other Revenues: Other Revenue - Day Creek Traffic Signal 3,170 Subtotal - Other Revenues:3,170 Transfer In Transfer In - CFD Empire Lakes 24,630 Transfer In - CFD Street Lighting Services 12,990 Subtotal - Transfer In:37,620 Total Revenues Budget 888,790 Contribution to/(Use of) Fund Balance (175,600)$ Total Gross Estimated Assessments 841,101.37$ Total District EBU Count 47,332.66 Actual Assessment per EBU - Fiscal Year 2024/25 17.77$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 17.77$ The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 341,735$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 (175,600) Estimated Reserve Fund Balance, June 30, 2025 166,135$ Page 336 ____________________________________________________________________________ Street Lighting Maintenance District No. 1 – City of Rancho Cucamonga 9 Fiscal Year 2024/25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. In Fiscal Year 2023/24, the debt service has been suspended due to the structural operating deficit and will be routinely monitored. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Page 337 ____________________________________________________________________________ Street Lighting Maintenance District No. 1 – City of Rancho Cucamonga 10 Fiscal Year 2024/25 Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Se ction 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by Page 338 ____________________________________________________________________________ Street Lighting Maintenance District No. 1 – City of Rancho Cucamonga 11 Fiscal Year 2024/25 the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. Page 339 ____________________________________________________________________________ Street Lighting Maintenance District No. 1 – City of Rancho Cucamonga 12 Fiscal Year 2024/25 When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Benefit Unit ("EBU") method of apportionment uses the single-family home as the basic unit of assessment. A single-family home equals one Equivalent Benefit Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single-family home. The following table provides the weighting factors applied to various land- use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Benefit Units Property Type (County Use Code) EBU Value M ultiplier Single Family Residential 1.00 Parcel Multi-Family Residential 1.00 Unit Non-Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 20 24/25 maximum allowable assessment rates for the District: Page 340 ____________________________________________________________________________ Street Lighting Maintenance District No. 1 – City of Rancho Cucamonga 13 Fiscal Year 2024/25 Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $17.77 $17.77 28,412.00 28,412.00 Multi-Family Residential 17.77 17.77 12,633.00 12,633.00 Non-Residential 17.77 17.77 3,143.83 6,287.66 The total amount of maintenance and incidental costs for maintaining the streetlights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 341 ____________________________________________________________________________ Street Lighting Maintenance District No. 1 – City of Rancho Cucamonga 14 Fiscal Year 2024/25 Page 342 ____________________________________________________________________________ Street Lighting Maintenance District No. 1 – City of Rancho Cucamonga 15 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarize the Fiscal Year 20 24/25 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $17.77 28,412.00 28,412.00 $504,881.24 Multi-Family Residential 17.77 12,633.00 12,633.00 224,488.41 Non-Residential 17.77 3,143.83 6,287.66 111,731.72 Totals 44,188.83 47,332.66 $841,101.37 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following annexations are effective for Fiscal Year 2024/25: Apn Annexation Date Project Name Total Units/ Acres Total EBUs Property Type 1076-041-34 01/18/23 DRC2021-00026 1.00 1.00 Single-Family Res 0226-231-54 02/15/23 DRC2020-00022 1.00 1.00 Single-Family Res 0229-021-97 02/15/23 DRC2021-00320 2.37 2.37 Commercial/Industrial 0229-311-14 & 15 03/15/23 DRC2020-00440 260.00 260.00 Multi-Family Res 0225-171-04 03/15/23 SUBTT20337 9.00 9.00 Single-Family Res Page 343 ATTACHMENT 11 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Street Lighting Maintenance District No. 2 (Local Streets) Page 344 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 345 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 346 ____________________________________________________________________________ Street Lighting Maintenance District No. 2 – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024 , the City Council of Rancho Cucamonga (the “City”), under the Landscaping and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 2 (Local Streets) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Operations and Maintenance 439,350$ Transfer Out 113,950 Total Expenditures Budget 553,300 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 392,560 Anticipated Prior Year Delinquencies Collection 4,000 Subtotal - Taxes 396,560 Transfer In -General Fund 70,200 Transfer In - CFD Empire Lakes 66,180 Transfer In - CFD Street Lighting Services 20,360 Total Revenues Budget 553,300 Contribution to/(Use of) Fund Balance -$ Total District EBU Count 9,821.32 Actual Assessment per EBU 39.97$ Maximum Allowable Assement per EBU 39.97$ Page 347 ____________________________________________________________________________ Street Lighting Maintenance District No. 2 – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 348 ____________________________________________________________________________ Street Lighting Maintenance District No. 2 – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Page 349 ____________________________________________________________________________ Street Lighting Maintenance District No. 2 – City of Rancho Cucamonga 4 Fiscal Year 2024/25 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as the entire City west of Haven Ave. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District has been added to the improvements. Page 350 ____________________________________________________________________________ Street Lighting Maintenance District No. 2 – City of Rancho Cucamonga 5 Fiscal Year 2024/25 Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Page 351 ____________________________________________________________________________ Street Lighting Maintenance District No. 2 – City of Rancho Cucamonga 6 Fiscal Year 2024/25 Page 352 ____________________________________________________________________________ Street Lighting Maintenance District No. 2 – City of Rancho Cucamonga 7 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Operations and Maintenance: Training 220$ Membership Dues 80 Operations and Maintenance 430 Subtotal - Operations and Maintenance 730 Contract Services: Contract Services/General 20,990 Contract Equipment Maintenace/Repair 50 Subtotal - Contract Services 21,040 Utilities: Electric Utilities 390,200 Assessment Administration 26,350 Admin./General Overhead 1,030 Subtotal - Operations and Maintenance 439,350 Transfer Out - General Street Lights Fund 113,950 Total Expenditures Budget 553,300$ Page 353 ____________________________________________________________________________ Street Lighting Maintenance District No. 2 – City of Rancho Cucamonga 8 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 392,560$ Anticipated Prior Year Delinquencies Collection 4,000 Subtotal - Taxes 396,560 Transfer In Transfer In - General Fund 70,200 Transfer In - CFD Empire Lakes 66,180 Transfer In - CFD Street Lighting Services 20,360 156,740 Total Revenues Budget 553,300 Contribution to/(Use of) Fund Balance -$ Total Gross Estimated Assessments 392,558.15$ Total District EBU Count 9,821.32 Actual Assessment per EBU - Fiscal Year 2024/25 39.97$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 39.97$ The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City of Rancho Cucamonga to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 982,058$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 - Estimated Reserve Fund Balance, June 30, 2025 982,058$ Page 354 ____________________________________________________________________________ Street Lighting Maintenance District No. 2 – City of Rancho Cucamonga 9 Fiscal Year 2024/25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. In Fiscal Year 2023/24, the debt service has been suspended due to the structural operating deficit and will be routinely monitored. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Page 355 ____________________________________________________________________________ Street Lighting Maintenance District No. 2 – City of Rancho Cucamonga 10 Fiscal Year 2024/25 Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by Page 356 ____________________________________________________________________________ Street Lighting Maintenance District No. 2 – City of Rancho Cucamonga 11 Fiscal Year 2024/25 the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the District that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. Page 357 ____________________________________________________________________________ Street Lighting Maintenance District No. 2 – City of Rancho Cucamonga 12 Fiscal Year 2024/25 When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single-family home as the basic unit of assessment. A single-family home equals one EBU. Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single-family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Multi-Family Residential 1.00 Unit Non-Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. Page 358 ____________________________________________________________________________ Street Lighting Maintenance District No. 2 – City of Rancho Cucamonga 13 Fiscal Year 2024/25 The following table summarizes the Fiscal Year 20 24/25 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $39.97 $39.97 7,346.00 7,346.00 Multi-Family Residential 39.97 39.97 2,405.00 2,405.00 Non-Residential 39.97 39.97 35.16 70.32 The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 359 ____________________________________________________________________________ Street Lighting Maintenance District No. 2 – City of Rancho Cucamonga 14 Fiscal Year 2024/25 Page 360 ____________________________________________________________________________ Street Lighting Maintenance District No. 2 – City of Rancho Cucamonga 15 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 20 24/25 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $39.97 7,346.00 7,346.00 293,619.62$ Multi-Family Residential 39.97 2,405.00 2,405.00 96,127.85$ Non-Residential 39.97 35.16 70.32 2,810.68$ Totals 9,786.16 9,821.32 392,558.15$ A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following annexations are effective for Fiscal Year 2024/25: APN Annexation Date Project Total Units / Acres Total EBUs Type 1076-041-34 01/18/23 DRC2021-00026 1.00 1.00 Single-Family Res 0229-311-14 & 15 03/15/23 DRC2020-00440 260.00 260.00 Multi-Family Res Page 361 ATTACHMENT 12 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Street Lighting Maintenance District No. 3 (Victoria Planned Community) Page 362 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 3 (VICTORIA PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 363 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 364 ____________________________________________________________________________ Street Lighting Maintenance District No. 3 – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024 , the City Council of Rancho Cucamonga (the “City”), under the Landscaping and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 3 (Victoria Planned Community) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Personnel Services 54,260$ Operations and Maintenance 202,100 Transfer Out 43,370 Total Expenditures Budget 299,730 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 381,410 Anticipated Prior Year Delinquencies Collection 2,730 Total Revenues Budget 384,140 Contribution to/(Use of) Fund Balance 84,410$ Total District EBU Count 8,089.24 Actual Assessment per EBU 47.15$ Maximum Allowable Assessment per EBU 47.15$ Page 365 ____________________________________________________________________________ Street Lighting Maintenance District No. 3 – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 366 ____________________________________________________________________________ Street Lighting Maintenance District No. 3 – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Page 367 ____________________________________________________________________________ Street Lighting Maintenance District No. 3 – City of Rancho Cucamonga 4 Fiscal Year 2024/25 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area located south of the 210 Freeway, west of Etiwanda Ave , southwest of the I-15 Freeway and east of Haven Ave, also known as the Victoria Neighborhood Planned Community, and are more particularly in the diagram of the District included herein. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District has been added to the improvements. Page 368 ____________________________________________________________________________ Street Lighting Maintenance District No. 3 – City of Rancho Cucamonga 5 Fiscal Year 2024/25 Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Page 369 ____________________________________________________________________________ Street Lighting Maintenance District No. 3 – City of Rancho Cucamonga 6 Fiscal Year 2024/25 Page 370 ____________________________________________________________________________ Street Lighting Maintenance District No. 3 – City of Rancho Cucamonga 7 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Personnel Services: Regular Salaries 36,170$ Fringe Benefits 18,090 Subtotal - Personnel 54,260 Operations and Maintenance: Operations and Maintenance: Training 220 Membership Dues 80 O & M/General 210 Contract Services 8,050 Contract Equipment Maintenance/Repair 30 Subtotal - Operations and Maintenance 8,590 Electric Utilities 154,120 Assessment Administration 24,820 Admin./General Overhead 14,570 Subtotal - Operations and Maintenance 202,100 Transfer Out - General Street Lights Fund 43,370 Total Expenditures Budget 299,730$ Page 371 ____________________________________________________________________________ Street Lighting Maintenance District No. 3 – City of Rancho Cucamonga 8 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 381,410$ Anticipated Prior Year Delinquencies Collection 2,730 Total Revenues Budget 384,140 Contribution to/(Use of) Fund Balance 84,410$ Total Gross Estimated Assessments 381,407.64$ Total District EBU Count 8,089.24 Actual Assessment per EBU - Fiscal Year 2024/25 47.15$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 47.15$ The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 739,877$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 84,410 Estimated Reserve Fund Balance, June 30, 2025 824,287$ Page 372 ____________________________________________________________________________ Street Lighting Maintenance District No. 3 – City of Rancho Cucamonga 9 Fiscal Year 2024/25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City General Fund for the acquisition of street lights and installation of LED street lighting within the District. In FY 2021/22, the outstanding balance of the interfund was fully repaid. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. Page 373 ____________________________________________________________________________ Street Lighting Maintenance District No. 3 – City of Rancho Cucamonga 10 Fiscal Year 2024/25 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Page 374 ____________________________________________________________________________ Street Lighting Maintenance District No. 3 – City of Rancho Cucamonga 11 Fiscal Year 2024/25 Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as Page 375 ____________________________________________________________________________ Street Lighting Maintenance District No. 3 – City of Rancho Cucamonga 12 Fiscal Year 2024/25 property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single-family home as the basic unit of assessment. A single-family home equals one Equivalent Dwelling Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single-family home. The following table provides the weighting factors applied to various land- use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value M ultiplier Single Family Residential 1.00 Parcel Multi-Family Residential 1.00 Unit Non-Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 20 24/25 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $47.15 $47.15 6,843.00 6,843.00 Multi-Family Residential 47.15 47.15 729.00 729.00 Non-Residential 47.15 47.15 258.62 517.24 Page 376 ____________________________________________________________________________ Street Lighting Maintenance District No. 3 – City of Rancho Cucamonga 13 Fiscal Year 2024/25 The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 377 ____________________________________________________________________________ Street Lighting Maintenance District No. 3 – City of Rancho Cucamonga 14 Fiscal Year 2024/25 Page 378 ____________________________________________________________________________ Street Lighting Maintenance District No. 3 – City of Rancho Cucamonga 15 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 20 24/25 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $47.15 6,843.00 6,843.00 $322,647.45 Multi-Family Residential 47.15 729.00 729.00 34,372.35 Non-Residential 47.15 258.62 517.24 24,387.84 Totals 7,830.62 8,089.24 $381,407.64 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There are no effective annexations for Fiscal Year 2024/25. Page 379 ATTACHMENT 13 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Street Lighting Maintenance District No. 4 (Terra Vista Planned Community) Page 380 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 381 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 382 ____________________________________________________________________________ Street Lighting Maintenance District No. 4 – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024, the City Council of Rancho Cucamonga (the “City”), under the Landscaping and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 4 (Terra Vista Planned Community) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Personnel Services 55,470$ Operations and Maintenance 105,110 Debt Service 11,220 Transfer Out 20,130 Total Expenditures Budget 191,930 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 166,400 Anticipated Prior Year Delinquencies Collection 730 Total Revenues Budget 167,130 Contribution to/(Use of) Fund Balance (24,800)$ Total District EBU Count 5,745.78 Actual Assessment per EBU 28.96$ Maximum Allowable Assessment per EBU 28.96$ Page 383 ____________________________________________________________________________ Street Lighting Maintenance District No. 4 – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 384 ____________________________________________________________________________ Street Lighting Maintenance District No. 4 – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Page 385 ____________________________________________________________________________ Street Lighting Maintenance District No. 4 – City of Rancho Cucamonga 4 Fiscal Year 2024/25 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City known as the Terra Vista Planned Community, which is located north of Foothill Blvd , west of Rochester Ave, east of Haven Ave, south of Base Line Rd and includes the northeast corner of Base Line Rd and Haven Ave. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District has been added to the improvements. Page 386 ____________________________________________________________________________ Street Lighting Maintenance District No. 4 – City of Rancho Cucamonga 5 Fiscal Year 2024/25 Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Page 387 ____________________________________________________________________________ Street Lighting Maintenance District No. 4 – City of Rancho Cucamonga 6 Fiscal Year 2024/25 Page 388 ____________________________________________________________________________ Street Lighting Maintenance District No. 4 – City of Rancho Cucamonga 7 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Personnel Services: Regular Salaries 36,980$ Fringe Benefits 18,490 Subtotal - Personnel 55,470 Operations and Maintenance: Operations and Maintenance: Training 220 Membership Dues 80 O & M/General 1,120 Contract Services 3,730 Contract Equipment Maintenace/Repair 110 Subtotal - Operations and Maintenance 5,260 Utilities: Electric Utilities 72,770 Assessment Administration 14,420 Admin./General Overhead 12,660 Subtotal - Operations and Maintenance 105,110 Debt Service: Interest Expense 1,360 Principal Repayments 9,860 Subtotal - Debt Service 11,220 Transfer Out - General City Street Lights Fund 20,130 Total Expenditures Budget 191,930$ Page 389 ____________________________________________________________________________ Street Lighting Maintenance District No. 4 – City of Rancho Cucamonga 8 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 166,400$ Anticipated Prior Year Delinquencies Collection 730 Total Revenues Budget 167,130 Contribution to/(Use of) Fund Balance (24,800)$ Total Gross Estimated Assessments 166,397.79$ Total District EBU Count 5,745.78 Actual Assessment per EBU - Fiscal Year 2024/25 28.96$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 28.96$ The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 92,984$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 (24,800) Estimated Reserve Fund Balance, June 30, 2025 68,184$ Page 390 ____________________________________________________________________________ Street Lighting Maintenance District No. 4 – City of Rancho Cucamonga 9 Fiscal Year 2024/25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. Page 391 ____________________________________________________________________________ Street Lighting Maintenance District No. 4 – City of Rancho Cucamonga 10 Fiscal Year 2024/25 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Page 392 ____________________________________________________________________________ Street Lighting Maintenance District No. 4 – City of Rancho Cucamonga 11 Fiscal Year 2024/25 Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as Page 393 ____________________________________________________________________________ Street Lighting Maintenance District No. 4 – City of Rancho Cucamonga 12 Fiscal Year 2024/25 property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single-family home as the basic unit of assessment. A single-family home equals one Equivalent Dwelling Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single-family home. The following table provides the weighting factors applied to various land- use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Multi-Family Residential 0.50 Unit Non-Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2024/25 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres T otal EBUs Single Family Residential $28.96 $28.96 2,652.00 2,652.00 Multi-Family Residential 28.96 28.96 5,250.00 2,625.00 Non-Residential 28.96 28.96 234.39 468.78 Page 394 ____________________________________________________________________________ Street Lighting Maintenance District No. 4 – City of Rancho Cucamonga 13 Fiscal Year 2024/25 The total amount of maintenance and incidental costs for maintaining the streetlights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 395 ____________________________________________________________________________ Street Lighting Maintenance District No. 4 – City of Rancho Cucamonga 14 Fiscal Year 2024/25 Page 396 ____________________________________________________________________________ Street Lighting Maintenance District No. 4 – City of Rancho Cucamonga 15 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 20 24/25 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $28.96 2,652.00 2,652.00 $76,801.92 Multi-Family Residential 28.96 5,250.00 2,625.00 76,020.00 Non-Residential 28.96 234.39 468.78 13,575.87 Totals 8,136.39 5,745.78 $166,397.79 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There are no effective annexations for Fiscal Year 2024/25. Page 397 ATTACHMENT 14 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Street Lighting Maintenance District No. 5 (Caryn Planned Community) Page 398 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 5 (CARYN PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 399 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 400 ____________________________________________________________________________ Street Lighting Maintenance District No. 5 – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024 , the City Council of Rancho Cucamonga (the “City”), under the Landscaping and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 5 (Caryn Planned Community) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Operations and Maintenance 43,570 Transfer Out 9,560 Total Expenditures Budget 53,130 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 44,150 Anticipated Prior Year Delinquencies Collection 490 Subtotal - Taxes 44,640 Transfer In - General Fund 22,040 Total Revenues Budget 66,680 Contribution to/(Use of) Fund Balance 13,550$ Total District EBU Count 1,276.00 Actual Assessment per EBU 34.60$ Maximum Allowable Assessment per EBU 34.60$ Page 401 ____________________________________________________________________________ Street Lighting Maintenance District No. 5 – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report, and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 402 ____________________________________________________________________________ Street Lighting Maintenance District No. 5 – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Page 403 ____________________________________________________________________________ Street Lighting Maintenance District No. 5 – City of Rancho Cucamonga 4 Fiscal Year 2024/25 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located north of the 210 Freeway, south of Banyan St, west of Rochester Ave and east of Milliken Ave, also known as the Caryn Planned Community. The boundaries also include Tract No. 13835 east of Rochester Ave and Tracts No. 13748, 13857 and 13858 west of Milliken Ave. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District has been added to the improvements. Page 404 ____________________________________________________________________________ Street Lighting Maintenance District No. 5 – City of Rancho Cucamonga 5 Fiscal Year 2024/25 Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Page 405 ____________________________________________________________________________ Street Lighting Maintenance District No. 5 – City of Rancho Cucamonga 6 Fiscal Year 2024/25 Page 406 ____________________________________________________________________________ Street Lighting Maintenance District No. 5 – City of Rancho Cucamonga 7 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Operations and Maintenance: Contract Services 1,770 Utilities: Electric Utilities 34,580 Assessment Administration 4,570 Admin./General Overhead 2,650 Subtotal - Operations and Maintenance 43,570 Transfer Out - General Street Lights Fund 9,560 Total Expenditures Budget 53,130$ Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 44,150$ Anticipated Prior Year Delinquencies Collection 490 Subtotal - Taxes 44,640 Transfer In Transfer In - General Fund 22,040 Total Revenues Budget 66,680 Contribution to/(Use of) Fund Balance 13,550$ Total Gross Estimated Assessments 44,149.60$ Total District EBU Count 1,276.00 Actual Assessment per EBU - Fiscal Year 2024/25 34.60$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 34.60$ Page 407 ____________________________________________________________________________ Street Lighting Maintenance District No. 5 – City of Rancho Cucamonga 8 Fiscal Year 2024/25 The maximum allowable assessment per Equivalent Benefit Unit (EB U) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 (81,551)$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 13,550 Estimated Reserve Fund Balance, June 30, 2025 (68,001)$ Page 408 ____________________________________________________________________________ Street Lighting Maintenance District No. 5 – City of Rancho Cucamonga 9 Fiscal Year 2024/25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. In Fiscal Year 2023/24, the debt service has been suspended due to the structural operating deficit and will be routinely monitored. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Page 409 ____________________________________________________________________________ Street Lighting Maintenance District No. 5 – City of Rancho Cucamonga 10 Fiscal Year 2024/25 Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by Page 410 ____________________________________________________________________________ Street Lighting Maintenance District No. 5 – City of Rancho Cucamonga 11 Fiscal Year 2024/25 the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit Page 411 ____________________________________________________________________________ Street Lighting Maintenance District No. 5 – City of Rancho Cucamonga 12 Fiscal Year 2024/25 derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined, however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single-family home as the basic unit of assessment. A single-family hom e equals one EBU. The following table provides the weighting factors applied by land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value M ultiplier Single Family Residential 1.00 Parcel The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 20 24/25 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $34.60 $34.60 1,276.00 1,276.00 Page 412 ____________________________________________________________________________ Street Lighting Maintenance District No. 5 – City of Rancho Cucamonga 13 Fiscal Year 2024/25 The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 413 ____________________________________________________________________________ Street Lighting Maintenance District No. 5 – City of Rancho Cucamonga 14 Fiscal Year 2024/25 Page 414 ____________________________________________________________________________ Street Lighting Maintenance District No. 5 – City of Rancho Cucamonga 15 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 20 24/25 actual assessment for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $34.60 1,276.00 1,276.00 $44,149.60 Totals 1,276.00 1,276.00 $44,149.60 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There are no effective annexations for Fiscal Year 2024/25. Page 415 ATTACHMENT 15 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Street Lighting Maintenance District No. 6 (Commercial Industrial) Page 416 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 6 (COMMERCIAL INDUSTRIAL) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 417 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 418 ____________________________________________________________________________ Street Lighting Maintenance District No. 6 – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024, the City Council of Rancho Cucamonga (the “City”), under the Landscaping and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 6 (Commercial Industrial) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer’s Report for Fiscal Year 20 24/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Operations and Maintenance 72,370$ Transfer Out 14,980 Total Expenditures Budget 87,350 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 132,470 Anticipated Prior Year Delinquencies Collection 1,610 Subtotal - Taxes 134,080 Transfer In - CFD Empire Lakes 250 Transfer In - CFD Street Lighting Services 7,680 Total Revenues Budget 142,010 Contribution to/(Use of) Fund Balance 54,660$ Total District EBU Count 2,577.17 Actual Assessment per EBU 51.40$ Maximum Allowable Assessment per EBU 51.40$ Page 419 ____________________________________________________________________________ Street Lighting Maintenance District No. 6 – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 420 ____________________________________________________________________________ Street Lighting Maintenance District No. 6 – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Page 421 ____________________________________________________________________________ Street Lighting Maintenance District No. 6 – City of Rancho Cucamonga 4 Fiscal Year 2024/25 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing, must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to, express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as the commercial and industrial area of the City which is generally bounded by Foothill Blvd on the north, 4th St on the south, East Ave on the east and Grove Ave on the west. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District has been added to the improvements. Page 422 ____________________________________________________________________________ Street Lighting Maintenance District No. 6 – City of Rancho Cucamonga 5 Fiscal Year 2024/25 Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Page 423 ____________________________________________________________________________ Street Lighting Maintenance District No. 6 – City of Rancho Cucamonga 6 Fiscal Year 2024/25 Page 424 ____________________________________________________________________________ Street Lighting Maintenance District No. 6 – City of Rancho Cucamonga 7 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Operations and Maintenance: Operations and Maintenance: Contract Services 2,780$ Utilities: Electric Utilities 59,900 Assessment Administration 4,030 Admin./General Overhead 5,660 Subtotal - Operations and Maintenance 72,370 Transfer Out - General Street Lights Fund 14,980 Total Expenditures Budget 87,350$ Page 425 ____________________________________________________________________________ Street Lighting Maintenance District No. 6 – City of Rancho Cucamonga 8 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 132,470$ Anticipated Prior Year Delinquencies Collection 1,610 Subtotal - Taxes 134,080 Transfer In: Transfer In - CFD Empire Lakes 250 Transfer In - CFD Street Lighting Services 7,680 Subtotal - Transfer In:7,930 Total Revenues Budget 142,010 Contribution to/(Use of) Fund Balance 54,660$ Total Gross Estimated Assessments 132,466.52$ Total District EBU Count 2,577.17 Actual Assessment per EBU - Fiscal Year 2024/25 51.40$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 51.40$ The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 139,065$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 54,660 Estimated Reserve Fund Balance, June 30, 2025 193,725$ Page 426 ____________________________________________________________________________ Street Lighting Maintenance District No. 6 – City of Rancho Cucamonga 9 Fiscal Year 2024/25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City General Fund for the acquisition of street lights and installation of LED street lighting within the District. In FY 2021/22, the outstanding balance of the interfund was fully repaid. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. Page 427 ____________________________________________________________________________ Street Lighting Maintenance District No. 6 – City of Rancho Cucamonga 10 Fiscal Year 2024/25 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Se ction 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Page 428 ____________________________________________________________________________ Street Lighting Maintenance District No. 6 – City of Rancho Cucamonga 11 Fiscal Year 2024/25 Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as Page 429 ____________________________________________________________________________ Street Lighting Maintenance District No. 6 – City of Rancho Cucamonga 12 Fiscal Year 2024/25 property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined, however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single-family home as the basic unit of assessment. A single-family home equals one EBU. Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single-family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Non-Residential 1.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2024/25 maximum allowable assessment rate for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Non-Residential $51.40 $51.40 2,577.17 2,577.17 The total amount of maintenance and incidental costs for maintaining the streetlights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Page 430 ____________________________________________________________________________ Street Lighting Maintenance District No. 6 – City of Rancho Cucamonga 13 Fiscal Year 2024/25 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 431 ____________________________________________________________________________ Street Lighting Maintenance District No. 6 – City of Rancho Cucamonga 14 Fiscal Year 2024/25 Page 432 ____________________________________________________________________________ Street Lighting Maintenance District No. 6 – City of Rancho Cucamonga 15 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 20 24/25 actual assessment for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Non-Residential $51.40 2,577.17 2,577.17 $132,466.52 Totals 2,577.17 2,577.17 $132,466.52 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following annexations are effective for Fiscal Year 2024/25: Apn Annexation Date Project Name Total Units/ Acres Total EBUs Property Type 0229-021-97 02/15/23 DRC2021-00320 2.37 2.37 Commercial/Industrial Page 433 ATTACHMENT 16 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Street Lighting Maintenance District No. 7 (North Etiwanda) Page 434 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 435 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 436 ____________________________________________________________________________ Street Lighting Maintenance District No. 7 – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024 , the City Council of Rancho Cucamonga (the “City”), under the Landscaping and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 7 (North Etiwanda) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Operations and Maintenance 130,480 Transfer Out 30,310 Total Expenditures Budget 160,790 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 131,150 Anticipated Prior Year Delinquencies Collection 1,610 Subtotal - Taxes 132,760 Transfers In 30,490 Total Revenues Budget 163,250 Contribution to/(Use of) Fund Balance 2,460$ Total District EBU Count 3,936.00 Actual Assessment per EBU 33.32$ Maximum Allowable Assessment per EBU 33.32$ Page 437 ____________________________________________________________________________ Street Lighting Maintenance District No. 7 – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 438 ____________________________________________________________________________ Street Lighting Maintenance District No. 7 – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Page 439 ____________________________________________________________________________ Street Lighting Maintenance District No. 7 – City of Rancho Cucamonga 4 Fiscal Year 2024/25 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City known as North Etiwanda, which is generally bounded by Highland Ave on the south, Day Creek Channel on the west and City limits on the east and north. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District has been added to the improvements. Page 440 ____________________________________________________________________________ Street Lighting Maintenance District No. 7 – City of Rancho Cucamonga 5 Fiscal Year 2024/25 Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Page 441 ____________________________________________________________________________ Street Lighting Maintenance District No. 7 – City of Rancho Cucamonga 6 Fiscal Year 2024/25 Page 442 ____________________________________________________________________________ Street Lighting Maintenance District No. 7 – City of Rancho Cucamonga 7 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Operations and Maintenance: Operations and Maintenance: Contract Services 5,630 Utilities: Electric Utilities 106,810 Assessment Administration 13,980 Admin./General Overhead 4,060 Subtotal - Operations and Maintenance 130,480 Transfer Out - General Street Lights Fund 30,310 Total Expenditures Budget 160,790$ Page 443 ____________________________________________________________________________ Street Lighting Maintenance District No. 7 – City of Rancho Cucamonga 8 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 131,150$ Anticipated Prior Year Delinquencies Collection 1,610 Subtotal - Taxes 132,760 Transfer In: Transfer In - General Fund 30,490 Total Revenues Budget 163,250 Contribution to/(Use of) Fund Balance 2,460$ Total Gross Estimated Assessments 131,147.52$ Total District EBU Count 3,936.00 Actual Assessment per EBU - Fiscal Year 2024/25 33.32$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 33.32$ The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EDU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 165,388$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 2,460 Estimated Reserve Fund Balance, June 30, 2025 167,848$ Page 444 ____________________________________________________________________________ Street Lighting Maintenance District No. 7 – City of Rancho Cucamonga 9 Fiscal Year 2024/25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. In Fiscal Year 2023/24, the debt service has been suspended due to the structural operating deficit and will be routinely monitored. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Page 445 ____________________________________________________________________________ Street Lighting Maintenance District No. 7 – City of Rancho Cucamonga 10 Fiscal Year 2024/25 Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by Page 446 ____________________________________________________________________________ Street Lighting Maintenance District No. 7 – City of Rancho Cucamonga 11 Fiscal Year 2024/25 the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. Page 447 ____________________________________________________________________________ Street Lighting Maintenance District No. 7 – City of Rancho Cucamonga 12 Fiscal Year 2024/25 When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Dwelling Unit ("EDU") method of apportionment uses the single-family home as the basic unit of assessment. A single-family home equals one Equivalent Dwelling Unit (EDU). Every other land-use is converted to EDUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single-family home. The following table provides the weighting factors applied to various land- use types, as assigned by County use code, to determine each parcel's EDU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Multi-Family Residential 0.50 Unit Non-Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EDU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EDU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. Page 448 ____________________________________________________________________________ Street Lighting Maintenance District No. 7 – City of Rancho Cucamonga 13 Fiscal Year 2024/25 The following table summarizes the Fiscal Year 20 24/25 maximum allowable assessment rates for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $33.32 3,936.00 3,936.00 $131,147.52 Totals 3,936.00 3,936.00 $131,147.52 The total amount of maintenance and incidental costs for maintaining the streetlights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 449 ____________________________________________________________________________ Street Lighting Maintenance District No. 7 – City of Rancho Cucamonga 14 Fiscal Year 2024/25 Page 450 ____________________________________________________________________________ Street Lighting Maintenance District No. 7 – City of Rancho Cucamonga 15 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2024/25 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $33.32 3,936.00 3,936.00 $131,147.52 Totals 3,936.00 3,936.00 $131,147.52 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following annexation is effective for Fiscal Year 2024/25: APN Annexation Date Project Total Units / Acres Total EBUs Type 0226-231-54 02/15/23 DRC2020-00022 1.00 1.00 Single-Family Res 0225-171-04 03/15/23 SUBTT20337 9.00 9.00 Single-Family Res Page 451 ATTACHMENT 17 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Street Lighting Maintenance District No. 8 (South Etiwanda) Page 452 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 453 TABLE OF CONTENTS ENGINEER’S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 454 ____________________________________________________________________________ Street Lighting Maintenance District No. 8 – City of Rancho Cucamonga 1 Fiscal Year 2024/25 ENGINEER’S LETTER WHEREAS, on June 5, 2024 , the City Council of Rancho Cucamonga (the “City”), under the Landscaping and Lighting Act of 1972 (the “1972 Act”) adopted its Resolution No. 2024-XXX, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 8 (South Etiwanda) (the “District”); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer’s Report for Fiscal Year 2024/25 pursuant to the requirements of the 1972 Act. The Annual Engineer’s Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2024/25 Budget Expenditures Personnel Services 52,500$ Operations and Maintenance 60,300 Transfer Out 10,680 Total Expenditures Budget 123,480 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 81,120 Anticipated Prior Year Delinquencies Collection 610 Total Revenues Budget 81,730 Contribution to/(Use of) Fund Balance (41,750)$ Total District EBU Count 2,650.78 Actual Assessment per EBU 30.60$ Maximum Allowable Assessment per EBU 193.75$ Page 455 ____________________________________________________________________________ Street Lighting Maintenance District No. 8 – City of Rancho Cucamonga 2 Fiscal Year 2024/25 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer’s Report (the “Specially Benefited Parcels”). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer’s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer’s Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer’s Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday Director of Engineering Services/City Engineer Date Page 456 ____________________________________________________________________________ Street Lighting Maintenance District No. 8 – City of Rancho Cucamonga 3 Fiscal Year 2024/25 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer’s Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer’s Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer’s Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer’s Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Page 457 ____________________________________________________________________________ Street Lighting Maintenance District No. 8 – City of Rancho Cucamonga 4 Fiscal Year 2024/25 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City known as South Etiwanda, which is generally bounded by Etiwanda Ave on the west, Highland Ave on the north and Foothill Blvd on the south. The southern portion of the District is bounded by East Ave on the east and the northern portion of the District is bounded by the I-15 Freeway on the east. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District has been added to the improvements. Page 458 ____________________________________________________________________________ Street Lighting Maintenance District No. 8 – City of Rancho Cucamonga 5 Fiscal Year 2024/25 Map of Improvement s The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Page 459 ____________________________________________________________________________ Street Lighting Maintenance District No. 8 – City of Rancho Cucamonga 6 Fiscal Year 2024/25 Page 460 ____________________________________________________________________________ Street Lighting Maintenance District No. 8 – City of Rancho Cucamonga 7 Fiscal Year 2024/25 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Personnel Services: Regular Salaries 35,000$ Fringe Benefits 17,500 Subtotal - Personnel 52,500 Operations and Maintenance: Operations and Maintenance: Training 220 Membership Dues 80 O & M/General 430 Contract Services 1,980 Contract Equipment Maintenance/Repair 50 Subtotal - Operations and Maintenance 2,760 Utilities: Electric Utilities 40,400 Assessment Administration 5,700 Admin./General Overhead 11,440 Subtotal - Operations and Maintenance 60,300 Transfer Out - General City Street Lights Fund 10,680 Total Expenditures Budget 123,480$ Page 461 ____________________________________________________________________________ Street Lighting Maintenance District No. 8 – City of Rancho Cucamonga 8 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 81,120$ Anticipated Prior Year Delinquencies Collection 610 Total Revenues Budget 81,730 Contribution to/(Use of) Fund Balance (41,750)$ Total Gross Estimated Assessments 81,113.86$ Total District EBU Count 2,650.78 Actual Assessment per EBU - Fiscal Year 2024/25 30.60$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 193.75$ The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2024 1,777,281$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 (41,750) Estimated Reserve Fund Balance, June 30, 2025 1,735,531$ Page 462 ____________________________________________________________________________ Street Lighting Maintenance District No. 8 – City of Rancho Cucamonga 9 Fiscal Year 2024/25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City General Fund for the acquisition of street lights and installation of LED street lighting within the District. In FY 2021/22, the outstanding balance of the interfund was fully repaid. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. Page 463 ____________________________________________________________________________ Street Lighting Maintenance District No. 8 – City of Rancho Cucamonga 10 Fiscal Year 2024/25 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Page 464 ____________________________________________________________________________ Street Lighting Maintenance District No. 8 – City of Rancho Cucamonga 11 Fiscal Year 2024/25 Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as Page 465 ____________________________________________________________________________ Street Lighting Maintenance District No. 8 – City of Rancho Cucamonga 12 Fiscal Year 2024/25 property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single-family home as the basic unit of assessment. A single-family home equals one EBU. Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single-family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Multi-Family Residential 1.00 Unit Non-Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 20 24/25 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $193.75 $30.60 1,206.00 1,206.00 Multi-Family Residential 193.75 30.60 1,381.00 1,381.00 Non-Residential 193.75 30.60 31.89 63.78 Page 466 ____________________________________________________________________________ Street Lighting Maintenance District No. 8 – City of Rancho Cucamonga 13 Fiscal Year 2024/25 The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Page 467 ____________________________________________________________________________ Street Lighting Maintenance District No. 8 – City of Rancho Cucamonga 14 Fiscal Year 2024/25 Page 468 ____________________________________________________________________________ Street Lighting Maintenance District No. 8 – City of Rancho Cucamonga 15 Fiscal Year 2024/25 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2024/25 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 20 24/25 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $30.60 1,206.00 1,206.00 $36,903.60 Multi-Family Residential 30.60 1,381.00 1,381.00 42,258.60 Non-Residential 30.60 31.89 63.78 1,951.66 Totals 2,618.89 2,650.78 $81,113.86 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for Fiscal Year 2024/25. Page 469 ATTACHMENT 18 Preliminary Annual Engineer’s Report Fiscal Year 2024/25 City of Rancho Cucamonga Parks and Recreation Improvement District No. PD-85 Jason C. Welday Director of Engineering Services/City Engineer Date Page 470 CITY OF RANCHO CUCAMONGA PARKS AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2845 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem Ryan A. Hutchison, Council Member Kristine D. Scott, Council Member Ashley N. Stickler, Council Member CITY STAFF John R. Gillison, City Manager Elisa Cox, Assistant City Manager Jason C. Welday, Director of Engineering Services/City Engineer Micah Martin, Public Works Director Noah Daniels, Finance Director Page 471 TABLE OF CONTENTS AUTHORITY FOR REPORT 1 FINDINGS 1 DISTRICT ANALYSIS 2 ESTIMATE OF WORK 3 District Budget 3 Definitions of Budget Items 5 METHOD OF SPREAD 6 Annexations 8 Boundary Map 8 Page 472 ____________________________________________________________________________ Park and Recreation Improvement District No. PD-85 – City of Rancho Cucamonga 1 Fiscal Year 2024/25 AUTHORITY FOR REPORT This report for the Fiscal Year 20 24/25 is prepared pursuant to the order of the City Council of the City of Rancho Cucamonga (the “City”) and in compliance with the requirements of Article 4, Chapter 1, Landscape and Lighting Act of 1972 (the “1972 Act”), being Division 15, Section 22500 of the Streets and Highways code. Provisions for this annual assessment are included in Chapter 3 of the 1972 Act. The purpose of this report is to set forth findings and the assessment analysis for the annual levy of assessments for the Park and Recreation Improvement District No. PD-85 (the “District”). This District, using direct benefit assessments, was originally created to provide funds to finance the cost of construction, maintenance, operation and debt payment of Heritage Community Park and Red Hill Community Park in the City of Rancho Cucamonga. Subsequently, the debt has been repaid with only the ongoing maintenance and operation with periodic capital improvement expenditures of the parks remaining. FINDINGS Section 22573 of the 1972 Act, requires assessments to be levied according to benefit rather than according to assessed value. The section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. The means of determining whether or not a parcel will benefit from the improvements is contained in the Improvement Act of 1911 (Division 7, commencing with Section 5000 of the Streets and Highways Code, State of California). The 1972 Act also provides for the classification of various areas within an assessment district into benefit areas where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of all territory receiving substantially the same degree of benefit from the improvements and may consist of contiguous or noncontiguous areas. As the assessments are levied on the bases of benefit, they are considered a user’s fee, not a tax; and, therefore, are not governed by Article XIII A. Properties owned by public agencies, such as a city, county, state, or the Federal government, are not assessable without the approval of the particular agency and, normally, are not assessed. Certain other parcels used for railroad mainline right-of-way, public utility transmission right-of-way, and common areas are also exempt from assessment. The assessment for mobile home parks will be based upon underlying lot acreage. Page 473 ____________________________________________________________________________ Park and Recreation Improvement District No. PD-85 – City of Rancho Cucamonga 2 Fiscal Year 2024/25 DISTRICT ANALYSIS A. District Boundary The District includes all of the City of Rancho Cucamonga with the general exception of land east of Deer Creek Channel and the Victoria, Caryn and Terra Vista Planned Communities. All parcels of real property affected are more particularly described in maps prepared in accordance with Section 327 of the Revenue and Taxation Code, which are on file in the office of the San Bernardino County Assessor in the Hall of Records, 172 West Third Street, San Bernardino, California and which are hereby made a part hereof by reference. B. District Name City of Rancho Cucamonga Park and Recreation Improvement District No. PD-85. C. Facilities The existing works within the District boundary are generally described as follows: 1. The maintenance and operation of Heritage Community Park including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, restrooms, equestrian facilities, playground equipment, picnic facilities, athletic facilities, and walking, jogging and equestrian trails and sanitary sewer connections. 2. The maintenance and operation of Red Hill Community Park including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, waterscape, restrooms, senior citizens facilities, playground equipment, picnic facilities, major lighted athletic facilities, jogging trail, sanitary sewer connections and onsite drainage inlets. Page 474 ____________________________________________________________________________ Park and Recreation Improvement District No. PD-85 – City of Rancho Cucamonga 3 Fiscal Year 2024/25 ESTIMATE OF WORK The 1972 Act permits carrying forward surpluses or recovering deficits in subsequent fiscal years. Costs for the district will be reviewed annually. Any surplus credited against assessment or any deficits shall be included in the assessment for the following fiscal year. District Budget Fiscal Year 2024/25 Budget Expenditures Personnel Services: Regular Salaries 177,640$ Overtime Salaries 4,600 Fringe Benefits 88,890 Subtotal - Personnel 271,130 Operations and Maintenance: Operations and Maintenance: O & M/General 72,270 O & M/Facilities 3,300 Emergency Equipment and Vehicle Rental 8,500 Equipment Operations and Maintenance 3,300 Subtotal - Operations and Maintenance 87,370 Contract Services: Contract Services/General 374,660 Contract Services/Facilities 15,280 Tree Maintenance 26,820 Subtotal - Contract Services 416,760 Utilities: Telephone Utilities 1,920 Water Utilities 190,230 Electric Utilities 176,710 Subtotal - Utilities 368,860 Assessment Administration 99,190 Admin./General Overhead 94,070 Other Expenses 2,960 Subtotal - Operations and Maintenance 1,069,210 Capital Expenditures: Captial Outlay - Improvements Other Than Building 252,740 Captial Project 700,000 Subtotal - Capital Expenditures 952,740 Transfers Out: Transfers Out - PD-85 Capital Reserve Fund 116,800 Total Expenditures Budget 2,409,880$ Page 475 ____________________________________________________________________________ Park and Recreation Improvement District No. PD-85 – City of Rancho Cucamonga 4 Fiscal Year 2024/25 Fiscal Year 2024/25 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 1,164,150$ Anticipated Prior Year Delinquencies Collection 13,560 Subtotal - Taxes 1,177,710 Other Revenues: Other Rental/Lease Income 124,010 Park Maintenance Fees 4,210 Sports Field User Group Rentals 110 Sports Lighting Fees 17,270 Other Revenue 100 Subtotal - Other Revenues:145,700 Transfer In: Transfer In - General Fund 117,420 Transfer In - PD-85 Operating Fund 116,800 Transfer In - CFD Empire Lakes 86,890 Subtotal - Transfer In:321,110 Total Revenues Budget 1,644,520 Contribution to/(Use of) Fund Balance (765,360)$ Total Gross Estimated Assessments 1,164,143.00$ Total District EBU Count 37,546.00 Actual Assessment per EBU - Fiscal Year 2024/25 31.00$ Maximum Allowable Assessment per EBU - Fiscal Year 2024/25 31.00$ Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County of San Bernardino, whichever is later. Beginning with Fiscal Year 2016/17, the City will maintain a Capital Reserve to be used for deferred maintenance and pending capital projects. Page 476 ____________________________________________________________________________ Park and Recreation Improvement District No. PD-85 – City of Rancho Cucamonga 5 Fiscal Year 2024/25 The reserve balance information for the District is as follows: Operating Capital Total Reserve Reserve Reserve Estimated Reserve Fund Balance, June 30, 2024 2,379,818$ 426,124$ 2,805,942$ Contribution to/(Use of) Reserve - Fiscal Year 2024/25 (785,410) 20,050 (765,360) Estimated Reserve Fund Balance, June 30, 2025 1,594,408$ 446,174$ 2,040,582$ Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Page 477 ____________________________________________________________________________ Park and Recreation Improvement District No. PD-85 – City of Rancho Cucamonga 6 Fiscal Year 2024/25 Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). METHOD OF SPREAD The 1972 Act indicates that assessments may be apportioned by any formula or method which fairly distributes costs among all lots or parcels within the District in proportion to the estimated benefit received. A. Definitions The District is divided into three categories for the purpose of determining the assessments as follows: CATEGORY A – includes parcels based on the number of existing residential units within certain ranges of parcel size. CATEGORY B – includes all parcels not defined in Category A or Category C CATEGORY C – includes exempt parcels. Exempt parcels are those parcels listed by the County Assessor’s as exempt and/or which have an assessed value of less than $500. B. Formula The assessment formula is based on actual land use information contained in the current San Bernardino Assessor’s computer files and Assessor’s parcel maps. Category A: All parcels containing existing residential dwelling units and meeting the following conditions. Parcel Size/Range Dwelling Units/Parcel Less than 1.5 Acres and 1 or more dwelling units 1.51 to 3.5 Acres and 2 or more dwelling units 3.51 to 7.0 Acres and 4 or more dwelling units 7.01 to 14.0 Acres and 8 or more dwelling units 14.01 to 25 Acres and 15 or more dwelling units 25.01 Acres and larger 26 or more dwelling units Category A is based on the number of existing residential units. Page 478 ____________________________________________________________________________ Park and Recreation Improvement District No. PD-85 – City of Rancho Cucamonga 7 Fiscal Year 2024/25 Category B: All parcels not defined in Category A or Category C. Category C: All exempt parcels as defined below: 1. All properties currently tax exempt; 2. All public ownership; 3. Railroad mainline right-of-ways; 4. Major utility transmission right-of-ways; 5. Mineral rights; 6. Parcels so small they currently cannot be built upon; 7. All normally assessable parcels within an assessed valuation of less than $500 and 1.5 acres or less; and, C. Summary of Preliminary Assessment Amounts Category A: The preliminary estimated assessment rate, which will be levied during the Fiscal Year 2024/25, is $31.00 per residential dwelling unit for those parcels in Category A. Category A parcels containing more than one residential dwelling unit will be assessed for an amount equal to $31.00 times the number of residential dwelling units. Category B: The assessment, which may be levied for parcels within Category B during the Fiscal Year 2024/25, shall be according to the following schedule: Definition Assessment Per Parcels Single Family Residential $31.00 Multi-Family Residential $31.00 Less than 1.5 Acres $15.50 1.51 Acres to 3.50 Acres $46.50 3.51 Acres to 7.0 Acres $108.50 7.01 Acres to 14.0 Acres $217.00 14.01 Acres to 25.0 Acres $434.00 25.01 Acres and larger $775.00 Category C: The assessment shall be $0.00 for Category C parcels. Page 479 ____________________________________________________________________________ Park and Recreation Improvement District No. PD-85 – City of Rancho Cucamonga 8 Fiscal Year 2024/25 Annexations There are no effective annexations for Fiscal Year 2024/25. Boundary Map An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer’s Report. Page 480 ____________________________________________________________________________ Park and Recreation Improvement District No. PD-85 – City of Rancho Cucamonga 9 Fiscal Year 2024/25 Page 481 Resolution No. 2024-XXX – Page 1 of 2 ATTACHMENT 19 RESOLUTION NO. 2024-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL ENGINEER’S REPORTS PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3B, 4-R, 6-R, 7, 8, 9 AND 10, INCLUSIVE, FOR FISCAL YEAR 2024/25 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously undertaken proceedings to form and has formed certain maintenance districts pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (the “1972 Act”), known and designated as Landscape Maintenance District Nos. 1, 2, 3B, 4-R, 6-R, 7, 8, 9 and 10, inclusive (each, a “District” and collectively, the “Districts”); and WHEREAS, at this time the City Council desires to initiate proceedings pursuant to Chapter 3 of the 1972 Act to authorize the proposed new improvements and provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance and servicing of improvements within the Districts; and WHEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2024, and ending June 30, 2025 (“Fiscal Year 2024/25”). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. New Improvements or Substantial Changes in Existing Improvements. The Andover playground on the southwest corner of Andover and Bedford is proposed to be a new improvement for Landscape Maintenance District 1 and maintained or serviced and improvements are proposed to be made for Fiscal Year 2024/25. SECTION 3. Annual Engineer’s Reports. The City Engineer is hereby ordered to prepare and file with this City Council an Annual Engineer’s Report for each District relating to such annual assessment and levy in such District in accordance with the provisions of 1972 Act, Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”). SECTION 4. Filing of the Annual Engineer’s Reports. Upon completion, the Annual Engineer’s Report for each District shall be filed with the City Clerk, who shall then submit the same to this City Council for its consideration pursuant to the Assessment Law. Page 482 Resolution No. 2024-XXX – Page 2 of 2 PASSED, APPROVED, AND ADOPTED this ________ day of ______________ 2024. Page 483 Resolution No. 2024-XXX – Page 1 of 2 ATTACHMENT 20 RESOLUTION NO. 2024-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PRELIMINARY ANNUAL ENGINEER’S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3B, 4-R, 6-R, 7, 8, 9 AND 10, INCLUSIVE, FOR FISCAL YEAR 2024/25 WHEREAS, the City Council of the City of Rancho Cucamonga, California, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California (the “1972 Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”), did, by previous Resolution, order the preparation of a separate report for the annual levy of assessments for Fiscal Year 2024/25 (each, an “Annual Engineer’s Report”) in certain maintenance assessment districts known and designated as Landscape Maintenance District Nos. 1, 2, 3B, 4-R, 6-R, 7, 8, 9 and 10, inclusive (each, a “District” and collectively, the “Districts”); and WHEREAS, there has now been presented to this City Council a separate Annual Engineer’s Report for each District as required by the Assessment Law and as previously directed by Resolution; and WHEREAS, this City Council has now examined and reviewed each Annual Engineer’s Report as presented, and is satisfied with each and all of the items and documents as set forth in each such report, and is satisfied that the assessments, on a preliminary basis, have been allocated within each District in accordance with the special benefits received from the improvements to be maintained and serviced, as set forth in the applicable Annual Engineer’s Report. WHEREAS, the annual assessments for Fiscal Year 2024/25 proposed to be levied within each District as set forth in the applicable report do not exceed the annual assessments as previously authorized to be levied within such District and, therefore, the proposed levy of assessments for Fiscal Year 2024/25 within such District are not deemed to be “increased” over the maximum authorized annual assessments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Annual Engineer’s Reports. The Annual Engineer’s Report for each District as presented, consisting of the following: A. Plans and specifications describing the general nature, location, and extent of the improvements to be maintained and serviced and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the District for Fiscal Year 2024/25; C. A diagram for such District, showing the area and properties proposed to be assessed; Page 484 Resolution No. 2024-XXX – Page 2 of 2 D. An annual assessment for Fiscal Year 2024/25 of the estimated costs of the maintenance and servicing of those improvements to be maintained and serviced during such Fiscal Year, assessing the net amount upon all assessable lots and/or parcels within such District in proportion to the special benefits received is hereby approved on a preliminary basis and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection; SECTION 3.The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Annual Engineer’s Reports. PASSED, APPROVED, AND ADOPTED this _______ day of _____________ 2024. Page 485 Resolution No. 2024-XXX – Page 1 of 5 ATTACHMENT 21 RESOLUTION NO. 2024-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024/25 IN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3B, 4-R, 6-R, 7, 8, 9 AND 10, INCLUSIVE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed certain maintenance districts and authorized the levy of assessments therein pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (the “1972 Act”) in what are known and designated as Landscape Maintenance District Nos. 1, 2, 3B, 4-R, 6-R, 7, 8, 9 and 10, inclusive (each a “District” and collectively, the “Districts”); and WHEREAS, this City Council has initiated proceedings to provide for the annual levy of assessments for Fiscal Year 2024/25, to finance the costs and expenses necessary for continued maintenance and servicing of improvements within each District; and WHEREAS, at this time, there has been presented and approved by this City Council, a separate report for each District identified by the distinctive designation of such District and entitled “Fiscal Year 2024/25 Annual Engineer’s Report” (each, an “Annual Engineer’s Report” and collectively, the “Annual Engineer’s Reports”) as required pursuant to Article 4 of Chapter 1 of the 1972 Act, Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”), and this City Council desires to conduct the proceedings to authorize the levy of the annual assessments within each District; and WHEREAS, the annual assessments for Fiscal Year 2024/25 proposed to be levied within each District as set forth in the applicable report do not exceed the annual assessments as previously authorized to be levied within such District and, therefore, the proposed levy of assessments for Fiscal Year 2024/25 within such District are not deemed to be “increased” over the maximum authorized annual assessments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Improvements and Maintenance and Servicing Thereof. The public interest and convenience requires the City Council, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of assessments within each District for the continual maintenance and servicing of the improvements authorized to be maintained and serviced within each such District. The improvements include, but are not limited to, turf, ground cover, planter beds, shrubs, plants and trees, landscape lighting, irrigation systems, electrical energy for irrigation controllers, hardscapes, entry signs, sound walls, and all associated appurtenant facilities. A description of the specific improvements to be maintained and serviced within each District is set forth in Appendix A attached hereto and incorporated herein by this reference. Page 486 Resolution No. 2024-XXX – Page 2 of 5 "Maintenance" may include the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: (a) repair, removal, or replacement of all or any part of any improvement; (b) providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; (c) the removal of trimmings, rubbish, debris, and other solid waste; and (d) the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Service" may include the furnishing of: (a) electric current or energy, gas, or other illuminating agent for the lighting or operation of any improvements; and (b) water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Reference is made to the applicable Annual Engineer’s Report for further information regarding the improvements to be maintained and serviced for each District and the scope of such maintenance and service. SECTION 3. Annual Engineer’s Reports. The Annual Engineer’s Reports regarding the annual levy for each District for Fiscal Year 2024/25 have been preliminarily approved and directed to be filed in the Office of the City Clerk. Reference is made to the applicable such report for each District for a full and detailed description of the improvements to be maintained and serviced, the boundaries of such District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within such District. SECTION 4. Assessment. The public interest and convenience requires, and it is the intention of this City Council to order, the annual levy of assessments for each District as set forth and described in the applicable Annual Engineer’s Report, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of such maintenance and service as estimated in such Annual Engineer’s Report. SECTION 5. Boundaries of Districts. The proposed maintenance and service work as described in the Annual Engineer’s Report for each District is, in the opinion of this City Council, of special benefit to the properties within the boundaries of such District, and this City Council makes the costs and expenses of such maintenance and service chargeable upon each such District, which District said City Council hereby declares to be the District specially benefited by such maintenance and service, and to be further assessed pursuant to the Assessment Law to pay the costs and expenses thereof. Each such District shall include each and every parcel of land within the boundaries thereof; as such District is shown on a map or maps as approved by this City Council and on file in the Office of the City Clerk, and so designated by the name of such District. SECTION 6. Public Hearing. Notice is hereby given that a public hearing will be held on the 17th day of July 2024, at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting of the City Council, being in the Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, California, which is the time and place fixed by this City Council for the hearing of protests or objections in reference to the annual levy of assessments, to the extent of the maintenance, by any interested person and any other matters contained in this resolution. Any persons who wish to object to the proceedings for the annual levy should file a written protest with the City Clerk prior to the time set and scheduled for said public hearing. SECTION 7. For Information Regarding Proceedings. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the City: Page 487 Resolution No. 2024-XXX – Page 3 of 5 Noah Daniels Finance Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 774-2403 SECTION 8. Notice. The City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6061, a copy of this Resolution in the Inland Valley Daily Bulletin, a newspaper of general circulation within said City, said publication shall be made one time and not less than ten (10) days before the date set for the Public Hearing. PASSED, APPROVED, AND ADOPTED this _______ day of ______________ 2024. Page 488 Resolution No. 2024-XXX – Page 4 of 5 Appendix A Descriptions of Improvements This Appendix A contains general descriptions of the improvements to be maintained and serviced within each of the Districts. Please refer to the Annual Engineer’s Report for a full and complete description of the maintenance and service to be provided for each District. Landscape Maintenance District No. 1 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Entry Monuments Community Trails Playground at Andover Place and Bedford Drive Parks: Bear Gulch Park, East and West Beryl Parks, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and Don Tiburcio Tapia Park (undeveloped) Landscape Maintenance District No. 2 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Entry Monuments Parks: Ellena Park, Kenyon Park, Victoria Arbors Park, Victoria Groves Park, Vintage Park and Windrows Park Landscape Maintenance District No. 3B Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Street Trees Entry Monuments Metrolink Landscape Maintenance District No. 4-R Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Parks: Spruce Park, Mountain View Park, Ralph M. Lewis Park, Coyote Canyon Park, Milliken Park and West Greenway Park Page 489 Resolution No. 2024-XXX – Page 5 of 5 Landscape Maintenance District No. 6-R Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Community Trails Landscape Maintenance District No. 7 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Community Trails Parks: Etiwanda Creek Community Park Landscape Maintenance District No. 8 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Community Trails Landscape Maintenance District No. 9 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Street Trees Parks: Garcia Park Landscape Maintenance District No. 10 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Street Trees Community Trails Parks: Day Creek Park Page 490 Resolution No. 2024-XXX – Page 1 of 2 ATTACHMENT 22 RESOLUTION NO. 2024-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL ENGINEER’S REPORTS PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8, INCLUSIVE, FOR FISCAL YEAR 2024/25 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously undertaken proceedings to form and has formed certain maintenance districts pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (the “1972 Act”), known and designated as Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7 and 8, inclusive (each, a “District” and collectively, the “Districts”); and WHEREAS, at this time, the City Council desires to initiate proceedings pursuant to Chapter 3 of the 1972 Act to authorize the proposed new improvements and provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance and servicing of improvements within the Districts; and WHEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2024, and ending June 30, 2025 (“Fiscal Year 2024/25”). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. New Improvements or Substantial Changes in Existing Improvements. No new improvements are proposed to be added to the improvements to be maintained and serviced and no substantial changes in the existing improvements are proposed to be made for Fiscal Year 2024/25. SECTION 3. Annual Engineer’s Reports. The City Engineer is hereby ordered to prepare and file with this City Council an Annual Engineer’s Report for each District relating to such annual assessment and levy in such District in accordance with the provisions of Article 3 of Chapter 1 of the 1972 Act, Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”). SECTION 4. Filing of the Annual Engineer’s Reports. Upon completion, the Annual Engineer’s Report for each District shall be filed with the City Clerk, who shall then submit the same to this City Council for its consideration pursuant to the Assessment Law. Page 491 Resolution No. 2024-XXX – Page 2 of 2 PASSED, APPROVED, AND ADOPTED this ________ day of _____________ 2024. Page 492 Resolution No. 2024-XXX – Page 1 of 2 ATTACHMENT 23 RESOLUTION NO. 2024-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PRELIMINARY ANNUAL ENGINEER’S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8, INCLUSIVE, FOR FISCAL YEAR 2024/25 WHEREAS, the City Council of the City of Rancho Cucamonga, California, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California (the “1972 Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”), did, by previous Resolution, order the preparation of a separate report for the annual levy of assessments for Fiscal Year 2024/25 (each, an “Annual Engineer’s Report”) in certain maintenance assessment districts known and designated as Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7 and 8, inclusive (each, a “District” and collectively, the “Districts”); and WHEREAS, there has now been presented to this City Council a separate Annual Engineer’s Report for each District as required by the Assessment Law and as previously directed by Resolution; and WHEREAS, this City Council has now examined and reviewed each Annual Engineer’s Report as presented, and is satisfied with each and all of the items and documents as set forth in each report, and is satisfied that the assessments, on a preliminary basis, have been spread within each District in accordance with the special benefits received from the improvements to be maintained and serviced, as set forth in the applicable Annual Engineer’s Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Annual Engineer’s Reports. The Annual Engineer’s Report for each District as presented, consisting of the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be maintained and serviced and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the District for Fiscal Year 2024/25; C. A diagram for such District, showing the area and properties proposed to be assessed; and D. An annual assessment for Fiscal Year 2024/25 of the estimated costs of the maintenance and servicing of those improvements to be maintained and serviced during such Fiscal Year, assessing the net amount upon all assessable lots and/or parcels within such District in proportion to the special benefits received is hereby approved on a preliminary basis and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Page 493 Resolution No. 2024-XXX – Page 2 of 2 SECTION 3.The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Annual Engineer’s Reports. PASSED, APPROVED, AND ADOPTED this ________ day of ____________ 2024. Page 494 Resolution No. 2024-XXX – Page 1 of 4 ATTACHMENT 24 RESOLUTION NO. 2024-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024/25 IN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8, INCLUSIVE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed certain maintenance districts and authorized the levy of assessments therein pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (the “1972 Act”) in what are known and designated as Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7 and 8, inclusive (each a “District” and collectively, the “Districts”); and WHEREAS, this City Council has initiated proceedings to provide for the annual levy of assessments for Fiscal Year 2024/25, to finance the costs and expenses necessary for continued maintenance and servicing of improvements within each District; and WHEREAS, at this time, there has been presented and approved by this City Council, a separate report for each District identified by the distinctive designation of such District and entitled “Fiscal Year 2024/25 Annual Engineer’s Report” (each, an “Annual Engineer’s Report” and collectively, the “Annual Engineer’s Reports”) as required pursuant to Article 4 of Chapter 1 of the 1972 Act, Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”), and this City Council desires to conduct the proceedings to authorize the levy of the annual assessments within each District; and WHEREAS, the annual assessments for Fiscal Year 2024/25 proposed to be levied within each District as set forth in the applicable Annual Levy Report do not exceed the annual assessments as previously authorized to be levied within such District and, therefore, the proposed levy of assessments for Fiscal Year 2024/25 within such District are not deemed to be “increased” over the maximum authorized annual assessments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Improvements and Maintenance and Servicing Thereof. The public interest and convenience requires the City Council, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of assessments within each District for the continual maintenance and servicing of the improvements authorized to be maintained and serviced within each such District. The improvements include, but are not limited to, street lights, traffic signals and appurtenant facilities related thereto. A description of the specific improvements to be acquired, maintained and serviced within each District is set forth in Appendix A attached hereto and incorporated herein by this reference. The maintenance of the improvements includes the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement. Service includes the furnishing of electric current or energy, gas, or other illuminating agent for any improvement. Page 495 Resolution No. 2024-XXX – Page 2 of 4 Reference is made to the applicable Annual Engineer’s Report for further information regarding the improvements to be acquired, maintained and serviced for each District and the scope of such maintenance and service. SECTION 3. Annual Engineer’s Reports. The Annual Engineer’s Reports regarding the annual levy for each District for Fiscal Year 2024/25 have been preliminarily approved and directed to be filed in the Office the City Clerk. Reference is made to the applicable such report for each District for a full and detailed description of the improvements to be maintained and serviced, the boundaries of such District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within such District. SECTION 4. Assessment. The public interest and convenience requires, and it is the intention of this City Council to order, the annual levy of assessments for each District as set forth and described in the applicable Annual Engineer’s Report, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of such maintenance and service as estimated in such Annual Engineer’s Report. SECTION 5. Boundaries of Districts. The proposed maintenance and service work as described in the Annual Engineer’s Report for each District is, in the opinion of this City Council, of special benefit to the properties within the boundaries of such District, and this City Council makes the costs and expenses of such maintenance and service chargeable upon each such District, which District said City Council hereby declares to be the District specially benefited by such maintenance and service, and to be further assessed pursuant to the Assessment Law to pay the costs and expenses thereof. Each such District shall include each and every parcel of land within the boundaries thereof; as such District is shown on a map or maps as approved by this City Council and on file in the Office of the City Clerk, and so designated by the name of such District. SECTION 6. Public Hearing. Notice is hereby given that a public hearing will be held on the 17th day of July 2024, at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting of the City Council, being in the Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, California, which is the time and place fixed by this City Council for the hearing of protests or objections in reference to the annual levy of assessments, to the extent of the maintenance, by any interested person and any other matters contained in this resolution. Any persons who wish to object to the proceedings for the annual levy should file a written protest with the City Clerk prior to the time set and scheduled for said public hearing. SECTION 7. For Information Regarding Proceedings. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the City: Noah Daniels Finance Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 774-2403 SECTION 8. Notice. The City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6061, a copy of this Resolution in the Inland Valley Daily Bulletin, a newspaper of general circulation within said City, said publication shall be made one time and not less than ten (10) days before the date set for the Public Hearing. Page 496 Resolution No. 2024-XXX – Page 3 of 4 PASSED, APPROVED, AND ADOPTED this __________ day of _____________ 2024. Page 497 Resolution No. 2024-XXX – Page 4 of 4 Appendix A Descriptions of Improvements This Appendix A contains general descriptions of the improvements to be maintained and serviced within each of the Districts. Please refer to the Annual Engineer’s Report for a full and complete description of the maintenance and service to be provided for each District. Street Lighting Maintenance District No. 1 The installation/maintenance of street lights and traffic signals on arterial streets that are throughout the City. Street Lighting Maintenance District No. 2 The installation/maintenance of street lights and traffic signals on local streets that are generally west of Haven Avenue. Street Lighting Maintenance District No. 3 The installation/maintenance of street lights and traffic signals located within the Victoria Planned Community. Street Lighting Maintenance District No. 4 The installation/maintenance of street lights and traffic signals located within the Terra Vista Planned Community. Street Lighting Maintenance District No. 5 The installation/maintenance of street lights and traffic signals located within the Caryn Planned Community. Street Lighting Maintenance District No. 6 The installation/maintenance of street lights and traffic signals located on commercial and industrial streets throughout the City but that are not within an existing local maintenance district. This area is located generally south of Foothill Boulevard. Street Lighting Maintenance District No. 7 The installation/maintenance of street lights and traffic signals on local streets within this area of the City is known as "North Etiwanda". This area is located generally east of Day Creek Channel and north of Highland Avenue. Street Lighting Maintenance District No. 8 The installation/maintenance of street lights and traffic signals on local streets within this area of the City is known as "South Etiwanda". This area is located generally east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue. Page 498 Resolution No. 2024-XXX – Page 1 of 2 ATTACHMENT 25 RESOLUTION NO. 2024-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF THE ANNUAL ENGINEER’S REPORT PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2024/25 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously undertaken proceedings to form and has formed that certain maintenance district pursuant to pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (the “1972 Act”), known and designated as Park and Recreation Improvement District No. PD-85 (the “District”); and WHEREAS, at this time the City Council desires to initiate proceedings pursuant to Chapter 3 of the 1972 Act to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance and servicing of improvements within the District; and WHEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2024, and ending June 30, 2025 (“Fiscal Year 2024/25”). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. New Improvements or Substantial Changes in Existing Improvements. No new improvements are proposed to be added to the improvements to be maintained or serviced and no substantial changes in the existing improvements are proposed to be made for Fiscal Year 2024/25. SECTION 3. Annual Engineer’s Report. The City Engineer is hereby ordered to prepare and file with this City Council an Annual Engineer’s Report for the District relating to such annual assessment and levy in such District in accordance with the provisions of 1972 Act, Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”). SECTION 4. Filing of the Annual Engineer’s Report. Upon completion, the Annual Engineer’s Report for the District shall be filed with the City Clerk, who shall then submit the same to this City Council for its consideration pursuant to the Assessment Law. Page 499 Resolution No. 2024-XXX – Page 2 of 2 PASSED, APPROVED, AND ADOPTED this ________ day of _____________ 2024. Page 500 Resolution No. 2024-XXX – Page 1 of 2 ATTACHMENT 26 RESOLUTION NO. 2024-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PRELIMINARY ANNUAL ENGINEER’S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2024/25 WHEREAS, the City Council of the City of Rancho Cucamonga, California, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California (the “1972 Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”), did, by previous Resolution, order the preparation of a report for the annual levy of assessments for Fiscal Year 2024/25 (the “Annual Engineer’s Report”) in a certain maintenance assessment district known and designated as Park and Recreation Improvement District No. PD-85 (the “District”); and WHEREAS, there has now been presented to this City Council the Annual Engineer’s Report for the District as required by the Assessment Law and as previously directed by Resolution; and WHEREAS, this City Council has now examined and reviewed the Annual Engineer’s Report as presented, and is satisfied with each and all of the items and documents as set forth in such report, and is satisfied that the assessments, on a preliminary basis, have been allocated within the District in accordance with the special benefits received from the improvements to be maintained and serviced, as set forth in the Annual Engineer’s Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Annual Engineer’s Reports. The Annual Engineer’s Report for the District as presented, consisting of the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be maintained and serviced and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the District for Fiscal Year 2024/25; C. A diagram for the District, showing the area and properties proposed to be assessed; and D. An annual assessment for Fiscal Year 2024/25 of the estimated costs of the maintenance and servicing of those improvements to be maintained and serviced during such Fiscal Year, assessing the net amount upon all assessable lots and/or parcels within such District in proportion to the special benefits received is hereby approved on a preliminary basis and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection. Page 501 Resolution No. 2024-XXX – Page 2 of 2 SECTION 3.The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Annual Engineer’s Report. PASSED, APPROVED, AND ADOPTED this _______ of _____________ 2024. Page 502 Resolution No. 2024-XXX – Page 1 of 4 ATTACHMENT 27 RESOLUTION NO. 2024-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024/25 WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed that certain maintenance district and authorized the levy of assessments therein pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (the “1972 Act”) in what is known and designated as Park and Recreation Improvement District No. PD-85 (the “District”); and WHEREAS, this City Council has initiated proceedings to provide for the annual levy of assessments for Fiscal Year 2024/25, to finance the costs and expenses necessary for continued maintenance and servicing of improvements within the District; and WHEREAS, at this time, there has been presented and approved by this City Council, a separate report for the District identified by the distinctive designation of such District and entitled “Fiscal Year 2024/25 Annual Engineer’s Report” (the “Annual Engineer’s Report”) as required pursuant to Article 4 of Chapter 1 of the 1972 Act, Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”), and this City Council desires to conduct the proceedings to authorize the levy of the annual assessments within the District; and WHEREAS, the annual assessments for Fiscal Year 2024/25 proposed to be levied within the District as set forth in the report do not exceed the annual assessments as previously authorized to be levied within such District and, therefore, the proposed levy of assessments for Fiscal Year 2024/25 within such District are not deemed to be “increased” over the maximum authorized annual assessments. NOW, THEREFORE, by the City Council of the City of Rancho Cucamonga, as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Improvements and Maintenance and Servicing Thereof. The public interest and convenience requires the City Council, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of assessments within the District for the continued maintenance and servicing of the improvements authorized to be maintained and serviced within such District. "Maintenance" may include the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: (a) repair, removal, or replacement of all or any part of any improvement; (b) providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; (c) the removal of trimmings, rubbish, debris, and other solid waste; and, (d) the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Service" may include the furnishing of: (a) electric current or energy, gas, or other illuminating agent for the lighting or operation of any improvements; and, (b) water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Page 503 Resolution No. 2024-XXX – Page 2 of 4 A description of the improvements to be maintained and the maintenance and services to be provided is set forth in Appendix A attached hereto and incorporated herein by this reference. SECTION 3. Annual Engineer’s Report. The Annual Engineer’s Report regarding the annual levy for the District for Fiscal Year 2024/25, has been preliminarily approved and directed to be filed in the office the City Clerk. Reference is made to such Report for the District for a full and detailed description of the improvements to be maintained and serviced, the boundaries of such District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within such District. SECTION 4. Assessment. The public interest and convenience requires, and it is the intention of this City Council to order, the annual levy of assessments for the District as set forth and described in the Annual Engineer’s Report, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of such maintenance and service as estimated in such Annual Engineer’s Report. SECTION 5. Boundaries of District. The proposed maintenance and service work as described in the Annual Engineer’s Report for the District is, in the opinion of this City Council, of special benefit to the properties within the boundaries of such District, and this City Council makes the costs and expenses of such maintenance and service chargeable upon such District, which District said City Council hereby declares to be the District specially benefited by such maintenance and service, and to be further assessed pursuant to the Assessment Law to pay the costs and expenses thereof. The District shall include each and every parcel of land within the boundaries thereof; as such District is shown on a map or maps as approved by this City Council and on file in the Office of the City Clerk, and so designated by the name of such District. SECTION 6. Public Hearing. Notice is hereby given that a public hearing will be held on the 17th day of July 2024, at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting of the City Council, being in the Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, California, which is the time and place fixed by this City Council for the hearing of protests or objections in reference to the annual levy of assessments, to the extent of the maintenance, by any interested person and any other matters contained in this resolution. Any persons who wish to object to the proceedings for the annual levy should file a written protest with the City Clerk prior to the time set and scheduled for said public hearing. SECTION 7. For Information Regarding Proceedings. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the City: Noah Daniels Finance Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 774-2403 SECTION 8. Notice. The City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6061, a copy of this Resolution in the Inland Valley Daily Bulletin, a newspaper of general circulation within said City, said publication shall be made one time and not less than ten (10) days before the date set for the Public Hearing. Page 504 Resolution No. 2024-XXX – Page 3 of 4 PASSED, APPROVED, AND ADOPTED this _______ day of ____________ 2024. Page 505 Resolution No. 2024-XXX – Page 4 of 4 Appendix A Descriptions of Improvements and Maintenance and Services This Appendix A contains a general description of the improvements to be maintained and serviced and a description of such maintenance and services. 1. The maintenance and operation of Heritage Community Park including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, restrooms, equestrian facilities, playground equipment, picnic facilities, athletic facilities, and walking, jogging and equestrian trails and sanitary sewer connections. 2. The maintenance and operation of Red Hill Community Park including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, waterscape, restrooms, senior citizen facilities, playground equipment, picnic facilities, major lighted athletic facilities, jogging trail, sanitary sewer connections and onsite drainage inlets. Page 506 DATE:June 5, 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 James Lo, Assistant Engineer SUBJECT:Consideration to Order the Annexation to Landscape Maintenance District No. 1 Related to Case No. BPR2023-00028, Located at 9353 19th Street. (RESOLUTION NO. 2024-038) (CITY) RECOMMENDATION: Staff recommends the City Council approve the attached resolution ordering the annexation of the land at 9353 19th Street into Landscape Maintenance District No. 1 related to Case No. BPR2023-00028. BACKGROUND: On June 20, 2023, Case No. BPR2023-00028 was submitted to the Building and Safety Services Department for the construction of an 840 square foot accessory dwelling unit, 1,040 square foot house remodel, 1,697 square foot house addition, and 1,072 square foot new garage located at 9353 19th Street. A condition of approval for the permit is that the property is annexed into the appropriate Landscape Maintenance Districts and Community Facilities Districts. ANALYSIS: The owner, Stewart, Vincent and Stewart, Lashawne, have submitted the required Consent and Waiver to Annexation form to be annexed into Landscape Maintenance District No. 1. A copy of the form is on file with the City Clerk’s office. Adoption of the attached resolution is required to complete the annexation process. Annexation into the associated Community Facilities Districts is handled through a separate process. FISCAL IMPACT: The proposed annexations would supply additional annual revenue into Landscape Maintenance District No. 1 in the amount of $92.21. Further, the development will install no new street trees that will need to be maintained by the City. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s vision for the City by ensuring the maintenance of high- quality public improvements that promote a world class community. ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 - Resolution Ordering Annexation LMD No. 1 Page 507 ATTACHMENT 1 4 6 2 9 Vicinity Map BPR2023-00028 NOT TO SCALE Project Site Page 508 Resolution No. 2024-XXX – Page 1 of 5 4 6 3 0 ATTACHMENT 2 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR PROJECT CASE NO. BPR2023-00028 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Landscape Maintenance District No. 1 (General City) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Page 509 Resolution No. 2024-XXX – Page 2 of 5 4 6 3 0 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this 5 day of June 2024. Page 510 Resolution No. 2024-XXX – Page 3 of 5 4 6 3 0 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: STEWART, VINCENT & STEWART, LASHAWNE The legal description of the Property is: PARCEL 12218 LOT 17 Assessor’s Parcels Numbers of the Property: 0202-061-17-0000 Page 511 Resolution No. 2024-XXX – Page 4 of 5 4 6 3 0 Exhibit B Description of the District Improvements Fiscal Year 2023/24 Landscape Maintenance District No. 1 (General City): Landscape Maintenance District No. 1 (General City) (the “Maintenance District”) represents various landscaped areas, parks and community trails located at various sites throughout the City. These sites consist of several non-contiguous areas throughout the City. As such, the parcels within this District do not represent a distinct district area as do the other LMD’s within the City. Typically, new parcels within this District have been annexed upon development. The various sites maintained by the District consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park. Proposed additions to the Improvements for Project Case No. BPR2023-00028: NONE Page 512 Resolution No. 2024-XXX – Page 5 of 5 4 6 3 0 Exhibit C Proposed Annual Assessment Fiscal Year 2023/24 Landscape Maintenance District No.1 (General City): The rate per Equivalent Benefit Unit (EBU) is $92.21 for the fiscal year 2023/24. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City) for Case No. BPR2023-00028: Land Use Basis EBU* Factor Rate per EBU* Single Family Residential Parcel 1.00 $92.21 Multi-Family Residential Unit 0.50 92.21 Non-Residential Acre 2.00 92.21 The proposed annual assessment for the property described in Exhibit A is as follows: 1 (Parcels) x 1 EBU Factor x $92.21 Rate per EBU = $92.21 Annual Assessment Page 513 DATE:June 5, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Noah Daniels, Finance Director Kelly Guerra, Special Districts Analyst SUBJECT:Consideration to Approve and Adopt Resolutions Certifying the Results of Elections and Adding Annexation Nos. 2024-5, 2024-9, and 2024-10 to Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga. (RESOLUTION NOS. 2024-040, 2024-041 AND 2024-042) (CITY) RECOMMENDATION: It is recommended that the City Council approve and adopt the Resolutions Certifying the Results of Elections and Adding Annexations Nos. 2024-5, 2024-9, and 2024-10 to the 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 April 2024, the Property Owners signed an Annexation Proceeding Deposit Agreement to initiate the annexation process. ANALYSIS: In May 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. Page 514 Page 2 2 3 6 2 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 2024-5 Attachment 2 – Resolution Certifying the Results of an Election and Adding Annexation 2024-9 Attachment 3 – Resolution Certifying the Results of an Election and Adding Annexation 2024-10 Page 515 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. 2024-5. 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. 2024-5 (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 Page 516 Page 2 of 3 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. 2024-5 (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: Page 517 Page 3 of 3 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. Page 518 A - 1 EXHIBIT “A” CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST Page 519 B - 1 EXHIBIT “B” ANNEXATION MAP Page 520 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. 2024-9. 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. 2024-9 (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 Page 521 Resolution 2024-XXX Page 2 of 3 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. 2024-9 (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: Page 522 Resolution 2024-XXX Page 3 of 3 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. Page 523 A - 1 EXHIBIT “A” CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST Page 524 B - 1 EXHIBIT “B” ANNEXATION MAP Page 525 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. 2024-10. 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. 2024-10 (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 Page 526 Resolution 2024-XXX Page 2 of 3 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. 2024-10 (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: Page 527 Resolution 2024-XXX Page 3 of 3 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. Page 528 A - 1 EXHIBIT “A” CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST Page 529 B - 1 EXHIBIT “B” ANNEXATION MAP Page 530 DATE:June 5, 2024 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Noah Daniels, Finance Director Darci Vogel, Fire Business Manager Kelly Guerra, Special Districts Analyst SUBJECT:Consideration of Approval to Adopt an Annexation Map Showing Assessor Parcel Number 0225-122-71, Which are Proposed to be Annexed Into CFD No. 88-1; Approval to Adopt a Resolution of Intention to Annex Territory Referred to as Annexation No. 88-24-1 into Community Facilities District No. 88-1, Specifying Services Proposed to be Financed, to Set and Specify the Special Taxes Proposed to be Levied Within the Annexation Territory; and Set a Time and Place for a Public Hearing Related to the Annexation. (RESOLUTION NO. FD 2024-005) (RESOLUTION NO. FD 2024-006) (FIRE) RECOMMENDATION: Staff recommends that the Fire Board of the Rancho Cucamonga Fire Protection District: 1. Adopt a Resolution adopting “Annexation Map No. 88-24-1” showing Assessor Parcel Number (APN) 0225-122-71 (12974 Banyan Street), proposed to be annexed in Community Facilities District No. 88-1; and 2. Adopt a Resolution of Intention to Annex Territory referred to as “Annexation No. 88-24- 1” into Community Facilities District No. 88-1 to specify the services to be financed, to set and specify the rate and method of apportionment of the special taxes proposed to be levied within the territory proposed to be annexed, and 3. Set a time and place for a public hearing regarding Annexation No. 88-24-1. BACKGROUND: The property owner of APN 0225-122-71, located within the Fire Protection District (the "Territory"), is conditioned by the City and Fire Protection District to annex “Annexation No. 88- 24-1” into the existing Community Facilities District (CFD) No. 88-1 to satisfy fire protection service mitigation impacts. ANALYSIS: In order to initiate formal annexation proceedings, the Fire Board is being asked to adopt a resolution approving Annexation Map No. 88-24-1 of the territory proposed to be annexed and a Resolution of Intention to Authorize the Annexation of Annexation No. 88-24-1. Page 531 Page 2 2 3 4 3 Resolution No. FD 2024-005 will adopt “Annexation Map No. 88-24-1” showing the property proposed to be annexed into CFD No. 88-1 (Attachment 1). The territory is inclusive of the entire development project proposed by the Property Owner. Resolution No. FD 2024-006 declares the Fire Board intention to authorize the annexation of territory “Annexation No. 88-24-1” to CFD No. 88-1 (Attachment 2). The Resolution of Intention generally sets forth: (a) the District's intention to annex the Territory to the District shown in Exhibit “A”; (b) a description of the services and facilities which will, in part, be financed through the levy of the special tax on the Territory if annexed shown in Exhibit “B”; (c) the rate and method of apportionment of the proposed special tax shown in Exhibit “C”; (d) the date, time and location of the public hearing set for July 17, 2024, (e) election requirements. Special Counsel for the District has worked with staff to establish the annexation process, timelines and draft resolutions. The resolutions are considered to be routine and non- controversial, as the property owners are in support of the annexation procedure. On July 17, 2024, there will be a public hearing for public input/concerns on this matter. FISCAL IMPACT: The special tax revenues that are collected from CFD No. 88-1 are used to pay for public facilities and services in the District area. Costs related to the administering of the District are the responsibility of the property owners within the District. Annexation of the property ensures the property owner covers the cost of increased demand for fire services resulting from new development within the Territory. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. Annexation of the property into CFD 88-1 ensures the delivery of vital fire and life safety services to all residents while satisfying fire protection service mitigation impacts. ATTACHMENTS: Attachment 1 – Resolution No. FD 2024-005, Adopting Annexation No. 88-24-1 Map Attachment 2 – Resolution No. FD 2024-006, Intention to Authorize Annexation No. 88-24-1 Attachment 3 – Notice of Public Hearing for Fire Secretary for Annexation No. 88-24-1 Page 532 Resolution No. FD 2024-XXX - Page 1 of 1 ATTACHMENT 1 RESOLUTION NO. FD 2024-XXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 88-24-1) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 88-1 WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District (the “Board of Directors”), desires to initiate proceedings to annex territory to an existing Community Facilities District pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California , and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as Community Facilities District No. 88-1 (the “District”); and, WHEREAS, there has been submitted a map entitled “Annexation Map No. 88-24-1 to Community Facilities District No. 88-1, Rancho Cucamonga Fire Protection District, County of San Bernardino, State Of California” (the “Annexation Map”) showing the territory proposed to be annexed to the District (the “Territory”). NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: Section 1: The above recitals are all true and correct. Section 2: The Annexation Map showing the Territory proposed to be annexed to the District and to be subject to the levy of a special tax is hereby approved and adopted. Section 3: A certificate shall be endorsed on the original and on at least one (1) copy of the Annexation Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the intention to annex or extent of the annexation to the District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. PASSED, APPROVED and ADOPTED this day of , 2024. Page 533 Resolution No. FD 2024-XXX Page 1 of 11 ATTACHMENT 2 RESOLUTION NO. FD 2024-XXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 88-24-1) TO COMMUNITY FACILITIES DISTRICT NO. 88-1 WHEREAS, the Board Of Directors of the Rancho Cucamonga Fire Protection District, California, (“Board of Directors”), formed a Community Facilities District pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). The Community Facilities District has been designated as Community Facilities District No. 88-1 (the “District”); and, WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of certain real property to the District (the “Territory”); and WHEREAS, a map entitled “Annexation Map No. 88-24-1 to Community Facilities District No. 88- 1 Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California” (the “Annexation Map”) showing the Territory proposed to be annexed to the District has been submitted, the map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings; and WHEREAS, the Board of Directors now desires to proceed to adopt the Resolution of Intention to annex the Territory to the District, to describe the territory included within the District and the Territory proposed to be annexed thereto, to specify the facilities and services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such facilities and services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: 1. Recitals. The above recitals are all true and correct. 2. Legal Authority. These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. 3. Intention to Annex; Description of the Territory and the District. The Board of Directors hereby determines that the public convenience and necessity requires that the Territory be added to the District and this Board of Directors declares its intention to annex the Territory to the District. A description of the Territory is as follows: All that property within the Territory proposed to be annexed to the District, as such property is shown on the Annexation Map as previously approved by the Board of Directors, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. A general description of the Territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District and as subsequently annexed to the District, as such properties were shown on original maps of the District and the territories Page 534 Resolution No. FD 2024-XXX Page 2 of 11 subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the District, reference is made to the attached and incorporated Exhibit “A” (the “Annexation Map”). Copies of such maps are on file in the Office of the Secretary and have also been filed in the Office of the County Recorder. 4. Services and Facilities Authorized to be Financed by the District. The services that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described in Exhibit “B” (the “Services and Facilities”) attached hereto and incorporated herein by this reference and all costs associated the District, administration of the District, the determination of the amount of special taxes to be levied, the costs of collection any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District. If and to the extent feasible the Services and Facilities shall be provided in common within the existing District and the Territory. 5. Special Taxes. It is the further intention of this Board of Directors body that, except where funds are otherwise available, a special tax sufficient to pay for the Services and Facilities and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non- exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to Exhibit “C” (the “Special Tax Formula”), which is attached hereto and incorporated herein by this reference and which sets forth in sufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Services and Facilities in the existing District, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the Services and Facilities in the Territory is higher or lower than the cost of providing those Services and Facilities in the existing District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the special tax formula. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within the District shall not be increased as a result of the annexation of the Territory to the District. 6. Public Hearing. NOTICE IS GIVEN THAT ON THE 17TH DAY OF JULY 2024, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE BOARD OF DIRECTORS, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA 91730, A PUBLIC HEARING WILL BE HELD WHERE THIS BOARD OF DIRECTORS WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF Page 535 Resolution No. FD 2024-XXX Page 3 of 11 INTENTION. THAT AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING TAXPAYERS AND PROPERTY OWNERS, MAY APPEAR AND BE HEARD, AND THAT THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. 7. Majority Protest. If a written majority protest against the proposed annexation of the Territory to the District is filed, and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the Board of Directors on the issues discussed at the public hearing. 8. Election. If following the public hearing described in the Section above, the Board of Directors determines to proceed with the annexation of the Territory to the District, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. 9. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A copy of this Resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as required by the Act. PASSED, APPROVED and ADOPTED this day of , 2024. Page 536 Resolution No. FD 2024-XXX Page 4 of 11 EXHIBIT “A” COMMUNITY FACILITIES DISTRICT NO. 88-1 ANNEXATION MAP Page 537 Resolution No. FD 2024-XXX Page 5 of 11 COMMUNITY FACILITIES DISTRICT NO. 88-1 BOUNDARY MAP Page 538 Resolution No. FD 2024-XXX Page 6 of 11 EXHIBIT “B” COMMUNITY FACILITIES DISTRICT NO. 88-1 DESCRIPTION OF THE SERVICES AND FACILITIES The Services. It is the intention of the Board of Directors to finance certain types of fire services (the “Services”) that are in addition to those currently provided in or required for the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing services already available to the Territory. A general description of the Services to be financed is as follows: The performance of functions, operations, maintenance, and repair activities in order to provide fire protection and suppression services to the Territory. The Facilities. It is the intention of this Board of Directors to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of fire facilities (the “Facilities”) that are in addition to those currently provided to serve the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing facilities already available to serve the Territory. A general description of the types of the Facilities to be financed is as follows: Fire protection and suppression facilities and equipment, rescue equipment, with a useful life of five (5) years or more, including collection and accumulation of funds to pay for anticipated facilities cost shortfalls and reserves for repair and replacement to the extent that such facilities are necessary to meet the increased demand for such facilities resulting from new development within the Territory. Page 539 Resolution No. FD 2024-XXX Page 7 of 11 EXHIBIT “C” FOOTHILL FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 88-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX The rate and method of apportionment of the special tax authorized to be levied within Community Facilities District No. 88-1 (the “CFD No. 88-1 Rate and Method”) as originally established for and as applied to the taxable properties within such community facilities district is as follows: “The Resolution of Intention refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Tax so as to allow each landowner or resident within the proposed Community Facilities District to estimate the maximum annual amount that would be required for payment for such landowner’s or resident’s property. PROPERTY CATEGORIES There are three categories of property subject to special taxation, which are identified as follows: 1. DEVELOPED PROPERTY All property identified as a single Tax Assessor’s parcel for which property a building permit has been issued as of May 31 of any year. 2. APPROVED PROPERTY All property which of as May 31 of any year is subject to an approved Development Agreement with either the City of Rancho Cucamonga or the County of San Bernardino, an approved Annexation Agreement with the City of Rancho Cucamonga, or a recorded Final Subdivision Map or Final Parcel Map, but for which no building permit has been issued. 3. VACANT PROPERTY All other property, excluding property which, as of the date of the election to authorize the levy of the Special Tax, is: (i) owned by public entity; (ii) owned by a regulated public utility and being utilized for transmission or distribution purposes; or (iii) zoned as open space. Page 540 Resolution No. FD 2024-XXX Page 8 of 11 TAXING CLASSIFICATIONS AND MAXIMUM SPECIAL TAX RATES The taxing classifications for the above Property Categories and the maximum authorized Special Tax rates for fiscal year 1988-1989 are as follows: TAXING CLASSIFICATION MAXIMUM TAX RATE 1. DEVELOPED PROPERTY A. Residential Class I (More than 3,590 square feet of dwelling unit living area) * $292 per year B. Residential Class II (3,077 – 3,589 square feet of dwelling unit living area) * $225 per year C. Residential Class III (2,564 – 3,076 square feet of dwelling unit living area) * $180 per year D. Residential Class IV (2,308 – 2,563 square feet of dwelling unit living area) * $157 per year E. Residential Class V (2,051 – 2,307 square feet of dwelling unit living area) * $135 per year F. Residential Class VI (1,795 – 2,050 square feet of dwelling unit living area) * $124 per year G. Residential Class VII (less – 1,795 square feet of dwelling unit living area) * $112 per year H. Commercial or Industrial Property $449 per acre per year or $0.04 per SF or building area, whichever is greater ** 2. APPROVED PROPERTY $200 per lot or parcel 3. VACANT PROPERTY $10 per acre *** Page 541 Resolution No. FD 2024-XXX Page 9 of 11 * The square footage of dwelling unit living area shall mean the square footage of internal living space, exclusive of garages and other structures not used as living space, as shown on the building permit(s) issued for the dwelling unit. ** The square footage of a commercial or industrial building area shall mean the gross square footage for the building as reflected in the building plans upon which any building permits for the building were issued. *** The acreage of a Vacant Property shall be the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. ESCALATION OF MAXIMUM SPECIAL TAX RATES The maximum annual Special Tax rates applicable to all Developed Property shall be subject to escalation each July 1 commencing July 1, 1989, by the change factor calculated annually by the State of California Department of Finance for the purpose of increasing appropriations limits of State and local governments. In the event that the Department of Finance or its successor ceases to calculate the annual change factor, such Special Tax rates shall be subject to annual escalation not to exceed the increase in the Consumer Price Index as published by the Bureau of Labor Statistics for the Los Angeles Primary Metropolitan Statistical Area for the preceding twelve (12) month reporting period. The maximum Special Tax rates applicable to all Approved Property and Vacant Property shall not be subject to escalation. METHOD OF APPROTIONMENT OF SPECIAL TAX The Special Tax shall be levied annually on all taxable property within one of the above identified Property Categories so long as Special Tax revenues are necessary to pay authorized expenses of the Community Facilities District, which may include, without limitation, payment of debt service on any bonded indebtedness of the Community Facilities District; replenishment of any required reserve fund for any such future public improvements, services or debt service; direct payment for public improvements; or payment of the operational and maintenance expenses of providing fire suppression and protection services to properties within the Community Facilities District. The annual levy of the Special Taxes shall be apportioned as follows: STEP 1: Fifty percent (50%) of the estimated ad valorem property tax revenue to be collected from properties within the Community Facilities District in the subject fiscal year which are allocable to the Foothill Fire Protection District shall be allocated to pay the estimated expenses of the Community Facilities District for the subject fiscal year. The remainder of the estimated expenses shall be referred to as the Net CFD Expenses. STEP 2: That equal percentage of the maximum authorized Special Tax rate applicable to all Developed Property Taxing Classifications necessary to generate Special Tax revenues equal to the Net CFD Expenses shall be levied on all Developed Property. STEP 3: If additional Special Tax revenues are still necessary to generate the Net CFD Expenses, that percentage of the maximum authorized Special Tax rate applicable to all Approved Property necessary to generate the additional Special Tax revenues to equal Net CFD Expenses shall be levied on Approved Property. Page 542 Resolution No. FD 2024-XXX Page 10 of 11 STEP 4: If additional Special Tax revenues are still necessary to generate the Net CFD Expenses, that percentage of all the maximum authorized Special Tax rate applicable to all Vacant Property necessary to generate the additional Special Tax revenues to equal Net CFD Expenses shall be levied on all Vacant Property. STEP 5: If additional Special Tax revenues are still necessary to generate the Net CFD Expenses, the Community Facilities District shall: A. Compare (i) the Special Tax rate which would be levied on each Developed Property pursuant to STEP 2 above with (ii) the product resulting from multiplying the square footage of the Developed Property times the Base Maximum Special Tax. The Base Maximum Special Tax means an amount equal to $0.0025 per square foot subject to escalation at the same rate and at the same time applicable to the maximum Special Tax rates for Developer Property. B. If the product described in (ii) above exceeds the Special Tax rate described in (i) above for any Developed Property, the Community Facilities District shall increase the Special Tax rate levied on each such Developed Property in equal percentages up to the rate not to exceed the product described in (ii) above necessary to generate the additional Special Tax revenues to equal Net CFD Expenses. Notwithstanding the foregoing, the minimum Special Tax which shall be levied on all taxable properties within the Community Facilities District each Fiscal Year shall be: DEVELOPED PROPERTY: $1.00 per dwelling unit for residential uses $1.00 per acre for commercial/industrial uses APPROVED PROPERTY: $1.00 per lot or parcel VACANT PROPERTY: $1.00 per acre The ad valorem property tax contribution identified in Step 1 shall be reduced in any Fiscal Year by the amount by which the sum of such contribution and the minimum Special Taxes would exceed the estimated expenses of the Community Facilities District for such Fiscal Year * * * The “Report” of the Special Tax Consultant, to be approved as a part of the record upon the conclusion of the public hearing pertaining to the formation of the Community Facilities District, shall set forth supplementary details pertaining to the Rate and Method of Apportionment of the Special Tax and shall provide controlling guidance in the interpretation and implementation of this Rate and Method of Apportionment.” Page 543 Resolution No. FD 2024-XXX Page 11 of 11 * * * Application of the CFD No. 88-1 Rate and Method to Annexation No. 88-24-1 The maximum special tax authorized to be levied for Fiscal Year 2023/24 within that area annexed to Community Facilities District No. 88-1, known and designated as Annexation No. 88-24-1 is as follows: MAXIMUM SPECIAL TAX RATES FISCAL YEAR 2023/24 TAXING CLASSIFICATION MAXIMUM TAX RATE 1. DEVELOPED PROPERTY A. Residential Class I (More than 3,590 square feet of dwelling unit living area) $1,761.92 per year B. Residential Class II (3,077 – 3,589 square feet of dwelling unit living area) $1,351.03 per year C. Residential Class III (2,564 – 3,076 square feet of dwelling unit living area) $1,078.14 per year D. Residential Class IV (2,308 – 2,563 square feet of dwelling unit living area) $944.98 per year E. Residential Class V (2,051 – 2,307 square feet of dwelling unit living area) $808.67 per year F. Residential Class VI (1,795 – 2,050 square feet of dwelling unit living area) $746.92 per year G. Residential Class VII (less – 1,795 square feet of dwelling unit living area) $674.49 per year H. Commercial or Industrial Property $2,711.83 per acre per year or $0.21922 per square foot or building, whichever is greater 2. APPROVED PROPERTY $200 per lot or parcel 3. VACANT PROPERTY $10 per acre The maximum special tax rates set forth above are subject to escalation pursuant to the CFD No. 88-1 Rate and Method commencing July 1, 1989. Page 544 NOTICE OF PUBLIC HEARING ANNEXATION TO EXISTING COMMUNITY FACILITIES DISTRICT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 88-1 ANNEXATION NO. 88-24-1 NOTICE IS HEREBY GIVEN that the Board Of Directors (the "Legislative Body") of the Rancho Cucamonga Fire Protection District (the "Fire Protection District") is desirous to annex territory to an existing Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982, the existing Community Facilities District having been designated as Community Facilities District No. 88-1, and the territory proposed to be annexed to be designated as Community Facilities District No. 88-1, Annexation No. 88-24-1 (the "Annexation Area"). DESCRIPTION OF ANNEXATION AREA The Annexation Area shall consist of all of that area of land which is included within the boundaries as shown on a map designated as Annexation No. 88-24-1 for the above referenced Community Facilities District. DESCRIPTION OF SERVICES AND FACILITIES The proposed services to be provided to serve the Annexation Area are generally described as follows: The performance of functions, operations and maintenance and repair activities in order to provide fire protection and suppression services. Such services shall be shared between the existing Community Facilities District and the Annexation Area. A general description of the types of the Facilities to be financed by the Annexation is as follows: Fire protection and suppression facilities and equipment, rescue equipment, with a useful life of five (5) years or more, including collection and accumulation of funds to pay for anticipated facilities cost shortfalls and reserves for repair and replacement to the extent that such facilities are necessary to meet the increased demand for such facilities resulting from new development within the Territory. PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING HAS BEEN SCHEDULED FOR THE 17TH DAY OF JULY 2024, AT THE HOUR OF 7 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS OF THE CITY OF RANCHO CUCAMONGA, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA 91730. AT SUCH TIME THE LEGISLATIVE BODY WILL HEAR ALL EVIDENCE AND TESTIMONY BY ALL INTERESTED PERSONS, PROPERTY OWNERS, VOTERS AND TAXPAYERS, RELATING GENERALLY TO THE FOLLOWING: A. Authorization to annex the Annexation Area to the existing Community Facilities District; B. Authorization to levy special taxes in the Annexation Area. Page 545 ALL PERSONS INTERESTED, INCLUDING PROPERTY OWNERS AND REGISTERED VOTERS, MAY APPEAR AND PRESENT EVIDENCE AND TESTIMONY RELATING TO THE ANNEXATION OF ANNEXATION AREA TO THE EXISTING COMMUNITY FACILITIES DISTRICT. ANY PROTEST PERTAINING TO THE REGULARITY OF THE PROCEEDINGS TO ANNEX THE ANNEXATION AREA TO THE COMMUNITY FACILITIES DISTRICT MUST BE IN WRITING, AND SHALL BE FILED WITH THE SECRETARY OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AT THE ADDRESS SET FORTH ABOVE ON OR BEFORE THE TIME SET FOR THE HEARING. IF A MAJORITY PROTEST IS TIMELY FILED AGAINST THE ANNEXATION OF THE ANNEXATION AREA, THE LEGISLATIVE BODY SHALL ABANDON THE PROCEEDINGS OR MODIFY THE PROCEEDINGS. IF SAID MAJORITY PROTEST IS LIMITED TO CERTAIN SERVICES OR SPECIAL TAX, THOSE SERVICES OR THAT TAX SHALL BE ELIMINATED BY THE LEGISLATIVE BODY. SPECIAL TAX The services and facilities shall be financed through the levy of special taxes on all property within the existing Community Facilities District, as well as the Annexation Area. A copy of the rate and method of apportionment of the special tax is on file in the Office of the Fire Chief and is available for inspection during normal office hours. ELECTION Following the conclusion of the public hearing, the Board will conduct a special election on July 17, 2024, where the annexation proposition shall be submitted to the qualified electors, being the property owners, with each owner having one (1) vote per acre or portion thereof of land owned within the proposed annexed territory. INQUIRIES For any questions relating to the proceedings or any particulars, please contact the following designated person: MIKE MCCLIMAN, FIRE CHIEF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 For further particulars, reference is made to the Resolution of Intention to Annex Territory to an Existing Community Facilities District and the original Report of the Tax Consultant, as said documents have been approved and are on file with the transcript of these proceedings and open for public inspection. Publish: Date Janice C. Reynolds, Secretary Rancho Cucamonga Fire Protection District, Acting on behalf of Community Facilities District No. 88-1 Page 546 DATE:June 5, 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 Sarine K. Hazarshahian, Assistant Engineer SUBJECT:Consideration to Adopt a Resolution Allocating Road Maintenance and Rehabilitation Account (RMRA) Program Funds for Fiscal Year 2024/25. (RESOLUTION NO. 2024-036) (CITY) RECOMMENDATION: Staff recommends that the City Council adopt the resolution to allocate Road Maintenance and Rehabilitation Account (RMRA) Program funds for Fiscal Year 2024/25 for the completion of the projects listed in the Fiscal Year 2024/25 Major Projects Program. BACKGROUND: On April 28, 2017, the Governor signed Senate Bill (SB) 1, the Road Repair and Accountability Act of 2017 creating the Road Maintenance and Rehabilitation Program (RMRP) in order to address deferred maintenance on the State highway and local street and road systems. Funds made available by the program are required to be utilized for basic road maintenance and rehabilitation projects, and on critical safety projects. Prior to receiving an apportionment of funds under the program in a fiscal year the City must submit a list of proposed projects to the California Transportation Commission (CTC), and the funding must be allocated by resolution. ANALYSIS: The guidelines and regulations for obtaining funds from the program have been previously amended by the CTC requiring local agencies to adopt their project list by resolution; submission of a project list adopted through City budget is no longer acceptable. The CTC has announced the deadline of July 1, 2024 for local agencies to submit their adopted project list by resolution for the upcoming fiscal year. On that basis, staff recommends the following projects which are planned for consideration in the Fiscal Year 2024/25 Major Projects Program for funding from the RMRA (Fund 179): 1. Hermosa Avenue Pavement Rehabilitation – Wilson Avenue to North City Limit 2. Base Line Road Pavement Rehabilitation – Day Creek Avenue to Forester Place FISCAL IMPACT: Revenue for the RMRA is currently estimated to be $4,464,843 in the Fiscal Year 2024/25 Budget. Staff will continue to monitor revenue estimates and receipts to ensure adequate funding will be available to cover budgeted project costs and will adjust the planned improvements listed above accordingly. Page 547 Page 2 2 3 4 8 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the completion of projects that continue to improve our roads which helps us maintain our success as a world class community. ATTACHMENTS: Attachment 1 - Resolution No. 2024-036 Page 548 Resolution No. 2024-XXX - Page 1 of 3 ATTACHMENT 1 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, ADOPTING THE PROJECTS FOR THE ROAD MAINTENANCE AND REHABILITATION PROGRAM FOR FISCAL YEAR 2024/25 FOR THE EXPENDITURE OF ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) FUNDS WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statues of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $4,464,843 in RMRA funding in Fiscal Year 2024/25 from SB1; and WHEREAS, this is the sixth year in which the City is receiving SB1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and WHEREAS, the City used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community's priorities for transportation investment; and WHEREAS, the funding from SB1 will help the City maintain and rehabilitate two (2) major arterial roadways in the City this year and similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City's streets and roads are in good condition and this revenue will help us increase the overall quality of our road system and over the next decade will maintain our streets and roads in a good condition; and WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. Page 549 Resolution No. 2024-XXX - Page 2 of 3 NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Rancho Cucamonga, State of California, as follows: 1.The foregoing recitals are true and correct. 2.The following list of proposed projects will be funded in-part or solely with Fiscal Year 2024/25 Road Maintenance and Rehabilitation Account revenues: Project 1: Hermosa Avenue Pavement Rehabilitation – Wilson Avenue to North City Limit (JL 2099) This project includes cold planing, localized asphalt removal and replacement, crack sealing, asphalt rubber hot mix overlay, ADA ramp upgrades, utility adjustments and thermoplastic pavement striping for approximately 0.95 mile of roadway. The estimated useful life of this roadway is 20 years and construction is anticipated to start in October 2024. Project 2: Base Line Road Pavement Rehabilitation – Day Creek Avenue to Forester Place (JL 2097): This project includes cold planing, localized asphalt removal and replacement, crack sealing, asphalt rubber hot mix overlay, ADA ramp upgrades, traffic signal video detection, thermoplastic green bike lane, utility adjustments and pavement striping for approximately 1.06 miles of roadway. The estimated useful life of this roadway is 20 years and construction is anticipated to start in October 2024. Page 550 Resolution No. 2024-XXX - Page 3 of 3 PASSED, APPROVED, and ADOPTED this 5th day of June 2024. Page 551 DATE:June 5, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer Jasmine Lopez, Assistant Engineer SUBJECT:Consideration to Order the Annexation to Landscape Maintenance District No. 7 Related to Case No. DRC2023-00001, Located at 12974 Banyan Street. This Project Has Been Determined by Staff to Be Exempt From the California Environment Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15303 – New Construction or Conversion of Small Structures. (RESOLUTION NO. 2024-037) (CITY) RECOMMENDATION: Staff recommends the City Council adopt the attached resolution ordering the annexation into Landscape Maintenance District No. 7 for Case No. DRC2023-00001. BACKGROUND: On September 19, 2023, Case No. DRC2023-00001 was approved by the Planning Director to demolish an existing single-family house with detached garage, and to construct a new 5,410 square-foot single-family house with an 806 square foot attached garage and 2,340 square-foot detached RV garage on an existing parcel located at 12974 Banyan Street, within the Very Low Residential Zone and Equestrian Overlay Zone. The project was conditioned for the property to be annexed into the appropriate Landscape Maintenance District. ANALYSIS: The owner, Jose Carcelen, has submitted the required Consent and Waiver to Annexation form to be annexed into Landscape Maintenance District No. 7. A copy of the form is on file with the City Clerk’s office. ENVIRONMENTAL ANALYSIS: Pursuant to the California Environmental Act (CEQA) and the City’s local CEQA Guidelines, the Planning and Economic Development Department staff determined that the project qualifies as a Class 3 exemption under State CEQA Guidelines Section 15303 – New Construction or Conversion of Small Structures. The exemption covers the construction of single-family residences in a residential zone. FISCAL IMPACT: The proposed annexations would supply additional annual revenue into Landscape Maintenance District No. 7 in the amount of $307.05. Further, the development will install no streetlights and no street trees that will need to be maintained by the City. Page 552 Page 2 2 3 2 3 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item addresses the City Council’s vision for the City by ensuring the maintenance of high- quality public improvements that promote a world class community. ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 - Resolution Ordering Annexation LMD No. 7 Page 553 ATTACHMENT 1 Case No. DRC2023-00001 Vicinity Map NOT TO SCALE 12974 Banyan Street Page 554 ATTACHMENT 2Resolution No. 2024-XXX – Page 1 of 5 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR DRC2023-00001 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Landscape Maintenance District No. 7 (North Etiwanda) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Page 555 Resolution No. 2024-XXX – Page 2 of 5 4 5 5 4 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c.Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this 5 day of June 2024. Page 556 Resolution No. 2024-XXX – Page 3 of 5 4 5 5 4 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: JOSE CARCELEN The legal description of the Property is: PARCEL MAP 3368 PARCEL 4 Assessor’s Parcels Numbers of the Property: 022-512-271-0000 Page 557 Resolution No. 2024-XXX – Page 4 of 5 4 5 5 4 Exhibit B Description of the District Improvements Fiscal Year 2023/24 Landscape Maintenance District No. 7 (North Etiwanda): Landscape Maintenance District No. 7 (North Etiwanda) (the “Maintenance District”) represents landscape sites throughout the Etiwanda North Area. The various sites maintained by the district consist of parkways, median islands, paseos, street trees, community trails and Etiwanda Creek Park. Proposed additions to the Improvements for Project DRC2023-00001: None. Page 558 Resolution No. 2024-XXX – Page 5 of 5 4 5 5 4 Exhibit C Proposed Annual Assessment Fiscal Year 2023/24 Landscape Maintenance District No. 7 (North Etiwanda): The rate per Equivalent Benefit Unit (EBU) is $307.05 for the fiscal year 2023/24. The following table summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda) for DRC2023-00001: Land Use Basis EBU Factor* Rate per EBU* Single Family Residential Parcel 1.00 $307.05 The proposed annual assessment for the property described in Exhibit A is as follows: 1 Parcel x 1.00 EBU Factor x $307.05 Rate per EBU = $307.05 Annual Assessment Page 559 DATE:June 5, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jason Welday, Director of Engineering Services/City Engineer Fred Lyn, Deputy Director of Engineering Services/Utilities Deborah Allen, Management Analyst I SUBJECT:Consideration to Approve the Rancho Cucamonga Municipal Utility's Wildfire Mitigation Plan. (RESOLUTION NO. 2024-043) (CITY) RECOMMENDATION: Staff recommends that the City Council approve the Rancho Cucamonga Municipal Utility's Wildfire Mitigation Plan. BACKGROUND: On September 21, 2018, then-Governor Jerry Brown signed Senate Bill (SB) 901 requiring that publicly owned utilities (POUs) prepare and present a Wildfire Mitigation Plan (WMP) to its Governing Board by January 1, 2020, and each year thereafter. On July 12, 2019, Governor Gavin Newsom signed Assembly Bill (AB) 1054 and AB 111 into law, requiring POUs including the Rancho Cucamonga Municipal Utility (RCMU) to submit their WMP to a newly formed California Wildfire Safety Advisory Board (WSAB). The WSAB will review the POU's WMP and produce advisory opinions on their content and sufficiency, as well as provide recommendations on mitigating wildfire risk. As specified in Public Utilities Code § 8387(b)(1), each POU is required to present its WMP at a publicly noticed meeting and accept comments from the public on an annual basis. Each POU must then submit its WMP to the WSAB by July 1 of each year. Additionally, each POU is required to prepare a comprehensive revision of its WMP at least once every three (3) years. On December 18, 2019, the Rancho Cucamonga City Council approved RCMU’s first 2020 WMP, and the approved WMP was filed and submitted to the WSAB on March 18, 2020. The City Council approved RCMU’s 2021 WMP update on June 2, 2021, and the approved WMP was filed and submitted to the WSAB on June 17, 2021. On June 15, 2022, the City Council approved RCMU’s 2022 WMP update, and the approved WMP was filed and submitted to the WSAB on June 21, 2022. For 2023, the City Council approved RCMU’s 2023 WMP comprehensive update and Independent Evaluation (IE) on June 7, 2023, and the approved WMP was filed and submitted to the WSAB on June 21, 2023. Lastly, on September 19, 2018, the Rancho Cucamonga City Council approved Resolution 18- 103, in compliance with SB 1028 (2016), which determined that RCMU's service area was not located in an area that is considered an elevated or extreme risk of wildfires and that RCMU has zero (0) percent electric lines located overhead. Page 560 Page 2 2 3 6 0 ANALYSIS: The primary goal of RCMU's Wildfire Mitigation Plan (WMP) is to describe RCMU’s existing programs, practices, and measures that effectively reduce the probability that RCMU’s electric supply system could be the origin or contributing source for the ignition of a wildfire. RCMU's WMP indicates its service area is considered "low risk" because it has 100% underground electric lines so the design, maintenance, and inspection meet all utility regulatory standards. Secondly, RCMU lines are located almost two (2) miles away from the nearest High and Very High Fire Severity Zones on the California Public Utilities Commission's Fire Threat Map. The 2024 WMP includes minor revisions. This includes updating the WMP with the most recent maps. A section titled, “Effectiveness of the WMP” was added along with various formatting adjustments. RCMU currently tracks metrics to measure the outcome and performance of the WMP including the number of fire ignitions and routine inspections for above-ground, utility- owned distribution systems components. RCMU also attends the Wildfire Safety Advisory Task Force meetings to be apprised of recommended updates and additional requirements. On November 15, 2023, the WSAB provided RCMU and other POUs its Advisory Opinion for the 2024 Wildfire Mitigation Plans of Electric Publicly Owned Utilities and Rural Electric Cooperatives Guidance Advisory Opinion which summarized the actions since the inception of the WMP requirement. It also detailed steps the WSAB is taking towards developing a more collaborative approach with WMPs to improve POU reporting on its wildfire prevention efforts and WSAB’s ability to comprehend and advise on those reports. This includes joint workshops and meetings, enhancing the requirements for Independent Evaluations, and requesting more interaction with POUs. In May 2024, WSAB issued the Wildfire Safety Advisory Board-Publicly Owned Electric Utilities and Rural Electric Cooperatives Wildfire Mitigation Plan Working Group. It recommends that POUs without overhead facilities in the California Public Utilities Commission’s (CPUC) High Fire Threat District Map (HFTD) Tier 2 (elevated) or Tier 3 (extreme) areas may use an alternative WMP process. Specifically, if a POU in this category does not anticipate any changes to wildfire risks and has no updates to its most recent WMP, the POU can submit a supplemental letter describing its unchanged status and existing WMP. The POU would still present its existing WMP to its governing board at a publicly noticed meeting, in compliance with Public Utilities Code § 8387(b)(1). This option allows a low-risk POU to submit a supplemental letter describing the unchanged status and alleviates the need for an updated WMP and IE each year. RCMU does not have any overhead electric supply facilities located in or near an area of the state that is designed as “extreme” or “elevated” wildfire risk in the CPUC’s HFTD map. RCMU has determined that its WMP adequately addresses the risk of a utility-caused, catastrophic wildfire occurring in RCMU’s service territory and that no substantive changes are merited for this reporting year. Therefore, RCMU will exercise the option to submit the supplemental letter and existing WMP beginning next year and continue to evaluate its WMP in relation to the wildfire risk posed by RCMU’s system on a regular basis. This information has been encompassed in the attached Resolution for low-risk entities. FISCAL IMPACT: There is no fiscal impact for the approval of the RCMU Wildfire Mitigation Plan 2024 update. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: This item supports the City Council’s Core Values by promoting and enhancing a safe and healthy Page 561 Page 3 2 3 6 0 community for all by developing and updating a comprehensive Wildfire Mitigation Plan for its Municipal Utility to meet the community’s needs. ATTACHMENTS: Attachment 1 - Wildfire Mitigation Plan Attachment 2 - Resolution No. 2024-043 Page 562 Rancho Cucamonga Municipal Utility WILDFIRE MITIGATION PLAN Risk Category: Low | VERSION 1.2 ATTACHMENT 1 Page 563 2 TABLE OF CONTENTS I.UTILITY OVERVIEW AND CONTEXT ............................................................................................... 4 A. UTILITY DESCRIPTION AND CONTEXT SETTING TABLE ......................................................... 4 B. STATUTORY CROSS-REFERENCE TABLE .................................................................................. 6 C. PROCESS FOR UTILITY ADOPTION AND SUBMITTAL OF WMP & OPPORTUNITIES FOR PUBLIC COMMENT ................................................................................................................ 8 D. DESCRIPTION OF WHERE WMP INFO CAN BE FOUND ON UTILITY WEBSITE .................. 8 E. PURPOSE OF THE WILDFIRE MITIGATION PLAN ................................................................... 8 F. ORGANIZATION OF THE WILDFIRE MITIGATION PLAN ......................................................... 9 II.OBJECTIVES OF THE WILDFIRE MITIGATION PLAN ................................................................... 9 A. MINIMIZING SOURCES OF IGNITION ........................................................................................ 9 B. RESILIENCY OF THE ELECTRIC GRID ..................................................................................... 10 C. MINIMIZING UNNECESSARY OR INEFFECTIVE ACTIONS ................................................... 10 III.ROLES AND RESPONSIBILITIES ....................................................................................................... 10 A. RCMU ROLES AND RESPONSIBILITIES- UTILITY GOVERNANCE STRUCTURE ................. 10 B. COORDINATION WITH WATER UTILITIES ................................................................................. 11 C.COORDINATION WITH COMMUNICATION INFRASTRUCTURE PROVIDERS ...................... 11 D. STANDARDIZED EMERGENCY MANAGEMENT SYSTEM ....................................................... 12 IV.WILDFIRE RISKS AND DRIVERS ASSOCIATED WITH DESIGN CONSTRUCTION OPERATION AND MAINTENANCE ..................................................................................................... 13 A. PARTICULAR RISKS AND RISK DRIVERS ASSOCIATED WITH TOPOGRAPHIC AND CLIMATOLOGICAL RISK FACTORS ................................................................................................. 13 B. ENTERPRISE SAFETY RISKS ....................................................................................................... 13 C. CHANGES TO THE CPUC FIRE THREAT MAP......................................................................... 14 V.WILDFIRE PREVENTATIVE STRATEGIES ....................................................................................... 15 A. HIGH FIRE THREAT DISTRICT ..................................................................................................... 15 B.WEATHER MONITORING ............................................................................................................ 16 C. DESIGN AND CONSTRUCTION STANDARDS ........................................................................... 16 D. VEGETATION MANAGEMENT ................................................................................................... 18 E. INSPECTIONS ................................................................................................................................. 18 F. RECLOSER POLICY ..................................................................................................................... 18 G. DEENERGIZATION .......................................................................................................................... 18 VI. COMMUNITY OUTREACH AND PUBLIC AWARENESS ................................................................. 18 VII.RESTORATION OF SERVICE ............................................................................................................ 19 VIII.EVALUATING THE PLAN ................................................................................................................. 20 A. METRICS AND ASSUMPTIONS FOR MEASURING PLAN PERFORMANCE........................ 20 Page 564 3 B. IMPACT OF METRICS ON PLAN ................................................................................................ 20 C.MONITORING AND AUDITING OF THE PLAN .......................................................................... 21 D. IDENTIFYING AND CORRECTING DEFICIENCIES IN THE PLAN MONITORING .............. 21 E. MONITORING THE EFFECTIVENESS OF INSPECTIONS ........................................................ 21 IX. INDEPENDENT AUDITOR .............................................................................................................. 21 X. WSAB GUIDANCE ADVISORY OPINION RECOMMENDATIONS (2023 UPDATE) .................. 21 Page 565 4 I.UTILITY OVERVIEW AND CONTEXT A.UTILITY DESCRIPTION AND CONTEXT SETTING TABLE Utility Name City of Rancho Cucamonga Service Territory Size 4 square miles Owned Assets 38 circuit miles of Underground Electric Distribution 42 miles of Underground Fiber Optics Number of Customers Served 3,169 electric customer accounts Population Within Service Territory 6800 people (est.) Customer Class Makeup Number of Accounts Share of Total Load (MWh) 61% Residential 38% Small/Medium Business 1% Commercial/Industrial 6% Residential 59% Small/Medium Business 35% Commercial/Industrial Service Territory Location/Topography1 99% Urban 1% Shrub Service Territory Wildland Urban Interface2 (Based on total area) 0% Wildland Urban Interface 0% Wildland Urban Intermix Percent of Service Territory in CPUC High Fire Threat Districts (Based on total area) [X]Includes maps Tier 2: 0% Tier 3: 0% Prevailing Wind Directions & Speeds by Season The Santa Ana winds typically peaks in October and concludes in the Spring. Wind speed varies, but the wind directions are typically aligned in a northeast to southwest direction. Miles of Owned Lines Underground and/or Overhead Overhead Dist.: 0 miles Overhead Trans.: 0 miles Underground Dist.: 38 miles Underground Trans.: 0 miles Explanatory Note 1 - Methodology for measuring miles is based on RCMU’s final as-built distribution circuit maps. Percent of Owned Lines in CPUC High Fire Threat Districts Overhead Distribution Lines as % of Total Distribution System (Inside and Outside Service Territory) Tier 2: 0% Tier 3: 0% Explanatory Note 1 – RCMU does not own any overhead lines inside or outside its service territory. 1 This data shall be based on the California Department of Forestry and Fire Protection, California Multi-Source Vegetation Layer Map, depicting WHR13 Types (Wildlife Habitat Relationship classes grouped into 13 major land cover types) available at: https://www.arcgis.com/home/item.html?id=b7ec5d68d8114b1fb2bfbf4665989eb3. 2 This data shall be based on the definitions and maps maintained by the United States Department of Agriculture, as most recently assembled in the 2020 Wildland-Urban Interface of the Conterminous United States, available at https://data-usfs.hub.arcgis.com/documents/usfs::wildland-urban-interface-2020-map-service/explore Page 566 5 Customers have ever lost service due to an IOU PSPS event? ☐ Yes [X] No If yes, then provide the following data for calendar year [____]: Number of shut-off events: [____] Customer Accounts that lost service for >10 minutes: [____] For prior response, average duration before service restored: [____] Customers have ever been notified of a potential loss of service to due to a forecasted IOU PSPS event? ☐ Yes [X] No Has developed protocols to pre- emptively shut off electricity in response to elevated wildfire risks? ☐ Yes [X] No Has previously pre- emptively shut off electricity in response to elevated wildfire risk? ☐ Yes [X] No If yes, then provide the following data for calendar year 2022: Number of shut-off events: 0 Customer Accounts that lost service for >10 minutes: 0 For prior response, average duration before service restored: N/A Page 567 6 Map 1: RCMU Service Territory – Updated B. STATUTORY CROSS-REFERENCE TABLE Table 1: Cross References to Statutory Requirements Requirement Statutory Language Location in WMP Persons Responsible PUC § 8387(b)(2)(A): An accounting of the responsibilities of persons responsible for executing the plan. Section III.A Objectives of the Plan PUC § 8387(b)(2)(B): The objectives of the wildfire mitigation plan. Section II Preventive Strategies PUC § 8387(b)(2)(C): A description of the preventive strategies and programs to be adopted by the local publicly owned electric utility or electrical cooperative to minimize the risk of its electrical lines and equipment causing catastrophic wildfires, including consideration of dynamic climate change risks. Section III.A Evaluation Metrics PUC § 8387(b)(2)(D): A description of the metrics the local publicly owned electric utility or electrical cooperative plans to use to evaluate the wildfire mitigation plan’s performance and the assumptions that underlie the use of those metrics. Section VIII.A Impact of Metrics PUC § 8387(b)(2)(E): A discussion of how the application of previously identified metrics to previous wildfire mitigation plan performances has informed the wildfire mitigation plan. Section II.C Section VIII.B Section X Page 568 7 De- energization Protocols PUC § 8387(b)(2)(F): Protocols for disabling reclosers and deenergizing portions of the electrical distribution system that consider the associated impacts on public safety, as well as protocols related to mitigating the public safety impacts of those protocols, including impacts on critical first responders and on health and communication infrastructure. Section V.F Customer Notification Procedures PUC § 8387(b)(2)(G): Appropriate and feasible procedures for notifying a customer who may be impacted by the deenergizing of electrical lines. The procedures shall consider the need to notify, as a priority, critical first responders, health care facilities, and operators of telecommunications infrastructure. Section VI Vegetation Management PUC § 8387(b)(2)(H): Plans for vegetation management. Section V.D Inspections PUC § 8387(b)(2)(I): Plans for inspections of the local publicly owned electric utility’s or electrical cooperative’s electrical infrastructure. Section V.E Section VIII.A Section VIII.B Prioritization of Wildfire Risks PUC § 8387(b)(2)(J): A list that identifies, describes, and prioritizes all wildfire risks, and drivers for those risks, throughout the local publicly owned electric utility’s or electrical cooperative’s service territory. The list shall include, but not be limited to, both of the following: (i) Risks and risk drivers associated with design, construction, operation, and maintenance of the local publicly owned electric utility’s or electrical cooperative’s equipment and facilities. (ii) Particular risks and risk drivers associated with topographic and climatological risk factors throughout the different parts of the local publicly owned electric utility’s or electrical cooperative’s service territory. Section I V.A Section V.C CPUC Fire Threat Map Adjustments PUC § 8387(b)(2)(K): Identification of any geographic area in the local publicly owned electric utility’s or electrical cooperative’s service territory that is a higher wildfire threat than is identified in a commission fire threat map, and identification of where the commission should expand a high fire threat district based on new information or changes to the environment. Section V.A Enterprise wide Risks PUC § 8387(b)(2)(L): A methodology for identifying and presenting enterprise wide safety risk and wildfire- related risk. Section IV.B Restoration of Service PUC § 8387(b)(2)(M): A statement of how the local publicly owned electric utility or electrical cooperative will restore service after a wildfire. Section VII Monitor and Audit PUC § 8387(b)(2)(N): A description of the processes and procedures the local publicly owned electric utility or electrical cooperative shall use to do all of the following: Section VIII.C Page 569 8 (i) Monitor and audit the implementation of the wildfire mitigation plan. (ii) Identify any deficiencies in the wildfire mitigation plan or in its implementation and correct those deficiencies. (iii) Monitor and audit the effectiveness of electrical line and equipment inspections, including inspections performed by contractors, that are carried out under the plan, other applicable statutes, or commission rules. Qualified Independent Evaluator PUC § 8387(c): The local publicly owned electric utility or electrical cooperative shall contract with a qualified independent evaluator with experience in assessing the safe operation of electrical infrastructure to review and assess the comprehensiveness of its wildfire mitigation plan. The independent evaluator shall issue a report that shall be made available on the Internet Web site of the local publicly owned electric utility or electrical cooperative, and shall present the report at a public meeting of the local publicly owned electric utility’s or electrical cooperative’s governing board. Section IX C. PROCESS FOR UTILITY ADOPTION AND SUBMITTAL OF WMP & OPPORTUNITIES FOR PUBLIC COMMENT The Rancho Cucamonga Municipal Utility (RCMU), a Publicly Owned Utility (POU), prepares the Wildfire Mitigation Plan (WMP). It is then placed on the City of Rancho Cucamonga Council agenda. This agenda is posted three days before the meeting, so members of the public are aware that the WMP is being recommended by staff to be approved. It is typically placed on the Consent Calendar and can be pulled for discussion by any of the Council members or requested for discussion by members of the public. D. DESCRIPTION OF WHERE WMP INFO CAN BE FOUND ON UTILITY WEBSITE The WMP, updates, and any associated approvals will be made available for public review on the City Council’s agenda located on the City’s website, as well as the City’s Council agenda posting located for viewing at Rancho Cucamonga City Hall. RCMU’s most recent Independent Evaluation (IE) Report and existing WMPs and updates are included on RCMU’s website located at https://www.cityofrc.us/rcmu. No discussion has occurred on whether any enhancements to future IE reports will be needed. E. PURPOSE OF THE WILDFIRE MITIGATION PLAN RCMU’s entire electric supply system is located underground in conduit and vaults. Historically, undergrounded electric lines have not been associated with catastrophic wildfires. The undergrounding of electric lines serves as an effective mitigation measure to reduce the potential of power-line ignited wildfires. Based on a review of local conditions and historical fires, RCMU has determined that its electrical lines and equipment do not pose a significant risk of catastrophic wildfire. Page 570 9 Despite this low risk, RCMU has taken appropriate actions to help its region prevent and respond to the increasing risk of devastating wildfires. In its role as a public agency, the Rancho Cucamonga Fire Protection District (Fire District) closely coordinates with other local safety and emergency officials to help protect against fires and respond to emergencies. In its role as a utility, RCMU follows all applicable design, construction, operation, and maintenance requirements that reduce safety risks associated with its electric system. This Wildfire Mitigation Plan describes the safety-related measures that RCMU follows to reduce its risk of causing wildfires. F. ORGANIZATION OF THE WILDFIRE MITIGATION PLAN This Wildfire Mitigation Plan included the following elements: • Utility Overview and Context; • Objectives of the Plan; • Roles and responsibilities for carrying out the Plan; • Identification of key wildfire risks and risk drivers; • Description of Wildfire Mitigation Strategies; • Metrics for measuring the performance of the plan and identifying areas for improvement; • Historical results for metrics; • Description of community outreach and education II. OBJECTIVES OF THE WILDFIRE MITIGATION PLAN A primary goal of this Wildfire Mitigation Plan is to describe RCMU’s existing programs, practices, and measures that effectively reduce the probability that RCMU’s electric supply system could be the origin or contributing source for the ignition of a wildfire. To support this goal, RCMU regularly evaluates the prudent and cost-effective improvements to its physical assets, operations, and training that can help reduce the risk of equipment-related fires. The secondary goal of this Wildfire Mitigation Plan is to improve the resiliency of the electric grid. As part of the development of this plan, RCMU assesses new industry practices and technologies that will reduce the likelihood of an interruption (frequency) in service and improve the restoration (duration) of service. A. MINIMIZING SOURCES OF IGNITION Another primary goal of this Wildfire Mitigation Plan is to minimize the probability that RCMU’s transmission and distribution system may be an original or contributing source for the ignition of a wildfire. RCMU has evaluated the prudent and cost-effective improvements to its physical assets, operations, and training that can help to meet this objective. RCMU had previously implemented those changes consistent with this evaluation as follows: • RCMU’s entire electric supply system is located underground in conduit and vaults. Historically, undergrounded electric lines have not been associated with catastrophic wildfires. The undergrounding of electric lines serves as an effective mitigation measure to reduce the potential of power-line ignited wildfires. Based on a review of local conditions and historical fires, RCMU has determined that its electrical lines and equipment do not pose a significant risk of catastrophic wildfire. Page 571 10 • RCMU monitors wildfires in RCMU Service Area • RCMU monitors wildfires in City boundaries NOT in RCMU Service Area that are within a 10-acre area • RCMU monitors wildfires in City boundaries NOT in RCMU Service Area that are beyond the 10-acre area B. RESILIENCY OF THE ELECTRIC GRID The secondary goal of this Wildfire Mitigation Plan is to improve the resiliency of the electric grid. As part of the development of this plan, RCMU assesses new industry practices and technologies that will reduce the likelihood of a disruption in service and improve the restoration of service. RCMU implemented changes consistent with this evaluation and adjusted our 2023 WMP and added the following performance metrics “Number of Inspections for Distribution Step-Down Transformers” and “Number of Inspections Completed for Distribution Lines”. C. MINIMIZING UNNECESSARY OR INEFFECTIVE ACTIONS The final goal of this Wildfire Mitigation Plan is to measure the effectiveness of specific wildfire mitigation strategies. Where a particular action, program, or protocol is determined to be unnecessary or ineffective, RCMU will assess whether a modification or replacement is merited. This plan will also help determine if more cost-effective measures would produce the same or better results. RCMU implemented those changes consistent with this evaluation and adjusted our 2023 WMP by deleting the metric “Wires Down” as RCMU’s entire electric supply is located underground in conduit and vaults. D. EFFECTIVENESS OF WMP This WMP provides methodologies to measure the effectiveness of specific wildfire mitigation strategies and how those strategies measurably reduce the risk of catastrophic wildfire. Where a particular action, program component or protocol is determined to be unnecessary or ineffective, RCMU will assess whether a modification or replacement is merited. This plan will also help determine if more cost-effective measures would produce the same or improved results. III. ROLES AND RESPONSIBILITIES A. RCMU ROLES AND RESPONSIBILITIES- UTILITY GOVERNANCE STRUCTURE City Manager Rancho Cucamonga City C il Page 572 11 RCMU’s staff and contractor’s roles and responsibilities for (1) electric facility design, maintenance, and inspection. • Operate the system in a manner that will minimize potential wildfire risks. • Take all reasonable and practicable actions to minimize the risk of a catastrophic wildfire caused by RCMU’s electric facilities. • Coordinate with federal, state, and local fire management personnel as necessary or appropriate to implement RCMU’s Wildfire Mitigation Plan. • Immediately report fires, pursuant to existing RCMU practices and the requirements of this Wildfire Mitigation Plan. • Take corrective action when the staff witnesses or is notified that fire protection measures have not been properly installed or maintained. Comply with relevant federal, state, and industry-standard requirements, including the industry standards established by the California Public Utilities Commission. B. COORDINATION WITH WATER UTILITIES RCMU does not serve sites that power any water utilities, water conveyance, or critical water facilities. C. COORDINATION WITH COMMUNICATION INFRASTRUCTURE PROVIDERS For the City and the Fire District, relevant lines of communication during emergencies include landline, cell phone, text messaging, and radio. During emergency scenes: same as above, plus radio communication via the 800 and VHF radios. In addition, during emergencies, we can activate our Auxiliary Communications Service (ham radio) team to assist with first responders and the EOC during a wildfire incident. Regarding the utility’s staff roles regarding fire prevention, response, and investigation, other than providing an agency representative during an emergency involving RCMU facilities there are no other roles needed since RCMU’s service area is outside of the wildfire threat area. RCMU’s relationship with its investor-owned utility, Southern California Edison Company (SCE) during its Public Safety Power Shutoff (PSPS) events is only at the Transmission and Sub- Transmission levels. It is important to note that SCE provides electricity to almost 85% of the City. For those residents, the City receives advanced email notifications that SCE will be exploring a possible PSPS event or has begun PSPS events at the Distribution circuit level. Any SCE PSPS outages occurring at the Distribution level will still affect a large majority of City residents and businesses served by SCE, but not RCMU powered customers or businesses. RCMU’s customers will only be impacted by the PSPS events ordered by SCE, if the SCE Transmission and Sub-Transmission level lines are ordered to be de-energized. To date, SCE has informed RCMU that it does not intend to de-energize any of its Transmission and Sub- Transmission circuits, therefore, RCMU has not implemented a mitigation strategy for SCE’s PSPS, nor have we deenergized our own lines when a wildfire threat is looming. RCMU also does not have a distribution level generator allowing the utility to withstand an SCE Transmission and Sub- Transmission PSPS event should that ever occur. In 2023, Rancho Cucamonga did not experience any wildfires, however, there was one (1) Red Flag warning event issued for the San Bernardino County area. In March 2022, the Rancho Cucamonga Fire District and RCMU partnered with a company called Lindsey FireSense to pilot three (3) fire monitoring sensor cameras attached to RCMU’s street light poles along the City’s foothill area which includes the Tier 2 and 3 fire threat zones. Based on this pilot, RCMU and Page 573 12 the Fire District are expanding this project to capture additional significant data for future performance metrics and improve situational awareness for fire response. D. STANDARDIZED EMERGENCY MANAGEMENT SYSTEM As a local governmental agency,3 the City of Rancho Cucamonga has planning, communication, and coordination obligations pursuant to the California Office of Emergency Services’ Standardized Emergency Management System (“SEMS”) Regulations,4 adopted in accordance with Government Code section 8607. The SEMS Regulations specify roles, responsibilities, and structures of communications at five distinct levels: field response, local government, operational area, regional, and state.5 Pursuant to this structure, the City of Rancho Cucamonga coordinates and communicates with the relevant safety agencies as well as other relevant local and state agencies. During emergencies, RCMU has a key role in ensuring utility operations at the field, local government, and operational area levels. Under the SEMS structure, a significant amount of preparation is done through advanced planning at the local level, including the coordination of efforts of public, private, and nonprofit organizations. San Bernardino serves as the Operational Area and is guided by the San Bernardino County Operational Area Coordinating Council which is made up of representatives of all 24 Cities and Towns. The Operational Area includes local and regional organizations that bring relevant expertise to the wildfire prevention and recovery planning process. These participants include local school districts, utilities, first responder agencies, non-profits (such as the United Way and the American Red Cross), all regional Hospitals, special districts, communications providers, and other similar organizations. Pursuant to the SEMS structure, the City of Rancho Cucamonga also participates in emergency training exercises where the Fire District hosts a tabletop exercise with all City Department Directors including RCMU on a wildfire drill in our wildland-urban interface fire area. At a minimum, exercises will be provided by either the Rancho Cucamonga Fire Protection District or by invitation from another supporting agency such as the County Operational Area. RCMU is a member of the California Utility Emergency Association, which is a State agency that plays a key role in ensuring communication and mutual aid between utilities during emergencies. 3 As defined in Cal. Gov. Code § 8680.2. 4 19 CCR § 2407. 5 Cal. Gov. Code § 2403(b): (1) “Field response level” commands emergency response personnel and resources to carry out tactical decisions and activities in direct response to an incident or threat. (2) “Local government level” manages and coordinates the overall emergency response and recovery activities within their jurisdiction. (3) “Operational area level” manages and/or coordinates information, resources, and priorities among local governments within the operational area and serves as the coordination and communication link between the local government level and the regional level. (4) “Regional level” manages and coordinates information and resources among operational areas within the mutual aid region designated pursuant to Government Code §8600 and between the operational areas and the state level. This level along with the state level coordinates overall state agency support for emergency response activities. (5) “State level” manages state resources in response to the emergency needs of the other levels, manages and coordinates mutual aid among the mutual aid regions and between the regional level and state level, and serves as the coordination and communication link with the federal disaster response system. Page 574 13 IV. WILDFIRE RISKS AND DRIVERS ASSOCIATED WITH DESIGN CONSTRUCTION OPERATION AND MAINTENANCE A. PARTICULAR RISKS AND RISK DRIVERS ASSOCIATED WITH TOPOGRAPHIC AND CLIMATOLOGICAL RISK FACTORS Within RCMU’s service territory and the surrounding areas, the primary risk drivers for wildfire are the following: • High Temperature • Low Humidity • Hillside Terrain • Fire Weather Conditions • Prolonged Drought • Climate Change • Fire History B. ENTERPRISE SAFETY RISKS Fire risks due to topographical and climatological factors are determined to be “Low” [Tier 1 (i.e. low risk)] within RCMU’s service area. The description of tiered fire threat zones is shown in Table 2 below. Table 2: Description of Tiered Fire Threat Zones Zone Category Description Tier 3 Extreme Wildland areas where exposure to overhead power lines, the availability of water resources, and emergency responder circulation routes affect response times to combat wildland fires. Tier 2 Elevated Elevated risk due to vegetation, high voltage regional transmission lines crossing the area, and adjacency to Tier 3 fire threat zones. Tier 1 Low Well developed areas, typically with underground high voltage circuitry. On September 19, 2018, the Rancho Cucamonga City Council adopted Resolution No. 18-103 which made a determination that RCMU's current service area is not located in an area that is considered an elevated or extreme risk of electric line wildfires; has 0 percent overhead electric lines and equipment and does not pose a significant risk of causing wildfires. RCMU continues to be actively involved in the California Municipal Utilities Association’s (CMUA’s) Wildfire Preparedness and Response Working Group to help identify any Page 575 14 unidentified risks. In May 2022, the Working Group focused on risk drivers for powerline caused catastrophic wildfires and innovative mitigation options. CMUA invited a broad range of utility staff, state agency staff including the Wildfire Safety Advisory Board (WSAB), industry experts, and academics to participate in this discussion. The Working Group will continue to discuss unidentified wildfire risk drivers and mitigation measures that could address these risks. Based on the input provided during this meeting, CMUA will produce a publicly available, post- meeting report that summarizes the group’s conclusions and recommendations. RCMU’s staff participated in CMUA’s meeting and discussed any changes that RCMU has made to its operations in response to the conclusions and recommendations of the Working Group in a future WMP. In a continuous effort to review and improve on any wildfire risks in March 2022, the Fire District and RCMU partnered with a company called Lindsey FireSense for fire monitoring sensor cameras attached to RCMU’s street light poles along the City’s foothill area which includes the Tier 2 and 3 fire threat zones. The Rancho Cucamonga Fire District is expanding this program as funding for this project was approved in October 2022 and received in April 2023. This includes the installation of a 30-camera unit, an early wildfire detection system along the City’s northern boundary. The system will provide rapid detection, reporting, and response to wildfires. As the RCMU territory continues to grow, we may need to expand our metrics based on this monitoring system. C. CHANGES TO THE CPUC FIRE THREAT MAP There were no changes to the CPUC Fire Threat Map during this period. V. WILDFIRE PREVENTATIVE STRATEGIES A. HIGH FIRE THREAT DISTRICT RCMU, as a member of the California Municipal Utilities Association participated in the development of the CPUC’s Fire-Threat Map,6 which designates a High-Fire Threat District. In the CPUC Fire-Threat map development process, RCMU coordinated with SCE and determined that because RCMU’s system is entirely undergrounded, that SCE would serve as territory lead for the region served by RCMU. RCMU has incorporated the High Fire Threat District into its construction, inspection, maintenance, repair, and clearance practices, where applicable. ____________________________ 6 Adopted by CPUC Decision 17-12-024. Page 576 15 Map 2: High Fire Threat District Map Additionally, the Rancho Cucamonga City Council, acting as the Board of Directors of the Fire District also adopted a Wildland Urban Interface Fire Area Map for the City (see the map below), referring to the zone where undeveloped, wildland vegetation transitions to developed land such as residential neighborhoods which are at risk of wildfires. Page 577 16 Rancho Cucamonga Fire District’s Wildland Urban Interface Map 3: Fire Area Map with RCMU Electrical Circuits- Updated B. WEATHER MONITORING RCMU does not have any real-time wind direction and weather condition technology equipment installed that can track wind and weather conditions by season. The lack of funds and budget to sustain staffing and qualified professionals to monitor this data is challenging in that neither the utility nor other City Departments have the additional time or resources to track and monitor this information. However, the Emergency Management Division within the Rancho Cucamonga Fire District does receive consistent briefing reports from the National Weather Service (NWS) San Diego Office, which covers our City and County. This briefing provides an overview of significant weather that may impact our area. These reports allow our team to increase our awareness and preparedness for upcoming events. If an event has the potential for severe implications including wind and weather conditions, NWS – San Diego will host conference calls leading up to the event so the affected jurisdictions can gather additional data in order to make critical decisions on how to manage any potential damage and disruption in services. Emergency Management will coordinate this information with our internal city stakeholders such as RCMU so collectively decisions can be made to preserve safety for our residents, especially during the high Santa Ana wind season. C. DESIGN AND CONSTRUCTION STANDARDS RCMU’s electric facilities are designed and constructed to meet or exceed the relevant federal, state, or industry standard. RCMU treats CPUC General Orders (GO) 128 as a key industry standard for design and construction standards for underground electrical facilities. Since RCMU has a 100% underground system, the CPUC’s G.O. 95 overhead construction standards Page 578 17 do not apply. Additionally, RCMU monitors and follows, as appropriate, the National Electric Safety Code. RCMU’s approach to grid hardening is discussed in this subsection and the other subsections below. RCMU’s 100% underground design and construction standards and field inspections of critical electrical equipment are some of its key grid hardening programs. Historically, undergrounded electric lines have not been associated with catastrophic wildfires. The undergrounding of electric lines serves as an effective grid hardening measure that reduces the potential of power-line ignited wildfires. The goal of RCMU’s program is prevention and mitigation response versus reaction in its system hardening and grid design. The responses below were specific questions included in the WSAB’s 2021 Guidance Advisory Opinion that provides a comprehensive context of the RCMU Territory. RCMU’s Response: Yes, RCMU does have a circuit-by-circuit analysis which identifies essential facilities within its service area. The analysis does not identify whether those facilities have their own backup power. RCMU’s Response: N/A. RCMU’s system is already designed to be 100% underground. RCMU’s Response: N/A. RCMU is not affected by the IOU’s PSPS de-energization event and its facilities are not located in a wildfire area. RCMU’s Response: N/A. RCMU does not serve sites that power any water utilities or water conveyance. RCMU’s Response: N/A. RCMU does not serve any pump stations or sewage treatment plants. RCMU’s Response: No, RCMU does not provide supplemental generation. • Are the majority installed by the customers themselves or the utility? RCMU’s Response: Unknown: If any supplemental generation is installed, it is done by the customers and not installed by the utility. • Can the utility open and close taps? Can the utility back-feed? • Does the POU perform a circuit-by-circuit analysis to identify essential facilities (and whether they have backup power) like hospitals, communication centers, and community resource centers? • Does the POU assess system hardening measures that could be installed to prevent PSPS for those facilities? • In what way does the POU prepare these facilities for a PSPS or another wildfire related de-energization event? • For POUs that power water utilities or supply water themselves, if that water is used for drinking and firefighting, are certain projects being undertaken to harden the system for water delivery purposes? • Are pump stations self-contained or have some level of fire protection? Is the supply to sewage treatment plants hardened? • Is supplemental generation available such as backup batteries or backup power facilities? Page 579 18 RCMU’s Response: No, RCMU cannot control the taps of the customer’s backup / supplemental generation. RCMU’s Response: N/A • Can the utility sectionalize in a localized fashion? RCMU’s Response: N/A D. VEGETATION MANAGEMENT RCMU has a 100% underground electric system, so the standard vegetation management practices do not apply to RCMU. E. INSPECTIONS RCMU meets or exceeds the minimum inspection requirements provided in the CPUC’s GO 165 (Inspection Requirements for Electric Distribution Facilities) by patrolling all pad mounted Transformers, Switches, and Capacitors, with a detailed inspection every 5 years. Pursuant to these rules, utilities inspect electric facilities in the High Fire Threat District more frequently than the other areas of its service territory. As described above, RCMU currently does not have any overhead powerlines located within or near the High-Fire Threat District within the CPUC’s Fire Threat Map. However, RCMU staff uses their knowledge of the specific environmental and geographical conditions of RCMU’s service territory to determine if any particular areas require more frequent inspections if necessary. If RCMU staff discovers a facility in need of repair that is owned by an entity other than RCMU, RCMU will issue a notice to repair to the facility owner and work to ensure that necessary repairs are completed promptly. F. RECLOSER POLICY RCMU does not have any automatic reclosers deployed downstream of RCMU’s Arbors substation. All of RCMU’s circuit breakers have reclosing functionality which is conducted manually by a lineman in the field. RCMU’s system currently does not have this capability to be controlled by a Supervisory Control and Data Acquisition (SCADA) or other remote controls. RCMU has the capability, should it be deemed necessary, to change the relay or reclosing settings during adverse conditions. G. DEENERGIZATION RCMU has the authority to preemptively shut off power due to fire-threat conditions, however, this option will only be used in extraordinary emergency circumstances. Due to the minimal risk of RCMU’s electrical supply facilities causing a power-line ignited wildfire, RCMU is not adopting specific protocols for de-energizing any portions of its electric distribution system. RCMU will re-evaluate this determination in future updates to this Wildfire Mitigation Plan. VI. COMMUNITY OUTREACH AND PUBLIC AWARENESS RCMU works closely with the City's Community Affairs Network (CAN) which serves as the conduit for exceptional relationships and trusted information within the community. RCMU relies on CAN to disseminate key information to customers, residents, and other stakeholders. Vital shared information may include, but is not limited to severe weather updates, utility service interruptions, wildfire or other emergencies, and potential or active Public Safety • Are there wildfire related circumstances wherein either of these tactics would be useful? Page 580 19 Power Shutoff notifications, in coordination with other utility providers. This is done via the City’s/Fire District’s social media channels including Facebook, Instagram, Twitter, Nextdoor, and the City’s website and other publications. VII. RESTORATION OF SERVICE In the unlikely event of a wildfire or other emergency event caused by or affecting RCMU’s electric system, that would require a public safety power shutoff, the City of Rancho Cucamonga will maintain a proactive plan to communicate with the community during high fire threat periods and disasters. • Coordinate with the Fire District and the Rancho Cucamonga Police through the City’s EOC during emergencies or large-scale outages. • Expand social media for the public to see current outages and estimated restoration times in coordination with the City’s Communications Team. • Communication plans through the City’s EOC will allow RCMU to coordinate with applicable emergency service personnel along with maintaining open lines of communication with customers, media, and internal City staff. RCMU will work as quickly as possible to restore power safely, following an event, in cooperation with the City’s Fire District, Police, and Public Works Departments. RCMU will also engage its on-call high voltage contractors as needed. RCMU staff and its contractors will ensure which circuits are to be brought up safely and that any vital loads are restored first followed by non-vital loads. In most cases, the following restoration priorities will be followed depending on the specific incident and available resources: • Public safety in the affected areas • Worker safety in performing the restoration work • Life-support or critical customers • Critical infrastructure (Key City facilities, City Police and Fire Departments, other key utility facilities (e.g., fiber communications) • Major commercial activities/accounts critical to continuity of community services (e.g., gas stations, food stores, home supply stores, repair shops, eateries, lodging facilities, financial institutions, etc.) • To reduce the total number of customers affected • To reduce the length of time customers have been without power In directing restoration efforts to best achieve the above priorities, RCMU Staff will generally find it most efficient to dedicate restoration resources to the following types of facilities in the following order of priority to optimally restore electric services: • Arbors Substation located on Rochester Avenue and Stadium Way • All Distribution circuits (12 kV) • Distribution feeders • Distribution transformers • Service lines Page 581 20 VIII. EVALUATING THE PLAN A. METRICS AND ASSUMPTIONS FOR MEASURING PLAN OUTCOME AND PERFORMANCE RCMU will track metrics to measure the outcome and performance of this Wildfire Mitigation Plan including the number of fire ignitions; and inspections for above-ground, utility-owned distribution systems components. Outcome Metric: FIRE IGNITIONS For purposes of this metric, a fire ignition is defined as follows: • RCMU facility was associated with the fire • The fire was self-propagating and of a material other than electrical and/or communication facilities • The resulting fire traveled greater than one linear meter from the ignition point; and • RCMU has knowledge that the fire occurred RCMU will provide the number of fires that occurred that were less than 10 acres in size. Any fires greater than 10 acres will be individually described. Performance Metric: ROUTINE INSPECTIONS OF ABOVE-GROUND, UTILITY-OWNED DISTRIBUTION SYSTEM COMPONENTS For purposes of this metric, the routine inspections for above-ground, utility-owned distribution systems components are defined as follows: Inspections of: • Distribution Step-Down Transformers • Distribution Lines B. IMPACT OF METRICS ON PLAN Table 3: RCMU 2023 Outcome and Performance Metrics Outcome Metric Fire Ignitions CY 2022 CY 2023 # of Fire Ignition in RCMU Service Area 0 0 # of wildfires in City boundaries NOT in RCMU Service Area (<10 acres) 0 0 # of wildfires in City boundaries NOT in RCMU Service Area (> 10 acres) 0 0 Performance Metric Above-Ground Utility-Owned Distribution System Components CY 2022 CY 2023 # of Inspections for Distribution Step- Down Transformers) 2 8 # of Inspections Completed for Distribution Lines 0 7 Red Flag Warning7 1 1 _______________________ 7 The National Weather Service defines a “Red Flag Warning” as warm temperatures, very low humidities, and stronger winds are expected to combine to produce an increased risk of fire danger. Page 582 21 C. MONITORING AND AUDITING OF THE PLAN This Wildfire Mitigation Plan will be presented to the Rancho Cucamonga City Council and RCMU staff will present updates to this plan. The WMP, updates, and any associated approvals will be made available for public review on the City Council’s agenda located on the City’s website, as well as the City’s Council agenda posting located for viewing at Rancho Cucamonga City Hall. RCMU’s most recent Independent Evaluation Report and WMP are included on RCMU’s website located at https://www.cityofrc.us/rcmu. A discussion of the new metrics was discussed between the Fire District and RCMU Staff in the 2023 WMP update. D. IDENTIFYING AND CORRECTING DEFICIENCIES IN THE PLAN MONITORING Based on the recommendations of the Rancho Cucamonga City Council, RCMU will correct any identified deficiencies and/or recommendations, as appropriate in the WSAB’s Guidance Advisory Opinions. This document also represents the combined effort of the POU industry associations to further the development of a template to respond to the WSAB’s Guidance Advisory Opinion in future reporting WMP cycles. E. MONITORING THE EFFECTIVENESS OF INSPECTIONS A key mitigation measure against wildfires is vegetation management. Since RCMU has a 100% underground electric system, the standard vegetation management inspections do not apply to RCMU. However, RCMU added the metric of inspections for above ground transformers and distribution lines. Hence, we see the value of adding these inspections to our metrics to improve and support our wildfire mitigation efforts. IX. INDEPENDENT AUDITOR Public Utilities Code section 8387(c) requires RCMU to contract with a qualified independent evaluator with experience in assessing the safe operation of electrical infrastructure to review and assess the comprehensiveness of this Wildfire Mitigation Plan. The independent evaluator must issue a report that is posted on the City’s website. This report must also be presented to the Rancho Cucamonga City Council at a public meeting. In evaluating and selecting an independent evaluator as required in PUC Section 8387(c), the City determined that the Fire District is the most qualified independent evaluator who understands the local conditions and fire risks for the City of Rancho Cucamonga and is aware that RCMU’s service area is located in a low-risk fire threat zone with 100% underground electric wire equipment. The City believes that the Fire District is qualified to review the comprehensiveness of the RCMU Wildfire Mitigation Plan. X. WSAB GUIDANCE ADVISORY OPINION RECOMMENDATIONS (2023 UPDATE) On November 16, 2022, the Wildfire Safety Advisory Board (WSAB) issued its Guidance Advisory Opinion identifying some specific recommendations that POUs are requested to address in Page 583 22 their 2022 WMPs. This Section IX. restates each of the WSAB recommendations where RCMU provides a response. WSAB Recommendation #1: The WSAB appreciates Rancho Cucamonga’s continued inclusion of a context-setting template and the addition of the statutory cross-reference table near the front of their 2022 WMP. The WSAB also appreciates that the utility updated their template with revised customer information – these templates need to be kept up-to-date as utility circumstances change, particularly with relation to assets in high wildfire threat areas. The WSAB encourages Rancho Cucamonga to continue including and updating this information and consider the proposed template in Appendix 1 as they prepare and file their 2023 comprehensive revision WMP. RCMU’s Response: RCMU has updated our WMP based on the proposed template listed in the Guidance Advisory Opinion for the 2023 Wildfire Mitigation Plans of Electric Publicly Owned Utilities and Rural Electric Cooperatives document. WSAB Recommendation #2: The WSAB appreciates Rancho Cucamonga’s clear and prominent website location for WMP information and the inclusion of some historical WMP information, as well as the addition of a paragraph and link to that information in the 2022 WMP itself as requested. The WSA 2 WMP B notes that the 2022 update WMP appears not to be available on the page and encourages Rancho Cucamonga to keep the page up-to-date. RCMU’s Response: RCMU has posted the current version of the WMP on its website. We have deleted the historical versions to present the most recent information. These streamlining efforts should alleviate any electronic access issues. WSAB Recommendation #3: The WSAB appreciates Rancho Cucamonga’s many changes in the 2022 WMP from the 2021 version, including new paragraphs describing coordination with SCE, discussing outage communication in more detail, talking about weather data monitoring, and describing the underground nature of Rancho’s assets along with additional information from the previous informational response. In addition, the WSAB appreciates Rancho Cucamonga including some responsive text to the 2022 Guidance Advisory Opinion but notes that it appears the specific Rancho Cucamonga points in that document were not addressed. The WSAB encourages Rancho Cucamonga to continue a relatively robust practice of updating their WMPs. RCMU’s Response: RCMU has completed a robust update for our 2023 WMP. We anticipate continuing to make improvements as deemed fit in our role as an electric utility. WSAB Recommendation #4: The WSAB applauds the new situational awareness pilot at Rancho Cucamonga, adding three fire-monitoring sensor cameras along the foothills, including pictures and maps related to that new effort. Given the low likelihood of catastrophic wildfire for Rancho Cucamonga, this addition shows a proactive approach to preventing and mitigating potential wildfires, even those not utility related. RCMU’s Response: RCMU is building upon these efforts and will be placing additional cameras throughout the community as funding becomes available. These efforts should assist with ongoing fire prevention and early detection activities and further enhance the city as a world class community. As RCMU territory continues to grow, we will explore additional metrics relating to this new technology. WSAB Recommendation #5: The WSAB notes that Rancho Cucamonga still included a generic “wires down” metric in their WMP, even with all assets reportedly underground. The WSAB appreciates the updated metric tracking results in the WMP but encourages Rancho Cucamonga to consider more relevant metrics, including performance metrics, in their 2023 comprehensive revision WMP. Page 584 23 RCMU’s Response: RCMU has replaced the metric of “wires down” and added the new metric “inspections”. This new performance metric is relevant for our underground infrastructure, and we look forward to providing this information to demonstrate RCMU’s efforts to mitigate potential wildfires. END OF DOCUMENT Page 585 ATTACHMENT 2Resolution No. 2024-XXX – Page 1 of 2 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, DETERMINING THAT THERE IS NO SIGNIFICANT RISK OF THE RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC LINES OR EQUIPMENT CAUSING A CATASTROPHIC WILDFIRE WHEREAS, the State of California approved Senate Bill (SB) 1028 requiring that the governing board of a local Publicly Owned Utility (POU) initiate a process to determine whether any portion of the geographic area where the POU's overhead electric lines and equipment are located poses a significant risk of catastrophic wildfires resulting from the POU's electrical lines and equipment; and WHEREAS, City staff determined that zero (0) percent of the Rancho Cucamonga Municipal Utility's (RCMU's) electric lines and equipment are located overhead; and WHEREAS, City staff reviewed the final California Public Utilities Commission Fire Threat Map and determined that zero (0) percent of the RCMU's electric lines and equipment lie within an area designated as either elevated or extreme fire risk; and WHEREAS, City staff also reviewed relevant historical fire data and local conditions with the Rancho Cucamonga Fire Protection District and determined that RCMU's service area is not in an area that is considered an elevated risk of electric line wildfires; and WHEREAS, based on this assessment, City staff has concluded that RCMU's electric lines and equipment do not pose a significant risk of catastrophic wildfire; and WHEREAS, the State of California approved Assembly Bill (AB) 1054 and AB 111, requiring POUs including the Rancho Cucamonga Municipal Utility (RCMU) to submit their WMP to a newly formed California Wildfire Safety Advisory Board ("WSAB”); and WHEREAS, the WSAB has proposed recommending that POUs without overhead electric supply facilities in the elevated or extreme wildfire risk areas of the California Public Utilities Commission’s (“CPUC’s”) High Fire Threat District map may utilize a simplified wildfire mitigation plan development and reporting process; and WHEREAS, the alternative reporting process that the WSAB has proposed recommending would allow these POUs to submit a supplemental letter describing the unchanged wildfire risk status as it is unreasonable to expect them to otherwise continue submitting new WMPs every year; and WHEREAS, RCMU has determined that its current WMP adequately addresses the risk of a utility-caused, catastrophic wildfire occurring in RCMU’s service territory and that no substantive changes are merited; and WHEREAS, if the WSAB adopts this proposed simplified reporting process, RCMU will exercise the option to submit the supplemental letter and existing WMP each year and continue to evaluate its WMP on a regular basis. Page 586 Resolution No. 2024-XXX – Page 2 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES: SECTION 1. The City makes a determination that its RCMU' s overhead electric lines and equipment do not pose a significant risk of causing a catastrophic wildfire pursuant to SB 1025; SECTION 2. Pursuant to Assembly Bill (AB) 1054 and AB 111, RCMU is considered a low-risk POU and has the option to submit a supplemental letter and existing WMP each year describing its unchanged wildfire risk status; SECTION 3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED this 5 day of June 2024. Page 587 DATE:June 5, 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:Linda A. Troyan, MMC, City Clerk Services Director Patricia Bravo-Valdez, MMC, Deputy Director of City Clerk Services Kimberly Solorio, CMC, Records Management Analyst SUBJECT:Consideration of Resolutions Adopting Updated Records Retention Schedules, Authorizing Destruction and Rescinding Previous Records Retention Schedules. (RESOLUTION NO. 2024-039) (RESOLUTION NO. FD 2024-007) (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council and Board of Directors of the Fire Protection District adopt Resolutions to update Records Retention Schedules, authorize the destruction of certain obsolete City Records, and rescind previous Records Retention Schedules. BACKGROUND: The Records Retention Schedules of the City/Fire District were last revised in 2023. These schedules play a vital role in maintaining an efficient records management program. They help the City/Fire District in identifying which records need to be kept in the office or temporary storage, which records have historical or research value, and which records can be discarded as they no longer hold any administrative, operational, fiscal, or legal significance. ANALYSIS: It is recommended by general records management principles to periodically review and update retention schedules. The City/Fire District updates its Records Retention Schedules every two (2) years or sooner if necessary. The City Clerk Services Department collaborated closely with the City's records consultant, various City Departments, and the City Attorney's Office to update the schedules. The revisions proposed for this year's schedules have been made in accordance with new laws as well as best practices in the industry. The attached Records Retention Schedules have been updated, and changes have been marked in colored and strike-out format. These changes in law include updates to the Citywide, Department of Innovation and Technology, Economic Development, Engineering, Finance, Fire Protection, and Human Resources Retention Schedules. The updates include a minimum retention to all retention schedules with databases, changes to records description, improvements to records description, and two new items reflecting modern practices, including drone recordings and Sewer System Management Plans (SSMP) and Audits, Sanitary Sewer Overflows (SSOs) / Sanitary Spills Overflow Prevention Plan (SSOPP), and Sanitary Sewer Overflow Response Plan. The remaining changes were repeals or additions to legal citations that did not affect retention. Page 588 Page 2 2 3 5 8 Staff recommends the City Council/Board of Directors of the Fire Protection District approve the revised Records Retention Schedules and Resolutions. FISCAL IMPACT: The City/Fire District will realize savings in records storage expenses. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item supports the City Council’s Core Values of intentionally embracing and anticipating the future, working together cooperatively and respectfully with each other, staff, and all stakeholders, and the relentless pursuit of improvement by taking actions to proactively update records retention schedules to reflect current laws and best practices ensuring compliance with state law. ATTACHMENTS: Attachment 1 — Resolution No. 2024-039 and Records Retention Schedules Attachment 2 — Resolution No. FD 2024-007 and Records Retention Schedules Page 589 RESOLUTION NO. 2024-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING REVISED RECORDS RETENTION SCHEDULES, AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS, AND RESCINDING RESOLUTION NO. 2023- 037 WHEREAS, the objective of a records management program and retention schedule is to control costs, increase space availability, streamline information and consistent record keeping systems, and improve productivity by providing records and information in a timely manner to individuals requiring them; and WHEREAS, California Government Code Section 34090 provides a procedure whereby any City record which has served its purpose and is no longer required may be destroyed; and WHEREAS, the State of California has adopted records retention guidelines for various government records; and WHEREAS, the City Attorney has reviewed and approves the Records Retention Schedule as evidenced by his signature on this Resolution, in accordance with the provisions of California Government Code Section 34090; and WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted records retention schedules, the most recent in 2023. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES FIND AND RESOLVE AS FOLLOWS: Section 1.The facts set forth in the Recitals, above, are true and correct. Section 2.Resolution No. 2023-037 is hereby rescinded. Section 3. The City Council hereby adopts the revised City-wide Records Retention Schedules set forth in Exhibit “A”, attached hereto and incorporated herein by this reference, as the City’s Records Retention Schedules. Records identified in the Schedules set forth in Exhibit A that are no longer required by law to be maintained and are no longer needed for any City purpose, are hereby authorized to be destroyed as provided by California Government Code Section 34090 and in accordance with the provisions of the Schedules, upon the request of a Department Head and with the consent in writing of the Department Director, Deputy City Manager, City Clerk Services Director, City Manager and City Attorney, without further action by the City Council of the City of Rancho Cucamonga. Section 4.Minor updates are hereby authorized to be made to the Records Retention Schedules, without any further action by the City Council, that do not alter the retention period or delete records specified in the schedule, with the consent of the City Clerk Services Director, City Attorney and City Manager. Minor updates are defined as improvement in Records Descriptions, changes in Office of Record / Inactive timeframes (but not the Total Retention Period), whether to Image a record, and the Justification. Section 5. The term “records” as used herein shall include records, documents, instructions, books, microforms, electronic files, magnetic tape, optical media, instruments, ATTACHMENT 1RESOLUTION NO. 2024-039 - Page 1 of 3 Page 590 writings, and/or papers, regardless of media, as defined by the California Public Records Act, and as those terms are used in Government Code Section 34090, et seq. Section 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 7. This resolution shall become effective immediately upon its passage and adoption. RESOLUTION NO. 2024-039 - Page 2 of 3 Page 591 PASSED, APPROVED, and ADOPTED this 5th day of June 2024. ___________________________________ L. Dennis Michael, Mayor ATTEST: _________________________________ Janice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 5th day of June 2024. AYES: NOES: ABSENT: ABSTAINED: Executed this 6th day of June 2024, at Rancho Cucamonga, California. ______________________________________ Janice C. Reynolds, City Clerk APPROVED AS TO FORM: Nicholas R. Ghirelli, City Attorney Richards, Watson & Gershon RESOLUTION NO. 2024-039 - Page 3 of 3 Page 592 HOW TO USE RETENTION SCHEDULES ©1995-2024 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission A legend explaining the information presented in the retention schedule; please read this for an explanation of every column. The specified retention period applies regardless of the media of the record: If a record is stored on paper and electronic format (a computer file on a hard drive), all electronic and paper records should be destroyed (or deleted / erased) after the specified period of time has elapsed and authorization to destroy has been obtained. Copies or duplicates of records should never be retained longer than the prescribed period for the official (original) record, and drafts and copies should be destroyed as soon as they are no longer required. The term “records” shall include documents, instructions, books, microforms, electronic files, magnetic tape, optical media, or papers as defined by the California Public Records Act. STRUCTURE: CITYWIDE, DEPARTMENTS & DIVISIONS The City-wide retention schedule includes those records all departments have in common (letters, memorandums, purchase orders, etc.). These records are NOT repeated in the Department retention schedule, unless that department is the Office of Record, and therefore responsible for maintaining the official (original) record for the prescribed length of time. Each department has a separate retention schedule that describes the records that are unique to their department, or for which they are the Office of Record. Where appropriate, the department retention schedules are organized by Division within that Department. If a record is not listed in your department retention schedule, refer to the City-wide retention schedule. An index will be provided for your reference. BENEFITS This retention schedule has been developed by Diane R. Gladwell, MMC, an expert in Municipal Government records, and will provide the City with the following benefits: • Reduce administrative expenses, expedite procedures • Free filing cabinet and office space • Reduce the cost of records storage • Eliminate duplication of effort within the City • Find records faster • Easier purging of file folders • Determine what media should be used to store records For questions, please contact the City Clerk. AUTHORIZATION TO DESTROY RECORDS: Destruction of an official (original) record that has exceeded its retention period must be authorized according to City Policies & Procedures prior to destroying it. •If there is a minimum retention (“Minimum 2 years"), destruction of the document must be authorized before it is destroyed, as it is an official (original) record. Copies, drafts, notes and non-records do NOT require authorization, and can be destroyed “When No Longer Required.” •If there is NOT a minimum retention ("When No Longer Required"), it does NOT need to be authorized prior to destruction, as it is a preliminary draft / transitory record or a copy. On every page of the schedules (near the top, just under the column headings) are important instructions, including instructions regarding holds on destroying records. “Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or resolution).” Page 593 RECORDS RETENTION SCHEDULE LEGEND ©1995 – 2024 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission OFR (Office of Record): The department that keeps the Official (original or “record copy”) record for its retention period, then authorizes destruction. Usually it is the department that originates the record. Records Description: The record series (a group of like records). Non-Record: Documents, studies, books and pamphlets produced by outside agencies, preliminary drafts not retained in the ordinary course of business. Retention/Disposition:Active: How long the file remains in the immediate office area (guideline) Inactive: How long the file is in off-site storage, stored on Optical Disk or Microforms (guideline) Total Retention: The total number of years the record is retained For file folders containing documents with different retention timeframes, use the document with the longest retention time. P = Permanent Indefinite = No fixed or specified retention period; used for databases, because the data fields are interrelated. Vital? = Those records that are needed for basic operations in the event of a disaster. Media Options (guideline) terms used in State law:Mag = Electronic Computer Magnetic Media (Hard drives, Networks, USB Drives, Cloud, etc.) Mfr = Microforms (aperture cards, microfilm, microfiche, or jackets) Ppr = Paper OD = Optical Disk, Immutable Cloud Media, CD-r, DVD-r, WORM (Write Once, Read Many) media), or other Unalterable Media which does not allow changes Scan / Import (guideline):“S” indicates the record should be scanned into the document imaging system; “I” indicates the record should be electronically imported into the document imaging system; “M” indicates the record was microfilmed Destroy Paper after Imaged & QC’d (quality checked) / Trustworthy Electronic Record: “Yes” means the electronic record may serve as the OFFICIAL record (and the paper version may be destroyed, or the record may be electronically generated and never exist in paper format;) IF (legal requirements) the electronic record is also placed on Unalterable Media, Immutable Cloud Media, Optical Disk (OD), DVD-R, CD-R, Blue-ray-R, or WORM, or microfilmed) which is stored in a safe & separate location. Employees are required to Quality Check (“QC’d”) both the images and the indexes, and ensure the electronic record contains all significant details from the original and be an adequate substitute for the original document for all purposes, and other legal mandates apply. Includes all electronic records which are to serve as the Official Record. Legend for legal citations (§: Section) CC: Civil Code (CA) CFC: California Fire Code B&P: Business & Professions Code (CA) CCP: Code of Civil Procedure (CA) CFR: Code of Federal Regulations (US) FA: Food & Agriculture Code GC: Government Code (CA) LC: Labor Code (CA) PRC Public Resources Code USC: United States Code (US) CBC: California Building Code CCR: California Code of Regulations (CA) EC: Elections Code (CA) EVC: Evidence Code (CA)FC: Family Code (CA) FTB: Franchise Tax Board (CA) HUD: Housing & Urban Develop. (US) PC: Penal Code (CA) H&S: Health & Safety Code (CA) Ops. Cal. Atty. Gen..: Attorney General Opinions (CA) R&T: Revenue & Taxation Code (CA) VC: Vehicle Code (CA)UFC: Uniform Fire Code W&I: Welfare & Institutions Code (CA) Page 594 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-1 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). CITY-WIDE (Used by All Departments) Accident, Incident, InjuryHuman Resources / Risk Copies - When No Longer Copies - When No Longer reports: PUBLIC & EMPLOYEES, with associated MSDS, if a chemical was involved Mag, Ppr Copies retained for reference; GC §§34090.7, 60200CW-001 Management Required Required Accounts Payable, Invoices, Petty Cash, Warrant Requests, etc. Copies - When No Longer Copies - When No Longer All originals go to Finance (these are copies); GC §§34090.7, 60200 Yes: Before Mag,Finance CW-002 Payment Ppr ALL backup is forwarded to Finance Required Required Mag, PprLead Dept. Lead Dept. CW-002.1 Administrative Hearings 2 years 2 years 2 years 2 years GC §§34090 Brown Act challenges must be filed within 30 or 90 days of action; Statute of Limitations on Municipal Government actions is 3 - 6 months; GC §§34090, 54960.1(c)(1) Affidavits of Publications /Mag, Mfr, OD, Ppr Public Hearing Notices / Legal Advertising / Affidavits of Posting CW-003 Copies - When No Longer Required Copies - When No Longer Copies - When No Longer Required Copies - When No Longer Mag, Mfr, OD, Ppr Agenda Packets / Staff Reports: City Council Yes: After QC &ODCity Clerk City Clerk CW-004 CW-005 S S GC §§34090.7, 60200 Mag, Mfr, OD, Ppr Yes: Upon Ensure the City Clerk receives Completio all original agreements; GCAgreements & Contracts ALL ORIGINALS n §§34090.7, 60200RequiredRequired RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 595 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-2 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Some Grants require audits; Grants covered by a Consolidated Action Plan are required for 5 years; Uniform Admin. Requirements for Agreements & Contracts: ADMINISTRATIVE FILES (with Grant Funding) 10 years or After Funding Agency Completion + 10 years or After Funding Agency Audit, if required, whichever is longer Grants to Local Governments is 3 years from expenditure report or final payment of grantee or subgrantee; 2 CFR 200.334; 24 CFR 91.105(h), 92.505, 570.490, & 570.502(a), 29 CFR 97.42; OMB Circular A- 110 & A-133; GC §§34090, 60201 et seq.; GC §8546.7 Mag, Mfr, OD, Ppr Yes: Upon Completio n Yes: Before CompletionLead Dept.CW-006 (Correspondence, Insurance Certificates, Project Administration, Project Schedules, Certified Payrolls, Invoices, Logs, RFP, etc.) Completion S/IAudit, if required, whichever is longer Covers E&O Statute of Limitations (insurance certificates are filed with agreement); Published Audit Standards=4-7 years; Statute Agreements & Contracts: ADMINISTRATIVE FILES Mag, Mfr, OD, Ppr Yes: Upon of Limitations: Contracts & Completio Spec's=4 years, WrongfulCompletion + Yes: Before 10 years CompletionLead Dept.CW-007 (Correspondence, Project Administration, Project Schedules, Certified Payrolls, Invoices, Logs, RFP, etc.) Completion 10 years S/I n Death=comp. + 5 years, Developers=comp. + 10 years; Statewide guidelines propose termination + 5 years; CCP §337 et. seq., GC §34090, 60201 RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 596 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-3 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Agreements & Contracts: UNSUCCESSFUL BIDS, UNSUCCESSFUL PROPOSALS or RESPONSES to RFPs (Request for Proposals) and/or RFQs (Request for Qualifications) that don't result in a contract Mag, PprLead Dept.CW-008 2 years 2 years GC §§34090, 60201 et seq. Copies; GC §§34090.7, 60200 Copies - When No Longer Copies - When No Longer Audits / Audit Reports / Annual Financial Reports Mag, PprFinanceCW-009 CW-010 CW-011 Required Required Bids: See Agreements & Contracts Department Staff Meetings (all Records, including Minutes and Recordings, Department Awards) Boards, Commissions, & Committees: External Organizations Mag, Ppr GC §§34090 et seq., 60201 et seq.Staffing Dept.2 years 2 years When No Longer Required When No Longer Required Mag, PprCW-012 Non-records (e.g. County Board of Supervisors) RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 597 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-4 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Boards, Commissions, & Committees: Residents Advisory Bodies Formed by CITY COUNCIL AGENDAS, AGENDA PACKETS Boards, Commissions, & Committees: Residents Advisory Bodies Formed by CITY COUNCIL AUDIO RECORDINGS of Meetings / Audio Tapes Boards, Commissions, & Committees: Residents Advisory Bodies Formed by CITY COUNCIL Brown Act challenges must be filed within 30 or 90 days of action; GC §§34090, Minimum 2 years Minimum 2 years Mag, PprStaffing Dept. Staffing Dept. Staffing Dept. CW-013 CW-014 CW-015 54960.1(c)(1) Department preference; State law only requires for 30 days; GC §54953.5(b) Mag, OD2 years 2 years Department Preference; Video recording of meetings are only required for 90 days if audio or another record is made; GC §§34090.7, 34090 Minimum 3 years Minimum 3 years Mag, OD VIDEO RECORDINGS of Meetings / Audio Tapes Boards, Commissions, & Committees: Residents Advisory Bodies Formed by CITY COUNCIL Mag, Mfr, OD, Ppr Staffing Dept. Finance CW-016 CW-017 P P S No GC §§34090, 60201 et seq. MINUTES & BYLAWS Copies - When No Longer Copies - When No Longer Mag, Mfr, OD, Ppr Final must be filed with County Auditor; GC §§34090.7, 60200, 40802, 53901 Yes: Current Fiscal Year Yes: After 5 yearsBudgets - Finals S/I Required Required RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 598 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-5 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Copies - When No Longer Copies - When No Longer Cash Receipts Detail / Backup / Accounts Receivable Detail / Refund Detail Mag, PprFinanceCW-018 CW-019 GC §§34090.7, 60200 Required Required Lead (Requesting) Dept. Minimum 2 years Minimum 2 years Mag, Ppr City preference; GC §§34090, 60201 et seq.City Attorney Opinions Copies - When No Longer Required (Final Copies - When No Longer Required (Final Human Resources / Risk Yes: Before Mag,Yes: After Final Disposition CW-020 CW-021 Claims Final Disposition Mfr, OD, Ppr S/I GC §§34090.7, 34090.6 Management Disposition)Disposition) City preference; Statute of Limitations for personal property, fraud, etc. is 3 years; Claims must be filed within 6 months; CCP §340 et seq., 342, GC §§ 911.2, 34090, 60201 et seq. Lead (Responding) Dept. Complaints / Concerns from Citizens Minimum 2 years Minimum 2 years Mag, Ppr Send to Human Resources Send to Human Resources Human Resources Mag, PprCW-022 CW-023 Complaints Against Employees Contracts: See Agreements GC §§34090.7, 60200 Copies - When No Longer Copies - When No Longer Copies or duplicates of any recordLead Dept.CW-024 Mag Ppr GC §§34090.7, 60200 Required Required RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 599 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-6 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Correspondence - ROUTINE (Content relates in a substantive way to the conduct of the public's business) ONLY IF the Content relates inDept. that Authors Document or Receives the City's Original Document a substantive way to the conduct of the public's business; City of San Jose v. Superior Court (Smith). S218066. Supreme Court of California, 2017; GC §§34090, 60201 (e.g. Administrative, Chronological Files, e-mail, General Files, Letters, Memorandums, Miscellaneous Reports, Press Releases, Public Records Requests, Reading Files, Working Files, etc.) Mag, PprCW-025 2 years 2 years IF the Content relates in a SUBSTANTIVE way to the conduct of the public's business RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 600 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-7 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Electronic and paper recordsCorrespondence - TRANSITORY / PRELIMINARY DRAFTS, Interagency and Intraagency Memoranda NOT retained in the ordinary course of business are categorized, filed and retained based upon the CONTENT of the record. Records where either the Content relates in a substantive way to the conduct of the public's business, or ARE made or retained for the purpose of preserving the informational content for future reference are saved by placing them in an electronic or paper (project) file folder and retained for the applicable retention period. If not mentioned here, consult the City Attorney to determine if a record is considered Content NOT Substantive, or NOT made or retained for the purpose of preserving the informational content for future reference Dept. that Authors Document or Receives the City's Original Document When No Longer Required When No Longer Required Mag, PprCW-026 (e.g. calendars, checklists, e-mail or social media posting, flyers, invitations, instant messaging, inventories, logs, mailing lists, meeting room registrations, speaker cards, staff videoconference chats, notes and recordings, supply inventories, telephone messages, text messages, transmittal letters, thank yous, requests from other cities, undeliverable envelopes, visitors logs, voice mails, transitory / preliminary draft. GC §§34090, 7927.500, 7928.705. 6252, 6254(a); 64 Ops. Cal. Atty. Gen. 317 (1981)); City of San Jose v. Superior Court (Smith). S218066. Supreme Court of California, 2017webpages, etc.) RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 601 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-8 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Deeds, Easements, Final Orders of Condemnations, Liens, Recorded Documents, Rights of Ways (All) Copies - When No Longer Copies - When No Longer Mag, Ppr Send all originals to the City Clerk; GC §§34090.7, 60200City Clerk CW-027 CW-028 Required Required Deposit Accounts / Trust Accounts / Refundable Deposits Department preference; meets auditing standards; GC §§34090, 60201 et seq. Close + 5 years Close + 5 years Mag, PprLead Dept. Transitory or source records not retained in the ordinary course of business; CHP audits every 2 years; Bureau of National Affairs recommends 2 years for all supplementary Personnel records; GC 2 years After Superseded or Separated 2 years After Superseded or Separated Lead Dept.CW-029 DMV Pull Notices Mag Ppr §§34090, 60201 et seq. As long as the drafts and notes are not retained in the "Regular Course of Business". Consult the City Attorney to determine if a record is considered a When No Longer Required When No Longer Required Drafts & Notes: Drafts that are revised (retain final version) Mag, PprLead Dept.CW-030 draft. GC §§34090, 7927.500, 7928.705 6252, 6254(a) RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 602 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-9 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). The Lead Department should print out historical documents (or save source data) prior to GIS Database / Data / Layers (both City-wide and Specialized) When No Longer Required When No Longer Required replacing the data, if they require the data or output for historical purposes; Department Preference (Preliminary documents); GC §§34090, 60201 et seq. et seq. Lead Dept. Lead Dept. CW-031 CW-032 Yes Mag Grants (UNSUCCESSFUL Applications, Correspondence) Mag, Ppr2 years 2 years GC §§34090, 60201 et seq. Meets auditing standards; Grants covered by a Consolidated Action Plan are required for 5 years; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report or final payment of grantee or subgrantee; 2 CFR 200.334; 24 CFR 91.105(h), 92.505, 570.490, & 570.502(a), 29 CFR 97.42; OMB Circular A- 110 & A-133; GC §§34090, 60201 et seq.; GC §8546.7 Grants / CDBG / Reimbursable Claims / FEMA Claims / OES Claims (SUCCESSFUL Reports, other records required to pass the funding agency's audit, if required) After Funding Agency Audit, if Required - Minimum 5 Minimum 5 years After Funding Agency Audit, if required -Mag, PprLead Dept.CW-033 2 years Applications (successful), grant agreement, program rules, regulations & procedures, reports to grant funding agencies, correspondence, audit records, completion records years RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 603 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-10 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Send all grievances to Human Resources; All State andCopies - When No Longer Copies - When No Longer Federal laws require retention until final disposition of formal complaint; State requires 2 years after action is taken; GC §§12946, 12960, 34090 Human Resources Grievances and Informal Complaints (Employees) Yes: Before Disposition Mag, PprCW-034 Required Required Litigation Files / Lawsuits / Court Case Files Final Resolution + 5 years Final Resolution + 5 years Department preference; CCP §§ 337 et seq.; GC §§ 911.2, 34090, 34090.6 Yes: Until Settlement Mag, PprLead Dept. Lead Dept. CW-035 CW-036 Send Final Settlement Agreements to the City Clerk Preliminary drafts not retained in the Regular Course of Business GC §§34090, 60201 et seq. When No Longer Required When No Longer Required Leave Slips / Time Off Requests Mag, Ppr Previous MSDS may be obtained from a service; MSDS may be destroyed as long as a record of the chemical / substance / agent, where & when it was used is maintained for 30 years; Applies to qualified employers; Claims can be made for 30 years for toxic substance exposures; 8 CCR 3204(d)(1)(B)(2 and 3), 29 CFR 1910.1020(d)(1)(i), GC §§34090, 60201 et seq. Material Safety Data Sheet (MSDS) / Safety Data Sheet (SDS) Chemical Use Report Form (or records of the chemical / substance / agent, where & when it was used) While Chemical In Use Mag, Mfr, OD, Ppr Yes - After QC & ODLead Dept.CW-037 30 years 30 years S RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 604 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-11 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Copies - When No Longer Copies - When No Longer Mag, Mfr, OD, Ppr Originals maintained by City Clerk Permanently; GC §§34090.7, 60200 City Clerk CW-038 Minutes - City Council Yes (all)S No Required Required Return any whole unused codes to the City Clerk; Originals maintained by City Clerk Permanently; GC §§34090, 60201 et seq. Copies - When No Longer Copies - When No Longer Mag, Mfr, OD, Ppr Municipal Code (these are copies) Yes: Current OriginalCity Clerk CW-039 I No Required Required When No Longer Required When No Longer Required Non-records - may be obtained from the newspaper company; GC §§34090, 60201 et seq. Lead Dept. Staffing Dept. City Clerk CW-040 CW-041 CW-042 CW-043 Newspaper Clippings Ppr Statute of Limitations on Municipal Government actions is 3 - 6 months; GC §§34090, 60201 et seq. Notices: Public Hearing Notices and Proofs of Publications Mag, Ppr2 years 2 years Copies - When No Longer Copies - When No Longer Mag, Mfr, OD, Ppr Originals maintained by City Clerk Permanently; GC §§34090, 60201 et seq. Ordinances - City Council Yes (all)S No Required Required Human Resources / Risk Send to Human Resources Send to Human Resources OSHA Inspections or Citations Ppr GC §§34090.7, 60200 Management Ensure records kept in Do Not Retain in Departments Do Not Retain in Departments Department files comply with City policy (all originals are sent to Human Resources); GC §§34090.7, 60200 Human Resources Personnel Files (Department- level Files) Before Separation Mag, PprCW-044 RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 605 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-12 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Shred After Incorporation into Performance Evaluation or Documented Discipline Shred After Incorporation into Performance Evaluation or Evaluation Documented Notes maintained in a separate folder to be incorporated into performance evaluation, or to document progressive discipline; GC §§34090 et seq., 60201 et seq. Before AnnualPersonnel Files (Supervisor's Notes) Mag, PprLead Dept. Lead Dept. CW-045 CW-046 Discipline Preliminary Drafts; (retention is placed on the record the photograph is used in - Brochure, Report, etc.); destroy unnecessary photographs. GC §§34090 When No Longer Required When No Longer Required Mag, PprUnused Photographs Public Relations / Press Releases Mag, PprLead Dept. Lead Dept. CW-047 CW-048 2 years 2 years 2 years 5 years GC §§34090, 60201 et seq. Mag, Mfr, OD, Ppr Yes: After Department preference; GC QC &OD §§34090, 60201 et seq.Purchase Orders / Requisitions 3 years S Not accessible to the public; Statewide Guidelines show 2 years; GC §§34090, 60201 7928.705 6254(h) Lead Dept. (Who Ordered the Appraisal) Real Estate Appraisal Reports: Property NOT purchased, Loans not funded, etc. Mag, PprCW-049 2 years 2 years RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 606 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-13 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Not accessible to the public until purchase has been completed; meets municipal Yes: After government auditing QC &OD standards; Statewide Lead Dept. (Who Ordered the Appraisal) Real Estate Appraisal Reports: Purchased Property, Funded Loans Mag, Mfr, OD, Ppr Minimum 3 years Minimum 5 yearsCW-050 2 years S Guidelines show 2 years; GC §§34090, 60201, 6254(h) 7928.705 Copies - When No Longer Copies - When No Longer Records Destruction Lists / Certificate of Records Destruction Mag, PprCity Clerk CW-051 CW-052 GC §§34090.7, 60200 Non-Records Required Required Reference Materials: Policies, Procedures, Brochures, Flyers, Manuals, Newsletters, etc.: Produced by OUTSIDE ORGANIZATIONS (League of California Cities, Chamber of Commerce, etc.) When No Longer Required When No Longer Required Mag, Ppr Reference Materials: Policies, Procedures, Brochures, Flyers, Manuals, Newsletters, etc.: Produced by YOUR Department preference; Statewide guidelines propose superseded + 2 or 5 years; GC §34090 Minimum 2 years Minimum 2 years Mag, PprLead Dept. Lead Dept. CW-053 CW-054 Department Reference Materials: Policies, Procedures, Brochures, Flyers, Manuals, Newsletters, etc.: Produced by OTHER When Superseded When Superseded Mag, Ppr Copies; GC §§34090.7, 60200 Departments RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 607 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-14 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Reference or Working Files:CW-055 See Correspondence Administratively and Yes: After Historically significant, 10 years therefore retained permanently; GC §§34090, 60201 et seq. Reports and Studies (Historically significant - e.g., Zoning Studies) Mag, Mfr, OD, Ppr Lead Dept. Lead Dept. CW-056 10 years 10 years P P S/I Department preference; Information is outdated after 10 years; statewide guidelines propose 2 years; If historically significant, retain permanently; GC §34090 Reports and Studies (other than Historically significant reports - e.g. Annual Reports) Mag, PprCW-057 10 years Copies - When No Longer Copies - When No Longer Mag, Mfr, OD, Ppr Originals maintained by City Clerk Permanently; GC §§34090.7, 60200 City Clerk CW-058 CW-059 Resolutions - City Council Yes (all)S No Required Required Special Projects / Subject Files / Issue Files Minimum 2 years Minimum 2 years Mag, Ppr Department Preference; GC §§34090, 60201 et seq. et seq.Lead Dept. Surveys / Questionnaires (that the City issues) If a summary of the data is compiled, the survey forms are considered a draft or transitory record, and can be destroyed as drafts (When No Longer Required) Mag, PprLead Dept.CW-060 2 years 2 years GC §§34090, 60201 et seq. RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 608 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-15 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Copies - When No Longer Required When No Longer Copies - When No Longer Required When No Longer Time Cards / Time Sheets (Finance keeps the originals with employee signatures) Mag, Mfr, OD, Ppr Finance / Payroll Yes: After QC & ODCW-061 CW-062 S / I GC §§34090.7, 60200 et seq. Preliminary drafts (the time card is the final record); GC §§34090, 60201 et seq. Lead Dept.Time Off Requests Ppr Required Required Department preference; Ethics Training is 5 years; Statewide guidelines propose 7 years; Calif. Labor Division is required to keep their OSHA records 7 years; EEOC/FLSA/ADEA Training - ALL COURSE RECORDS Mag, Mfr, OD, Ppr Yes: When (Age) requires 3 years for Inactive promotion, demotion, transfer, selection, or discharge; State Law requires 2 -3 years for personnel actions; 8 CCR Lead Dept.CW-063 (Attendance Rosters, Outlines and Materials; includes Ethics, Harassment Prevention & Safety Training & Tailgates) 2 years 5 years 7 years S §3203 et seq., 29 CFR 1627.3(b)(1), LC §6429(c); GC §§12946, 12960, 34090, 53235.2(b), 53237.2(b) RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 609 Ver. 6.0 RECORDS RETENTION SCHEDULE: ANIMAL SERVICES Page AS-1 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image: I=Import Paper after M=Mfr S=Scan DestroyInactive (Records Center) Active (in office) Total Retention Media Options(OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). ANIMAL SERVICES Indefinite - Minimum 3 years Indefinite - Minimum 3 years Animal Services Department preference; Data is interrelated; GC §34090AS-001 AS-002 Animal Registration Database Mag Considered transitory / preliminary draft (the database is the original); GC §34090, GC §6252 When No Longer Required When No Longer Required Animal Services Animal Registration Report Mag, Ppr Animal Services Animal AS-003 AS-004 Animal Trap Deposit Receipts 2 years 3 years 2 years 3 years Ppr GC §34090 et seq. Bite Reports / Rabies Control Records Department Preference; GC §34090 et seq.Yes Mag, PprServices 3 years is required; FA §32003(e), CCP §§336(a), 337 et. seq., GC §34090 3 years is required; FA §32003(e), CCP §§336(a), 337 et. seq., GC §34090 Animal Services AS-005 AS-006 AS-007 AS-008 AS-009 AS-010 Clinics: Spay and Neuter Drug Logs 3 years 3 years 3 years 3 years Ppr PprAnimal Services Investigations / Problem Files (barking, loose dogs, dangerous dog reports, etc.) Animal Services Resolution + 4 years Resolution + 4 years Department Preference; GC §34090 et seq.Mag, Ppr Ppr 3 years is required; FA §32003(e), CCP §§336(a), 337 et. seq., GC §34090 3 years is required; FA §32003(e), CCP §§336(a), 337 et. seq., GC §34090 Animal Services Medical Records, Surgical Records, X-rays 3 years 3 years 3 years 3 years 3 years 3 years Animal Services Meet and Greet / Animal Adoption Contracts Ppr Notices to Comply, Warning Letters / Notices / Citation Books (Off leash, etc.) Animal Services Department preference; GC §34090Mag, Ppr RANCHO CUCAMOGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 610 Ver. 6.0 RECORDS RETENTION SCHEDULE: ANIMAL SERVICES Page AS-2 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image: I=Import Paper after M=Mfr S=Scan DestroyInactive (Records Center) Active (in office) Total Retention Media Options(OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Animal Services AS-011 AS-012 Officer's Daily Log 2 years 3 years 2 years 3 years Mag, Ppr Mag GC §34090, GC §6252 3 years is required for animal treatment records; FA §32003(e), PC §597.1(d); CCP §§336(a), 337 et. seq., GC §34090 Animal Services Rabies Vaccination Clinics Yes Record of All Efforts to Contact Owner and/or Microchip’s Primary Registrant Animal Services FA §§31108.3 and 31752.1; GC §34090AS-012.5 2 years 2 years Mag, Ppr 3 years is required; FA §32003(e), PC §597.1(d); CCP §§336(a), 337 et. seq., GC §34090 Animal Services Rescue Partnerships / Foster Care PartnershipsAS-013 AS-014 AS-015 AS-016 3 years 2 years 3 years 2 years 3 years 2 years 3 years 2 years Mag, Ppr Mag, Ppr Mag, Ppr Mag, Ppr Animal Services Ride-a-Long Waivers GC §34090 et seq. 3 years is required; FA §32003(e), PC §597.1(d); CCP §§336(a), 337 et. seq., GC §34090 Strays / Incoming Animals / Impound Records / Impound Cards / "Relinquishments" Animal Services Animal Services Volunteer Hours GC §34090 et seq. RANCHO CUCAMOGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 611 Ver. 9.0 RECORDS RETENTION SCHEDULE: BUILDING & CODE ENFORCEMENT Page BL-1 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). BUILDING & SAFETY Mag, Mfr, OD, Ppr Building & Safety Address Assignments / Changes / Corrections Department Preference; GC §34090BL-001 BL-002 P P P P S / I S No Department preference;Mag, Yes (all) Mfr, OD, Ppr Building & Safety Yes: After Statewide guidelines propose QC & OD permanent; GC §34090, H&S §19850 Address Files / Building Permits Building Permit Database Data is interrelated; Permits are required for the Life of the Building ; GC §34090; H&S §19850 Building & Safety Indefinite - Permanent Indefinite - PermanentBL-003 BL-004 Yes (all)Mag Upon Expiration, Cancellation or Department preference; Preliminary drafts not retained in the ordinary course of business; CBC §104.7; H&S§19850, GC §34090 Upon Mag, Mfr, OD, Ppr Building & Safety Building Plans - Cancelled, Expired or Withdrawn Expiration, Cancellation or Withdrawal Yes: After QC & ODS S Withdrawal Department Preference; Law requires for the life of the building for commercial and Building Plans - Finalled - INDUSTRIAL, COMMERCIAL, MULTI-FAMILY DWELLINGS, PLACES OF PUBLIC ACCOMMODATION, TENANT IMPROVEMENTS Mag, Yes (all) Mfr, OD, Ppr Building & Safety Yes: After common interest dwellings only; QC & OD Statewide guidelines propose 2 years for blueprints & BL-005 P P specifications; CBC 104.7 & 107.5, H&S§19850, GC §34090 RANCHO CUCAMONGA, CA. ©1995-2019 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 612 Ver. 9.0 RECORDS RETENTION SCHEDULE: BUILDING & CODE ENFORCEMENT Page BL-2 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Department preference; Plans need not be filed for: (a) Single or multiple dwellings not more than two stories and basement in height.(b) Garages and other structures appurtenant to buildings described under subdivision (a).(c) Farm or Yes: After ranch buildings.Building Plans - Finalled - SINGLE FAMILY RESIDENTIAL - SFR and APPURTENANCES Mag, Mfr, OD, Ppr Building & Safety BL-006 P P Yes S QC & OD (d) Any one-story building where the span between bearing walls does not exceed 25 feet. The exemption in this subdivision does not, however, apply to a steel frame or concrete building. CBC requires 180 days from completion date; CBC 104.7 & 107.5, H&S§19850, GC §34090 California Building Code / California Standard Code (12 Parts) Attorney preference for reconstruction issues; GC §50022.6 Building & Safety When SupersededBL-007 BL-008 P P P Mag, Ppr Mag, Yes (all) Mfr, OD, Ppr Building & Safety Yes: After Department Preference; GC QC & OD §34090Certificate of Occupancy (CofO)P S RANCHO CUCAMONGA, CA. ©1995-2019 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 613 Ver. 9.0 RECORDS RETENTION SCHEDULE: BUILDING & CODE ENFORCEMENT Page BL-3 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Construction Notices / Building & Safety Inspection Notices (correction notices, compliance orders, stop work notices, etc.) BL-009 2 years 2 years Mag, Ppr GC §34090 Building & Safety When Finalled When No Longer When Finalled When No Longer BL-010 BL-011 Plan Check Comments Mag, Ppr Mag, Ppr Preliminary Drafts; GC §34090 Building & Safety Preliminary Drafts (the database is the original); GC §34090Reports: Building Activity Required Required Requests & Permissions to Receive Copies of Plans (to and from Architects) Building & Safety BL-012 2 years 2 years Mag, Ppr GC §34090 RANCHO CUCAMONGA, CA. ©1995-2019 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 614 Ver. 17.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-1 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). CITY CLERK Agenda Packets: City Council, Redevelopment Agency, Successor Agency, Oversight Department preference; Yes: After Includes final budget and final QC & OD audit reports / CAFR; GC §34090 Board, Fire Protection District Board, Public Safety Commission, All Subcommittees of the City Council (Public Works Subcommittee, etc.) Mag, Mfr, OD, PprCity Clerk CC-001 2 years P P S / I RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 615 Ver. 17.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-2 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Agreements & Contracts - ALL (INFRASTRUCTURE, OR IF IMAGED, JPAs, MOUs, FRANCHISES) Agreement or Contract includes all contractual obligations (e.g. Specifications and Successful Proposal / Scope of Work) Department Preference; All infrastructure contracts should be permanent for emergency preparedness; Statute of Limitations is 4 Yes: Upon years; 10 years for Errors & Completion Omissions; land records are permanent by law; CCP §337 et. seq., GC §34090; Yes: Before Mag, Mfr, Completion OD, PprCity Clerk CC-002 Completion P P S Examples of Infrastructure: Architects, Buildings, bridges, covenants, development,Contractor has retention environmental, Joint Powers, MOUs, park improvements, property & property restrictions, redevelopment, reservoirs, sewers, sidewalks, street & alley requirements in 48 CFR 4.703 improvements, settlement, subdivisions, utilities, water, etc. RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 616 Ver. 17.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-3 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Agreements & Contracts - ALL (NON-INFRASTRUCTURE, Professional Services Agreements - NOT IMAGED)Department Preference; Statute of Limitations is 4 years; 10 years for Errors & Omissions; land records are permanent by law; CCP §§337. 337.1(a), 337.15, 343; GC §34090, Contractor has retention requirements in 48 CFR 4.703(a) Agreement or Contract includes all contractual obligations (e.g. Specifications and Successful Proposal / Scope of Work) Completion + Yes: BeforeCity Clerk CC-003 Completion 10 years Mag, Ppr10 years Completion Examples of Non-Infrastructure: Consultants, Landscaping, Painting, Slurry Seals (Paving), Tree Trimming, Leases, Personnel, Professional Services, etc. Mag, Mfr, OD, Ppr Yes: After Department preference; GC QC &OD §34090City Clerk City Clerk CC-004 CC-005 Articles of Incorporation P P S / I Board & Commission / Committee Maddy Act Lists / Vacancy Notices Board & Commission Applications (Successful and Unsuccessful) 2 years 2 years Mag, Ppr Mag, Ppr GC §34090 GC §34090City Clerk CC-006 2 years 2 years RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 617 Ver. 17.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-4 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Securities (Performance Bonds, Letters of Credit, CD's, etc.) are normally released after the Notice of Completion is filed. Bond / letter may be replaced with a Warranty Bond, which is usually released 1 year after the Notice of Completion date. GC §34090 Bonds (Performance Bonds, Subdivision Bonds, Letters of Credit) Release of Bond / Letter of Credit Release of Bond / Letter of Credit City Clerk CC-007 Mag, Ppr City Council Subcommittees: Agendas, Minutes All recommendations are presented to the City Council; GC §§34090, 60201 et seq. City Clerk City Clerk CC-008 CC-009 2 years P 2 years P Mag, Ppr(Composed solely of less than a quorum of the City Council) City Council, Board & Commission Historical List of Members Mag, Mfr, OD, Ppr Yes: After Department preference; GC QC &OD §34090S / I S / I Statements filed electronically are required for 10 years; Yes: After City maintains copies only; QC & OD original statements are filed with FPPC; GC §81009(f)(g); GC §84615 Economic Interest Filings (FPPC 700 Series Forms - Statement of Economic Interests): Mag, Mfr, OD, PprCity Clerk City Clerk CC-044 CC-010 10 years 7 years 10 years 7 years ELECTRONICALLY FILED Economic Interest Filings (FPPC 700 Series Forms - Statement of Economic Interests): ALL FILED N PAPER FORMAT City maintains original statements; GC §81009(d)(e)(f)&(g) Mag, Mfr, OD, Ppr Yes: After 2 yearsS / I RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 618 Ver. 17.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-5 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Economic Interest Filings (FPPC Form 602/635) - Lobbyist Authorization Reporting City Clerk CC-011 2 years 5 years 7 years Mag, Ppr 2 CCR 18615(f), GC §34090 FPPC Form 801 (Gift to Agency Report) Yes: After 2 Must post on website; FPPCCity Clerk City Clerk CC-012 CC-013 7 years 7 years 7 years 7 years Mag, Ppr Mag, Ppr Mag, Ppr S / I S / I years Opinion; GC §81009(e FPPC Form 802 (Event Ticket / Pass Distributions Agency Report) FPPC Form 803 (Behested Payment Report) FPPC Form 804 (Agency Report of New Positions) FPPC Form 805 (Agency Report of Consultants) FPPC Form 806 (Agency Report of Public Official Appointments) Yes: After 2 Should post on website for 4 years years; GC §81009(e) GC §81009eYes: After 2 yearsCity Clerk City Clerk City Clerk CC-014 CC-015 CC-016 7 years 7 years S / I S / I S / I Mag, Mfr, OD, Ppr Mag, Mfr, OD, Ppr Yes: After 2 FPPC Regulation 18734(c); years GC §81009e Yes: After 2 FPPC Regulation 18734(c); years GC §81009e P P P P Yes: After 2 Must post on website GC years §34090; GC §81009(e)City Clerk CC-017 7 years 7 years Mag, Ppr S / I RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 619 Ver. 17.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-6 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). ELECTIONS - CONSOLIDATED Assessment District Ballots, City Clerk City Clerk CC-018 CC-019 Protest Letters, & Envelopes - Prop. 218 proceedings 2 years 2 years Ppr GC §53753(e)(2) For Electronic Filings, Data that has been maintained for at least 10 years may then be archived in a secure format; Paper must be retained for at least 2 years; GC Campaign Filings (FPPC 400 Series Forms & Form 501): SUCCESSFUL CANDIDATES (Elected Officials) All, whether filed electronically or not Mag, Mfr, OD, Ppr Yes: After 2 years2 years P P S §81009(b)&(g); GC §84615(i) Campaign Filings (FPPC 400 Series Forms & Form 501): UNSUCCESSFUL Candidates without committees are not required to file their statements, CANDIDATES Mag, Mfr, OD, Ppr Yes: After 2 reports or copies online orCity Clerk CC-020 5 years 5 years SIncludes Unsuccessful Candidates Without Committees that Don't File Electronically years electronically; Paper must be retained for at least 2 years; GC §81009(b)&(g); GC §84615 Campaign Filings (FPPC 400 Series Forms, 501 Form): UNSUCCESSFUL Statements filed electronically are required for 10 years; GC §81009(b)&(g); GC §84615 City Clerk CC-020.1 CANDIDATES,10 years 10 years Mag, Ppr S/I ELECTRONICALLY FILED - WITH or WITHOUT Committees RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 620 Ver. 17.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-7 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Campaign Filings (FPPC 400 Series Forms): THOSE NOT REQUIRED TO FILE ORIGINAL WITH CITY CLERK (copies) Campaign Filings (FPPC 400 Series Forms): OTHER COMMITTEES (PACS - not candidate-controlled) Paper must be retained for at least 2 years; GC §81009(f)&(g) City Clerk City Clerk CC-021 CC-022 4 years 7 years 4 years 7 years Mag, Ppr Mag, Ppr Paper must be retained for at least 2 years; GC §81009(c)&(g) Statewide guidelines proposes 4 years for successful candidates, 2 years for unsuccessful; CA law states term of office and 4 years after the expiration of term for Nomination Papers and does not delineate between the two; EC §17100 Candidate File: Nomination Papers, Candidate Statement Forms, etc. - SUCCESSFUL CANDIDATES Term of Office + 4 years Term of Office + 4 years City Clerk CC-023 Mag, Ppr Department Preference; Statewide guidelines proposes 4 years forCandidate File: Nomination Papers, Candidate Statement Forms, etc. - UNSUCCESSFUL CANDIDATES successful candidates, 2 years for unsuccessful; CA law states term of office and 4 years after the expiration of term for Nomination Papers and does not delineate between the two; EC §17100 Election + 4 years Election + 4 yearsCity Clerk CC-024 Mag, Ppr RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 621 Ver. 17.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-8 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Elections - GENERAL, WORKING or ADMINISTRATION Files (Correspondence, Precinct Maps, County Election City Clerk CC-025 Services, Candidate 2 years 2 years 2 years Mag, Ppr GC §34090 Statements to be printed in the Sample Ballot, Polling Locations and Precinct Board Members, Notices, Postings, etc.) Elections - HISTORICAL (copies of resolutions, final results; Certificate of Election) Mag, Mfr, OD, Ppr Retained for Historical Value, GC §34090City Clerk City Clerk CC-026 CC-027 P P S No Results + 8 months or Final Results + 8 months or Final Examination + 1 year after petition Not accessible to the public; The 8 month retention applies after election results, or final examination if no election, unless there is a legal or FPPC proceeding. EC Elections - Petitions (Initiative, Examination PprRecall or Referendum)+ 1 year after petition examination if insufficient examination if insufficient §§17200(b)(3), 17400 (End of Elections Section) RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 622 Ver. 17.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-9 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). City Clerk determines historical significance;Historical Records,records can address a variety of subjects and media. Some media (e.g. audio and video tape) may be limited because of the media's life Photographs, & Historical Projects (e.g. Incorporation, City Seal, Awards of significant historical interest, etc.) Mag, Mfr, OD, PprCity Clerk CC-028 CC-029 P P P P S No No expectancy; GC §34090 Minutes: City Council, Redevelopment Agency, Successor Agency, Oversight Board, Fire Protection District Board, Public Safety Commission Municipal Code Administration, Distribution, etc. Mag, Mfr, OD, PprCity Clerk S / I GC §34090 GC §34090City Clerk City Clerk CC-030 CC-031 2 years P 2 years P Mag, Ppr Department preference (retain one of each supplement); GC §34090.7 Municipal Code History / Supplements Mag, Mfr, OD, Ppr Yes: After QC'd & ODS / I Oath of Office: City Council, Boards & Commission Members Term of Office + 4 years Term of Office + 4 years Mag, Mfr, OD, Ppr Yes: After Department Preference; GC QC'd & OD §34090City Clerk City Clerk CC-032 CC-033 S / I S / IMag, Mfr, OD, Ppr Yes: AfterOrdinancesPP GC §34090QC'd & OD RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 623 Ver. 17.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-10 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Petitions (submitted to Council on any subject - Dog Parks, Parking, Traffic Calming, etc.)Department preference; only 1 year is required; GC §50115 Mag, Mfr, OD, Ppr Yes: After QC'd & ODCity Clerk CC-034 2 years 2 years S / I See Elections for Initiative, Recall or Referendum Petitions Public Records Requests / Request for Records Mag, Mfr, OD, Ppr Yes: After QC'd & ODCity Clerk City Clerk CC-035 CC-036 2 years 2 years S / I GC §34090 Recorded Documents: ALL - Deeds, Easements, Liens & Releases, Rights of Way, Notices of Completion, Recorded Agreements / Contracts, Certificate of Compliance, etc. Mag, Mfr, OD, Ppr Department preference; GC §34090 et seq.P P Yes (all)S No Recordings - AUDIO of City Council, Redevelopment Agency, Successor Agency, Oversight Board, Fire Protection District Board, Public Safety Commission Department preference; State law only requires for 30 days; GC §54953.5(b) City Clerk City Clerk CC-037 CC-038 2 years 2 years Mag, OD Mag, OD Recordings - VIDEO of City Council, Redevelopment Agency, Successor Agency, Oversight Board, Fire Protection District Board, Public Safety Commission Department Preference; Video recording of meetings are only required for 90 days; GC §§34090.7, 34090 Minimum 3 years Minimum 3 years RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 624 Ver. 17.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-11 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Records Destruction Authorization Forms, Transfers Mag, Mfr, OD, Ppr Yes: After Department preference; GC QC'd & OD §34090City Clerk City Clerk CC-039 CC-040 P P P S / I S / I Records Retention Schedules / Amendments to Records Retention Schedules Mag, Mfr, OD, Ppr10 years P No GC §34090 et. seq. Redistricting Web Page / District Boundary Web Page (Map, Redistricting Process, Agendas, Calendars, Notice, etc.) City Clerk City Clerk CC-046 CC-041 10 years 10 years Mag, Ppr EC §21608(g); GC §34090 Resolutions: City Council, Redevelopment Agency, Successor Agency, Oversight Board, Fire Protection District Board, Public Safety Mag, Mfr, OD, PprPP S / I No GC §34090 GC §34090 Commission Secretary of State Statement of Facts / Registry of Public Agencies City Clerk City Clerk CC-045 CC-042 2 years 2 years Mag, Ppr Ppr When No Longer Required When No Longer Required Preliminary drafts used to produce minutes; GC §34090Speaker Cards RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 625 Ver. 10.0 RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-1 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). CITY MANAGER City Manager CM-014 CM-001 All Hands Meeting Agendas 2 years P 2 years Mag, Ppr GC §34090 City Manager Mag, Mfr, OD, Ppr Yes: After Department Preference; GC QC'd & OD §34090Annual Reports / Strategic Plans P S / I S / ICity Manager Art in Public Places (City Projects, not Developer Projects) Mag, Mfr, OD, Ppr Yes: After Department preference; GC QC & OD §34090CM-015 CM-016 CM-017 5 years P P Brown Act challenges must be filed within 30 or 90 days of action; GC §§34090, City Manager Art In Public Places Committee AGENDAS, AGENDA PACKETS Minimum 2 years Minimum 2 years Mag, Ppr 54960.1(c)(1) City Manager Art In Public Places Committee MINUTES & BYLAWS Mag, Mfr, OD, PprPP S No GC §§34090 City Manager City CM-002 CM-003 Cable TV Complaints 2 years 2 years Mag, Ppr Mag, Ppr GC §34090 Minimum 2 years Minimum 2 years Department Preference; GC §34090City Council CorrespondenceManager When No Longer Required When No Longer Required City Manager Council / Commission Contact Forms Preliminary documents; GC §34090 et seq.CM-004 CM-005 CM-006 Mag, Ppr Mag, Ppr Grand Jury Reports and Responses (Regarding City Operations) Department Preference (the Grand Jury keeps their reports 5 years); GC §34090 City Manager 5 years 2 years 5 years 2 yearsCity Manager Mag, Mfr, OD, Ppr Yes: After QC'd & ODProclamations / Commendations S / I GC §34090 RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 626 Ver. 10.0 RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-2 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Projects, Programs, Subject & Issues (Issues and/or projects will vary over time) City Manager Minimum 2 years Minimum 2 years Department Preference; GC §34090CM-007 CM-008 Mag, Ppr City Manager Mag, Mfr, OD, Ppr Yes: After QC'd & ODPublic Comment Cards 2 years 2 years S / I GC §34090 City Manager City CM-009 CM-010 RCTV Message Request Forms 2 years 2 years 2 years 2 years Mag, Ppr Mag, Ppr GC §34090 et seq. GC §34090 et seq.Speech Notes / PowerPoint PresentationsManager Copies - When No Longer Copies - When No Longer Invoices are maintained by Finance; GC §34090.7FinanceCM-011 Travel / Conferences Mag, Ppr Mag, Ppr Required Required Videos (Public activity, etc. Not City Council or Advisory Body Videos, nor regular, ongoing operations of the City) Content does not relate in a substantive way to the conduct of the public's business; GC §34090 et seq. When No Longer Required When No Longer Required City Manager CM-012 CM-013 CI-001 CI-002 City Manager Mag, Mfr, OD, Ppr Yes: After QC'd & ODWeekly Reports (News & Notes)2 years 2 years S / I GC §34090 COMMUNITY IMPROVEMENT Community Improve. Minimum 2 years When No Longer Required - Minimum 2 years Minimum 2 years When No Longer Required - Minimum 2 years Department Preference; GC §34090CitationsMag, Ppr Mag, Ppr Code Enforcement / Abatement Case Files (Includes appeals and Code Enforcement Complaint Letters) Department preference; Case is open until satisfactorily resolved (some cases are not resolved); CFC §104.3.4, GC §34090 Community Improve. Yes: Until Resolution RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 627 Ver. 16.0 RECORDS RETENTION SCHEDULE: COMMUNITY SERVICES Page CS-1 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). COMMUNITY SERVICES Copies - When No Longer Copies - When No Longer Risk Management Accident / Incident Reports (Members of the Public)CS-001 CS-002 Mag, Ppr GC §34090.7 Required Required Activity / Special Programs / Special Event Files & Reports / ABC Permits, where required When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Community Services Department preference; GC §34090Mag, Ppr Mag, Ppr After School, Children's Programs, Cultural Arts, Sports, Seniors, Filming, Theatre Programs etc. Community Services CS-003 CS-004 Armored Car Manifests 2 years P 2 years P GC §34090 Art in Public Places / Artists in Residence - Successful Placements Mag, Mfr, OD, Ppr Community Services Yes: After Department preference; GC QC & OD §34090S / I When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Art in Public Places / Artists in Residence - Unsuccessful Proposals Community Services Department preference; GC §34090CS-005 Mag, Ppr Yes: Upon Department preference; Statute of Limitations:Artist Contracts Includes Insurance Certificates and Completion Administration Records Yes: Before Completion Mag, Mfr, OD, Ppr Community Services Completion + 5 yearsCS-006 CS-007 5 years S/I Completio Contracts & Spec's=4 years; n CCP §337 et. seq., GC §34090 Community Services 2 years, unless it is a preliminary draft; GC §34090Attendance Tracking 2 years 2 years Mag, Ppr RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 628 Ver. 16.0 RECORDS RETENTION SCHEDULE: COMMUNITY SERVICES Page CS-2 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Capital Improvement Projects (CIP - where Community Services is the Lead): Administration File / NOT Scanned Department preference; Some grant funding agencies require audits; Statute of Limitations for Errors & Omissions is 10 years; Statute of Limitations: Contracts & Spec's=4 years, Wrongful Death=comp. + 5 years, Developers=comp. + 10 years; Statewide guidelines propose termination + 5 years; CCP §337 et. seq., GC §34090 10 years or Completion + After 10 years or Funding After FundingProject Administration, Certified Payrolls, Community Outreach / Notifications, Project Schedules, Progress meetings, Punch Lists, Real Estate Appraisals, RFIs & Responses, Temporary Easements, Construction Manager's Logs, Daily Inspections, Daily Logs, etc. Community Services Upon Completion Agency Audit, if required, Agency Audit, if required, Yes: Until CompletedCS-008 Mag, Ppr whichever is whichever is longer longer RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 629 Ver. 16.0 RECORDS RETENTION SCHEDULE: COMMUNITY SERVICES Page CS-3 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Capital Improvement Projects (CIP - where Community Services is the Lead): Permanent File / Scanned Records Specifications / RFP & Addenda, Agreement / Contract (copy), Successful Proposal, Change Orders, Geotechnical Studies & Reports, Operations & Maintenance Manuals (O&M Manuals,) Materials Testing Reports, Grading Permits, Hazardous Materials Plans, Notice of Completion, Photos, Soil Department preference; retained for disaster preparedness purposes; Statewide guidelines propose Permanent for Infrastructure plans; GC §34090 Mag, Mfr, OD, Ppr Yes: Complet. + 10 years Community Services Upon Completion Yes: Until CompletedCS-009 P P S/I Reports, Studies, Submittals, Surveys, etc. Yes: Upon Department preference; Statute of Limitations:Class Instructors Contracts Includes Insurance Certificates and Completion Administration Records Yes: Before Completion Mag, Mfr, OD, Ppr Community Services Completion + 5 yearsCS-010 5 years 5 years S/I S/I Completio Contracts & Spec's=4 years; n CCP §337 et. seq., GC §34090 Yes: Upon Department preference; Statute of Limitations:Yes: Before Completion Mag, Mfr, OD, Ppr Community Services Completion + 5 yearsCS-011 CS-015 Client / Provider Agreements Credit Card Receipts Completion 2 years Completio Contracts & Spec's=4 years; n CCP §337 et. seq., GC §34090 Lead Dept. & Finance City preference (not all detail is sent to Finance); GC §340902 years Mag, Ppr RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 630 Ver. 16.0 RECORDS RETENTION SCHEDULE: COMMUNITY SERVICES Page CS-4 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Indefinite - Minimum 2 years Indefinite - Minimum 2 years Community Services Customer Relations / Member Database Data fields are inter-related; GC §34090 et seq.CS-016 CS-017 Mag, Ppr Mag, Ppr Deposits / Cash Receipts Detail / Backup / Accounts Receivable Detail / Refund Detail Lead Dept. & Finance City preference (not all detail is sent to Finance); GC §340902 years 2 years When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Community Services Department Preference; GC §34090CS-018 CS-019 Donations Mag, Ppr Mag, Ppr Content does not relate in a substantive way to the conduct of the public's business; GC §34090 When No Longer Required When No Longer Required Community Services Evaluations / Surveys (of programs) Event Service Agreements / ESS Contracts / Special Event Contacts / Professional Service Agreements (PSAs) Includes Insurance Certificates and Administration Records Yes: Upon Department preference; Statute of Limitations:Yes: Before Completion Mag, Mfr, OD, Ppr Community Services Completion + 5 yearsCS-020 Completion 5 years S/I Completio Contracts & Spec's=4 years; n CCP §337 et. seq., GC §34090 Facility Use Rental Contracts / Field Use Contracts / Facility Use Requests (includes insurance certificates and/or ABC Permit) Yes: Before Event Community Services CS-021 CS-022 2 years 2 years 2 years 2 years Mag, Ppr Mag, Ppr GC §34090 GC §34090Community Services Fundraising Events RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 631 Ver. 16.0 RECORDS RETENTION SCHEDULE: COMMUNITY SERVICES Page CS-5 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Lead Dept. & Finance City preference (not all detail is sent to Finance); GC §34090CS-023 CS-024 CS-025 CS-026 Gift Shop Sale Receipts 2 years 2 years Mag, Ppr Mag, Ppr Mag, Ppr When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years House Reports / Program Files / Event Files / Sponsored Vouchers / Coupons (Theatre) Community Services Department Preference; GC §34090 Includes Contract Billing Department preference (meets auditing standards); GC §34090 Community Services Lewis Family Playhouse Memberships Inactive + 5 years Inactive + 5 years Original Staff Reports are filed in the project file; Brown Act challenges must be filed within 30 or 90 days of action; GC §§34090, 54960.1(c)(1) Park and Recreation Commission AGENDA PACKETS & AGENDAS Park and Recreation Commission Mag, Mfr, OD, Ppr Community Services Yes: After 2 yearsPPS / I City preference; State law only requires for 30 days; GC §54953.5(b) Community Services Tape (Mag)CS-027 CS-028 2 years P 2 years P AUDIO RECORDINGS of Meetings / Audio Tapes Park and Recreation Commission Mag, Mfr, OD, Ppr Community Services Yes S No GC §34090MINUTES RESOLUTIONS & BYLAWS Yes: Upon Department preference; Statute of Limitations:Performance Contracts Includes Insurance Certificates and Completion Administration Records Yes: Before Completion Mag, Mfr, OD, Ppr Community Services Completion + 5 yearsCS-029 5 years S/I Completio Contracts & Spec's=4 years; CCP §337 et. seq., GC §34090n RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 632 Ver. 16.0 RECORDS RETENTION SCHEDULE: COMMUNITY SERVICES Page CS-6 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Yes: Before Event Community Services CS-030 CS-031 Photo Waivers 2 years 2 years Mag, Ppr Mag GC §34090 Indefinite - Minimum 2 years Indefinite - Minimum 2 years Community Services Department Preference; data is interrelated; GC §34090Recreation Database (Active Net) Registration / Applications / Liability Forms / Release of Liability Forms / Permissions: Camps, Field Trips, Authorization to give Medicine, etc. Yes: During Class or Program Community Services CS-032 2 years 2 years 2 years 2 years Mag, Ppr GC §34090 Yes: Before Event Community Services CS-033 CS-034 CS-035 Safety Inspections Schedules / Hours Scholarships Mag, Ppr Mag, Ppr Mag, Ppr GC §34090 When No Longer Required When No Longer Required Preliminary drafts not retained in the ordinary course of business; GC §34090 Department Preference (meets auditing standards); GC §34090 Community Services Community Services 5 years 5 years Senior Advisory Committee - All Records (Members are not Appointed by the City Council) Sign-in / Sign-Out Sheets for classes and programs Sports Advisory Committee - All Records (Member are not Appointed by the City Council) Community Services CS-037 CS-039 CS-040 2 years 2 years 2 years 2 years 2 years 2 years Mag, Ppr Mag, Ppr Mag, Ppr GC §34090 GC §34090 GC §34090 Community Services Community Services RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 633 Ver. 16.0 RECORDS RETENTION SCHEDULE: COMMUNITY SERVICES Page CS-7 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). When No Longer Required When No Longer Required Preliminary drafts not retained in the ordinary course of business; GC §34090 Community Services Sports Organizations / Non-Profit Organizations (Little League, etc.)CS-041 Mag, Ppr Preliminary drafts / Transitory records - NOT made or When No Longer Required When No Longer Required retained for the purpose of preserving the informational content for future reference, GC §34090; 64 Ops. Cal. Atty. Gen. 317 (1981)) Community Services CS-042 Sports Score Sheets, Schedules Mag, Ppr When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Yes: Before Event Community Services Theatre Member Files / Patron Files (Gym, etc.) Department Preference; GC §34090CS-043 CS-044 Mag, Ppr Mag, Ppr When No Longer Required When No Longer Required Preliminary drafts not retained in the ordinary course of business; GC §34090 Community Services Ticket Stubs Consistent with employee personnel files (Courts treat volunteers as employees); EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; 29 CFR 1602.31 & 1627.3(b)(1), 8 CCR Volunteer / Unpaid Intern Applications & Agreements - Unsuccessful or Pending Applicants Lead Dept.CS-045 3 years 3 years Ppr §3204(d)(1) et seq., GC §§12946, 12960, 34090 RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 634 Ver. 16.0 RECORDS RETENTION SCHEDULE: COMMUNITY SERVICES Page CS-8 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Courts treat volunteers as employees; EEOC/FLSA/ADEA (Age) requires 3 years forVolunteer / Unpaid Intern Applications & Agreements (includes emergency contact information) - Successful Applicants promotion, demotion, transfer,Inactive / Separation + 3 years Inactive / Separation + 3 years Mag, Mfr, OD, Ppr Yes: 1 selection, or discharge; StateLead Dept.CS-046 CS-047 S year Law requires 2 -3 years; 29 CFR 1602.31 & 1627.3(b)(1), 8 CCR §3204(d)(1) et seq., GC §§12946, 12960, 34090; 29 USC 1113 Community Services Waivers of Liability 2 years 2 years Mag, Ppr GC §34090 RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 635 Ver. 7.0 RECORDS RETENTION SCHEDULE: DEPARTMENT OF INNOVATION & TECHNOLOGY Page DOIT-1 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). DEPARTMENT OF INNOVATION & TECHNOLOGY Used for Disaster Recovery Depart. of Innovation & Purposes Only; Considered a copy and can be destroyed when no longer required; tapes are in autochangers and are overwritten; GC §34090 et seq. Backups / Computer Backups DOIT-001 (ALL Disaster Recovery Computer Backups) - DAILY When No Longer Required When No Longer Required Yes Mag. Mag. Technology Used for Disaster Recovery Purposes Only; Store off-site in commercial storage for disaster recovery; Considered a copy and can be destroyed when no longer required; retention based on administrative value; recycle tapes; GC §34090 et seq. Depart. of Innovation & When No Longer Required When No Longer Required DOIT-002 Backups - WEEKLY Yes Yes Technology Depart. of Innovation & Network Configuration Maps & PlansDOIT-003 DOIT-004 2 years 2 years Mag. OD GC §34090 et seq. Technology For legal compliance for UNALTERABLE MEDIA /Trustworthy Electronic Records (when the electronic record serves as the official record); must be stored in a "safe and separate location"; GC 34090, 12168.7, EVC 1550, 2 CCR 22620 et seq. Depart. of Innovation & IMMUTABLE CLOUD BACKUP / WORM / DVD-r / CD-r / Blue Ray- R or other UNALTERABLE MEDIA that does not permit additions, deletions, or changes P P Technology RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 636 Ver. 7.0 RECORDS RETENTION SCHEDULE: ECONOMIC DEVELOPMENT, HOUSING, RDA, SUCCESSOR AGENCY Page ED-1 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). ECONOMIC DEVELOPMENT / FORMER REDEVELOPMENT / SUCCESSOR AGENCY Economic Develop. / RDA / Successor Agency Economic Develop. / RDA / Successor Agency Economic Develop. / RDA / Economic Development Projects, Programs, Subject & Issues (Issues and/or projects will vary over time) Minimum 2 years Minimum 2 years Department Preference; GC §34090ED-001 ED-002 ED-003 ED-004 ED-005 Mag, Ppr Mag, Ppr Mag, Ppr Department Preference; GC §34090Mobile Home Accords Real Estate Appraisals P P Department preference, meets municipal auditing standards; GC §34090 5 years 5 years Successor Agency Recorded Documents: ALL - Deeds, Easements, Liens & Releases, Rights of Way, Notices of Completion, Recorded Copies - When No Longer Copies - When No Longer Mag, Mfr, OD, Ppr Finals are maintained by City Clerk; GC §34090 et seq.City Clerk Yes (all)S No Required RequiredAgreements / Contracts, etc. Economic Develop. / RDA / Successor Agency Redevelopment Long Range Property Management Plans, Oversight Plans Completion + 10 years Completion + 10 years Department preference; GC §34090Mag, Ppr RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 637 Ver. 7.0 RECORDS RETENTION SCHEDULE: ECONOMIC DEVELOPMENT, HOUSING, RDA, SUCCESSOR AGENCY Page ED-2 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Economic Develop. / RDA / Successor Agency Department Preference for Historical Purposes; GC §34090ED-006 Redevelopment Plans P P Mag, Ppr Mag, Ppr Redevelopment Projects & Project Areas Planning, Building and Engineering retains final documents of construction projects (transfer any CIP project files to Engineering); Covers various Statute of Limitations; CCP §337 et seq.; GC §34090 Economic Develop. / RDA / Successor Agency (Ensure Planning has all Environmental Documents, Engineering has all CIP Projects, and City Clerk has all Real Property records for Permanent retention) Completion + 10 years Completion + 10 yearsED-007 Economic Develop. / RDA / Successor Agency Department preference, meets municipal auditing standards; CCP §337 et seq.; GC §34090 Completion + 5 years Completion + 5 yearsED-008 ED-009 Relocations Mag, Ppr Mag, Ppr HOUSING Foreclosure Notices / Notices of Disposition + Defaults (NOD) 5 years Disposition + 5 years City Attorney preference; GC §34090Housing RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 638 Ver. 7.0 RECORDS RETENTION SCHEDULE: ECONOMIC DEVELOPMENT, HOUSING, RDA, SUCCESSOR AGENCY Page ED-3 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). HUD requires 5 years after the project completion; documents imposing recapture / resale 5 years after the Affordability Period Terminates, or the Written Agreement Terminates, Whichever is Longer After the Affordability Period Terminates, or the Housing Programs: Affordable Housing Projects, Rehabilitation, CDBG-funded Housing Projects, etc. restrictions are 5 years after the affordability period terminates; Yes: When Uniform Admin. Requirements Inactive for Grants to Local Governments is 3 years from expenditure Mag, Mfr, OD, PprHousingED-010 5 years S / IWrittenWITH a Recapture / Resale Restriction Agreement Terminates, Whichever is Longer report; 2 CFR 200.334; 24 CFR 92.508(a)&(c) & 570.502(a)(16), 982.158, 884.214; 29 CFRDeeds are sent to City Clerk 97.42, GC §34090 Housing Programs: Affordable Housing Projects, Rehabilitation, CDBG-funded Housing Projects, etc. HUD requires 5 years after the agreement terminates; Consistent with Consolidated Plan Requirements; Required for Yes: After 3-4 years from expenditure or QC & OD performance report; 2 CFR 200.334; 24 CFR 92.508(a)&(c) & 570.502(a)(16), 982.158, Loan Pay-off OR Loan Pay-off OR Forgiveness + 5 years Mag, Mfr, OD, PprHousing Housing ED-011 ED-012 S / IWITHOUT a Recapture / Resale Forgiveness Restriction + 5 years Deeds and Insurance are sent to City Clerk 884.214; 29 CFR 97.42, GC §34090 Loan Applications / Potential Buyers Denied, Cancelled or Withdrawn (First Time Home Buyers, Life/Safety, Rehabilitation, HOME, etc.) 2 years 2 years Mag, Ppr GC §34090 RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 639 Ver. 7.0 RECORDS RETENTION SCHEDULE: ECONOMIC DEVELOPMENT, HOUSING, RDA, SUCCESSOR AGENCY Page ED-4 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Preliminary Application Form (required for a housing Various benchmarks are placed using the number of residential dwelling units on the project site within the last five years; GC §§34090, 66300. development project that includes residential units; form is provided by California Department of Housing & Community Housing ED-013 5 years 5 years Mag, Ppr Development RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 640 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-1 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). ENGINEERING ADMINISTRATION (SEE CITY-WIDE) CAPITAL PROJECTS Capital Improvement Projects Department preference; Some grant funding agencies require audits; Statute of Limitations for Errors & Omissions is not applicable; Statute of Limitations: Contracts & Spec's=4 years; Statewide guidelines propose termination + 5 years; CCP §337 et. seq., GC §34090 (CIP): Maintenance Projects - Not Involving Professional Design Professional Services (All Records) 5 years or Completion + After 5 years or Funding After FundingEngineering Services / Capital Upon Completion Agency Audit, if required, Agency Audit, if required, Yes: Until CompletedENG-001 Mag, Ppr Examples of Maintenance Projects: Painting, Pavement Overlays, Repairs, Ramps, Re- Roof, Sidewalk Repairs, Slurry Seals, etc. Projects whichever is whichever is longer longer Capital Improvement Projects (CIP): Administration File / NOT Scanned Department preference; Some grant funding agencies require audits; Statute of Limitations for Errors & Omissions is 10 years; Statute of Limitations: Contracts & Spec's=4 years, Wrongful Death=comp. + 5 years, Developers=comp. + 10 years; Statewide guidelines propose termination + 5 years; CCP §337 et. seq., GC §34090 10 years or Completion + After 10 years or Funding After FundingProject Administration, Certified Payrolls, Community Outreach / Notifications, Project Schedules, Progress meetings, Punch Lists, Real Estate Appraisals, RFIs & Responses, Temporary Easements, Construction Manager's Logs, Daily Inspections, Daily Logs, Photos, etc. Engineering Services / Capital Upon Completion Agency Audit, if required, Agency Audit, if required, Yes: Until CompletedENG-002 Mag, Ppr Projects whichever is whichever is longer longer RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 641 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-2 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Capital Improvement Projects (CIP): Permanent File / Scanned Records Specifications & Addenda,Department preference; retained for disaster preparedness purposes; Statewide guidelines propose Permanent for Infrastructure plans; GC §34090 Agreement / Contract (copy), Successful Proposal, Change Orders, Geotechnical Studies & Reports, Operations & Maintenance Manuals (O&M Manuals,) Materials Testing Reports, Grading Permits, Engineering Services / Capital Mag, Mfr, OD, Ppr Yes: Complet. + 10 years Upon Completion Yes: Until CompletedENG-003 P P S/I Projects Hazardous Materials Plans, Notice of Completion, Soil Reports, Studies, Submittals, Surveys, etc. Data Fields / Records are interrelated; Covers Statute of Limitations for Errors & Omissions; GC §34090, CCP§ 3371 and 337.15 Engineering Services / Capital Indefinite - Minimum 10 years Indefinite - Minimum 10 years Construction Inspection DatabasesENG-004 ENG-005 Yes Mag Projects Engineering Services / Capital Mag, Mfr, OD, Ppr Design & Construction Standards - Authored by the City Yes: After Department Preference; GC QC & OD §34090PPS/I Projects RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 642 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-3 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Drafts should be destroyed; Engineering Services / Capital Drawings, Maps, Plans and Some maps are also retained by Planning; Selected maps are retained in Public Works for administrative purposes; GC §34090, 34090.7 Mag, Yes (all) Mfr, OD, Ppr Record Drawings, Large-Format Drawings, Capital Improvement Project "As-Built", Base Maps ENG-006 P P S No Projects RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 643 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-4 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). ENVIRONMENTAL PROGRAMS Engineering Services / Environment al Programs Department preference (Preliminary drafts); GC §34090ENG-007 ENG-008 CCTV - Storm Drains 2 years 2 years Mag, Ppr Mag, Ppr Engineering Services / Environment al Programs Construction Diversion / Deposit, Reimbursement, etc. Department preference; GC §3409010 years 10 years Department preference; Monitoring records required for 3 years; POTW reports are required for 3 years; 40 CFR 403.12; GC §34090 Engineering Services / Environment al Programs FOG (Fats, Oil & Grease) / Source Control / Pretreatment Annual / Semi-Annual Reports ENG-009 3 years 3 years Mag, Ppr Mag, Ppr Engineering Services / Environment al Programs Household Hazardous Waste / Recycling/Disposal / Participant Logs 14 CCR 18813.4; 22 CCR 66262.40 et seq.; GC §34090ENG-010 ENG-011 3 years 5 years 3 years 5 years Engineering Services / Environment al Programs Required for a minimum of 5 Yes: After years; SWRCB Order 2002- QC & OD 0103-DWQ & 2006-03; 40 CFR 122.41(j)(2); GC §34090 Mag, Mfr, OD, Ppr Sanitary Spills and Overflows (SSOs)S / I RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 644 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-5 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Department preference; SSMPs are required to be updatedSewer System Management Plans (SSMP) and Audits / Sanitary ENG-011.5 Spills Overflow Prevention Plan (SSOPP) and Sanitary Sewer Engineering Services / Environment al Programs every 6 years; SSOs are Yes: After required for a minimum of 5 QC & OD years; 40 CFR 122.41(j)(2); SWRCB General Order 2006- 03; & 2022-0103-DWQ; GC §34090 Mag, Mfr, OD, Ppr Superseded + 5 years Superseded + 5 years S / I Overflow Response Plan Department preference; SB 1383 compliance is required for 5 years; Low-Carbon Fuel Standard regulations credits can be received for 10 years, and are eligible for an extension; 14 CCR § 18995;.2 H&S §39730.7; GC §34090 et seq. Solid Waste Reduction / Recycling / AB 939 Compliance / Tonnage Reports / SB 1383 Compliance (Organic Waste Collection and Recycling) Engineering Services / Environment al Programs ENG-012 10 years 10 years Mag, Ppr Mag, Ppr Engineering Services / Environment al Programs Department preference; GC §34090ENG-013 ENG-014 Solid Waste Tonnage / AB 939 Stormwater Illicit Discharges 10 years 5 years 10 years 5 years Required for a minimum of 5 years; 40 CFR 122.41(j)(2); SWRCB Order 2006-03; 40 CFR §§122.21, 122.41, 122.44; GC §34090 Engineering Services / Environment al Programs Mag, Mfr, OD, Ppr Yes (after 2 years)S / I RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 645 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-6 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Department Preference;Engineering Services / Environment al Programs Monitoring records required for 3 years; 40 CFR §§122.21, 122.41, 122.44; CCP §337 et seq. Stormwater Monitoring / NPDES Monitoring and InspectionENG-015 5 years 5 years 5 years Mag, Ppr Required for a minimum of 5 years; 40 CFR 122.41(j)(2); SWRCB Order 2006-03; 40 CFR §§122.21, 122.41, 122.44; GC §34090 Engineering Services / Environment al Programs Mag, Mfr, OD, Ppr Yes: After QC & ODENG-016 ENG-017 ENG-018 Stormwater: Business Inspections 5 years 5 years S / I S / I Engineering Services / Environment al Programs Department preference; Yes: After Monitoring records required forMag, Mfr, OD, Ppr Stormwater: NPDES Annual Reports 5 years QC 3 years; 40 CFR §§122.21, 122.41, 122.44 Department Preference; Monitoring records required for 3 years; 40 CFR §§122.21, 122.41, 122.44; CCP §337 et seq. Engineering Services / Environment al Programs Expiration + 5 years Expiration + Yes: UntilStormwater: NPDES Permits Mag, Ppr5 years 5 years P Expiration Department preference; plans must be updated every 5 years, Yes: After audits are required every 2 QC & OD years; SWRCB Order 2006-03; 40 CFR §§122.21, 122.41, Engineering Services / Environment al Programs Mag, Mfr, OD, Ppr Stormwater: TMDL Plan (Total Maximum Daily Load) PlanENG-019 ENG-020 5 years S / I S / I 122.44; GC §34090 Engineering Services / Environment al Programs Water Quality Management Plans (Commercial, Private Development) Mag, Mfr, OD, Ppr Yes: After Department preference; GC QC & OD §34090P RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 646 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-7 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). GENERAL ENGINEERING Engineering Services / General Mag, Mfr, OD, Ppr Department Preference; GC §34090ENG-021 ENG-022 Aerial Maps (Analog / Historical) Benchmarks P P P P S / I S/I No Engineering Engineering Services / General Mag, Mfr, OD, Ppr Yes: After Department Preference; GC QC & OD §34090 Engineering Department preference; Some correspondence from Regulatory Agencies need to be retained for long periods of time; GC §34090 Engineering Services / General Correspondence - Regulatory Agencies Not Related to a CIP (State & Federal Agencies, EPA, Health Department, etc.) Yes: While Mag,Minimum 2 years Minimum 2 years Yes: After QCENG-023 ENG-024 Active Issues Mfr, OD, Ppr S Engineering Encroachment Permits / Engineering Services / General Excavation Permits: Temporary (Street Permits, Temporary Construction, Sidewalk Repairs, Traffic Control, Utility Cuts etc.) Includes Insurance Certificates Final / Completion + 2 years Final / Completion + 2 years Yes: Until Completion Mag, Ppr GC § 34090 Engineering Engineering Services / General Encroachments - Permanent (Permanent structures in the City's Right of Way) Mag, Mfr, OD, Ppr Yes: After Department Preference; GC QC & OD §34090ENG-025 ENG-026 P P S Engineering Engineering Services / General Data Fields / Records are interrelated; Some Encroachment Permits are Permanent; GC §34090 Indefinite - Permanent Indefinite - PermanentEngineering Permits Database Yes Mag Engineering RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 647 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-8 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Engineering Services / General Engineering Studies / Surveys - Preliminary Studies / Project Assessments Mag, Mfr, OD, Ppr Yes: After Department Preference; GC QC & OD §34090ENG-027 ENG-028 ENG-029 ENG-031 ENG-032 P P P P P P P P S/I S Engineering Engineering Services / General Geotechnical and Soil Reports; Hydrology Reports (Authored on behalf of the City) Mag, Mfr, OD, Ppr Yes: After Department Preference; GC QC & OD §34090 Engineering Engineering Services / General Mag, Mfr, OD, Ppr Grading Plans, Grading Plans & Grading Certificates Yes: After Department Preference; GC QC & OD §34090S Engineering Engineering Services / General Master Plans: Bikeway, Park, Pavement, Sewer, Traffic, Transportation, Water Master Plan, etc. Mag, Mfr, OD, Ppr Department preference; Drafts should be destroyed; GC §34090 Yes: After QC & ODS Engineering Copies - When No Longer Copies - When No LongerCity Clerk Public Works Subcommittee Mag Ppr GC §34090.7 Required Required Recorded Documents: ALL - Deeds, Easements, Liens & Releases, Rights of Way, Notices of Completion, Recorded Agreements / Contracts, Certificate of Compliance, etc. Copies - When No Longer Mag, Yes (all) Mfr, OD, Ppr Even if documents are e- recorded, send all finals to the City Clerk; GC §34090 et seq. City Clerk ENG-033 P P S No Required Send all originals to City Clerk, even if they are e-recorded. RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 648 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-9 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). LAND DEVELOPMENT AND TRANSPORTATION Building ENG-034 Plan Checks for Building Permits 2 years 2 years Mag, Ppr GC §34090 et seq. Private Land Development Projects / Job Files: Administration File Construction Inspections, Correspondence, Photos, Private Lab Verifications, Testing Lab Final Reports, etc. Statute of Limitations for Errors & Omissions is 10 years; Statute of Limitations: Contracts & Spec's=4 years, Wrongful Death=comp. + 5 years, Engineering Services / Land Dev. & Transportatio n Upon Completion Completion + Yes: UntilENG-035 10 years Mag, Ppr10 years Completed Examples of Development Projects: CUPs, Lot Line Adjustments, Parcel Maps, Precise Alignment, Specific Plans, Subdivisions, Tract Maps, Tracts,. TPMs, TSMs Developers=comp. + 10 years; CCP §337 et. seq., GC §34090 RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 649 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-10 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Private Land Development Projects / Job Files: Permanent Files Drainage, Driveway, Grading Plans, Rights of Way, Soil Reports, Engineering Services / Land Dev. & Transportatio n Stormwater, etc.Department preference; Yes: After retained for disaster QC & OD preparedness purposes; GC §34090 Mag, Mfr, OD, Ppr Upon Completion Yes: Until CompletedENG-036 Dedications, Easements, Abandonments (City Clerk is OFR) P P S/I Examples of Development Projects: CUPs, Lot Line Adjustments, Parcel Maps, Precise Alignment, Specific Plans, Subdivisions, Tract Maps, Tracts,. TPMs, TSMs Copies - When No Longer Copies - When No LongerPoliceENG-037 ENG-038 Traffic Collision Reports Mag Ppr Mag Ppr copies; GC §34090.7 Required Required Engineering Services / Land Dev. & Transportatio n Traffic Congestion Management Plans / Transportation Plans Department preference; GC §3409010 years 10 years RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 650 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-11 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Engineering Services / Land Dev. & Transportatio n Department preference; GC §34090ENG-039 ENG-040 ENG-041 ENG-042 ENG-043 Traffic Counts 10 years 5 years 2 years 10 years P 10 years 5 years 2 years 10 years P Mag Ppr Mag Ppr Mag Ppr Mag Ppr Engineering Services / Land Dev. & Transportatio n Traffic Investigation Reports Self-Haul Permits GC §34090 GC §34090 Engineering Services / Land Dev. & Transportatio n Engineering Services / Land Dev. & Transportatio n Department preference (required every 5 years, but can be extended to 7 or 10 years); GC §34090 Traffic Speed Surveys Engineering Services / Land Dev. & Transportatio n Transportation Studies / Traffic Studies / Warrants: Signals, Stop Signs, Crossing Guards, etc. Mag, Mfr, OD, Ppr Yes: After Department preference; GC QC & OD §34090S/I RCMU - RANCHO CUCAMONGA MUNICIPAL UTILITIES 2 years 2 years Engineering Services / RCMU Department Preference; GC §34090RCMU-001 Applications for Service Mag, Ppr RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 651 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-12 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Lead Dept.RCMU-002 AQMD Permits (Generators, etc.)5 years 5 years Mag, Ppr 40 CFR 70.6; GC §34090 Engineering Services / RCMU RCMU-003 Armored Car Manifests 2 years 2 years Mag, Ppr GC §34090 Bulk Power Log Sheets / Purchasing / Suppliers (Evaluations, Financial Data. Reports or Studies) Engineering Services / RCMU Department Preference; GC §34090RCMU-004 10 years 10 years Mag, Ppr Capital Improvement Projects (CIP - RCMU): Administration File / NOT Scanned (Electricity, Fiber or Street Lights Only) Department preference; Some grant funding agencies require audits; Statute of Limitations for Errors & Omissions is 10 years; Statute of Limitations: Contracts & Spec's=4 years, Wrongful Death=comp. + 5 years, Developers=comp. + 10 years; Statewide guidelines propose termination + 5 years; CCP §337 et. seq., GC §34090 10 years or Completion + After 10 years or Project Administration, Certified Payrolls, Community Outreach / Notifications, Project Schedules, Progress meetings, Punch Lists, Real Estate Appraisals, RFIs & Responses, Temporary Easements, Construction Manager's Logs, Daily Inspections, Daily Logs, etc. Funding After FundingEngineering Services / RCMU Upon Completion Agency Audit, if required, Agency Audit, if required, Yes: Until CompletedRCMU-005 Mag, Ppr whichever is whichever is longer longer RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 652 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-13 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Capital Improvement Projects (CIP - RCMU): Permanent File / Scanned Records (Electricity, Fiber or Street Lights Only Specifications / RFP & Addenda,Department preference; retained for disaster preparedness purposes; Statewide guidelines propose Permanent for Infrastructure plans; GC §34090 Agreement / Contract (copy), Successful Proposal, Change RCMU-006 Orders, Geotechnical Studies & Reports, Operations & Engineering Services / RCMU Mag, Mfr, OD, Ppr Yes: Complet. + 10 years Upon Completion Yes: Until CompletedPP S/I Maintenance Manuals (O&M Manuals,) Materials Testing Reports, Grading Permits, Hazardous Materials Plans, Notice of Completion, Photos, Soil Reports, Studies, Submittals, Surveys, etc. Data Fields / Records are interrelated; meets municipal government auditing standards; GC §34090 Engineering Services / RCMU Indefinite - Minimum 5 years Indefinite - Minimum 5 years Customer Information Service (CIS) DatabaseRCMU-007 RCMU-008 Mag Department of Energy (DOE) & Federal Energy Regulatory Commission (FERC) Licenses and Regulatory Correspondence Engineering Services / RCMU Mag, Mfr, OD, Ppr Yes (after Department Preference; GCP P P P S / I QC)§34090 Engineering Services / RCMU Department of Energy (DOE) & RCMU-009 Federal Energy Regulatory Commission (FERC) Reports Department Preference; GC §34090Mag, Ppr RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 653 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-14 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Copies - When No Longer Copies - When No Longer Mag, Mfr, OD, Ppr Yes: After QCCity Clerk RCMU-010 Easements S (copies); GC §34090.7 Required Required Engineering Services / RCMU Mag, Mfr, OD, Ppr Department Preference (Engineering has originals); GC §34090.7 Electricity Drawings / As-Builts / Record Drawings Yes (after QC)RCMU-011 P P S / I Engineering Services / RCMU Equipment Records (Manuals, RCMU-012 Tests, Inspections, Studies, Reports) Disposal of Equipment + 2 years Disposal of Equipment + 2 years Department Preference; CCP §337 et. Seq., GC §34090Mag, Ppr Engineering Services / RCMU Mag, Mfr, OD, Ppr Facility Histories / Infrastructure Design Yes (after Department Preference; GCRCMU-013 P P S / I QC)§34090 Generator Operation Logs & Lead Dept. Lead Dept. RCMU-014 Inspections - Fixed / Stationary Generators Generator Operation Logs & RCMU-015 Inspections - Portable / Emergency Generators 3 years 5 years P 3 years 5 years P Mag, Ppr Mag, Ppr AQMD Rule 1470; GC §34090 AQMD Rule 1470; Form 400–E–13a instructions; GC §34090 Engineering Services / RCMU Mag, Mfr, OD, Ppr Joint Pole Agreements, History, Maintenance (Card Files) Yes (after Department Preference; GCRCMU-016 RCMU-017 S / I S / I QC)§34090 Engineering Services / RCMU Mag, Mfr, OD, Ppr Department Preference (meets municipal government auditing requirements); GC §34090 Joint Pole Invoices / Accounts Receivable Yes (after QC)5 years 10 years 5 years 10 years Engineering Services / RCMU Department Preference; GC §34090RCMU-018 Load Records Mag, Ppr RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 654 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-15 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Engineering Services / RCMU Payments / Credit Card Receipts - RCMU Department preference (meets auditing standards); GC §34090RCMU-019 RCMU-020 5 years 5 years Mag, Ppr Mag, Ppr Mag, Ppr Mag, Ppr Mag, Ppr Mag, Ppr Engineering Services / RCMU Power Operations Reports / Outage Reports Department Preference; GC §3409010 years 10 years Engineering Services / RCMU Indefinite - Minimum 5 years Indefinite - Minimum 5 years RCMU-021 Power Outage Report Database Data is interrelated; GC §34090 Engineering Services / RCMU Department Preference (auditing standards are 5 years); GC §34090 Power Trading / Power Scheduling Completion + (Check Out Worksheets) Completion + 5 yearsRCMU-022 RCMU-023 RCMU-024 2 years 4 years 4 years 3 years Engineering Services / RCMU Power Trading / Power Scheduling (Confirmations, Invoices) Department Preference; GC §340903 years 5 years 5 years Engineering Services / RCMU Power Trading / Power Scheduling (Pathing Sheets) Department Preference; GC §340903 years Engineering Services / RCMU & Gas Regulatory Agency Audits: CEC, RCMU-025 CFTC, CPUC, EPA, FERC, NERC, NPDES, WECC, etc. Department Preference; GC §3409010 years 10 years 10 years Mag, Ppr Mag, Ppr Regulatory Agency Compliance Reports & Confirmations: , CPUC, EPA, FERC, NERC, NPDES, WECC, etc. Engineering Services / RCMU & Gas Department Preference; GC §34090RCMU-026 10 years RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 655 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-16 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). When No Longer Required - Minimum 10 years When No Longer Required - Minimum 10 years Regulatory AgencyEngineering Services / RCMU & Gas Correspondence: , CPUC, EPA, FERC, NERC, NPDES, WECC, etc.. Department Preference; GC §34090RCMU-027 Mag, Ppr Engineering Services / RCMU & Gas Regulatory Agency Inspections: , RCMU-028 CPUC, EPA, FERC, NERC, NPDES, WECC, etc. Mag, Mfr, OD, Ppr Yes (after Department Preference; GC10 years 10 years S / I S / I QC)§34090 Engineering Services / RCMU & Gas Regulatory Agency Licenses: , RCMU-029 CPUC, EPA, FERC, NERC, NPDES, WECC, etc. Mag, Mfr, OD, Ppr Yes (after Department Preference; GCPPQC)§34090 Engineering Services / RCMU SCADA Database (Electricity) RCMU-030 (Supervisory Control and Data Acquisition) Indefinite - Minimum 5 years Indefinite - Minimum 5 years Data is interrelated; system qualifies as a "trusted system"; GC §§34090, 12168.7 Yes Mag Engineering Services / RCMU When No Longer Required When No Longer Required SCADA Printouts / Reports / Log Books Preliminary drafts - if not drafts, then 2 years; GC §34090RCMU-031 RCMU-032 Mag, Ppr Mag, Ppr Engineering Services / RCMU Solar Power Production Operating Data Logs / Diaries Department Preference; GC §3409010 years 3 years 10 years 3 years Department Preference (required for 3 years); GC §§4216.2(d) & 4216.3(d), 34090 Underground Service Alerts (USA's)Lead Dept.RCMU-033 Mag, Ppr RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 656 Ver. 20.0 RECORDS RETENTION SCHEDULE: ENGINEERING SERVICES Page ENG-17 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Division Providing Service / Work Work Orders / Service Requests CMMS DATABASE (Computerized Maintenance Management System) Work Orders / Service Requests - All Information Entered in CMMS Database Indefinite - Minimum 5 years Indefinite - Minimum 5 years RCMU-034 RCMU-035 Mag Data is interrelated; GC §34090 Division Providing Service / Work When No Longer Required When No Longer Required Preliminary drafts (the database is the original); GC §34090Mag Ppr (Paper drafts) Work Orders / Service Requests - NOT entered in CMMS Database (or partial information entered into CMMS Database) Division Providing Service / Work City Preference; CCP §§338 et seq., 340 et seq., 342, GC §34090 RCMU-036 5 years 5 years Mag Ppr (Division providing service retains originals; Division requesting service is considered a copy) RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 657 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-1 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). ACCOUNTING AND FINANCIAL REPORTING Department Preference; IRS: 4 Finance / Accounting & Financial Reporting years after tax is due or paid (longer for auditing & contractor delinquency); Ca. FTB: 3 years; IRS Reg §31.6001-1(e)(2), R&T §19530, GC §§34090, 60201 1099's / 1096's / DE542 (California Report of Independent Contractors) FIN-001 FIN-002 2 years 3 years 5 years Mag, Ppr May contain Fire District independent contractor's compensation, expense reimbursement, or District credit card records; Meets municipal government auditing standards; Published articles show 3 - 7 years; GC §§60201(d)(12), 34090 Accounts Payable / Invoices and BackupFinance / Accounting & Financial Reporting Yes: Until Mag, Mfr,Yes: After 1 year2 years 5 years 7 years S / I(Includes Invoices, Travel Expense Reimbursements, Warrant Request, etc.) Paid OD, Ppr Finance / Accounting & Financial Reporting Accounts Receivable -Department preference; Meets auditing standards; GC §§34090, 60201 et seq. Miscellaneous - Damage to Public Property, Invoices to Outside Entities, etc. Mag, Mfr, OD, Ppr Yes: After QC & ODFIN-003 FIN-004 2 years 2 years 3 years 3 years 5 years 5 years S / I Department Preference (meets municipal government auditing standards); Statewide guidelines propose audit + 4 years; Published articles show 3 - 7 years; GC §§34090, 60201 Finance / Accounting & Financial Reporting Audit Work Papers Mag, Ppr RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 658 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-2 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Finance / Accounting & Financial Reporting Audits - Annual Financial Reports Department Preference GC §§34090, 60201FIN-004.1 2 years P P Mag, Ppr Department Preference (meets municipal government auditing standards); Statewide guidelines propose audit + 4 years; Published articles show 3 - 7 years; GC §§34090, 60201 Finance / Accounting & Financial Reporting Audits - Single Audits, Grant Audits, IRS Audits, Transportation Audits, PERS Audit, etc. 3 years after 5 years afterFIN-005 2 years Mag, PprAuditAudit Bank Statements and Trustee Statements, Fiscal Agent Statements, Investment Account Statements, Bank Reconciliations, Bank Deposits, Bank Transmittal Advice Finance / Accounting & Financial Reporting Department Preference; meets auditing standards; GC §§60201(d)(12), 34090, 26 CFR 31.6001-1 FIN-006 2 years 5 years 7 years Mag, Ppr Department Preference; Statute of Limitations for bonds,Bonds (Revenue) Official Statements / Transcripts / Certificates of Participations (COPs) - Includes Continuing Disclosure Reports, and all Special District Bonds mortgages, trust deeds, notes or debentures is 6 years; Bonds issued by local governments are 10 years; There are specific requirements for disposal of unused bonds; CCP §§336 et seq. 337.5(a); 26 CFR 1.6001- 1(e): GC §43900 et seq. Finance / Accounting & Financial Reporting Fully Defeased + 10 years Fully Defeased + 10 years Yes: Until MaturityFIN-007 Mag, Ppr Mag, Ppr See Bank Statements for statement retention. Finance / Accounting & Financial Reporting Department Preference; meets auditing standards; GC §§34090, 60201 Budget Appropriation Transfer RequestsFIN-007.1 2 years 5 years 7 years RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 659 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-3 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Finance /CalPERS Reports - Annual Valuation Reports, Actuarial Valuation Reports Accounting & Financial Reporting Finance / Accounting & Financial Reporting Department Preference; GC §§34090, 60201FIN-008 FIN-009 2 years 2 years 2 years 3 years 7 years 5 years Mag, Ppr Cash Receipts / Daily Cash Summaries / Cashiers Reports / Cash Reports / Petty Cash Department preference; Meets auditing standards; GC §§34090, 60201 et seq. Mag, Mfr, OD, Ppr Yes: After QC & ODS / I May contain Fire District independent contractor's compensation, expense reimbursement, or District credit card records; Meets municipal government auditing standards; Published articles show 3 - 7 years; GC §§ 34090, Finance / Accounting & Financial Reporting Mag, Mfr, OD, Ppr Yes: After QCFIN-010 Checks / Warrants (Cashed)3 years 4 years 7 years S 60201(d)(12) Finance / Accounting & Financial Reporting Department preference; Delinquencies remain on credit reports for 7 years; GC §§34090, 60201 et seq. Department Preference; IRS: 4 yrs after tax is due or paid; Ca. FTB: 3 years; Articles show 7 years; IRS Reg §31.6001- 1(e)(2), R&T §19530; 29CFR 516.5 - 516.6, 29USC 436, GC §§34090, 60201 Collections / Collection Agency Case Files & Statements / Delinquent Accounts FIN-011 FIN-012 7 years 5 years 7 years 7 years Mag, Ppr Mag, Ppr DE-6, DE-7, DE-9, DE-43, W-3, & DE-166, 941 Forms, IRS 5500 Forms (Employee Benefit Plans), PERS / FICA & Medicare Adjustments - Quarterly Payroll Tax Returns / OASDI, Federal Tax Deposits, Adjustments, etc. Finance / Accounting & Financial Reporting 2 years RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 660 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-4 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Produced by Deferred Comp. Finance / Accounting & Financial Reporting Provider; consistent with Deferred Compensation (City Statements) proposed statewide guidelines; published articles for bank statements show 4 -7 years; GC §34090, 26 CFR 31.6001.1 Department preference; All tangible property held by government agencies escheats after 3 years; Statute of Limitations is 1 year for seized property; CCP §§340(d), 1519; GC §§34090, 60201 FIN-013 2 years 5 years 7 years Mag, Ppr Finance / Accounting & Financial Reporting Escheat (Unclaimed money / uncashed checks)FIN-014 5 years 1 year 5 years Mag, Ppr Finance / Accounting & Financial Reporting FEMA Reimbursement / OES Reimbursements Department Preference; GC §§34090, 60201FIN-015 FIN-016 9 years 10 years Mag, Ppr Mag Data is interrelated; Meets municipal government auditing standards; May include Employee Reimbursement; GC §§34090; 60201(d)(12) Finance / Accounting & Financial Reporting Indefinite - Minimum 7 years Indefinite - Minimum 7 years Financial Services Database Yes Department Preference (bond auditing purposes; IRS r e g u l a t i o n s s t aFinance / Accounting & Financial Reporting records should generally be kept for as long as the bonds are outstanding, plus 3 years after the final redemption date of the bonds"); 26 CFR 1.6001-1(e); GC §§34090, 60201 FIN-017 Fixed Assets 2 years 3 years 5 years Mag, Ppr RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 661 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-5 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Finance / Accounting & Financial Reporting Department Preference; meets auditing standards; GC §§60201(d)(12), 34090, 26 CFR 31.6001-1 Department preference; W-4s are required four years after the due date of such tax for the return period to which the records relate, or the date such tax is paid, whichever is the later. 26 CFR 31-6001-1; GC §60201(d)(12); GC §§34090, 60201 Journal Entries / Journal VouchersFIN-018 FIN-019 FIN-020 2 years 5 years 5 years 7 years Mag, Ppr Mag, Ppr Finance / Accounting & Financial Reporting Payroll File (By Employee Name) Includes W-4, other payroll forms Separation + 2 years Separation + 7 years Finance / Accounting & Financial Reporting Department preference for SBCERA Buy-backs; GC §§34090, 60201 Mag, Mfr, OD, Ppr Yes: After QC & ODPayroll Reports - Annual Detail P P S / I Department preference for Grant Auditing Purposes; May contain independent contractor's Finance / Accounting & Financial Reporting Payroll Reports - Periodic (includes Deduction Registers, Leave Registers, Time compensation, expense reimbursement, or District credit card records; Meets municipal government auditing standards; Published articles show 3 - 7 years; GC §60201(d)(12); GC §§34090, 60201 FIN-021 2 years 5 years 7 years Mag, Ppr Transaction Reports, etc.) RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 662 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-6 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Reports / Finance Reports created from Database; Subsidiary Ledgers, Reconciliations, Registers, Transaction Histories, Balance Sheets, Revenue & Expenditure Reports, etc. (MONTHLY OR PERIODIC) Department preference (The Financial System Database is the original; reports are considered drafts or copies); GC §§34090, 60201 Finance / Accounting & Financial Reporting When No Longer Required When No Longer Required FIN-022 Mag, Ppr Reports: Annual State or Federal: State Controller's Report, Local Government Compensation Report, Gas Tax, MOE (Maintenance of Effort) Report, Street Report, etc. Finance / Accounting & Financial Reporting Department Preference; Meets auditing standards; GC §§34090, 60201 Mag, Mfr, OD, Ppr Yes: After QC & ODFIN-023 FIN-024 2 years 5 years 3 years 5 years 5 years S / I Finance / Accounting & Financial Reporting Department Preference; Meets auditing standards; GC §§34090, 60201 Returned Checks / NSF Checks Mag, Ppr Department preference for Grant Auditing Purposes; Meets municipal government auditing standards; Published articles show 3 - 7 years; GC Finance / Accounting & Financial Reporting Time Sheets / Time Cards / Overtime Sheets / Overtime Cards Mag, Mfr, OD, Ppr Yes: After 2 yearsFIN-025 2 years 5 years 7 years S §60201(d)(12); GC §§34090, 60201 Finance / Accounting & Financial Reporting Vehicle Titles (Pink Slips) - All Vehicles Sale or Disposal Sale or Disposal Department Preference; GC §§34090, 60201FIN-025.1 Mag, Ppr RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 663 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-7 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Department preference for Grant Auditing Purposes; MeetsFinance / Accounting & Financial Reporting municipal government auditing standards; Published articles show 3 - 7 years; GC §60201(d)(12); GC §§34090, 60201 FIN-026 FIN-027 W-2's W-9s 2 years 5 years 7 years Mag, Ppr Finance / Accounting & Financial Reporting Vendor Inactive + 3 years Vendor Inactive + 3 years Yes: Until Mag, Mfr,Yes: After Meets IRS auditing standards; QC & OD GC §§34090, 60201S / IPaidOD, Ppr RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 664 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-8 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). BUDGET MANAGEMENT Budgets - Preliminary, Proposed, Finance / Budget Manage. Backup Documents When No Longer Required When No Longer Required Preliminary drafts; GC §§34090, 60201FIN-028 Mag, Ppr (The Final Budget is maintained by the City Clerk) BUSINESS LICENSE & REVENUE Finance / Business License & Revenue Finance / Business License & Revenue Finance / Business License & Revenue Data Fields / Records are interrelated; meets municipal government auditing standards; GC §§34090, 60201 Indefinite - Minimum 5 years Indefinite - Minimum 5 years Business License & Permit DatabaseFIN-029 FIN-030 FIN-031 Yes Mag Department preference (Used by Planning for Zoning Clearances); GC §§34090, 60201 et seq. Business License & Permit Applications and Changes Mag, Mfr, OD, Ppr Yes: After QC & ODPPS / I Department preference (meets municipal government auditing requirements); GC §§34090, 60201 et seq. Business License & Permit Renewals 5 years 5 years Mag, Ppr SPECIAL DISTRICTS Assessment Districts, Street Finance / Special Districts Lighting and Landscape Districts FIN-031.5 Formation and Boundaries /Mag, Mfr, OD, Ppr Yes: After Department preference; GC QC & OD §§34090, 60201PPS E n g i n e e r ’ s R e p o r Annual Assessments for Districts) Assessment Rolls / Lighting and Landscape Districts / Special District Assessment Rolls (to Tax Assessor for Tax Rolls) Finance / Special Districts Department preference; Meets auditing standards; GC §§34090, 60201 et seq. FIN-032 5 years 5 years Mag, Ppr RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 665 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-9 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Community Parks and Landscape C i t i z e n s ’O v e r s i Department preference; Finance / Special Districts (Landscape Maintenance Districts / Special Districts) Formerly Planned Communities Citizens' Oversight Committee; State law only requires for 30 days; GC §54953.5(b) FIN-033 FIN-034 FIN-035 2 years 2 years Mag, OD AUDIO RECORDINGS of Meetings / Audio Tapes Community Parks and Landscape C i t i z e n s ’O v e r s i Formerly Planned Communities Citizens' Oversight Committee; Send originals to the City Clerk; GC §§34090, 60201.7 Finance / Special Districts (Landscape Maintenance Districts / Special Districts) Mag, Mfr, OD, PprPPYes S No MINUTES Community Parks and Landscape C i t i z e n s ’O v e r s i Department preference; Formerly Planned Communities Yes: After Citizens' Oversight Committee; QC & OD Original Staff Reports are filed in the project file; GC §§34090, 60201 and Landscape Maintenance Districts Citizens' Oversight Committee Finance / Special Districts Minimum 2 years Minimum 2 years Mag, Mfr, OD, Ppr S / I AGENDAS & AGENDA PACKETS TREASURY MANAGEMENT Finance / Treasury Manage. When No Longer Required When No Longer Required Preliminary drafts not retained in the ordinary course of business; GC §§34090, 60201 FIN-036 FIN-037 Bankruptcies - NOT pursued Mag, Ppr Mag, Ppr Department PreferenceFinance / Treasury Manage. Bankruptcies - Where a claim is filed (negative information remains on credit ratings for 7 years); GC §§34090, 60201 10 years 10 years RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 666 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-10 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Finance / Treasury Manage. Investment Reports & Backup / Treasury Reports Department Preference; GC §§34090, 60201FIN-038 2 years 3 years 5 years Mag, Ppr Mag, Ppr Department Preference; Meets auditing standards; Published articles show disposal + 7 years for security brokerage slips; statewide guidelines propose permanent; FTC Reg's rely on "self-enforcement"; Investments / Arbitrage / Certificate of Deposit / Investment Bonds (Receipts / Advisor Reports / Trade Tickets / LAIF (Local Agency Investment Fund)) Finance / Treasury Manage. Yes: Until PaidFIN-039 5 years 5 years GC§§ 34090, 43900 RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 667 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-1 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). FIRE ADMINISTRATION Shred Upon Separation or Transfer Shred Upon Separation or Transfer Human Resources Career File: Equipment Assignments (Turnouts, etc.) Mag, Ppr City / District Preference (copies); GC § 60200FR-001 FR-002 FR-003 Copies - When No Longer Required Copies - When No Longer Copies - When No Longer Required Copies - When No Longer Billings - Fire Alarm Permits, Fire Inspections, Fire Permits Mag, Ppr Finance keeps originals; GC § §60201 60201Finance Fire District Board Agendas, Audio or Video Recordings, Minutes, Resolutions, Notices Mag, Ppr City Clerk keeps originals; GC § §60201 60201City Clerk Required Required Mag, Mfr, OD, Ppr Yes: After QC & OD Fire / Admin. Department Preference (rated every 10 years); GC §60201FR-004 FR-005 ISO Insurance Ratings 15 years 15 years S When No Longer Required Copies - When No Longer When No Longer Required Copies - When No Longer Considered a preliminary draft / copy (the Fire database is the original); GC §60201 et seq. Fire / Admin. Monthly Statistical Reports / Run Statistics Mag, Ppr Originals Maintained by City Clerk or County Clerk of the Board Permanently; GC §60201.7 Mutual Aid Agreements, Joint Power Authorities Mag, PprCity Clerk FR-006 Required Required Programs and Projects (e.g. Explorer, CPR Program, Fire Service Day, etc.) Fire / Admin. Minimum 2 years Minimum 2 years Mag, Ppr Department Preference; GC § 60201 et seq.FR-007 FR-008Fire / Admin. Requests for Fire Incident Reports and Fire Investigation Reports Mag, Ppr2 years 2 years GC §60201 RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 668 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-2 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Fire / Admin. Mag, PprFR-009 FR-010 FR-011 Ride-A-Long Waivers 2 years 2 years GC §60201 Department preference; Statewide guidelines propose superseded + 2 or 5 years; GC §60201 Fire / Admin. Standard Operating Procedures / Policy & Procedure Manual Superseded + 2 years Superseded + 2 years Mag, Ppr Fire / Admin. Subpoenas (Personal Appearance - Fire Personnel) Mag, Ppr2 years 2 years GC §60201 Data is interrelated; Meets municipal government auditing standards; May include Employee Reimbursement; GC Indefinite - Minimum 7 years Indefinite - Minimum 7 years Fire / Admin. Mag, PprFR-012 Telestaff Database Yes §60201(d)(12) Department preference; Ethics Training is 5 years; Statewide guidelines propose 7 years; Calif. Labor Division is required to keep their OSHA records 7 years; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; State Law requires 2 -3 years for personnel actions; 8 CCR §3203 et seq., 29 CFR 1627.3(b)(1), LC §6429(c); GC §§12946, 60201, 53235.2(b), 53237.2(b) Training Course Records / EMS Continuing Education Training Indefinite - Minimum 5 years Indefinite - Minimum 5 years Mag, Mfr, OD, Ppr Yes: When Inactive Fire / Admin.FR-013 S (Attendance Rosters, Outlines and Materials) Indefinite - Minimum 5 years Indefinite - Minimum 5 years Fire / Admin. Training Database / Log (Target Solutions / Vector Solutions) Mag, Ppr Data is interrelated; GC §60201 et seq.FR-014 RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 669 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-3 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Underground Storage Tanks - ALL - City or Privately owned) Location, Soil Remediation, Monitoring Well Records Department Preference (requiredMag, Mfr, OD, Ppr Yes: After 1 year Fire / Admin. for the life of the tank); 23 CCR 2712(b), H&S §25284.2(i); GC §60201 et. seq. FR-015 10 years P P S / I RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 670 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-4 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). COMMUNITY AFFAIRS When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Fire / Community Affairs Mag, Ppr Department Preference; GC §60201FR-016 FR-017 Community Outreach Fire / Community Affairs Public Information / Education (when produced internally) Mag, Ppr Department Preference; GC §60201 Consistent with employee personnel files (Courts treat volunteers as employees); EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; 29 CFR 1602.31 & 1627.3(b)(1), 8 CCR §3204(d)(1) et seq., GC §§12946, 12960, 60201 Volunteer Applications & Agreements - UnsuccessfulLead Dept.FR-018 3 years 3 years Ppr RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 671 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-5 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Courts treat volunteers as employees; EEOC/FLSA/ADEA (Age) requires 3 years forVolunteer Applications & Agreements (includes emergency contact information) - Successful Applicants Inactive / Separation + 3 years Inactive / Separation + 3 years Mag, Mfr, OD, Ppr promotion, demotion, transfer, selection, or discharge; State Law requires 2 -3 years; 29 CFR 1602.31 & 1627.3(b)(1), 8 CCR §3204(d)(1) et seq., GC §§12946, 12960, 60201; 29 USC 1113 Yes: 1 yearLead Dept.FR-019 FR-020 FR-021 S Fire / Community Affairs Volunteer Historical Lists / Extractions from Volunteer Database Minimum 10 years Minimum 10 years Mag, Ppr Department Preference; GC §60201 COMMUNITY RISK Not Less Than 180 days from the date of completion of the Life of the Structure or Structure or Activity, or Minimum 5 Minimum 5 years, years, Whichever Whichever Life of theFire Construction Documents (Submittals, Approved Plans, Drawings, Applications, Alternate Means & Methods, and Similar Documents Necessary for Fire / Community Risk Activity, or Mag, Mfr, OD, Ppr Yes: After QC & OD CFC §105.4 et seq. , 104.6 et seq.; H&S §19850S / I Ongoing Fire Code Compliance permitted work is Longer is Longer Life of the Structure or Activity, or Minimum 5 years, Life of the Structure or Activity, or Minimum 5 years, Fire Inspections - Business Inspection Files / Occupancy Inspections (Approvals, Fire / Fire Marshal & Fire Mag, Mfr, OD, Ppr Yes:Required for the Life of the FR-022 S / I After QC Structure or Activity, or Minimum 5 & OD years CFC §§ 104.6 – 104.6.4Inspections, Fires, Modification /Prevention Alternative Methods or Materials) Whichever Whichever is Longeris Longer RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 672 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-6 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Fire / Fire Marshal & Fire Yes: Before Event Mag, Mfr, OD, Ppr Yes: After QC & OD Fire Inspections - Citations / Notice of Violations Department Preference; GC § 60201 et seq.FR-023 S / I S / I Prevention Approved Fire Suppression, Fire Sprinkler, Fire Alarm, Private Fire Underground, and High-Piled Combustible Storage Plans. Fire / Community Risk Mag, Mfr, OD, Ppr Yes:Department preference (Building FR-024 FR-025 FR-026 P P After QC keeps original); CFC 104.6 et & OD seq.; GC §§60200, H&S §19850 Fire / Community Risk Mag, Ppr Department Preference; GC §60201 et seq.Juvenile Fire Setter Program 15 years 15 years Copies - When No Longer Copies - When No Longer Mag, Ppr Building keeps originals; GC §§34090.7, 60201BuildingNew Construction Plan Review Required When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Required When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Fire / Community Risk Public Information / Education (when produced internally) Mag, Ppr Department Preference; GC §60201FR-027 FR-028 Fire / Community Risk Weed Abatement / Vegetation Abatement / Brush Clearance Mag, Ppr Department Preference; GC §60201 RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 673 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-7 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). EMERGENCY MANAGEMENT When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Fire / Emergency Manage. Community & Business Emergency Response Training Mag, Ppr Department Preference; GC §60201FR-029 Does NOT record regular and ongoing operations; For recordings that are evidence, see Fire Investigations (FR-042 or FR- 043); GC §§60201, 53160 Drone (Unmanned Aerial Vehicle) Recordings that are NOT evidence / Does NOT record regular and ongoing operations Fire / Emergency Manage. When No Longer Required When No Longer Required FR-029.5 Mag When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Fire / Emergency Manage. Emergency Management Programs (Ready RC, Mitigation, Preparedness, etc.) Mag, Ppr Department Preference; GC §60201FR-030 FR-031 FR-032 Emergency Response & Recovery / FEMA / OES Reimbursement Claims / Strike Team Fire / Emergency Manage. Mag, Mfr, OD, Ppr Department Preference; GC §6020110 years 10 years Yes (all) Yes (all) S/I S/I No No Reimbursements When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Fire / Emergency Manage. Mag, Mfr, OD, Ppr EOC Activations, After Incident Reports Department Preference; GC §60201 EMERGENCY RESPONSE / EMERGENCY MEDICAL SERVICES RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 674 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-8 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Department Preference - Controlled Substance Logs, Inventories / Medic Monthly Inventory Logs Controlled substances are required for 2 years after inventory or transaction; 21 CFR §1304.04, 1310.04 Mag, PprFire / EMS FR-033 3 years 3 years Yes Data is interrelated; Minors until 1 year after age 18, but not less than 7 years; 10 years (see Patient Care Reports) GC §60201 Statute of Limitations for health providers is 3 years; CCP §340.5, GC §60201 et seq. Indefinite - Minimum 20 years Indefinite - Minimum 20 years Emergency Medical PCR DatabaseFire / EMS Fire / EMS Fire / EMS FR-034 FR-035 FR-036 Yes Mag EMS Complaints / CQI Final Final Disposition + 3 years Mag, Ppr(Continuous Quality Improvement) Disposition / Quality Assurance + 3 years HIPAA Policies and Procedures (Health Insurance Portability and Accountability Act) Mag, Mfr, OD, Ppr Yes:Superseded + 6 years Superseded + 6 years S S After 1 24 CFR 164.530(j) year Department preference; Paramedic Continuing Education is required for 4 years by DPH; 8Mag, Mfr, OD, Ppr Yes:Paramedic Continuing Education Rosters and Certificates Separation + 4 years Separation + 4 yearsFire / EMS FR-037 When CCR §3204(d)(1) et seq., 8 CCR Inactive §3203 et seq., 29 CFR 1627.3(b)(1), LC §6429(c); GC §§12946, 12960, 60201 RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 675 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-9 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Department Preference; adults required for 7 years; minors until 1 year after age 18, but not less than 7 years; 10 years is recommended by AHIMA for "healthcare providers"; Statute of Limitations for health providers is 3 years; CCP §340.5, GC §60201; H&S §§1797.98e 123145; 42 CFR 482.24(b); 9 CCR 9444, 22 CCR 70751(c) & 71551(c); 22 CCR 70751(c), 71551(c), 73543(a), 74731(a), 75055(a), 75343(a), 77143(a), W&I 14124.1; CMS Pub. 100-4, Chapter 1, Section 110.3 Patient Care Reports / PCRs / Paramedic Release Forms (EMS transportation) / Consent Form with Assignment of Benefits: ADULTS (Includes e-PCR Database / Electronic Patient Care Report Database) Mag, Mfr, OD, Ppr Yes: After 1 year Fire / EMS FR-038 7 years 7 years S RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 676 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-10 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Department Preference; adults required for 7 years; minors until 1 year after age 18, but not less than 7 years; 10 years is recommended by AHIMA for "healthcare providers"; Statute of Limitations for health providers is 3 years; CCP §340.5, GC §60201; H&S §§1797.98e 123145; 42 CFR 482.24(b); 9 CCR 9444, 22 CCR 70751(c) & 71551(c); 22 CCR 70751(c), 71551(c), 73543(a), 74731(a), 75055(a), 75343(a), 77143(a), W&I 14124.1; CMS Pub. 100-4, Chapter 1, Section 110.3 Patient Care Reports / PCRs / Paramedic Release Forms (EMS transportation) / Consent Form with Assignment of Benefits: JUVENILES (Includes e-PCR Database / Electronic Patient Care Report Database) Age of Majority, Minimum 7 years, whichever is longer Age of Majority, Minimum 7 years, whichever is longer Mag, Mfr, OD, Ppr Yes: After 1 year Fire / EMS FR-039 S EMERGENCY RESPONSE / FIRE MARSHAL Fire /Mag, Mfr, OD, Ppr Yes:Department preference; CFC §§Emergency Response / Fire Marshal Alarm Installation Waiver Forms: Smoke and Carbon MonoxideFR-040 FR-041 P P S / I After QC 104.6 – 104.6.4; GC §60201 et & OD seq. Indefinite - Life of the Structure or Activity, or Minimum 5 years, Indefinite - Life of the Structure or Activity, or Minimum 5 years, Data is interrelated; California Fire Code requires 5 years or Life of the Structure or Activity for Approvals, Inspections, Fires, Modification / Alternative Methods or Materials; CFC §§ 104.6 – 104.6.4; GC §34090 Fire / Emergency Response / Fire Marshal Mag, PprFire Incident RMS Database Yes Whichever is Longer Whichever is Longer RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 677 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-11 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Fire /Mag, Mfr, OD, Ppr Yes:Department preference (CapitalEmergency Response / Fire Marshal Fire Investigations - Arson & Capital Crimes OnlyFR-042 FR-043 FR-044 FR-045 FR-046 FR-047 P P S / I After QC Crimes have no statute of & OD limitations); GC §60201 et seq. When No Longer Required - Minimum 5 years When No Longer Required - Minimum 5 years Fire / Emergency Response / Fire Marshal Fire Investigations - OTHER Than Arson & Capital Crimes Mag, Ppr Department preference; GC §60201 et seq. Fire /Approved Fire Suppression , Fire Sprinkler, Fire Alarm, Private Fire Underground, and High-Piled Combustible Storage Plans Mag, Mfr, OD, Ppr Yes:Department preference (BuildingEmergency Response / Fire Marshal P P S / I S / I S / I After QC keeps original); CFC 104.6 et & OD seq.; GC §§60200, H&S §19850 Fire /Life of the Structure or Activity Mag, Mfr, OD, Ppr Yes: After QC & OD Emergency Response / Fire Marshal Fireflow Testing (CVWD does testing) Life of the Structure Department preference; GC §60201 Fire /Department Preference (City has "cradle to grave" liability); 40 CFR 262.40, 8 CCR 3204(d)(1)(A), 22 CCR 66262.40 Mag, Mfr, OD, Ppr Yes: After QC & OD Emergency Response / Fire Marshal Hazardous Waste Manifests / Certificates of Disposal 5 years P P Fire /When No Longer Required When No Longer Required Emergency Response / Fire Marshal Mag, PprResponse Planning Preliminary drafts; GC §60201 RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 678 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-12 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Special Event Permits / Fire Code When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Fire /Permits / Operating Permits / Explosives Permits / Fireworks Permits / Burn Permits (assembly permits, candle permits, tent permits, open flame, etc.) Yes: Before Event Emergency Response / Fire Marshal Mag, Ppr Department preference; GC §60201 CFC §§ 104.6 – 104.6.4FR-048 STATION OPERATIONS / SUPPRESSION Mag, Ppr Mag, Mfr, Lead Dept. Fire / Ops FR-049 FR-050 AQMD Permits (Generators, etc.) Daily Evaluations / Rookie Tests 5 years 5 years 40 CFR 70.6; GC §60201 Yes: 2 years 2 years S When GC §60201 InactiveOD, Ppr When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Daily Vehicle Inspections / Daily Equipment Checks / Safety Equipment Inspections Fire / Ops FR-051 Ppr GC §60201 Fire Vehicle, Apparatus, & Equipment History Files, Ladders, etc. Department Preference; If a motorDisposal of Vehicle, Apparatus, or Equipment + 2 years Disposal of Vehicle, Apparatus, or Equipment + 2 years carrier, required for 18 months after vehicle is sold; CHP requires life of vehicle; OSHA requires 1 year; 8 CCR § 3203(b)(1); 49 CFR 396.21(b)(1); 49 CFR 396.3(c); CCP §337 et. Seq., GC §60201 Mag, PprFire / Ops FR-052 FR-053 Certifications, Maintenance, Registrations, Safety Certifications, etc. Generator Operation Logs & Inspections - Fixed / Stationary Generators Mag, PprLead Dept.3 years 3 years AQMD Rule 1470; GC §60201 RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 679 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-13 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Generator Operation Logs & Inspections - Portable / Emergency Generators AQMD Rule 1470; Form 400–E–13a instructions; GC §60201 Mag, PprLead Dept. Fire / Ops Fire / Ops FR-054 FR-055 FR-056 5 years 5 years Yes: Before Event Yes: Before Event When Superseded When Superseded Mag, Ppr Preliminary drafts; GC §60201 et seq.Pre-plan Sheets Station Log Books / Red Books / Log Books Minimum 2 years Minimum 2 years Mag, Ppr Department preference; GC §60201 et seq. RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 680 Ver. 18.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-1 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). HUMAN RESOURCES Duration of the Contract and/or disposition of any enforcement action + 2 years Duration of the Contract and/or disposition of any enforcement action + 2 years EEOC / ADEA (Age) requires 1 year after benefit plan termination; State Law requires 2 years after action; 29 CFR 1627.3(b); 29 USC 1027; GC §§12946, 12960, 34090, 60201 Benefit Plan Documents (CalPERS, Optical, Dental, etc.) Yes: For Duration of Mag, Ppr Contract Human Resources HR-001 Bureau of National Affairs recommends 2 years for all supplementary Personnel records; Wage rate tables are 1 or 2 years; State requires 2 years; 29 CFR 516.6, 29 CFR 1602.14, GC §§12946, Classification / Reorganization Studies (for employee classifications and department structures) Human Resources Minimum 3 years Minimum 3 yearsHR-002 Mag, Ppr 12960, 34090, 60201 Bureau of National Affairs recommends 2 years for all supplementary Personnel records; Wage rate tables are 1 or 2 years; State requires 2 years; 29 CFR 516.6(2), 29 CFR 1602.14, GC §§12946, 12960, 34090, 60201 Human Resources Compensation Surveys & Studies Minimum 3 years Minimum 3 yearsHR-003 HR-027 Mag, Ppr Mag, PprHuman Resources COVID-19 Notifications to Employees 3 years 3 years LC §6409.6(k), GC §34090 RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 681 Ver. 18.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-2 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Department Preference; statute of limitations for retirement benefits is 6 years from last action; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; State Law requires 4 2 -3 years; 29 CFR 1602.14, 29 CFR 1602.31 & 1627.3(b)(1), GC §§12946, 12960, 34090; 29 USC 1113, LC §1198.5, 6 CFR 31.6001- 1(e)(2); GC §3105 California Civil Rights Department (CRD) / Department of Fair Employment & Housing (DFEH or EEOC) Claims / Harassment Claims Final Disposition + 4 3 years Final Disposition + 4 3 years Human Resources HR-004 Mag, Ppr 2 years After Superseded, or Upon 2 years After Superseded, or Upon Human Resources Department Preference; GC §§34090, 60201 et seq.HR-005 DMV Pull Notices Mag, Ppr Separation Separation RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 682 Ver. 18.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-3 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Department preference; D.O.T. Requires 5 years for positive tests, 1 year for negative tests; EEOC/FLSA/ADEA (Age) requires 3 years physicalHuman Resources Drug & Alcohol Test Results (All - Positives and Negatives)HR-006 6 years 6 years Mag Ppr examinations; State Law requires 2 years; 29 CFR 1627.3(b)(1)(v), GC §§12946, 12960, 34090, 60201; 49 CFR 655.71 et seq.; 49 CFR 382.401 et seq. 49 CFR 653.71 29 CFR 1602.30; 29 CFR 1602.31, 29 CFR 1602.32; GC §34090, 60201 Human Resources HR-006.1 HR-007 HR-008 EEO-4 Reports 3 years 3 years Mag, Ppr Mag, Ppr Mag, Ppr Department preference; All State and Federal laws require retention until final disposition of formal complaint; State requires 4 2 years after "fully and finally disposed"; 2 CCR 7287.0; GC §§12946, 12960, 34090, 60201 Minimum Final Disposition + 4 3 years Minimum Final Disposition + 4 3 years Human Resources Employee Investigations Ethics Training Certificates / Harassment Prevention Training Certificates Human Resources GC §§53235.2(b), 53237.2(b), 34090, 602015 years 5 years RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 683 Ver. 18.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-4 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Required for 1 year from termination or 3 years from hiring, whichever is later; EEOC / FLSA / ADEA (Age) requires 3 years for "any other forms of employment inquiry"; State Law requires 2 - 3 years; 8 CFR 274a.2; 29 CFR 1627.3(b)(1); GC §§12946, 12960, 34090, 60201 Human Resources Separation + 3 years Separation + 3 yearsHR-009 I-9s Mag Ppr Department preference; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, orMinimum Superseded + 6 years Minimum Superseded + 6 years Human Resources Job Descriptions / Classification Specifications Mag, Mfr, OD, Ppr Yes: After discharge; State Law requires QC & OD 4 2 -3 years; retirement benefits is 6 years from last action; 29 CFR 1602.31 & 1627.3(b)(1), 8 CCR HR-010 S / I §3204(d)(1) et seq., GC §§12946, 34090, 60201 Labor Relations Files Human Resources (Negotiation Notes, Correspondence, Interpretation of MOU Provisions, Minimum 5 Minimum 10 Mag, Mfr, OD, Ppr Yes: After Department Preference; GC QC & OD §§34090, 60201 et seq.HR-011 5 years S / Iyearsyears Documentation, etc.) RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 684 Ver. 18.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-5 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Department Preference; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; State Law requires 4 2 -3 years; 29 CFR Personnel Files - Background Files (Fire, Executives, Information Technology) Human Resources Separation + 3 years Separation + 6 yearsHR-012 3 years Mag, Ppr 1602.31 & 1627.3(b)(1), GC §§ 3105, 12946, 12960, 34090, 60201; 29 USC 1113 Department Preference; statute of limitations for retirement benefits is 6 years from last action;Personnel Files - Benefit File EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; State Law requires 4 2 -3 years; 29 CFR Includes Application,Human Resources Separation + 3 years Separation + 6 yearsHR-013 Evaluations, Policies, Oaths of Office, PAFs (Personnel Action Forms), etc. 3 years Mag, Ppr 1602.31 & 1627.3(b)(1), GC §§ 3105, 12946, 12960, 34090, 60201; 29 USC 1113 RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 685 Ver. 18.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-6 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Department Preference; statute of limitations for retirement benefits is 6 years from last action; EEOC/FLSA/ADEA (Age) requires 3 years for Personnel Files - Employee File Human Resources Includes Application,Separation + 3 years Separation + 6 yearsHR-014 3 years Mag, Ppr promotion, demotion, transfer, selection, orEvaluations, Policies, Oaths of Office, PAFs (Personnel Action Forms), etc.discharge; State Law requires 4 2 -3 years; 29 CFR 1602.31 & 1627.3(b)(1), GC §§ 3105, 12946, 12960, 34090, 60201; 29 USC 1113 Whichever is Longer: Separation + 30 years, or Termination of Benefits + Separation OD, Ppr 5 years, or Death of Department preference; Files maintained separately; Claims can be made for 30 years for toxic substance exposure; 8 CCR 5144, 8 CCR 15400.2; 8 CCR §3204(d)(1) et seq., 29 CFR 1910.1020(d)(1)(i), GC §§12946, 12960, 34090, 60201 Whichever is Longer: 24 years, or Termination of Benefits + 5 years, or Death of Personnel Files - Medical File (all employees) Yes: After Separation + 1 year Human Resources Separation + 6 years Yes: Until Mag, Mfr,HR-015 Pre-employment Medical Clearances, ADA Accommodations, Respirator Fit Tests, etc. S Employee + 5 years Employee + 5 years RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 686 Ver. 18.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-7 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Department Preference; statute of limitations for retirement benefits is 6 years Personnel Files - Training File from last action; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, Includes Application,Human Resources Separation + 3 years Separation + 6 yearsHR-016 Evaluations, Policies, Oaths of Office, PAFs (Personnel Action Forms), etc. 3 years Mag, Ppr transfer, selection, or discharge; State Law requires 4 2 -3 years; 29 CFR 1602.31 & 1627.3(b)(1), GC §§ 3105, 12946, 12960, 34090, 60201; 29 USC 1113 Department preference; Per NeoGov Policy; 29 CFR 1627.3(b)(1), 29 CFR 1602.14; 2 CCR 11013(c); GC §§12946, 12960, 34090, 60201 Human Resources Recruitment Database (NeoGov)HR-027 5 years 5 years Mag, Ppr Recruitment and Testing File State Law requires 4 years EEOC / FLSA / ADEA (Age) requires 1-3 years; ; 29 CFR 1627.3(b)(1), 29 CFR 1602.14; 2 CCR 7287.0(c)(2), GC §§12946, 12960, 34090, 60201 (Includes Advertisements, Applications for Unsuccessful Candidates, Interview Notes, Job Brochures, Test Data, Testing Analysis & statistical Metric, Job Analysis, Rating Sheets, Scantrons, etc.) Hiring Decision + 4 years Hiring Decision + 4 years Human Resources HR-017 HR-018 Mag, Ppr Mag, Ppr Studies & Surveys Conducted on Behalf of the City (Sick Leave, Attrition, Benefits, etc.) 2 years, unless it is a preliminary draft; GC §§34090, 60201 et seq. Human Resources 2 years 2 years RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 687 Ver. 18.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-8 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Not an Agency record / Content does NOT relate in a substantive way to the conduct of the public's business; GC §34090 et seq Verifications of Employment, Child Support: Third party form requests for verification of When No Longer Required When No Longer Required Human Resources HR-018.5 HR-018.6 Mag Ppr Mag Ppr employment, child support, etc. Workplace Violence – Hazard identification, evaluation, correction, incident logs, investigations, etc. Human Resources 5 years 5 years LC §6401.9(f), GC §34090 RISK MANAGEMENT Accident / Incident Reports / Injury Reports (Potential Claims - medical and non- medical that do not result in a claim.) Department preference; CCP §340.5, GC §§34090, 60201 et seq. Risk Manag. Risk Manag. HR-019 HR-020 2 years 5 years 2 years 5 years Mag, Ppr Ppr Department Preference; GC §§34090, 60201 et seq.Claim Runs Claim must be filed within 6 months, lawsuit within 2 years; complaints against peace officers within 5 years; Yes: After Statute of Limitations forClaims (Includes Litigated Claims) Resolution + Yes: Until Mag, Mfr,Risk Manag. Risk Manag. HR-021 HR-022 Resolution 5 years S5 years Resolution OD, Ppr Settled contracts is 4 years; wrongful death for construction is completion + 5 years; CCP §§ 337 et seq.; GC §§ 911.2, 34090, 34090.6, 60201 Insurance Polices (City-owned policies) Mag, Mfr, OD, Ppr Yes: After Department Preference; GC QC & OD §§34090, 60201 et seq.P P S / I RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 688 Ver. 18.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-9 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). OSHA requires 5 years; State OSHA Logs - 200, 300, 301, 301A, OSHA Inspections or Citations law requires 2 years; 8 CCR 14300.33, 8 CCR §3203(b)(1), GC §34090; LC §6429c Mag, Mfr, OD, Ppr Yes: After QC & ODRisk Manag.HR-023 5 years 5 years S Mag, Mfr, OD, Ppr Yes: After QC'd & ODRisk Manag.HR-024 HR-025 Subpoenas / Summons 2 years 5 years 2 years 5 years S / I GC §§34090, 60201 et seq. Human Resources Workers Compensation Claim Runs / Monthly Reports Meets auditing standards; GC §§34090, 60201 et seq.Mag Ppr Whichever is Longer: Separation + 30 years, or Termination of Benefits + Separation OD, Ppr 5 years, or Death of Department preference; Files maintained separately; Claims can be made for 30 years for toxic substance Whichever is Longer: 20 years, or Termination of Benefits + 5 years, or Death of Workers Compensation Claims / Long Term Disability Claims (Includes all Accident, Incident, or Injury Reports from Human Resources Separation + 10 years Yes: Until Mag, Mfr,Yes: After exposure; 8 CCR 5144, 8 QC & OD CCR 15400.2; 8 CCR §3204(d)(1) et seq., 29 CFR 1910.1020(d)(1)(i), GC HR-026 S Employees) Employee + 5 years Employee + 5 years §§12946, 12960, 34090, 60201 RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 689 Ver. 6.0 RECORDS RETENTION SCHEDULE: LIBRARY Page L-1 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd? Image: I=Import M=Mfr Active (in office) Total Media(OFR)(Off-site,Vital?Retention OptionsOD or Mfr)S=Scan If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement). LIBRARY Board of Library Trustees Yes:Brown Act challenges must beMag, Mfr, OD, PprLibraryLIB-001 P P Yes S S After 10 filed within 30 or 90 days of action; years GC §§34090, 54960.1(c)(1)AGENDA PACKETS & AGENDAS Board of Library Trustees City Clerk maintains these Permanently; GC §34090.7Library Library LIB-002 LIB-003 2 years 2 years MagAUDIO RECORDINGS of Meetings / Audio Tapes Board of Library Trustees Yes:Mag, Mfr, OD, PprPPYes After 10 GC §34090 yearsMINUTES Cash Receipts Report / Detail / Backup / Accounts Receivable Detail / Refund Detail Lead Dept. & Finance City preference (not all detail is sent to Finance); GC §34090LIB-004 LIB-005 LIB-006 2 years 2 years Mag, Ppr Mag, Ppr Ppr Library Library Complaints and Compliments 2 years When No Longer 2 years When No Longer GC §34090 Flyers for Library Programs Preliminary Drafts; GC §34090 Required Required RANCHO CUCAMONGA, CA.©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 690 Ver. 6.0 RECORDS RETENTION SCHEDULE: LIBRARY Page L-2 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd? Image: I=Import M=Mfr Active (in office) Total Media(OFR)(Off-site,Vital?Retention OptionsOD or Mfr)S=Scan If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement). Grants: LSCA (Library Services and Construction), LSTA (Library Services and Technology), SLRC (State Literacy Resource Centers), CLLS (California Library Literacy Services); CLSA (California Library Services Act) and PLF (Public Library Foundation) ONLY. For all others, follow City-wide Schedule. (SUCCESSFUL Reports, and Per California State LibraryFinalFinalRecords Management Program Requirements (April 27, 1998); GC §34090 Library LIB-007 2 years Expenditure Expenditure + 3 years Mag, Ppr + 5 years Financial Information) Send copy of application and award to Finance When No Longer Required Indefinite - Minimum 2 years When No Longer Required Indefinite - Minimum 2 years Yes:Department preference (theMag, Mfr, OD, PprLibrary Library LIB-008 LIB-009 Library Card Applications S When database is the original record); Inactive GC §34090 Library Systems: ILS Database Mag, Ppr Data is interrelated; GC §34090 Library Volunteer / Unpaid Intern Applications & Agreements - Unsuccessful or Waiting Library Volunteer / Unpaid Intern Logs (Hours) Library Library LIB-010 LIB-011 2 years 2 years 2 years 2 years Ppr Ppr GC §34090 GC §34090 RANCHO CUCAMONGA, CA.©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 691 Ver. 6.0 RECORDS RETENTION SCHEDULE: LIBRARY Page L-3 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd? Image: I=Import M=Mfr Active (in office) Total Media(OFR)(Off-site,Vital?Retention OptionsOD or Mfr)S=Scan If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement). Department preference (Courts treat volunteers as employees); EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; 29 CFR 1602.31 and Library Volunteers / Unpaid Intern Applications & Agreements - Successful Inactive / Separation + 3 years Inactive / Separation + 3 years Library LIB-012 Ppr 1627.3(b)(1)(i)&(ii), GC §§12946, 12960, 34090 Library Library LIB-013 LIB-014 Passport Transmittals Problem Patron File 2 years Minimum 2 years 2 years Minimum 2 years Mag, Ppr Mag, Ppr GC §34090 Department preference; GC §§34090 RANCHO CUCAMONGA, CA.©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 692 Ver. 16.0 RECORDS RETENTION SCHEDULE: PLANNING Page PL-1 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd? Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). PLANNING When No Longer Required When No Longer Required Alcohol Beverage Control License Applications (ABC Applications)Planning Planning PL-002 PL-003 Mag, Ppr (Non-Records) Mag, Mfr, OD, Ppr Annexations / Boundaries / Consolidations / LAFCO Yes: After QC & OD1 year P P P P S / I S / I S Land Records; GC §34090 Design Review Committee (Subcommittee of Planning Commission) AGENDAS, AGENDA PACKETS, MINUTES Mag, Mfr, OD, Ppr Department preference; Original Staff Reports are filed in the project file; GC §34090 Minimum 2 years Yes: After QC & ODPlanning Planning PL-006 PL-031 Mag, Mfr, OD, Ppr Entertainment Permits / Massage Expiration + 2 Business Permits years Expiration + 2 years Yes: After Department preference; QC & OD GC§§34090 RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 693 Ver. 16.0 RECORDS RETENTION SCHEDULE: PLANNING Page PL-2 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd? Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Not all internal communications and notes are required to be saved; "E-mails that do not provide insight into the project or the agency’s CEQA compliance with respect to the project — are not within the scope of section 21167.6, subdivision (e) and need not be retained." Golden Door Environmental Impact Reports (EIRs), Negative Declarations, etc.) / CEQA / NEPA Project Approval or Project Approval or Denial + 2 years Planning PL-033 Mag, PprCorrespondence and staff notes Denial + 2 that provide insight into the project or the agency’s CEQA compliance with respect to the project years Properties, LLC v. Superior Court of San Diego County (County of San Diego, et al., Real Parties in Interest) (D076605, D076924, D076993) (4th Dist. 2020); PRC 21167,6; GC §34090 Usually filed in the project file; Final environmental Yes: After determinations are required to QC & OD be kept a "reasonable period of time"; 14 CCR §15095(c); GC §34090 Environmental Determinations: Environmental Impact Reports (EIRs), Negative Declarations, etc.) Inside City boundaries, Non- Development Projects Mag, Mfr, OD, Ppr Planning Planning PL-009 PL-010 1 year P P S Environmental Determinations: Environmental Impact Reports (EIRs), Negative Declarations, etc.) Outside City boundaries Non-records; EIRs and Negative Declarations within the City Boundaries are with the project file When No Longer Required When No Longer Required Ppr RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 694 Ver. 16.0 RECORDS RETENTION SCHEDULE: PLANNING Page PL-3 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd? Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Mag, Mfr, OD, Ppr Mag, Mfr, OD, Ppr Mag, Mfr, OD, Ppr Mag, Mfr, OD, Ppr City Clerk Maintains all Agenda Packets Permanently; GC §34090.7 General Plan, Elements and Amendments Yes: After QC & ODPlanning Planning Planning Planning Planning Planning Planning PL-011 PL-012 PL-024 PL-025 PL-013 PL-014 PL-026 1 year 1 year 1 year P P P P P P S / I S / I S Historic Preservation Survey, Evaluations and Designations Yes: After Department Preference; GC QC & OD §34090 Yes: After Department preference; QC & OD GC§§34090Historic Property Files Expiration + 2 years Expiration + 2 years Yes: After Department preference; QC & OD GC§§34090Large Family Day Care Permits S Mag, Mfr, OD, Ppr Master Plans, Specific Plans, Land Use Plans, etc. Yes: After Department Preference; GC QC & OD §340901 year P P S / I When No Longer Required When No Longer Required Preliminary drafts not retained in the ordinary course of business; GC §34090 Materials Boards Mag, Ppr Mag, Mfr, OD, Ppr Yes: After Department preference; QC & OD GC§§34090Mills Act Contracts 1 year 1 year P P P P S Planning and Historic Preservation Commission AGENDAS & AGENDA PACKETS Mag, Mfr, OD, Ppr Department preference; Original Staff Reports are filed in the project file; GC §34090 Yes: After QC & ODPlanningPL-015 S / I RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 695 Ver. 16.0 RECORDS RETENTION SCHEDULE: PLANNING Page PL-4 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd? Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Planning and Historic Preservation Commission Department preference; State law only requires for 30 days; GC §54953.5(b) Planning Planning PL-016 PL-017 2 years 2 years Mag, ODAUDIO RECORDINGS of Meetings / Audio Tapes Planning and Historic Preservation Commission MINUTES, BYLAWS & RESOLUTIONS Mag, Mfr, OD, Ppr P P P Yes S No GC §34090 Mag, Mfr, OD, Ppr Yes: After Department preference; GC QC & OD §34090Planning Planning PL-001 PL-018 Planning Director Approvals 1 year P S / I Department Preference - Data is interrelated; GC §34090, H&S §19850 Planning Project Log of Applications, Database Indefinite - Permanent Indefinite - Permanent Yes (all)Mag Planning Project Files - Approved Entitlements Project Approved / Final Decision, or 1 year if Not Approved / No Final Decision (Includes Associated CEQA Noticing, Conditions of Approval, Public Noticing, Environmental Determinations, Staff Reports, Plans & Maps) Department preference; Final environmental determinations Yes: After are required to be kept a QC & OD "reasonable period of time"; 14 CCR §15095(c); GC§§34090, 34090.7 Mag, Mfr, OD, Ppr Planning PL-019 P P Yes S Examples: Conditional Use Permits (CUPs), Design Review, Parcel Maps, Site Plans, Tentative Subdivisions, Variances, Zone Changes, etc. RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 696 Ver. 16.0 RECORDS RETENTION SCHEDULE: PLANNING Page PL-5 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd? Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Applicant's proposals / plans Preliminary Review / Courtesy Review - PLANS, PROPOSALS, other Documents belonging to Applicant can be destroyed When No Longer Required, as no application has been submitted, and they are not City records; GC §34090 Applicant's proposals / plans can be destroyed When No Longer Required, as no application has been submitted, and they are not City records; GC §34090 When No Longer Required When No Longer Required Planning Planning PL-027 PL-020 Mag, Ppr Mag, Ppr Preliminary Review / Courtesy Review - APPLICATIONS, other City Records 2 years 2 years Life of Sign, Minimum 2 years Life of Sign, Minimum 2 years Mag, Mfr, OD, Ppr Mag, Mfr, OD, Ppr Mag, Mfr, OD, Ppr Yes: After Department preference; QC & OD GC§§34090Planning Planning Planning PL-028 PL-022 PL-029 Sign Permits S S S Minimum 2 years Minimum 2 years Yes: After Department Preference; GC QC & OD §34090Special Studies Street Name Assignments and Changes Yes: After Department preference; QC & OD GC§§340901 year P P RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 697 Ver. 16.0 RECORDS RETENTION SCHEDULE: PLANNING Page PL-6 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd? Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Temporary Permits / Special Event Permits / Temporary Entitlements (Approved & Unapproved):Yes: During Event Mag, Mfr, OD, Ppr Minimum 2 years Minimum 2 years Yes: After Department preference; QC & OD GC§§34090Planning Planning PL-021 PL-030 S Christmas Tree Lots, Pumpkin Lots, Banner Permits, Tree Removal Permits, etc. Trails Committee (Subcommittee of Planning Commission) AGENDAS, & AGENDA PACKETS, MINUTES Mag, Mfr, OD, Ppr Department preference; Original Staff Reports are filed in the project file; GC §34090 Minimum 2 years Yes: After QC & ODPPS / I Mag, Yes (all) Mfr, OD,Zoning Maps (Historically Significant) Department Preference; GC §34090.7Planning Planning Planning PL-024 PL-025 PL-023 1 year 1 year 1 years P P P P P P S No Ppr Mag, Mfr, OD, Ppr Mag, Zoning Ordinance Amendments, Reclassifications / Zone Change Yes: After Department Preference 1 year (copies); GC §34090.7YesS / I S / I Yes: After Department preference; GC QC & OD §34090Zoning Verification Letters Mfr, OD, Ppr RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 698 Ver. 5.0 RECORDS RETENTION SCHEDULE: PROCUREMENT Page PRO-1 Office of Record Retention No.Records Description Retention / Disposition Comments / Reference Image:DestroyInactive (Records Center) Active (in office) Total Retention Media I=Import Paper after Options M=Mfr S=Scan (OFR)Vital?Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). PROCUREMENT Data Fields / Records areIndefinite - Minimum 5 years Indefinite - Minimum 5 years Procure- ment Procurement Database (Planet Bids) interrelated; meets municipal government auditing standards; GC §34090 PUR-001 Yes Mag Department Preference; meets municipal government auditing standards; Statute of Limitations is 4 years; statewide guidelines propose Audit + 5 years; GC §34090, CCP § 337 Procure- ment Mag, Mfr, OD, PprPUR-002 PUR-003 PUR-004 PUR-005 Purchase Orders / Requisitions Request for Proposals 2 years 2 years 2 years 2 years 3 years 3 years 3 years 5 years 5 years 5 years 2 years S / I No Procure- ment Department Preference; GC §34090Mag, Ppr Department Preference; meets municipal government auditing standards; Statute of Limitations is 4 years; statewide guidelines propose Audit + 5 years; GC §34090, CCP § 337 Procure- ment Mag, Mfr, OD, PprSurplused Equipment / Disposal Unsuccessful Bids / Evaluations S / I No Procure- ment Mag, Ppr GC §34090 RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 699 Ver. 8.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-1 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). PUBLIC WORKS / MAINTENANCE / FACILITIES Lead Dept.PW-001 PW-002 AQMD Permits (Generators, etc.) Facility Inspections 5 years 5 years Mag, Ppr Mag, Ppr 40 CFR 70.6; GC §34090 GC §34090 Public Works / Maint. /2 years 2 years Facilities Generator Operation Logs & Inspections - Fixed / Stationary Generators Generator Operation Logs & Inspections - Portable / Emergency Generators Lead Dept. Lead Dept. Lead Dept. PW-003 PW-004 PW-005 3 years 5 years 3 years 5 years Mag, Ppr Mag, Ppr Mag, Ppr AQMD Rule 1470; GC §34090 AQMD Rule 1470; Form 400–E–13a instructions; GC §34090 Life of Facility or Equipment Operations & Maintenance Manuals (O&M Manuals) Life of Facility or Equipment Department Preference; GC §34090 et. seq. Division Providing Service / Work Work Orders / Service Requests CMMS DATABASE (Computerized Maintenance Management System) Work Orders / Service Requests - All Information Entered in CMMS Database Indefinite - Minimum 5 years Indefinite - Minimum 5 years PW-006 PW-007 Mag Data is interrelated; GC §34090 Division Providing Service / Work When No Longer Required When No Longer Required Preliminary drafts (the database is the original); GC §34090Mag Ppr (Paper drafts) RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 700 Ver. 8.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-2 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Work Orders / Service Requests - NOT entered in CMMS Database Division Providing Service / Work (or partial information entered into CMMS Database)City Preference; CCP §§338 et seq., 340 et seq., 342, GC §34090 PW-008 5 years 5 years Mag Ppr (Division providing service retains originals; Division requesting service is considered a copy) MAINTENANCE / PARKS & LANDSCAPE Public Works / Maint. / Parks & Landscape PW-009 PW-010 PW-011 Arbor Day / Tree City USA, etc.2 years 2 years Mag, Ppr Mag, Ppr Mag, Ppr GC §34090 Life of Facility or Equipment Operations & Maintenance Manuals (O&M Manuals) Life of Facility or Equipment Department Preference; GC §34090 et. seq.Lead Dept. Public Works / Maint. /Department preference; GC §34090Park Safety Checklist 10 years 2 years 10 years 2 years Parks & Landscape Public Works / Maint. / Department Preference (agricultural pesticide records are required for 2 years); GC §34090; 3 CCR 6623 Pesticide Use Permits & ApplicationsPW-012 PW-013 Mag, Ppr Mag, Ppr Parks & Landscape Public Works / Maint. /Department preference; GC §34090Playground Inspections 10 years 10 yearsParks & Landscape RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 701 Ver. 8.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-3 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Public Works / Maint. / Parks & Landscape Department preference; GC §34090PW-014 PW-015 PW-016 PW-017 Sidewalk Complaints - Parks Tree Inventory 10 years 10 years Mag, Ppr Mag Public Works / Maint. / Parks & Landscape Indefinite - Minimum 5 years Indefinite - Minimum 5 years Data is interrelated; GC §34090 Public Works / Maint. / Parks & Landscape Department preference; GC §34090Tree Maintenance Work Orders 30 years 30 years Mag, Ppr Mag Division Providing Service / Work Work Orders / Service Requests CMMS DATABASE (Computerized Maintenance Management System) Indefinite - Minimum 5 years Indefinite - Minimum 5 years Data is interrelated; GC §34090 Work Orders / Service Requests - All Information Entered in CMMS Database Division Providing Service / Work When No Longer Required When No Longer Required Preliminary drafts (the database is the original); GC §34090PW-018 PW-019 Mag Ppr Mag Ppr (Paper drafts) Work Orders / Service Requests - NOT entered in CMMS Database (or partial information entered into CMMS Database) Division Providing Service / Work City Preference; CCP §§338 et seq., 340 et seq., 342; GC §34090 5 years 5 years (Division providing service retains originals; Division requesting service is considered a copy) RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 702 Ver. 8.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-4 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). MAINTENANCE / STREETS & FLEET Aboveground Diesel Storage Tanks (Agency Owned)Department Preference; applies to both Tier I and Tier II Tanks; (Tier II tanks are required to have an integrity test every 20 years); GC §60201 Public Works / Maint. / Streets & Fleets PW-020 20 years 20 years Mag, Ppr Mag, Ppr Spill Prevention Control and Countermeasures (SPCC), Inspections, Integrity Testing, Maintenance, Repairs Lead Dept.PW-021 PW-022 AQMD Permits (Fuel Usage)5 years 5 years 5 years P 40 CFR 70.6; GC §34090 Department Preference (City has "cradle to grave" liability); 40 CFR 262.40, 8 CCR 3204(d)(1)(A), 22 CCR 66262.40 Public Works / Maint. / Streets & Fleets Mag, Mfr, OD, Ppr Hazardous Waste Manifests / Certificates of Disposal Yes: After QC & ODPS Life of Facility or Equipment Operations & Maintenance Manuals (O&M Manuals) Life of Facility or Equipment Department Preference; GC §34090 et. seq.Lead Dept. Lead Dept. PW-023 PW-024 Mag, Ppr Ppr Pre-Trip Inspections / DOT Program / CHP Inspections / Vehicle Safety Checks / Daily Vehicle Inspections / Daily Equipment Checks 2 years 2 years GC §34090; 13 CCR 1234(c) Public Works / Maint. / Streets & Fleets Sidewalk Complaints - Right of Way Department preference; GC §34090PW-025 10 years 10 years Mag, Ppr RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 703 Ver. 8.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-5 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Public Works Indefinite - Minimum 5 years Indefinite - Minimum 5 years / Maint. / Streets & Fleets PW-026 PW-027 Sidewalk Inspection Database Mag Data is interrelated; GC §34090 Department preference; plans must be updated every 5 years, Yes: After audits are required every 2 QC & OD years; SWRCB Order 2006-03; 40 CFR §§122.21, 122.41, Stormwater: Operation &Public Works / Maint. / Streets & Fleets Maintenance (Catch Basins, Field, General Cleaning, Open Channels, Slots, Stormwater Treatment Measures and Trash Cleaning) Mag, Mfr, OD, Ppr 5 years 5 years S / I 122.44; GC §34090 Underground Service Alerts (USA's) / Dig Alerts Required for 3 years; GC §§4216.2(f) & 4216.3(d), 34090Lead Dept.PW-028 PW-029 3 years 3 years P Mag, Ppr Public Works / Maint. / Streets & Fleets Department Preference Yes: After (required for the life of the tank); 1 year 23 CCR 2712(b), H&S Underground Storage Tanks (City- Owned - Removed) Location, Soil Remediation Mag, Mfr, OD, Ppr 10 years P S §25284.2(i); GC §34090 et. seq. Public Works / Maint. / Streets & Fleets 22 CCR 66266.130(c)(5), H&S §25250.18(b), 25250.19(a)(3) et seq. PW-030 PW-031 Used Oil Disposal 3 years 3 years Mag, Ppr Mag, Ppr Department Preference; If a motor carrier, required for 18 months after vehicle is sold; CHP requires life of vehicle; OSHA requires 1 year; 8 CCR § 3203(b)(1); 49 CFR Vehicle & Equipment History FilesPublic Works / Maint. / Streets & Fleets Disposal of Vehicle or Equipment + 2 years Disposal of Vehicle or Equipment + 2 years AQMD Certifications, Maintenance, Registrations, Safety Certifications, etc.396.21(b)(1); 49 CFR 396.3(c); CCP §337 et. Seq., GC §34090 RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 704 Ver. 8.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW-6 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Division Providing Service / Work Work Orders / Service Requests CMMS DATABASE (Computerized Maintenance Management System) Indefinite - Minimum 5 years Indefinite - Minimum 5 years PW-032 Mag Data is interrelated; GC §34090 Work Orders / Service Requests - All Information Entered in CMMS Database Division Providing Service / Work When No Longer Required When No Longer Required Preliminary drafts (the database is the original); GC §34090PW-033 Mag Ppr (Paper drafts) Work Orders / Service Requests - NOT entered in CMMS Database (or partial information entered into CMMS Database) Division Providing Service / Work City Preference; CCP §§338 et seq., 340 et seq., 342, GC §34090 PW-034 PW-035 5 years 5 years Mag Ppr Mag, Ppr (Division providing service retains originals; Division requesting service is considered a copy) SAFETY / ADMINISTRATION Public Works / Safety Employee Training File (Training Certificates) Separation + 3 years Separation + 3 years Department preference; GC §34090Admin. RANCHO CUCAMONGA, CA. ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 705 RESOLUTION NO. FD 2024-007 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ADOPTING REVISED RECORDS RETENTION SCHEDULES, AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS, AND RESCINDING PREVIOUS RECORDS RETENTION SCHEDULES WHEREAS, the objective of a records management program and retention schedule is to control costs, increase space availability, streamline information and consistent record keeping systems, and improve productivity by providing records and information in a timely manner to individuals requiring them; and WHEREAS, California Health & Safety Code Section 13868 and Government Code Section 60200 provide that the legislative body of a fire protection district may authorize at any time the destruction or disposition of any duplicate record, paper, or document, the original or a permanent photographic record of which is in the files of any officer or department of the district; and WHEREAS, California Government Code Section 60201 provides that District records which have served their purpose, which are not expressly required by law to be filed and preserved, and which will not adversely affect any interest of the district or public may be destroyed; WHEREAS, the District has a procedure to maintain a list of the types of records destroyed or disposed of that reasonably identifies the information contained in the records in each category; WHEREAS, the City Attorney has reviewed and approves the Records Retention Schedule as evidenced by his signature on this Resolution, in accordance with the provisions of California Government Code Section 60201; and WHEREAS, the District previously adopted Resolution No. 2023-004 adopting records retention schedules. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT DOES FIND AND RESOLVE AS FOLLOWS: Section 1.The facts set forth in the Recitals, above in this resolution, are true and correct. Section 2.Resolution No. FD 2023-004 and all previous resolutions adopting District records retention schedules are hereby rescinded and replaced with the Fire District Records Retention Schedules adopted herein. Section 3. The Board of Directors hereby adopts as its District Records Retention Schedules, the District Records Retention Schedules set forth in Exhibit “A” attached hereto and incorporated by reference herein. The Board of Directors hereby finds that the destruction or disposition of records in Exhibit A that have exceeded the retention periods set forth therein, and are no longer required for any District purpose, will not adversely affect any interest of the District ATTACHMENT 2RESOLUTION NO. FD 2024-007 - Page 1 of 3 Page 706 or the public. Section 4. The records of the Rancho Cucamonga Fire Protection District, as set forth in the Fire District Records Retention Schedules, Exhibit A, and that are no longer required for any District purpose, are hereby authorized to be destroyed as provided by California Health & Safety Code Section 13868, and Government Code Section 60200, et seq., and in accordance with the provisions of said Schedule and District policies and procedures, without further action by the District’s Board of Directors. Section 5.Minor updates are hereby authorized to be made to the Records Retention Schedules, without any further action by the District’s Board of Directors, that do not alter the retention period or delete records specified in the schedule, with the consent of the City Clerk Services Director, City Attorney and City Manager. Minor updates are defined as improvement in Records Descriptions, changes in Office of Record / Inactive timeframes (but not the Total Retention Period), whether to Image a record, and the Justification. Section 5. The term “records” as used herein shall include records, documents, instructions, books, microforms, electronic files, magnetic tape, optical media, instruments, writings, and/or paper regardless of media, as defined by the California Public Records Act and as those terms are used in Health & Safety Code Section 13868 and Government Code Section 60200, et seq. Section 6. The Clerk of the Board of Directors shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 7. This resolution shall become effective immediately upon its passage and adoption. RESOLUTION NO. FD 2024-007 - Page 2 of 3 Page 707 PASSED, APPROVED AND ADOPTED this 5th day of June 2024. _____________________________ L. Dennis Michael, President ATTEST: _ Janice C. Reynolds, Clerk I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 5th day of June 2024. AYES: NOES: ABSENT: ABSTAINED: Executed this 6th day of June 2024, at Rancho Cucamonga, California. Janice C. Reynolds, Clerk APPROVED AS TO FORM: Nicholas R. Ghirelli, City Attorney Richards, Watson & Gershon RESOLUTION NO. FD 2024-007 - Page 3 of 3 Page 708 HOW TO USE RETENTION SCHEDULES ©1995-2024 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission A legend explaining the information presented in the retention schedule; please read this for an explanation of every column. The specified retention period applies regardless of the media of the record: If a record is stored on paper and electronic format (a computer file on a hard drive), all electronic and paper records should be destroyed (or deleted / erased) after the specified period of time has elapsed and authorization to destroy has been obtained. Copies or duplicates of records should never be retained longer than the prescribed period for the official (original) record, and drafts and copies should be destroyed as soon as they are no longer required. The term “records” shall include documents, instructions, books, microforms, electronic files, magnetic tape, optical media, or papers as defined by the California Public Records Act. STRUCTURE: CITYWIDE, DEPARTMENTS & DIVISIONS The City-wide retention schedule includes those records all departments have in common (letters, memorandums, purchase orders, etc.). These records are NOT repeated in the Department retention schedule, unless that department is the Office of Record, and therefore responsible for maintaining the official (original) record for the prescribed length of time. Each department has a separate retention schedule that describes the records that are unique to their department, or for which they are the Office of Record. Where appropriate, the department retention schedules are organized by Division within that Department. If a record is not listed in your department retention schedule, refer to the City-wide retention schedule. An index will be provided for your reference. BENEFITS This retention schedule has been developed by Diane R. Gladwell, MMC, an expert in Municipal Government records, and will provide the City with the following benefits: • Reduce administrative expenses, expedite procedures • Free filing cabinet and office space • Reduce the cost of records storage • Eliminate duplication of effort within the City • Find records faster • Easier purging of file folders • Determine what media should be used to store records For questions, please contact the City Clerk. AUTHORIZATION TO DESTROY RECORDS: Destruction of an official (original) record that has exceeded its retention period must be authorized according to City Policies & Procedures prior to destroying it. •If there is a minimum retention (“Minimum 2 years"), destruction of the document must be authorized before it is destroyed, as it is an official (original) record. Copies, drafts, notes and non-records do NOT require authorization, and can be destroyed “When No Longer Required.” •If there is NOT a minimum retention ("When No Longer Required"), it does NOT need to be authorized prior to destruction, as it is a preliminary draft / transitory record or a copy. On every page of the schedules (near the top, just under the column headings) are important instructions, including instructions regarding holds on destroying records. “Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or resolution).” Page 709 RECORDS RETENTION SCHEDULE LEGEND ©1995 – 2024 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission OFR (Office of Record): The department that keeps the Official (original or “record copy”) record for its retention period, then authorizes destruction. Usually it is the department that originates the record. Records Description: The record series (a group of like records). Non-Record: Documents, studies, books and pamphlets produced by outside agencies, preliminary drafts not retained in the ordinary course of business. Retention/Disposition:Active: How long the file remains in the immediate office area (guideline) Inactive: How long the file is in off-site storage, stored on Optical Disk or Microforms (guideline) Total Retention: The total number of years the record is retained For file folders containing documents with different retention timeframes, use the document with the longest retention time. P = Permanent Indefinite = No fixed or specified retention period; used for databases, because the data fields are interrelated. Vital? = Those records that are needed for basic operations in the event of a disaster. Media Options (guideline) terms used in State law:Mag = Electronic Computer Magnetic Media (Hard drives, Networks, USB Drives, Cloud, etc.) Mfr = Microforms (aperture cards, microfilm, microfiche, or jackets) Ppr = Paper OD = Optical Disk, Immutable Cloud Media, CD-r, DVD-r, WORM (Write Once, Read Many) media), or other Unalterable Media which does not allow changes Scan / Import (guideline):“S” indicates the record should be scanned into the document imaging system; “I” indicates the record should be electronically imported into the document imaging system; “M” indicates the record was microfilmed Destroy Paper after Imaged & QC’d (quality checked) / Trustworthy Electronic Record: “Yes” means the electronic record may serve as the OFFICIAL record (and the paper version may be destroyed, or the record may be electronically generated and never exist in paper format;) IF (legal requirements) the electronic record is also placed on Unalterable Media, Immutable Cloud Media, Optical Disk (OD), DVD-R, CD-R, Blue-ray-R, or WORM, or microfilmed) which is stored in a safe & separate location. Employees are required to Quality Check (“QC’d”) both the images and the indexes, and ensure the electronic record contains all significant details from the original and be an adequate substitute for the original document for all purposes, and other legal mandates apply. Includes all electronic records which are to serve as the Official Record. Legend for legal citations (§: Section) CC: Civil Code (CA) CFC: California Fire Code B&P: Business & Professions Code (CA) CCP: Code of Civil Procedure (CA) CFR: Code of Federal Regulations (US) FA: Food & Agriculture Code GC: Government Code (CA) LC: Labor Code (CA) PRC Public Resources Code USC: United States Code (US) CBC: California Building Code CCR: California Code of Regulations (CA) EC: Elections Code (CA) EVC: Evidence Code (CA)FC: Family Code (CA) FTB: Franchise Tax Board (CA) HUD: Housing & Urban Develop. (US) PC: Penal Code (CA) H&S: Health & Safety Code (CA) Ops. Cal. Atty. Gen..: Attorney General Opinions (CA) R&T: Revenue & Taxation Code (CA) VC: Vehicle Code (CA)UFC: Uniform Fire Code W&I: Welfare & Institutions Code (CA) Page 710 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-1 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). CITY-WIDE (Used by All Departments) Accident, Incident, InjuryHuman Resources / Risk Copies - When No Longer Copies - When No Longer reports: PUBLIC & EMPLOYEES, with associated MSDS, if a chemical was involved Mag, Ppr Copies retained for reference; GC §§34090.7, 60200CW-001 Management Required Required Accounts Payable, Invoices, Petty Cash, Warrant Requests, etc. Copies - When No Longer Copies - When No Longer All originals go to Finance (these are copies); GC §§34090.7, 60200 Yes: Before Mag,Finance CW-002 Payment Ppr ALL backup is forwarded to Finance Required Required Mag, PprLead Dept. Lead Dept. CW-002.1 Administrative Hearings 2 years 2 years 2 years 2 years GC §§34090 Brown Act challenges must be filed within 30 or 90 days of action; Statute of Limitations on Municipal Government actions is 3 - 6 months; GC §§34090, 54960.1(c)(1) Affidavits of Publications /Mag, Mfr, OD, Ppr Public Hearing Notices / Legal Advertising / Affidavits of Posting CW-003 Copies - When No Longer Required Copies - When No Longer Copies - When No Longer Required Copies - When No Longer Mag, Mfr, OD, Ppr Agenda Packets / Staff Reports: City Council Yes: After QC &ODCity Clerk City Clerk CW-004 CW-005 S S GC §§34090.7, 60200 Mag, Mfr, OD, Ppr Yes: Upon Ensure the City Clerk receives Completio all original agreements; GCAgreements & Contracts ALL ORIGINALS n §§34090.7, 60200RequiredRequired RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 711 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-2 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Some Grants require audits; Grants covered by a Consolidated Action Plan are required for 5 years; Uniform Admin. Requirements for Agreements & Contracts: ADMINISTRATIVE FILES (with Grant Funding) 10 years or After Funding Agency Completion + 10 years or After Funding Agency Audit, if required, whichever is longer Grants to Local Governments is 3 years from expenditure report or final payment of grantee or subgrantee; 2 CFR 200.334; 24 CFR 91.105(h), 92.505, 570.490, & 570.502(a), 29 CFR 97.42; OMB Circular A- 110 & A-133; GC §§34090, 60201 et seq.; GC §8546.7 Mag, Mfr, OD, Ppr Yes: Upon Completio n Yes: Before CompletionLead Dept.CW-006 (Correspondence, Insurance Certificates, Project Administration, Project Schedules, Certified Payrolls, Invoices, Logs, RFP, etc.) Completion S/IAudit, if required, whichever is longer Covers E&O Statute of Limitations (insurance certificates are filed with agreement); Published Audit Standards=4-7 years; Statute Agreements & Contracts: ADMINISTRATIVE FILES Mag, Mfr, OD, Ppr Yes: Upon of Limitations: Contracts & Completio Spec's=4 years, WrongfulCompletion + Yes: Before 10 years CompletionLead Dept.CW-007 (Correspondence, Project Administration, Project Schedules, Certified Payrolls, Invoices, Logs, RFP, etc.) Completion 10 years S/I n Death=comp. + 5 years, Developers=comp. + 10 years; Statewide guidelines propose termination + 5 years; CCP §337 et. seq., GC §34090, 60201 RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 712 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-3 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Agreements & Contracts: UNSUCCESSFUL BIDS, UNSUCCESSFUL PROPOSALS or RESPONSES to RFPs (Request for Proposals) and/or RFQs (Request for Qualifications) that don't result in a contract Mag, PprLead Dept.CW-008 2 years 2 years GC §§34090, 60201 et seq. Copies; GC §§34090.7, 60200 Copies - When No Longer Copies - When No Longer Audits / Audit Reports / Annual Financial Reports Mag, PprFinanceCW-009 CW-010 CW-011 Required Required Bids: See Agreements & Contracts Department Staff Meetings (all Records, including Minutes and Recordings, Department Awards) Boards, Commissions, & Committees: External Organizations Mag, Ppr GC §§34090 et seq., 60201 et seq.Staffing Dept.2 years 2 years When No Longer Required When No Longer Required Mag, PprCW-012 Non-records (e.g. County Board of Supervisors) RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 713 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-4 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Boards, Commissions, & Committees: Residents Advisory Bodies Formed by CITY COUNCIL AGENDAS, AGENDA PACKETS Boards, Commissions, & Committees: Residents Advisory Bodies Formed by CITY COUNCIL AUDIO RECORDINGS of Meetings / Audio Tapes Boards, Commissions, & Committees: Residents Advisory Bodies Formed by CITY COUNCIL Brown Act challenges must be filed within 30 or 90 days of action; GC §§34090, Minimum 2 years Minimum 2 years Mag, PprStaffing Dept. Staffing Dept. Staffing Dept. CW-013 CW-014 CW-015 54960.1(c)(1) Department preference; State law only requires for 30 days; GC §54953.5(b) Mag, OD2 years 2 years Department Preference; Video recording of meetings are only required for 90 days if audio or another record is made; GC §§34090.7, 34090 Minimum 3 years Minimum 3 years Mag, OD VIDEO RECORDINGS of Meetings / Audio Tapes Boards, Commissions, & Committees: Residents Advisory Bodies Formed by CITY COUNCIL Mag, Mfr, OD, Ppr Staffing Dept. Finance CW-016 CW-017 P P S No GC §§34090, 60201 et seq. MINUTES & BYLAWS Copies - When No Longer Copies - When No Longer Mag, Mfr, OD, Ppr Final must be filed with County Auditor; GC §§34090.7, 60200, 40802, 53901 Yes: Current Fiscal Year Yes: After 5 yearsBudgets - Finals S/I Required Required RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 714 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-5 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Copies - When No Longer Copies - When No Longer Cash Receipts Detail / Backup / Accounts Receivable Detail / Refund Detail Mag, PprFinanceCW-018 CW-019 GC §§34090.7, 60200 Required Required Lead (Requesting) Dept. Minimum 2 years Minimum 2 years Mag, Ppr City preference; GC §§34090, 60201 et seq.City Attorney Opinions Copies - When No Longer Required (Final Copies - When No Longer Required (Final Human Resources / Risk Yes: Before Mag,Yes: After Final Disposition CW-020 CW-021 Claims Final Disposition Mfr, OD, Ppr S/I GC §§34090.7, 34090.6 Management Disposition)Disposition) City preference; Statute of Limitations for personal property, fraud, etc. is 3 years; Claims must be filed within 6 months; CCP §340 et seq., 342, GC §§ 911.2, 34090, 60201 et seq. Lead (Responding) Dept. Complaints / Concerns from Citizens Minimum 2 years Minimum 2 years Mag, Ppr Send to Human Resources Send to Human Resources Human Resources Mag, PprCW-022 CW-023 Complaints Against Employees Contracts: See Agreements GC §§34090.7, 60200 Copies - When No Longer Copies - When No Longer Copies or duplicates of any recordLead Dept.CW-024 Mag Ppr GC §§34090.7, 60200 Required Required RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 715 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-6 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Correspondence - ROUTINE (Content relates in a substantive way to the conduct of the public's business) ONLY IF the Content relates inDept. that Authors Document or Receives the City's Original Document a substantive way to the conduct of the public's business; City of San Jose v. Superior Court (Smith). S218066. Supreme Court of California, 2017; GC §§34090, 60201 (e.g. Administrative, Chronological Files, e-mail, General Files, Letters, Memorandums, Miscellaneous Reports, Press Releases, Public Records Requests, Reading Files, Working Files, etc.) Mag, PprCW-025 2 years 2 years IF the Content relates in a SUBSTANTIVE way to the conduct of the public's business RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 716 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-7 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Electronic and paper recordsCorrespondence - TRANSITORY / PRELIMINARY DRAFTS, Interagency and Intraagency Memoranda NOT retained in the ordinary course of business are categorized, filed and retained based upon the CONTENT of the record. Records where either the Content relates in a substantive way to the conduct of the public's business, or ARE made or retained for the purpose of preserving the informational content for future reference are saved by placing them in an electronic or paper (project) file folder and retained for the applicable retention period. If not mentioned here, consult the City Attorney to determine if a record is considered Content NOT Substantive, or NOT made or retained for the purpose of preserving the informational content for future reference Dept. that Authors Document or Receives the City's Original Document When No Longer Required When No Longer Required Mag, PprCW-026 (e.g. calendars, checklists, e-mail or social media posting, flyers, invitations, instant messaging, inventories, logs, mailing lists, meeting room registrations, speaker cards, staff videoconference chats, notes and recordings, supply inventories, telephone messages, text messages, transmittal letters, thank yous, requests from other cities, undeliverable envelopes, visitors logs, voice mails, transitory / preliminary draft. GC §§34090, 7927.500, 7928.705. 6252, 6254(a); 64 Ops. Cal. Atty. Gen. 317 (1981)); City of San Jose v. Superior Court (Smith). S218066. Supreme Court of California, 2017webpages, etc.) RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 717 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-8 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Deeds, Easements, Final Orders of Condemnations, Liens, Recorded Documents, Rights of Ways (All) Copies - When No Longer Copies - When No Longer Mag, Ppr Send all originals to the City Clerk; GC §§34090.7, 60200City Clerk CW-027 CW-028 Required Required Deposit Accounts / Trust Accounts / Refundable Deposits Department preference; meets auditing standards; GC §§34090, 60201 et seq. Close + 5 years Close + 5 years Mag, PprLead Dept. Transitory or source records not retained in the ordinary course of business; CHP audits every 2 years; Bureau of National Affairs recommends 2 years for all supplementary Personnel records; GC 2 years After Superseded or Separated 2 years After Superseded or Separated Lead Dept.CW-029 DMV Pull Notices Mag Ppr §§34090, 60201 et seq. As long as the drafts and notes are not retained in the "Regular Course of Business". Consult the City Attorney to determine if a record is considered a When No Longer Required When No Longer Required Drafts & Notes: Drafts that are revised (retain final version) Mag, PprLead Dept.CW-030 draft. GC §§34090, 7927.500, 7928.705 6252, 6254(a) RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 718 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-9 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). The Lead Department should print out historical documents (or save source data) prior to GIS Database / Data / Layers (both City-wide and Specialized) When No Longer Required When No Longer Required replacing the data, if they require the data or output for historical purposes; Department Preference (Preliminary documents); GC §§34090, 60201 et seq. et seq. Lead Dept. Lead Dept. CW-031 CW-032 Yes Mag Grants (UNSUCCESSFUL Applications, Correspondence) Mag, Ppr2 years 2 years GC §§34090, 60201 et seq. Meets auditing standards; Grants covered by a Consolidated Action Plan are required for 5 years; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report or final payment of grantee or subgrantee; 2 CFR 200.334; 24 CFR 91.105(h), 92.505, 570.490, & 570.502(a), 29 CFR 97.42; OMB Circular A- 110 & A-133; GC §§34090, 60201 et seq.; GC §8546.7 Grants / CDBG / Reimbursable Claims / FEMA Claims / OES Claims (SUCCESSFUL Reports, other records required to pass the funding agency's audit, if required) After Funding Agency Audit, if Required - Minimum 5 Minimum 5 years After Funding Agency Audit, if required -Mag, PprLead Dept.CW-033 2 years Applications (successful), grant agreement, program rules, regulations & procedures, reports to grant funding agencies, correspondence, audit records, completion records years RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 719 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-10 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Send all grievances to Human Resources; All State andCopies - When No Longer Copies - When No Longer Federal laws require retention until final disposition of formal complaint; State requires 2 years after action is taken; GC §§12946, 12960, 34090 Human Resources Grievances and Informal Complaints (Employees) Yes: Before Disposition Mag, PprCW-034 Required Required Litigation Files / Lawsuits / Court Case Files Final Resolution + 5 years Final Resolution + 5 years Department preference; CCP §§ 337 et seq.; GC §§ 911.2, 34090, 34090.6 Yes: Until Settlement Mag, PprLead Dept. Lead Dept. CW-035 CW-036 Send Final Settlement Agreements to the City Clerk Preliminary drafts not retained in the Regular Course of Business GC §§34090, 60201 et seq. When No Longer Required When No Longer Required Leave Slips / Time Off Requests Mag, Ppr Previous MSDS may be obtained from a service; MSDS may be destroyed as long as a record of the chemical / substance / agent, where & when it was used is maintained for 30 years; Applies to qualified employers; Claims can be made for 30 years for toxic substance exposures; 8 CCR 3204(d)(1)(B)(2 and 3), 29 CFR 1910.1020(d)(1)(i), GC §§34090, 60201 et seq. Material Safety Data Sheet (MSDS) / Safety Data Sheet (SDS) Chemical Use Report Form (or records of the chemical / substance / agent, where & when it was used) While Chemical In Use Mag, Mfr, OD, Ppr Yes - After QC & ODLead Dept.CW-037 30 years 30 years S RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 720 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-11 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Copies - When No Longer Copies - When No Longer Mag, Mfr, OD, Ppr Originals maintained by City Clerk Permanently; GC §§34090.7, 60200 City Clerk CW-038 Minutes - City Council Yes (all)S No Required Required Return any whole unused codes to the City Clerk; Originals maintained by City Clerk Permanently; GC §§34090, 60201 et seq. Copies - When No Longer Copies - When No Longer Mag, Mfr, OD, Ppr Municipal Code (these are copies) Yes: Current OriginalCity Clerk CW-039 I No Required Required When No Longer Required When No Longer Required Non-records - may be obtained from the newspaper company; GC §§34090, 60201 et seq. Lead Dept. Staffing Dept. City Clerk CW-040 CW-041 CW-042 CW-043 Newspaper Clippings Ppr Statute of Limitations on Municipal Government actions is 3 - 6 months; GC §§34090, 60201 et seq. Notices: Public Hearing Notices and Proofs of Publications Mag, Ppr2 years 2 years Copies - When No Longer Copies - When No Longer Mag, Mfr, OD, Ppr Originals maintained by City Clerk Permanently; GC §§34090, 60201 et seq. Ordinances - City Council Yes (all)S No Required Required Human Resources / Risk Send to Human Resources Send to Human Resources OSHA Inspections or Citations Ppr GC §§34090.7, 60200 Management Ensure records kept in Do Not Retain in Departments Do Not Retain in Departments Department files comply with City policy (all originals are sent to Human Resources); GC §§34090.7, 60200 Human Resources Personnel Files (Department- level Files) Before Separation Mag, PprCW-044 RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 721 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-12 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Shred After Incorporation into Performance Evaluation or Documented Discipline Shred After Incorporation into Performance Evaluation or Evaluation Documented Notes maintained in a separate folder to be incorporated into performance evaluation, or to document progressive discipline; GC §§34090 et seq., 60201 et seq. Before AnnualPersonnel Files (Supervisor's Notes) Mag, PprLead Dept. Lead Dept. CW-045 CW-046 Discipline Preliminary Drafts; (retention is placed on the record the photograph is used in - Brochure, Report, etc.); destroy unnecessary photographs. GC §§34090 When No Longer Required When No Longer Required Mag, PprUnused Photographs Public Relations / Press Releases Mag, PprLead Dept. Lead Dept. CW-047 CW-048 2 years 2 years 2 years 5 years GC §§34090, 60201 et seq. Mag, Mfr, OD, Ppr Yes: After Department preference; GC QC &OD §§34090, 60201 et seq.Purchase Orders / Requisitions 3 years S Not accessible to the public; Statewide Guidelines show 2 years; GC §§34090, 60201 7928.705 6254(h) Lead Dept. (Who Ordered the Appraisal) Real Estate Appraisal Reports: Property NOT purchased, Loans not funded, etc. Mag, PprCW-049 2 years 2 years RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 722 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-13 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Not accessible to the public until purchase has been completed; meets municipal Yes: After government auditing QC &OD standards; Statewide Lead Dept. (Who Ordered the Appraisal) Real Estate Appraisal Reports: Purchased Property, Funded Loans Mag, Mfr, OD, Ppr Minimum 3 years Minimum 5 yearsCW-050 2 years S Guidelines show 2 years; GC §§34090, 60201, 6254(h) 7928.705 Copies - When No Longer Copies - When No Longer Records Destruction Lists / Certificate of Records Destruction Mag, PprCity Clerk CW-051 CW-052 GC §§34090.7, 60200 Non-Records Required Required Reference Materials: Policies, Procedures, Brochures, Flyers, Manuals, Newsletters, etc.: Produced by OUTSIDE ORGANIZATIONS (League of California Cities, Chamber of Commerce, etc.) When No Longer Required When No Longer Required Mag, Ppr Reference Materials: Policies, Procedures, Brochures, Flyers, Manuals, Newsletters, etc.: Produced by YOUR Department preference; Statewide guidelines propose superseded + 2 or 5 years; GC §34090 Minimum 2 years Minimum 2 years Mag, PprLead Dept. Lead Dept. CW-053 CW-054 Department Reference Materials: Policies, Procedures, Brochures, Flyers, Manuals, Newsletters, etc.: Produced by OTHER When Superseded When Superseded Mag, Ppr Copies; GC §§34090.7, 60200 Departments RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 723 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-14 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Reference or Working Files:CW-055 See Correspondence Administratively and Yes: After Historically significant, 10 years therefore retained permanently; GC §§34090, 60201 et seq. Reports and Studies (Historically significant - e.g., Zoning Studies) Mag, Mfr, OD, Ppr Lead Dept. Lead Dept. CW-056 10 years 10 years P P S/I Department preference; Information is outdated after 10 years; statewide guidelines propose 2 years; If historically significant, retain permanently; GC §34090 Reports and Studies (other than Historically significant reports - e.g. Annual Reports) Mag, PprCW-057 10 years Copies - When No Longer Copies - When No Longer Mag, Mfr, OD, Ppr Originals maintained by City Clerk Permanently; GC §§34090.7, 60200 City Clerk CW-058 CW-059 Resolutions - City Council Yes (all)S No Required Required Special Projects / Subject Files / Issue Files Minimum 2 years Minimum 2 years Mag, Ppr Department Preference; GC §§34090, 60201 et seq. et seq.Lead Dept. Surveys / Questionnaires (that the City issues) If a summary of the data is compiled, the survey forms are considered a draft or transitory record, and can be destroyed as drafts (When No Longer Required) Mag, PprLead Dept.CW-060 2 years 2 years GC §§34090, 60201 et seq. RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 724 Ver. 13.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-15 Office of Record Retention No.Records Description Retention / Disposition Total Comments / Reference Destroy Paper after Imaged & QC'd? Image: Media I=Import Options M=Mfr S=Scan Inactive (Records Center) Active (in office)(OFR)Vital?Retention Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, public records act requests, and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Copies - When No Longer Required When No Longer Copies - When No Longer Required When No Longer Time Cards / Time Sheets (Finance keeps the originals with employee signatures) Mag, Mfr, OD, Ppr Finance / Payroll Yes: After QC & ODCW-061 CW-062 S / I GC §§34090.7, 60200 et seq. Preliminary drafts (the time card is the final record); GC §§34090, 60201 et seq. Lead Dept.Time Off Requests Ppr Required Required Department preference; Ethics Training is 5 years; Statewide guidelines propose 7 years; Calif. Labor Division is required to keep their OSHA records 7 years; EEOC/FLSA/ADEA Training - ALL COURSE RECORDS Mag, Mfr, OD, Ppr Yes: When (Age) requires 3 years for Inactive promotion, demotion, transfer, selection, or discharge; State Law requires 2 -3 years for personnel actions; 8 CCR Lead Dept.CW-063 (Attendance Rosters, Outlines and Materials; includes Ethics, Harassment Prevention & Safety Training & Tailgates) 2 years 5 years 7 years S §3203 et seq., 29 CFR 1627.3(b)(1), LC §6429(c); GC §§12946, 12960, 34090, 53235.2(b), 53237.2(b) RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revision Adopted: 4/19/2023 Page 725 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-1 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). ACCOUNTING AND FINANCIAL REPORTING Department Preference; IRS: 4 Finance / Accounting & Financial Reporting years after tax is due or paid (longer for auditing & contractor delinquency); Ca. FTB: 3 years; IRS Reg §31.6001-1(e)(2), R&T §19530, GC §§34090, 60201 1099's / 1096's / DE542 (California Report of Independent Contractors) FIN-001 FIN-002 2 years 3 years 5 years Mag, Ppr May contain Fire District independent contractor's compensation, expense reimbursement, or District credit card records; Meets municipal government auditing standards; Published articles show 3 - 7 years; GC §§60201(d)(12), 34090 Accounts Payable / Invoices and BackupFinance / Accounting & Financial Reporting Yes: Until Mag, Mfr,Yes: After 1 year2 years 5 years 7 years S / I(Includes Invoices, Travel Expense Reimbursements, Warrant Request, etc.) Paid OD, Ppr Finance / Accounting & Financial Reporting Accounts Receivable -Department preference; Meets auditing standards; GC §§34090, 60201 et seq. Miscellaneous - Damage to Public Property, Invoices to Outside Entities, etc. Mag, Mfr, OD, Ppr Yes: After QC & ODFIN-003 FIN-004 2 years 2 years 3 years 3 years 5 years 5 years S / I Department Preference (meets municipal government auditing standards); Statewide guidelines propose audit + 4 years; Published articles show 3 - 7 years; GC §§34090, 60201 Finance / Accounting & Financial Reporting Audit Work Papers Mag, Ppr RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 726 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-2 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Finance / Accounting & Financial Reporting Audits - Annual Financial Reports Department Preference GC §§34090, 60201FIN-004.1 2 years P P Mag, Ppr Department Preference (meets municipal government auditing standards); Statewide guidelines propose audit + 4 years; Published articles show 3 - 7 years; GC §§34090, 60201 Finance / Accounting & Financial Reporting Audits - Single Audits, Grant Audits, IRS Audits, Transportation Audits, PERS Audit, etc. 3 years after 5 years afterFIN-005 2 years Mag, PprAuditAudit Bank Statements and Trustee Statements, Fiscal Agent Statements, Investment Account Statements, Bank Reconciliations, Bank Deposits, Bank Transmittal Advice Finance / Accounting & Financial Reporting Department Preference; meets auditing standards; GC §§60201(d)(12), 34090, 26 CFR 31.6001-1 FIN-006 2 years 5 years 7 years Mag, Ppr Department Preference; Statute of Limitations for bonds,Bonds (Revenue) Official Statements / Transcripts / Certificates of Participations (COPs) - Includes Continuing Disclosure Reports, and all Special District Bonds mortgages, trust deeds, notes or debentures is 6 years; Bonds issued by local governments are 10 years; There are specific requirements for disposal of unused bonds; CCP §§336 et seq. 337.5(a); 26 CFR 1.6001- 1(e): GC §43900 et seq. Finance / Accounting & Financial Reporting Fully Defeased + 10 years Fully Defeased + 10 years Yes: Until MaturityFIN-007 Mag, Ppr Mag, Ppr See Bank Statements for statement retention. Finance / Accounting & Financial Reporting Department Preference; meets auditing standards; GC §§34090, 60201 Budget Appropriation Transfer RequestsFIN-007.1 2 years 5 years 7 years RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 727 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-3 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Finance /CalPERS Reports - Annual Valuation Reports, Actuarial Valuation Reports Accounting & Financial Reporting Finance / Accounting & Financial Reporting Department Preference; GC §§34090, 60201FIN-008 FIN-009 2 years 2 years 2 years 3 years 7 years 5 years Mag, Ppr Cash Receipts / Daily Cash Summaries / Cashiers Reports / Cash Reports / Petty Cash Department preference; Meets auditing standards; GC §§34090, 60201 et seq. Mag, Mfr, OD, Ppr Yes: After QC & ODS / I May contain Fire District independent contractor's compensation, expense reimbursement, or District credit card records; Meets municipal government auditing standards; Published articles show 3 - 7 years; GC §§ 34090, Finance / Accounting & Financial Reporting Mag, Mfr, OD, Ppr Yes: After QCFIN-010 Checks / Warrants (Cashed)3 years 4 years 7 years S 60201(d)(12) Finance / Accounting & Financial Reporting Department preference; Delinquencies remain on credit reports for 7 years; GC §§34090, 60201 et seq. Department Preference; IRS: 4 yrs after tax is due or paid; Ca. FTB: 3 years; Articles show 7 years; IRS Reg §31.6001- 1(e)(2), R&T §19530; 29CFR 516.5 - 516.6, 29USC 436, GC §§34090, 60201 Collections / Collection Agency Case Files & Statements / Delinquent Accounts FIN-011 FIN-012 7 years 5 years 7 years 7 years Mag, Ppr Mag, Ppr DE-6, DE-7, DE-9, DE-43, W-3, & DE-166, 941 Forms, IRS 5500 Forms (Employee Benefit Plans), PERS / FICA & Medicare Adjustments - Quarterly Payroll Tax Returns / OASDI, Federal Tax Deposits, Adjustments, etc. Finance / Accounting & Financial Reporting 2 years RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 728 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-4 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Produced by Deferred Comp. Finance / Accounting & Financial Reporting Provider; consistent with Deferred Compensation (City Statements) proposed statewide guidelines; published articles for bank statements show 4 -7 years; GC §34090, 26 CFR 31.6001.1 Department preference; All tangible property held by government agencies escheats after 3 years; Statute of Limitations is 1 year for seized property; CCP §§340(d), 1519; GC §§34090, 60201 FIN-013 2 years 5 years 7 years Mag, Ppr Finance / Accounting & Financial Reporting Escheat (Unclaimed money / uncashed checks)FIN-014 5 years 1 year 5 years Mag, Ppr Finance / Accounting & Financial Reporting FEMA Reimbursement / OES Reimbursements Department Preference; GC §§34090, 60201FIN-015 FIN-016 9 years 10 years Mag, Ppr Mag Data is interrelated; Meets municipal government auditing standards; May include Employee Reimbursement; GC §§34090; 60201(d)(12) Finance / Accounting & Financial Reporting Indefinite - Minimum 7 years Indefinite - Minimum 7 years Financial Services Database Yes Department Preference (bond auditing purposes; IRS r e g u l a t i o n s s t aFinance / Accounting & Financial Reporting records should generally be kept for as long as the bonds are outstanding, plus 3 years after the final redemption date of the bonds"); 26 CFR 1.6001-1(e); GC §§34090, 60201 FIN-017 Fixed Assets 2 years 3 years 5 years Mag, Ppr RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 729 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-5 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Finance / Accounting & Financial Reporting Department Preference; meets auditing standards; GC §§60201(d)(12), 34090, 26 CFR 31.6001-1 Department preference; W-4s are required four years after the due date of such tax for the return period to which the records relate, or the date such tax is paid, whichever is the later. 26 CFR 31-6001-1; GC §60201(d)(12); GC §§34090, 60201 Journal Entries / Journal VouchersFIN-018 FIN-019 FIN-020 2 years 5 years 5 years 7 years Mag, Ppr Mag, Ppr Finance / Accounting & Financial Reporting Payroll File (By Employee Name) Includes W-4, other payroll forms Separation + 2 years Separation + 7 years Finance / Accounting & Financial Reporting Department preference for SBCERA Buy-backs; GC §§34090, 60201 Mag, Mfr, OD, Ppr Yes: After QC & ODPayroll Reports - Annual Detail P P S / I Department preference for Grant Auditing Purposes; May contain independent contractor's Finance / Accounting & Financial Reporting Payroll Reports - Periodic (includes Deduction Registers, Leave Registers, Time compensation, expense reimbursement, or District credit card records; Meets municipal government auditing standards; Published articles show 3 - 7 years; GC §60201(d)(12); GC §§34090, 60201 FIN-021 2 years 5 years 7 years Mag, Ppr Transaction Reports, etc.) RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 730 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-6 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Reports / Finance Reports created from Database; Subsidiary Ledgers, Reconciliations, Registers, Transaction Histories, Balance Sheets, Revenue & Expenditure Reports, etc. (MONTHLY OR PERIODIC) Department preference (The Financial System Database is the original; reports are considered drafts or copies); GC §§34090, 60201 Finance / Accounting & Financial Reporting When No Longer Required When No Longer Required FIN-022 Mag, Ppr Reports: Annual State or Federal: State Controller's Report, Local Government Compensation Report, Gas Tax, MOE (Maintenance of Effort) Report, Street Report, etc. Finance / Accounting & Financial Reporting Department Preference; Meets auditing standards; GC §§34090, 60201 Mag, Mfr, OD, Ppr Yes: After QC & ODFIN-023 FIN-024 2 years 5 years 3 years 5 years 5 years S / I Finance / Accounting & Financial Reporting Department Preference; Meets auditing standards; GC §§34090, 60201 Returned Checks / NSF Checks Mag, Ppr Department preference for Grant Auditing Purposes; Meets municipal government auditing standards; Published articles show 3 - 7 years; GC Finance / Accounting & Financial Reporting Time Sheets / Time Cards / Overtime Sheets / Overtime Cards Mag, Mfr, OD, Ppr Yes: After 2 yearsFIN-025 2 years 5 years 7 years S §60201(d)(12); GC §§34090, 60201 Finance / Accounting & Financial Reporting Vehicle Titles (Pink Slips) - All Vehicles Sale or Disposal Sale or Disposal Department Preference; GC §§34090, 60201FIN-025.1 Mag, Ppr RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 731 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-7 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Department preference for Grant Auditing Purposes; MeetsFinance / Accounting & Financial Reporting municipal government auditing standards; Published articles show 3 - 7 years; GC §60201(d)(12); GC §§34090, 60201 FIN-026 FIN-027 W-2's W-9s 2 years 5 years 7 years Mag, Ppr Finance / Accounting & Financial Reporting Vendor Inactive + 3 years Vendor Inactive + 3 years Yes: Until Mag, Mfr,Yes: After Meets IRS auditing standards; QC & OD GC §§34090, 60201S / IPaidOD, Ppr RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 732 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-8 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). BUDGET MANAGEMENT Budgets - Preliminary, Proposed, Finance / Budget Manage. Backup Documents When No Longer Required When No Longer Required Preliminary drafts; GC §§34090, 60201FIN-028 Mag, Ppr (The Final Budget is maintained by the City Clerk) BUSINESS LICENSE & REVENUE Finance / Business License & Revenue Finance / Business License & Revenue Finance / Business License & Revenue Data Fields / Records are interrelated; meets municipal government auditing standards; GC §§34090, 60201 Indefinite - Minimum 5 years Indefinite - Minimum 5 years Business License & Permit DatabaseFIN-029 FIN-030 FIN-031 Yes Mag Department preference (Used by Planning for Zoning Clearances); GC §§34090, 60201 et seq. Business License & Permit Applications and Changes Mag, Mfr, OD, Ppr Yes: After QC & ODPPS / I Department preference (meets municipal government auditing requirements); GC §§34090, 60201 et seq. Business License & Permit Renewals 5 years 5 years Mag, Ppr SPECIAL DISTRICTS Assessment Districts, Street Finance / Special Districts Lighting and Landscape Districts FIN-031.5 Formation and Boundaries /Mag, Mfr, OD, Ppr Yes: After Department preference; GC QC & OD §§34090, 60201PPS E n g i n e e r ’ s R e p o r Annual Assessments for Districts) Assessment Rolls / Lighting and Landscape Districts / Special District Assessment Rolls (to Tax Assessor for Tax Rolls) Finance / Special Districts Department preference; Meets auditing standards; GC §§34090, 60201 et seq. FIN-032 5 years 5 years Mag, Ppr RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 733 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-9 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Community Parks and Landscape C i t i z e n s ’O v e r s i Department preference; Finance / Special Districts (Landscape Maintenance Districts / Special Districts) Formerly Planned Communities Citizens' Oversight Committee; State law only requires for 30 days; GC §54953.5(b) FIN-033 FIN-034 FIN-035 2 years 2 years Mag, OD AUDIO RECORDINGS of Meetings / Audio Tapes Community Parks and Landscape C i t i z e n s ’O v e r s i Formerly Planned Communities Citizens' Oversight Committee; Send originals to the City Clerk; GC §§34090, 60201.7 Finance / Special Districts (Landscape Maintenance Districts / Special Districts) Mag, Mfr, OD, PprPPYes S No MINUTES Community Parks and Landscape C i t i z e n s ’O v e r s i Department preference; Formerly Planned Communities Yes: After Citizens' Oversight Committee; QC & OD Original Staff Reports are filed in the project file; GC §§34090, 60201 and Landscape Maintenance Districts Citizens' Oversight Committee Finance / Special Districts Minimum 2 years Minimum 2 years Mag, Mfr, OD, Ppr S / I AGENDAS & AGENDA PACKETS TREASURY MANAGEMENT Finance / Treasury Manage. When No Longer Required When No Longer Required Preliminary drafts not retained in the ordinary course of business; GC §§34090, 60201 FIN-036 FIN-037 Bankruptcies - NOT pursued Mag, Ppr Mag, Ppr Department PreferenceFinance / Treasury Manage. Bankruptcies - Where a claim is filed (negative information remains on credit ratings for 7 years); GC §§34090, 60201 10 years 10 years RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 734 Ver. 20.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-10 Office of Record Retention No.Records Description Retention / Disposition Inactive Comments / Reference Image:Destroy Active (in office) Total Media I=Import Paper after(OFR)(Records Center) Vital?Retention Options M=Mfr S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion). Finance / Treasury Manage. Investment Reports & Backup / Treasury Reports Department Preference; GC §§34090, 60201FIN-038 2 years 3 years 5 years Mag, Ppr Mag, Ppr Department Preference; Meets auditing standards; Published articles show disposal + 7 years for security brokerage slips; statewide guidelines propose permanent; FTC Reg's rely on "self-enforcement"; Investments / Arbitrage / Certificate of Deposit / Investment Bonds (Receipts / Advisor Reports / Trade Tickets / LAIF (Local Agency Investment Fund)) Finance / Treasury Manage. Yes: Until PaidFIN-039 5 years 5 years GC§§ 34090, 43900 RANCHO CUCAMONGA, CA ©1995-2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 735 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-1 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). FIRE ADMINISTRATION Shred Upon Separation or Transfer Shred Upon Separation or Transfer Human Resources Career File: Equipment Assignments (Turnouts, etc.) Mag, Ppr City / District Preference (copies); GC § 60200FR-001 FR-002 FR-003 Copies - When No Longer Required Copies - When No Longer Copies - When No Longer Required Copies - When No Longer Billings - Fire Alarm Permits, Fire Inspections, Fire Permits Mag, Ppr Finance keeps originals; GC § §60201 60201Finance Fire District Board Agendas, Audio or Video Recordings, Minutes, Resolutions, Notices Mag, Ppr City Clerk keeps originals; GC § §60201 60201City Clerk Required Required Mag, Mfr, OD, Ppr Yes: After QC & OD Fire / Admin. Department Preference (rated every 10 years); GC §60201FR-004 FR-005 ISO Insurance Ratings 15 years 15 years S When No Longer Required Copies - When No Longer When No Longer Required Copies - When No Longer Considered a preliminary draft / copy (the Fire database is the original); GC §60201 et seq. Fire / Admin. Monthly Statistical Reports / Run Statistics Mag, Ppr Originals Maintained by City Clerk or County Clerk of the Board Permanently; GC §60201.7 Mutual Aid Agreements, Joint Power Authorities Mag, PprCity Clerk FR-006 Required Required Programs and Projects (e.g. Explorer, CPR Program, Fire Service Day, etc.) Fire / Admin. Minimum 2 years Minimum 2 years Mag, Ppr Department Preference; GC § 60201 et seq.FR-007 FR-008Fire / Admin. Requests for Fire Incident Reports and Fire Investigation Reports Mag, Ppr2 years 2 years GC §60201 RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 736 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-2 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Fire / Admin. Mag, PprFR-009 FR-010 FR-011 Ride-A-Long Waivers 2 years 2 years GC §60201 Department preference; Statewide guidelines propose superseded + 2 or 5 years; GC §60201 Fire / Admin. Standard Operating Procedures / Policy & Procedure Manual Superseded + 2 years Superseded + 2 years Mag, Ppr Fire / Admin. Subpoenas (Personal Appearance - Fire Personnel) Mag, Ppr2 years 2 years GC §60201 Data is interrelated; Meets municipal government auditing standards; May include Employee Reimbursement; GC Indefinite - Minimum 7 years Indefinite - Minimum 7 years Fire / Admin. Mag, PprFR-012 Telestaff Database Yes §60201(d)(12) Department preference; Ethics Training is 5 years; Statewide guidelines propose 7 years; Calif. Labor Division is required to keep their OSHA records 7 years; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; State Law requires 2 -3 years for personnel actions; 8 CCR §3203 et seq., 29 CFR 1627.3(b)(1), LC §6429(c); GC §§12946, 60201, 53235.2(b), 53237.2(b) Training Course Records / EMS Continuing Education Training Indefinite - Minimum 5 years Indefinite - Minimum 5 years Mag, Mfr, OD, Ppr Yes: When Inactive Fire / Admin.FR-013 S (Attendance Rosters, Outlines and Materials) Indefinite - Minimum 5 years Indefinite - Minimum 5 years Fire / Admin. Training Database / Log (Target Solutions / Vector Solutions) Mag, Ppr Data is interrelated; GC §60201 et seq.FR-014 RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 737 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-3 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Underground Storage Tanks - ALL - City or Privately owned) Location, Soil Remediation, Monitoring Well Records Department Preference (requiredMag, Mfr, OD, Ppr Yes: After 1 year Fire / Admin. for the life of the tank); 23 CCR 2712(b), H&S §25284.2(i); GC §60201 et. seq. FR-015 10 years P P S / I RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 738 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-4 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). COMMUNITY AFFAIRS When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Fire / Community Affairs Mag, Ppr Department Preference; GC §60201FR-016 FR-017 Community Outreach Fire / Community Affairs Public Information / Education (when produced internally) Mag, Ppr Department Preference; GC §60201 Consistent with employee personnel files (Courts treat volunteers as employees); EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, selection, or discharge; 29 CFR 1602.31 & 1627.3(b)(1), 8 CCR §3204(d)(1) et seq., GC §§12946, 12960, 60201 Volunteer Applications & Agreements - UnsuccessfulLead Dept.FR-018 3 years 3 years Ppr RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 739 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-5 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Courts treat volunteers as employees; EEOC/FLSA/ADEA (Age) requires 3 years forVolunteer Applications & Agreements (includes emergency contact information) - Successful Applicants Inactive / Separation + 3 years Inactive / Separation + 3 years Mag, Mfr, OD, Ppr promotion, demotion, transfer, selection, or discharge; State Law requires 2 -3 years; 29 CFR 1602.31 & 1627.3(b)(1), 8 CCR §3204(d)(1) et seq., GC §§12946, 12960, 60201; 29 USC 1113 Yes: 1 yearLead Dept.FR-019 FR-020 FR-021 S Fire / Community Affairs Volunteer Historical Lists / Extractions from Volunteer Database Minimum 10 years Minimum 10 years Mag, Ppr Department Preference; GC §60201 COMMUNITY RISK Not Less Than 180 days from the date of completion of the Life of the Structure or Structure or Activity, or Minimum 5 Minimum 5 years, years, Whichever Whichever Life of theFire Construction Documents (Submittals, Approved Plans, Drawings, Applications, Alternate Means & Methods, and Similar Documents Necessary for Fire / Community Risk Activity, or Mag, Mfr, OD, Ppr Yes: After QC & OD CFC §105.4 et seq. , 104.6 et seq.; H&S §19850S / I Ongoing Fire Code Compliance permitted work is Longer is Longer Life of the Structure or Activity, or Minimum 5 years, Life of the Structure or Activity, or Minimum 5 years, Fire Inspections - Business Inspection Files / Occupancy Inspections (Approvals, Fire / Fire Marshal & Fire Mag, Mfr, OD, Ppr Yes:Required for the Life of the FR-022 S / I After QC Structure or Activity, or Minimum 5 & OD years CFC §§ 104.6 – 104.6.4Inspections, Fires, Modification /Prevention Alternative Methods or Materials) Whichever Whichever is Longeris Longer RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 740 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-6 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Fire / Fire Marshal & Fire Yes: Before Event Mag, Mfr, OD, Ppr Yes: After QC & OD Fire Inspections - Citations / Notice of Violations Department Preference; GC § 60201 et seq.FR-023 S / I S / I Prevention Approved Fire Suppression, Fire Sprinkler, Fire Alarm, Private Fire Underground, and High-Piled Combustible Storage Plans. Fire / Community Risk Mag, Mfr, OD, Ppr Yes:Department preference (Building FR-024 FR-025 FR-026 P P After QC keeps original); CFC 104.6 et & OD seq.; GC §§60200, H&S §19850 Fire / Community Risk Mag, Ppr Department Preference; GC §60201 et seq.Juvenile Fire Setter Program 15 years 15 years Copies - When No Longer Copies - When No Longer Mag, Ppr Building keeps originals; GC §§34090.7, 60201BuildingNew Construction Plan Review Required When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Required When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Fire / Community Risk Public Information / Education (when produced internally) Mag, Ppr Department Preference; GC §60201FR-027 FR-028 Fire / Community Risk Weed Abatement / Vegetation Abatement / Brush Clearance Mag, Ppr Department Preference; GC §60201 RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 741 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-7 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). EMERGENCY MANAGEMENT When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Fire / Emergency Manage. Community & Business Emergency Response Training Mag, Ppr Department Preference; GC §60201FR-029 Does NOT record regular and ongoing operations; For recordings that are evidence, see Fire Investigations (FR-042 or FR- 043); GC §§60201, 53160 Drone (Unmanned Aerial Vehicle) Recordings that are NOT evidence / Does NOT record regular and ongoing operations Fire / Emergency Manage. When No Longer Required When No Longer Required FR-029.5 Mag When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Fire / Emergency Manage. Emergency Management Programs (Ready RC, Mitigation, Preparedness, etc.) Mag, Ppr Department Preference; GC §60201FR-030 FR-031 FR-032 Emergency Response & Recovery / FEMA / OES Reimbursement Claims / Strike Team Fire / Emergency Manage. Mag, Mfr, OD, Ppr Department Preference; GC §6020110 years 10 years Yes (all) Yes (all) S/I S/I No No Reimbursements When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Fire / Emergency Manage. Mag, Mfr, OD, Ppr EOC Activations, After Incident Reports Department Preference; GC §60201 EMERGENCY RESPONSE / EMERGENCY MEDICAL SERVICES RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 742 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-8 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Department Preference - Controlled Substance Logs, Inventories / Medic Monthly Inventory Logs Controlled substances are required for 2 years after inventory or transaction; 21 CFR §1304.04, 1310.04 Mag, PprFire / EMS FR-033 3 years 3 years Yes Data is interrelated; Minors until 1 year after age 18, but not less than 7 years; 10 years (see Patient Care Reports) GC §60201 Statute of Limitations for health providers is 3 years; CCP §340.5, GC §60201 et seq. Indefinite - Minimum 20 years Indefinite - Minimum 20 years Emergency Medical PCR DatabaseFire / EMS Fire / EMS Fire / EMS FR-034 FR-035 FR-036 Yes Mag EMS Complaints / CQI Final Final Disposition + 3 years Mag, Ppr(Continuous Quality Improvement) Disposition / Quality Assurance + 3 years HIPAA Policies and Procedures (Health Insurance Portability and Accountability Act) Mag, Mfr, OD, Ppr Yes:Superseded + 6 years Superseded + 6 years S S After 1 24 CFR 164.530(j) year Department preference; Paramedic Continuing Education is required for 4 years by DPH; 8Mag, Mfr, OD, Ppr Yes:Paramedic Continuing Education Rosters and Certificates Separation + 4 years Separation + 4 yearsFire / EMS FR-037 When CCR §3204(d)(1) et seq., 8 CCR Inactive §3203 et seq., 29 CFR 1627.3(b)(1), LC §6429(c); GC §§12946, 12960, 60201 RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 743 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-9 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Department Preference; adults required for 7 years; minors until 1 year after age 18, but not less than 7 years; 10 years is recommended by AHIMA for "healthcare providers"; Statute of Limitations for health providers is 3 years; CCP §340.5, GC §60201; H&S §§1797.98e 123145; 42 CFR 482.24(b); 9 CCR 9444, 22 CCR 70751(c) & 71551(c); 22 CCR 70751(c), 71551(c), 73543(a), 74731(a), 75055(a), 75343(a), 77143(a), W&I 14124.1; CMS Pub. 100-4, Chapter 1, Section 110.3 Patient Care Reports / PCRs / Paramedic Release Forms (EMS transportation) / Consent Form with Assignment of Benefits: ADULTS (Includes e-PCR Database / Electronic Patient Care Report Database) Mag, Mfr, OD, Ppr Yes: After 1 year Fire / EMS FR-038 7 years 7 years S RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 744 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-10 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Department Preference; adults required for 7 years; minors until 1 year after age 18, but not less than 7 years; 10 years is recommended by AHIMA for "healthcare providers"; Statute of Limitations for health providers is 3 years; CCP §340.5, GC §60201; H&S §§1797.98e 123145; 42 CFR 482.24(b); 9 CCR 9444, 22 CCR 70751(c) & 71551(c); 22 CCR 70751(c), 71551(c), 73543(a), 74731(a), 75055(a), 75343(a), 77143(a), W&I 14124.1; CMS Pub. 100-4, Chapter 1, Section 110.3 Patient Care Reports / PCRs / Paramedic Release Forms (EMS transportation) / Consent Form with Assignment of Benefits: JUVENILES (Includes e-PCR Database / Electronic Patient Care Report Database) Age of Majority, Minimum 7 years, whichever is longer Age of Majority, Minimum 7 years, whichever is longer Mag, Mfr, OD, Ppr Yes: After 1 year Fire / EMS FR-039 S EMERGENCY RESPONSE / FIRE MARSHAL Fire /Mag, Mfr, OD, Ppr Yes:Department preference; CFC §§Emergency Response / Fire Marshal Alarm Installation Waiver Forms: Smoke and Carbon MonoxideFR-040 FR-041 P P S / I After QC 104.6 – 104.6.4; GC §60201 et & OD seq. Indefinite - Life of the Structure or Activity, or Minimum 5 years, Indefinite - Life of the Structure or Activity, or Minimum 5 years, Data is interrelated; California Fire Code requires 5 years or Life of the Structure or Activity for Approvals, Inspections, Fires, Modification / Alternative Methods or Materials; CFC §§ 104.6 – 104.6.4; GC §34090 Fire / Emergency Response / Fire Marshal Mag, PprFire Incident RMS Database Yes Whichever is Longer Whichever is Longer RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 745 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-11 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Fire /Mag, Mfr, OD, Ppr Yes:Department preference (CapitalEmergency Response / Fire Marshal Fire Investigations - Arson & Capital Crimes OnlyFR-042 FR-043 FR-044 FR-045 FR-046 FR-047 P P S / I After QC Crimes have no statute of & OD limitations); GC §60201 et seq. When No Longer Required - Minimum 5 years When No Longer Required - Minimum 5 years Fire / Emergency Response / Fire Marshal Fire Investigations - OTHER Than Arson & Capital Crimes Mag, Ppr Department preference; GC §60201 et seq. Fire /Approved Fire Suppression , Fire Sprinkler, Fire Alarm, Private Fire Underground, and High-Piled Combustible Storage Plans Mag, Mfr, OD, Ppr Yes:Department preference (BuildingEmergency Response / Fire Marshal P P S / I S / I S / I After QC keeps original); CFC 104.6 et & OD seq.; GC §§60200, H&S §19850 Fire /Life of the Structure or Activity Mag, Mfr, OD, Ppr Yes: After QC & OD Emergency Response / Fire Marshal Fireflow Testing (CVWD does testing) Life of the Structure Department preference; GC §60201 Fire /Department Preference (City has "cradle to grave" liability); 40 CFR 262.40, 8 CCR 3204(d)(1)(A), 22 CCR 66262.40 Mag, Mfr, OD, Ppr Yes: After QC & OD Emergency Response / Fire Marshal Hazardous Waste Manifests / Certificates of Disposal 5 years P P Fire /When No Longer Required When No Longer Required Emergency Response / Fire Marshal Mag, PprResponse Planning Preliminary drafts; GC §60201 RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 746 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-12 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Special Event Permits / Fire Code When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Fire /Permits / Operating Permits / Explosives Permits / Fireworks Permits / Burn Permits (assembly permits, candle permits, tent permits, open flame, etc.) Yes: Before Event Emergency Response / Fire Marshal Mag, Ppr Department preference; GC §60201 CFC §§ 104.6 – 104.6.4FR-048 STATION OPERATIONS / SUPPRESSION Mag, Ppr Mag, Mfr, Lead Dept. Fire / Ops FR-049 FR-050 AQMD Permits (Generators, etc.) Daily Evaluations / Rookie Tests 5 years 5 years 40 CFR 70.6; GC §60201 Yes: 2 years 2 years S When GC §60201 InactiveOD, Ppr When No Longer Required - Minimum 2 years When No Longer Required - Minimum 2 years Daily Vehicle Inspections / Daily Equipment Checks / Safety Equipment Inspections Fire / Ops FR-051 Ppr GC §60201 Fire Vehicle, Apparatus, & Equipment History Files, Ladders, etc. Department Preference; If a motorDisposal of Vehicle, Apparatus, or Equipment + 2 years Disposal of Vehicle, Apparatus, or Equipment + 2 years carrier, required for 18 months after vehicle is sold; CHP requires life of vehicle; OSHA requires 1 year; 8 CCR § 3203(b)(1); 49 CFR 396.21(b)(1); 49 CFR 396.3(c); CCP §337 et. Seq., GC §60201 Mag, PprFire / Ops FR-052 FR-053 Certifications, Maintenance, Registrations, Safety Certifications, etc. Generator Operation Logs & Inspections - Fixed / Stationary Generators Mag, PprLead Dept.3 years 3 years AQMD Rule 1470; GC §60201 RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 747 Ver 17.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-13 Office of Record Records Series #Records Description Retention / Disposition Inactive Comments / Reference Destroy Paper after Imaged & QC'd Image: Active (in office) Total Media I=Import Options M=Mfr S=Scan (OFR)(Records Center) Vital?Retention If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, public records act requests, audits and/or investigations suspend normal retention periods (retention begins after settlement). Generator Operation Logs & Inspections - Portable / Emergency Generators AQMD Rule 1470; Form 400–E–13a instructions; GC §60201 Mag, PprLead Dept. Fire / Ops Fire / Ops FR-054 FR-055 FR-056 5 years 5 years Yes: Before Event Yes: Before Event When Superseded When Superseded Mag, Ppr Preliminary drafts; GC §60201 et seq.Pre-plan Sheets Station Log Books / Red Books / Log Books Minimum 2 years Minimum 2 years Mag, Ppr Department preference; GC §60201 et seq. RANCHO CUCAMONGA FIRE PROTECTION DIST. ©1995-2019 Gladwell Governmental Services, Inc (909) 337-3516 all rights reserved Do not duplicate or distribute without prior written permission Revision Adopted: 4/19/2023 Page 748 DATE:June 5, 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 Alberto Felix, Traffic Engineer SUBJECT:Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1029 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.52.025 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO ADD THE EAST AVENUE PAID PARKING ZONE AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Staff recommends the City Council waive full reading and adopt Ordinance No. 1029. BACKGROUND: The introduction and first reading of the above-entitled Ordinance was conducted at the Regular Council meeting of May 15, 2024. Votes at first reading: AYES: Kennedy, Hutchison, Scott, Stickler. ABESENT: Michael ANALYSIS: Please refer to the May 15, 2024, City Council staff report. FISCAL IMPACT: Please refer to the May 15, 2024, City Council staff report. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: Please refer to the May 15, 2024, City Council staff report. ATTACHMENTS: Attachment 1 - Ordinance No. 1029 Page 749 ATTACHMENT 1Ordinance No. 1029 – Page 1 of 3 4 6 6 7 ORDINANCE NO. 1029 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.52.025 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO ADD THE EAST AVENUE PAID PARKING ZONE AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. Section 10.52.025 (“Paid Parking Zones”) of Chapter 10.52 (“Stopping, Standing or Parking Restrictions”) of Title 10 (“Vehicles and Traffic”) of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: “10.52.025 Paid parking zones. A. Paid parking zones are those streets and portions of streets in the city where persons parking vehicles shall be required to pay a specified rate during regulated hours. Upon designation of these zones, proper signs shall be erected giving notice thereof. Parking restrictions in a paid parking zone shall not go into effect until such signage is posted. Parking spaces in the zone may be designated with white lines painted on the street. B. No person shall park in any paid parking zone without paying the required parking rate. C. If the parking spaces in any paid parking zone have been delineated, no person shall park a single vehicle in more than one such parking space. D. The Cucamonga Canyon Paid Parking Zone is located on both sides of Almond Street between Sapphire Street and a point located 150 feet west of Henry Street. The hours of enforcement are from 7:00 a.m. to 6:00 p.m. The parking rate schedule shall be as follows: For these purposes, a resident is any person who resides in the city and who can provide valid proof of residency. E. The Hermosa Foothill Paid Parking Zone is located on the east side of Hermosa Avenue between Foothill Boulevard and Norwick Street. The hours of enforcement are from 10:00 p.m. to 6:00 a.m. Parking permits authorizing parking during the hours of enforcement are available to residents and merchants located between Cambridge Avenue to the west, Norwick to the north, Off-peak schedule (October 1 through April 30) Nonresidents Residents Monday through Thursday $15.00/day $0.00/day Friday through Sunday $20.00/day $0.00/day Peak schedule (May 1 through September 30) Nonresidents Residents Monday through Thursday $20.00/day $0.00/day Friday through Sunday $25.00/day $0.00/day Page 750 Ordinance No. 1029 – Page 2 of 3 4 6 6 7 Center Avenue to the east, and Devon Street to the south. The parking permit fee rate shall be as follows: F. The East Avenue Paid Parking Zone is located on the west side of East Avenue between Foothill Boulevard and Marshall Court, and the north side of Foothill Boulevard, west of East Avenue. The hours of enforcement are from 10:00 p.m. to 6:00 a.m. Parking permits authorizing parking during the hours of enforcement are available to residents and merchants located between East Avenue on the east, Foothill Boulevard on the south, a line parallel with and 750 feet west of East Avenue on the west, and the westerly prolongation of Marshal Court. The parking permit fee rate shall be as follows: G. The city manager or designee may adopt any measures he or she deems necessary or convenient to enforce any paid parking zone. SECTION 2. The City Manager may annually update the East Avenue Paid Parking Zone parking permit fee based on annual percentage change in the all-urban Consumer Price Index for Riverside-San Bernardino-Ontario, CA (CPI). Any other changes to the fee may be accomplished by resolution of the City Council. SECTION 3. The City Council herby directs City staff to provide notice of the East Avenue Paid Parking Zone to the property managers of the residential complexes along the west side of East Avenue between Foothill Boulevard and Marshall Court. SECTION 4. The City Council hereby finds that adoption of this Ordinance does not constitute a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) because there is no potential that the regulations of vehicle parking imposed under this Ordinance will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if the Ordinance comprises a project under CEQA, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This is because the Ordinance does not itself result in any development or increase or decrease in the number of parking spaces within the City. SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court or any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without Parking Permit Fee Per Parking Space Monday through Sunday $290.00/year Parking Permit Fee Per Parking Space Monday through Sunday $290.00/year Page 751 Ordinance No. 1029 – Page 3 of 3 4 6 6 7 regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED this 5th day of June 2024 _____________________________________ L. Dennis Michael, Mayor ATTEST:__ ____________________________ Janice C. Reynolds, Clerk I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 15th day of May 2024, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 5th day of June 2024, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: Page 752 DATE:June 5, 2024 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:John R. Gillison, City Manager Elisa Cox, Assistant City Manager SUBJECT:Consideration of a Fourth Amendment to the Disposition and Development Agreement Between the City of Rancho Cucamonga, San Bernardino County Transportation Authority(SBCTA) and DesertXpress Enterprises, LLC, dba Brightline West (BLW) for a Portion of Property Located at the Northwest Corner of Milliken Avenue and Azusa Court, Including Revised Site Plan, Grant Deed, and Easements Across Portions of Right-Of-Way on 8th Street, Milliken Avenue, and the Cucamonga Station Property, for the Development of a High Speed Rail Station and Track at the Cucamonga Station in Rancho Cucamonga; and Conditions, Covenants, Restrictions, and Easements Between the City, SBCTA, and BLW Applicable to Each Entity’s Property Interests; An Environmental Assessment for the High Speed Rail Project, Including the Rancho Cucamonga Station, was Prepared by the Federal Railroad Administration. (CITY) RECOMMENDATION: Staff recommends that the City Council approve the Fourth Amendment to the Disposition and Development Agreement between the City of Rancho Cucamonga (City), San Bernardino County Transportation Agency (SBCTA) and DesertExpress Enterprises, LLC, dba Brightline West (BLW) for a portion of property located at the northwest corner of Milliken Avenue and Azusa Court, including Revised Site Plan, Grant Deed, and Easements Across Portions of Right-Of-Way on 8th Street, Milliken Avenue, and the Cucamonga Station Property, for the Development of a High Speed Rail Station and Track at Cucamonga Station in Rancho Cucamonga’s Have-Arrow- Rochester Transit District (HART); and Conditions, Covenants, Restrictions, and Easements Between the City, SBCTA, and BLW Applicable to Each Entity’s Property Interests. Authorize the City Manager to make minor, technical modifications to the Disposition and Development Agreement, Conditions, Covenants, Restrictions, and Easements, and other easements referenced above. BACKGROUND: Brightline Florida The City of Rancho Cucamonga has been working with Brightline West and the San Bernardino County Transportation Authority (SBCTA) since 2020 to bring high-speed rail from Las Vegas, Nevada to Rancho Cucamonga, California. Recently, on April 22, 2024, the project officially broke ground in Las Vegas. This first-in-the-nation 218-mile high-speed rail line (over 186 mph) will begin/end in Las Vegas Nevada near the west end of the City, parallel the 15-freeway corridor, Page 753 Page 2 2 9 1 3 with stops in Apple Valley and Hesperia before reaching its other beginning/end at Cucamonga Station in the HART District of Rancho Cucamonga. The Cucamonga Station is expected to be approximately 80,000 square feet with over 5,000 parking spaces for Brightline and additional parking for Metrolink. Brightline West, which currently operates a private higher speed (but not “high-speed”) commuter rail system in Florida, obtained all necessary approvals from the States of Nevada and California to locate in the freeway right-of-way, as well as the Federal Government (Federal Railroad Administration) for the appropriate National Environmental Protection Act (NEPA) review and approval. Brightline Florida is an existing rail line featuring frequent, comfortable, modern trains that travel at higher speeds (80-125 mph). The service began in 2018 as the first privately held intercity passenger railroad in the United States in nearly 40 years. The service has proven extremely well utilized and Brightline has grown the line since its opening. They now feature “smart stations” with premium accommodations in Orlando, West Palm Beach, Boca Raton, Fort Lauderdale, Aventura, and Miami. The line is expected to serve over 4 million long distance annual passengers in 2025 along with estimated revenues over $100 million. Ridership continues to grow exponentially year over year. Brightline is owned by Florida East Coast Industries, which in turn is owned by Fortress Investment Group. Fortress Investment Group is an investment management firm based in New York City. It was founded in 1998 as a private equity firm by Wes Edens, Rob Kayfmann and Randal Nardone. In 2007 when it launched on the New York Stock Exchange it was the largest publicly traded private equity firm. As of June 30, 2020, the firm managed $45.5 billion in private equity, liquid hedge funds and credit funds. Fortress owns Florida East Coast Industries heavy freight, Brightline Florida and Brightline West, Penn National Gaming a casino and horse racing operator and many others. Brightline West is a subsidiary of Florida East Coast Industries, formed for the purpose of completing a high-speed rail line linking Las Vegas and Rancho Cucamonga. BLW anticipates building the Las Vegas to Rancho Cucamonga in one phase, although an additional connection to the State High Speed Rail in Palmdale is a likely future phase of the project. The beginning/end of the line will be at the two main stations in Rancho Cucamonga and Las Vegas. At Cucamonga Station in the HART District, Brightline will offer a seamless transfer to existing Metrolink regional service which services destinations from downtown Redlands to downtown Los Angeles and up to downtown Ventura. If approved by SBCTA, Cucamonga Station will also include an underground electric vehicle passenger tunnel to Ontario Airport to create seamless multi-modal connectivity. A secondary main station in Apple Valley will accommodate high-desert riders and additionally will be where a future State High Speed Rail connection would tie in. The Hesperia station, located in the median of the I-15 and Joshua Street interchange, will be a weekday commuter station designed to serve area residents who commute from the Valley to the High Desert, and vice-versa, for their weekday employment. Finally, BLW will also build a 200,000 square foot maintenance facility on 238 acres in Sloan, Nevada which will serve as the base for daily maintenance of the system and staging of trains. Brightline’s Approach to High-Speed Rail Construction A common challenge to building new rail lines is land acquisition, which can be expensive, slow, and controversial. Brightline, much like Metrolink, has circumvented this problem by building new infrastructure within existing transportation corridors. In Florida, Brightline upgraded the existing Florida East Coast Railway mainline for use as a shared rail corridor. In other Florida locations, agreements were reached to use the existing right-of-way of the Beachline Expressway. The latter is similar in concept to Brightline West’s proposed use of the 15-freeway corridor from Las Vegas Page 754 Page 3 2 9 1 3 to Rancho Cucamonga. Use of these existing corridors allows Brightline to avoid purchasing thousands of individual parcels and keeps the project relatively more reasonable in price. Brightline's success is built at least in part on its cooperative relationship with Florida East Coast Railway, their host freight railroad. The two companies coordinate passenger and freight operations so trains run on time. This helps ensure Brightline's reliable frequency – a key selling point for travelers. Brightline West by contrast will have the entire 15 freeway rail line to itself, so no external coordination is necessary. This exclusive use will enable Brightline West to capitalize on reliability and frequency which as noted above, are key for travelers. It also will allow BLW to reach speeds of up to 200 mph, thereby reducing travel time for its riders. Florida East Coast Industries, Brightline’s parent company in Florida, also owns and develops real estate near the new stations to capitalize on concentrated travel activity. This revenue channel helps strengthen the company's long-term viability and appeal to investors, who are the financial foundation of the enterprise. Florida East Coast Industries real estate investment in downtown Miami alone is estimated to be worth over $500 million. Brightline’s parent companies are engaged or expected to engage in extensive real estate development around the Las Vegas and Apple Valley Stations. Wes Edens one of the co-owners of Fortress Investment (parent of Brightline West) announced that on the eastern end of the Brightline West high speed commuter rail line, at Las Vegas Boulevard and Warm Springs Road, Brightline controls a 110-acre site to use for development of a 80,000-square-foot terminal, parking, one or more hotels and a casino, potentially a new indoor MLS soccer stadium for the team which Mr. Edens co-owns, and additional shopping and residential units. Similarly, BLW owns 300 acres around the Apple Valley station, southeast of Dale Evans Parkway and the I-15 interchange, which will include a 20,000 square foot station, parking, maintenance facility and possible future commercial development. At the present time, the City is not aware of BLW or FECI ownership of any Rancho Cucamonga development opportunities, although such investment would most definitely be welcomed. Brightline is also adept at public-private partnerships. In Florida they have primarily funded the network expansion through private activity bond allocations. Private Activity bonds (PAB’s) are bonds issued by or on behalf of a government for the purpose of providing special financial benefits for qualified projects. The financing is generally for private user projects, and if specific criteria are met, the bonds may be tax exempt. For Brightline in Florida, the private activity bonds were tax exempt and were issued through the Florida Development Finance Corporation which helped attract billions of dollars in private capital, helping make Brightline more competitive with publicly financed transportation systems like highways and airports. Similarly, Brightline West is using a combination of public and private funds for the $12 billion Rancho Cucamonga to Las Vegas line. Both the States of Nevada and California have issued private activity bonds; BLW has already obtained a combination of $3 billion in grants and $3.5 billion in PABs from the Federal Government including funds for station development. All together the public funding is approximately 60% of the total project cost with private equity funding and bank loans comprising the remainder. ANALYSIS: Project Description Brightline West proposes to construct a 218-mile rail line connecting Las Vegas, Nevada to Rancho Cucamonga, California along the 15-freeway corridor. Expected top speed of the zero- emission all electric train sets is between 186 mph and 200 mph and the entire trip should take between 2 hours. In Las Vegas the train station will be adjacent to The Strip and Interstate 15. In Rancho Cucamonga, the train station, located in the HART District, will be collocated with the existing Cucamonga station for Metrolink (Los Angeles to San Bernardino) and with a transfer Page 755 Page 4 2 9 1 3 allow access to anywhere along the Metrolink line, including all the way to downtown Redlands or Los Angeles, as well as direct access to Ontario International Airport through the SBCTA tunnel, or through the West Valley Connector to Victoria Gardens. There will be intermediary stops in both Apple Valley and Hesperia. Along with the train line, Brightline West will construct all stations including related parking facilities and terminal amenities. BLW’s project is expected to generate more than $10 billion in economic impact, with over 35,000 construction jobs and 1,000 permanent jobs. Brightline will partner with educational institutions in CA and NV to create pre-apprenticeship programs which provide career pathways for people, particularly underrepresented populations. The trains are fully electric with overhead catenary lines that use most of the power from emissions free sources and are built by Siemens here in the United States. Those same trains will remove over 400,000 tons of CO2 per year, and reduce vehicle miles traveled by over 700,000,000 per year. At the same time, Brightline together with Caltrans and the California Department of Fish and Wildlife will design and construct three wildlife crossings over the 15 freeway while improving more than 600 existing culverts and large scale under-crossings of the I-15 corridor. The BLW line will be among the safest in the United States with zero at-grade crossings, extensive safeguards to prevent trespassing in the I-15 median, use of the European Train Control System which has an impeccable international high speed rail safety record, and grade separated crossovers for first responders and maintenance workers. Presently, approximately 50 million one-way trips are made annually between these two destinations with 85% of them by car or bus. Those trips can take anywhere from 4 – 6 hours depending upon traffic conditions. At full operations, Brightline West expects to attract approximately 22% of the market or up to 11 million one-way trips each year. Rancho Cucamonga expects to see approximately 4-6 million passengers thru its station when the line opens in 2027- 28 and up to 10-11 million by the time ridership stabilizes in years 7-9. This will provide a significant reduction in GHG to both California and Nevada and improve the transportation experience for both freight and passengers who continue using the 15 freeway, thus benefitting SBCTA. The higher-amenity train experience residents and tourists have come to expect (and love) in South Florida will be offered along this route as well, including but not limited to free onboard Wi-Fi, fully ADA accessibility from station to train, a wide selection of food and beverage, checked luggage and hotel check-in services. Sale of Station Property under the Disposition and Development Agreement (“DDA”) To facilitate the project noted above, in October of 2022 the City and SBCTA approved a Disposition and Development Agreement (DDA) with Brightline West for a portion of the Cucamonga Station property to be developed as a High-Speed Railroad Station and related track which would be the origin/terminus of a high-speed rail system with Las Vegas. Specifically, the DDA involves a site located at Cucamonga Station in the HART District is a portion of the existing Cucamonga Station parking lot jointly owned by the City and SBCTA, located on the easterly side of the Cucamonga Station, together with a small area of San Gabriel Subdivision right of way owned by SBCTA. In addition, the DDA’s approval also approved additional easement rights some of which are owned by the City of Rancho Cucamonga within the slope portions of the Milliken Avenue right of way as well as 8th Street to the east of the station area. By way of background, key points of the original DDA are: •Under the DDA, the City and SBCTA will sell a +5 acre portion of the eastern half of the Station Property to Brightline for their station and parking structure (plus additional easements) . The sale price will reflect fair market value as determined by an appraisal conducted between three and six months prior to the closing date, ensuring that the City and SBCTA receive the benefit of any increase in property values prior to the closing Page 756 Page 5 2 9 1 3 date. The City, SBCTA and BLW are currently working with the appraiser who first appraised the property in 2022 to update that appraisal. The revenue generated by the sale will be distributed evenly between the City and SBCTA and is expected to be used by SBCTA to improve the parking and train station on site and by the City of Rancho Cucamonga for economic development purposes to defray the local public safety and infrastructure impacts of the overall project. Brightline is responsible for all closing costs. •Brightline cannot close on the property until it has provided the City a project construction budget, evidence of sufficient financing sources, and a construction contract, among other conditions. The purpose of these conditions is to verify that Brightline has the necessary resources to timely construct the high-speed rail station before the City and SBCTA sell the property to Brightline. Closing must occur before December 31, 2025 and is now anticipated to happen before September 2024. •As a condition of the sale, Brightline will be required to construct and operate a high-speed rail station, including a parking structure, on the property. Brightline must comply with a schedule of performance to ensure that the proposed station is built in a timely manner. The schedule of performance requires Brightline to: (1) commence construction no later than three years after closing; (2) complete the station within seven years after closing; and (3) commence operation of the high-speed rail line within 18 months after completion of the station. If Brightline does not comply with these milestones (subject to force majeure delays), the City and SBCTA will have a “reversionary” right to re-acquire the property from Brightline. •The City and SBCTA will retain ownership of an approximately 66,340 square foot (1.5 acre), eight-foot high, area on the ground floor of the high-speed rail station parking structure for an additional +194 spaces dedicated to Metrolink customer parking in addition to the existing +325 spaces that will remain in the western Metrolink lot plus the reconfigured +105 spaces that will remain on the east side of the existing bus loop. •Until Brightline begins construction, the site will continue to be used for Metrolink customer parking. •The DDA includes a site plan along with detailed property descriptions. •The DDA reserves an easement beneath the southwest corner of the high-speed rail station property to allow for SBCTA’s future tunnel project to the Ontario International Airport. It is anticipated that once the plans and specifications for the tunnel project are finalized, the tunnel ingress/egress will be constructed in the Metrolink west parking area. While the tunnel project is a project fully under the control of SBCTA, the City is and anticipates cooperating with SBCTA on the relevant details to bring the project to fruition. •Inspector of Record Process – as noted previously, due to the jurisdiction of the federal Surface Transportation Board, local permitting including building permits, are preempted by the Interstate Commerce Commission Termination Act. The City engaged in dialogue with Brightline about voluntary permits, however, Brightline was concerned about timeliness and precedent and no agreement was reached. All parties agreed, however, that there was a shared interest in safe construction and operation of the project. Based on that shared interest, Exhibit H to the DDA outlines an Inspector of Record Process. The Project will conform to the substantive provisions of the City’s technical codes and grading standards. Both parties will mutually agree on several qualified firms who can provide plan check and inspection services. The selected firm by Brightline will be the Inspector of Record and will be required to provide biweekly stamped/approved reports to the City and SBCTA. City inspectors are allowed to enter the property and inspect construction. Final determination of any concerns will reside with the Inspector of Record. The exception is that Rancho Cucamonga Fire retains the right to review and approve plans and conduct inspections in accordance with all project improvements related to safety. Page 757 Page 6 2 9 1 3 This section has been updated from the original DDA to provide that the City and SBCTA have approval rights with respect to modification, alteration, construction, or reconstruction of facilities under the current or future ownership or exclusive operation of the City and/or SBCTA. Both parties have agreed upon an expedited review process to meet the schedule, at the developers cost. Conveyance of Other Real Property Interests under the DDA In addition to the Station Property, the City and/or SBCTA will convey the following real property interests to Brightline for its high-speed rail system: •The City will convey an easement along 8th Street between the Station Property eastward to approximately Rochester Avenue for elevated rail tracks (the “8th Street Easement”). The City Engineer will review the location of the tracks supporting columns to ensure they do not interfere with public improvements and traffic safety. This document has been updated from the original DDA. •The City will convey an easement over a portion of the Station Property’s parking lot adjacent to Milliken Avenue for Brightline’s parking structure ramp and driveway (the “Milliken Easement”). This easement is setback 20 feet from Milliken to preserve space for a future widening of the street. A driveway will connect Milliken to the high-speed rail station. This document has been updated from the original DDA. •The City and SBCTA will convey an easement across the northwestern portion of the Station Property to Brightline for elevated rail tracks (the “Aerial Easement”). The Aerial Easement will be for aerial platform improvements supported by columns, over property owned jointly by the City and SBCTA. This easement area is approximately 0.74 acres generally with a sixteen (16) foot clearance between the ground and the aerial easement area. The Aerial Easement provides Brightline with non-exclusive access rights across the property jointly owned by SBCTA and the City to get to the Aerial Easement area and defers to future right of entry agreements any need for rights above and beyond access for use of the underlying City/SBCTA property for performing maintenance or repairs to the aerial platform. Performance provisions under the Aerial Easement have been modeled after the main DDA in terms of time. This document has been updated from the original DDA. •SBCTA will convey a fee interest in a strip of land (San Gabriel Subdivision or SGS) to Brightline on the northern portion of the Station Property. Terms of this conveyance are the same as the DDA’s conveyance of the jointly owned property noted above. The original DDA has been amended three times since its approval in October 2022. The three amendments extended Brightline’s due diligence period. The proposed fourth amendment would do the following: •Update the station site plan to incorporate revised circulation and parking arrangements. •Amend the legal descriptions for the Station Property and the easements to reflect the revised station site plan. •Amend the inspector of record process to provide a process for the City’s independent review and approval of public improvements. All the real property interests noted above will still be sold to Brightline at their appraised fair market value, and the appraisal process is currently underway. Page 758 Page 7 2 9 1 3 Covenants, Conditions and Restrictions (CC&R’s) The DDA required the preparation of CC&R’s that would be part of the final property transaction before closing. The CC&Rs will define the relationship between the City, SBCTA, and Brightline with respect to their adjacent property interests. That document has now been completed and is attached to this report for approval. The CC&R’s: •Define specific terminology for clarity •Provide that the property shall only be operated for transit and transit related purposes •Set forth provisions governing maintenance, security, and the responsibilities of Brightline and the City and SBCTA. •Provide for access easements that benefit the public for access to and from parking and existing Cucamonga Station platform improvements that will remain in service for Metrolink. •Provide for temporary construction easements during the initial construction including parking for the construction workers •Address future improvements on site and parking requirements. •Address elevator access •Indemnification and insurance requirements among the three parties. •Require Brightline to complete right of way improvements to Azusa Court, Anaheim Place, Milliken Avenue, and the related intersections, including the installation of a traffic signal at Azusa Court and Milliken Avenue. •Provide for Public Art at Cucamonga Station in an amount up to $1.5M •Detailed legal descriptions have been included for the CC&R’s and the DDA. Compensation On March 2, 2022, the San Bernardino County Transportation Authority (SBCTA) Board of Directors approved Lease Agreement 22-1002723, leasing a portion of the SGS to DesertXpress Enterprises, LLC (DXE) for their Brightline West High Speed Rail Project (Project). The rent under the terms of the original agreement is $1 per year for the initial 50-year term and the 49-year optional term to extend. The $1 per year consideration was supplemented by an obligation requiring DXE to enter into a supplemental agreement for the provision of local rail service between a station to be constructed in the high desert region and the Cucamonga Station. The weekday operation of local rail service during the morning and afternoon hours connecting Rancho Cucamonga and the high desert is expected to provide congestion relief on the I-15 corridor through the Cajon Pass which would otherwise be cost prohibitive for SBCTA to achieve through other means. In addition, SBCTA is updating their agreement with Brightline West to Fair Market Value rent based on a current appraisal which is then updated every 3 years to be adjusted by the change in Consumer Price Index for San Bernardino County. Slightly differently positioned in terms of revenue and expenses than SBCTA, The City of Rancho Cucamonga is retaining, as noted previously, its share of the proceeds of the Station Property sale. The City intends to develop land in the HART District to provide additional revenue to offset the anticipated and forecast public safety and infrastructure impacts of the high-speed rail project. One potential option is a full service/luxury hotel and restaurant in the HART District. Additionally, the City intends to ensure that needed infrastructure improvements for new development are provided for using all legally available methods. Finally, although non-residential restaurant and retail uses in The Resort project to date are nearly non-existent, the City anticipates working even closer with Lewis Development going forward to ensure that The Resort North and South are developed with the full scope of anticipated non-residential restaurant and retail acreage envisioned in the specific plan. Further, beyond the boundaries of The Resort, but within the Page 759 Page 8 2 9 1 3 larger HART District, the City is keenly focused on a 21st Century mixed use housing, employment and retail district which generates substantially more revenue than expenses and provides a focal center for southern Rancho Cucamonga. Environmental Review The Federal Railroad Administration (“FRA”) completed an environmental review pursuant to the National Environmental Policy Act (“NEPA”) for the segment of Brightline’s high-speed rail system between Victor Valley and Rancho Cucamonga, including the proposed Rancho Cucamonga station. Brightline’s project is not subject to further review under the California Environmental Quality Act (“CEQA”) because of the Interstate Commerce Commission Termination Act (“ICCTA”). To expedite railroad construction, the ICCTA preempts certain state environmental laws, including CEQA, when applied to railroad projects. The federal Surface Transportation Board (STB) is an independent federal agency that is charged with the economic regulation of various modes of surface transportation, primarily freight rail. The STB has determined that Brightline’s high-speed rail system is one such project that is not subject to CEQA. Even if the project were subject to CEQA, it would qualify for a statutory exemption applicable to passenger and commuter services on rail or highway rights-of-way. (Public Resources Code Section 21080(b)(10)). Accordingly, no further environmental review is necessary once the FRA concludes its NEPA process, which is expected to wrap up in the fourth quarter of 2022. Surplus Land Act On August 10, 2022, the California Department of Housing and Community Development determined that the City’s and SBCTA’s sale of the Station Property to Brightline is not subject to the Surplus Land Act because the sale of the property is necessary for interstate public transportation services. The proposed revisions to the property description under the amended DDA is minor and within the scope of the approval previously provided by HCD. General Plan Consistency On July 27, 2022, the Planning Commission adopted Resolution 22-23 finding that the proposed disposition of the Station Property is consistent with the City’s General Plan, known as PlanRC. PlanRC identifies the Station Property as the planned location of the high-speed rail station to develop the area into a regional transportation hub. The proposed revisions to the property description under the amended DDA is minor and does not change the Planning Commission’s prior finding. FISCAL IMPACT: The City anticipates the impacts of the Brightline West project will be largely dependent on overall ridership. Brightline’s modeling of economic impacts is based on an optimistic assessment of ridership although their experience in Florida, admittedly skewed by COVID, does not necessarily bear out the most optimistic assessments. Similarly, SBCTA’s estimates of parking impacts are based on a worst-case assessment of ridership and assume nearly all freeway users will continue to drive to Cucamonga Station, which would seem to indicate very low Brightline ridership. By contrast, the City’s fiscal impact modeling is not so black or white. Ridership and use of the Station could result in impacts from $250,000 per year to $1,000,000 depending on many variables and assumptions. Impacts are expected to include additional wear and tear on infrastructure due to new vehicular traffic at Cucamonga Station, potential for decreased parking revenue from Metrolink users and substantial increased law enforcement demands resulting from Cucamonga Station passengers utilizing high speed rail. Eventually, Brightline’s ridership could increase such that it causes Milliken Avenue to exceed its design criteria for maximum vehicular use necessitating widening. The City and SBCTA are working on a joint study to examine Milliken Page 760 Page 9 2 9 1 3 Avenue and determine that tipping point and how it could be addressed; additionally, as noted previously the City is pursuing economic development activities throughout the HART District including hotel uses, restaurants, retail, new office, additional for-lease and for-sale housing and even shared offsite parking as needed. Ultimately the HART District is envisioned as a vital and unique community, like Playa Vista, that provides a destination for visitors to Western San Bernardino County. That larger scope, if developed carefully, should meet, and exceed the revenue needs generated by the impacts from use of high-speed rail. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: Through the construction of a unique west coast multi-modal transit facility that links commuter rail with high-speed rail with the Ontario International Airport thereby reducing GHG and congestion while improving the transit experience, this project aligns with and helps advance City Council goals to “intentionally anticipate and embrace the future”, “relentlessly pursue improvement” and “promote a safe and healthy community for all.” High speed electric zero emission rail, while in use in Europe and Asia for many years, is new to the United States and will be a cutting-edge project that reduces traffic congestion and GHG emissions. The construction of a multi-modal transit facility that combines true high-speed rail (over 125 mph) and provides a 1-stop link to an existing regional commuter rail system (Metrolink) which goes from downtown Los Angeles to San Bernardino and Redlands, a bus rapid transit system (West Valley Connector) which is under construction, the Ontario Airport (SBCTA underground tunnel) and an adjacent walkable mixed use community (The Resort) will be unique in the United States and is a quantum improvement in mass transit connectivity for the City of Rancho Cucamonga and San Bernardino County. This new system will improve transit connectivity in a safe, efficient, and cost-effective manner while improving the environmental quality of the area. This project will form the cornerstone of the HART District for Rancho Cucamonga. ATTACHMENTS: Attachment 1 - 4th Amendment to the Development and Disposition Agreement including all Easements and Exhibits. Attachment 2 - Covenants, Conditions and Restrictions for Rancho Cucamonga Station. Page 761 FOURTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT THIS FOURTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (this "Amendment") is entered into as of _________, 2024 by and among CITY OF RANCHO CUCAMONGA, a California municipal corporation ("City"), SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a public entity ("SBCTA"; City and SBCTA, collectively, "Seller"), and DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability company d/b/a Brightline West ("Developer"). R E C I T A L S A.Developer and Seller are parties to that certain Disposition and Development Agreement dated as of October 5, 2022 (the "Original Agreement"), as amended by that certain First Amendment to Disposition and Development Agreement dated as of February 2, 2023 (the "First Amendment"), that certain Second Amendment to Disposition and Development Agreement dated as of March 6, 2023 (the "Second Amendment"), and that certain Third Amendment to Disposition and Development Agreement dated as of March 30, 2023 (the "Third Amendment", and together with the Original Agreement, First Amendment, Second Amendment, Third Amendment and this Amendment, collectively the "DDA"), pursuant to which Developer agreed to develop a train station and related infrastructure located in Rancho Cucamonga, California (the "Property"), as more particularly described in the DDA. B.All capitalized terms used but not defined herein shall have the meanings ascribed such terms in the DDA. C.The parties desire to amend the DDA upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Seller and Developer agree as follows: A G R E E M E N T 1.Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2.City/SBCTA Property Description.Exhibit "A-3" through Exhibit "A-7", inclusive, attached to the DDA are hereby deleted and replaced in their entirety with the new Exhibit "A-3" through Exhibit "A-7", inclusive, attached hereto, which revised Exhibits are hereby incorporated into the DDA. 3.Site Plan. The Site Plan attached as Exhibit "C" to the DDA is hereby deleted and replaced in its entirety with the new Site Plan attached hereto as Exhibit "C", which revised Site Plan is hereby incorporated into the DDA. ATTACHMENT 1 4885-9088-6533.10 378683.00002/ Page 762 4.Grant Deed. The Grant Deed attached as Exhibit "D" to the DDA is hereby deleted and replaced in its entirety with the new Grant Deed attached hereto as Exhibit "D", which revised Grant Deed is hereby incorporated into the DDA. 5.8th Street Easement. The Easement for High-Speed Rail Overpass (8th Street) attached as Exhibit "E" to the DDA is hereby deleted and replaced in its entirety with the new Easement for High-Speed Rail Overpass (8th Street) attached hereto as Exhibit "E", which revised Easement for High-Speed Rail Overpass (8th Street) is hereby incorporated into the DDA. 6.Easement for Aerial Platform. The Easement for Aerial Platform attached as Exhibit "F" to the DDA is hereby deleted and replaced in its entirety with the new Aerial Platform Easement attached hereto as Exhibit "F", which revised Aerial Platform Easement is hereby incorporated into the DDA. 7.Milliken Triangle Easement. The Milliken Triangle Easement attached as Exhibit "G" to the DDA is hereby deleted and replaced in its entirety with the new Milliken Triangle Easement attached hereto Exhibit "G", which revised Milliken Triangle Easement is hereby incorporated into the DDA. 8.Inspector of Record Process. Sections 2.3, 2.4 and 2.5 are hereby added to the Inspector of Record Process in Exhibit H as follows: 2.3 Public Owned Improvements. With respect only to the modification, alteration, construction, or reconstruction of facilities under the current or future ownership or the exclusive operation of City and/or SBCTA ("Public Improvements"), including tunnels, ramps, public streets, curbs, gutters, sidewalks, traffic signals, storm drains, parking lots, street lights, and landscaping, the City or SBCTA, as applicable ("Approving Agency"), shall have approval rights with respect to the design and/or construction drawings relating thereto (each a "Submittal"). The Approving Agency shall complete its review and take action on any Submittal that is (i) consistent with the codes described in Section 1 above; (ii) consistent with other standards, specifications, and requirements applicable to the subject Public Improvement and adopted by the Approving Agency and effective at the time the Submittal is received by the Approving Agency; and (iii) generally consistent with the Site Plan within twenty (20) days of its receipt of such Submittal. The foregoing shall not prohibit the imposition of state or federal required standards, such as applicable updated accessibility standards. The City agrees to have a scoping meeting within sixty (60) days of the date of this Amendment and additional meetings with Developer during the design process to discuss applicable standards and to ensure Developer has a copy of the current and future pending standards, specifications, and requirements. Developer agrees to commence construction within one (1) year of the issuance of the associated building permit, unless extended by the City. Approving Agency staff shall transmit its comments in the form of a comment matrix and annotated plans (as appropriate) to Developer. If the Approving Agency has not completed its review within such time, Developer may provide the Approving Agency notice to cure. The Approving Agency shall have ten (10) days to cure by completing its review after receipt of the Developer notice. If the Approving Agency has not completed its review and taken action by the ninth (9th) day, Developer and Approving Agency shall meet on the tenth (10th) day to discuss any open issues with the result of such meeting being an approval or a conditional approval upon incorporation of comments. If, 4885-9088-6533.10 378683.00002/-2- Page 763 in the sole discretion of the Approving Agency, Developer or its contractor has submitted a Submittal or series of Submittals that cannot reasonably be completed within twenty (20) days due to the Submittal's volume, complexity or other condition beyond the reasonable control of the Approving Agency, the Approving Agency shall provide notice within seven (7) days of receipt of a Submittal to Developer of its inability to complete its review to Developer. The Approving Agency and Developer shall thereafter mutually agree on a new deadline for the Approving Agency to complete its review of any or all pending Submittals, provided that in no event shall the review period exceed sixty (60) calendar days. The Approving Agency shall inspect any Public Improvements within three (3) business days of Developer's request. If the Approving Agency fails to timely inspect, Developer may provide a second notice to the Approving Agency. If the Approving Agency fails to inspect any Public Improvements within two (2) business days following such second notice, then the Inspector of Record shall inspect such Public Improvements and provide the Approving Agency with the results and documentation from such inspection. The Approving Agency shall accept or reject such Public Improvements following the inspection thereof. The rejection notice must include sufficient details regarding the rejection to provide for a path for subsequent approval and acceptance. For the avoidance of doubt, this Section 2.3 shall apply only to Public Improvements, including right-of-way improvements, as applicable, but not to any otherwise private improvements, such as the Developer station or track and rail facilities. 2.4 City Review and Inspection of Public Improvements. With respect to the review of a Submittal with respect to Public Improvements, Developer agrees to pay for a third party reviewer if necessary to meet the deadlines noted in Section 2.3 above. With respect to the inspection of Public Improvements, to the extent desired by the City, Developer agrees to use and pay for a City Public Works employee in lieu of a third-party Inspector of Record so long as the City agrees to expedite such inspection work consistent with the expedited Inspector of Record Process. For the avoidance of doubt, the timing for review, approval, and inspection set forth in Section 2.3 above also applies to such public right-of-way work. 2.5.Failure to Timely Approve; Work Stoppage. Subject to the last sentence of this Section 2.5, if the Approving Agency fails to meet the established deadlines above and additionally fails to respond to the notice to cure established above, then Developer may direct its contractor to perform the work, on a conditional basis pending the Approving Agency's compliance. Neither Party shall arbitrarily or capriciously withhold or delay any action or approval required under this Agreement or necessary to complete the Project. In no event shall work be stopped in the event of a claim or dispute, except for reasons of public health or safety, or where the Inspector of Record orders a halt to the work or where it is absolutely necessary to first resolve the dispute in order to be able to continue work. 9.Developer Address. Developer's notice address in Section 8.1 of the DDA is hereby updated as follows: DesertXpress Enterprises, LLC 8329 W. Sunset Road, Suite 150 Las Vegas, NV 89113 Attn: President 4885-9088-6533.10 378683.00002/-3- Page 764 With a copy to Developer's Legal Department At the Developer address above 10.Full Force and Effect. This Amendment, together with the DDA, as previously amended, constitutes the entire agreement between Seller and Developer regarding the matters set forth herein or therein, and supersedes any and all prior and/or contemporaneous oral or written negotiations, agreements or understandings. Except as otherwise specifically provided herein, the DDA shall remain unmodified and shall continue in full force and effect. 11.Counterparts; Execution by Electronic Means. This Amendment may be signed by the parties in two or more counterparts which, including the execution and transmission via electronic means, when taken together, shall constitute one and the same instrument and shall have the same force and effect as if the originally executed copies of this Amendment were delivered to all parties. [SIGNATURES ON FOLLOWING PAGE] 4885-9088-6533.10 378683.00002/-4- Page 765 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first above written. SELLER:DEVELOPER: DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability companyCITY OF RANCHO CUCAMONGA, a California municipal corporation By:By: Name: Title: Name: Title: APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a public entity By: Name: Title: APPROVED AS TO LEGAL FORM: 4885-9088-6533.10 378683.00002/-5- Page 766 EXHIBITS "A-3" – A-7 CITY/SBCTA PROPERTY [See Attached] EXHIBITS "A-3" – A-74885-9088-6533.10 378683.00002/-1- Page 767 EXHIBIT ‘A-3’ Legal Description of the City/ SBCTA Property APN: 0209-272-11, 0209-272-22, & 0209-143-21 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive of Parcel Maps, in the Office of the County Recorder of said County, together with a portion of the SANBAG (formerly A.T. & S.F.) Railroad Right-of-Way, as shown on said Parcel Map, filed in the Office of said County Recorder, within Section 13, Township 1 South, Range 7 West, San Bernardino Meridian, together with a portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County, described as follows: Parcel “A” Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 12.83 feet to the Point of Beginning; Thence South 00°00’00” West 568.51 feet to the southeasterly line of Parcel 15 per said Parcel Map; Thence along said southeasterly line South 46°46’47” West 23.71 feet to the southerly line of said Parcel 15; Thence along said southerly line South 89°36’24” West 269.11 feet to the beginning of a tangent curve, concave northwesterly, having a radius of 117.00 feet; Preliminary Page 1 of 3 05/13/2024 5:58:57 PM Page 768 Thence northwesterly, along said curve, being the southwesterly line of said Parcel 15, through a central angle of 29°43’39” an arc length of 60.70 feet; Thence leaving said southerly line North 00°10’37” West 569.98 feet to said northerly line of the Rancho Cucamonga Metrolink Station Phase I; Thence along said northerly line North 89°43’55 East 346.26 feet to the Point of Beginning; Excepting therefrom that portion of the land described below as Parcel “B”. Parcel contains 115,115 square feet, more or less. AND Parcel “B” Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 12.83 feet; Thence leaving said easterly prolongation line and northerly line South 00°00’00” West 220.19 feet; Thence South 90°00’00” West 10.47 feet to the Point of Beginning; Thence South 90°00’00” West 248.00 feet; Thence South 00°00’00” East 348.75 feet; Thence North 90°00’00” East 248.00 feet; Thence North 00°00’00” East 348.75 feet to the Point of Beginning. Preliminary Page 2 of 3 05/13/2024 2:16:24 PM Page 769 Parcel contains 86,490 square feet, more or less. Excepting from Parcel B that eight-foot-high portion of the real property depicted on Exhibits A-7 attached hereto. See Exhibits ‘A-3’, ‘A-4’, ‘A-5’, ‘A-6’, and ‘A-7’ attached hereto and made a part hereof. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: ______________________ Sean M. Smith, PLS 8233 Date: ____________________ Preliminary Page 3 of 305/13/2024 2:16:27 PM Page 770 Preliminary 05/13/2024 2:16:29 PM Page 771 Preliminary 05/13/2024 2:16:37 PM Page 772 Preliminary 05/13/2024 2:16:47 PM Page 773 Preliminary 05/13/2024 2:16:52 PM Page 774 EXHIBIT "C" SITE PLAN [See attached] EXHIBIT "C" -1-4885-9088-6533.10 378683.00002 Page 775 Rancho Cucamonga Station Site Plan RELOCATION OF METROLINK TUNNEL ACCESS METROLINK RAMP ACCESS FROM METROLINK PLATFORM TO P3 LEVEL AT-062259 METROLINK PLATFORMS 1126.531 METROLINK PARKING ACCESS RAMP GNV 1125.7GNV1101.4AT-062260 1126.3 1125.2 GNVP1125.71124.3 3 P P P P P P 1125.6 1125.6 UB 1101.7 1125.5PSTAIRSPPPPPPPP AM P P DENSETREES 1125.7 1126.3 1126.2P 1128.1125.9 1125.5 1126.9 1126.3 1126.21125.6 1127.11127.71126.2 1127.5METROLINK SURFACE PARKING 1127.71127.2 DENSE ES 1127.1 1128.9 B GNV TRE BRS TREES GNV BUS NV GV RUH NV GNV P P DENSETREES P RM 1124.7 GNV '0"DENSETREES TARS P PP BRIGHTLINE STATION GNV STAIRS STAIRS GNV GNVGNV 1122.2 1123.7 ASPHGNV 1107.420.6 GNVN 1107.6 ELEVATED VIADUCT CARRY TRAIN LINES AND PLATFORM DENSETREES ASH BRUSH GNV 1120.6 ASH 1127.7 GNV GNV PICK-UP & DROP-OFF LOOPGVON DENSE AP TREES 11R=1101.4 P C P C GNV P C 8.7 P C 01 02 GN 0 03 GV 01 04 DENSE GNV 1111.6 01 05 TREESFod R=10 i SERVICE ACCESS1122.4 CONCDNS TES 1117.61122.4 ESETRE GNV 7.4 GNV N APH 1114.51122.2 1117.5 ASPH 1116.4 DENSETREES AT-062261 GNV 11 116.5GNV 1116.475 GNV GNV METROLINK GATE ACCESS FOR USE ONLY1115.7 DURING ELEVATOR REPAIR OR MAINTENANCEEXTENSION OF AZUSA COURT AS PART OF THE RESORT NORTH PROJECT. (NOT PART OF THE BRIGHTLINE WEST FUNDED IMPROVEMENTS) GNV 1115.6 ASH GNV 1115.5 1115.5 ASPH GNVSH P 1115.3 GNV BRUSH 11 BRUSH 20’ OFFSET TO ALLOW FOR MILLIKEN AVE WIDENING 1114.8 P GNV GNV P 2.7 1115.4GNV1113.6 1115.5DENSE GNVTRES EXISTING BUS LOOP 1113.7 GNV GNV 1114.6 11 1114.4 GNV METROLINK PARKING IN THE GARAGEBUH 1113.9 CONCASPH GNV NV GNV GNVGNVAT-2306 1112.105METROLINK SURFACE PARKING BRUSH 1110.8 1111.5 ASPH 1112.71110.5 1113.5 GNV GNV GNV 1112.5 DENSEGNVBRUSH TREES BRUSH GNV1108.2 1107.2 1108.5 GNV SIGNALIZED INTERSECTIONBRUSH 1109.7 PARKING ACCESS LANES & RAMPS METROLINK PARKING TOTAL STALL COUNT - 650 SPACES BRIGHTLINE WEST RANCHO CUCAMONGA/ 02/16/2024 Page 776 Rancho Cucamonga Station P2 Plan RELOCATION OF METROLINK TUNNEL ACCESS METROLINK RAMP ACCESS FROM METROLINK PLATFORM TO P3 LEVEL AT-062259 1126.531 BRIGHTLINE STATION GNV 1125.7GNV1101.4AT-062260 1126.3 1125.2 GNVP1125.71124.3 3 P P P P P P 1125.6 1125.6 1101.7 1125.5P UB STAIRSPPPPPPPP RAMP P P DENSETREES 1125.7 1126.3 1126.2P 1128.4 1128.3 1125.9 1125.5 1126.9 1126.3 1126.21125.6 1127.11127.71126.2 1127.5 1127.71127.2 DENSE DENSE1127.1 1128.9 1128.5 UB GNV TREES BRUSH TREES 1103.6 GNV BRUSH GNV GNV BRUSH GNV GNV P P DENSETREES P RM 1103.51124.7 GNV 5'-0" DENSETREES P TARS P P 1127.9P 1124.5 1123.5 1122.8 GNV STAIRS STAIRS GNV1122.6 1122.5 1122.4 GNVGNV 1122.2 1123.7 ASPHGNV 1107.420.6 GNVGNV 1107.61122.4DENSETREES 1121.1 1120.6 1120.5 ASPH BRUSH1120.7 GNV 1120.6 ASH 1127.7 GNV GNVGNV CONC DENSE 1119.5 ASPH 1118.7 TREES 1120.4 1119.3 11R=1101.4 1118.7 P C P C GNV P C 8.7 P C 01 02 GNV 01 03 GNV 01 04 DENSE GNV 1111.6 01 05 1117.5 Foosdte TREES1118.4 1117.5 R=101118.4 Trash Wa Optional Recycling 1122.4 1118.6 1117.7 CONCDENSETREES 1117.61122.4 1117.3 1117.4DENSETREES GNV 1117.4 GNV N ASPH 1114.51122.2 1117.5 ASPH 1116.4 DENSE1116.5 TREES AT-062261 GNV 1115.7 116.5GNV 1116.475 GNV GNV 1115.3 1115.7 GNV 11114.5 ASH1115.6METROLINK PARKING ACCESS RAMP GNV 1115.5 1115.5 ASPH GNVASPH P 1115.3 GNV BRUSH 1113.3 11 BRUSH GNV 1114.8 P GNV BRIGHTLINE WEST PARKING GARAGE P 1112.7 1115.4GNV1113.6 DENSE 1115.5GNVTRES 1113.7 GNV GNV 1114.6 11 1114.4 GNV BRUSH1113.9 CONCASPH GNV NV GNV GNVGNVAT-2306 1112.105 BRUSH ASPH1110.8 1111.5 1112.71110.5 1113.5 GNV GNV GNV 1112.5 DENSEGNVBRUSH TREES BRUSH GNV1108.2 1107.2 1108.5 GNV BRUSH 1109.7 BRIGHTLINE WEST RANCHO CUCAMONGA/ 02/16/2024 Page 777 Rancho Cucamonga Station P3 Parking Plan RELOCATION OF METROLINK TUNNEL ACCESS METROLINK RAMP ACCESS FROM METROLINK PLATFORM TO P3 LEVEL AT-062259 1126.531 BRIGHTLINE STATION GNV 1125.7GNV1101.4AT-062260 1126.3 1125.2 GNVP1125.71124.3 3 P P P P P P 1125.6 1125.6 1101.7 1125.5P UB STAIRSPPPPPPPP RAMP P P DENSETREES 1125.7 1126.3 1126.2P 1128.4 1128.3 1125.9 1125.5 1126.9 1126.3 1126.21125.6 1127.11127.71126.2 1127.5 1127.71127.2 DENSE DENSE1127.1 1128.9 1128.5 UB GNV TREES BRUSH TREES 1103.6 GNV BRUSH GNV GNV BRUSH GNV18'-8" " GNV P P DENSETREES P RM 1103.51124.7 GNV 5'-0" DENSETREES P TARS P -P 1127.9P 1124.5 1123.5 1122.8 GNV STAIRS 1A4G'L STAIRS GNV1122.6 1122.5 1122.4 GNVGNV 1122.2 1123.7 ASPHGNV 1107.4 BRIDGE CONNECTIONS AT LEVELS P3 & P8 20.6 GNVGNV 1107.61122.4DENSETREES 1121.1 1120.6 1120.5 ASPH BRUSH1120.7 GNV 1120.6 ASH 1127.7 GNV GNVGNV CONC DENSE 1119.5 ASPH 1118.7 TREES 1120.4 1119.3 11R=1101.4 1118.7 P C P C GNV P C 8.7 P C 01 02 GNV 01 03 GNV 01 04 DENSE GNV 1111.6 01 05 1117.5 Foosdte TREES1118.4 1117.5 R=101118.4 Trash Wa Optional Recycling 1122.4 1118.6 1117.7 CONCDENSETREES 1117.61122.4 1117.3 1117.4DENSETREES GNV 1117.4 GNV N ASPH 1114.51122.2 1117.5 ASPH 1116.4 DENSE1116.5 TREES AT-062261 GNV 1115.7 116.5GNV 1116.475 GNV GNV 1115.3 1115.7 GNV 11114.5 ASH1115.6METROLINK PARKING ACCESS RAMP GNV 1115.5 1115.5 ASPH GNVASPH P 1115.3 GNV BRUSH 1113.3 11 BRUSH GNV 1114.8 P GNV BRIGHTLINE WEST PARKING GARAGE P 1112.7 1115.4GNV1113.6 DENSE 1115.5GNVTRES 1113.7 GNV GNV 1114.6 11 1114.4 GNV BRUSH1113.9 CONCASPH GNV NV GNV GNVGNVAT-2306 1112.105 BRUSH ASPH1110.8 1111.5 1112.71110.5 1113.5 GNV GNV GNV 1112.5 DENSEGNVBRUSH TREES BRUSH GNV1108.2 1107.2 1108.5 GNV BRUSH 1109.7 BRIGHTLINE WEST RANCHO CUCAMONGA/ 02/16/2024 Page 778 Rancho Cucamonga Station Typical Parking Plan RELOCATION OF METROLINK TUNNEL ACCESS METROLINK RAMP ACCESS FROM METROLINK PLATFORM TO P3 LEVEL AT-062259 1126.531 BRIGHTLINE STATION GNV 1125.7GNV1101.4AT-062260 1126.3 1125.2 GNVP1125.71124.3 3 P P P P P P 1125.6 1125.6 1101.7 1125.5P UB STAIRSPPPPPPPP RAMP P P DENSETREES 1125.7 1126.3 1126.2P 1128.4 1128.3 1125.9 1125.5 1126.9 1126.3 1126.21125.6 1127.11127.71126.2 1127.5 1127.71127.2 DENSE DENSE1127.1 1128.9 1128.5 UB GNV TREES BRUSH TREES 1103.6 GNV BRUSH GNV GNV BRUSH GNV18'-8" " GNV P P DENSETREES P RMP 1103.51124.7 GNV 5'-0" DENSETREES P TAIS P -P 1127.9P 1124.5 1123.5 1122.8 GNV STAIRS 1A4G'L STAIRS GNV1122.6 1122.5 1122.4 GNV GNV 1122.2 1123.7 ASPHGNV 1107.4 BRIDGE CONNECTIONS AT LEVELS P3 & P8 20.6 GNVGNV 1107.61122.4DENSETREES 1121.1 1120.6 1120.5 ASPH BRUSH1120.7 GNV 1120.6 AP 1127.7 GNV GNVGNV CONC DENSE 1119.5 ASPH 1118.7 TREES 1120.4 1119.3 11R=1101.4 1118.7 P C P C GNV 8.7 P C 01 02 GNV 01 03 GNV 01 04 DENSE GNV 1111.6 01 05 1117.5 Foosdte TREES1118.4 1117.5 R=101118.4 Trash Wa Optional Recycling 1122.4 1118.6 1117.7 CONCDENSETREES 1117.61122.4 1117.3 1117.4DENSETREES GNV 1117.4 GNV GV ASPH 1114.51122.2 1117.5 ASPH 1116.4 DENSE1116.5 TREES AT-062261 GNV 1115.7 116.5GNV 1116.475 GNV GNV 1115.3 1115.7 GNV 11114.5 ASPH1115.6METROLINK PARKING ACCESS RAMP GNV 1115.5 1115.5 ASPH GV ASPH P 1115.3 GNV BRUSH 1113.3 11 BRUSH GNV 1114.8 P GNV BRIGHTLINE WEST PARKING GARAGE P 1112.7 1115.4GNV1113.6 DENSE 1115.5GNVTEE 1113.7 GNV GNV 1114.6 11 1114.4 GNV BRUSH1113.9 CONCASPH GNV GV GNV GNVGNVAT-2306 1112.105 BRUSH ASPH1110.8 1111.5 1112.71110.5 1113.5 GNV GNV GNV 1112.5 DENSEGNVBRUSH BRUSH TREESGNV1108.2 1107.2 1108.5 GNV BRUSH 1109.7 BRIGHTLINE WEST RANCHO CUCAMONGA/ 02/16/2024 Page 779 EXHIBIT "D" GRANT DEED [See attached] EXHIBIT "D" -1-4885-9088-6533.10 378683.00002 Page 780 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO, AND MAIL TAX STATEMENTS TO: DesertXpress Enterprises, LLC 8329 W. Sunset Road, Suite 150 Las Vegas, NV 89113 APN(s): Portion of 0209-143-21 and 0209-272-22 (Space above for Recorder’s Use) Exempt From Recording Fee Per Government Code Section 27383 The undersigned grantor declares: Documentary transfer tax is: $ (X) ( ) computed on full value of property conveyed, or computed on full value, less value of liens and encumbrances remaining at time of sale. GRANT DEED The undersigned grantor(s) declare(s): FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF RANCHO CUCAMONGA (“City”) and the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (“SBCTA”), collectively the “Grantor”, hereby GRANT to DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability company (“Grantee”) the land described on Exhibit “A-1”, Exhibit “B-1” and Exhibit “C-1” and depicted on Exhibit “A-2”, Exhibit “B-2” and Exhibit “C-2” and any improvements thereon (the “Property”) EXCEPTING THEREFROM in fee a portion of the Property described on Exhibit “C-1” and depicted on Exhibit “C-3” attached hereto (“Reserved Property”). EXCEPTING THEREFROM AND RESERVING UNTO GRANTOR a non-exclusive access easement appurtenant over that portion of the Property described on Exhibit “D-1” and depicted on Exhibit “D-2” and Exhibit “D-3” attached hereto in favor of the Reserved Property for access to and from Azusa Court for a driveway and mechanical, electrical or other miscellaneous conduit and equipment appurtenant to the operation of the Reserved Property for parking purposes. EXCEPTING THEREFROM AND RESERVING UNTO GRANTOR a non-exclusive utility easement appurtenant over that portion of the Property described on Exhibit “D-1” and depicted on Exhibit D-2” and Exhibit “D-4” attached hereto in favor of the Reserved Property for utilities to and from Azusa Court to service the Reserved Property. Following the installation of the utilities per plans approved by both Grantor and Grantee during the initial construction of the 4862-5387-9124.10 378683.00002//mrf Page 781 improvements on the Property by Grantee, the foregoing utility easement shall be replaced with a utility easement within (1) the driveway easement area described on Exhibit “D-1” and depicted on Exhibit “D-2” and Exhibit “D-3” and (2) a utility easement five (5) feet (or such larger area, as necessary) on each side adjacent to each such installed utility between Azusa Court and the Reserved Property that provides utility service to the Reserved Property. For the avoidance of doubt, if Grantor desires to modify or add utilities in the future, Grantee shall have reasonable review and approval rights with respect to any such modification or addition. EXCEPTING THEREFROM AND RESERVING UNTO GRANTOR a non-exclusive access easement over that portion of the Property shown and depicted on Exhibit “E” attached hereto, in favor of the adjacent transit center property to the west owned by the City and SBCTA described and depicted on Exhibit “F” attached hereto, for access to and from the north Metrolink platform via an underground tunnel. EXCEPTING THEREFROM AND RESERVING UNTO SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (“SBCTA”) an exclusive easement for the construction, maintenance, repair, operation and use of one or more tunnels, including appurtenant facilities necessary or convenient thereto, in and through that portion of the Property described and depicted on Exhibit “G” (“Tunnel Easement Area”) attached hereto and subject to the terms and provisions of Schedule 1 attached hereto (“Tunnel Easement”). SUBJECT TO, all matters of record and all matters visible upon a diligent inspection. 1.This grant of the Property is subject to the terms of a Disposition and Development Agreement entered into by and between Grantor and Grantee dated as of October 5, 2022 (as amended, the “DDA”), which includes an irrevocable parking license in favor of Grantor to the extent and for so long as the Property can be used for parking pending the required and contemplated development of the Property pursuant to the DDA. 2.As provided in, and subject to the provisions contained in, Section 5.2.2 of the DDA, the Grantor shall have the right, at its option, to reenter and take possession of the Property hereby conveyed, with all improvements thereon and to terminate and revest in Grantor the Property hereby conveyed to the Grantee (or its successors in interest). 3.Section 4.1 of the DDA contains specific and reasonable restrictions on transfer of the Property and on transfer of interests in Developer until completion of the Project, with certain specific exceptions. The Grantee covenants, for itself and its successors and assigns, to comply with such restrictions, which are hereby incorporated herein by reference. 4.Upon written request by Grantee, the City Manager of the City and the Executive Director of the SBCTA shall execute a “Certificate of Completion” in recordable form, cause it to be acknowledged and deliver it to Grantee for recording to confirm that such development has been timely completed in accordance with the DDA. 5.The covenants and restrictions in this Grant Deed shall bind, benefit and burden the Property, the Grantor and the Grantee and their respective successors, assigns and successors in interest to all or any portion of or interest in the Property. [Signatures on Following Page] 4862-5387-9124.10 378683.00002//mrf -2- Page 782 IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth below. Dated: ________________, 2024 CITY OF RANCHO CUCAMONGA By: Print Name: Title: ATTEST: __________________________________________ City Clerk SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: Print Name: Title: ATTEST: __________________________________________ 4862-5387-9124.10 378683.00002//mrf -3- Page 783 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ______________________) On _________________________, before me, Notary Public, personally appeared , , (insert name of notary) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 4862-5387-9124.10 378683.00002//mrf Page 784 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ______________________) On _________________________, before me, Notary Public, personally appeared , , (insert name of notary) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 4862-5387-9124.10 378683.00002//mrf -N- Page 785 EXHIBIT A TO GRANT DEED PROPERTY DESCRIPTION AND DEPICTION [SEE ATTACHED] EXHIBIT A4862-5387-9124.10 378683.00002//mrf Page 786 EXHIBIT ‘A-1’ Legal Description APN: 0209-143-21 That portion of the SANBAG (formerly A.T. & S.F.) Railroad Right-of-Way, as shown on Parcel Map No. 14647, filed in Book 177, pages 90 through 96, inclusive of Parcel Maps, in the Office of the County Recorder of San Bernardino County, within Section 13, Township 1 South, Range 7 West, San Bernardino Meridian, in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: Commencing at the northeast corner of said Section 13; Thence along the easterly line of said Section 13 South 00°29’50” East 50.00 feet to the easterly prolongation of the northerly line of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County; Thence along said easterly prolongation South 89°43’55” West 30.00 feet to the northeasterly line of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55” West 12.83 feet to the Point of Beginning; Thence continuing along said northerly line South 89°43’55” West 346.26 feet; Thence leaving said northerly line North 00°10’37” West 33.38 feet; Thence North 87°50’29” East 346.61 feet; Thence South 00°00’00” East 44.81 feet to the Point of Beginning; Parcel contains 13,539 square feet, more or less. The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibit ‘A-2’ attached hereto and made a part hereof. Page 1 of 2 Page 787 7KLVUHDOSURSHUW\GHVFULSWLRQKDVEHHQSUHSDUHGE\ PHRUXQGHUP\GLUHFWLRQLQ FRQIRUPDQFHZLWKWKH3URIHVVLRQDO/DQG6XUYH\RU¶V$F W%XV3URI&RGH 6LJQDWXUHBBBBBBBBBBBBB BBBBBBBBB 6HDQ 06PLWK3/6 'DWHB9B/B2B7B/B2B0B2B2BBBBBBBBBBB 3DJHRI Page 788 Page 789 EXHIBIT B TO GRANT DEED PROPERTY DESCRIPTION AND DEPICTION (CONTINUED) [SEE ATTACHED] EXHIBIT B4862-5387-9124.10 378683.00002//mrf Page 790 EXHIBIT ‘B-1’ Legal Description APN: 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647, in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive, of Parcel Maps, in the Office of the County Recorder of said County, together with a portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County, described as follows: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 12.83 feet to the Point of Beginning; Thence South 00°00’00” West 568.51 feet to the southeasterly line of Parcel 15 per said Parcel Map; Thence along said southeasterly line South 46°46’47” West 23.71 feet to the southerly line of said Parcel 15; Thence along said southerly line South 89°36’24” West 269.11 feet to the beginning of a tangent curve, concave northwesterly, having a radius of 117.00 feet; Thence northwesterly, along said curve, being the southwesterly line of said Parcel 15, through a central angle of 29°43’39” an arc length of 60.70 feet; Thence leaving said southerly line North 00°10’37” West 569.98 feet to said northerly line of the Rancho Cucamonga Metrolink Station Phase I; Preliminary Page 1 of 3 05/13/2024 6:09:59 PM Page 791 Thence along said northerly line North 89°43’55 East 346.26 feet to the Point of Beginning; Parcel contains 115,115 square feet, more or less. Excepting therefrom that portion of said Parcel 15 per said Parcel Map, described as follows: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 12.83 feet; Thence leaving said easterly prolongation line and northerly line South 00°00’00” West 220.19 feet; Thence South 90°00’00” West 10.47 feet to the Point of Beginning; Thence South 90°00’00” West 248.00 feet; Thence South 00°00’00” East 348.75 feet; Thence North 90°00’00” East 248.00 feet; Thence North 00°00’00” East 348.75 feet to the Point of Beginning. Parcel contains 86,490 square feet, more or less. The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibits ‘B-2’ attached hereto and made a part hereof. Preliminary Page 2 of 3 05/13/2024 2:29:30 PM Page 792 This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: ______________________ Sean M. Smith, PLS 8233 Date: ____________________ Preliminary 05/13/2024 2:29:34 PM Page 3 of 3 Page 793 Preliminary 05/13/2024 2:29:37 PM Page 794 EXHIBIT C TO GRANT DEED PROPERTY DESCRIPTION AND DEPICTION (CONTINUED) AND DESCRIPTION AND DEPICTION OF THE RESERVED PROPERTY [SEE ATTACHED] EXHIBIT C4862-5387-9124.10 378683.00002//mrf Page 795 EXHIBIT ‘C-1’ Legal Description APN: 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647, in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive, of Parcel Maps, in the Office of the County Recorder of said County, within Section 13, Township 1 South, Range 7 West, San Bernardino Meridian, described as follows: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County; Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 12.83 feet; Thence leaving said easterly prolongation line and northerly line South 00°00’00” West 220.19 feet; Thence North 90°00’00” West 10.47 feet to the Point of Beginning; Thence North 90°00’00” West 248.00 feet; Thence South 00°00’00” West 348.75 feet; Thence North 90°00’00” East 248.00 feet; Thence North 00°00’00” West 348.75 feet to the Point of Beginning. Parcel contains 86,490 square feet, more or less. Preliminary Page 1 of 2 05/13/2024 2:49:04 PM Page 796 Excluding therefrom, in favor of the City of Rancho Cucamonga and San Bernardino County Transportation Authority, the air space above the above-described land, contained between a horizontal plane eight (8) feet above the existing ground surface and existing ground surface. The foregoing 8-foot-tall portion shall exist prior to the construction of improvements by Grantee at an elevation range between 1109-1117 above mean sea level and following the construction of improvements by Grantee, the lower boundary of such 8-foot-tall portion shall commence at the finished ground floor surface and continue directly 8 feet above, as measured perpendicularly to the finished ground floor surface described in a Certificate of Compliance recorded by the City Engineer within 30 days after the completion of construction. The level plane elevation described above is expressed in terms of North American Vertical Datum of 1988. The elevation is based on the San Bernardino County Benchmark No. UF206 with a published elevation of 1,114.07 feet above mean sea level. The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibits ‘C-2’ and ‘C-3’ attached hereto and made a part hereof. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: ______________________ Sean M. Smith, PLS 8233 Date: ____________________ Preliminary 05/13/2024 2:49:10 PM Page 2 of 2 Page 797 Preliminary 05/13/2024 2:49:12 PM Page 798 Preliminary 05/13/2024 2:49:21 PM Page 799 EXHIBIT D TO GRANT DEED DESCRIPTION AND DEPICTION OF DRIVEWAY AND UTILITY EASEMENT [SEE ATTACHED] EXHIBIT D4862-5387-9124.10 378683.00002//mrf Page 800 EXHIBIT ‘D-1’ Description of the Driveway and Utility Easement APN: 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive of Parcel Maps, in the Office of the County Recorder of said County, within Section 13, Township 1 South, Range 7 West, San Bernardino Meridian, described as follows: Parcel “A” - Driveway Easement Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County; Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 12.83; Thence South 00°00’00” West 568.51 feet to the northerly right of way of Azusa Avenue, as shown on said Parcel Map; Thence along said northerly right of way the following four (4) courses: 1) Thence South 46°46’47” West 0.63 feet to a point hereinafter referred to as Point “A”; 2) Thence South 46°46’47” West 23.08 feet to the southerly line of said Parcel 15; 3) Thence South 89°36’24” West 133.70 feet to the Point of Beginning; 4) Thence South 89°36’24” West 30.75 feet; Preliminary Page 1 of 3 05/13/2024 3:04:53 PM Page 801 Thence North 00°00’00” West 16.93 feet; Thence South 90°00’00” East 30.75 feet; Thence South 00°00’00” West 16.72 feet to the Point of Beginning. Parcel contains 517 square feet, more or less. AND Parcel “B” – Utility Easement Beginning at the above-described Point “A”; Thence along said northerly right of way the following three (3) courses: 1) Thence South 46°46’47” West 23.08 feet to the southerly line of said Parcel 15; 2) Thence South 89°36’24” West 269.11 feet to the beginning of a tangent curve, concave northeasterly, having a radius of 117.00 feet; 3) Thence northwesterly, along said curve, being the southwesterly line of said Parcel 15, through a central angle of 29°43’39” an arc length of 60.70 feet; Thence leaving said southerly line North 00°10’37” West 2.65 feet; Thence North 90°00’00” East 344.04 feet to the Point of Beginning. Parcel contains 5,381 square feet, more or less. See Exhibits ‘D-2’, ‘D-3’ and ‘D-4’ attached hereto and made a part hereof. Preliminary 05/13/2024 2:59:10 PM Page 2 of 3 Page 802 This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: ______________________ Sean M. Smith, PLS 8233 Date: ____________________ Preliminary 05/13/2024 3:04:59 PM Page 3 of 3 Page 803 Preliminary 05/13/2024 3:05:05 PM Page 804 Preliminary 05/13/2024 3:05:13 PM Page 805 Preliminary 05/13/2024 3:05:19 PM Page 806 EXHIBIT E TO GRANT DEED DESCRIPTION AND DEPICTION OF ACCESS EASEMENT TO THE UNDERGROUND PEDESTRIAN METROLINK TUNNEL [SEE ATTACHED] EXHIBIT E4862-5387-9124.10 378683.00002//mrf Page 807 EXHIBIT ‘E-1’ Description of Access Easement to the Underground Pedestrian Metrolink Tunnel APN: 0209-143-21 That portion of portion of the SANBAG (formerly A.T. & S.F.) Railroad Right-of-Way, as shown on Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive of Parcel Maps, in the Office of the County Recorder of said County, within Section 13, Township 1 South, Range 7 West, San Bernardino Meridian, described as follows: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of the Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County; Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 352.93 feet to the Point of Beginning; Thence continuing along said northerly line South 89°43’55 West 6.16 feet; Thence leaving said northerly line North 00°10’37” West 33.38 feet; Thence North 87°50’29” East 24.23 feet; Thence South 27°38’38” West 38.68 feet to the Point of Beginning. Parcel contains 509 square feet, more or less. The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibits ‘E-2’ attached hereto and made a part hereof. Preliminary Page 1 of 2 05/13/2024 3:47:04 PM Page 808 This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: ______________________ Sean M. Smith, PLS 8233 Date: ____________________ Preliminary 05/13/2024 3:47:09 PM Page 2 of 2 Page 809 2 Preliminary 05/13/2024 3:47:11 PM Page 810 EXHIBIT ‘F-1’ TO GRANT DEED DESCRIPTION AND DEPICTION OF THE ADJACENT TRANSIT CENTER APN: 0209-272-11 & 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive, of Parcel Maps, in the Office of the County Recorder of said County, together with that portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County, described as follows: All that portion of said Parcel 15, together with all that portion of said Rancho Cucamonga Metrolink Station Phase I; Excepting therefrom that portion lying easterly of the following described line: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation of said northerly line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 359.10 feet to the Point of Beginning; Thence South 00°10’37” East 569.98 feet to the southerly line of said Parcel 15, also being the Point of Terminus; Parcel contains 227,529 square feet, more or less. The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.00 epoch. Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibit ‘F-2’ attached hereto and made a part hereof. Preliminary Page 1 of 2 05/13/2024 11:04:12 AM Page 811 This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: ______________________ Sean M. Smith, PLS 8233 Date: ____________________ Preliminary 05/13/2024 11:04:19 AM Page 2 of 2 Page 812 F-2 Preliminary 05/23/2024 10:38:23 AM Page 813 EXHIBIT G TO GRANT DEED DESCRIPTION AND DEPICTION OF TUNNEL EASEMENT [SEE ATTACHED] EXHIBIT G4862-5387-9124.10 378683.00002//mrf Page 814 EXHIBIT ‘G-1’ Legal Description of Tunnel Easement APN: 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647, in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive, of Parcel Maps, in the Office of the County Recorder of said County, described as follows: Commencing at the northeast corner of Section 13 of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County; Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 12.83 feet; Thence leaving said northerly line South 00°00’00” West 311.62 feet; Thence South 89°36’24” West 345.30 feet to the westerly line of the land described on Exhibit B-1 hereto, said westerly line being that certain course described as having a bearing of North 00°10’37” West and a length of 569.98 feet; Thence along said westerly line South 00°10’37” East 98.41 feet to the Point of Beginning; Thence leaving said westerly line South 47°37’41” East 257.13 feet to the southerly line of said Parcel 15, also being the southerly line of the land described in Exhibit B-1 and shown on the plat in Exhibit B-2; Thence along said southerly line South 89°36’24” West 82.47; Thence leaving said southerly line North 47°37’41” West 145.18 feet to a point on said westerly line; Page 1 of 2Preliminary 05/21/2024 11:57:09 AM Page 815 Thence along said westerly line North 00°10’37” West 76.01 feet to the Point of Beginning. Parcel contains 11,265 square feet, more or less. Excepting therefrom that portion of the above-described parcel lying above a level plane elevation of 1095.50 feet above mean sea level. The level plane elevation described above is expressed in terms of North American Vertical Datum of 1988. The elevation is based on the San Bernardino County Benchmark No. UF206 with a published elevation of 1,114.07 feet above mean sea level. The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibit ‘G-2’ attached hereto and made a part hereof. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: ______________________ Sean M. Smith, PLS 8233 Date: ____________________ Preliminary 05/21/2024 11:57:13 AM Page 2 of 2 Page 816 Preliminary 05/21/2024 11:57:15 AM Page 817 SCHEDULE 1 TO GRANT DEED TERMS AND CONDITIONS OF TUNNEL EASEMENT 1. The party first constructing improvements shall/must engineer its improvements to be located exclusively on and rely upon structural support exclusively from its property, whether the Property, exclusive of the Tunnel Easement Area, as to Grantee or the Tunnel Easement Area as to SBCTA, to accommodate the future construction by the other party of improvements on its property as aforementioned. Prior to construction, the party first constructing improvements shall/must provide to the other party the engineering plans and specifications for such improvements and the non-constructing party has reasonable review rights (within 30 days of delivery) with respect thereto for the limited purpose of providing results of review comments to the constructing party for avoiding and minimizing conflicts for such future improvements by the non-constructing party. 2. For all future construction on the Property, including without limitation the Tunnel Easement Area, beyond the initial construction and any maintenance activities by either party that could foreseeably impact the structural integrity of the improvement(s) of, by or for the other party on its property as described in and as limited by Paragraph 1 above and Paragraph 3 below, the non-constructing or non-maintaining party has reasonable review rights with respect to any such construction (within 30 days of delivery of the construction engineering plans and specifications provided by the constructing party at least 30 days prior to commencing such construction) or maintenance (within 5 business days of delivery of the maintenance plans provided by the maintaining party at least 5 business days prior to commencing such maintenance) by the other party, which review shall be limited to the non-constructing or non-maintaining party providing results of review comments to the constructing or maintaining party for avoiding or minimizing risks to the improvements or operations of the non-constructing or non-maintaining party. Nothing in the foregoing shall change or supersede the Inspector of Record process set forth in Exhibit H to the Disposition and Development Agreement. 3. The constructing party shall ensure that any temporary and permanent improvements do not adversely affect the structural integrity, safety, durability, maintainability, or continued efficient operation of any existing or future facilities of the non-constructing party; provided, however that, except as otherwise expressly agreed in writing by the parties, each party acknowledges and agrees that the structural integrity, safety, durability, maintainability and continued efficient operation of its existing or future facilities must rely exclusively on such party’s property as described in and limited by Paragraph 1 above, including any improvement(s) thereon or thereto, whether the Property, exclusive of the Tunnel Easement Area, as to Grantee or the Tunnel Easement Area as to SBCTA. 4. It is anticipated that any tunneling in the Tunnel Easement Area will occur via modern tunnel boring machine or other similar tunneling methods (i.e., no surface entry within the Property) and not mining or blasting or another similar method without Grantee’s prior written consent; SCHEDULE 14862-5387-9124.10 378683.00002//mrf Page 818 provided, however, that such consent shall not be unreasonably withheld, conditioned or delayed. 5. It is also anticipated that any construction and development on the Property would use spread footers over the tunnel area and not pylons or another method without SBCTA’s prior written consent; provided, however, that such consent shall not be unreasonably withheld, conditioned or delayed. 6. The constructing party shall provide the non-constructing party with 60 days advance written notice prior to the commencement of construction activities and 15 days advance written notice prior to the commencement of any maintenance activities that could foreseeably impact the structural integrity of the improvement(s) of the other party. The constructing party shall use commercially reasonable efforts to mitigate impacts to the operations of the non-construction party. 7. In the event that a party determines that an emergency situation exists that impacts the other party’s respective property as described in Paragraph 1 above, the party seeking to address such emergency situation shall provide notice of the emergency situation to the other party as promptly after such determination and shall have the right, at its sole cost and risk (except to the extent that the emergency is caused or contributed to by the other party), to immediately act to address the emergency situation. 8. Grantee shall protect, indemnify, defend, and hold harmless SBCTA, Omnitrans (the contemplated tunnel operator), its/their successors and assigns, and any other tunnel operator(s), service provider(s), contractor(s) or subcontractor(s) from and against all claims, demands, expenses, liabilities, losses, damages, and costs relating to the Property, inclusive of the Tunnel Easement Area, including without limitation any actions or proceedings in connection therewith and reasonable attorneys’ fees related thereto, incurred in connection with, arising from, due to or as a result of the death of, or any accident, injury, loss, or damage, to, any person or loss or damage to the extent arising as a result of the acts or omissions of Grantee, or any employee, agent, visitor, contractor, patron, guest or invitee (each a “Permittee”) of Grantee on or related to the Property, inclusive of the Tunnel Easement Area. 9. SBCTA shall protect, indemnify, defend, and hold harmless Grantee, it successors and assigns, and any other train operator(s), service provider(s), contractor(s) or subcontractor(s) from and against all claims, demands, expenses, liabilities, losses, damages, and costs relating to the Property, inclusive of the Tunnel Easement Area, including without limitation any actions or proceedings in connection therewith and reasonable attorneys’ fees related thereto, incurred in connection with, arising from, due to or as a result of the death of, or any accident, injury, loss, or damage, to, any person or loss or damage to the extent arising as a result of the acts or omissions of SBCTA or any Permittee of SBCTA on or related to the Tunnel Easement. 10. Notwithstanding anything to the contrary in Paragraphs 8 and/or 9 above, a party shall not be entitled to indemnification or any other right, remedy or relief provided under or pursuant to such paragraphs for claims, demands, expenses, liabilities, losses, damages and costs to the SCHEDULE 14862-5387-9124.10 378683.00002//mrf -2- Page 819 extent caused or contributed to by, or arising out of, resulting from or relating to, its negligence or willful misconduct or the negligence or willful misconduct of its Permittees, including without limitation its breach of, default under or failure of performance with respect to these Tunnel Easement terms and conditions or any of them. 11. Commencing upon the construction of the tunnel(s) and at all times thereafter, SBCTA shall maintain (or require that the tunnel operator maintain) insurance coverage, or self-insurance, in amounts and coverage types, that SBCTA deems appropriate in its reasonable discretion, to which, if any, the Grantee will be named as an Additional Insured. During said period, SBCTA will provide (or require the tunnel operator to provide) to Grantee reasonable evidence of said insurance, or a statement of self-insurance, promptly following receipt of written request for the same from Grantee. During construction of the tunnel(s) in the Tunnel Easement Area, SBCTA will require all contractors to provide insurance coverage types and limits, that SBCTA deems appropriate in its reasonable discretion, and will require (or require the tunnel operator to require) all contractors to add Grantee as an indemnified party and an additional insured to all insurance required in any Tunnel Easement Area construction related contracts. Additionally, if the insurance Grantee requires or desires is in excess of what SBCTA or the tunnel operator, as applicable, is required to carry as outlined in this Paragraph 11, Grantee may, at its sole election and its sole cost and expense, timely obtain and pay for any upgrade/excess amount it requires or desires, such that there is no delay in construction or SBCTA shall be entitled to move forward without same. 12. SBCTA shall not prevent access by Grantee or Grantee’s Permittees to the Property, exclusive of the Tunnel Easement Area, as a result of tunnel construction, maintenance or repair activities in the Tunnel Easement Area. 13. The constructing party, as to its respective property as described in Paragraph 1 above, shall ensure that an adequate performance bond is in place at or prior to the commencement of on- site construction activities. 14. The parties acknowledge and agree that, in connection with the DDA, each party and its counsel have reviewed this Grant Deed (including, without limitation, this Schedule 1), ), and any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Grant Deed (including without limitation this Schedule 1). This Grant Deed, including without limitation this Schedule 1, shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties. 15. The parties further acknowledge and agree that this Grant Deed, including without limitation this Schedule 1, together with all attachments and exhibits thereto, constitutes the entire understanding and agreement of the parties with respect to the tunnel, the Tunnel Easement and the Tunnel Easement Area. The Grant Deed, including exhibits thereto and this Schedule 1, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the tunnel, the Tunnel Easement and the Tunnel Easement Area. [Signature Page Follows] SCHEDULE 14862-5387-9124.10 378683.00002//mrf -3- Page 820 IN WITNESS WHEREOF, the undersigned Grantee does hereby agree to, as well as acknowledge and accept, the Grant Deed, including without limitation this Schedule 1. ___________________________ , a Nevada limited liability company By: _______________________ Sarah Watterson, ___________ ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ______________________) On _________________________, before me, Notary Public, personally appeared , , (insert name of notary) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) SCHEDULE 1 -4-4862-5387-9124.10 378683.00002//mrf Page 821 EXHIBIT "E" EASEMENT FOR HIGH-SPEED RAIL OVERPASS (8TH STREET) [See Attached] EXHIBIT "E" -1-4885-9088-6533.10 378683.00002 Page 822 RECORDING REQUEST BY, AND WHEN RECORDED RETURN TO: DesertXpress Enterprises, LLC 3920 W. Hacienda Ave. Las Vegas, NV 89118 Attn: David Pickett, Esq. With a copy to: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY Free Recording Requested per Government Code 27383. EASEMENT FOR HIGH-SPEED RAIL OVERPASS (8TH STREET) THIS EASEMENT FOR HIGH-SPEED RAIL OVERPASS (“Agreement”) is dated as of ____________ ___, 20__ and is entered into by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation (“City”), and DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability company d/b/a Brightline West and qualified to do business in California (“DXE”). City and DXE are sometimes hereinafter referred to individually as “Party” and collectively as the “Parties.” RECITALS A.DXE plans to construct a high-speed passenger rail system from Las Vegas, Nevada to Rancho Cucamonga, California (“HSR System”). One portion of this system will include an elevated track structure along a portion of 8th Street in the City of Rancho Cucamonga and requires an easement from the City in order to construct, operate, and maintain this elevated track structure. The location of the easement is described in Exhibit “A” (the “Easement Area”), and the elevated high-speed rail track structure and ground-level supporting facilities is described in Exhibit “B” (the “Improvements”). B.The City’s public purposes in entering into this Agreement include facilitating the development of transportation that will benefit the public, providing employment opportunities resulting from the work to be performed by DXE and the operation of a high-speed rail project, and obtaining fair market compensation for the easement interest granted herein (and such compensation shall become part of the general funds of the City and in turn used for public purposes). 1 Page 823 AGREEMENT 1.Grant of Easement; Consideration. City hereby grants to DXE a nonexclusive perpetual easement (“Easement”) in and through the Easement Area for the purpose of installing, maintaining, and operating the Improvements and operating passenger rail service thereon, subject to all applicable laws, it being understood that the non-vacated portion of 8th Street is a public street that will continue to be used by the public at the risk of DXE. The installation, maintenance, and operation of the Improvements shall be subordinate to any existing easements, covenants, conditions, restrictions, reservations, rights of way, liens, encumbrances, and other matters of record on or under 8th Street. As a condition precedent to DXE’s occupancy or use of the Easement Area, DXE will pay to City the one-time sum equal to the fair market price of the easement interest and rights described herein, as determined by an appraisal obtained by City. 2.AS-IS. DXE accepts the Easement Area in its current “AS-IS” condition, without representation or warranty, express or implied, and subject to all existing matters of record and all matters that would be revealed by a diligent inspection of the Easement Area. DXE also acknowledges that City makes no representations, express or implied, as to the physical condition of or title to the Easement Area. This Agreement does not constitute, nor grant permission to use or occupy property not belonging to, or under the control of City, and permission to use or occupy such property must be obtained from the owner or controller of such property, separate from and in addition to this Agreement. 3.Authorized Improvements; Street Closures. The rights of DXE to install, maintain, and operate the Improvements are subject to any applicable laws and permitting requirements and conditions (and the City does not waive any of its rights or powers in its governmental capacity in that regard to the extent applicable). City will review and approve all such Improvement plans in its proprietary capacity as property owner prior to construction of the Improvements only to ensure consistency and no material interference with the Public Improvements (as defined below) and not to review the HSR System. In addition, the location of any columns that support the elevated track structure within the Easement Area will be determined per plans approved in writing by the City Engineer after finding that the locations will not unreasonably impact the Public Improvements, including 8th Street and Rochester Avenue. Any and all street closures required for installation, maintenance, or repairs of the Improvements must be approved in advance in writing by the City Manager, and DXE shall pay or reimburse City within thirty (30) days after written demand for all costs incurred by City in connection with any such closures. 4.Standards for Rail Facilities. City acknowledges that standards promulgated by and decisions issued by the Federal Railroad Administration (“FRA”) and Surface Transportation Board (“STB”) govern the design, construction, operation, and maintenance of railroad facilities within their jurisdiction and that such regulations, standards, and decisions might as a matter of law preempt and supersede requirements that may otherwise apply under state or local laws. City acknowledges that it is not a regulatory agency under federal law or with respect to California utilities regulated by the California Public Utilities Commission, and the Parties agree that the City will have no liability for not inspecting rail facilities or operations on the Easement Area for purposes of enforcing compliance with laws and regulations within the jurisdiction of the STB, the FRA, or the California Public Utilities Commission. Notwithstanding this Section 4, City 2 Page 824 reserves all of its governmental rights and powers, and DXE acknowledges that City is entering into this Agreement solely in its proprietary capacity. 5.Repair of Damage. (a) Damage to Public Improvements. DXE shall promptly notify the City in writing if it becomes aware of any damage to 8th Street or Public Improvements (as defined below). Whether or not DXE notifies the City, if any damage is caused to 8th Street or Public Improvements directly or indirectly by DXE or its contractors, such repair work will be conducted by the City at DXE’s sole cost and expense, or if so authorized in writing by City, may be repaired by DXE at its sole cost and expense (whereupon DXE shall promptly coordinate with City on any necessary street closures, and promptly perform the repairs). (b)If City elects to perform repair work for which DXE has some or all responsibility, DXE shall reimburse City for its share of the reasonable costs of the repair work within thirty (30) days after delivery of a statement from City describing the costs, including a statement detailing such costs and expenses. In the event payment is not made within said thirty (30) day period, said payment shall include interest at a rate of ten percent (10%) per annum from the end of said thirty (30) day period until paid. 6.Encumbrance. DXE may, at any time and from time to time, encumber to any bank, insurance company or other institutional lender, herein called “Mortgagee,” by one or more deeds of trust (the “Security Instrument”), all of DXE’s interest under this Agreement and the interest created hereunder provided that (i) such Security Instrument is subject to the terms of this Agreement and all interests of the City hereunder, (ii) such Security Instrument shall not constitute in any way a lien or encumbrance on the City’s interests, and (iii) the Security Instrument shall not encumber any obligations that do not relate to the HSR System. No Mortgagee shall be liable to City as the successor to the rights and obligations of DXE under this Agreement unless and until such Mortgagee acquires the easement interest hereunder through foreclosure or other proceedings in the nature of foreclosure or as a result of an assignment in lieu of foreclosure or other assignment, action or remedy, nor shall a Mortgagee be liable for any defaults that occur after it conveys its interest in the property associated with the Easement hereunder. 7.Ownership of Improvements. All Improvements shall be owned by DXE during the duration of this Agreement, and upon the termination of this Agreement, shall become the sole property of City without compensation to DXE, or, if City so elects and upon written notice to DXE within ninety (90) days of termination, shall be demolished and removed by DXE from the Easement Area at DXE’s sole expense within twelve (12) months from the date of said notice (subject to extension for Force Majeure Events or by written agreement of the Parties), and the foregoing (and defense and indemnity obligations of DXE under this Agreement) shall survive the termination of this Agreement. Nothing herein affects City’s rights or remedies as a governmental entity, such as the right to cause DXE to abate a nuisance, and in connection therewith, remove Improvements (if City has such a right as a governmental entity under applicable law). For the avoidance of doubt, the City acknowledges and agrees that the construction and operation of the HSR System in accordance with this Agreement and applicable law is not a nuisance. 3 Page 825 8.Waiver and Release. DXE expressly waives, releases and relinquishes any and all claims, causes of action, rights and remedies DXE may now or hereafter have against City, and its officials, officers, employees, consultants, attorneys and agents (collectively, “City Entities”), whether known or unknown, arising prior to the date of this Agreement and relating to the condition of the Easement Area, or 8th Street or adjacent property, and all claims of contribution and reimbursement for costs of remediating Hazardous Materials (defined in Section 12 below) released or existing prior to the date of this Agreement in, on or near the Easement Area. DXE HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (“SECTION 1542”), WHICH IS SET FORTH BELOW: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BY INITIALING BELOW, DXE HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES: ___________ DXE’s Initials The waivers and releases by DXE contained herein shall survive the termination of this Agreement and shall be binding upon the assignees, transferees, and successors-in-interest of DXE. 9.Access. DXE acknowledges that 8th Street contains certain City-owned public facilities collectively and hereinafter referred to as “Public Improvements” as well as publicly and privately owned utilities, including storm drains, water, sewer, gas, electrical, cable television, fiber optics and other public and privately owned utilities and facilities. Except for access to the elevated high-speed rail track structure or associated facilities relating thereto (“Restricted Facilities”), which access is covered in the following sentence, the City and utility providers shall have access at any time to the Easement Area. Except in the event of an emergency, in which event telephonic notice as soon as practical is acceptable in lieu of five (5) business day advance written notice, if the City (1) desires to do any digging or trenching in the Easement Area, (2) desires to operate a crane in the Easement Area, or (3) desires access to the Restricted Facilities, the City shall notify DXE either in writing at least five (5) business days prior to such desired entry. In such event, DXE shall cooperate with the City to determine how to safely provide access to 8th Street for purposes of the work to be performed. DXE shall have the right, but not the obligation, to add appropriate signage to the Restricted Facilities, including, without limitation, signs prohibiting access and requiring advance notice and permission prior to entry. Under no 4 Page 826 circumstances shall the City be liable in damages to DXE, or to any assignee or Mortgagee, for City’s failure to provide advance notice of entry and DXE covenants on behalf of itself and its successors in interest not to sue for or claim damages against City as a result of City’s breach of the notice requirements in this Section 9. 10.Safety Protocols. DXE and the City will comply in good faith with all safety procedures and protocols mutually developed by the parties, as the same may be amended in writing from time to time. It is contemplated that such procedures and protocols will address both planned and emergency access needs for access by City and utility companies. Either party can at any time present draft safety procedures and protocols to the other party for its reasonable review and approval and the parties shall thereafter reasonably cooperate to finalize such procedures and protocols. 11.Utilities. As between DXE and the City, any required relocation of a utility that interferes with DXE’s project within the Easement Area is the sole responsibility of DXE. Upon written request by DXE, City will provide utility contact information known to City and make its right-of-way utility staff available (on a reimbursable basis) for meetings with third-party utility owners to help facilitate DXE’s property access and construction and maintenance activities. 12.Termination. In the event DXE fails to use the Easement Area for rail transportation purposes for a period of five (5) consecutive years (“Abandonment”), the City may, after thirty (30) days written notice to DXE, deem the easement abandoned and terminate this Agreement; provided, however, the City may not terminate this Agreement if DXE cures the Abandonment by using the Easement Area for rail transportation purposes during the thirty (30) day period after written notice by the City. Additionally, City may terminate this Agreement if DXE fails to comply with this Agreement and then fails to cure such default within thirty (30) days after written notice from City, and then continues to fail to cure such default within five (5) business day following a second written notice from the City sent after the initial 30-day period, with each such notice (i) sent via certified mail or another delivery method requiring a signature by the recipient and (ii) stating in all capital and bolded letters of at least 12 point font: “FAILURE TO CURE SHALL RESULT IN TERMINATION”; provided, however, the City may not terminate this Agreement if DXE commences to cure the default during the applicable cure period after written notice by the City and thereafter diligently prosecutes the cure to completion. (a)Right of Mortgagee to Cure Defaults. Each Mortgagee will have the same period, commencing upon written notice to each such Mortgagee of such default, to remedy or cause to be remedied the default complained of as DXE has hereunder to cure such default, plus an additional ninety (90) days in the case of any other default which is capable of being cured by the Mortgagee (and such ninety (90) day period will be extended for a reasonable period of time to gain possession of the interest of DXE under the Agreement through legal proceedings if necessary to cure such default provided the Mortgagee commences the proceedings within one hundred eighty (180) days after the initial written notice by the City and thereafter diligently prosecuting such proceedings) which period will be extended as necessary for a Mortgagee to obtain relief from any stay in a bankruptcy proceeding in which DXE is a debtor, provided the Mortgagee is diligently prosecuting such relief and has assumed the obligations of this Agreement in writing (and such written assumption shall have been delivered to City), and City will accept performance by such Mortgagee within the time specified herein as timely performance by DXE; 5 Page 827 provided, however, that (i) nothing contained herein will be deemed to impose upon any Mortgagee the obligation to perform any obligation of DXE under this Agreement or to remedy any default by DXE hereunder, and (ii) in the event that the Mortgagee or a third party succeeds to DXE’s interest under this Agreement pursuant to foreclosure of the Security Agreement, exercise of a power of sale thereunder or a deed in lieu thereof, City waives, as against the Mortgagee or such third party, any default by DXE that is not susceptible to cure by the Mortgagee. Any provision of this Agreement to the contrary notwithstanding, no performance by or on behalf of a Mortgagee will cause it to become a “mortgagee in possession” or otherwise cause it to be deemed to be in possession of the Property or bound by or liable under this Agreement, unless the Mortgagee is actually in possession of the Property. In addition, the parties agree that if there is more than one (1) Mortgagee (or collateral assignee), then all cure periods provided in this paragraph will run concurrently. Upon the full and timely performance by Mortgagee of the obligation or obligations the nonperformance of which was the subject of the notice of default given to Mortgagee pursuant to this Section, such default shall be deemed cured and shall no longer give rise to any rights and remedies of City; provided, however, that Mortgagee’s cure of any default under this Agreement by DXE shall not excuse or waive any future default under this Agreement by DXE or preclude or limit the exercise of any rights or remedies afforded City under this Agreement as a result of such future default. Notwithstanding any provision to the contrary contained elsewhere in this Agreement, City will not have the right to terminate this Agreement or re-enter the Property by reason of a default by DXE that is reasonably susceptible of cure by Mortgagee, during the period specified in this Section 12 in which a Mortgagee is entitled to cure a default by DXE. 13.Hazardous Materials. (a) DXE covenants that it will not handle or transport Hazardous Materials in the Easement Area except for removal, transportation and disposal in compliance with laws regarding excavated soils that are or may be contaminated with Hazardous Materials. As used in this Agreement, the term “Hazardous Materials” means: (a) any substance, products, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the above cited California state statutes are hereinafter collectively referred to as “the State Toxic Substances Law”); or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance, now or at any time hereinafter in effect; (b) any substance, 6 Page 828 product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (c) petroleum or crude oil, other than petroleum and petroleum products which are contained within regularly operated motor vehicles or passenger trains; and (d) asbestos. Notwithstanding the foregoing, DXE may handle and transport Hazardous Materials normally and customarily used in the development, construction and operation of railroad infrastructure, including passenger stations, that are used, stored, transported and disposed of in accordance with all applicable laws, building codes, regulations, ordinances, rules, directives, covenants, or restrictions of record. As an example only, train infrastructure typically entails refueling maintenance vehicles or using cleaning supplies for routine maintenance. (b)DXE further agrees that at City’s request it will furnish City with proof, satisfactory to City, that DXE is in compliance with all such laws, rules, regulations, orders, decisions and ordinances regarding Hazardous Materials. (c)Notwithstanding anything else contained in this Agreement, DXE shall indemnify, defend and hold harmless City from and against any and all claims, liabilities, losses, damages, costs and expenses arising from or relating to injuries to any person, including wrongful death, or damage to property, including without limitation, property of City and DXE, or otherwise (including without limitation reasonable attorneys’ fees, investigators’ fees, litigation expenses, and mitigation costs) resulting in whole or in part from DXE’s failure to comply with DXE’s obligations under this Agreement with respect to Hazardous Materials, provided, however, that the foregoing shall not apply to releases of Hazardous Materials by City Entities’ active negligence or willful misconduct or to Hazardous Materials not brought onto the Easement Area by DXE or its contractors. DXE agrees to reimburse City for all reasonable costs of any kind incurred as a result of the DXE’s failure to comply with this Section, including, but not limited to, judicial or administrative fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of DXE’s handling, transporting, or disposing of Hazardous Materials on, over, or across the Improvements and/or 8th Street or adjacent property. (d)City shall have the right at any time to inspect the Improvements, 8th Street and Public Improvements in order to monitor DXE’s compliance with this Agreement, subject to the provisions of Section 9 above. 14.Insurance. DXE shall obtain and maintain insurance, at its sole cost and expense, as required in Exhibit “C” attached hereto. 15.Indemnity. DXE shall defend, indemnify and hold City and its officials, officers, agents, employees and contractors free and harmless from and against any and all claims, demands, causes of action, costs, liabilities, expenses, losses, damages or injuries of any kind in law or equity, to persons or property, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of DXE, its partners, affiliates, agents officials, officers, employees or contractors in performance of this Agreement, use of the Easement Area or the construction, use, or operation of the Improvements or the failure to comply (or failure of its contractors to comply) with California Labor Code Section 1720 et seq., including without limitation Labor Code Section 1781. DXE shall further defend, indemnify and hold harmless the 7 Page 829 City and its officials, officers, agents and employees from all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings (brought against the City or its departments, commissions, agents, officers, officials, or employees to challenge, attack seek to modify, set aside, void or annul any City decision made in connection with this Agreement or DXE’s use of the Easement Area (based on noncompliance with the California Environmental Quality Act or otherwise). DXE shall defend, with counsel reasonably acceptable to City and at DXE’s sole expense, any and all aforesaid suits, actions or proceedings, legal or affirmative, that may be brought or instituted against City, its officials, officers, agents, employees or contractors. DXE shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, agents, employees or contractors. DXE shall reimburse such parties for any and all legal expenses and costs incurred by one or all of them in connection with this Agreement or the indemnity herein provided. DXE’s obligations hereunder shall survive termination or expiration of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City or its officials, officers, agents or, employees or contractors. 16.Covenant Running With Land. This Agreement shall be deemed a covenant running with the land with respect to the Easement Area, burdening the Easement Area and benefitting and appurtenant to the real property interests owned by DXE and associated with the HSR System. All of the covenants, obligations, and provisions of this Agreement shall be binding upon and inure to the benefit of successors, legal representatives, assigns and successors-in-interest to the Parties. Every person who now or hereafter owns or acquires any right, title, or interest in and to any portion of the Easement Area shall be conclusively deemed to have notice of this Agreement, whether or not reference to this Agreement is contained in the instrument by which such person acquires an interest in the Easement Area. Therefore, each and every contract, deed or other instrument hereinafter executed, covering or conveying the Easement Area or any portion thereof or interest therein shall conclusively be deemed to have been executed, delivered and accepted subject to this Agreement. 17.Estoppel Certificates. Each of the Parties hereto agree, promptly upon request from the other Party hereto, to furnish from time to time in writing certificates containing truthful estoppel information and/or confirmations of the agreements, obligations and easements contained in this Agreement and otherwise in a form and substance reasonably satisfactory to the Party from whom such certificate is sought. 18.Cooperation; Further Assurances. The Parties agree to execute any reasonable documents necessary to effectuate or protect a Party’s rights under this Agreement. 19.Attorneys’ Fees. In the event either Party brings a suit, action, or other proceeding against the other Party that in any way relates to or arises out of this Agreement, the prevailing Party (meaning the Party that obtains substantially the relief sought by it) shall be entitled to have and recover from the other Party all reasonable costs and expenses of the suit, action or proceeding, including attorneys’ fees, from the commencement of the suit, action or proceeding through the entry of judgment. The trial court shall determine which Party is the prevailing Party as well as the amount of attorneys’ fees and costs to be awarded immediately following the entry of judgment (and without awaiting any appeal) in a post-trial proceeding, such as is conducted when a cost bill is submitted. If an appeal is timely filed and if the awarding or amount of attorneys’ fees and costs is at issue in the appeal, then the appellate court (or the trial court, acting pursuant to an order of 8 Page 830 the appellate court) shall determine such issue, and the recoverable attorneys’ fees and costs shall include those incurred through the entry of final judgment following the appeal. 20.Miscellaneous. (a) Notices. 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: DXE:DesertXpress Enterprises, LLC 3920 W. Hacienda Ave. Las Vegas, NV 89118 Attn: General Counsel City:City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager Such notice shall be deemed made when delivered by certified mail, return receipt requested, first class postage prepaid, or by reputable overnight messenger delivery service, and addressed to the Party at its applicable address and shall be deemed delivered on the date of delivery or refusal to accept or inability to delivery shown on the return receipt, or one (1) business day after delivery to the messenger service for overnight delivery, as applicable. (b)Entire Understanding. This Agreement constitutes the entire understanding between the Parties, and supersedes all offers, negotiations, and other agreements concerning the subject matter contained herein. (c)Invalidity. If any provision of this Agreement is invalid or unenforceable with respect to any Party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (d)Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the successors of the respective Parties. Except as set forth in Section 6 above, this Agreement may not be assigned by either Party without the prior written consent of the other Party. (e)Governing Law. Except on subjects preempted by federal law, this Agreement will be governed by and construed in accordance with the laws of the State of California. Nothing herein is meant to be or will be interpreted to be a waiver of principles of legal preemption or preclusion that may apply to DXE because of its status as a common carrier regulated by the federal government. (f)Venue. Venue for any legal action between the Parties related to this Agreement will be in the Superior Court of San Bernardino County, California or the United States 9 Page 831 District Court, Central District Court of California. The judgment in any such action may be enforced by any court of competent jurisdiction wherever located. (g)Exhibits. All exhibits attached hereto form material parts of this Time of Essence. Time is of the essence of every provision hereof in which Survival. All defense, indemnity, and payment obligations of DXE that Agreement. (h) time is a factor. (i) arise or relate to events occurring prior to the termination of this Agreement shall survive such termination. 21.Property Taxes, Including Possessory Interest Taxes. This Agreement creates a possessory interest that may be subject to possessory interest tax (a type of California property tax), and DXE shall pay any such possessory interest taxes that may be assessed. If the Improvements are taxed as an improvement on the Easement Area, DXE shall, upon demand, pay such taxes allocable to the Improvement, as determined by the taxing authority. City shall cooperate and assist DXE, at no costs to City, in any efforts to obtain a separate assessment for the Improvements, including executing any reasonably required applications or reasonable documents. DXE shall pay when due all personal property taxes levied against or relating to the Improvements. 22.Encroachment Permit(s). DXE shall obtain encroachment permits from City, which City shall not unreasonably deny (upon written application at least forty-five (45) days in advance, but City shall endeavor to process such permits more quickly if possible), in areas outside of but adjacent to the Easement Area as needed for: (i) temporary construction staging; (ii) any public improvements thereon that will be affected (including closure of areas open to the public) or need to be altered or repaired as a result of work done by DXE; or (iii) or access for the foregoing purposes. DXE shall pay all related permit fees and reimburse City within ten (10) business days after written demand for costs of processing the applications. [Signature Page Follows] 10 Page 832 The Parties have executed this Agreement as of the date first written above. DXE:CITY: DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability company CITY OF RANCHO CUCAMONGA, a California municipal corporation By: _______________________________ Sarah Watterson _______________________________ By: ____________________, Mayor President ATTEST: ______________________________ _________________, City Clerk APPROVED AS TO FORM: Nicholas Ghirelli, City Attorney 11 Page 833 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ________________ ) ) On _________________________, before me, Notary Public, personally appeared , , (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 12 Page 834 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____________ ) ) On _________________________, before me, Notary Public, personally appeared , , (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 13 Page 835 EXHIBIT “A” DESCRIPTION OF EASEMENT AREA [SEE ATTACHED] A-1 Page 836 EXHIBIT ‘A’ Legal Description APN: 0209-272-11, 0229-262-35 & 0229-262-36 Those portions of Milliken Avenue and Parcel 1, as shown on Parcel Map No. 7555, in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 77, pages 42 and 43 of Parcel Maps, in the Office of the County Recorder of said County, together with that portion of Parcel 1 of Parcel Map No. 7797, in said City, filed in Book 80, pages 29 through 32, inclusive of Parcel Maps, in the Office of the County Recorder of said County, together with that portion lying within 8 th Street Right-of-Way, as shown on the Record of Survey filed in Book 118, pages 77 and 78, in the Office of the County Recorder of said County, together with a portion of the land in said City described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County, State of California, described as follows: Parcel “A” Commencing at the northeast corner of Section 13, Township 1 South, Range 7 West, San Bernardino Meridian, as shown on Parcel Map No. 14647 filed in Book 177, pages 90 through 96, inclusive, of Parcel Maps, in the Office of the County Recorder of said County, said point being on the westerly line of Section 18, Township 1 South, Range 6 West, San Bernardino Meridian, as shown on said Parcel Map No. 7555; Thence along the westerly line of said Section 18 South 00°29’50” East 3.79 feet to the Point of Beginning; Thence leaving said westerly line North 87°50’29” East 509.29 feet; Thence North 87°48’05” East 258.95 feet; Thence North 86°59’53” East 149.87 feet; Thence North 10°47’55” East 1.81 feet; Thence North 55°47’55” East 1.41 feet; Thence South 79°12’05” East 8.00 feet; Thence South 36°17’13” East 0.62 feet; PreliminaryPreliminary 03/14/2024 3:54:55 PM Page 1 of 5 04/19/2024 3:02:22 PM Page 837 Thence North 86°34’19” East 148.67 feet; Thence North 42°11'39" East 1.43 feet; Thence North 86°34’31” East 8.00 feet; Thence South 48°28’38” East 1.38 feet; Thence North 86°18’40” East 79.13 feet; Thence North 87°14’34” East 85.84 feet; Thence North 88°08’53” East 93.15 feet; Thence North 87°54’53” East 419.57 feet; Thence North 02°05’07” West 3.00 feet; Thence North 87°54'53" East 106.18 feet; Thence South 02°05'07" East 3.00 feet; Thence North 87°54'53" East 1,377.58 feet; Thence North 88°01'32" East 46.56 feet; Thence North 88°41'30" East 46.74 feet; Thence South 89°45'16" East 31.17 feet; Thence North 88°28'08" East 146.29 feet; Thence South 85°51'37" East 8.00 feet; Thence South 87°58'21" East 107.78 feet; Thence South 74°01'15" East 8.00 feet; Thence South 89°40'47” East 116.04 feet; PreliminaryPreliminary Page 2 of 5 040/ 139//12402/ 24 032:042:32 8:5P4M:59 PM Page 838 Thence South 44°38'23" East 6.21 feet to a point hereinafter referred to as Point “A”, said point being on the southerly line of the Railroad Right-of-Way as shown on said Record of Survey; Thence continuing South 44°38'23" East 21.59 feet; Thence South 87°56'20" East 76.88 feet to the easterly line of Rochester Road as shown on said Record of Survey; Thence along said easterly line South 00°09'46" West 53.26 feet; Thence leaving said easterly line North 88°01'57" West 77.71 feet; Thence North 87°41’11” West 22.86 feet; Thence North 84°42’33” West 129.75 feet; Thence North 80°18'23" West 107.04 feet; Thence North 85°57’27” West 23.10 feet; Thence North 86°57'43" West 47.82 feet; Thence North 88°21'24" West 48.91 feet; Thence South 87°51'40" West 44.94 feet; Thence South 87°52'16" West 15.79 feet; Thence South 87°54'53" West 2,029.24 feet; Thence South 86°56'35" West 23.54 feet; Thence South 86°33'18" West 33.69 feet; Thence South 79°10'13" West 53.07 feet; Thence South 79°13'27" West 89.48 feet to the northerly line of said Section 18; Thence South 79°13'27" West 24.46 feet; PreliminaryPreliminary Page 3 of 5 03/14/2024 3:55:02 PM04/19/2024 3:02:33 PM Page 839 Thence South 87°50'06" West 8.00 feet; Thence South 81°58'53" West 137.33 feet; Thence South 87°55'09" West 943.00 feet to the westerly line of said Section 18; Thence along said westerly line North 0°29'50" West 60.02 feet to a point hereinafter referred to as Point “B”, said point being on the southerly line of the Railroad Right-of- Way as shown on said Record of Survey; Thence continuing North 0°29'50" West 13.25’ to the Point of Beginning. Excepting therefrom that portion lying northerly of the following described line: Commencing at the above-described Point “A”; Thence South 87°55’10” West 3,762.19 feet to the above referenced Point “B. Excluding therefrom all that portion lying below a level plane 16.00 feet above the existing ground, except that portion occupied by viaduct columns at locations per plans approved by the City Engineer. Parcel contains 131,094 square feet, more or less. AND Parcel “B” Commencing at said northeast corner of said Section 13, Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map No. 14647; Thence along the easterly line of said Section 13 South 00°29’50” East 50.00 feet to the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I, said point also being the Point of Beginning; Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 12.83 feet; Thence leaving said northerly line South 00°00’00” West 28.43 feet; Preliminary Page 4 of 5 05/08/2024 2:34:04 PM Page 840 Thence North 87°55’10” East 13.09 feet to the easterly line of said Rancho Cucamonga Metrolink Station Phase I; Thence North 87°55’10” East 30.01 to the easterly line of said Section 13; Thence along said easterly line of Section 13 North 00°29’50” West 27.07 feet to said easterly prolongation and the Point of Beginning. Parcel contains 1,192 square feet, more or less. Excepting therefrom all that portion below a level plane 16.00 feet above the existing ground, except that portion occupied by viaduct columns at a location per plans approved by the City Engineer. The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibit ‘A-1’ attached hereto and made a part hereof. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: ______________________ Sean M. Smith, PLS 8233 Date: ____________________ Page 5 of 5 Page 841 Preliminary 03/14/2024 3:55:14 PM Preliminary 04/19/2024 3:02:44 PM 09/52/81/230/222 4 Page 842 PreliminaryPreliminary04/19/2024 3:02:49 PM03/14/2024 3:55:17 PM Page 843 PreliminaryPreliminary 04/19/2024 3:02:53 PM 03/14/2024 3:55:21 PM Page 844 PreliminaryPreliminary03/14/2024 3:55:24 PM 04/19/2024 3:02:57 PM Page 845 PreliminaryPreliminary03/14/2024 3:55:27 PM04/19/2024 3:03:01 PM Page 846 Preliminary 03/14/2024 3:55:31 PM Preliminary 04/19/2024 3:03:06 PM Page 847 EXHIBIT "B" DESCRIPTION OF IMPROVEMENTS The Improvements will consist of an elevated railroad viaduct and approximately twenty-one (21) associated support columns and ground-level supporting facilities, such as footings, stairs, utility lines, fencing, access pathways, and grounding mats, located in the Easement Area. -2- Page 848 EXHIBIT “C” Required Insurance (a)Prior to Construction. On or before DXE’s entry onto the Easement Area, DXE shall procure and maintain, at its sole cost and expense, the following insurance: (1) Commercial General Liability (CGL) with a limit not less than twenty-five million dollars ($25,000,000) per each occurrence and a general aggregate limit of not less than twenty-five million dollars ($25,000,000) providing coverage for bodily injury, property damage, and personal injury through any combination of primary and excess or umbrella liability insurance policies with limits restating annually. The CGL insurance must be written on an ISO occurrence form CG 00 01 04 13 or (with approval from City) substitute forms at least as broad as CG 00 01 04 13 coverage. All excess or umbrella policies must be "follow form" and afford no less coverage than the primary policy. Such CGL must provide coverage to the Indemnified Parties as additional insureds using ISO Additional Insured Endorsement CG 20 10. Coverage shall be provided to the Indemnified Parties for claims proximately caused by reason of the uses authorized by this Agreement and the location and placement of improvements within the Easement Area, unless caused by an Indemnified Party's gross negligence or willful misconduct. (b)Insurance During Construction. Prior to commencing physical construction within the Easement Area, DXE shall procure or cause to be procured and maintained throughout construction the following insurance coverage: (1)Liability Insurance. Commercial General Liability (CGL) with a limit not less than three hundred million dollars $300,000,000 each occurrence, three hundred million dollars ($300,000,000) products and completed operations aggregate, and a general aggregate limit of not less than three hundred million dollars ($300,000,000) providing coverage for bodily injury, property damage, and personal injury through any combination of primary and excess or umbrella liability insurance policies with one reinstatement general aggregate limit for the period of the policy(ies) term. Such policies must be project-specific with dedicated limits to the Project. The CGL insurance must be written on an ISO occurrence form CG 00 01 04 13 or (with approval from City) substitute forms providing equivalent coverage. All excess or umbrella policies must be "follow form" and afford no less coverage than the primary policy. Such CGL must cover the Indemnified Parties as additional insureds using ISO Additional Insured Endorsement CG 20 26 or 20 10 and accompanied by 20 37 or equivalent forms with approval from City providing coverage to the additional insured for completed operation losses. Coverage must be provided to the Indemnified Parties for claims proximately caused by reason of the uses authorized by this Agreement, unless caused by an Indemnified Party’s gross negligence or willful misconduct. The policy or policies shall be endorsed to remove exclusions pertaining to any railroads. There must not be any endorsement or modification of the CGL limiting the scope of coverage for liability assumed under an insured contract. Completed operations coverage must extend for as long as there is any exposure to liability under a statute of repose or any other applicable statute of limitations. If completed operations coverage through the end of statutory exposure is not commercially available, completed operations coverage must extend for at least ten (10) years -1- Page 849 from the completion date of the Project. All excess or umbrella policies must contain a drop-down clause in the event of exhaustion of primary limits and provide coverage for primary CGL. (2)Commercial Automobile Insurance. During all phases of the Project, DXE shall provide evidence of commercial business auto coverage written on ISO form CA 00 01 10 01 (or, with approval from City, substitute form providing equivalent liability coverage) with a limit not less than one million dollars ($1,000,000) for each accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non-owned autos). The policy must contain an endorsement for coverage to operations in connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). During all phases of the Project, DXE shall require its general contractor to provide (and shall ensure that its general contractor does provide) evidence of commercial business auto coverage written on ISO form CA 00 01 10 01 (or, with approval from City, substitute form providing equivalent liability coverage) with a limit not less than twenty-five million dollars ($25,000,000) for each accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non-owned autos) and can be satisfied by a combination of primary and excess and/or umbrella policies. The policy(ies) must contain an endorsement for coverage to operations in connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). All excess or umbrella policies shall contain a drop-down clause in the event of exhaustion of primary limits and provide coverage for primary auto liability. (3)Workers' Compensation and Employers Liability Insurance. During all phases of the Project, DXE shall provide evidence of Workers' Compensation insurance as required under California statute including coverage for Employer's Liability with limits of at least one million dollars ($1,000,000) each accident, one million dollars ($1,000,000) each employee by disease, and a policy limit of one million dollars ($1,000,000) by disease. The excess liability policy must include employer's liability coverage limits to at least twenty-five million dollars ($25,000,000) and can be satisfied by a combination of primary and excess and/or umbrella policies. The workers' compensation policies must provide the following: a. A waiver of subrogation in favor of City and the Indemnified Parties; b. A provision extending coverage to all states' operations; c. A voluntary compensation endorsement; d. An alternative employer endorsement, if applicable to DXE operations; e. Coverage for liability under the United States Longshore and Harbor Workers' Compensation Act on an "if any" basis or as otherwise appropriate; -2- Page 850 f. Coverage for liability under Title 46 of the U.S.C. § 688 ("Jones Act") on an "if any" basis or as otherwise appropriate; and g. An endorsement extending the policy to cover the liability of the insureds under the Federal Employer's Liability Act on an "if any" basis or as otherwise appropriate. (4)Professional Liability Insurance. During all phases of the Project, DXE shall provide evidence of professional liability insurance, including prior acts coverage sufficient to cover all claims arising out of any professional services, including without limitation engineering, architectural, or land surveying work required in constructing the Project on the Easement Area, procured, and maintained by those third parties performing such work for or on behalf of DXE. For the lead design contractor for the improvements in privity with DXE, the coverage must not be less than ten million dollars ($10,000,000) per claim and in the aggregate. For environmental assessments, land surveying work and any other site work, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For architectural, geotechnical engineers, and electrical engineers, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For structural engineers and civil engineers relating to the Project, the coverage must not be less than five million dollars ($5,000,000) per claim and in the aggregate. DXE shall also require any member of its design build team, any subconsultant, or any subcontractor performing professional design services for any portion of the Project, to obtain and maintain (and shall ensure that they do obtain and maintain) professional liability insurance providing the same coverage, with limits of at least one million dollars ($1,000,000) per claim and in the aggregate. DXE shall procure and maintain a project specific Owner's Protective Professional Indemnity (OPPI) policy that provides coverage with limits of at least twenty-five million dollars ($25,000,000) per claim and in the aggregate for claims arising out of the liability of design and construction professionals. Such coverage must include coverage for claims filed directly against DXE by third-parties alleging negligence (arising from professional services of design firms). No self-insured retention for DXE or any lead design entity is permitted to exceed five hundred thousand dollars ($500,000), unless commercially unavailable and without prior written approval from City, in its good faith discretion. Coverage must apply specifically to professional activities performed or contracted by DXE in support of the Project. The policy(ies) must have a retroactive date consistent with the inception of the first date of design or project or construction management activities, and no later than the date on which any contract or subcontract was issued. DXE agrees to maintain or to require its design professionals, subconsultants, or design-build subcontractors to maintain (and shall ensure that they do maintain), as appropriate, this required coverage for a period of no less than three years after the commencement of revenue service or to purchase an extended reporting period for no less than three years after the commencement of revenue service. If the contractor is working with a separate lead design entity, contractor must (and DXE shall ensure that contractor does) require the lead design entity to agree to maintain this coverage for a period of no less than three (3) years after the commencement of revenue service or to purchase an extended reporting period for no less than three (3) years after the commencement of revenue service. -3- Page 851 (5)Contractor's Pollution Liability. DXE shall procure or cause to be procured contractor’s pollution liability ("CPL") coverage throughout the period of construction. Coverage must be provided by a stand-alone policy with Project dedicated limits of no less than twenty-five million dollars ($25,000,000) per occurrence and twenty-five million dollars ($25,000,000) in the aggregate per policy period dedicated to the Project. Coverage must be written on an occurrence basis and extended for a minimum ten (10) year period with a separate limit available exclusively to the Project. The CPL policy must include coverage for investigation, removal, and remediation costs including monitoring or disposal of contaminated soil, surface water, groundwater or other media to the extent required by environmental laws caused by pollution conditions resulting from or exacerbated by covered operations; third-party bodily injury and property damage, provided that the third-party property damage liability coverage includes loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by or from conditions exacerbated by covered operations. The policy must have no exclusions or limitations for loss occurring over water including but not limited to a navigable waterway or for lead or asbestos. Coverage as required in this Section shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL policy must also provide coverage for losses due to loading, unloading or transportation and liability imposed by off-site disposal of materials at a third-party disposal site including testing, monitoring, measuring operations or laboratory analysis and remediation. If the scope of work includes the disposal of any hazardous or non-hazardous materials from the job site, DXE shall furnish City evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of five million dollars ($5,000,000) per loss and an annual aggregate of five million dollars ($5,000,000). (6)Railroad Protective Liability. DXE shall provide, or cause to be maintained, any coverage as may be required by any railroad as a condition of the railroad's consent for entry onto railroad facilities or property. Such policy shall be effective during the period any construction is being performed within 50 feet of any railroad ROW. Coverage shall be written on Insurance Services Office occurrence Form CG 00 35 (or, with approval from City, substitute form providing equivalent coverage) on behalf of any railroad as a named Insured, with a limit specified by any railroad. 20.2.1.7. Aircraft Liability. If applicable, DXE shall procure, or cause to be procured and maintained, aircraft liability insurance with a limit of not less than ten million dollars ($10,000,000) per occurrence in all cases where any aircraft is used on the Project that is owned, leased or chartered by any contractor-related entity or its subcontractors of any tier, protecting against claims for damages resulting from such use. Any aircraft intended for use in performance of the work, the aircraft crew, flight path and altitude, including landing of any aircraft on the Project or on any property owned, rented or leased by City or any of the Indemnified Parties is subject to review and written acceptance by City prior to occurrence of any such usage. If any aircraft are leased or chartered with crew and/or pilot, evidence of non-owned aircraft liability insurance is acceptable in lieu of the coverage listed above but must be provided prior to use of the aircraft. -4- Page 852 (7)Builder's Risk Insurance. DXE shall, upon commencement of construction and with approval of City, obtain and maintain a policy of builder's risk insurance for the Project. Coverage shall be written on an "all risk" basis and provided through a stand-alone policy dedicated solely to the Project. The insureds must include the contractor, all subcontractors (excluding those solely responsible for design work) of any tier, suppliers, and SBCTA, and City. Coverage must include property owned by City and the Indemnified Parties that is part of the Project and must not be limited by use of the phrase "as their interests may appear." The policy must cover all property, roads, buildings, bridge structures, other structures, fixtures, materials, supplies, foundations, pilings, machinery and equipment (excluding contractor's equipment) that are part of or related to the portions or elements of the Project, and the works of improvement, including permanent and temporary works and on-site materials, and including goods intended for incorporation into the works located at the Easement Area, in storage or in the course of transit to the Easement Area and all improvements that are within the Easement Area. The builder's risk policy must include coverage for: a. Any ensuing loss from faulty workmanship or nonconforming work, including L.E.G. 3 wording; b. Machinery accidents and operational testing involving equipment covered by the policy; c. Removal of debris, with a sublimit of twenty-five percent (25%) of the loss subject to a limit of twenty-five million dollars ($25,000,000) and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; d. Transit, including ocean marine coverage (unless insured by the supplier or through a separate marine cargo policy), with sub-limits sufficient to insure the full replacement value of any key equipment item; e. Replacement value of any property or equipment stored either on or off the Easement Area; f. Coverage limits sufficient to insure for the following perils subject to applicable sub-limits for these perils based on the probable maximum loss of the insured property: • Collapse; • Terrorism; • Earthquake; • Flood; g. Plans, blueprints and specifications; and h. Demolition and increased cost of construction as required by law or -5- Page 853 ordinance subject to applicable sub-limits. There must be no coinsurance penalty provision in any such policy. All deductibles or self- insured retentions must be the sole responsibility of DXE. The policy must provide a "severability of interests provision," "multiple insured's clause" or similar wording that the policy is to apply to each insured as if a separate policy had been issued to each insured except as to limits. DXE shall also require the general contractor and its subcontractors to procure and maintain (and shall ensure that they do procure and maintain) coverage for tools and equipment owned, leased or used by the general contractor or subcontractors in the performance of their work under this contract. Upon completion of construction of the Project and prior to commencing operations of the Project within the Easement Area, DXE shall provide evidence of "all risk" property insurance covering the Project/Improvements, with coverage sufficient to cover the probable maximum loss of such improvements and alterations made by DXE pursuant to the terms hereof, which must include "all risk" coverage using the ISO Causes of Loss - Special Form or (with approval from City) its equivalent, as well as flood insurance, subject to applicable sub-limits for natural hazard exposures based on the probable maximum loss of such improvements. (c)Insurance During Operations. Upon the commencement of revenue service operations, DXE shall procure and maintain, at its sole cost and expense, Commercial General Liability (CGL) with a limit not less for personal injury, death, and property damage in an amount not less than three hundred twenty-three million dollars ($323,000,000), or such other limit of liability as Congress may establish from time to time applicable to DXE's passenger rail operations. Such policy or policies must provide coverage to all Indemnified Parties as additional insureds. All excess or umbrella policies must be "follow form" and afford no less coverage than the primary policy and the policies up to three hundred twenty-three million dollars $323,000,000 must include one reinstatement limit for the period of the policy(ies) term. (d)Self Insurance. The policy or policies under which coverage required by this Agreement is provided may include a deductible or self-insured retention not in cumulative excess of ten million dollars ($10,000,000) on the condition that: (1) Each insurance policy expressly provides that the obligations of the policy issuer to City as an additional insured are not to be diminished in any way by DXE’s failure to pay its deductible or self-insured retention obligation for any reason; (2) DXE provides a declaration under penalty of perjury by a Certified Public Accountant (CPA) acceptable to City and who shall apply a Fiduciary Standard of Care, certifying the accountant has applied Generally Accepted Accounting Principles (GAAP) guidelines confirming that DXE has sufficient funds and resources to cover any self-insured retentions if the cumulative self-insured retentions from all required insured policies are in excess of one million dollars ($1,000,000); and -6- Page 854 (3) DXE promptly pays any and all amounts due under such deductible or self-insured retention in lieu of insurance proceeds that would have been payable if the insurance policies had not included a deductible or self-insured retention amount. (e)Definition of “Self Insurance”. As used in this Agreement, “self insurance” means that DXE is itself acting as if it were the insurance company providing the insurance required under the provisions of this Agreement. (f)Evidence of Insurance. In accordance with the insurance requirements above, DXE shall furnish evidence of insurance reasonably acceptable to City before DXE enters the Easement Area, before commencing physical construction of the Project within the Easement Area, and before the beginning of operations, as applicable. DXE shall provide City with satisfactory evidence of renewal or replacement insurance no later than thirty (30) days after the expiration or termination of such insurance. DXE shall submit full copies of the commercial general liability policy, excess/umbrella liability policy, builder's risk policy, and the project- specific professional liability policy or binders with full specimen copies of the forms for each policy until such time as full copies of the policies are available. This requirement applies prior to DXE starting work on the Project, including all subsequent renewal policies. Certificates of insurance are required for all other lines of insurance. If, through no fault of DXE, any of the coverage required becomes unavailable, DXE shall provide good faith alternative insurance packages and programs, subject to prior approval by City, with the goal of reaching agreement on a package providing coverage equivalent to that specified herein. (g)Additional Insured Coverage. All policies, except those for Workers’ Compensation and Professional Liability insurance, must be endorsed by ISO Form CG 20 10 11 85, or if not available, then ISO Form CG 20 38, to name the Indemnified Parties as additional insureds. With respect to general liability arising out of or connected with work or operations performed by or on behalf of DXE under this Agreement, coverage for such additional insureds must not extend to liability to the extent prohibited by section 11580.04 of the Insurance Code. The additional insured endorsements must not limit the scope of coverage for City to vicarious liability but shall allow coverage for City to the full extent provided by the policy. (h)Waiver of Subrogation Rights. To the fullest extent permitted by law, DXE hereby waives all rights of recovery under subrogation against the additional insureds named herein, and any other tenant, contractor, subcontractor or sub-subcontractor performing work or rendering services on behalf of City, in connection with the planning, development and construction of the Project. To the fullest extent permitted by law, DXE shall require similar written express waivers and insurance clauses from each of its subcontractors of every tier. DXE shall require all of the policies and coverages required in this Section to waive all rights of subrogation against the additional insureds (ISO Form CG 24 04 05 09). Such insurance and coverages provided must not prohibit DXE from waiving the right of subrogation prior to a loss or claim. (i)Eligible Insurers. If policies are written by insurance carriers authorized and admitted to do business in the state of California, then the insurance carriers must have a current A.M. Best rating of A-VIII or better and if policies are written by insurance carriers -7- Page 855 that are non-admitted but authorized to conduct business in the state of California, then they must meet the current A.M. Best rating of A-:X or better, unless otherwise approved in writing by City. DXE shall furnish to City, not less than fifteen (15) days before the date the insurance is first required to be carried by DXE, and thereafter before the expiration of each policy, true and correct certificates of insurance, using the appropriate ACORD form of certificate or its equivalent, evidencing the coverages required under this Section, with a copy of each policy, if requested by City. Such certificates must provide that should any policies described therein be cancelled before the expiration date thereof, notice is to be delivered to the certificate holder by the insurer in accordance with the policy provisions regarding same. Further, DXE agrees that the insurance coverage required hereunder is not to be terminated or modified in any material way without thirty (30) days advance written notice from DXE to City. (j)Cure. If DXE fails to procure and maintain insurance required under this Agreement or fails to meet its obligations with respect to any deductible or self-insured retention amount under this Agreement, subject to the provisions herein, City is entitled, after thirty (30) days prior written notice to DXE of DXE’s default hereunder and DXE's failure to cure such default within said thirty (30) days, ten (10) days for non-payment, to require DXE to immediately discontinue all construction activities related to the Project and immediately discontinue operation of the Project until DXE has provided City reasonably satisfactory evidence that the required insurance has been obtained and the other obligations of DXE under this Section have been met. No cessation of construction or operations required by City under this Section releases or relieves DXE of any of its other obligations under this Agreement. -8- Page 856 EXHIBIT "F" EASEMENT FOR AERIAL PLATFORM [See Attached] EXHIBIT "F" -1-4885-9088-6533.10 378683.00002 Page 857 RECORDING REQUEST BY, AND WHEN RECORDED RETURN TO: DesertXpress Enterprises, LLC 8329 W. Sunset Road, Suite 150 Las Vegas, NV 89113 Attn: David Pickett, Esq. With a copy to: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager San Bernardino County Transportation Authority 1170 W. Third Street, 2nd Floor San Bernardino, CA 92410 Attn: Director of Transit and Rail SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY Free Recording Requested per Government Code 27383. EASEMENT FOR AERIAL PLATFORM (Brightline West Platform) THIS EASEMENT FOR AERIAL PLATFORM (“Agreement”) is dated as of _________________ 20__ (“Effective Date”) and is entered into by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation (“City”) and SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a California municipal corporation (“SBCTA”) (City and SBCTA, collectively, “Grantor”), and DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability company d/b/a Brightline West and qualified to do business in California (“Grantee”). City, SBCTA and Grantee are sometimes hereinafter referred to individually as “Party” and collectively as the “Parties.” Decisions of Grantor under this Agreement shall require the joint consent or approval of both SBCTA and City, with the manner of providing such consent or approval determined by each agency. RECITALS A.Grantee plans to construct a high-speed passenger rail system from Las Vegas, Nevada to Rancho Cucamonga, California (“HSR System”). One portion of this system will include an elevated track and passenger platform structure within a portion of property jointly owned by SBCTA and the City that is improved with parking and transit improvements, said property being more particularly described on Exhibit A attached hereto and made a part hereof (“Grantor’s Property”). 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf 1 Page 858 B.Grantee desires that it be granted an aerial easement for the elevated track and platform structure for passenger rail (the “Elevated Structure”) over the portion of the Grantor’s Property legally described and depicted in Exhibit B attached hereto and made a part hereof (the “Aerial Easement Area”), and a surface and subsurface easement for ground-level supporting facilities within, through and across only those portions of the Ground Easement Area expressly and specifically designated on plans approved in advance and in writing by the Public Agencies which plans Grantee must ensure specifically show such ground-level supporting facilities, as necessary to support the Elevated Structure and the HSR System, such as columns, footings, stairs, utility lines, grounding mats, fencing, access pathways, and sheer walls (seismic) supporting the Elevated Structure (collectively, the “Supporting Facilities” and, together with the Elevated Structure, the “Improvements”) on, over, under, through, above and across the portions of the Grantor’s Property below the Aerial Easement Area as necessary to support the Improvements (collectively, the “Ground Easement Area”, and with the Aerial Easement Area, hereinafter collectively referred to as the “Easement Area”). The Improvements must be designed and constructed by Grantee to continue to allow equipment to pass under and between such Improvements as necessary for the Public Agencies to access and maintain, in a commercially reasonable manner, the adjacent Metrolink tracks; provided, however, the Public Agencies must exercise commercially reasonable care to avoid contact with any of the Improvements during the movement of any such equipment. C.Grantor’s public purposes in entering into this Agreement include facilitating the development of transportation that will benefit the public, providing employment opportunities resulting from the work to be performed by Grantee and the operation of a high-speed rail project, and obtaining fair market compensation for the easement interest granted herein (and such compensation shall become part of the general funds of the City, in part, and SBCTA, in part, and in turn used for public purposes). D.Any elevation described in this Agreement is given in [NAVD 88] datum. AGREEMENT 1.Grant of Easement; Term; Consideration. (a)Exclusive Easement for Improvements. Subject to the terms and conditions of this Agreement, Grantor does hereby grant, bargain, sell and convey to Grantee, its successors and assigns, the following: (i) an exclusive, permanent aerial easement for the purpose of constructing, installing, inspecting, maintaining, repairing, replacing, removing, using and operating the Elevated Structure over the portion of the Grantor’s Property within the Aerial Easement Area (the “Aerial Easement”); and (ii) a permanent exclusive easement on, over, under, above, through and across the Ground Easement Area for the purpose of constructing, installing, inspecting, maintaining, repairing, replacing, and removing the Supporting Facilities supporting the Elevated Structure (collectively, the “Ground Easement”, and with the Aerial Easement, hereinafter collectively referred to as the “Easements”). (b)Non-Exclusive Access Easement. In addition, the Grantor hereby grants to Grantee, its contractors, subcontractors, agents, employees, lessees, licensees, successors and assigns, a permanent and non-exclusive easement for vehicular and pedestrian ingress, egress and 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf 2 Page 859 access on, over, across and upon the Grantor’s Property, as the same may be developed and redeveloped from time to time provided that in all events access to the Easement Area is provided, as reasonably necessary for the purpose of performing such inspection and minor maintenance and repair of the Improvements. For purposes of this Section 1(b), minor maintenance and repair of Improvements involves any maintenance and repair work that does not require the closure of any parking spaces or materially impact Grantor’s access through Grantor’s Property. (c)Access for Construction and Installation. Any access to Grantor’s Property for the initial construction and installation of the Improvements within the Easement Area shall be pursuant to the temporary construction easement provided for in the Disposition and Development Agreement between Grantor and Grantee and dated October 5, 2022 (“DDA”). Any additional construction or installations shall be covered by Section 1(e) below and shall require the consent of Grantor. Grantee acknowledges and agrees that it is not permitted to construct or install any improvements outside the Easement Area. (d)Access for Major Maintenance and Repair. Except for minor maintenance and repair covered by Section 1(b) above or in the event of an emergency, in which event telephonic notice as soon as practical is acceptable in lieu of advance written approval, any access to Grantor’s Property for maintenance and repair shall require the prior written approval of Grantor, not to be unreasonably withheld, conditioned or delayed, and which request shall be reviewed and granted or denied within ten (10) business days of the written request. Grantee shall tailor its request for access to avoid interference with Grantor’s rights to or use of Grantor’s Property where possible or minimize interference to the extent avoidance is not possible. Any such access shall be consistent with the safety protocols described in Section 12 and shall at all times maintain at least one reasonably convenient ADA compliant path of pedestrian travel to all public transit and rail services located on or adjacent to Grantor’s Property and furthermore, any such access shall maintain no less than the minimum number of ADA accessible parking stalls pursuant to statutory requirements. (e)Access for Replacement and Removal. Any access to Grantor’s Property for construction, installation, replacement or removal of the Improvements after initial construction and installation under Section 1(b) above shall require an encroachment agreement or other temporary construction easement from Grantor, not to be unreasonably withheld, conditioned, or delayed. (f)Adjustments to Easement Area. Construction of the Improvements must be within the boundaries of the Easement Area, however, the Parties acknowledge that final design and construction of the Elevated Structure and Supporting Facilities may require a non-material adjustment of the description of the Easement Area; provided, however, the location of the Supporting Facilities shall be designed to maximize Grantor’s ability to use the surface area below the Aerial Easement Area for parking, pedestrian access, and any legally permitted purposes that does not materially interfere with the Easements granted herein; the plans for the Supporting Facilities shall be subject to Grantor’s approval. Upon completion of the construction of the Elevated Structure and Supporting Facilities, Grantee shall provide an accurate as-built survey to Grantor and detailed as necessary for Grantee to produce a revised legal description acceptable to Grantor, and Grantor and Grantee agree to amend this Agreement (which amendment shall be recorded) to replace and refine (but not materially enlarge) the descriptions of the applicable 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf 3 Page 860 Easement Area attached to this Agreement with the descriptions for the same as set forth in the as- built survey by mutually executing and recording such amendment in the Official Records of the County of San Bernardino. In connection with the foregoing, the Parties acknowledge and Grantee agrees that the area below the Aerial Easement Area, excluding the Ground Easement Area, is retained by the Grantor and may continue to be used by the public for transportation and related purposes as well as supporting and ancillary purposes and uses (which may include without limitation parking) or any other valid legal use, provided such other use does not unreasonably interfere with Grantee’s use of the Ground Easement Area for the purposes set forth in this Agreement. 2.Compensation. As a condition precedent to Grantee’s occupancy or use of the Easement Area, Grantee will pay to Grantor the one-time sum equal to the fair market value of the easement interest and rights described herein, as determined by an appraisal obtained by Grantor, with one half of such sum payable directly to SBCTA and the other half payable directly to City. 3.AS-IS. Grantee accepts the condition of the Grantor’s Property, including without limitation the Easement Area, in its current “AS-IS,” “WHERE IS” and “WITH ALL FAULTS” condition, without representation or warranty, express or implied, and subject to all existing matters of record and all matters that would be revealed by a diligent inspection of the Easement Area. Grantee agrees that its rights and remedies under this Agreement, including the Easement as well as its rights and interests in the Easement Area, including with respect to the installation, maintenance, and operation of the Improvements, are subject and subordinate to any (and all) existing easement(s), covenant(s), condition(s), restriction(s), reservations, rights of way, liens, encumbrances, and other matters of record on, under, affecting or relating to the Easement Area. Grantee also acknowledges that Grantor makes no representations, express or implied, as to the legal compliance, including compliance with laws governing Hazardous Materials (defined below) and other environmental laws, the physical condition, including the environmental condition, of or title to the Easement Area. This Agreement does not constitute, nor grant permission to use or occupy property, including property rights or interests, not belonging to, in the possession of or under the control of Grantor, and permission to use or occupy such property must be obtained from every owner, holder, user, possessor and controller of such property, separate from and in addition to this Agreement. 4.Authorized Improvements. The rights of Grantee to install, maintain, and operate the Improvements are subject to the terms of this Agreement, including Grantor’s right to review and approve any and all Improvement plan(s), in its proprietary capacity as outlined below, as well as any applicable laws and license, permitting and approval requirements and conditions (and Grantor does not waive or release, and shall continue to have, any and all of its right(s) or power(s) in its governmental capacity in that regard to the extent applicable). In addition, any review and/or approval of any or all of such Improvement plan(s) by Grantor in its proprietary capacity as property owner prior to construction of the Improvements (i) shall not be deemed to be a review of any plans, drawings or specifications from an engineering or technical standpoint, (ii) may not be relied upon by Grantee (other than for the purpose of indicating that such review and approval occurred) and (iii) does not release, relieve or waive any obligation, liability or duty of Grantee or any right or remedy of Grantor (other than relating to whether the review and/or approval, as applicable, has occurred). 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf 4 Page 861 5.Standards for Rail Facilities. Grantor acknowledges that standards promulgated by and decisions issued by the Federal Railroad Administration (“FRA”) and Surface Transportation Board (“STB”) govern the design, construction, operation, and maintenance of railroad facilities within their jurisdiction and that such regulations, standards, and decisions might as a matter of law preempt and supersede requirements that may otherwise apply under state or local laws. Grantor acknowledges that it is not a regulatory agency under federal law or with respect to California utilities regulated by the California Public Utilities Commission, and the Parties agree that Grantor will have no liability for not inspecting or any failure to inspect rail facilities or operations on the Easement Area for purposes of enforcing compliance with laws and regulations within the jurisdiction of the STB, the FRA, or the California Public Utilities Commission. Notwithstanding this Section 5, Grantor reserves and does not waive or release any (or all) of its governmental right(s) and power(s), and Grantee acknowledges that Grantor is entering into this Agreement solely in its proprietary capacity. 6.Repair of Damage. (a) Damage to Public Improvements. Grantee shall promptly notify Grantor in writing if it becomes aware of any damage to or destruction of Public Improvements (as defined below). Whether or not Grantee notifies Grantor, if any damage is caused to Public Improvements directly or indirectly by Grantee (including, without limitation, Grantee’s officers, directors, agents, representatives, employees, partners, managers, contractors, or subcontractors (collectively “Grantee Parties”)) such repair work may be conducted by Grantor at Grantee’s sole cost and expense or, if so authorized in writing by Grantor, may be repaired by Grantee at Grantee’s sole cost and expense (whereupon Grantee shall promptly coordinate with Grantor on any necessary closures, and promptly perform the repairs). Grantee acknowledges and agrees that the foregoing terms of this Agreement, including their operation, will not waive, relieve or release Grantee from liability for damage or destruction, including any claim, demand, loss, liability, damage, cost or expense, including attorneys’ fees, incurred or suffered by Grantor or others, including damage to any property or injury to, including death of, any person, arising out of, resulting from or related to such damage or destruction caused directly or indirectly by Grantee or the Grantee Parties. (b)If Grantor elects to perform repair work for which Grantee has some or all responsibility, Grantee shall reimburse Grantor for its share of the reasonable costs of the repair work within thirty (30) days after delivery of a statement from Grantor describing the costs, including a statement detailing such costs and expenses. In the event payment in full is not made within said thirty (30) day period, the outstanding balance shall accrue interest at the maximum legal rate or a rate of twelve percent (12%) per annum, whichever is less, compounding monthly from the end of said thirty (30) day period until paid to cover administrative and other costs and expenses. 7.Encumbrance. Grantee may, at any time and from time to time, encumber to any bank, insurance company or other institutional lender, herein called “Mortgagee,” by one or more deeds of trust (the “Security Instrument”), all of Grantee’s easement interest under this Agreement, provided that (i) such Security Instrument is subject and subordinate to this Agreement and all other interests of the Grantor hereunder, (ii) such Security Instrument shall not constitute in any way a lien or encumbrance on Grantor’s rights or interests, and (iii) the Security Instrument shall not encumber any obligations that do not relate to the HSR System. No Mortgagee shall be 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf 5 Page 862 liable to Grantor as the successor to the rights and obligations of Grantee under this Agreement unless and until such Mortgagee acquires the easement interest hereunder through foreclosure or other proceedings in the nature of foreclosure or as a result of an assignment in lieu of foreclosure or other assignment, action or remedy, nor shall a Mortgagee be liable for any defaults that occur after it conveys the easement interest hereunder. 8.Ownership of Improvements. The Improvements shall be owned by Grantee during the duration of this Agreement. Upon the termination of this Agreement by Grantor pursuant to (and subject to) Section 14, or otherwise by Grantee, the Improvements shall become the sole property of Grantor without compensation to Grantee or any Mortgagee, or, if Grantor so elects and upon written notice to Grantee within ninety (90) days of termination, shall be demolished and removed by Grantee from the Easement Area at Grantee’s sole expense within twelve (12) months from the date of said notice (subject to extension for Force Majeure Events or by written agreement of the Parties), and the foregoing (and defense and indemnity obligations of Grantee under this Agreement) shall survive the termination of this Agreement. Nothing herein affects Grantor’s rights or remedies as a governmental entity, such as the right to cause Grantee to abate a nuisance, and in connection therewith, remove Improvements (if Grantor has such a right as a governmental entity under applicable law). Except as expressly limited by the terms of this Agreement, including, but not limited to, Section 14 of this Agreement, in the event of a breach, default or failure of performance by Grantee, Grantor shall have such rights and remedies as are provided under applicable law or in equity, including the right or remedy of declaratory relief, specific performance, injunction and restitution. For the avoidance of doubt, Grantor acknowledges and agrees that the construction and operation of the HSR System in accordance with this Agreement and applicable law and in a commercially reasonable manner is not a nuisance. 9.Waiver and Release. Grantee expressly waives, releases and relinquishes (a) any and all claims, causes of action, rights and remedies Grantee may now or hereafter have against Grantor, and its officials, officers, employees, consultants, contractors, attorneys and agents (collectively, “Grantor Entities”), whether known or unknown for all events and circumstances arising prior to the date of this Agreement, with respect to liability for any (and all) claim(s), demand(s), loss(es), liability(ies), damage(s), cost(s) and expense(s), including damage to or loss, upon, above, beneath, or across the Easement Area or adjacent property owned by Grantor or either of them, unless and except to the extent such damage or loss is caused by the gross negligence or willful misconduct of Grantor Entities, and (b) all claims of contribution and reimbursement for costs of remediating Hazardous Materials (defined in Section 15 below) released or existing prior to the date of this Agreement in, on or near the Easement Area. GRANTEE HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (“SECTION 1542”), WHICH IS SET FORTH BELOW: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf 6 Page 863 AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BY INITIALING BELOW, GRANTEE HEREBY WAIVES THE PROVISIONS OF SECTION 1542 IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES: _______________ Grantee’s Initials The waivers and releases by Grantee contained in this Agreement shall survive the termination of this Agreement and shall be binding upon the assignees, transferees, and successors- in-interest of Grantee. 10.Grantor’s Access. Grantee acknowledges that the Grantor’s Property, including without limitation the Easement Area, may contain certain Grantor-owned facilities, whether public, enterprise, proprietary or otherwise as well as publicly and/or privately owned utilities, including, without limitation, storm drains, water, sewer, gas, electrical, cable television, fiber optics and appurtenant facilities, hereinafter referred to collectively as “Public Improvements”. Except for access to the Improvements, which access is covered in the following sentence, Grantor and utility providers shall have access at any time, from time to time and without notice or liability to the Easement Area, including without limitation the Public Improvements. Except in the event of an emergency, in which event telephonic notice as soon as practical is acceptable in lieu of advance written approval, if Grantor (being either or both SBCTA and City, as the case may be) desires access to the Improvements, Grantor shall request Grantee’s prior written approval, not to be unreasonably withheld, conditioned or delayed, and which request shall be reviewed and granted or denied within ten (10) business days of the written request, and Grantee shall endeavor to deliver approval of such request within five (5) business days when possible. Grantor shall tailor its request for access so that it does not unreasonably interfere with Grantee’s rights to or use of the Easement Area. Any such access must be consistent with the safety protocols described in Section 12 and Grantee shall cooperate with Grantor to determine how to safely provide access to the Easement Area for purposes of the work to be performed. Grantee shall have the right, but not the obligation, to add appropriate signage to the Improvements, including, without limitation, signs prohibiting access and requiring advance notice and permission prior to entry. Under no circumstances shall Grantor be liable in damages to Grantee, or to any successor, assign, assignee or Mortgagee, including any successor in interest, for Grantor’s failure to request or obtain Grantee’s permission, and Grantee covenants on behalf of itself and its successors and assigns, including successors in interest and any Mortgagee, not to sue for or claim damages against Grantor as a result of Grantor’s breach of the notice requirements in this Section 10. 11.Coordination of Grantor Construction Activities. If Grantor (being either or both SBCTA and City, as the case may be) desires to (i) do any digging or trenching on its property within twenty-five (25) feet of any of Grantee’s columns built as part of the Supporting Facilities or below the Improvements or digging or trenching adjacent to underground utilities or grounding mats (other than minor digging for sprinklers, sign posts, or similar non-substantive digging), or (ii) operate a crane or other equipment in a location and/or configuration which is capable of extending into or above the Aerial Easement Area or within twenty-five (25) horizontal feet of 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf 7 Page 864 such Aerial Easement Area, then the Grantor shall give Grantee notice of such intent no later than forty-five (45) days (or for small machinery fifteen (15) days) before such work is to commence, and Grantee shall have fifteen (15) days (or five (5) business days for small machinery) in which to review and comment on the intended work. Grantor shall reasonably consider Grantee’s concerns, but Grantor shall not be prevented from operation, use, or construction on Grantor’s Property, so long as Grantor complies with all applicable standards, laws, regulations, and policies in order to reasonably safeguard the Improvements and rail operations. 12.Safety Protocols. Grantee and Grantor will comply in good faith with all written safety procedures and protocols mutually developed by the Parties, as the same may be amended by the Parties in writing from time to time, and in all events to be prepared prior to the start of construction and rail operations. The Parties acknowledge that additional agencies, including the Federal Railroad Administration and emergency responders, will participate in the development of safety protocols and procedures. 13.Utilities. As between Grantee and Grantor, any required relocation of a utility that interferes with Grantee’s project within the Easement Area is the sole responsibility of Grantee. Upon written request by Grantee, Grantor will provide utility contact information known to Grantor and make its right-of-way utility staff, if any, reasonably available on a reimbursable basis and Grantee shall pay or reimburse Grantor (within thirty (30) days after delivery (including deemed receipt pursuant to Section 21(a) below) of written demand) for said reasonable cost(s) and expense(s) incurred by Grantor. Grantee shall also be subject to the interest upon late payments as described in Section 6. 14.Termination. In the event (i) Grantee fails to commence construction of either the Improvements within the Easement Area or the adjacent train station within three (3) years of the Effective Date (as will be extended by Grantor if Grantee has made material progress toward meeting the requirements to commence construction), (ii) Grantee fails to complete construction within seven (7) years of the Effective Date (subject to a Force Majeure Event or any extension by written agreement of the Parties) or (iii) if, after commencement or re-commencement of passenger rail service, Grantee fails to actively operate the Improvements for a period of eighteen (18) consecutive months (any period of non-operation due to construction or maintenance work which Grantee is performing with reasonable diligence, or subject to a Force Majeure Event or any extension by written agreement of the Parties is deemed to be operating for the purposes of this item iii) (“Abandonment”), Grantor may, subject to Section 14(a) below, after thirty (30) days written notice to Grantee, deem the Easements abandoned and terminate this Agreement; provided, however, Grantor may not terminate this Agreement if Grantee cures the Abandonment by resuming daily passenger rail service within the Easements within the thirty (30) day period after written notice by Grantor. Additionally, Grantor may terminate this Agreement if Grantee fails to comply with this Agreement and then fails to cure such default within thirty (30) days after written notice from Grantor, and then continues to fail to cure such default within five (5) business days following a second written notice from the Grantor sent after the initial 30-day period, with each such notice stating in all capital and bolded letters of at least 12 point font: “FAILURE TO CURE SHALL RESULT IN TERMINATION”; provided, however, the Grantor may not terminate this Agreement if Grantee commences to cure the default during the applicable cure period after written notice by the Grantor and thereafter diligently prosecutes the cure to completion. 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf 8 Page 865 (a)Right of Mortgagee to Cure Defaults. Provided that Mortgagee or Grantee has provided Grantor in writing the address for sending notices to the Mortgagee and satisfactory documentation of its status as a Mortgagee, each Mortgagee who has been so identified to the Grantor as a Mortgagee will have the same period, commencing upon written notice to each such Mortgagee of such default, to remedy or cause to be remedied the default complained of as Grantee has hereunder to cure such default, plus an additional ninety (90) days in the case of any other default which is capable of being cured by the Mortgagee (and such ninety (90) day period, upon written notice provided to Grantor within said ninety (90) day period, will be extended for a reasonable period of time to gain possession of the interest of Grantee under the Agreement through legal proceedings if necessary to cure such default, provided the Mortgagee commences the proceedings within one hundred eighty (180) days after the initial written notice by Grantor and thereafter diligently prosecutes such proceedings) which period will be extended as necessary for a Mortgagee to obtain relief from any stay in a bankruptcy proceeding in which Grantee is a debtor, provided the Mortgagee is diligently prosecuting such relief and has assumed the obligations of this Agreement in writing (and such written assumption shall have been delivered to Grantor), and Grantor will accept performance by such Mortgagee within the time specified herein as timely performance by Grantee; provided, however, that (i) nothing contained herein will be deemed to impose upon any Mortgagee the obligation to perform any obligation of Grantee under this Agreement or to remedy any default by Grantee hereunder, and (ii) in the event that the Mortgagee or a third party succeeds to Grantee’s interest under this Agreement pursuant to foreclosure of the Security Agreement, exercise of a power of sale thereunder or a deed in lieu thereof, Grantor waives, as against the Mortgagee or such third party, any default by Grantee that is not susceptible to cure by said Mortgagee or third party due to the default being personal to Grantee, including without limitation and as an example only, an obligation of Grantee to provide a financial statement. For avoidance of doubt, any default that can be cured with the payment of money is susceptible to cure. Any provision of this Agreement to the contrary notwithstanding, no performance by or on behalf of a Mortgagee will cause it to become a “mortgagee in possession” or otherwise cause it to be deemed to be in possession of the Property or bound by or liable under this Agreement, unless the Mortgagee is actually in possession of the Property. In addition, the Parties agree that if there is more than one (1) Mortgagee (or collateral assignee), then all cure periods provided in this paragraph will run concurrently. Upon the full and timely performance by Mortgagee of the obligation or obligations the nonperformance of which was the subject of the notice of default given to Mortgagee pursuant to this Section, such default shall be deemed cured and shall no longer give rise to any rights and remedies of Grantor; provided, however, that Mortgagee’s cure of any default under this Agreement by Grantee shall not excuse or waive any future default under this Agreement by Grantee or preclude or limit the exercise of any rights or remedies afforded Grantor under this Agreement as a result of such future default. Notwithstanding any provision to the contrary contained elsewhere in this Agreement, Grantor will not have the right to terminate this Agreement or re-enter the Property by reason of a default by Grantee that is reasonably susceptible of cure by Mortgagee, during the period specified in this Section 14 in which a Mortgagee is entitled to cure a default by Grantee. (b)In each instance of a default, Grantor may in its reasonable discretion determine that no party with a right to cure is diligently prosecuting a cure to completion; provided, however, that where cure of the subject default has not been completed within three hundred (300) days of Grantor’s first notice to Grantee to cure said default, such a determination shall be deemed reasonable under this Agreement. Should Grantor reasonably determine that no party is diligently 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf 9 Page 866 prosecuting a cure to completion, subject to the prior sentence, then all cure periods for the default subject to Grantor’s determination shall be deemed to have run their course and Grantor has the right to immediately terminate this Agreement. 15.Hazardous Materials. (a) Grantee covenants that it will not handle or transport Hazardous Materials in the Easement Area except for removal, transportation and disposal in compliance with laws regarding excavated soils which are or may be contaminated with Hazardous Materials. As used in this Agreement, the term “Hazardous Materials” means: (a) any substance, products, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the above cited California state statutes are hereinafter collectively referred to as “the State Toxic Substances Law”); or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance, now or at any time hereinafter in effect; (b) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (c) petroleum or crude oil, other than petroleum and petroleum products which are contained within regularly operated motor vehicles or passenger trains; and (d) asbestos. Notwithstanding the foregoing, Grantee may handle and transport Hazardous Materials normally and customarily used in the development, construction and operation of railroad infrastructure, including passenger stations, that are used, stored, transported and disposed of in accordance with all applicable laws, building codes, regulations, ordinances, rules, directives, covenants, or restrictions of record. As an example only, train infrastructure typically entails refueling maintenance vehicles or using cleaning supplies for routine maintenance. (b)Grantee further agrees that, at Grantor’s request, it will furnish Grantor with proof, satisfactory to Grantor, that Grantee is in compliance with all such laws, rules, regulations, orders, decisions and ordinances regarding Hazardous Materials. (c)Notwithstanding anything else contained in this Agreement, Grantee shall indemnify, defend and hold harmless Grantor Entities from and against any and all claims, demands, liabilities, losses, damages, costs and expenses arising out of, resulting from or relating 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf 10 Page 867 to injuries to any person, including wrongful death, or damage to property, including without limitation, property of Grantor and Grantee, or otherwise (including without limitation reasonable attorneys’ fees, investigators’ fees, litigation expenses, and mitigation costs) resulting in whole or in part from Grantee’s acts or omissions with respect to Hazardous Materials; provided, however, that the foregoing shall not apply to the extent which a release of Hazardous Materials is the result of Grantor Entities’ negligence or willful misconduct following the Effective Date. Grantee agrees to reimburse Grantor for all reasonable costs of any kind incurred as a result of the Grantee’s failure to comply with this Section, including, but not limited to, judicial or administrative fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of Grantee’s handling, transporting, or disposing of Hazardous Materials on, over, or across the Improvements and or adjacent property. (d)Grantor shall have the right at any time to inspect the Improvements and Public Improvements in order to monitor Grantee’s compliance with this Agreement, subject to the provisions of Section 10 above. 16.Insurance. Grantee shall obtain and maintain insurance, at its sole cost and expense, as required in Exhibit “C” attached hereto. 17.Indemnity. Grantee shall defend, indemnify and hold Grantor Entities free and harmless of, from and against any and all claims, demands, causes of action, costs, liabilities, expenses, losses, damages or injuries of any kind, including attorneys’ fees and costs, in any manner arising out of, resulting from or relating to any acts, omissions or willful misconduct of or by Grantee or the Grantee Parties in performance of this Agreement, breach, default or failure of performance of this Agreement, including failure of timely performance, use of the Easement Area or the construction, use, or operation of the Improvements or the failure to comply with law, including the failure to comply (or failure of its contractors to comply) with California Labor Code Section 1720 et seq., including without limitation Labor Code Section 1781, which are (a) suffered or incurred by or alleged against Grantor, Grantor Entities and/or any of the Grantee Parties, in law or equity, and/or (b) to persons or property, including death. Grantee shall further defend, indemnify and hold harmless Grantor Entities from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings brought against the Grantor Entities to challenge, attack, seek to modify, set aside, void or annul any Grantor decision made in connection with this Agreement or Grantee’s use of the Easement Area (based on noncompliance with the California Environmental Quality Act or otherwise). Grantee shall defend, with counsel reasonably acceptable to Grantor and at Grantee’s sole expense, any and all aforesaid suits, actions or proceedings, legal or affirmative, which may be brought or instituted against any Grantor Entities. Grantee shall pay and satisfy any judgment, award or decree that may be rendered against any Grantor Entities. Grantee shall reimburse such parties for any and all legal expenses and costs incurred by one or more of them in connection with this Agreement or the indemnity and/or related rights, remedies and other protections herein provided. Grantee’s obligations hereunder shall survive termination or expiration of this Agreement, and shall not be restricted to insurance proceeds, if any, received by Grantor Entities. 18.Covenant Running With Land. This Agreement shall be deemed a covenant running with the land with respect to the Easement Area, burdening the Easement Area and benefitting and appurtenant to the real property interests owned by Grantee and associated with 4858-4166-4037.27 378683.00002/4-29-24/eeo/mrf 11 Page 868 the HSR System. All of the covenants, obligations, and provisions of this Agreement shall be binding upon and inure to the benefit of successors, legal representatives, assigns and successors- in-interest to the Parties. Every person who now or hereafter owns or acquires any right, title, or interest in and to any portion of the Easement Area shall be conclusively deemed to have notice of this Agreement, whether or not reference to this Agreement is contained in the instrument by which such person acquires an interest in the Easement Area. Therefore, each and every contract, deed or other instrument hereinafter executed, covering or conveying the Easement Area or any portion thereof or interest therein shall conclusively be deemed to have been executed, delivered and accepted subject to this Agreement. 19.Estoppel Certificates. Each of the Parties hereto agrees, promptly following a request from the other Party hereto, to furnish from time to time in writing certificates containing truthful estoppel information and/or confirmations of the agreements, obligations and easements contained in this Agreement, or otherwise appurtenant to this Agreement, in a form and substance reasonably satisfactory to the Party from whom such certificate is sought. 20.Attorneys’ Fees. In the event either Party brings a suit, action, or other proceeding against the other Party that in any way relates to or arises out of this Agreement, each Party shall bear its own legal costs and expenses. 21.Miscellaneous. (a) Notices. 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: Grantee:DesertXpress Enterprises, LLC 8329 W. Sunset Road, Suite 150 Las Vegas, NV 89113 Attn: Legal Department City:City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager SBCTA San Bernardino County Transportation Authority 1170 W. Third Street, 2nd Floor San Bernardino, CA 92410 Attn: Director of Transit and Rail Such notice shall be deemed made when delivered by certified mail, return receipt requested, or by reputable overnight messenger delivery service, and addressed to the Party at its applicable address and shall be deemed delivered on the date of delivery or refusal to accept or inability to effect delivery shown on the return receipt, or one (1) business day after delivery to the messenger service for overnight delivery, as applicable. 4858-4166-4037.27 378683.00002/4-29-24/eeo/mrf 12 Page 869 (b)Entire Understanding. This Agreement constitutes the entire understanding between the Parties, and supersedes all offers, negotiations, and other agreements concerning the subject matter contained herein. The recitals are hereby incorporated herein by reference. (c)Invalidity. If any provision of this Agreement is invalid or unenforceable with respect to any Party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (d)Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the successors of the respective Parties. Except as set forth in Section 7 above, this Agreement may not be assigned by either Party without the prior written consent of the other Party. (e)Governing Law. Except on subjects preempted by federal law, this Agreement will be governed by and construed in accordance with the laws of the State of California. Nothing herein is meant to be or will be interpreted to be a waiver of principles of legal preemption or preclusion that may apply to Grantee because of its status as a common carrier regulated by the federal government. (f)Venue. Venue for any legal action between the Parties related to this Agreement will be in the Superior Court of San Bernardino County, California or the United States District Court, Central District Court of California. The judgment in any such action may be enforced by any court of competent jurisdiction wherever located. (g)Exhibits. All exhibits attached hereto form material parts of this Time of Essence. Time is of the essence of every provision hereof in which Survival. All defense, indemnity, and payment obligations of Grantee that Agreement. (h) time is a factor. (i) arise or relate to events occurring prior to the termination of this Agreement shall survive such termination. (j)Force Majeure. Notwithstanding anything to the contrary contained in this Agreement, should any fire or other casualty, act of nature, earthquake, flood, hurricane (or tropical cyclone), lightning, tornado, epidemic, landslide, war, terrorism, riot, civil commotion, general unavailability of materials, strike, slowdown, labor dispute, governmental laws or regulations, or other occurrence beyond Grantee’s or Grantor’s control prevent performance of this Agreement in accordance with its provisions, provided that such event does not arise by reason of the negligence or misconduct of the performing Party, (a “Force Majeure Event”) then performance of this Agreement by either Party will be suspended or excused to the extent and for a period commensurate with such occurrence. 22.Property Taxes, Including Possessory Interest Taxes. This Agreement creates a possessory interest that may be subject to possessory interest tax (a type of California property tax), and Grantee shall pay any such possessory interest taxes that may be assessed. If the 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf 13 Page 870 Improvements are taxed as an improvement on the Easement Area, Grantee shall, upon demand, pay such taxes allocable to the Improvements, as determined by the taxing authority. Grantor shall reasonably cooperate and assist Grantee, at no costs to Grantor, in efforts to obtain a separate assessment for the Improvements, including executing any reasonably required applications or reasonable documents. Grantee shall pay when due all personal property taxes levied against or relating to the Improvements. [Signature Page Follows] 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf 14 Page 871 The Parties have executed this Agreement as of the date first written above. CITY:SBCTA:Grantee: CITY OF RANCHO CUCAMONGA, a California municipal corporation SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability corporation a California county transportation authority By:By:By: L. Dennis Michael Mayor City of Rancho Cucamonga Dawn Rowe Sarah Watterson President DesertXpress Enterprises, LLC Board President San Bernardino County Transportation Authority ATTEST: By: Janice C. Reynolds City Clerk City of Rancho Cucamonga APPROVED AS TO FORM APPROVED AS TO FORM APPROVED AS TO FORM By:By:By: Nicholas R. Ghirelli, City Attorney Richards, Watson & Gershon Julianna K. Tillquist General Counsel San Bernardino County Transportation Authority David Pickett Associate General Counsel DesertXpress Enterprises, LLC 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf 15 Page 872 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ________________ ) ) On _________________________, before me, Notary Public, personally appeared , , (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf -N- Page 873 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____________ ) ) On _________________________, before me, Notary Public, personally appeared , , (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf -N- Page 874 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____________ ) ) On _________________________, before me, Notary Public, personally appeared , , (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf -N- Page 875 EXHIBIT ‘A’ Legal Description of the Grantor’s Property APN: 0209-272-11 & 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive, of Parcel Maps, in the Office of the County Recorder of said County, together with that portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County, described as follows: All that portion of said Parcel 15, together with all that portion of said Rancho Cucamonga Metrolink Station Phase I; Excepting therefrom that portion lying easterly of the following described line: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation of said northerly line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 359.09 feet to the Point of Beginning; Thence South 00°10’37” East 569.98 feet to the southerly line of said Parcel 15, also being the Point of Terminus; Parcel contains 227,529 square feet, more or less. The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.00 epoch. Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibit ‘A-1’ attached hereto and made a part hereof. Preliminary Page 1 of 2 05/13/2024 5:11:55 PM Page 876 This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: ______________________ Sean M. Smith, PLS 8233 Date: ____________________ Preliminary 05/13/2024 5:12:00 PM Page 2 of 2 Page 877 Preliminary 05/23/2024 10:38:23 AM Page 878 EXHIBIT “B” DESCRIPTION OF AERIAL EASEMENT AREA [SEE ATTACHED] EXHIBIT “B”4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf -1- Page 879 EXHIBIT ‘B’ Legal Description APN: 0209-272-11 That portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of San Bernardino County, in the City of Rancho Cucamonga, in said County, State of California, described as follows: Commencing at the northeast corner of said Section 13 of Township 1 South, Range 7 West, S.B.M., as shown on Parcel Map No. 14647, filed in Book 177, pages 90 through 96, inclusive of Parcel Maps, in the Office of the County Recorder of said County; Thence along the easterly line of said Section 13, as shown on said Parcel Map, South 00°29’50” East 50.00 feet to the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation of said northerly line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence along said northerly line South 89°43’55 West 359.09 feet to the Point of Beginning; Thence continuing along said northerly line South 89°43’55 West 651.28 feet; Thence leaving said northerly line South 02°09’27” East 60.00 feet; Thence North 87°54’30” East 649.57 feet; Thence North 00°10’37” West 39.29 feet to said northerly line and the Point of Beginning. Parcel contains 32,283 square feet, more or less. Excepting therefrom all that portion below a level plane 16.00 feet above the existing ground. Preliminary Page 1 of 205/13/2024 5:16:23 PM Page 880 The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibit ‘B-1’ attached hereto and made a part hereof. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: ______________________ Sean M. Smith, PLS 8233 Date: ____________________ Preliminary 05/13/2024 5:16:27 PM Page 2 of 2 Page 881 Preliminary 05/13/2024 5:16:30 PM Page 882 EXHIBIT “C” Required Insurance (a)Prior to Construction. On or before Grantee’s entry onto the Easement Area, Grantee shall procure and maintain, at its sole cost and expense, the following insurance: (1)Commercial General Liability (CGL) with a limit not less than twenty-five million dollars ($25,000,000) per each occurrence and a general aggregate limit of not less than twenty-five million dollars ($25,000,000) providing coverage for bodily injury, property damage, and personal injury through any combination of primary and excess or umbrella liability insurance policies with limits restating annually. The CGL insurance must be written on an ISO occurrence form CG 00 01 04 13 or (with approval from Grantor) substitute forms at least as broad as CG 00 01 04 13 coverage. All excess or umbrella policies must be “follow form” and afford no less coverage than the primary policy. Such CGL must provide coverage to the Indemnified Parties as additional insureds using ISO Additional Insured Endorsement CG 20 26 and CG 20 24, or their equivalent. Coverage shall be provided to the Indemnified Parties for claims proximately caused by reason of the uses authorized by this Agreement and the location and placement of improvements within the Easement Area, unless caused by an Indemnified Party’s gross negligence or willful misconduct. (b)Insurance During Construction. Prior to commencing physical construction within the Easement Area, Grantee shall procure or cause to be procured and maintained throughout construction the following insurance coverage: (1)Liability Insurance. Commercial General Liability (CGL) with a limit not less than three hundred million dollars $300,000,000 each occurrence, three hundred million dollars ($300,000,000) products and completed operations aggregate, and a general aggregate limit of not less than three hundred million dollars ($300,000,000) providing coverage for bodily injury, property damage, and personal injury through any combination of primary and excess or umbrella liability insurance policies with one reinstatement general aggregate limit for the period of the policy(ies) term. Such policies must be project-specific with dedicated limits to the Project. The CGL insurance must be written on an ISO occurrence form CG 00 01 04 13 or (with approval from Grantor) substitute forms providing equivalent coverage. All excess or umbrella policies must be “follow form” and afford no less coverage than the primary policy. Such CGL must cover the Indemnified Parties as additional insureds using ISO Additional Insured Endorsement CG 20 26 (or CG 20 26, CG 20 24, and 20 10 with the restriction that the work is being done for or on behalf of an additional insured removed from the endorsement accompanied by 20 37 or equivalent forms and subject to market availability with approval from SBCTA providing coverage to the additional insured for completed operation losses with the restriction that the work is being done for or on behalf of an additional insured removed from the endorsement). Coverage must be provided to the Indemnified Parties for claims proximately caused by reason of the uses authorized by this Agreement, unless caused by an Indemnified Party’s gross negligence or willful misconduct. EXHIBIT “C”4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf -1- Page 883 The policy or policies shall be endorsed to remove exclusions pertaining to any railroads. There must not be any endorsement or modification of the CGL limiting the scope of coverage for liability assumed under an insured contract. Completed operations coverage must extend for as long as there is any exposure to liability under a statute of repose or any other applicable statute of limitations. If completed operations coverage through the end of statutory exposure is not commercially available, completed operations coverage must extend for at least ten (10) years from the completion date of the Project. All excess or umbrella policies must contain a drop-down clause in the event of exhaustion of primary limits and provide coverage for primary CGL. (2)Commercial Automobile Insurance. During all phases of the Project, Grantee shall provide evidence of commercial business auto coverage written on ISO form CA 00 01 10 01 (or, with approval from Grantor, substitute form providing equivalent liability coverage) with a limit not less than one million dollars ($1,000,000) for each accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non-owned autos). The policy must contain an endorsement for coverage to operations in connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). During all phases of the Project, Grantee shall require its general contractor to provide (and shall ensure that its general contractor does provide) evidence of commercial business auto coverage written on ISO form CA 00 01 10 01 (or, with approval from Grantor, substitute form providing equivalent liability coverage) with a limit not less than twenty-five million dollars ($25,000,000) for each accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non-owned autos) and can be satisfied by a combination of primary and excess and/or umbrella policies. The policy(ies) must contain an endorsement for coverage to operations in connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). All excess or umbrella policies shall contain a drop-down clause in the event of exhaustion of primary limits and provide coverage for primary auto liability. (3)Workers’ Compensation and Employers Liability Insurance. During all phases of the Project, Grantee shall provide evidence of Workers’ Compensation insurance as required under California statute including coverage for Employer’s Liability with limits of at least one million dollars ($1,000,000) each accident, one million dollars ($1,000,000) each employee by disease, and a policy limit of one million dollars ($1,000,000) by disease. The excess liability policy must include employer’s liability coverage limits to at least twenty-five million dollars ($25,000,000) and can be satisfied by a combination of primary and excess and/or umbrella policies. The workers’ compensation policies must provide the following: a. A waiver of subrogation in favor of Grantor and the Indemnified Parties; b. A provision extending coverage to all states’ operations; c. A voluntary compensation endorsement; EXHIBIT “C”4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf -2- Page 884 d. An alternative employer endorsement, if applicable to Grantee operations; e. Coverage for liability under the United States Longshore and Harbor Workers’ Compensation Act on an “if any” basis or as otherwise appropriate; f. Coverage for liability under Title 46 of the U.S.C. § 688 (“Jones Act”) on an “if any” basis or as otherwise appropriate; and g. An endorsement extending the policy to cover the liability of the insureds under the Federal Employer’s Liability Act on an “if any” basis or as otherwise appropriate. (4)Professional Liability Insurance. During all phases of the Project, Grantee shall provide evidence of professional liability insurance, including prior acts coverage sufficient to cover all claims arising out of any professional services, including without limitation engineering, architectural, or land surveying work required in constructing the Project on the Easement Area, procured, and maintained by those third parties performing such work for or on behalf of Grantee. For the lead design contractor for the improvements in privity with Grantee, the coverage must not be less than ten million dollars ($10,000,000) per claim and in the aggregate. For environmental assessments, land surveying work and any other site work, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For architectural, geotechnical engineers, and electrical engineers, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For structural engineers and civil engineers relating to the Project, the coverage must not be less than five million dollars ($5,000,000) per claim and in the aggregate. Grantee shall also require any member of its design build team, any subconsultant, or any subcontractor performing professional design services for any portion of the Project, to obtain and maintain (and shall ensure that they do obtain and maintain) professional liability insurance providing the same coverage, with limits of at least one million dollars ($1,000,000) per claim and in the aggregate. Grantee shall procure and maintain a project specific Owner’s Protective Professional Indemnity (OPPI) policy that provides coverage with limits of at least twenty-five million dollars ($25,000,000) per claim and in the aggregate for claims arising out of the liability of design and construction professionals. Such coverage must include coverage for claims filed directly against Grantee by third-parties alleging negligence (arising from professional services of design firms). No self-insured retention for Grantee or any lead design entity is permitted to exceed five hundred thousand dollars ($500,000), unless commercially unavailable and without prior written approval from Grantor, in its good faith discretion. Coverage must apply specifically to professional activities performed or contracted by Grantee in support of the Project. The policy(ies) must have a retroactive date consistent with the inception of the first date of design or project or construction management activities, and no later than the date on which any contract or subcontract was issued. Grantee agrees to maintain or to require its design professionals, subconsultants, or design-build subcontractors to maintain (and shall ensure that they do maintain), as appropriate, this required coverage for a period of no less than three years after the EXHIBIT “C”4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf -3- Page 885 commencement of revenue service or to purchase an extended reporting period for no less than three years after the commencement of revenue service. If the contractor is working with a separate lead design entity, contractor must (and Grantee shall ensure that contractor does) require the lead design entity to agree to maintain this coverage for a period of no less than three (3) years after the commencement of revenue service or to purchase an extended reporting period for no less than three (3) years after the commencement of revenue service. (5)Contractor’s Pollution Liability. Grantee shall procure or cause to be procured contractor’s pollution liability (“CPL”) coverage throughout the period of construction. Coverage must be provided by a stand-alone policy with Project dedicated limits of no less than twenty-five million dollars ($25,000,000) per occurrence and twenty-five million dollars ($25,000,000) in the aggregate per policy period dedicated to the Project. Coverage must be written on an occurrence basis and extended for a minimum ten (10) year period with a separate limit available exclusively to the Project. The CPL policy must include coverage for investigation, removal, and remediation costs including monitoring or disposal of contaminated soil, surface water, groundwater or other media to the extent required by environmental laws caused by pollution conditions resulting from or exacerbated by covered operations; third-party bodily injury and property damage, provided that the third-party property damage liability coverage includes loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by or from conditions exacerbated by covered operations. The policy must have no exclusions or limitations for loss occurring over water including but not limited to a navigable waterway or for lead or asbestos. Coverage as required in this Section shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL policy must also provide coverage for losses due to loading, unloading or transportation and liability imposed by off-site disposal of materials at a third-party disposal site including testing, monitoring, measuring operations or laboratory analysis and remediation. If the scope of work includes the disposal of any hazardous or non-hazardous materials from the job site, Grantee shall furnish Grantor evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of five million dollars ($5,000,000) per loss and an annual aggregate of five million dollars ($5,000,000). (6)Railroad Protective Liability. Grantee shall provide, or cause to be maintained, any coverage as may be required by any railroad as a condition of the railroad’s consent for entry onto railroad facilities or property. Such policy shall be effective during the period any construction is being performed within 50 feet of any railroad ROW. Coverage shall be written on Insurance Services Office occurrence Form CG 00 35 (or, with approval from Grantor, substitute form providing equivalent coverage) on behalf of any railroad as a named Insured, with a limit specified by any railroad. 20.2.1.7. Aircraft Liability. If applicable, Grantee shall procure, or cause to be procured and maintained, aircraft liability insurance with a limit of not less than ten million dollars ($10,000,000) per occurrence in all cases where any aircraft is used on the Project that is owned, leased or chartered by any contractor-related entity or its subcontractors of any tier, protecting against claims for damages resulting from such use. Any aircraft intended for use in performance of the work, the aircraft crew, flight path and altitude, including landing of any aircraft on the Project or on any property owned, rented or leased by EXHIBIT “C”4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf -4- Page 886 Grantor or any of the Indemnified Parties is subject to review and written acceptance by Grantor prior to occurrence of any such usage. If any aircraft are leased or chartered with crew and/or pilot, evidence of non-owned aircraft liability insurance is acceptable in lieu of the coverage listed above but must be provided prior to use of the aircraft. (7)Builder’s Risk Insurance. Grantee shall, upon commencement of construction and with approval of Grantor, obtain and maintain a policy of builder’s risk insurance for the Project. Coverage shall be written on an “all risk” basis and provided through a stand-alone policy dedicated solely to the Project. The insureds must include the contractor, all subcontractors (excluding those solely responsible for design work) of any tier, suppliers, and Grantor. Coverage must include property owned by Grantor and the Indemnified Parties that is part of the Project and must not be limited by use of the phrase “as their interests may appear.” The policy must cover all property, roads, buildings, bridge structures, other structures, fixtures, materials, supplies, foundations, pilings, machinery and equipment (excluding contractor’s equipment) that are part of or related to the portions or elements of the Project, and the works of improvement, including permanent and temporary works and on-site materials, and including goods intended for incorporation into the works located at the Easement Area, in storage or in the course of transit to the Easement Area and all improvements that are within the Easement Area. The builder’s risk policy must include coverage for: a. Any ensuing loss from faulty workmanship or nonconforming work, including L.E.G. 3 wording; b. Machinery accidents and operational testing involving equipment covered by the policy; c. Removal of debris, with a sublimit of twenty-five percent (25%) of the loss subject to a limit of twenty-five million dollars ($25,000,000) and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; d. Transit, including ocean marine coverage (unless insured by the supplier or through a separate marine cargo policy), with sub-limits sufficient to insure the full replacement value of any key equipment item; e. Replacement value of any property or equipment stored either on or off the Easement Area; f. Coverage limits sufficient to insure for the following perils subject to applicable sub- limits for these perils based on the probable maximum loss of the insured property: • Collapse; • Terrorism; • Earthquake; EXHIBIT “C”4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf -5- Page 887 • Flood; g. Plans, blueprints and specifications; and h. Demolition and increased cost of construction as required by law or ordinance subject to applicable sub-limits. There must be no coinsurance penalty provision in any such policy. All deductibles or self- insured retentions must be the sole responsibility of Grantee. The policy must provide a “severability of interests provision,” “multiple insured’s clause” or similar wording that the policy is to apply to each insured as if a separate policy had been issued to each insured except as to limits. Grantee shall also require the general contractor and its subcontractors to procure and maintain (and shall ensure that they do procure and maintain) coverage for tools and equipment owned, leased or used by the general contractor or subcontractors in the performance of their work under this contract. Upon completion of construction of the Project and prior to commencing operations of the Project within the Easement Area, Grantee shall provide evidence of “all risk” property insurance covering the Project/Improvements, with coverage sufficient to cover the probable maximum loss of such improvements and alterations made by Grantee pursuant to the terms hereof, which must include “all risk” coverage using the ISO Causes of Loss - Special Form or (with approval from Grantor) its equivalent, as well as flood insurance, subject to applicable sub-limits for natural hazard exposures based on the probable maximum loss of such improvements. (c)Insurance During Operations. Upon the commencement of revenue service operations, Grantee shall procure and maintain, at its sole cost and expense, Commercial General Liability (CGL) with a limit not less for personal injury, death, and property damage in an amount not less than three hundred twenty-three million dollars ($323,000,000), or such other limit of liability as Congress may establish from time to time applicable to Grantee’s passenger rail operations. Such policy or policies must provide coverage to all Indemnified Parties as additional insureds. All excess or umbrella policies must be “follow form” and afford no less coverage than the primary policy and the policies up to three hundred twenty-three million dollars $323,000,000 must include one reinstatement limit for the period of the policy(ies) term. (d)Self Insurance. The policy or policies under which coverage required by this Agreement is provided may include a deductible or self-insured retention not in cumulative excess of ten million dollars ($10,000,000) on the condition that: (1) Each insurance policy expressly provides that the obligations of the policy issuer to Grantor as an additional insured are not to be diminished in any way by Grantee’s failure to pay its deductible or self-insured retention obligation for any reason; EXHIBIT “C”4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf -6- Page 888 (2) Grantee provides a declaration under penalty of perjury by a Certified Public Accountant (CPA) acceptable to Grantor and who shall apply a Fiduciary Standard of Care, certifying the accountant has applied Generally Accepted Accounting Principles (GAAP) guidelines confirming that Grantee has sufficient funds and resources to cover any self-insured retentions if the cumulative self-insured retentions from all required insured policies are in excess of one million dollars ($1,000,000); and (3) Grantee promptly pays any and all amounts due under such deductible or self-insured retention in lieu of insurance proceeds that would have been payable if the insurance policies had not included a deductible or self-insured retention amount. (e)Definition of “Self Insurance”. As used in this Agreement, “self insurance” means that Grantee is itself acting as if it were the insurance company providing the insurance required under the provisions of this Agreement. (f)Evidence of Insurance. In accordance with the insurance requirements above, Grantee shall furnish evidence of insurance reasonably acceptable to Grantor before Grantee enters the Easement Area, before commencing physical construction of the Project within the Easement Area, and before the beginning of operations, as applicable. Grantee shall provide Grantor with satisfactory evidence of renewal or replacement insurance no later than thirty (30) days after the expiration or termination of such insurance. Grantee shall submit full copies of the commercial general liability policy, excess/umbrella liability policy, builder’s risk policy, and the project-specific professional liability policy or binders with full specimen copies of the forms for each policy until such time as full copies of the policies are available. This requirement applies prior to Grantee starting work on the Project, including all subsequent renewal policies. Certificates of insurance are required for all other lines of insurance. If, through no fault of Grantee, any of the coverage required becomes unavailable, Grantee shall provide good faith alternative insurance packages and programs, subject to prior approval by Grantor, with the goal of reaching agreement on a package providing coverage equivalent to that specified herein. (f)Additional Insured Coverage. All policies, except those for Workers’ Compensation and Professional Liability insurance, must be endorsed by the ISO Form CG 20 10 11 85, CG 20 37, CG 20 24 and CG 20 26 as outlined in Paragraphs (a) and (b) above, to name the Indemnified Parties as additional insureds. The additional insured endorsements must not have any restriction requiring that the work is being done for or on behalf of an additional insured. With respect to general liability arising out of or connected with work or operations performed by or on behalf of Grantee under this Agreement, coverage for such additional insureds must not extend to liability to the extent prohibited by Section 11580.04 of the Insurance Code. The additional insured endorsements must not limit the scope of coverage for Grantor to vicarious liability but shall allow coverage for Grantor to the full extent provided by the policy. (h)Waiver of Subrogation Rights. To the fullest extent permitted by law, Grantee hereby waives all rights of recovery under subrogation against the additional insureds named herein, and any other tenant, contractor, subcontractor or sub-subcontractor performing work or rendering services on behalf of Grantor, in connection with the planning, development and construction of the Project. To the fullest extent permitted by law, Grantee shall require similar EXHIBIT “C”4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf -7- Page 889 written express waivers and insurance clauses from each of its subcontractors of every tier. Grantee shall require all of the policies and coverages required in this Section to waive all rights of subrogation against the additional insureds (ISO Form CG 24 04 05 09). Such insurance and coverages provided must not prohibit Grantee from waiving the right of subrogation prior to a loss or claim. (i)Eligible Insurers. If policies are written by insurance carriers authorized and admitted to do business in the state of California, then the insurance carriers must have a current A.M. Best rating of A-VIII or better and if policies are written by insurance carriers that are non-admitted but authorized to conduct business in the state of California, then they must meet the current A.M. Best rating of A-:X or better, unless otherwise approved in writing by Grantor. Grantee shall furnish to Grantor, not less than fifteen (15) days before the date the insurance is first required to be carried by Grantee, and thereafter before the expiration of each policy, true and correct certificates of insurance, using the appropriate ACORD form of certificate or its equivalent, evidencing the coverages required under this Section, with a copy of each policy, if requested by Grantor. Such certificates must provide that should any policies described therein be cancelled before the expiration date thereof, notice is to be delivered to the certificate holder by the insurer in accordance with the policy provisions regarding same. Further, Grantee agrees that the insurance coverage required hereunder is not to be terminated or modified in any material way without thirty (30) days advance written notice from Grantee to Grantor. (j)Cure. If Grantee fails to procure and maintain insurance required under this Agreement or fails to meet its obligations with respect to any deductible or self-insured retention amount under this Agreement, subject to the provisions herein, Grantor is entitled, after thirty (30) days prior written notice to Grantee of Grantee’s default hereunder and Grantee’s failure to cure such default within said thirty (30) days, ten (10) days for non-payment, to require Grantee to immediately discontinue all construction activities related to the Project and immediately discontinue operation of the Project until Grantee has provided Grantor reasonably satisfactory evidence that the required insurance has been obtained and the other obligations of Grantee under this Section have been met. No cessation of construction or operations required by Grantor under this Section releases or relieves Grantee of any of its other obligations under this Agreement. EXHIBIT “C”4858-4166-4037.27 378683.00002/4-7-24/eeo/mrf -8- Page 890 EXHIBIT "G" MILLIKEN TRIANGLE EASEMENT [See Attached] EXHIBIT "G" -1-4885-9088-6533.10 378683.00002 Page 891 RECORDING REQUEST BY, AND WHEN RECORDED RETURN TO: DesertXpress Enterprises, LLC 3920 W. Hacienda Ave. Las Vegas, NV 89118 Attn: David Pickett, Esq. With a copy to: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY Free Recording Requested per Government Code 27383. EASEMENT (RAMPS AND DRIVEWAYS) THIS EASEMENT (“Agreement”) is dated as of ________, 202__ and is entered into by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation (“City”), and DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability company d/b/a Brightline West and qualified to do business in California (“DXE”). City and DXE are sometimes hereinafter referred to individually as “Party” and collectively as the “Parties.” RECITALS A.DXE plans to construct a high-speed passenger rail system from Las Vegas, Nevada to Rancho Cucamonga, California (“HSR System”). One portion of this system will include a train station in Rancho Cucamonga (the “Train Station”) on property DXE is acquiring from the City and the San Bernardino County Transportation Authority (“SBCTA”) (the “Station Site”). DXE desires an easement over a portion of property owned by the City adjacent to the Station Site for transit purposes, including without limitation, the right to construct, operate, and maintain (i) an access road (the “Access Road”) to provide access between the Station Site and the Driveway (as defined below) and Milliken Avenue when widened to the boundary of the Access Road and (ii) vehicle ramps (the “Ramp” and together with the Access Road, “Road and Ramp Improvements”) to service the parking structure to be constructed as part of the Train Station on the Station Site, both within the area described in Exhibit “A” attached hereto (the “Easement Area”). Further, DXE desires the right to construct, operate, and maintain an extension of the Access Road to provide access from the Easement Area to Milliken Avenue (the “Driveway”) within a separate area described in Exhibit “B” attached hereto (the “20 Foot Area”). The Road and Ramp Improvements and the Driveway are collectively referred to herein as the “Improvements”. B.The City’s public purposes in entering into this Agreement include facilitating the 4881-4358-1477.18 378683.00002/5-13-24//mrf -1- Page 892 development of transportation that will benefit the public, providing employment opportunities resulting from the work to be performed by DXE and the operation of a high-speed rail project, and obtaining fair market compensation for the easement interest granted herein (and such compensation shall become part of the general funds of the City and in turn used for public purposes). AGREEMENT 1.Grant of Easement; Term; Consideration. City hereby grants to DXE an exclusive perpetual easement (“Easement”) in and through the Easement Area for transit purposes, including, without limitation and subject to all applicable laws, the right to construct, operate, and maintain the Road and Ramp Improvements and appurtenant to the Easement the right to construct, operate, and maintain the Driveway within the 20 Foot Area. For the avoidance of doubt, the Road and Ramp Improvements are only allowed within the Easement Area and not the 20 Foot Area and only the Driveway is permitted within the 20 Foot Area. The location of the Driveway within the 20 Foot Area will be determined by DXE through its station design process, provided that the Driveway shall be no wider than sixty (60) feet unless a larger width is approved in writing by the City Engineer after finding that a wider Driveway is needed to accommodate vehicular traffic into and out of the Train Station and will not unreasonably impact surrounding City infrastructure and Milliken Avenue (including its future widening). The analysis regarding further widening of the Driveway shall involve the traffic study for the Train Station that DXE is currently preparing to assist the City Engineer in making any such finding and to the extent the pending traffic study does not sufficiently analyze the driveway wider than sixty (60) feet or impacts on surrounding infrastructure and Milliken Avenue (including its future widening), such additional traffic study (or peer review) prepared in cooperation between DXE and City/SBCTA (at DXE’s expense) that is necessary for the City Engineer to make the finding. DXE shall coordinate the pending traffic study with the City/SBCTA in an effort to ensure that the pending traffic study is sufficient to avoid the necessity of an additional traffic study. Upon the determination of the location of the Driveway, the Easement Area shall be amended to include such portion of the 20 Foot Area on which the Driveway will be located. The installation, maintenance, and operation of the Improvements shall be subordinate to any existing easements, covenants, conditions, restrictions, reservations, rights of way, liens, encumbrances, and other matters of record on or under the Easement Area and the 20 Foot Area, as applicable. If the City widens Milliken Avenue, the City shall be responsible at its cost to modify the Driveway to the extent necessary to accommodate such widening and the Easement Area shall be automatically modified to exclude any portion of the Easement Area that included the Driveway affected by the widening of Milliken Avenue. As a condition precedent to DXE’s occupancy or use of the Easement Area and the limited use of the 20 Foot Area, DXE will pay to City the one-time sum equal to the fair market price of the easement interest and rights described herein, as determined by an appraisal obtained by City. 2.AS-IS. DXE accepts the Easement Area (as modified to include and later exclude the portion of the 20 Foot Area on which the Driveway is located) in its current “AS-IS” condition, without representation or warranty, express or implied, and subject to all existing matters of record and all matters that would be revealed by a diligent inspection of the Easement Area and the 20 Foot Area. DXE also acknowledges that City makes no representations, express or implied, as to the physical condition of or title to the Easement Area or the 20 Foot Area. This Agreement does 4881-4358-1477.18 378683.00002/5-13-24//mrf -2- Page 893 not constitute, nor grant permission to use or occupy property not belonging to, or under the control of City, and permission to use or occupy such property must be obtained from the owner or controller of such property, separate from and in addition to this Agreement. 3.Authorized Improvements; Street Closures. The rights of DXE to install, maintain, and operate the Improvements are subject to any applicable laws and permitting requirements and conditions (and the City does not waive any of its rights or powers in its governmental capacity in that regard to the extent applicable). In addition, City will review and approve all such Improvement plans in its proprietary capacity as property owner prior to construction of the Improvements only to ensure consistency and no material interference with the Public Improvements (as defined below) and not to review the HSR System. Any and all street closures required for installation, maintenance, or repairs of the Improvements must be approved in advance in writing by the City Manager, and DXE shall pay or reimburse City within thirty (30) days after written demand for all costs incurred by City in connection with any such closures. 4.Standards for Rail Facilities. City acknowledges that standards promulgated by and decisions issued by the Federal Railroad Administration (“FRA”) and Surface Transportation Board (“STB”) govern the design, construction, operation, and maintenance of railroad facilities within their jurisdiction and that such regulations, standards, and decisions might as a matter of law preempt and supersede requirements that may otherwise apply under state or local laws. City acknowledges that it is not a regulatory agency under federal law or with respect to California utilities regulated by the California Public Utilities Commission, and the Parties agree that the City will have no liability for not inspecting access facilities or operations on the Easement Area (as modified to include and later exclude the portion of the 20 Foot Area on which the Driveway is located) for purposes of enforcing compliance with laws and regulations within the jurisdiction of the STB, the FRA, or the California Public Utilities Commission. Notwithstanding this Section 4, City reserves all of its governmental rights and powers, and DXE acknowledges that City is entering into this Agreement solely in its proprietary capacity. 5.Repair of Damage. (a) Damage to Public Improvements. DXE shall promptly notify the City in writing if it becomes aware of any damage to Milliken Avenue or public utilities near the location of the Driveway (“Public Improvements”). Whether or not DXE notifies the City, if any damage is caused to Milliken Avenue or Public Improvements directly or indirectly by DXE or its contractors, such repair work will be conducted by the City at DXE’s sole cost and expense, or if so authorized in writing by City, may be repaired by DXE at its sole cost and expense (whereupon DXE shall promptly coordinate with City on any necessary street closures, and promptly perform the repairs). (b)If City elects to perform repair work for which DXE has some or all responsibility, DXE shall reimburse City for its share of the reasonable costs of the repair work within thirty (30) days after delivery of a statement from City describing the costs, including a statement detailing such costs and expenses. In the event payment is not made within said thirty (30) day period, said payment shall include interest at a rate of ten percent (10%) per annum from the end of said thirty (30) day period until paid. 4881-4358-1477.18 378683.00002/5-13-24//mrf -3- Page 894 6.Encumbrance. DXE may, at any time and from time to time, encumber to any bank, insurance company or other institutional lender, herein called “Mortgagee,” by one or more deeds of trust (the “Security Instrument”), all of DXE’s interest under this Agreement and the interest created hereunder provided that (i) such Security Instrument is subject to the terms of this Agreement and all interests of the City hereunder, (ii) such Security Instrument shall not constitute in any way a lien or encumbrance on the City’s interests, and (iii) the Security Instrument shall not encumber any obligations that do not relate to the HSR System. No Mortgagee shall be liable to City as the successor to the rights and obligations of DXE under this Agreement unless and until such Mortgagee acquires the easement interest hereunder through foreclosure or other proceedings in the nature of foreclosure or as a result of an assignment in lieu of foreclosure or other assignment, action or remedy, nor shall a Mortgagee be liable for any defaults that occur after it conveys its interest in the property associated with the Easement hereunder. 7.Ownership of Improvements. All Improvements shall be owned by DXE during the duration of this Agreement, and upon the termination of this Agreement, shall become the sole property of City without compensation to DXE, or, if City so elects and upon written notice to DXE within ninety (90) days of termination, shall be demolished and removed by DXE from the Easement Area at DXE’s sole expense in a reasonable time period. If City has not provided written notice within such ninety (90) day period, DXE shall provide written notice of the termination to City. If City does not respond within thirty (30) days of delivery of such written notice, then DXE shall have no obligation to remove the Improvements. The foregoing (and defense and indemnity obligations of DXE under this Agreement) shall survive the termination of this Agreement. Nothing herein affects City’s rights or remedies as a governmental entity, such as the right to cause DXE to abate a nuisance, and in connection therewith, remove Improvements (if City has such a right as a governmental entity under applicable law). For the avoidance of doubt, the City acknowledges and agrees that the construction and operation of the HSR System in accordance with this Agreement and applicable law is not a nuisance. 8.Waiver and Release. DXE expressly waives, releases and relinquishes any and all claims, causes of action, rights and remedies DXE may now or hereafter have against City, and its officials, officers, employees, consultants, attorneys and agents (collectively, “City Entities”), whether known or unknown, arising prior to the date of this Agreement and relating to the condition of the Easement Area or Milliken Avenue, and all claims of contribution and reimbursement for costs of remediating Hazardous Materials (defined in Section 10 below) released or existing prior to the date of this Agreement in, on or near the Easement Area. DXE HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (“SECTION 1542”), WHICH IS SET FORTH BELOW: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” 4881-4358-1477.18 378683.00002/5-13-24//mrf -4- Page 895 BY INITIALING BELOW, DXE HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES: ___________ DXE’s Initials The waivers and releases by DXE contained herein shall survive the termination of this Agreement and shall be binding upon the assignees, transferees, and successors-in-interest of DXE. 9.Utilities. As between DXE and the City, any required relocation of a utility that interferes with DXE’s project within the Easement Area (as modified to include and later exclude the portion of the 20 Foot Area on which the Driveway is located) is the sole responsibility of DXE. Upon written request by DXE, City will provide utility contact information known to City and make its right-of-way utility staff available (on a reimbursable basis) for meetings with third- party utility owners to help facilitate DXE’s property access and construction and maintenance activities. 10.Hazardous Materials. (a) DXE covenants that it will not handle or transport Hazardous Materials in the Easement Area (as modified to include and later exclude the portion of the 20 Foot Area on which the Driveway is located) except for removal, transportation and disposal in compliance with laws regarding excavated soils that are or may be contaminated with Hazardous Materials. As used in this Agreement, the term “Hazardous Materials” means: (a) any substance, products, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the above cited California state statutes are hereinafter collectively referred to as “the State Toxic Substances Law”); or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance, now or at any time hereinafter in effect; (b) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or 4881-4358-1477.18 378683.00002/5-13-24//mrf -5- Page 896 federal court; (c) petroleum or crude oil, other than petroleum and petroleum products which are contained within regularly operated motor vehicles or passenger trains; and (d) asbestos. Notwithstanding the foregoing, DXE may handle and transport Hazardous Materials normally and customarily used in the development, construction and operation of railroad infrastructure, including passenger stations, that are used, stored, transported and disposed of in accordance with all applicable laws, building codes, regulations, ordinances, rules, directives, covenants, or restrictions of record. As an example only, train infrastructure typically entails refueling maintenance vehicles or using cleaning supplies for routine maintenance. (b)DXE further agrees that at City’s request it will furnish City with proof, satisfactory to City, that DXE is in compliance with all such laws, rules, regulations, orders, decisions and ordinances regarding Hazardous Materials. (c)Notwithstanding anything else contained in this Agreement, DXE shall indemnify, defend and hold harmless City from and against any and all claims, liabilities, losses, damages, costs and expenses arising from or relating to injuries to any person, including wrongful death, or damage to property, including without limitation, property of City and DXE, or otherwise (including without limitation reasonable attorneys’ fees, investigators’ fees, litigation expenses, and mitigation costs) resulting in whole or in part from DXE’s failure to comply with DXE’s obligations under this Agreement with respect to Hazardous Materials, provided, however, that the foregoing shall not apply to releases of Hazardous Materials by City Entities’ active negligence or willful misconduct or to Hazardous Materials not brought onto the Easement Area (as modified to include and later exclude the portion of the 20 Foot Area on which the Driveway is located) by DXE or its contractors. DXE agrees to reimburse City for all reasonable costs of any kind incurred as a result of the DXE’s failure to comply with this Section, including, but not limited to, judicial or administrative fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of DXE’s handling, transporting, or disposing of Hazardous Materials on, over, or across the Improvements and or Milliken Avenue or adjacent property. (d)City shall have the right at any time to inspect the Improvements in order to monitor DXE’s compliance with this Agreement. 11.Insurance. DXE shall obtain and maintain insurance, at its sole cost and expense, as required in Exhibit “C” attached hereto. 12.Indemnity. DXE shall defend, indemnify and hold City and its officials, officers, agents, employees and contractors free and harmless from and against any and all claims, demands, causes of action, costs, liabilities, expenses, losses, damages or injuries of any kind in law or equity, to persons or property, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of DXE, its partners, affiliates, agents officials, officers, employees or contractors in performance of this Agreement, use of the Easement Area (as modified to include and later exclude the portion of the 20 Foot Area on which the Driveway is located) or the construction, use, or operation of the Improvements or the failure to comply (or failure of its contractors to comply) with California Labor Code Section 1720 et seq., including without limitation Labor Code Section 1781. DXE shall further defend, indemnify and hold harmless the City and its officials, officers, agents and employees from all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings (brought against the City or its 4881-4358-1477.18 378683.00002/5-13-24//mrf -6- Page 897 departments, commissions, agents, officers, officials, or employees to challenge, attack seek to modify, set aside, void or annul any City decision made in connection with this Agreement or DXE’s use of the Easement Area (as modified to include and later exclude the portion of the 20 Foot Area on which the Driveway is located) (based on noncompliance with the California Environmental Quality Act or otherwise). DXE shall defend, with counsel reasonably acceptable to City and at DXE’s sole expense, any and all aforesaid suits, actions or proceedings, legal or affirmative, that may be brought or instituted against City, its officials, officers, agents, employees or contractors. DXE shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, agents, employees or contractors. DXE shall reimburse such parties for any and all legal expenses and costs incurred by one or all of them in connection with this Agreement or the indemnity herein provided. DXE’s obligations hereunder shall survive termination or expiration of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City or its officials, officers, agents or, employees or contractors. 13.Covenant Running With Land. This Agreement shall be deemed a covenant running with the land with respect to the Easement Area (as modified to include and later exclude the portion of the 20 Foot Area on which the Driveway is located), burdening said Easement Area and benefitting and appurtenant to the real property interests owned by DXE and associated with the HSR System. All of the covenants, obligations, and provisions of this Agreement shall be binding upon and inure to the benefit of successors, legal representatives, assigns and successors- in-interest to the Parties. Every person who now or hereafter owns or acquires any right, title, or interest in and to any portion of said Easement Area shall be conclusively deemed to have notice of this Agreement, whether or not reference to this Agreement is contained in the instrument by which such person acquires an interest in said Easement Area. Therefore, each and every contract, deed or other instrument hereinafter executed, covering or conveying said Easement Area or any portion thereof or interest therein shall conclusively be deemed to have been executed, delivered and accepted subject to this Agreement. 14.Estoppel Certificates. Each of the Parties hereto agrees, promptly upon request from the other Party hereto, to furnish from time to time in writing certificates containing truthful estoppel information and/or confirmations of the agreements, obligations and easements contained in this Agreement and otherwise in a form and substance reasonably satisfactory to the Party from whom such certificate is sought. 15.Cooperation; Further Assurances. The Parties agree to execute any reasonable documents necessary to effectuate or protect a Party’s rights under this Agreement. 16.Attorneys’ Fees. In the event either Party brings a suit, action, or other proceeding against the other Party that in any way relates to or arises out of this Agreement, the prevailing Party (meaning the Party that obtains substantially the relief sought by it) shall be entitled to have and recover from the other Party all reasonable costs and expenses of the suit, action or proceeding, including attorneys’ fees, from the commencement of the suit, action or proceeding through the entry of judgment. The trial court shall determine which Party is the prevailing Party as well as the amount of attorneys’ fees and costs to be awarded immediately following the entry of judgment (and without awaiting any appeal) in a post-trial proceeding, such as is conducted when a cost bill is submitted. If an appeal is timely filed and if the awarding or amount of attorneys’ fees and costs is at issue in the appeal, then the appellate court (or the trial court, acting pursuant to an order of 4881-4358-1477.18 378683.00002/5-13-24//mrf -7- Page 898 the appellate court) shall determine such issue, and the recoverable attorneys’ fees and costs shall include those incurred through the entry of final judgment following the appeal. 17.Miscellaneous. (a) Notices. 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: DXE:DesertXpress Enterprises, LLC 3920 W. Hacienda Ave. Las Vegas, NV 89118 Attn: General Counsel City:City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager Such notice shall be deemed made when delivered by certified mail, return receipt requested, first class postage prepaid, or by reputable overnight messenger delivery service, and addressed to the Party at its applicable address and shall be deemed delivered on the date of delivery or refusal to accept or inability to effect delivery shown on the return receipt, or one (1) business day after delivery to the messenger service for overnight delivery, as applicable. (b)Entire Understanding. This Agreement constitutes the entire understanding between the Parties, and supersedes all offers, negotiations, and other agreements concerning the subject matter contained herein. (c)Invalidity. If any provision of this Agreement is invalid or unenforceable with respect to any Party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (d)Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the successors of the respective Parties. Except as set forth in Section 6 above, this Agreement may not be assigned by either Party without the prior written consent of the other Party. (e)Governing Law. Except on subjects preempted by federal law, this Agreement will be governed by and construed in accordance with the laws of the State of California. Nothing herein is meant to be or will be interpreted to be a waiver of principles of legal preemption or preclusion that may apply to DXE because of its status as a common carrier regulated by the federal government. (f)Venue. Venue for any legal action between the Parties related to this Agreement will be in the Superior Court of San Bernardino County, California or the United States 4881-4358-1477.18 378683.00002/5-13-24//mrf -8- Page 899 District Court, Central District Court of California. The judgment in any such action may be enforced by any court of competent jurisdiction wherever located. (g)Exhibits. All exhibits attached hereto form material parts of this Time of Essence. Time is of the essence of every provision hereof in which Survival. All defense, indemnity, and payment obligations of DXE that Agreement. (h) time is a factor. (i) arise or relate to events occurring prior to the termination of this Agreement shall survive such termination. (j)Force Majeure. Notwithstanding anything to the contrary contained in this Agreement, should any fire or other casualty, act of nature, earthquake, flood, hurricane (or tropical cyclone), lightning, tornado, epidemic, landslide, war, terrorism, riot, civil commotion, general unavailability of materials, strike, slowdown, labor dispute, governmental laws or regulations, or other occurrence beyond City’s or DXE’s control prevent performance of obligations relating to construction, repair, operation, maintenance, or demolition of the Improvements under this Agreement in accordance with its provisions, provided that such event does not arise by reason of the negligence or misconduct of the performing party, (a “Force Majeure Event”) then performance of this Agreement by either party will be suspended or excused to the extent and for a period commensurate with such occurrence. (k)Limits to Remedies. Under no circumstances shall either party be liable to the other party under this Agreement for any speculative, consequential, collateral, indirect or punitive damages or for any loss of profits suffered or claimed to have been suffered; provided, however, the foregoing prohibitions shall not prohibit the recovery of any direct damages. 18.Property Taxes, Including Possessory Interest Taxes. This Agreement creates a possessory interest that may be subject to possessory interest tax (a type of California property tax), and DXE shall pay any such possessory interest taxes that may be assessed. If the Improvements are taxed as an improvement on the Easement Area, DXE shall, upon demand, pay such taxes allocable to the Improvements, as determined by the taxing authority. City shall cooperate and assist DXE, at no costs to City, in any efforts to obtain a separate assessment for the Improvements, including executing any reasonably required applications or reasonable documents. DXE shall pay when due all personal property taxes levied against or relating to the Improvements. 19.Termination. If the City and/or SBCTA subsequently takes fee title to the fee property owned by DXE and described on Exhibit “D” attached hereto, this Agreement shall automatically terminate. [Signature Page Follows] 4881-4358-1477.18 378683.00002/5-13-24//mrf -9- Page 900 The Parties have executed this Agreement as of the date first written above. DXE:CITY: DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability company CITY OF RANCHO CUCAMONGA, a California municipal corporation _______________________________ By: ____________________, MayorBy: _______________________________ Sarah Watterson President ATTEST: ______________________________ _________________, City Clerk APPROVED AS TO FORM: Nicholas Ghirelli, City Attorney 4881-4358-1477.18 378683.00002/5-13-24//mrf -10- Page 901 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ________________ ) ) On _________________________, before me, Notary Public, personally appeared , , (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 4881-4358-1477.18 378683.00002/5-13-24//mrf -11- Page 902 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____________ ) ) On _________________________, before me, Notary Public, personally appeared , , (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 4881-4358-1477.18 378683.00002/5-13-24//mrf -12- Page 903 DocuSign Envelope ID: BDC1C4C0-0544-421C-BF1F-5599C9DD95A5 EXHIBIT ‘A’ Legal Description APN: 0209-272-11 & 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive of Parcel Maps, in the Office of the County Recorder of said County, together with those portions of Milliken Avenue, as shown on said Parcel Map No. 14647 and Parcel Map No. 7555 in said City, filed in Book 77, pages 42 and 43, of Parcel Maps, in the Office of the County Recorder of said County, together with the Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County described as follows: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map No. 14647; Thence along the easterly line of said Section 13 South 00°29°50” East 17.04 feet to the Point of Beginning; Thence continuing along said easterly line South 00°29°50” East 32.96 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation line South 89°43°55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43°55 West 12.83 feet; Thence leaving said northerly line South 00°00°00” West 311.62 feet; Thence North 89°36°24” East 45.54 feet to said easterly line of Section 13; Thence continuing North 89°36°24” East 28.02 feet to the beginning of a non-tangent curve, concave southeasterly, having a radius of 2,058.70 feet, a line radial to said beginning bears North 73°05°58” West; Thence northeasterly, along said curve an arc length of 379.13 feet through a central angle of 10°33°06” to the southerly SANBAG (formerly A.T. & S.F.) Railroad Right-of- Way, as shown on said Parcel Map No. 7555; Page 1 of 23DJHRI (;+,%,7 µ$¶ /HJDO'HVFULSWLRQof Easement Area $31 7KDWSRUWLRQRI3DUFHORI3DUFHO0DS1RLQWKH&LW\RI5DQFKR&XFDPRQJD &RXQW\RI6DQ%HUQDUGLQR6WDWHRI&DOLIRUQLDILOHGLQ%RRNSDJHV WKURXJK LQFOXVLYHRI3DUFHO0DSVLQWKH2IILFHRIWKH&RXQW\5HFRUGHURIVDLG&RXQW\WRJHWKHU ZLWKWKRVHSRUWLRQVRI0LOOLNHQ$YHQXHDVVKRZQRQVDLG3DUFHO0DS1RDQG 3DUFHO0DS1RLQVDLG&LW\ILOHGLQ%RRNSDJHVDQGRI3DUFHO0DSVLQ WKH2IILFHRIWKH&RXQW\5HFRUGHURIVDLG&RXQW\WRJHWKHUZLWKWKH5DQFKR&XFDPRQJD 0HWUROLQN6WDWLRQ3KDVH,LQWKH*UDQW'HHGUHFRUGHG2FWREHU DV'RFXPHQW 1R RI2IILFLDO5HFRUGVRIVDLG&RXQW\GHVFULEHGDVIROORZV &RPPHQFLQJDWWKHQRUWKHDVWFRUQHURI6HFWLRQRI7RZQVKLS6RXWK5DQJH:HVW 6DQ%HUQDUGLQR0HULGLDQDVVKRZQRQVDLG3DUFHO0DS1R 7KHQFHDORQJWKHHDVWHUO\OLQHRIVDLG6HFWLRQ6RXWK ¶´(DVWIHHWWRWKH 3RLQWRI%HJLQQLQJ 7KHQFHFRQWLQXLQJDORQJVDLGHDVWHUO\OLQH6RXWK ¶´(DVW IHHWWRWKH LQWHUVHFWLRQRIWKHHDVWHUO\SURORQJDWLRQRIWKHQRUWKHUO\OLQHRIVDLG5DQFKR&XFDPRQJD 0HWUROLQN6WDWLRQ3KDVH, 7KHQFHDORQJVDLGHDVWHUO\SURORQJDWLRQOLQH6RXWK ¶:HVWIHHWWRWKH QRUWKHDVWHUO\FRUQHURIVDLG5DQFKR&XFDPRQJD0HWUROLQN6WDWLRQ3KDVH, 7KHQFHFRQWLQXLQJDORQJVDLGQRUWKHUO\OLQH6RXWK ¶:HVWIHHW 7KHQFHOHDYLQJVDLGQRUWKHUO\OLQH6RXWK¶´:HVWIHHW 7KHQFH1RUWK ¶´(DVWIHHWWRVDLGHDVWHUO\OLQHRI6HFWLRQ 7KHQFHFRQWLQXLQJ1RUWK ¶´(DVWIHHWWRWKHEHJLQQLQJRIDQRQWDQJHQW FXUYHFRQFDYHVRXWKHDVWHUO\KDYLQJDUDGLXVRIIHHWDOLQHUDGLDOWRVDLG EHJLQQLQJEHDUV1RUWK¶´:HVW 7KHQFHQRUWKHDVWHUO\DORQJVDLGFXUYHDQDUFOHQJWKRI IHHWWKURXJKDFHQWUDO DQJOHRI¶´WRWKHVRXWKHUO\6$1%$* IRUPHUO\$7 6) 5DLOURDG5LJKWRI :D\DVVKRZQRQVDLG3DUFHO0DS1R DocuSign Envelope ID: BDC1C4C0-0544-421C-BF1F-5599C9DD95A5 Thence along said southerly line South 87°55°10” West 174.03 feet to the Point of Beginning. Parcel contains 46,425 square feet, more or less. The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibit ‘A-1" attached hereto and made a part hereof. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: > S = Sean M. Smith, PLS 8233 Date: 9/22/2022 Page 2 of 23DJHRI 7KHQFHDORQJVDLGVRXWKHUO\OLQH6RXWK¶´:HVWIHHWWRWKH3RLQWRI %HJLQQLQJ 3DUFHOFRQWDLQVVTXDUHIHHWPRUHRUOHVV 7KHEHDULQJVDQGGLVWDQFHVXVHGLQWKHDERYHGHVFULSWLRQDUHEDVHGRQWKH&DOLIRUQLD &RRUGLQDWH6\VWHPRI &&6 =RQHHSRFK'LYLGHGLVWDQFHVVKRZQE\ WRREWDLQJURXQGGLVWDQFH 6HH([KLELWµ$¶DWWDFKHGKHUHWRDQGPDGHDSDUWKHUHRI 7KLVUHDOSURSHUW\GHVFULSWLRQKDVEHHQSUHSDUHGE\PHRUXQGHUP\GLUHFWLRQLQ FRQIRUPDQFHZLWKWKH3URIHVVLRQDO/DQG6XUYH\RU¶V$FW %XV 3URI&RGH 6LJQDWXUH BBBBBBBBBBBBBBBBBBBBBB 6HDQ06PLWK3/6 'DWH BBBBBBBBBBBBBBBBBBBB9/22/2022 DocuSign Envelope ID: BDC1C4C0-0544-421C-BF 1F-5599C9DD95A5 [) 1] EARIBIT 'A-f 0209-272-22 RAW "apne 0229-111-20 NORTHEAST APN: 0209-143-2/ J _R/W . 1994-0409793, 0.R., EC. 10/06/1994 Va 0209-2r2-11 ing —/ EASTERLY PH APN: 0209-272-22 PARCEL |S PARC el IAT NO, P.M.BL. 1T77/90- CEL | EL MAP Pa PME EASTERLY une —" SECTION 13 = AZUSA COURT CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO THIS PLAT WAS PREPARED Indicates area to be UNDER MY DIRECTION acquired Point Of Commencement = Point of Beginning Se 9/27/2022 SEAN M. SMITH, PLS 8233 DATE Square Feet Right-of-Way Radial Bearing PREPARED BY: PSOMAS 1650 Spruce Street, Suite 400 Riverside, California 92507 (951)787-8421 www.psomas.com 9/27/2022 EXHIBIT 'A-1' DocuSign Envelope ID: BDC1C4C0-0544-421C-BF1F-5599C9DD95A5 EXHIBIT ‘B’ Legal Description APN: N/A That portion of “Additional Widening to Milliken Avenue” shown on Parcel Map No. 7555, in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 77, pages 42 and 43, of Parcel Maps, in the Office of the County Recorder of said County, described as follows: Commencing at the northeast corner of Section 13, Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13 South 00°29°50” East 17.04 to the southerly line of A.T. & S.F. Railroad Right-of-Way as shown on said Parcel Map; Thence along said southerly line North 87°55°10” East 174.03 feet to the beginning of a non-tangent curve, concave southeasterly, having a radius 2,058.70 feet, a radial line to said beginning bears North 62°32°52” West, said beginning also being the Point of Beginning; Thence southwesterly, along said curve an arc length of 379.13, feet through a central angle of 10°33°06”; Thence leaving said curve North 89°36°24” East 20.96 feet to the beginning of a non- tangent curve, concave southeasterly, having a radius of 2,038.70 feet, a radial line to said beginning bears North 72°55°27” West, said curve being concentric with and distant 20.00 feet southeasterly, as measured radially, to last said curve course; Thence northeasterly, along said curve, an arc length of 380.57 feet, through a central angle of 10°41°44” to said southerly line; Thence along said southerly line South 87°55°10” West 23.02 feet to the Point of Beginning. Parcel contains 7,597 square feet, more or less. The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by 0.9999392898 to obtain ground distance. Page 1 of 2 3DJHRI (;+,%,7µ%¶ /HJDO'HVFULSWLRQof 20 Foot Area $31 1$ 7KDWSRUWLRQRI³$GGLWLRQDO:LGHQLQJWR0LOOLNHQ$YHQXH´VKRZQRQ3DUFHO0DS1R LQWKH&LW\RI5DQFKR&XFDPRQJD&RXQW\RI6DQ%HUQDUGLQR6WDWHRI&DOLIRUQLD ILOHGLQ%RRNSDJHVDQGRI3DUFHO0DSVLQWKH2IILFHRIWKH&RXQW\5HFRUGHU RIVDLG&RXQW\GHVFULEHGDVIROORZV &RPPHQFLQJDWWKHQRUWKHDVWFRUQHURI6HFWLRQ7RZQVKLS6RXWK5DQJH:HVW 6DQ%HUQDUGLQR0HULGLDQDVVKRZQRQVDLG3DUFHO0DS 7KHQFHDORQJWKHHDVWHUO\OLQHRIVDLG6HFWLRQ6RXWK ¶´(DVWWRWKH VRXWKHUO\OLQHRI$7 6)5DLOURDG5LJKWRI:D\DVVKRZQRQVDLG3DUFHO0DS 7KHQFHDORQJVDLGVRXWKHUO\OLQH1RUWK¶´(DVWIHHWWRWKHEHJLQQLQJRID QRQWDQJHQWFXUYHFRQFDYHVRXWKHDVWHUO\KDYLQJDUDGLXVIHHWDUDGLDOOLQHWR VDLGEHJLQQLQJEHDUV1RUWK¶´:HVWVDLGEHJLQQLQJDOVREHLQJWKH3RLQWRI %HJLQQLQJ 7KHQFHVRXWKZHVWHUO\DORQJVDLGFXUYHDQDUFOHQJWKRI IHHWWKURXJKDFHQWUDO DQJOHRI¶´ 7KHQFHOHDYLQJVDLGFXUYH1RUWK ¶´(DVW IHHWWRWKHEHJLQQLQJRIDQRQ WDQJHQWFXUYHFRQFDYHVRXWKHDVWHUO\KDYLQJDUDGLXVRIIHHWDUDGLDOOLQHWR VDLGEHJLQQLQJEHDUV1RUWK¶´:HVWVDLGFXUYHEHLQJFRQFHQWULFZLWKDQGGLVWDQW IHHWVRXWKHDVWHUO\DVPHDVXUHGUDGLDOO\WRODVWVDLGFXUYHFRXUVH 7KHQFHQRUWKHDVWHUO\DORQJVDLGFXUYHDQDUFOHQJWKRIIHHWWKURXJKDFHQWUDO DQJOHRI¶´WRVDLGVRXWKHUO\OLQH 7KHQFHDORQJVDLGVRXWKHUO\OLQH6RXWK¶´:HVWIHHWWRWKH3RLQWRI %HJLQQLQJ 3DUFHOFRQWDLQV VTXDUHIHHWPRUHRUOHVV 7KHEHDULQJVDQGGLVWDQFHVXVHGLQWKHDERYHGHVFULSWLRQDUHEDVHGRQWKH&DOLIRUQLD &RRUGLQDWH6\VWHPRI &&6 =RQHHSRFK'LYLGHGLVWDQFHVVKRZQE\ WRREWDLQJURXQGGLVWDQFH DocuSign Envelope ID: BDC1C4C0-0544-421C-BF1F-5599C9DD95A5 See Exhibit ‘B-1’ attached hereto and made a part hereof. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: <<. SS = Sean M. Smith, PLS 8233 Date: 9/27/2022 Page 2 of 2 3DJHRI 6HH([KLELWµ%¶DWWDFKHGKHUHWRDQGPDGHDSDUWKHUHRI 7KLVUHDOSURSHUW\GHVFULSWLRQKDVEHHQSUHSDUHGE\PHRUXQGHUP\GLUHFWLRQLQ FRQIRUPDQFHZLWKWKH3URIHVVLRQDO/DQG6XUYH\RU¶V$FW %XV 3URI&RGH 6LJQDWXUH BBBBBBBBBBBBBBBBBBBBBB 6HDQ06PLWK3/6 'DWH BBBBBBBBBBBBBBBBBBBB 9/27/2022 DocuSign Envelope ID: BDC1C4C0-0544-421C-BF1F-5599C9DD95A5 amislT 'B-1" POC NORTHEAST COR. SEC. 13 | NV E N U E OL D MI L L I K E N PARC NO, P.M.B., AZUSA COURT CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO Indicates area to be acquired Point Of Commencement Point of Beginning Square Feet Radial Bearing Right-of-Way PREPARED BY: PSOMAS 1650 Spruce Street, Suite 400 Riverside, California 92507 (951)787-8421 www.psomas.com THIS PLAT WAS PREPARED UNDER MY DIRECTION SS. 2 9/28/2022 SEAN M. SMITH, PLS 8233 DATE 9/28/2022 EXHIBIT 'B-1' EXHIBIT “C” REQUIRED INSURANCE (a)Prior to Construction. On or before DXE’s entry onto the Easement Area, DXE shall procure and maintain, at its sole cost and expense, the following insurance: (1) Commercial General Liability (CGL) with a limit not less than twenty-five million dollars ($25,000,000) per each occurrence and a general aggregate limit of not less than twenty-five million dollars ($25,000,000) providing coverage for bodily injury, property damage, and personal injury through any combination of primary and excess or umbrella liability insurance policies with limits restating annually. The CGL insurance must be written on an ISO occurrence form CG 00 01 04 13 or (with approval from City) substitute forms at least as broad as CG 00 01 04 13 coverage. All excess or umbrella policies must be “follow form” and afford no less coverage than the primary policy. Such CGL must provide coverage to the Indemnified Parties as additional insureds using ISO Additional Insured Endorsement CG 20 10. Coverage shall be provided to the Indemnified Parties for claims proximately caused by reason of the uses authorized by this Agreement and the location and placement of improvements within the Easement Area, unless caused by an Indemnified Party’s gross negligence or willful misconduct. (b)Insurance During Construction. Prior to commencing physical construction within the Easement Area, DXE shall procure or cause to be procured and maintained throughout construction the following insurance coverage: (1)Liability Insurance. Commercial General Liability (CGL) with a limit not less than three hundred million dollars $300,000,000 each occurrence, three hundred million dollars ($300,000,000) products and completed operations aggregate, and a general aggregate limit of not less than three hundred million dollars ($300,000,000) providing coverage for bodily injury, property damage, and personal injury through any combination of primary and excess or umbrella liability insurance policies with one reinstatement general aggregate limit for the period of the policy(ies) term. Such policies must be project-specific with dedicated limits to the Project. The CGL insurance must be written on an ISO occurrence form CG 00 01 04 13 or (with approval from City) substitute forms providing equivalent coverage. All excess or umbrella policies must be “follow form” and afford no less coverage than the primary policy. Such CGL must cover the Indemnified Parties as additional insureds using ISO Additional Insured Endorsement CG 20 26 or 20 10 and accompanied by 20 37 or equivalent forms with approval from City providing coverage to the additional insured for completed operation losses. Coverage must be provided to the Indemnified Parties for claims proximately caused by reason of the uses authorized by this Agreement, unless caused by an Indemnified Party’s gross negligence or willful misconduct. The policy or policies shall be endorsed to remove exclusions pertaining to any railroads. There must not be any endorsement or modification of the CGL limiting the scope of coverage for liability assumed under an insured contract. Completed operations coverage must extend for as long as there is any exposure to liability under a statute of repose or any other applicable statute of limitations. If completed operations coverage through the end of statutory exposure is not commercially available, completed operations coverage must extend for at least ten (10) years from the completion date of the Project. All excess or umbrella policies must contain a drop-down clause in the event of exhaustion of primary limits and provide coverage for primary CGL. EXHIBIT “C”4881-4358-1477.18 378683.00002/4-7-24//mrf -1- Page 910 (2)Commercial Automobile Insurance. During all phases of the Project, DXE shall provide evidence of commercial business auto coverage written on ISO form CA 00 01 10 01 (or, with approval from City, substitute form providing equivalent liability coverage) with a limit not less than one million dollars ($1,000,000) for each accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non-owned autos). The policy must contain an endorsement for coverage to operations in connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). During all phases of the Project, DXE shall require its general contractor to provide (and shall ensure that its general contractor does provide) evidence of commercial business auto coverage written on ISO form CA 00 01 10 01 (or, with approval from City, substitute form providing equivalent liability coverage) with a limit not less than twenty-five million dollars ($25,000,000) for each accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non-owned autos) and can be satisfied by a combination of primary and excess and/or umbrella policies. The policy(ies) must contain an endorsement for coverage to operations in connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). All excess or umbrella policies shall contain a drop-down clause in the event of exhaustion of primary limits and provide coverage for primary auto liability. (3)Workers’ Compensation and Employers Liability Insurance. During all phases of the Project, DXE shall provide evidence of Workers’ Compensation insurance as required under California statute including coverage for Employer’s Liability with limits of at least one million dollars ($1,000,000) each accident, one million dollars ($1,000,000) each employee by disease, and a policy limit of one million dollars ($1,000,000) by disease. The excess liability policy must include employer’s liability coverage limits to at least twenty-five million dollars ($25,000,000) and can be satisfied by a combination of primary and excess and/or umbrella policies. The workers’ compensation policies must provide the following: a. b. c. A waiver of subrogation in favor of City and the Indemnified Parties; A provision extending coverage to all states’ operations; A voluntary compensation endorsement; d.An alternative employer endorsement, if applicable to DXE operations; e.Coverage for liability under the United States Longshore and Harbor Workers’ Compensation Act on an “if any” basis or as otherwise appropriate; f.Coverage for liability under Title 46 of the U.S.C. § 688 (“Jones Act”) on EXHIBIT “C”4881-4358-1477.18 378683.00002/4-7-24//mrf -2- Page 911 an “if any” basis or as otherwise appropriate; and g.An endorsement extending the policy to cover the liability of the insureds under the Federal Employer’s Liability Act on an “if any” basis or as otherwise appropriate. (4)Professional Liability Insurance. During all phases of the Project, DXE shall provide evidence of professional liability insurance, including prior acts coverage sufficient to cover all claims arising out of any professional services, including without limitation engineering, architectural, or land surveying work required in constructing the Project on the Easement Area, procured, and maintained by those third parties performing such work for or on behalf of DXE. For the lead design contractor for the improvements in privity with DXE, the coverage must not be less than ten million dollars ($10,000,000) per claim and in the aggregate. For environmental assessments, land surveying work and any other site work, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For architectural, geotechnical engineers, and electrical engineers, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For structural engineers and civil engineers relating to the Project, the coverage must not be less than five million dollars ($5,000,000) per claim and in the aggregate. DXE shall also require any member of its design build team, any subconsultant, or any subcontractor performing professional design services for any portion of the Project, to obtain and maintain (and shall ensure that they do obtain and maintain) professional liability insurance providing the same coverage, with limits of at least one million dollars ($1,000,000) per claim and in the aggregate. DXE shall procure and maintain a project specific Owner’s Protective Professional Indemnity (OPPI) policy that provides coverage with limits of at least twenty-five million dollars ($25,000,000) per claim and in the aggregate for claims arising out of the liability of design and construction professionals. Such coverage must include coverage for claims filed directly against DXE by third-parties alleging negligence (arising from professional services of design firms). No self-insured retention for DXE or any lead design entity is permitted to exceed five hundred thousand dollars ($500,000), unless commercially unavailable and without prior written approval from City, in its good faith discretion. Coverage must apply specifically to professional activities performed or contracted by DXE in support of the Project. The policy(ies) must have a retroactive date consistent with the inception of the first date of design or project or construction management activities, and no later than the date on which any contract or subcontract was issued. DXE agrees to maintain or to require its design professionals, subconsultants, or design-build subcontractors to maintain (and shall ensure that they do maintain), as appropriate, this required coverage for a period of no less than three years after the commencement of revenue service or to purchase an extended reporting period for no less than three years after the commencement of revenue service. If the contractor is working with a separate lead design entity, contractor must (and DXE shall ensure that contractor does) require the lead design entity to agree to maintain this coverage for a period of no less than three (3) years after the commencement of revenue service or to purchase an extended reporting period for no less than three (3) years after the commencement of revenue service. EXHIBIT “C”4881-4358-1477.18 378683.00002/4-7-24//mrf -3- Page 912 (5)Contractor’s Pollution Liability. DXE shall procure or cause to be procured contractor’s pollution liability (“CPL”) coverage throughout the period of construction. Coverage must be provided by a stand-alone policy with Project dedicated limits of no less than twenty-five million dollars ($25,000,000) per occurrence and twenty-five million dollars ($25,000,000) in the aggregate per policy period dedicated to the Project. Coverage must be written on an occurrence basis and extended for a minimum ten (10) year period with a separate limit available exclusively to the Project. The CPL policy must include coverage for investigation, removal, and remediation costs including monitoring or disposal of contaminated soil, surface water, groundwater or other media to the extent required by environmental laws caused by pollution conditions resulting from or exacerbated by covered operations; third-party bodily injury and property damage, provided that the third-party property damage liability coverage includes loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by or from conditions exacerbated by covered operations. The policy must have no exclusions or limitations for loss occurring over water including but not limited to a navigable waterway or for lead or asbestos. Coverage as required in this Section shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL policy must also provide coverage for losses due to loading, unloading or transportation and liability imposed by off-site disposal of materials at a third-party disposal site including testing, monitoring, measuring operations or laboratory analysis and remediation. If the scope of work includes the disposal of any hazardous or non-hazardous materials from the job site, DXE shall furnish City evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of five million dollars ($5,000,000) per loss and an annual aggregate of five million dollars ($5,000,000). (6)Railroad Protective Liability. DXE shall provide, or cause to be maintained, any coverage as may be required by any railroad as a condition of the railroad’s consent for entry onto railroad facilities or property. Such policy shall be effective during the period any construction is being performed within 50 feet of any railroad ROW. Coverage shall be written on Insurance Services Office occurrence Form CG 00 35 (or, with approval from City, substitute form providing equivalent coverage) on behalf of any railroad as a named Insured, with a limit specified by any railroad. 20.2.1.7. (7)Builder’s Risk Insurance. DXE shall, upon commencement of construction and with approval of City, obtain and maintain a policy of builder’s risk insurance for the Project. Coverage shall be written on an “all risk” basis and provided through a stand-alone policy dedicated solely to the Project. The insureds must include the contractor, all subcontractors (excluding those solely responsible for design work) of any tier, suppliers, and SBCTA, and City. Coverage must include property owned by City and the Indemnified Parties that is part of the Project and must not be limited by use of the phrase “as their interests may appear.” The policy must cover all property, roads, buildings, bridge structures, other structures, fixtures, materials, supplies, foundations, pilings, machinery and equipment (excluding contractor’s equipment) that are part of or related to the portions or elements of the Project, and the works of improvement, including permanent and temporary works and on-site materials, and including goods intended for EXHIBIT “C”4881-4358-1477.18 378683.00002/4-7-24//mrf -4- Page 913 incorporation into the works located at the Easement Area, in storage or in the course of transit to the Easement Area and all improvements that are within the Easement Area. The builder’s risk policy must include coverage for: a.Any ensuing loss from faulty workmanship or nonconforming work, including L.E.G. 3 wording; b.Machinery accidents and operational testing involving equipment covered by the policy; c.Removal of debris, with a sublimit of twenty-five percent (25%) of the loss subject to a limit of twenty-five million dollars ($25,000,000) and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; d.Transit, including ocean marine coverage (unless insured by the supplier or through a separate marine cargo policy), with sub-limits sufficient to insure the full replacement value of any key equipment item; e.Replacement value of any property or equipment stored either on or off the Easement Area; f.Coverage limits sufficient to insure for the following perils subject to applicable sub-limits for these perils based on the probable maximum loss of the insured property: • Collapse; • Terrorism; • Earthquake; • Flood; g.Plans, blueprints and specifications; and h.Demolition and increased cost of construction as required by law or ordinance subject to applicable sub-limits. There must be no coinsurance penalty provision in any such policy. All deductibles or self-insured retentions must be the sole responsibility of DXE. The policy must provide a “severability of interests provision,” “multiple insured’s clause” or similar wording that the policy is to apply to each insured as if a separate policy had been issued to each insured except as to limits. DXE shall also require the general contractor and its subcontractors to procure and maintain (and shall ensure that they do procure and maintain) coverage for tools and equipment EXHIBIT “C”4881-4358-1477.18 378683.00002/4-7-24//mrf -5- Page 914 owned, leased or used by the general contractor or subcontractors in the performance of their work under this contract. Upon completion of construction of the Project and prior to commencing operations of the Project within the Easement Area, DXE shall provide evidence of “all risk” property insurance covering the Project/Improvements, with coverage sufficient to cover the probable maximum loss of such improvements and alterations made by DXE pursuant to the terms hereof, which must include “all risk” coverage using the ISO Causes of Loss - Special Form or (with approval from City) its equivalent, as well as flood insurance, subject to applicable sub-limits for natural hazard exposures based on the probable maximum loss of such improvements. (c)Insurance During Operations. Upon the commencement of revenue service operations, DXE shall procure and maintain, at its sole cost and expense, Commercial General Liability (CGL) with a limit not less for personal injury, death, and property damage in an amount not less than three hundred twenty-three million dollars ($323,000,000), or such other limit of liability as Congress may establish from time to time applicable to DXE’s passenger rail operations. Such policy or policies must provide coverage to all Indemnified Parties as additional insureds. All excess or umbrella policies must be “follow form” and afford no less coverage than the primary policy and the policies up to three hundred twenty-three million dollars $323,000,000 must include one reinstatement limit for the period of the policy(ies) term. (d)Self Insurance. The policy or policies under which coverage required by this Agreement is provided may include a deductible or self-insured retention not in cumulative excess of ten million dollars ($10,000,000) on the condition that: (1)Each insurance policy expressly provides that the obligations of the policy issuer to City as an additional insured are not to be diminished in any way by DXE’s failure to pay its deductible or self-insured retention obligation for any reason; (2)DXE provides a declaration under penalty of perjury by a Certified Public Accountant (CPA) acceptable to City and who shall apply a Fiduciary Standard of Care, certifying the accountant has applied Generally Accepted Accounting Principles (GAAP) guidelines confirming that DXE has sufficient funds and resources to cover any self-insured retentions if the cumulative self-insured retentions from all required insured policies are in excess of one million dollars ($1,000,000); and (3)DXE promptly pays any and all amounts due under such deductible or self- insured retention in lieu of insurance proceeds that would have been payable if the insurance policies had not included a deductible or self-insured retention amount. (e)Definition of “Self Insurance”. As used in this Agreement, “self insurance” means that DXE is itself acting as if it were the insurance company providing the insurance required under the provisions of this Agreement. (f)Evidence of Insurance. In accordance with the insurance requirements above, DXE shall furnish evidence of insurance reasonably acceptable to City before DXE enters the Easement EXHIBIT “C”4881-4358-1477.18 378683.00002/4-7-24//mrf -6- Page 915 Area, before commencing physical construction of the Project within the Easement Area, and before the beginning of operations, as applicable. DXE shall provide City with satisfactory evidence of renewal or replacement insurance no later than thirty (30) days after the expiration or termination of such insurance. DXE shall submit full copies of the commercial general liability policy, excess/umbrella liability policy, builder’s risk policy, and the project-specific professional liability policy or binders with full specimen copies of the forms for each policy until such time as full copies of the policies are available. This requirement applies prior to DXE starting work on the Project, including all subsequent renewal policies. Certificates of insurance are required for all other lines of insurance. If, through no fault of DXE, any of the coverage required becomes unavailable, DXE shall provide good faith alternative insurance packages and programs, subject to prior approval by City, with the goal of reaching agreement on a package providing coverage equivalent to that specified herein. (g)Additional Insured Coverage.All policies, except those for Workers’ Compensation and Professional Liability insurance, must be endorsed by ISO Form CG 20 10 11 85, or if not available, then ISO Form CG 20 38, to name the Indemnified Parties as additional insureds. With respect to general liability arising out of or connected with work or operations performed by or on behalf of DXE under this Agreement, coverage for such additional insureds must not extend to liability to the extent prohibited by section 11580.04 of the Insurance Code. The additional insured endorsements must not limit the scope of coverage for City to vicarious liability but shall allow coverage for City to the full extent provided by the policy. (h)Waiver of Subrogation Rights. To the fullest extent permitted by law, DXE hereby waives all rights of recovery under subrogation against the additional insureds named herein, and any other tenant, contractor, subcontractor or sub-subcontractor performing work or rendering services on behalf of City, in connection with the planning, development and construction of the Project. To the fullest extent permitted by law, DXE shall require similar written express waivers and insurance clauses from each of its subcontractors of every tier. DXE shall require all of the policies and coverages required in this Section to waive all rights of subrogation against the additional insureds (ISO Form CG 24 04 05 09). Such insurance and coverages provided must not prohibit DXE from waiving the right of subrogation prior to a loss or claim. (i)Eligible Insurers. If policies are written by insurance carriers authorized and admitted to do business in the state of California, then the insurance carriers must have a current A.M. Best rating of A-VIII or better and if policies are written by insurance carriers that are non- admitted but authorized to conduct business in the state of California, then they must meet the current A.M. Best rating of A-:X or better, unless otherwise approved in writing by City. DXE shall furnish to City, not less than fifteen (15) days before the date the insurance is first required to be carried by DXE, and thereafter before the expiration of each policy, true and correct certificates of insurance, using the appropriate ACORD form of certificate or its equivalent, evidencing the coverages required under this Section, with a copy of each policy, if requested by City. Such certificates must provide that should any policies described therein be cancelled before the expiration date thereof, notice is to be delivered to the certificate holder by the insurer in accordance with the policy provisions regarding same. Further, DXE agrees that the insurance coverage required hereunder is not to be terminated or modified in any material way without thirty (30) days advance written notice from DXE to City. EXHIBIT “C”4881-4358-1477.18 378683.00002/4-7-24//mrf -7- Page 916 (j)Cure. If DXE fails to procure and maintain insurance required under this Agreement or fails to meet its obligations with respect to any deductible or self-insured retention amount under this Agreement, subject to the provisions herein, City is entitled, after thirty (30) days prior written notice to DXE of DXE’s default hereunder and DXE’s failure to cure such default within said thirty (30) days, ten (10) days for non-payment, to require DXE to immediately discontinue all construction activities related to the Project and immediately discontinue operation of the Project until DXE has provided City reasonably satisfactory evidence that the required insurance has been obtained and the other obligations of DXE under this Section have been met. No cessation of construction or operations required by City under this Section releases or relieves DXE of any of its other obligations under this Agreement. EXHIBIT “C”4881-4358-1477.18 378683.00002/4-7-24//mrf -8- Page 917 EXHIBIT ‘D1’ Legal Description of the DXE Property APN: 0209-272-11, 0209-272-22, & 0209-143-21 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive of Parcel Maps, in the Office of the County Recorder of said County, together with a portion of the SANBAG (formerly A.T. & S.F.) Railroad Right-of-Way, as shown on said Parcel Map, filed in the Office of said County Recorder, within Section 13, Township 1 South, Range 7 West, San Bernardino Meridian, together with a portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County, described as follows: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 12.83 feet to the Point of Beginning; Thence South 00°00’00” West 568.51 feet to the southeasterly line of Parcel 15 per said Parcel Map; Thence along said southeasterly line South 46°46’47” West 23.71 feet to the southerly line of said Parcel 15; Thence along said southerly line South 89°36’24” West 269.11 feet to the beginning of a tangent curve, concave northwesterly, having a radius of 117.00 feet; Thence northeasterly, along said curve, being the southwesterly line of said Parcel 15, through a central angle of 29°43’39” an arc length of 60.70 feet; Preliminary 05/23/2024 11:38:22 AM Page 1 of 2 Page 918 Thence leaving said southerly line North 00°10’37” West 569.98 feet to said northerly line of the Rancho Cucamonga Metrolink Station Phase I; Thence North 00°10’37” West 33.38 feet; Thence North 87°50’29” East 346.61 feet; Thence South 00°00’00” East 44.81 feet to the Point of Beginning; Excepting therefrom only that certain eight-foot-high parcel described in Exhibit B1 to that that certain Conditions, Covenants, Restrictions and Easements between the parties recorded concurrently herewith. Parcel contains 225,143 square feet, more or less. See Exhibits ‘D2’ attached hereto and made a part hereof. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: ______________________ Sean M. Smith, PLS 8233 Date: ____________________ Preliminary 05/23/2024 11:38:26 AM Page 2 of 2 Page 919 D2 PARCEL Preliminarydescribed 05/23/2024 11:38:27 AM Page 920 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: DesertXpress Enterprises, LLC 8329 W. Sunset Road, Suite 150 Las Vegas, NV 89113 Attn: David Pickett, Esq. With a copy to: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager San Bernardino County Transportation Authority 1170 W. Third Street, 2nd Floor San Bernardino, CA 92410 Attn: Director of Transit and Rail SPACE ABOVE THIS LINE FOR RECORDER’S USE Free Recording Requested per Government Code 27383. CONDITIONS, COVENANTS, RESTRICTIONS AND EASEMENTS (RANCHO CUCAMONGA HSR STATION) These Conditions, Covenants, Restrictions and Easements (RANCHO CUCAMONGA HSR STATION) (this “Agreement”) are entered into by and among the CITY OF RANCHO CUCAMONGA, a California municipal corporation (the “City”), the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a public entity (“SBCTA”), and together with the City, the “Public Agencies”, and DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability company d/b/a Brightline West and qualified to do business in California (“Developer”). The City, SBCTA, and the Developer may hereinafter be referred to individually as a “Party” and collectively as the “Parties”. R E C I T A L S : A.Concurrently herewith, Developer acquired from the Public Agencies that certain real property legally described on Exhibit A attached hereto (the “Station Property”) for the purpose of developing a train station and related infrastructure for a privately owned and publicly ATTACHMENT 24877-5650-6677.28 378683.00002/4-12-24/amc/mrf -1- Page 921 accessible high-speed passenger railroad and local rail service, including station parking facilities and related station uses, subject to easements reserved by the Public Agencies (the “Reserved Easements”) in the grant deed, recorded immediately prior hereto, whereby Developer acquired the Station Property (the “Grant Deed”), all in accordance with the terms and conditions of that certain Disposition and Development Agreement, dated October 5, 2022, entered into between the Parties (as amended by the first, second, third and fourth amendments, the “DDA”). The Station Property expressly excludes the Surface Property (defined below). B.The Public Agencies retained ownership of that certain real property legally described on Exhibit B attached hereto (the “Surface Property”) for the purpose of continuing to operate surface parking separate and distinct from the HSR Station (defined below). C.The Station Property and the Surface Property (each individually a “Property” and collectively, the “Properties”) are adjacent to a transit center owned and operated by the Public Agencies and which currently includes public parking and connections to the passenger railroad service operated and maintained by SCRRA (“Metrolink”) and public buses (collectively, “Transit Center”). The Transit Center includes without limitation the real property on which the Transit Center is located as legally described on Exhibit C attached hereto. D.The Station Property and the Surface Property are two legally independent separate interests in real property. The Station Property is above and below the Surface Property, there are easements that travel through specific limited areas of the Surface Property that permit columns and specific utilities adjacent to such columns to traverse through and exist within such specific limited areas of the Surface Property to support the HSR Station and the Surface Property requires certain easements over the Station Property to connect with the adjacent Transit Center, all as further described herein. The Parties are entering into this Agreement to establish easements, covenants and restrictions, all intended to establish and protect the estates, general plan of ownership, use and enjoyment of each Party’s Property. E.The Public Agencies and the Developer intend that this Agreement be a covenant running with the land pursuant to Section 1468 of the California Civil Code. NOW, THEREFORE, for good and valuable consideration, the Parties hereby confirm the accuracy of the foregoing recitals, and covenant and agree as follows: A G R E E M E N T : 1.DEFINITIONS. The following is not an exhaustive list of all defined terms in this Agreement and excludes many defined terms used in only one Section hereof, but instead includes certain key defined terms that are used throughout this Agreement. 1.1 Agreement. As set forth in the preamble above, Agreement means these Conditions, Covenants, Restrictions and Easements, as amended from time to time. 1.2 City. As set forth in the preamble above, City means the City of Rancho Cucamonga, California. 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -2- Page 922 1.3 Developer Permittee. Developer Permittee means employees, agents, visitors, contractors, patrons, guests or invitees of Developer. 1.4 1.5 DDA. DDA is defined in Recital A. HSR Station. HSR Station means that certain private, but publicly accessible, passenger train station, including all train platforms, common areas, and parking areas located on the Station Property and columns within easements within the Surface Property, but otherwise expressly excluding the Surface Property, including: 1.5.1 the shell (including the exterior skin) and core of the HSR Station; 1.5.2 all structural support elements existing in, on, under and throughout the HSR Station shell and core, including all footings, girders, columns, braces, foundations, load- bearing walls, utility-bearing walls and other standard support elements, and every wall, column, floor, ceiling, footing, foundation or other vertical or horizontal improvement in the HSR Station; 1.5.3 the elevators, including the elevator shafts, elevator cabs, doors, elevator lobbies, and related machinery and equipment rooms, if any, in, to and serving the HSR Station; 1.5.4 area drains, scuppers, stairways, vaults, mechanical shafts, pipes, lines, mains, conduits, flues, risers, auxiliary generator room, clarifier, and any other equipment, fixtures, machinery, system or apparatus in, to and which benefit the HSR Station; and 1.5.5 any fire and life safety and sprinkler systems in, to and serving the HSR Station, including alarms, fire sprinkler pipes, and the sensors, pipes and fire sprinkler heads. 1.6 Metrolink. Metrolink is defined in Recital C. 1.7 Official Records. Official Records means the Official Records of San Bernardino County, California. 1.8 Party. Party is defined in the preamble. Permittee. Permittee means either a Developer Permittee or a Public1.9 Agency Permittee. 1.10 Properties. Properties is defined in Recital C. 1.11 Public Agencies Permittee. Public Agencies Permittee means employees, agents, visitors, contractors, patrons, guests or invitees of either or both of the Public Agencies. 1.12 San Gabriel Subdivision Lease Agreement. San Gabriel Subdivision Lease Agreement means that certain San Gabriel Subdivision Lease Agreement entered into between SBCTA and Developer, dated March 2, 2022. 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -3- Page 923 1.13 SBCTA. As set forth in the preamble above, SBCTA means San Bernardino County Transportation Authority. 1.14 Station Property. Station Property is defined in Recital A and legally described on Exhibit A attached hereto. 1.15 Surface Property. Surface Property is defined in Recital B and legally described on Exhibit B attached hereto. For purposes of interpreting the maintenance rights and obligations described in this Agreement, the actual boundaries of the Surface Property shall be deemed to extend to the interior unfinished surfaces of the walls, floors, and ceilings that surround the ground floor level (first floor) of the HSR Station and shall exclude all components of the HSR Station described below. 1.16 Transit Center. Transit Center is defined in Recital C; and the Transit Center includes the real property on which it is located, as legally described on Exhibit C attached hereto. 2.USE RESTRICTIONS. 2.1 Use Restrictions. The Properties shall only be operated for transit and transit-related purposes, including without limitation appurtenances and appurtenant uses thereto. 2.2 Maintenance and Security. To the extent permitted by any applicable law, each Party hereby covenants and agrees to use commercially reasonable efforts to limit loitering, smoking, panhandling, vagrancy and other nuisance and/or unlawful conduct in and on its respective Property, including, without limitation, posting and maintaining signs that prohibit such activities in reasonable locations; however, (a) the Public Agencies’ obligations under this Section shall be satisfied by enforcing the prohibitions for the Surface Property with the same level of security services that the Public Agencies obtain and provide for the Transit Center, and (b) the Developer’s obligations under this Section shall be satisfied by enforcing the prohibitions for the Station Property with the level of security services required by this Section 2.2 or the highest level that Developer obtains and provides for any the other train station that is owned or operated by Developer within the State of California. 2.2.1 Repair and Maintenance of Vehicles and Equipment. Except for short-term emergency situations, repair or maintenance of vehicles or mechanical equipment shall not be permitted within/in or on the Properties. 2.2.2 Security. Each Party shall hire and maintain all such security services, including, without limitation, the presence of onsite security personnel and the placement of security cameras or devices within their respective Properties, as such Party reasonably determines may be appropriate. 2.2.3 Ceiling, Wall, Column and Floor Penetrations. The Public Agencies and Public Agency Permittees shall be permitted to install signs, lighting, traffic safety mirrors, security systems and other parking related equipment on interior facing walls, floors and ceilings surrounding the Surface Property and columns within the Surface Property, and in connection therewith, reasonably bolt or otherwise affix and install items on the walls, columns, 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -4- Page 924 floors, and ceilings that surround, or are within, the Surface Property; provided, however, that in connection with the foregoing, the Public Agencies shall not adversely impact the structural integrity of the HSR Station or any improvements therein. If a necessary repair or property improvement requires a penetration that would be reasonably likely to adversely affect the HSR Station, then the Public Agencies and/or Public Agency Permittee(s) shall reasonably coordinate such repairs or property improvements with the Developer. Notwithstanding the foregoing, nothing contained herein shall be deemed to prohibit the Public Agencies and Public Agency Permittees from reasonably painting or repainting (as necessary) parking stripes, parking stalls or directional signage on the interior facing walls, paved floors, and columns that enclose, or are within, the Surface Property. The Parties shall reasonably cooperate regarding the design and installation of exterior directional signage to the Surface Property, which shall be consistent in style with the directional signage into the parking for the HSR Station except to the extent necessary to incorporate the official seals or logos of the Public Agencies or Metrolink. 3.MAINTENANCE AND OPERATIONAL OBLIGATIONS. 3.1 Maintenance and Repair. Except to the extent any damage is caused by another Party or Parties, in which event the damaging Party or Parties shall be responsible for such repair, each Party or Parties (that is, the Public Agencies) shall be solely responsible to perform all maintenance and repair obligations with respect to its or their respective Property, such that each Property is maintained in good condition and repair, including ensuring that its or their Property is on a reasonable periodic basis cleaned, swept and otherwise kept reasonably free of all trash, debris and standing water. For the avoidance of doubt, subject to the proviso at the beginning of the first sentence of this Section 3.1, Developer shall be solely responsible for maintaining the Station Property, including, without limitation, (a) the HSR Station, (b) the structural integrity of the columns which traverse the Surface Property and (c) any utilities serving the HSR Station that traverse the Surface Property adjacent to the columns while the Public Agencies shall be solely responsible for maintaining the Surface Property, including without limitation the interior surfaces of each of the walls, columns, floors, and ceilings that surround the Surface Property, including graffiti removal. For the purposes of clarity, subject to the proviso at the beginning of the first sentence of this Section 3.1 and except for periods in which Developer is installing subterranean improvements under the Surface Property such that maintenance by the Public Agencies would interfere therewith, if the paved floor is damaged, the Public Agencies shall have the right and the obligation to repair said floor and sufficient access is hereby granted by Developer to the Public Agencies to perform such repair work. The Public Agencies’ right and obligation to make such repairs to the paved floor shall automatically terminate upon the Developer’s installation of any subterranean improvements (other than utilities or other similar installations) under the Surface Property, if ever. For the avoidance of doubt, when a Party is responsible for repair or maintenance under this Section 3.1, such responsibility shall include all costs relating thereto. 3.2 Cooperation. The Developer and the Public Agencies shall reasonably cooperate with one another in good faith in the performance of their obligations under this Section 3. 3.3 Operation of HSR Station. Developer shall operate the HSR Station at the Station Property at all times Developer maintains a high-speed passenger rail system in Southern California so as to ensure that all regularly scheduled passenger trains stop at the Station 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -5- Page 925 Property in accordance with the San Gabriel Subdivision Lease Agreement. Express, special event, and charter train services are not required to stop at the Station Property; however, Developer may not provide only express, special event and/or charter train services. 3.4 Modifications After Initial Construction. Following the completion of the HSR Station by Developer and the surface parking improvements by the Public Agencies, neither Party shall materially alter, renovate, modify or add to the exterior of any improvements without the prior written consent of the other Party, which consent is not to be unreasonably withheld, conditioned or delayed. 4.EASEMENTS. 4.1 Easements for the Benefit of the Surface Property. The Public Agencies and Public Agency Permittees shall benefit from, and there are hereby established and granted for the benefit of the Public Agencies and Public Agency Permittees, the following easements over portions of the Station Property, which shall be appurtenant to the Surface Property: 4.1.1 Access Easements. Nonexclusive access easements over and across those portions of the Station Property for the purposes described below and subject to Public Agencies’ approval of plans as described in DDA Section 3.4: (a)a pedestrian access easement under, through and across those portions of the Station Property as necessary or appropriate to provide for free, unrestricted and contiguous ingress and egress between the Surface Property and the Transit Center. For the avoidance of doubt, such pedestrian access easement shall include adjacent access from the Surface Property to a passenger elevator (“Primary Elevator”) and stairs (of similar quality as other elevators and stairs within the HSR Station) leading from the Surface Property (i.e., P1) to the P3 level (i.e., the second level above P1 that connects to the exterior ramp referenced below) of the HSR Station, which Primary Elevator and stairs will pass through and be shared with the P2 level (i.e., the mezzanine parking level between P1 and P3) of the HSR Station, and such Primary Elevator and stairs shall connect with a walkway on the P3 level of at least six (6) feet in width within the Station Property leading from such Primary Elevator and stairs to the top of the exterior ramp leading down from the HSR Station to the Transit Center, which walkway will not cross any garage drive aisles. Additionally, when the Primary Elevator is inoperable or under maintenance or repair, the pedestrian access easement in this Section 4.1.1(a) shall include necessary and appropriate alternative access to the Public Agencies and Public Agency Permittees via access to and from and use of the elevators serving the Station Property until such Primary Elevator is operable, as referenced on the site plan attached to the DDA. For the avoidance of doubt, Developer is responsible for the initial construction of the HSR Station and the exterior ramp and, following such construction (and acceptance of the exterior ramp by the Public Agencies), Developer shall maintain all portions of such pedestrian access easement within the interior portions of the HSR Station and the Public Agencies shall maintain the exterior ramp leading from the HSR Station to the Transit Center. The Public Agencies are hereby granted an additional easement on the Station Property as necessary or appropriate to maintain such exterior ramp. Following the completion of the HSR Station on the Station Property, Developer and the Public Agencies shall modify the CC&Rs to revise this Section 4.1.1(a) and/or to add an Exhibit D describing such access easement, which shall conform with the as-built improvements. 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -6- Page 926 (b)a pedestrian access easement over and across those portions of the Station Property designated by Developer, including stair and elevator access, that provides reasonable ingress and egress between the Surface Property and the communications building on adjacent property owned by the City (“Communications Building”). For equipment trucks that are too large to fit in the Surface Property, or which are necessary to be located within close proximity to the Communications Building when performing work on or inside of the Communications Building, and for fire and/or emergency vehicle access, Developer shall designate and maintain reasonable vehicular and parking access for such vehicles within the loading area off of Milliken Avenue or the drop off/pick up area on the main floor of the Station Property, together with pedestrian access designated by Developer that provides reasonable ingress and egress between such parking area and the Communications Building. Additionally, Developer shall provide and maintain an access gate through the existing fence between the San Gabriel Subdivision right of way and the Communications Building and a gate through any other Developer owned physical barrier that would block access to the Communications Building, as applicable. (c)For the avoidance of any doubt, the Grant Deed reserves to the Public Agencies additional utility, access, construction, and use easements over portions of the Station Property, as described and depicted in the Grant Deed. 4.2 Easements for the Benefit of the Station Property. The Developer and the Developer Permittees shall benefit from, and there are hereby established and granted for the benefit of the Developer and the Developer Permittees, the following easements over portions of the Surface Property, which shall be appurtenant to the Station Property: 4.2.1 Developer Maintenance Obligations. Nonexclusive easements within, through and across the Surface Property as reasonably necessary for the purpose of performing the maintenance obligations described herein. The rights of Developer and Developer’s Permittees under this easement are subject to the obligation not to unreasonably interfere with the use or operation of the Surface Property, and, except in an “Emergency Situation” (as that term is defined below), to notify the Public Agencies at least thirty (30) days in advance of the dates, times and scope of maintenance and to cooperate in good faith with the Public Agencies in minimizing interference with the use and operation of the Surface Property; provided, however, if such maintenance or repair work does not impact access to or parking at the Surface Property, then Developer shall only be obligated to provide the Public Agencies with at least five (5) business days advance notice. At all times Developer shall ensure that a minimum of four hundred (400) parking spaces total across the Surface Property and Transit Center (or such lesser amount if less than 400 parking spaces total exist at such time), including sufficient ADA compliant parking stalls to satisfy ADA requirements, are available to Public Agencies’ Permittees. Anytime Developer reasonably determines that immediate maintenance or repair work is required to address an imminent threat to public health or safety (each, an “Emergency Situation”), Developer shall give notice of such Emergency Situation to the Public Agencies as soon as possible after such determination and shall have the right to immediately act on providing such maintenance and repair work as is required to address the Emergency Situation; provided, however, that the foregoing language shall not be in denigration of any obligation, liability or duty of Developer under or pursuant to this Agreement or as provided by law, and the foregoing right 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -7- Page 927 shall not release or relieve Developer from any responsibility, liability or indemnification obligations arising out of, resulting from or relating to this Agreement. 4.2.2 Public Easements. Fire, police, health and sanitation and other public service personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the HSR Station for the performance of their respective duties. Additionally, easements are hereby reserved in favor of all Parties for emergency ingress and egress over, through and across all portions of the HSR Station. 4.2.3 Support Columns, Utilities, and Beams Serving HSR Station. Exclusive easements within, through and across only those portions of the Surface Property expressly and specifically designated and developed with columns and beams and specified utilities (i.e., only the following utilities: storm drain; water; sewer; electrical; telecommunication; and data, including similar future technologies) adjacent to such columns and beams per plans approved in advance and in writing by the Public Agencies which plans specifically show such beams, columns and utilities, for the purpose of installing, constructing, inspecting, placing, maintaining, repairing, replacing, and removing the structural columns, support beams, utilities within or adjacent to such columns, footings and any other structural components or support elements existing in, on, under and throughout the HSR Station, including incidental access as necessary to access such columns, utilities and beams for such purposes (“Column and Beam Easement”). Developer and the Public Agencies shall reasonably cooperate to designate the locations of such columns, utilities and beams on such plans to facilitate the optimal, but commercially reasonable, parking and vehicular and pedestrian circulation within the Surface Property. Developer, at Developer’s sole cost and expense, shall ensure that, at all times, the columns, beams and utilities are located to provide at least 210 parking stalls available to Public Agencies’ Permittees within the Surface Property, including sufficient ADA compliant parking stalls to satisfy ADA requirements. For the avoidance of doubt, Developer, at Developer’s sole cost and expense, shall ensure that the Surface Property and the adjacent Transit Center, upon delivery by Developer to the Public Agencies following the initial construction of the Station Property by or for the benefit of Developer and temporary use and reconfiguration of the Transit Center pursuant to Section 4.2.4 below, collectively provide at least 650 parking stalls. Additionally, Developer, at Developer’s sole cost and expense, shall ensure that the beams and any utilities adjacent to such beams are located to provide and maintain at least eight (8) feet of clear height space throughout the Surface Property. Except in an Emergency Situation, Developer shall notify the Public Agencies in writing at least thirty (30) days in advance for maintenance and at least sixty (60) days in advance for any construction, placing, repairing or removing work, of the dates, times and scope of maintenance or other work, and to cooperate in good faith with the Public Agencies in minimizing interference with the use and operation of the Surface Property; provided, however, if such maintenance or repair work does not impact parking at the Surface Property, then Developer shall only be obligated to provide the Public Agencies with at least five (5) business days advance notice. For the avoidance of doubt, if Developer desires to modify or add utilities in the future, the Public Agencies shall have reasonable review and approval rights with respect to any such modification or addition. Consistent with Section 4.2.1 above, anytime Developer reasonably determines that there is an Emergency Situation, Developer shall give notice of such Emergency Situation to the Public Agencies as soon as possible after such determination and shall have the right to immediately act on providing such maintenance and repair work as is required to address the Emergency Situation; provided, however, that the foregoing language shall 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -8- Page 928 not be in denigration of any obligation, liability or duty of Developer under or pursuant to this Agreement or as provided by law, and the foregoing right shall not release or relieve Developer from any responsibility, liability or indemnification obligations arising out of, resulting from, or relating to this Agreement. 4.2.4 Temporary Construction Easement on Transit Center and Milliken Site during the Initial Construction. In connection with development of the HSR Station by Developer and during the construction thereof, the Public Agencies hereby grant to Developer a temporary construction easement for construction parking and staging purposes on the Transit Center, as well as the construction of ramps and stairs on the Transit Center, per plans approved by Public Agencies in accordance with Section 3.4 of the DDA, to facilitate ingress and egress between the Station Property and the Transit Center and the reconfigured pedestrian ramp for access to the Pedestrian Tunnel, and the City hereby grants to Developer a temporary construction easement for construction parking on the adjacent parking lot owned by the City on Anaheim Place, abutting Azusa Court and Milliken Avenue (“Milliken Site”) until the completion of the HSR Station, but in any event no later than seven (7) years after Close of Escrow. However, with respect to the Milliken Site, the City may terminate the temporary construction easement no earlier than six (6) months after written notice from the City to Developer indicating that the City has reached agreement with a buyer for the sale of all of the Milliken Site (or for a material portion of the Milliken Site that requires termination of such temporary construction easement), subject only to City Council approval of the agreement, if such date is earlier than the completion of the HSR Station. Developer shall ensure that the design and construction of the long ramp from the Station Property to the Transit Center is in accordance with all ADA requirements. Additionally, Developer shall ensure that the design and construction of such ramp includes and utilizes drains and non-slip surfaces; provided, however, that Developer shall ensure that such design and construction also provides for and is conducive to the commercially reasonable subsequent addition of an overhead covering to shield the ramp from rain. The Public Agencies shall assume responsibility for the ramps and stairs on the Transit Center following (i) the initial construction by Developer, at the sole cost of Developer, (ii) the inspection and acceptance thereof by the Public Agencies, at the sole cost of the Public Agencies, and (iii) the inspection and approval by a CASp certified inspector as part of the Inspector of Record process, at the sole cost of Developer. The Public Agencies and Developer shall coordinate regarding the location(s) and scope(s) of such construction parking and staging such that the combined Transit Center and Milliken Site continue to provide at least 400 parking stalls are available to Public Agencies’ Permittees, at least four bus drop off locations (including on Azusa Court if necessary), pedestrian access between such parking and bus drop off locations and the Metrolink platforms and legally compliant ADA parking, all in a manner reasonably acceptable to the Public Agencies. Prior to exercising any such rights described within this Section 4.2.4, Developer shall provide the Public Agencies with thirty (30) days’ notice of Developer’s plans for any occupancy or use of the easement, and the Developer must demonstrate to the reasonable satisfaction of the Public Agencies that safe and adequate circulation of pedestrian, vehicular, and bus movements are and will be provided for at all times during the term(s) of the easement. Developer shall provide the Public Agencies at least thirty (30) days’ notice of any changes to the affected area, to enable the Public Agencies to provide notice to Metrolink and/or its patrons, and such changes must otherwise be in accordance with the terms of this Agreement. Commencing on the date which Developer takes possession of any temporary construction easement area, Developer shall compensate the Public Agencies for the temporary construction easement by paying them, on a monthly basis, on or before the first business day of 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -9- Page 929 each calendar month, without offset or deduction, a sum of money which is equal to the product of the following factors: (i) the total number of square feet then affected by the temporary construction easement, (ii) the affected property’s fee value per square foot, multiplied by (iii) one third of a percent (1/3%). The fee value per square foot of the affected property shall first be established by an appraisal no older than six months at the time Developer first takes possession of any temporary construction easement area and shall be scaled by a factor of one and four hundredths (1.04) each year on the anniversary of said appraisal’s date of valuation. If payment is not made within ten (10) business days after written notice from the City, then the outstanding sum shall immediately begin to accrue interest at the rate identified in Section 7 until paid. During the term of the temporary construction easement, Developer shall maintain the temporary construction easement area in good condition and repair. Following the termination of the temporary construction easement, Developer shall promptly return the portion of the Transit Center and Milliken Site used for the temporary construction easement to their condition immediately prior to the easement term. For all facilities that the Public Agencies will own and control, Developer shall obtain customary and usual construction and installation warranties, shall assign all such warranties, on a non-exclusive basis and to the extent assignable, to the Public Agencies with respect thereto, and shall, whether or not such warranties are assigned, reasonably cooperate with the Public Agencies to enforce such warranties as necessary, including filing and pursuing warranty claims on behalf of the Public Agencies for non-assignable warranties. 4.2.5 Future Construction. During the redevelopment of the Station Property, Developer on advance written notice, including without limitation the prior written approval of the Public Agencies of replacement parking as provided below, of not less than twelve (12) months, shall have the right to temporarily close the Surface Property for a reasonable period of time not exceeding thirty-six (36) months (as the same may be extended by force majeure, but not otherwise) during the actual construction on the Station Property and subject to the terms of this Section 4.2.5. If, as a consequence of Developer’s future construction, the Public Agencies would not have at least 400 parking spaces available during the period of construction, Developer shall provide reasonable replacement parking, compliant with ADA and all other applicable law, taking into account both then existing ADA parking areas located on the Transit Center and ADA requirements relating to the replacement parking, as applicable, and otherwise reasonably acceptable to the Public Agencies during the construction period and thereafter until the Surface Property is returned to its prior condition. The amount of such replacement parking provided by Developer shall ensure that the Public Agencies would have (i) 400 parking spaces if the Public Agencies had 400 or more parking spaces just prior to Developer’s construction, or (ii) if the Public Agencies had less than 400 parking spaces just prior to Developer’s construction, an amount equal to such lesser amount. Following such construction, Developer shall promptly return the Surface Property to its prior condition as of the date Developer took possession. As an example only, if Developer develops a larger HSR station with below grade parking and the Surface Property, at the time of such construction, is used as a gated surface parking lot, Developer shall restore the Surface Property to a surface parking lot, including striping, lighting, and gates, as applicable (including any equipment that was previously installed by the Public Agencies). 4.2.6 Baggage Elevator Access. Developer may in the future, without any obligation to do so or to continue such service once commenced, build a baggage elevator 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -10- Page 930 entirely on the Station Property that would open onto the Pedestrian Tunnel via a vestibule, also entirely on the Station Property, between the Pedestrian Tunnel and such elevator, to enable baggage service between BLW trains and Metrolink Trains. As part of the work to reconfigure the ramps and stairs providing access to the Pedestrian Tunnel, Developer shall construct the vestibule per plans approved in advance and in writing by the Public Agencies and gate such vestibule from the Pedestrian Tunnel to prevent access and vagrancy issues when not in use; said gate to be located entirely on the Station Property. Developer shall coordinate with the Public Agencies regarding the design thereof to maximize the continued functionality of the tunnels and any construction work relating thereto to minimize impacts to the Transit Center. 5.INSURANCE. 5.1 Public Agency Insurance Requirements. With respect to the Surface Property, at all times the Public Agencies (or one of them) shall maintain property insurance coverage in amounts and types consistent with the coverage and amounts maintained on the Transit Center. To the extent both possible and reasonably available at commercially reasonable rates, Developer will be named as an Additional Insured on said insurance coverage and the Public Agencies will provide Developer reasonable evidence of said insurance upon request. 5.2 Developer Insurance Requirements. Developer at all times shall maintain the following insurance coverage: 5.2.1 Commercial General Liability (CGL). Developer shall maintain the insurance coverage set forth below in this Section 5.2.1 when the provisions of Section 5.3 do not apply. Commercial General Liability (CGL) with a limit not less than twenty-five million dollars ($25,000,000) per each occurrence and a general aggregate limit of not less than twenty- five million dollars ($25,000,000) providing coverage for bodily injury, property damage, and personal injury through any combination of primary and excess or umbrella liability insurance policies with limits restating annually. The CGL insurance must be written on an ISO occurrence form CG 00 01 04 13 or (with approval from the Public Agencies) substitute forms at least as broad as CG 00 01 04 13 coverage. All excess or umbrella policies must be “follow form” and afford no less coverage than the primary policy. Such CGL must provide coverage to the Insured Party as additional insureds using ISO Additional Insured Endorsement CG 20 10 and CG 20 26. Coverage shall be provided to the Insured Party for all claims arising from the Property of the Insured Party (as defined in Section 5.4.4 below), respectively, or proximately caused by reason of construction activities and the location and placement of improvements within the Property, unless caused by an Insured Party's gross negligence or willful misconduct. 5.3 Insurance During Construction. Developer shall maintain the following insurance coverage at all times during which it is performing construction work within either of the Properties: 5.3.1 Commercial General Liability (CGL). Commercial General Liability (CGL) with a limit not less than fifty million dollars ($50,000,000) each occurrence, fifty million dollars ($50,000,000) products and completed operations aggregate, and a general aggregate limit of not less than fifty million dollars ($50,000,000) providing coverage for bodily injury, property damage, and personal injury through any combination of primary and excess or 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -11- Page 931 umbrella liability insurance policies with one reinstatement general aggregate limit for the period of the policy(ies) term. Such policies must be project-specific with dedicated limits to the HSR Station. The CGL insurance must be written on an ISO occurrence form CG 00 01 04 13 or (with approval from the Public Agencies) substitute forms providing equivalent coverage. All excess or umbrella policies must be “follow form” and afford no less coverage than the primary policy. Such CGL must cover the Insured Party as additional insureds using ISO Additional Insured Endorsement CG 20 26 or and 20 10 and accompanied by 20 37 or equivalent forms with approval from the Public Agencies providing coverage to the Insured Party for completed operation losses. Coverage must be provided to the Insured Party for claims proximately caused by reason of the uses authorized, unless caused by the gross negligence or willful misconduct of the Insured Party. The policy or policies shall be endorsed to remove exclusions pertaining to any railroads. There must not be any endorsement or modification of the CGL limiting the scope of coverage for liability assumed under an insured contract. Completed operations coverage must extend for as long as there is any exposure to liability under a statute of repose or any other applicable statute of limitations. If completed operations coverage through the end of statutory exposure is not commercially available, completed operations coverage must extend for at least ten (10) years from the completion date of such improvements. All excess or umbrella policies must contain a drop-down clause in the event of exhaustion of primary limits and provide coverage for primary CGL. 5.3.2 Commercial Automobile Insurance. Developer shall provide evidence of commercial business auto coverage written on ISO form CA 00 01 10 01 (or, with approval from the Public Agencies, substitute form providing equivalent liability coverage) with a limit not less than one million dollars ($1,000,000) for each accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non-owned autos). The policy must contain an endorsement for coverage to operations in connection with a railroad. and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). Developer shall require its general contractor to provide (and shall ensure that its general contractor does provide) evidence of commercial business auto coverage written on ISO form CA 00 01 10 01 (or, with approval from the Public Agencies, substitute form providing equivalent liability coverage) with a limit not less than twenty-five million dollars ($25,000,000) for each accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non-owned autos) and can be satisfied by a combination of primary and excess and/or umbrella policies. The policy(ies) must contain an endorsement for coverage to operations in connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). All excess or umbrella policies shall contain a drop-down clause in the event of exhaustion of primary limits and provide coverage for primary auto liability. 5.3.3 Workers’ Compensation and Employers Liability Insurance. Developer shall provide evidence of Workers’ Compensation insurance as required under California statutes including coverage for Employer's Liability with limits of at least one million dollars ($1,000,000) each accident, one million dollars ($1,000,000) each employee by disease, and a policy limit of one million dollars ($1,000,000) by disease. The excess liability policy must include employer's liability coverage limits to at least twenty-five million dollars ($25,000,000) 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -12- Page 932 and can be satisfied by a combination of primary and excess and/or umbrella policies. The workers’ compensation policies must provide the following: (a) Permittees of the Insured Party; A waiver of subrogation in favor of the Insured Party and the (b) (c) A voluntary compensation endorsement; An alternative employer endorsement, if applicable to the Insured Party’s operations; (d)Coverage for liability under the United States Longshore and Harbor Workers’ Compensation Act on an "if any" basis or as otherwise appropriate; (e)Coverage for liability under Title 46 of the U.S.C. § 688 on an “if any” basis or as otherwise appropriate; and (f)An endorsement extending the policy to cover the liability of the insureds under the Federal Employer’s Liability Act on an “if any” basis or as otherwise appropriate. 5.3.4 Professional Liability Insurance. The Developer shall provide evidence of professional liability insurance, including prior acts coverage sufficient to cover all claims arising out of any professional services, including without limitation engineering, architectural, or land surveying work required in connection with such construction, procured, and maintained by those third parties performing such work for or on behalf of Developer. For the lead design contractor for the improvements in privity with Developer, the coverage must not be less than ten million dollars ($10,000,000) per claim and in the aggregate. For environmental assessments, land surveying work and any other site work, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For architectural, geotechnical engineers, and electrical engineers, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For structural engineers and civil engineers relating to such construction, the coverage must not be less than five million dollars ($5,000,000) per claim and in the aggregate. Developer shall also require any member of its design build team, any subconsultant, or any subcontractor performing professional design services for any portion of such construction work, to obtain and maintain (and shall ensure that they do obtain and maintain) professional liability insurance providing the same coverage, with limits of at least one million dollars ($1,000,000) per claim and in the aggregate. Developer shall procure and maintain a project specific Owner’s Protective Professional Indemnity (OPPI) policy that provides coverage with limits of at least twenty-five million dollars ($25,000,000) per claim and in the aggregate for claims arising out of the liability of design and construction professionals. Such coverage must include coverage for claims filed directly against Developer by third-parties alleging negligence (arising from professional services of design firms). No self-insured retention for Developer or any lead design entity is permitted to exceed five hundred thousand dollars ($500,000), without prior written approval from the Public Agencies, in their good faith discretion (which shall factor in whether such insurance is commercially available). Coverage must apply specifically to professional activities performed or 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -13- Page 933 contracted by Developer in support of the construction. The policy(ies) must have a retroactive date consistent with the inception of the first date of design or project or construction management activities, and no later than the date on which any contract or subcontract was issued. Developer agrees to maintain or to require its design professionals, subconsultants, or design-build subcontractors to maintain (and shall ensure that they do maintain), as appropriate, this required coverage for a period of no less than three years after the commencement of revenue service or to purchase an extended reporting period for no less than three years after the commencement of revenue service. If the contractor is working with a separate lead design entity, contractor must (and Developer shall ensure that contractor does) require the lead design entity to agree to maintain this coverage for a period of no less than three (3) years after completion of such construction. 5.3.5 Contractor's Pollution Liability. Developer shall procure or cause to be procured contractor’s pollution liability (“CPL”) coverage throughout the period of construction. Coverage must be provided by a stand-alone policy with dedicated limits of no less than twenty-five million dollars ($25,000,000) per occurrence and twenty-five million dollars ($25,000,000) in the aggregate per policy period dedicated to the Property. Coverage must be written on an occurrence basis and extended for a minimum ten (10) year period with a separate limit available exclusively to the Property. The CPL policy must include coverage for investigation, removal, and remediation costs including monitoring or disposal of contaminated soil, surface water, groundwater or other media to the extent required by environmental laws caused by pollution conditions resulting from or exacerbated by covered operations; third-party bodily injury and property damage, provided that the third-party property damage liability coverage includes loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by or from conditions exacerbated by covered operations. The policy must have no exclusions or limitations for loss occurring over water including but not limited to a navigable waterway or for lead or asbestos. Coverage as required in this Section shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL policy must also provide coverage for losses due to loading, unloading or transportation and liability imposed by off-site disposal of materials at a third-party disposal site including testing, monitoring, measuring operations or laboratory analysis and remediation. If the scope of work includes the disposal of any hazardous or non-hazardous materials from the job site, Developer shall furnish the Insured Party evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of five million dollars ($5,000,000) per loss and an annual aggregate of five million dollars ($5,000,000). 5.3.6 Railroad Protective Liability. Developer shall provide, or cause to be maintained, any coverage as may be required by any railroad as a condition of the railroad's consent for entry onto railroad facilities or property. Such policy shall be effective during the period any construction is being performed within 50 feet of any railroad ROW. Coverage shall be written on Insurance Services Office occurrence Form CG 00 35 (or, with approval from the railroad requiring such insurance, substitute form providing equivalent coverage) on behalf of any railroad as a named Insured, with a limit specified by any railroad. 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -14- Page 934 5.3.7 Builder's Risk Insurance. Developer shall, upon commencement of construction, obtain and maintain a policy of builder’s risk insurance for the construction. Coverage shall be written on an “all risk” basis and provided through a stand-alone policy dedicated solely to the Property. The insureds must include the contractor, all subcontractors (excluding those solely responsible for design work) of any tier, suppliers, and the Insured Party. The policy must cover all property, roads, buildings, bridge structures, other structures, fixtures, materials, supplies, foundations, pilings, machinery and equipment (excluding contractor’s equipment) that are part of or related to the portions or elements of the construction, and the works of improvement, including permanent and temporary works and on-site materials, and including goods intended for incorporation into the works located at the Property, in storage or in the course of transit to the Property and all improvements that are within the Property. The builder's risk policy must include coverage for: (a)Any ensuing loss from faulty workmanship or nonconforming work, including L.E.G. 3 wording; (b)Machinery accidents and operational testing involving equipment covered by the policy; (c)Removal of debris, with a sublimit of twenty-five percent (25%) of the loss subject to a limit of twenty-five million dollars ($25,000,000) and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all Properties (d)Transit, including ocean marine coverage (unless insured by the supplier or through a separate marine cargo policy), with sub-limits sufficient to insure the full replacement value of any key equipment item; (e)Replacement value of any property or equipment stored either on or off the Property; (f)Coverage limits sufficient to insure for the following perils subject to applicable sub-limits for these perils based on the probable maximum loss of the insured property: (i)Collapse; (ii)Terrorism; (iii) Earthquake; (iv) Flood; (g) (h) Plans, blueprints and specifications; and Demolition and increased cost of construction as required by law or ordinance subject to applicable sub-limits. There must be no coinsurance penalty provision in any such policy. All deductibles or 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -15- Page 935 self-insured retentions must be the sole responsibility of Developer. The policy must provide a “severability of interests provision,” “multiple insured’s clause” or similar wording that the policy is to apply to each insured as if a separate policy had been issued to each insured except as to limits. Developer shall also require the general contractor and its subcontractors to procure and maintain (and shall ensure that they do procure and maintain) coverage for tools and equipment owned, leased or used by the general contractor or subcontractors in the performance of their work under this contract. Upon completion of construction, Developer shall provide evidence of “all risk” property insurance covering the improvements, with coverage sufficient to cover the probable maximum loss of such improvements and alterations made by Developer pursuant to the terms hereof, which must include “all risk” coverage using the ISO Causes of Loss - Special Form or (with approval from the Public Agencies) its equivalent, as well as flood insurance, subject to applicable sub- limits for natural hazard exposures based on the probable maximum loss of such improvements. 5.4 General Insurance Requirements. 5.4.1 Self Insurance/Deductible. The policy or policies under which coverage is provided by Developer may include a deductible or self-insured retention not in cumulative excess of ten million dollars ($10,000,000) on the condition that: (a)Each insurance policy expressly provides that the obligations of the policy issuer to the Insured Party an additional insured are not to be diminished in any way by Developer failure to pay its deductible or self-insured retention obligation for any reason; (b)Developer provides a declaration under penalty of perjury by a Certified Public Accountant (CPA) acceptable to the Insured Party and who shall apply a Fiduciary Standard of Care, certifying the accountant has applied Generally Accepted Accounting Principles (GAAP) guidelines confirming that Developer has sufficient funds and resources to cover any self-insured retentions if the cumulative self-insured retentions from all required insured policies are in excess of one million dollars ($1,000,000); and (c)Developer promptly pays any and all amounts due under such deductible or self-insured retention in lieu of insurance proceeds that would have been payable if the insurance policies had not included a deductible or self-insured retention amount. 5.4.2 Definition of “Self Insurance”. As used in this Section, “self insurance” means that Developer is itself acting as if it were the insurance company providing the insurance required. 5.4.3 Evidence of Insurance. Developer shall furnish evidence of insurance reasonably acceptable to the Insured Party before Developer commences physical construction within the Properties. Developer shall also provide the Insured Party with satisfactory evidence of renewal or replacement insurance no later than thirty (30) days after the expiration or 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -16- Page 936 termination of such insurance. Developer shall submit full copies of the commercial general liability policy, excess/umbrella liability policy, builder’s risk policy, and the project-specific professional liability policy or binders with full specimen copies of the forms for each policy until such time as full copies of the policies are available. This requirement applies prior to Developer starting work on the Properties, including all subsequent renewal policies. Certificates of insurance are required for all other lines of insurance. If, through no fault of Developer, any of the coverage required becomes unavailable, Developer shall provide good faith alternative insurance packages and programs, subject to prior approval by the Public Agencies, with the goal of reaching agreement in good faith on a package providing coverage equivalent to that specified herein. 5.4.4 Additional Insured Coverage. All Developer policies including property, except those for Workers’ Compensation and Professional Liability insurance, must name the Insured Party as additional insured. Commercial General Liability policies must be endorsed by ISO Form CG 20 10 11 85, or if not available, then ISO Form CG 20 38, to name the Insured Party as additional insureds. With respect to general liability arising out of or connected with work or operations performed by or on behalf of Developer on the Property, coverage for such additional insureds must not extend to liability to the extent prohibited by section 11580.04 of the Insurance Code. The additional insured endorsements must not limit the scope of coverage for the Insured Party to vicarious liability but shall allow coverage for the Insured Party to the full extent provided by the policy. Insured Party means the Public Agencies and their directors, council members, officers, employees, contractors and agents. 5.4.5 Waiver of Subrogation Rights. To the fullest extent permitted by law, Developer hereby waives all rights of recovery under subrogation against the Insured Party, and any other tenant, contractor, subcontractor or sub-subcontractor performing work or rendering services on behalf of the Insured Party, in connection with the planning, development and construction of any improvements. To the fullest extent permitted by law, Developer shall require similar written express waivers and insurance clauses from each of its subcontractors of every tier. Developer shall require all of the policies and coverages required in this Section to waive all rights of subrogation against the additional insureds (ISO Form CG 24 04 05 09). Such insurance and coverages provided must not prohibit Developer from waiving the right of subrogation prior to a loss or claim. 5.4.6 Eligible Insurers. If policies are written by insurance carriers authorized and admitted to do business in the State of California, then the insurance carriers must have a current A.M. Best rating of A-VIII or better and if policies are written by insurance carriers that are non-admitted but authorized to conduct business in the State of California, then they must meet the current A.M. Best rating of A-:X or better, unless otherwise approved in writing by the Public Agencies. 5.5 Coverage Amounts. All insurance coverage amounts hereunder shall be increased every five (5) years based on increases, if any, in the consumer price index. 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -17- Page 937 6.INDEMNITY. 6.1 Indemnity. Subject to the provisions of Section 6.2 below, Developer shall protect, indemnify, defend, and hold harmless the Public Agencies from and against all claims, demands, expenses, liabilities, losses, damages, and costs, including without limitation any actions or proceedings in connection therewith and reasonable attorneys’ fees related thereto, incurred in connection with, arising from, due to or as a result of the death of, or any accident, injury, loss, or damage, howsoever caused, to, any person or loss or damage arising as a result of Developer’s or Developer’s Permittees’ acts or omissions on or related to the Station Property, including without limitation, the Tunnel Easement Area as defined in the Grant Deed and the Temporary Construction Easement described in Section 4.2.4. Subject to the provisions of Section 6.2 below, the Public Agencies shall protect, indemnify, defend, and hold harmless the Developer from and against all claims, demands, expenses, liabilities, losses, damages, and costs, including without limitation any actions or proceedings in connection therewith and reasonable attorneys’ fees related thereto, incurred in connection with, arising from, due to or as a result of the death of, or any accident, injury, loss, or damage, howsoever caused, to, any person or loss or damage arising as a result of the Public Agencies’ or their Permittees’ acts or omissions on or related to the Surface Property. 6.2 General Provisions. Notwithstanding anything to the contrary in this Section 6, neither Party shall be entitled to indemnification for damage to the extent caused by or arising from its negligence or willful misconduct or the negligence or willful misconduct of its Permittees. 7.ENFORCEMENT AND REMEDIES. If any Party defaults in the performance of any obligation under this Agreement (“Defaulting Party” with respect to each individual instance of such default), and if such default remains uncured thirty (30) days after written notice from the other Party (“Nondefaulting Party” with respect to each such individual instance of such default), stating with particularity the nature and extent of such default, then Nondefaulting Party shall have the right to (i) perform such obligation on behalf of such Defaulting Party, (ii) be reimbursed by such Defaulting Party within thirty (30) days of written demand therefor, together with interest at the lesser of the rate of twelve percent (12%) per annum or the maximum rate permitted by law, and/or (iii) commence an action against the Defaulting Party for injunctive relief (including mandatory injunction or specific performance) and/or damages; and nothing in this Agreement, including without limitation the foregoing language and including that a cure period is provided and that a cure may timely occur, shall limit or be in denigration of the rights and remedies of the Nondefaulting Party, including the right to damages and/or other legal or equitable remedies or relief. The failure of the Nondefaulting Party to insist, in any one or more cases, upon the strict performance of any provision of this Agreement shall not be construed as a waiver of the future breach of such provision or any other provision of this Agreement. 8.APPROVALS AND DISPUTE RESOLUTION.Except as otherwise specifically provided herein, no approval shall be unreasonably withheld or delayed. If the Parties are not able to agree on any matter which is to be approved by Party or Parties pursuant to this Agreement, the matter shall, upon demand of any Party, be determined pursuant to the provisions set forth below. 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -18- Page 938 8.1 Meet and Confer. If the Parties are unable to resolve a dispute within ten (10) days of written notice of a dispute, the Parties will, at the written request of any Party, require that the matter be reviewed by a senior level executive of each Party (in the case of Developer, by a Senior Vice President or higher, and in the case of the Public Agencies, by the Assistant City Manager or higher or the Deputy Executive Director or higher, as applicable). If senior level executives cannot reach a resolution within ten (10) days of commencing their meet and confer then any Party may seek judicial resolution. 8.2 Costs. Each Party will bear its own costs, including attorneys’ fees, which it incurs. In the event the parties use a mediator or arbitrator, they will share equally in the costs of the mediator's services. 9.REVERSIONARY RIGHT. 9.1 Reversionary Right. Reference is hereby made to the reversionary right of the Public Agencies with respect to the Station Property as set forth in Section 5.2.2 of the DDA. With respect to such reversionary right, as a matter of clarification, the Parties agree that, if the Public Agencies repay the amount set forth in Section 5.2.2 of the DDA, and there is any secured loan or lien encumbering the Station Property, then the amount paid shall be paid to the secured lender or lienholder to the extent necessary to require a reconveyance/release of the applicable deed of trust or other lien under California law. Additionally, the reversionary right shall no longer apply following the completion of the required improvements set forth in the DDA by Developer and commencement of revenue service on the high speed rail line from the HSR Station. 10.RIGHT OF FIRST NEGOTIATION. 10.1 First Negotiation. If the Public Agencies elect to sell all or a portion of the Surface Property (which shall be subject to easements and/or licenses provided to Developer), or the Public Agencies receive a bona fide offer to buy all or a portion of the Surface Property from a purchaser which is acceptable to the Public Agencies, Developer shall have the right of first negotiation to purchase the Surface Property from the Public Agencies pursuant to the following terms and conditions: 10.1.1 Sale Notice. If the Public Agencies elect to sell all or a portion of the Surface Property, the Public Agencies shall first notify Developer (or its successor owner of the Station Property) in writing before the Surface Property (or such portion) becomes available for sale to third parties, or if the Public Agencies receive the bona fide offer described above, the Public Agencies shall notify Developer that the Public Agencies have received such an offer (“Sale Notice”). Pursuant to such Sale Notice, the Public Agencies shall then negotiate with Developer to sell the Surface Property (or such portion) to Developer. The Sale Notice shall set forth the proposed economic terms (including, without limitation, purchase price) and conditions upon which the Public Agencies are willing to sell the Surface Property (or such portion) (collectively, the “Economic Terms”). 10.1.2 Procedure for Acceptance. If Developer wishes to exercise Developer’s right of first negotiation, then within ten (10) business days of the delivery of the Sale Notice to Developer, Developer shall deliver a written notice to the Public Agencies of 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -19- Page 939 Developer’s exercise of its right of first negotiation, whereupon the Public Agencies and Developer shall then negotiate the terms of the sale for a period of sixty (60) days (“Negotiation Period”). Developer must elect to exercise its right of first negotiation to purchase all of the Surface Property offered (not less than what is offered). If Developer does not so notify the Public Agencies within the ten (10) business day period, or terms acceptable to the staff of the Public Agencies (which they would recommend to decision-makers for approval) are not reached during the Negotiation Period, then the Public Agencies shall be free to sell the portion of the Surface Property offered to Developer to anyone the Public Agencies desire on any terms the Public Agencies desire, and Developer shall no longer have any right to purchase such portion of the Surface Property; provided, however, if the Public Agencies desire to sell such portion of the Surface Property (i) for less than ninety percent (90%) of the purchase price, or (ii) later than the date which is one year after the Negotiation Period, then the Public Agencies shall be obligated to give another Sale Notice to Developer in accordance with the terms of this Section 10.1.1 above. 10.1.3 Agreement. If Developer and the Public Agencies agree on the terms of Developer’s purchase of the Surface Property (or a portion thereof), then the Public Agencies and Developer shall, within ninety (90) days thereafter, execute a purchase agreement upon which Developer shall agree to purchase the Surface Property (or a portion thereof) with the following terms: (a) Developer shall complete its due diligence review of the Surface Property within thirty (30) days following the date of the purchase agreement, (b) the close of escrow under the purchase agreement shall not occur later that thirty (30) days following expiration of the due diligence period, and (c) all remaining terms of the purchase and sale of real property that are in the DDA and not specified in this Section 10.1 shall apply to the purchase and sale transaction. 11.TRAFFIC SIGNAL IMPROVEMENTS AND MAINTENANCE/REPAIR. 11.1 Azusa Court/Milliken Avenue Intersection. Developer shall construct a traffic signal and associated intersection improvements at the intersection of Milliken Avenue and Azusa Court (“Intersection”) as part of the development and operation of the HSR Station. 11.2 Milliken Avenue/Station Property Driveway. Developer intends to utilize a right-in, right-out movement at the driveway entrance to the Station Property from Milliken Avenue (“Driveway”) as part of the development and operation of the HSR Station. With this configurations, the City is not requiring a traffic signal to control traffic at the Driveway. However, Developer may not utilize a left-in, left-out movement at the Driveway unless and until a fully signalized T-intersection is constructed and installed at the Driveway in accordance with Section 11.4, unless otherwise agreed to by the City. 11.3 Anaheim Place/Azusa Court Intersection and Azusa Court/Surface Property Driveway. Developer completed a traffic study to determine whether any additional traffic improvements are required at the intersection of Anaheim Place and Azusa Court and at the driveway entrance to the Surface Property from Azusa Court. The study concluded that no traffic signal is required at the intersection and that a two-way stop and added turn lanes will handle the traffic flow in the area and the driveway entrance. Developer shall construct and install the recommended traffic improvements in the traffic study prior to opening passenger service operation at the HSR Station. The City shall process the permits for such improvements in accordance with the process set forth in Section 11.3. 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -20- Page 940 11.4 Permitting Process for Traffic Improvements. Prior to beginning design of any traffic improvements, Developer’s engineer shall meet with the City Engineer’s traffic engineering staff to determine the appropriate design approach and operational characteristics for each traffic improvement. Developer will submit to the City a complete “Right-of-Way Application,” including plans and specifications (the “Application”) for approval of the construction and installation of each traffic improvement. The City will fairly and, in accordance with the City’s customary practices, promptly process (i) the Application within one hundred twenty (120) calendar days of receipt of the Application from Developer (or its agents, representatives, or designees) and all additional applications by Developer (or its agents, representatives, or designees) for City permits necessary for the construction and installation of each traffic improvement, including not limited to, any requisite construction permits, grading permits, building permits, mechanical permits, electrical permits, drainage permits, permits, and requests for inspections and approvals. The City reserves all rights and inherent duties in processing the Application to conduct a good faith review of the Application and to perform its obligation to not approve an incomplete Application if the Application is missing required technical information or is not in compliance with permit approval requirements. The City agrees to promptly notify Developer in writing of any incomplete items, missing information, and the City permit requirements. Developer shall construct and install all traffic improvements in accordance with then existing City standards. Provided the traffic improvements are accepted and completed in accordance with the foregoing (including applicable permits), the City agrees to accept and maintain all traffic improvements once complete. 12.USE OF CITY-OWNED PROPERTY. Developer and the Public Agencies cooperatively negotiated the DDA and associated easements to facilitate the development of the HSR Station. As a result thereof and as of the effective date of this Agreement, Developer acknowledges that the only City-owned property to be used for the HSR Station and any related facilities is identified in the DDA. Except as expressly set forth otherwise in the DDA, Developer shall not use or attempt to use the following City-owned property for transit uses as part of the initial development of the HSR Station without the prior written consent of the City in its sole and absolute discretion: (1) the Transit Center described in Exhibit C; (2) the Milliken Site; (3) the City-owned property adjacent to the I-15 Freeway and identified as APNs 0229-021-81-0000 and 0229-021-80-0000; and (4) property to be dedicated to the City for public use within the area governed by the Resort Specific Plan on the now-closed Empire Lakes Golf Course located north of Sixth Street, south of the BNSF/Metrolink rail line, west of Milliken Avenue, and east of Utica/Cleveland Avenues. Developer further acknowledges and agrees that if it needs additional City-owned property as part of the initial development of the HSR Station, it shall cooperatively negotiate directly with the City regarding the acquisition of such additional property. The foregoing shall not constitute a waiver of Developer’s condemnation powers beyond the initial construction of the HSR Station (i.e., does not limit future use for expansions or reconstruction after the initial HSR Station is constructed and operational). 13.PUBLIC ART. If Developer receives approval of the Consolidated Rail Infrastructure and Safety Improvements grant (“Grant Approval”), Developer shall design, procure, fabricate, and install public art on the exterior facade of the parking garage as part of the HSR Station subject to the reasonable approval of the City (“Art Installation”), in an amount equal to 1.5% of the amount of such Grant Approval, not to exceed One Million Five Hundred Thousand Dollars ($1,500,000.00). If the City desires to enhance the design, procurement, fabrication or 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -21- Page 941 installation costs beyond Developer’s funding commitment as outlined above, the City shall be responsible for any such additional costs. If Developer does not receive Grant Approval, Developer shall have no obligation to install the Art Installation or bear any costs relating thereto; provided, however, Developer shall include in the design of the HSR Station the future potential installation of the Art Installation by the City and shall reasonably cooperate, at no out-of-pocket cost to Developer, with the City regarding with the design, fabrication and installation of the Art Installation. 14.MISCELLANEOUS. 14.1 Notices. Except as otherwise provided herein, notice to be given to a Party must be in writing and may be delivered to the Party by nationally reputable overnight courier, charges prepaid, or by certified mail, return receipt requested, to the address below (or alternative address subsequently noted by such Party). Such notice is deemed delivered the first business day after delivery to such courier or, if sent by certified mail, the date of delivery or refusal to accept delivery or inability to deliver shown on the return receipt. A party may change its address(es) for notices by a notice given pursuant to this Section. City:City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager SBCTA:San Bernardino County Transportation Authority 1170 W. Third Street, 2nd Floor San Bernardino, CA 92410 Attn: Director of Transit & Rail Programs With a copy to SBCTA General Counsel At the SBCTA address above Developer:DesertXpress Enterprises, LLC 8329 W. Sunset Road, Suite 150 Las Vegas, NV 89113 Attn: President With a copy to Developer’s Legal Department At the Developer address above 14.2 Interpretation. This Agreement is not intended to create, nor shall it be construed to create, a joint venture, a partnership, or any other similar relationship among any of the parties. The captions of the various provisions of this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents thereof. Any references to “Section” or “Sections” contained in this Agreement shall refer to that “Section” or those “Sections” contained in this Agreement. This Agreement shall be construed in accordance with the laws of the State of California. Time is of the essence in this Agreement. 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -22- Page 942 14.3 Entire Agreement. This Agreement supersedes all prior written or verbal representations or declarations of the parties with respect to the subject matter hereof. For the sake of clarity, the subject matter of the Reserved Easements are separate and distinct from this Agreement and, as such, this Agreement does not apply to, cover or address the Reserved Easements. In the event of any conflict or inconsistency, the Reserved Easements shall control. 14.4 Amendments. No addition, modification, amendment or waiver of any part of this Agreement shall be binding or enforceable unless executed in writing by the Parties and recorded in Official Records. 14.5 Remedies Cumulative. All remedies provided in this Agreement are cumulative. Therefore, notwithstanding the exercise by a Party of any remedy hereunder, such Party shall have recourse to all other remedies as may be available at law or in equity. The failure of a Party to insist upon strict performance of any provision of this Agreement shall not be deemed a waiver of any rights or remedies that such Party may have and shall not be deemed a waiver of any subsequent breach or default of any provision hereof by the same or any other Party. 14.6 Covenants Running with Land. The covenants contained in this Agreement shall constitute covenants running with the land; shall be binding upon, and shall inure to the benefit of and appurtenant to, the Station Property, the Surface Property, and any portion thereof or interest therein; and shall be binding upon, and shall inure to the benefit of, the Developer, City, SBCTA and any person having or acquiring any interest therein and their successive owners and assigns. 14.7 Recordation; Effective Date. This Agreement shall be recorded in the Official Records and shall be effective upon the date thereof. 14.8 Estoppel Certificate. Each Party to this Agreement shall endeavor to issue to the requesting Party, or to any prospective purchaser of such requesting Party’s parcel, within fifteen (15) days after the written request of any other Party, but in all events prior to thirty (30) days after such written request, an estoppel certificate stating (i) whether the Party to whom the request has been directed knows of any default under this Agreement and, if there are known defaults, specifying the nature thereof, (ii) whether this Agreement has been modified or amended in any respect and specifying the nature thereof, and (iii) whether this Agreement is, at that time, in full force and effect. 14.9 Mechanics’ Liens. If a Party to this Agreement (the “Responsible Party”) shall permit any mechanics’ liens to be filed against another Party’s parcel (an “Affected Party”), the Responsible Party shall either pay the same and have it discharged of record promptly, or take such action as may be required to reasonably and legally object to such lien and the placing of same against such Affected Party’s parcel. In all events, the Responsible Party shall cause the lien to be discharged prior to the entry of judgment for foreclosure of such lien. Upon request of an Affected Party, the Responsible Party shall furnish such security, bond or indemnity to and for the benefit of such Affected Party as may be required to permit a title endorsement or title policy to be issued relating to such Affected Party’s Parcel without showing thereon the effect of such lien. 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -23- Page 943 14.10 Duration. Unless terminated by agreement of the Parties, including without limitation execution, acknowledgement and recording in the Official Record of an instrument confirming or otherwise reflecting such termination, this Agreement and each term, easement, covenant, restriction and undertaking contained herein will remain in effect for a term of ninety-nine (99) years following recordation hereof and will automatically be renewed for successive ten (10) year periods thereafter. Termination of this Agreement shall not discharge or excuse any unpaid obligation, and the rights and remedies for collection of any unpaid obligation shall survive the Agreement’s termination. Notwithstanding any election by the Parties to terminate this Agreement, each easement created hereby which benefits the Station Property and/or the Surface Property and its respective owner or owners and Permittees shall be deemed to exist in perpetuity unless it is quitclaimed, or otherwise terminated and extinguished by each Party benefited by such easement. Any Party may request that such easement be documented by separate documentation in the event of a termination of this Agreement. 14.11 Severability. If any clause, sentence, or other portion of this Agreement shall become illegal, null, or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. 14.12 Governmental Powers. Nothing in this Agreement shall be construed as a waiver or modification of any governmental rights or powers of the Public Agencies. 14.13 Force Majeure. Provided that the Party or Parties claiming such delay gives written notice to the other Party or Parties of the nature of the cause of delay within ten (10) business days after the inception of the delay, and not otherwise, if any Party or Parties shall be delayed or hindered in or prevented from the performance of any construction or maintenance obligation required to be performed by such Party or Parties under this Agreement by reason of acts of God, natural disaster (including earthquake, hurricane, flood or severe prolonged adverse weather conditions), the outbreak of a pandemic virus or other pandemic disease, strikes, lockouts, unavailability of materials, failure of power, governmental laws or regulations, a declaration of a national, state or local emergency, directives or orders by a Governmental Authority (including orders by the federal Centers for Disease Control or its successor, or any state, county, or local public health department), riots, insurrections, adverse weather conditions preventing the performance of work as certified to by the licensed architect, engineer, or other individual overseeing the performance of the relevant work, war or other reason beyond such Party’s or Parties’ control, then the time for performance of such act shall be extended for a period equal to the period of such delay. Lack of adequate funds or financial inability to perform is not and shall not be deemed to be a cause beyond the control of a Party or Parties. 14.14 Effect of Agreement; Binding Covenants; Equitable Servitudes. Except as otherwise expressly provided herein, no rights or privileges conferred by this Agreement upon the Parties hereto shall inure to the benefit of any Permittee or other person or entity other than the Developer, City, SBCTA, or their respective successors and assigns, nor shall any such other person be deemed to be a third-party beneficiary of any of the provisions contained herein. Each and all of the restrictions, covenants, and easements of this Agreement (i) shall constitute equitable servitudes which shall apply to and be binding on the Parties hereto and each and all of their respective successors, assigns, and Permittees; and (ii) are imposed pursuant to a general plan for 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -24- Page 944 the improvement and use of the HSR Station and are designed for the mutual benefit of the Parties to this Agreement. 14.15 Time of Essence. Time is of the essence of every provision hereof in which time is a factor. 14.16 City Manager Authority. The City Manager of the City may give all approvals and make all elections described herein on behalf of the City provided they are in writing. [SIGNATURES ON FOLLOWING PAGE] 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -25- Page 945 The Parties have executed this Agreement as of the date first written above. DEVELOPER:CITY: DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability company CITY OF RANCHO CUCAMONGA By: L. Dennis Michael Mayor By:APPROVED AS TO LEGAL FORM:Sarah Watterson, President APPROVED AS TO LEGAL FORM:_____________________________ Nicholas Ghirelli, City Attorney _____________________________ David M. Pickett, Associate General Counsel SBCTA: SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: Art Bishop, Board President APPROVED AS TO LEGAL FORM: _______________________________ Julianna K. Tillquist, General Counsel 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -26- Page 946 NOTARY ACKNOWLEDGEMENTS A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On ,, before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On ,, before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature NOTARY ACKNOWLEDGEMENTS 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -27- Page 947 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On ,, before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On ,, before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf -28- Page 948 EXHIBIT A LEGAL DESCRIPTION OF STATION PROPERTY [See Attached] EXHIBIT A -1-4877-5650-6677.28 378683.00002/4-12-24/amc/mrf Page 949 EXHIBIT ‘A1’ Legal Description of the Station Property APN: 0209-272-11, 0209-272-22, & 0209-143-21 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive of Parcel Maps, in the Office of the County Recorder of said County, together with a portion of the SANBAG (formerly A.T. & S.F.) Railroad Right-of-Way, as shown on said Parcel Map, filed in the Office of said County Recorder, within Section 13, Township 1 South, Range 7 West, San Bernardino Meridian, together with a portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County, described as follows: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 12.83 feet to the Point of Beginning; Thence South 00°00’00” West 568.51 feet to the southeasterly line of Parcel 15 per said Parcel Map; Thence along said southeasterly line South 46°46’47” West 23.71 feet to the southerly line of said Parcel 15; Thence along said southerly line South 89°36’24” West 269.11 feet to the beginning of a tangent curve, concave northwesterly, having a radius of 117.00 feet; Thence northeasterly, along said curve, being the southwesterly line of said Parcel 15, through a central angle of 29°43’39” an arc length of 60.70 feet; Preliminary 05/23/2024 11:38:22 AM Page 1 of 2 Page 950 Thence leaving said southerly line North 00°10’37” West 569.98 feet to said northerly line of the Rancho Cucamonga Metrolink Station Phase I; Thence North 00°10’37” West 33.38 feet; Thence North 87°50’29” East 346.61 feet; Thence South 00°00’00” East 44.81 feet to the Point of Beginning; Excepting therefrom only that certain eight-foot-high parcel described in Exhibit B1 attached hereto. Parcel contains 225,143 square feet, more or less. See Exhibits ‘A2’ attached hereto and made a part hereof. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: ______________________ Sean M. Smith, PLS 8233 Date: ____________________ Preliminary 05/23/2024 11:38:26 AM Page 2 of 2 Page 951 Preliminarydescribed 05/23/2024 11:38:27 AM Page 952 EXHIBIT B LEGAL DESCRIPTION OF SURFACE PROPERTY [See Attached] EXHIBIT B -1-4877-5650-6677.28 378683.00002/4-12-24/amc/mrf Page 953 EXHIBIT ‘B1’ Legal Description of the Surface Property APN: 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647, in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive, of Parcel Maps, in the Office of the County Recorder of said County, within Section 13, Township 1 South, Range 7 West, San Bernardino Meridian, described as follows: That certain 8-foot-high portion of land, of the real property described herein, being the air space above the above-described land, bounded above by a horizontal plane 8 feet above the highest ground surface elevation, and as depicted in Exhibit B3; Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County; Thence along said easterly prolongation line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 12.83 feet; Thence leaving said easterly prolongation line and northerly line South 00°00’00” West 220.19 feet; Thence South 90°00’00” West 10.47 feet to the Point of Beginning; Thence South 90°00’00” West 248.00 feet; Thence South 00°00’00” East 348.75 feet; Thence North 90°00’00” East 248.00 feet; Thence North 00°00’00” East 348.75 feet to the Point of Beginning. Preliminary Page 1 of 2 05/22/2024 7:32:39 AM Page 954 Parcel contains 86,490 square feet, more or less. See Exhibits ‘B2’ and ‘B3’ attached hereto and made a part hereof. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: ______________________ Sean M. Smith, PLS 8233 Date: ____________________ Preliminary 04/16/2024 3:50:51 PM Page 2 of 2 Page 955 Preliminary 04/16/2024 3:50:53 PM Page 956 Preliminary 02/26/2024 5:04:10 PM Page 957 EXHIBIT ‘C-1’ TO CC&Rs DESCRIPTION AND DEPICTION OF THE ADJACENT TRANSIT CENTER APN: 0209-272-11 & 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive, of Parcel Maps, in the Office of the County Recorder of said County, together with that portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County, described as follows: All that portion of said Parcel 15, together with all that portion of said Rancho Cucamonga Metrolink Station Phase I; Excepting therefrom that portion lying easterly of the following described line: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29’50” East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation of said northerly line South 89°43’55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°43’55 West 359.10 feet to the Point of Beginning; Thence South 00°10’37” East 569.98 feet to the southerly line of said Parcel 15, also being the Point of Terminus; Parcel contains 227,529 square feet, more or less. The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.00 epoch. Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibit ‘C-2’ attached hereto and made a part hereof. Preliminary Page 1 of 2 05/13/2024 11:04:12 AM Page 958 This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act (Bus. & Prof. Code §8700). Signature: ______________________ Sean M. Smith, PLS 8233 Date: ____________________ Preliminary 05/13/2024 11:04:19 AM Page 2 of 2 Page 959 C-2 Preliminary 05/23/2024 10:38:23 AM Page 960 TABLE OF CONTENTS Page DEFINITIONS..................................................................................................................21. 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 Agreement.............................................................................................................2 City........................................................................................................................2 Developer Permittee..............................................................................................3 DDA......................................................................................................................3 HSR Station ..........................................................................................................3 Metrolink...............................................................................................................3 Official Records....................................................................................................3 Party......................................................................................................................3 Permittee ...............................................................................................................3 1.10 Properties ..............................................................................................................3 1.11 Public Agencies Permittee....................................................................................3 1.12 SBCTA..................................................................................................................3 1.13 Station Property ....................................................................................................4 1.14 Surface Property....................................................................................................4 1.15 Transit Center........................................................................................................4 USE RESTRICTIONS......................................................................................................42. 3. 2.1 2.2 Use Restriction......................................................................................................4 No Interference .....................................................................................................4 MAINTENANCE AND OPERATIONAL OBLIGATIONS...........................................5 3.1 3.2 3.3 3.4 Maintenance and Repair .......................................................................................5 Cooperation...........................................................................................................5 Operation of HSR Station.....................................................................................5 Modifications After Initial Construction ..............................................................5 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf (i) Page 961 Page EASEMENTS...................................................................................................................54. 5. 4.1 4.2 Easements for the Benefit of the Surface Property...............................................5 Easements for the Benefit of the Station Property................................................5 INSURANCE....................................................................................................................6 5.1 5.2 5.3 5.4 Insurance Requirements........................................................................................6 Insurance During Construction.............................................................................7 General Insurance Requirements........................................................................12 Coverage Amounts..............................................................................................13 6.INDEMNITY..................................................................................................................13 6.1 6.2 Indemnity............................................................................................................13 General Provisions..............................................................................................13 7. 8. ENFORCEMENT AND REMEDIES ............................................................................14 APPROVALS AND DISPUTE RESOLUTION............................................................14 8.1 8.2 8.3 8.4 8.5 Dispute Resolution..............................................................................................14 Meet and Confer .................................................................................................14 Mediation............................................................................................................14 Admissibility.......................................................................................................14 Costs....................................................................................................................15 9.REVERSIONARY RIGHT ............................................................................................15 9.1 Reversionary Right .............................................................................................15 10. 11. RIGHT OF FIRST NEGOTIATION..............................................................................15 10.1 First Negotiation .................................................................................................15 MISCELLANEOUS .......................................................................................................16 11.1 Davis-Stirling Act, Commercial and Industrial Common Interest Development Act Inapplicable ...........................................................................16 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf (ii) Page 962 Page 11.2 Notices ................................................................................................................16 11.3 Interpretation.......................................................................................................17 11.4 Entire Agreement................................................................................................17 11.5 Amendments .......................................................................................................17 11.6 Remedies Cumulative.........................................................................................17 11.7 Covenants Running with Land............................................................................17 11.8 Recordation; Effective Date................................................................................17 11.9 Estoppel Certificate.............................................................................................17 11.10 Mechanics’ Liens................................................................................................17 11.11 Duration ..............................................................................................................18 11.12 Severability .........................................................................................................18 11.13 Attorneys’ Fees; Court Costs..............................................................................18 11.14 Force Majeure.....................................................................................................18 11.15 Effect of Agreement; Binding Covenants; Equitable Servitudes .......................18 11.16 Boundaries of Parcels .........................................................................................19 4877-5650-6677.28 378683.00002/4-12-24/amc/mrf (iii) Page 963