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Home My WebLink About2010/06/16 - Agenda Packet10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 AGENDAS REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT BOARDS CITY COUNCIL REGULAR MEETINGS 1 gt and 3`d Wednesdays ~ 7:00 P.M. JUNE 16, 2010 MEMBERS MAYOR MAYOR PRO TEM COUNCIL MEMBERS Donald J. Kurth, M.D. L. Dennis Michael Rex Gutierrez Sam Spagnolo Diane Williams CITY MANAGER CITY ATTORNEY CITY CLERK Jack Lam, AICP James L. Markman Janice C. Reynolds ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room............ 5:00 P.M. REGULAR MEETING Council Chambers ........................ 7:00 P.M. INFORMATION FOR THE PUBLIC ' RANCHO C,,UCAMONGA TO ADDRESS THE REDEVELOPMENT AGENCY, FIRE BOARD AND CITY COUNCIL The Agency, Fire Board and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Agency, Fire Board or City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. During "Public Communications," your name will be called to speak on any item listed or not listed on the aoenda in the order in which it was received. lfas aart of vourpresentation. you would like to disvlav audio or visual material, please see the City Clerk before the meeting commences. If you are present to speak on an "Advertised Public Hearing" item, your name will be called when that item is being discussed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. 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. Any handouts for the Agency, Fire Board or City Council should be given to the City Clerk for distribution. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, Public Library and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Agency, Fire Board and Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on-demand" from their computers. The added feature of "Streaming Video On Demand" is available on the City's website at www.ci.rancho- cucamonga.ca.us/whatsnew.htm for those with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The Agency, Fire Board and 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. Members of the City Council also sit as the Redevelopment Agency and the Fire District Board. Copies of the agendas and minutes can be found at http:llwww.ci.rancho-cucamonga.ca.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at {909) 477-2700. 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. Please turn off all cellular phones and pagers while the meeting is in session. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA i p~~. .TUNE 16, 2010 CLI~C , ONGA - - -- - - - - - - - - - A. 5:00 P.M. -CLOSED SESSION CALL TO ORDER -TAPIR ROOM 1. Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams CLOSED SESSION CALLED TO ORDER AS THE CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEMS C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S D. CONDUCT OF CLOSED SESSION D1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -City E. CITY MANAGER ANNOUNCEMENTS F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ JUNE 16, 2010 2 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE AGENCY, FIRE BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutien-ez, Spagnolo and Williams H. ANNOUNCEMENTS/PRESENTATIONS H1. Administration of Oaths of Office to newly re-appointed Park and Recreation Commissioners Antonio Karraa and Janet Ryerson. (City Clerk) H2. Presentation of a Proclamation in Recognition of the Sons of Italy 105' Anniversary. H3. Presentation of Project C.A.N.I.N.E. for the 2009/2010 school year. I. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Redevelopment Agency, Fire Protection District and City Council on any item listed or not listed on the agenda. State law prohibits the Agency, Fire Board, or City Council from addressing any issue not previously included on the Agenda. The Agency, Fire Board, or City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Agency, Fire Boats 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, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. 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. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ JUNE 16, 2010 3 J. CONSENT CALENDAR -REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and noncontroversial. ~ They will be acted upon by the Agency at one time without discussion. Any item may be ~ removed by an Agencymember for discussion. J1. Approval of Minutes: June 2, 2010 (Regular Meeting) June 3, 2010 (Special Meeting) P12 J2. Approval of Check Register dated May 26, 2010 through June 8, 2010, for the total amount of $2,007,476.65. J3. Approve to receive and file current Investment Schedule as of April 30 and May 31, 2010. P14 J4. Approval of a Resolution in accordance with Health and Safety Code Section 33445 P48 which authorizes the Redevelopment Agency to expend funds for land and public improvements that are publicly owned and located inside or contiguous to the Project Area. RESOLUTION NO. RA 10-014 P49 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, CALIFORNIA, REGARDING PROJECTS BENEFITING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD J5. Approval of a Resolution in accordance with Health and Safety Code Section 33445.1 P52 which authorizes the Redevelopment Agency to expend funds for land and public improvements that are publicly owned and located outside and not contiguous to the Project Area but are located within the community. RESOLUTION NO. RA 10-015 P54 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, CALIFORNIA, REGARDING PROJECTS BENEFITING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD J6. Accept the bids received and award and authorize the execution of the contract (CO 10- P58 064) in the amount of $5,186,474.00, to the lowest responsive bidder, Garcia Juarez Construction Inc., and authorize the expenditure of a 10°~ contingency in the amount of $518,647.40, for the Hellman Avenue Master Planned Storm Drain and Street Improvements -Phase 1 from 9th Street to San Bernardino Road to be funded from Tax Increment Funds, Account No. 2500801-565011553500-0. P72 J7. Accept the bids received and award and authorize the execution of the contract (CO 10- 065} in the amount of $134,084.00, to the lowest responsive bidder, Ampco Contracting Inc., and authorize the expenditure of a 10% contingency in the amount of $13,408.40, for the Removal of the Old Southern Pack Railroad Bridge west of Baker Avenue to be funded from 2004 Tax Allocation Bond Funds, Account No. 2660801-5650/1189660-0. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ .TUNE 16, 2010 4 K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board atone time without discussion. Any item may be removed by a Boardmember for discussion. K1. Approval of Minutes: June 2, 2010 (Regular Meeting) June 3, 2010 (Special Meeting) P76 K2. Approval of Check Register dated May 26, 2010 through June 8, 2010 for the total amount of X57,882.01. K3. Approval to receive and file current Investment Schedule as of April 30 and May 31, 2010. P79 K4. Approval of a Resolution adopting the annexation map showing Assessor Parcel Number P89 (APN) 1062-321-35, (Alfonso 8 Kay Carrillo, Owners), located on the northwest comer of Peridot Avenue and Banyan Street, into Community Facilities District (CFD) No. 88-1. RESOLUTION NO. FD 10-024 P91 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. 88-10-2) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 88-1 K5. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. P93 88-10-2 (APN: 1062-321-35, Alfonso 8~ Kay Carrillo, Owners), 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 10-025 P95 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. 88-10-2) TO COMMUNITY FACILITIES DISTRICT NO. 88-1 K6. Approval of a Resolution adopting a Memorandum of Understanding between the Rancho p103 Cucamonga Fire Protection District and the Fire Management Employee Group for Fiscal Year 2010-11. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ JUNE 16, 2010 5 RESOLUTION NO. FD 10-026 P104 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE FIRE MANAGEMENT EMPLOYEE GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2010-11 K7. Approval of a Resolution adopting a Memorandum of Understanding between Rancho P135 Cucamonga Fire Protection District and the Firefighters Local 2274 for Fiscal Year 2010- 11. RESOLUTION NO. FD 10-027 P136 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2010-11 L. CONSENT CALENDAR -CITY COUNCIL The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councllmember for discussion. L1. Approval of Minutes: June 2, 2010 (Regular Meeting) June 3, 2010 (Special Meeting) P172 L2. Approval of Check Register dated May 26, 2010 through June 8, 2010 and payroll ending June 8, 2010 forthe total amount of $5,071,194.91. L3. Approval to receive and file current Investment Schedule as of April 30 and May 31, 2010. P207 L4. Approval of the Community Services Update Report. P231 L5. Approval of a recommendation from the Parts and Recreation Commission regarding P243 proposed fee mod cations for program activities and facilities operated by the Community Services Department. L6. Approval of a Resolution in accordance with Health and Safety Code Section 33445 P261 which authorizes the Redevelopment Agency to expend funds for land and public improvements that are publiGy owned and located inside or contiguous to the Project Area. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 6 JUNE 16, 2010 ~NCHO ~,;UCAMONGA RESOLUTION NO. 10-087 P262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA REGARDING PROJECTS BENEFITING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD L7. Approval of a Resolution in accordance with Health and Safety Code Section 33445.1 which authorizes the Redevelopment Agency to expend funds for land and public P265 improvements that are publiGy owned and located outside and not contiguous to the Project Area but are located within the community. RESOLUTION NO. 10-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO P267 CUCAMONGA, CALIFORNIA REGARDING PROJECTS BENEFITING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD L8. Authorization to award a Contract Renewal (CO 08-162) to United Paafic Service, Inc. P271 (UPS) of La Habra, for City-wide Tree Maintenance Services for Fiscal Year 2010-2011, upon mutual consent by the City Manager and contractor, to commence on or after July 1, 2010, in an annual amount of $517,420, with no cost increase for Fiscal Year 2010-2011, to be funded from various City accounts as approved in the Fiscal Year 2010-2011 budget. L9. Release of Faithful Performance Bond retained in lieu of Maintenance Guarantee Bond for P27Z DRC2005-00287, located at 10165 Foothill Boulevard submitted by Mohammed R. Mojabe and Elizabeth Mojabe. L10. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, P274 adopting the amended Measure "I" Six-Year Capital Improvement Program for the expenditure of Measure "I° Funds covering Fiscal Years 2009/2015. RESOLUTION NO. 10-089 P275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED MEASURE "I° SIX-YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL YEARS 2009/2015 FOR THE EXPENDITURE OF MEASURE "I" FUNDS L11. Approval to substitute Improvement Agreement and Improvement Security for Trail Map p290 16227-2, located north of Day Creek Boulevard on the west side of Etiwanda Avenue, submitted by Ryland Homes of California. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA ~ _ JUNE 16, 2010 RESOLUTION NO. 10-090 ~ P292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A NEW IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP 16227-2 AND RELEASING THE CURRENT IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY L12. Accept the bids received and award and authorize the execution of the contract (CO 10- P293 062) in the amount of $126,691.00, to the lowest responsive bidder, Kormx Inc., authorize the expenditure of a 10% contingency in the amount of $12,669.10, for the Highland Avenue Sidewalk Improvements from Rochester Avenue to east of Day Creek Channel, and authorize expenditures for construction survey and inspection services, to be funded from Measure I Funds, Account No. 1176303-5650/1723176-0. L13. Accept the bids received and award and authorize the execution of the contract (CO 10- P299 063) in the amount of $383,400.00, to the lowest responsive bidder, Steiny & Company Inc., and authorize the expenditure of a 10% contingency in the amount of $38,340.00 for the Installation of Traffic Signals at the Intersection of Hermosa Avenue and Church Street and Signal Interconnect System on Haven Avenue from Alta Loma Drive to Wilson Avenue to be funded from Transportation Funds, Account Nos. 1124303-5650/1625124-0 and 1124303-565011674124-0. L14. Consideration of approval of Resolutions initiating proceedings to levy annual P303 assessments, approve the annual levy reports, dedaring the City Council's intention to levy annual assessments within Landscape Maintenance District Nos. 1, 2, 3a, 3b, 5, 6, 7, 8, 9 and 10 for Fiscal year 2010/11 and setting the time and place for a public hearing thereon. No increase of assessment rate is proposed. RESOLUTION NO. 10-091 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL LEVY REPORTS PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, AND 5 THROUGH 10, INCLUSIVE, FOR FISCAL YEAR 2010-11 RESOLUTION NO. 10-092 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ANNUAL LEVY REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, AND 5 THROUGH 10, INCLUSIVE, FOR FISCAL YEAR 2010-11 P305 P307 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 8 JUNE 16, 2010 RESOLUTION NO. 10.093 ~ P309 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 2010-2011 IN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, AND 5 THROUGH 10, INCLUSIVE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON L15. Consideration of approval of Resolutions initiating proceedings to levy annual P526 assessments, approve the annual levy reports, dedaring the City Councl's intention to levy annual assessments within Park and Recreation Improvement District No. P0.85 for Fiscal Year 2010111 and setting the time and place for a public hearing thereon. No increase of assessment rate is proposed. RESOLUTION NO. 10-094 P528 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL LEVY REPORTS 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 2010-11 RESOLUTION NO. 10-095 P530 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ANNUAL LEVY REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2010-11 RESOLUTION NO. 10-096 ~ P532 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 2010-2011 PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON L16. Consideration of approval of Resolutions initiating proceedings to levy annual pr~7 assessments, approve the annual levy reports, declaring the City Council's intention to levy annual assessments within Street Lighting Maintenance District Nos. 1 through 8, inclusive, for Fiscal Year 2010/11 and setting the time and place for a public hearing thereon. No increase of assessment rate is proposed. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 9 JUNE 16, 2010 RANCHO RESOLUTION NO. 10-097 ~ P549 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL LEVY REPORTS PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 THROUGH 8, INCLUSIVE, FOR FISCAL YEAR 2010-11 RESOLUTION NO. 10-098 ~ P551 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ANNUAL LEVY REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 THROUGH 8, INCLUSIVE, FOR FISCAL YEAR 2010-11 RESOLUTION NO. 10-099 ~ P553 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 2010-2011 IN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 THROUGH 8, INCLUSIVE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON M. CONSENT ORDINANCES ~ The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non-controversial. The Agency, Fire Board, or Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by an Agencymember, Boardmember, or Councilmember. M1. SECOND READING OF AN ORDINANCE ADOPTING REGULATIONS APPLICABLE TO SOLICITATION AND AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL p701 ~~~ ORDINANCE NO. 831 (second reading) P702 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING REGULATIONS APPLICABLE TO SOLICITATION, AND AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICPAL CODE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 10 _ JUNE 16, 2010 The following items have no legal publication or posting requirements N1. INTRODUCE FIRST READING OF AN ORDINANCE AUTHORIZING THE LEVY OF P712 C~Cr`1 AI TAV 1\I TLJC ^IC11 P1 Gf1l1C f`!1\I\111d11TV CA!`11 ITICC 1'IICTCI!`T \I/l OG ~ ORDINANCE NO. FD 49 (first reading) P714 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, AUTHORIZING THE LEVY OF THE SPECIAL TAX IN MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2010/2011 ~~ O. CITY MANAGER'S STAFF REPORTS ~~ The following items have no legal publication or posting requirements. 01. Approval of a Jurisdiction Master Agreement between the San Bernardino County Transportation Authority (SANBAG) and the City of Rancho Cucamonga for public share P719 reimbursement of eligible project expenditures with Measure "I" 2010-2040 Major Street Program Arterial Sub-Program Funds. RESOLUTION NO. 10-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE JURISDICTION MASTER AGREEMENT BETWEEN THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SANBAG) AND THE CITY OF RANCHO CUCAMONGA 02. Southern California Edison's State of the Utility System Presentation (Oral Report) 03. Update on Local History Nigh and Debut of Digital Storytelling Program. (Oral Report) The following items have been requested by the City Council for discussion. P721 P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ JUNE 16, 2010 11 Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING R. ADJOURNMENT I, Debra L. McKay, Assistant City ClerklRecords Manager, of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on June 10, 2010, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. June 2, 2010 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council, Fire District and Redevelopment Agency held a closed session on Wednesday, June 2, 2010, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:05 p.m. by Chairman/PresidenUMayor Donald J. Kurth. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Diane Williams, Sam Spagnolo, Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor Donald J. Kurth. Also present were: Jack Lam, City Manager; John Gillison, Assistant City Manager; Linda Daniels, Deputy City Manager/Economic and Community Development and James Markman, City Attorney. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S Chairman/Mayor Donald J. Kurth announced the closed session item D1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA, FIRE & CITY D2. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) - CAMPBELL V CITY OF RANCHO CUCAMONGA, CASE NO. CIVRS905562 -City D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF ETIWANDA AVENUE, NORTH OF BASE LINE ROAD (COMMONLY REFERRED TO AS THE ETIWANDA DEPOT); LINDA D. DANIELS, RDA DIRECTOR, AND SANBAG REPRESENTATIVE, NEGOTIATING PARTIES -City D4. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND EAST AVE., LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY-RDA C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 5:05 p.m. Redevelopment Agency, Fire Protection District, City Council Minutes June 2, 2010 -Page 1 of 11 E. CITY MANAGER ANNOUNCEMENTS No announcements were made. F. RECESS The closed session adjourned at 6:45 p.m. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/PresidenUMayor Donald J. Kurth called the meeting to order at 7:00 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Diane Williams, Sam Spagnolo, Vice ChairmanlVice PresidenUMayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor Donald J. Kurth. Also present were: Jack Lam, City Manager; James Markman, City Attorney; John Giflison, Assistant City Manager; Linda Daniels, Deputy City Manager/Economic and Community Development; Joe Cusimano, Police Chief; Mike Bell, Fire Chief; Kevin McArdle, Community Services Director; James Troyer, Planning Director; Bill Wittkopf, Public Works Director; Mark Steuer, Engineering Director; Trang Huynh, Building & Safety Official; Robert Karatsu, Library Director; Jim Frost, City Treasurer; Debra McKay, Records Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of Certificate for Crossing Guard of the Year 2010. Mayor Kurth presented a Certificate of Recognition to Lori DeCosta for being recognized as 2010 Crossing Guard of the Year. H2. Presentation of Certificate of Rewgnition to TOUCH Ministries, a partner at the RC Family Resource Center, as a recipient of the 2010 Laymen Award for District 11 of the California Parks and Recreation Society. Mayor Kurth presented a Certificate of Recognition to Connie Penick, Director of TOUCH MinisVies, for receiving the 2010 Laymen Award for District 11. H3. Presentation of Certificates to donors and sponsors of the "Ron Ives Bicycle Safety Rodeo." Mayor Kurth recognized the donors and sponsors of the "Ron Ives Bicycle Safety Rodeo." I. PUBLIC COMMUNICATIONS 11. Candyce Burnett and Casey Marcarello invited the Council and the audience to Local History Night at the Biane Library on June 4, 2010. Redevelopment Agency, Fire Protection District, City Council Minutes June 2, 2010 -Page 2 of 11 12. Sandi Sawyers spoke about the creation of the USO and the activities provided by the Ontario USO. Further information is available at http://www.usoontario.org. 13. Jessica Holt indicated that her son, Jcey, was a H1N1 victim and gave a PowerPoint presentation on the Jcey Holt Foundation. 14. Patrick Hartrick invited the Council and the audience to the Fire Fighter's Benefit Car Show to be held on June 27, 2010. 15. John Lyons expressed his condolences to the family of Charles A. West. He commented on the Memorial Day activities at Omaha Jacks. Mr. Lyons endorsed Mayor Kurth as a candidate for the 63rd Assembly District. He also addressed the high cost of medical insurance and indicated that smokers should pay more for their insurance. 16. Lucille Vega Harbour spoke about her recent experience in calling 9-1-1 and interaction with the Police Department. She had complained to the Mayor about the response and appreciated his timely response to the matter. 17. Jim Moffatt displayed various campaign materials regarding Mayor Kurth and indicated that the some of the statements made in the materials were misleading. 18. Bill Hanlon expressed concerns with the amount of time the public is allowed to speak. He inquired how the public could place items on the agenda and suggested that the City Manager be cited for lack of maintenance in the common grounds. Mr. Hanlon requested that an update on the veteran's memorial be given the second meeting of each month. He also noted that public comments should be included in the minutes. Lastly, Mr. Hanlon noted that political debates are needed, not sign pollution. 19. Jim Frost indicated that he just returned from the Run for the Wall. He expressed his condolences to the family of Charles A. West and spoke regarding Mr. West's contributions to the City. Mr. Frost suggested that the meeting be adjourned in his memory. 110. Luana Hernandez reported that the Historic Home Tour on May 23rd was very successful. She expressed a concern with the pending removal of historic Vees on Hellman Avenue. In response, it was noted that a meeting would be held next week regarding this matter. 111. Joseph Machado invited the City Council and the audience to Central Park on June 5, 2010 at 8:00 a.m. He will be biking across America and hoped to raise $500,000 for charity. Further information is available at www.bikingforamerica.com. 112. Dianna Lee from Supervisor Biane's Office invited the Council and the public to a Health and Safety Fair on June 12, 2010. J. CONSENT CALENDAR-REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Agency at one time without discussion. Any item may be removed by an Agencymember for discussion. J1. Approval of Minutes: May 19, 2010 (Regular Meeting) J2. Approval of Check Register dated May 12 through May 25, 2010, for the total amount of $1,771,402.62. J3. Approval to proceed with the biennial review of the Conflict of Interest Code for the Redevelopment Agency, Fire Protection District and City Council. Redevelopment Agency, Fire Protection District, City Council Minutes June 2, 2010 -Page 3 of 11 J4. Approval to accept the Base Line Road Parkway Landscape from Rochester Avenue to 600' east of Rochester Avenue, Contract No. RA09-023 as complete, approve the final contract amount of $98,495.66, release the Bonds, accept a Maintenance Bond, and approve a resolution to authorize the City Engineer to file a Notice of Completion. RESOLUTION NO. RA 10-012 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BASE LINE ROAD PARKWAY LANDSCAPE FROM ROCHESTER AVENUE TO 600' EAST OF ROCHESTER AVENUE, CONTRACT NO. RA09-023 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK J5. Approval to release of Faithful Performance Bond No. 728181 P, retained in lieu of Maintenance Guarantee Bond in the amount of $993,284.00, for the Pacific ElecVic Trail Phase V Improvements, Contract No. 08-093. J6. Release of Faithful Performance Bond No. SU5025070, retained in lieu of Maintenance Guarantee Bond in the amount of $702,684.10, for the Epicenter Stadium Seat Replacement Project, Contract No. RA08-018. J7. Approval for award and authorize the increase to Contract No. RA09-017 in the amount of $409,237.00 to Jacobs Engineering, and authorize the expenditure of a 10% contingency in the amount of $40,923.70 for Construction Support Services for the Foothill Boulevard Bike/Pedestrian Bridge, Route 66 Trailhead and Street Improvement Project from San Bernardino Road to Vineyard Avenue, to be funded from 2004 Public Improvement Tax Allocation Bond Funds, Account No. 2660801-865011189660-0. J8. Approval for award and authorize the increase to Contract No. RA07-113 in the amount of $465,000.00 to Dan Guerra and Associates, and authorize the expenditure of a 10% contingency in the amount of $46,500.00 for Construction Survey Services for the Foothill Boulevard Bike/Pedestrian Bridge, Route 66 Trailhead and Street Improvement Project from San Bernardino Road to Vineyard Avenue, to be funded from 2004 Public Improvement Tax Allocation Bond Funds, Account No. 2660801-5650/1189660-0. J9. Approval for award of a contract in the amount of $556,800.00 to AUFBAU Corporation (RA 10- 009), and authorize the expenditure of a 10% contingency in the amount of $55,680.00 for ConsVuction and Inspection Support Services for the Foothill Boulevard Bike/PedesVian Bridge, Route 66 Trailhead and SVeet Improvement Project from San Bernardino Road to Vineyard Avenue, to be funded from 2004 Public Improvement Tax Allocation Bond Funds, Account No. 2660801-565011189660-0. MOTION: Moved by Williams, seconded by Michael, to approve the staff recommendations in the staff reports. Motion carried 5-0. K CONSENT CALENDAR -FIRE PROTECTION DISTRICT The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board at one time without discussion. Any item may be removed by a Boardmember for discussion. K1. Approval of Minutes: May 19, 2010 (Regular Meeting) K2. Approval of Check Register dated May 12 through May 25, 2010, for the total amount of $109,023.58. Redevelopment Agency, Fire Protection District, City Council Minutes June 2, 2010 -Page 4 of 11 K3. Approval- to proceed with the biennial review of the Conflict of Interest Code for the Redevelopment Agency, Fire Protection DisUict and City Council. MOTION: Moved by Michael, seconded by Spagnolo, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Moticn carried 5-0. L. CONSENT CALENDAR -CITY COUNCIL The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember for discussion. L1. Approval of Minutes: May 19, 2010 (Regular Meeting) L2. Approval of Check Register dated May 12 through May 25, 2010, and payroll ending May 25, 2010, for the total amount of $3,176,661.71. L3. Approval and appropriation of funds received from the County of San Bernardino, Department of Aging and Adult Services, for a Senior Supportive Services -Older Americans Act Title III B Grant in the amount of $7,500 (Revenue Fund Account: 1258000-4740 Expenditure Fund Account: 1258401-5300 ). L4. Approval to proceed with the biennial review of the Conflict of Interest Code for the Redevelopment Agency, Fire Protection DisVict and City Council. L5. Approval of a recommendation from the Park and Recreation Commission to approve a light variance requested for Minors, Majors, Juniors and Senior Divisions All-Star Tournament hosted by District 71 Little League during June 26 -July 22, 2010, at Heritage and Red Hill Community Parks. L6. Approval of Amendment to the Corridor Design Authority (210 Foothill Freeway) Joint Powers Agreement (CO 94-009). RESOLUTION NO. 10-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO THE CORRIDOR DESIGN AUTHORITY (210 FOOTHILL FREEWAY) JOINT POWERS AGREEMENT, TO CHANGE THE VOTING MEMBERSHIP OF THE AUTHORITY BOARD OF DIRECTORS L7. Approval to award the purchase of Microsoft software, including SQL server, Windows server, and Windows server client access licenses in the amount of $93,875 to Dell, utilizing Western States Contract Alliance (WSCA) Contract Number 627160, for FY 2009/10 as follows: $34,731 from Account No. 1001209-5152 (computer software) and $59,144 from Account No. 1714001-5152 (Computer EquipmenUTechnical Replacement Fund-Computer Software). L8. Approval to award the purchase of network equipment and software in the amount of $180,307 to Nexus IS, utilizing the County of Riverside's competitively bid contract number RIVCO- 0 242 0-00 2-511 3 for FY 2009/10 to be funded from the Computer EquipmenUfechnology Replacement fund as follows: $81,130 from Account No. 1714001-5605 (Capital Outlay- Computer Equipment), $98,521 from Account No. 1714001-5215 (O&MlComputer Equipment), and $656 from Account No. 1714001-5152 (Computer Software); also approve the transfer of $61,400 from Account No. 1714001-5605 (Capital Outlay-Computer Equipment) to 1714001- 5215 (O&M/Computer Equipment). Redevelopment Agency, Fire Protection District, City Council Minutes June 2, 2010 -Page 5 of 11 L9. Approval of a resolution ordering the annexation of certain property into Landscape Maintenance District No. 8 and Street Light Maintenance District No. 8, located on East Avenue and southeast of Fisher Drive, submitted by Bishop Protestant Episcopal Church. RESOLUTION NO. 10-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN PROPERTY TO LANDSCAPE MAINTENANCE DISTRICT NO. 8 AND STREET LIGHT DISTRICT NO. 8 LOCATED ON EAST AVENUE AND SOUTHEAST OF FISHER DRIVE (APN 0227-071-17) L10. Approval to accept the bids received and award and authorize the execution of the Contract in the amount of $598,170, to the apparent low bidder, O'Donnell Construction, Inc. (CO 10-059) of San Dimas, California, and authorize the expenditure of a 15% contingency in the amount of $89,726, for "Citywide Bridge Deck Maintenance, Phase 2 of 3" base bid plus additive bids 1, 2, 4, 5, and 6 per the attached bid summary to be funded from Account 1112303- 565011542112-0 ($477,326 contract amount plus contingency of $89,726) and 1116303- 565011542116-0 ($120,844 contract amount). L11. Acceptance of Real Property Improvement Contract and Lien Agreement from Margarita Ortega-Paulli (CO 10-060) for a single family residence, located on the north side of Nineteenth Street, East of Beryl Street. RESOLUTION NO. 10-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY AGREEMENT CONTRACT AND LIEN AGREEMENT FROM MARGARITA ORTEGA- PAULLI AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME L12. Approval to accept the Base Line Road Parkway Landscape from Rochester Avenue to 600' east of Rochester Avenue, Contract No. RA09-023 as complete, approve the final contract amount of $98,495.66, release the Bonds, accept a Maintenance Bond, approve a resolution to authorize the City Engineer to file a Notice of Completion, approve a resolution to authorize the City Engineer to file a claim for the reimbursement of approved SANBAG funding from the Transportation Development Act (TDA) Article 3, 20% Transit Access Funds, and approve a resolution to order the annexation of the territory to Landscape Maintenance District No. 1. RESOLUTION NO. 10-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BASE LINE ROAD PARKWAY LANDSCAPE FROM ROCHESTER AVENUE TO 600' EAST OF ROCHESTER AVENUE, CONTRACT NO. RA 09-023 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK RESOLUTION NO. 10-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO FILE A CLAIM FOR THE REIMBURSEMENT OF APPROVED SANBAG FUNDING FROM TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3, 20% TRANSIT ACCESS FUNDS FOR THE BASE LINE ROAD PARKWAY LANDSCAPE FROM ROCHESTER AVENUE TO 600' EAST OF ROCHESTER AVENUE Redevelopment Agency, Fire Protection District, City Council Minutes June 2, 2010 -Page 6 of 11 RESOLUTION NO. 10-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE BASE LINE ROAD PARKWAY LANDSCAPE FROM ROCHESTER AVENUE TO 600' EAST OF ROCHESTER AVENUE, TO THE WORK PROGRAM WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 1 L13. Approval of a resolution denying an appeal of a Planning Commission decision to revoke Conditional Use Permit DRC2007-00283R for Loco Cantina & Grill, and approval of a resolution denying an appeal of a Planning Commission decision to revoke Entertainment Permit DRC2007-00284R for Loco Cantina & Grill. RESOLUTION NO. 10-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT DRC2007-00283R EL LOCO CANTINA & GRILL, AN EXISTING RESTAURANT WITH BAR AND ENTERTAINMENT WITHIN THE MAST PLAZA SHOPPING CENTER IN THE INDUSTRIAL PARK DISTRICT, SUBAREA 7, LOCATED AT 11815 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0229-011-38 RESOLUTION NO. 10-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF ENTERTAINMENT PERMIT DRC2007- 00284R FOR LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT WITHIN THE MAST PLAZA SHOPPING CENTER IN THE INDUSTRIAL PARK DISTRICT, SUBAREA 7, LOCATED AT 11815 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0229-011-38 L14. Release of Faithful Performance Bond No. 728181 P, retained in lieu of Maintenance Guarantee Bond in the amount of $993,284.00, for the Pack Electric Trail Phase V Improvements, Contract No. 08-093. L15. Release of Faithful Performance Bond No. 786029P, retained in lieu of Maintenance Guarantee Bond in the amount of $239,980.00, for the Traffic Signal Interconnection System at 23 Locations project, Contract No. 08-052. L16. Approval to release Maintenance Guarantee Bond for Tract 16311, located on the southeast corner of Hellman and Sixth Street submitted by Crestwood Corporation. MOTION: Moved by Gutierrez, seconded by Michael, to approve the staff recommendations in the staff reports. Motion carried 5-0. M. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. Redevelopment Agency, Fire Protection District, City Council Minutes June 2, 2010 -Page 7 of 11 M1. CONSIDERATION OF THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE - DRC2010-00261 -CITY OF RANCHO CUCAMONGA - A review of the Analysis of Impediments to Fair Housing Choice, a Federally-required document for the receipt of Community Development Block Grant (CDBG) funds, which provides an overview of the laws, regulations, or other obstacles that may affect accessibility to housing. RESOLUTION NO. 10-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE DRC2010-00261, A FEDERALLY-REQUIRED DOCUMENT FOR THE RECEIPT OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, WHICH PROVIDES AN OVERVIEW OF THE LAWS, REGULATIONS, OR OTHER OBSTACLES THAT MAY AFFECT ACCESSIBILITY TO HOUSING; AND MAKING FINDINGS IN SUPPORT THEREOF Tom Grahn, Associate Planner, presented the staff report In response to Mayor Pro Tem Michael, Mr. Grahn indicated that the analysis is not submitted to the State far its approval, rather it is provided as information. Mayor Pro Tem Michael indicated that there is great information in the analysis which could be used by various Departments as well. In response to Councilmember Williams, Mr. Grahn noted that once the analysis is adopted it would be placed on the City's Internet site. In response to Councilmember Gutierrez, the chart on Page #10 of the report was discussed. Mr. Grahn indicated that this information was provided by the census or in an update. James Troyer, Planning Director, indicated to Councilmember Gutierrez that the census information for this year should be available by the end of the year. Mayor Kurth opened the public hearing. With no one wishing to speak, Mayor Kurth closed the public hearing MOTION: Moved by Michael, seconded by Williams, to adopt Resolution Nos. 10-082. Motion carried 6- 0. N. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. N7. ETIWANDA DEPOT NATIONAL REGISTER DESIGNATION Cathy Morcis, Planning Specialist, presented the staff report. In response to Mayor Pro Tem Michael, she expanded on the vision for the facility to house a rail museum. N2. INTRODUCE FOR FIRST READING AN ORDINANCE ADOPTING REGULATIONS APPLICABLE TO SOLICITATION AND AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. ORDINANCE NO. 831 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING REGULATIONS APPLICABLE TO SOLICITATION, AND AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICPAL CODE Redevelopment Agency, Fire Protection District, City Council Minutes June 2, 2010 -Page 8 of 11 Tamara Layne, Finance Director, presented the staff report. In response to Councilmember Gutierrez, Mrs. Layne discussed the intent of the Ordinance to regulate noncharitable activities and how the charitable/non~haritable status would be determined. In response to Mayor Pro Tem Michael, she indicated that the public would be educated to look for a permit. It was noted that solicitors would be required to display their permit. In response to Mayor Pro Tem Michael, it was noted that a company with 15 employees would need to get 15 background checks and permits. Mr. Markman stated to Councilmember Spagnolo that solicitors in parking lots typically are requesting donations for charitable causes. These organizations do not require a permit. In conclusion, Tamara Layne stated that information would be included in the Grapevine, etc. Councilmember Williams suggested that the information include the current regulation prohibiting solicitation after sunset. Councilmember Williams suggested that the information provided to the public include a telephone number to report possible violators. In response to Councilmember Gutierrez, Mrs. Layne did not know the actual fee for fingerprinting or background checks but she noted that the fee for fingerprinting reflects the City's actual cost. She noted that she would check on the fee for the background check. MOTION: Moved by Williams, seconded by Michael, to take up Ordinance No. 831 for first reading and set second reading for June 16, 2010. Motion carried 5-0. N3. Nettie Nielsen, Community Services Supervisor, presented the staff report. In response to Councilmember Gutierrez, she indicated that the architect would not be providing a conceptual diagram for the public workshop on June 24v'. The purpose of the workshop is to acquire suggestions from the community. Councilmember Gutiercez wondered how the proposed location would fit in with the busy senior center. In response to Councilmember Gutierrez, Mrs. Nielsen addressed the proposed financial threshold, noting that the Department would be meeting with the various organizations later on in order to get a better idea of their fundraising capability. MOTION: Moved by Michael, seconded by Williams, to approve the design purposes, goals and parameters for the future Veterans/Armed Forces Reflection Area at CenVal Park. Motion carried 5-0. O. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. 01. CONSIDERATION OF CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S RECOMMENDATION REGARDING APPOINTMENTS TO THE PARK AND RECREATION COMMISSION. Councilmember Williams reported that the Community Services Subcommittee is recommending the re- appointment of Antonio Karraa and Janet Ryerson to serve additional four-year terms on the Park and Recreation Commission. MOTION: Moved by Michael, seconded by Spagnolo, to appoint Antonio Karraa and Janet Ryerson to the Park and Recreation Commission with terms to expire in June, 2014. Motion carried 5-0. Redevelopment Agency, Fire Protection DisVict, City Council Minutes June 2, 2010 -Page 9 of 11 02. Councilmember Spagnolo reported that the Community Services Subcommittee is recommending the appointment of Paul Gesieriech to serve afour-year term on the Park and Recreation Commission. MOTION: Moved by Michael, seconded by Gutierrez, to appoint Paul Gesieriech to the Community Foundation Board of Directors with a term to expire in June, 2014. Motion carried 5-0. 03. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo noted that he attended a Flag Retirement Ceremony on June 12, 2010 and encouraged the public to dispose of their flags properly. Councilmember Gutierrez noted the need to work on the Political Sign Ordinance. He indicated that the current Ordinance allows candidates 45 days to display their campaign signs but noted that there should only be one sign per candidate per parcel. Mayor Pro Tem Michael commented on the beautiful Pacific-Electric Trail. Councilmember Williams reported that the 13th Annual Survey of San Bernardino County was recently provided at a SANBAG Board Meeting. She indicated that there was very interesting demographic information in this document. Mayor Kurth addressed several misstatements that were made earlier in the meeting. He noted that the City Council has never supported illegal immigration. Also, Mayor Kurth noted that the Municipal Utility's electric rates follow the rates set by the Public Utilities Commission. He thanked Omaha Jacks for their Memorial Day celebration. Lastly, Mayor Kurth expressed his condolences to the family of Charles A. West and indicated that the meeting would be adjourned in his memory. 04. LEGISLATIVE AND REGIONAL UPDATES (Oral) Councilmember Spagnolo stated that the Governor released the May Budget Revision a couple of weeks ago, noting that the State's deficit is projected at $19.1 billion. After sending $1.7 billion of redevelopment funding and another $350 million scheduled for next year, Councilmember Spagnolo indicated that there does not appear to be any other substantial impact to the City. Councilmember Spagnolo reported on AB 155, which would require municipalities seeking bankruptcy protection to obtain approval from a State committee. He indicated that the City joins over 100 other cities in opposing this bill. He also reported on SB 625 which the City is also opposing. This bill thwarts the City's ability to collect full Transient Occupancy Taxes. Mayor Pro Tem Michael indicated that Larry Allen Kester was an OmniTrans bus driver who was murdered while driving his bus in the City of Rialto on May 7, 2010. He spoke about Larry's service to the community and requested that the meeting be adjourned in his memory. Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. Redevelopment Agency, Fire Protection District, City Council Minutes June 2, 2010 -Page 10 of 11 R. ADJOURNMENT Mayor Kurth adjourned the meeting at 9:10 p.m. in the memory of Charles A. West and Larry Allen Kester. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: ***** Redevelopment Agency, Fire Protection District, City Council Minutes June 2, 2010 -Page 11 of 11 June 3, 2010 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES REDEVELOPMENT AGENCY MINUTES FIRE PROTECTION DISTRICT MINUTES SPECIAL MEETING A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council, Redevelopment Agency and Fire Protection District was held on Thursday, June 3, 2010, in the Tri-Communities Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor/Chairman/President Donald J. Kurth called the meeting to order at 5:00 p.m. Present were Councilmembers/Agencymembers/Boardmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Mayor Pro TemNice Chairman/Vice President L. Dennis Michael and Mayor/ChairmanlPresident Donald J. Kurth. Also present were: Jack Lam, City Manager/Executive Director; John Gillison, Assistant City Manager; Linda Daniels, Deputy City Manager/Community and Economic Development; Tamara Layne, Finance Director; James Troyer, Planning Director; Mark Steuer, Director Engineering Services/City Engineer; Kevin McArdle, Community Services Director; Trang Huynh, Building and Safety Official; Robert Karatsu, Library Director; Bill Wittkopf, Public Works Services Director; Chief Joe Cusimano, Rancho Cucamonga Police Department; Chief Mike Bell, Rancho Cucamonga Fire Protection District; Jce Pulcinella, Animal Services Director; Jim Frost, City Treasurer and Debra L. McKay, Assistant City Clerk/Records Manager. •ttRff B. PUBLIC COMMUNICATIONS No communication was made from the public. tt 1R1e1 C. ITEMS FOR DISCUSSION C1. DISCUSSION AND CONSIDERATION OF PROPOSED BUDGETS FOR FISCAL YEAR 2009170 A staff report was presented by Jack Lam, City Manager/Executive Director. In response to Councilmember Gutierrez, Mr. Lam indicated that retail sales data lags about three months. He stated that there have been hopeful signs of increased economic activity but did not yet know what this will mean spec~cally for the City in the upcoming fiscal year. Discussion was held. Mr. Lam noted that the City General Fund is recommended to be $62,794,080, which includes a $942,400 use of reserves. This is 5.5% lower than the Fiscal Year 2009!10 budget. It was reported that the Fire District operating budget is recommended to be $24,964,580, which includes a $304,770 use of reserves. This is 3.1% lower than the Fiscal Year 2009/10 budget. Lastly, the Library operating budget is rewmmended at $4,048,750 and is 4.5% lower than the Fiscal Year 2009/10 budget. Staff has been reduced by 59 FTE positions or 11.5% of the workforce. Mr. Lam reported that a PERS rate stabilization reserve has been established in the amount of $787,900. In response to Mayor Pro Tem Michael, Mr. Lam reported that these funds were provided from the annual operating cost as the Fire District has no unfunded liability. Special City Council/Redevelopment Agency/Fire Protection District Meeting June 3, 2010 Page 2 of 2 Also addressed were other budget issues, including the State budget challenge. Past remedies include taking property tax and sales tax to balance the State budget. Recently, Mr. Lam noted that the State took gas tax funds and $32 million in redevelopment funds. There is an initiative effort underway for the November, 2010 ballot to block future State take-sways of local revenue. Mr. Lam noted that the additional impact to the City/Fire District/Agency is not known at this time. Mr. Lam noted that the proposed FY 2010/11 budget reflects the current realities of the Great Recession and also the priorities and goals of the City Council. He reported that after three years of cost cutting, the proposed budget takes Rancho Cucamonga to the verge of having to implement service level and workforce reduction if the revenue loss does not abate. However, the City Manager stressed some positive news, including the City's AA Credit rating, the fact that the City has a reserve of 22.2% of its budget and the preservation of basic City services with a priority on public safety. Also, he reported that the City and the Fire District have no unfunded OPEB liability (unlike many cities) and the City's PERS funding is at 94%. In response to Mayor Pro Tem Michael, Mr. Lam confirmed that there was not a structural deficit. Also discussed were a number of capital improvement projects being planned in the upcoming fiscal year. In response to Councilmember Gutierrez, discussion was held regarding the widening of Foothill, the Fire District Administration building and the Hellman Storm Drain project. Mr. Lam indicated that bonds were sold for the first two projects and indicated that these bond proceeds may only be used for these purposes. Councilmember Gutierrez confirmed that public safety was a priority but noted that all services are important to the community. He hoped that everyone would do what they could to save money. In response to Mayor Pro Tem Michael, Mr. Lam reported that all Departments contributed to the cost cutting efforts. However, he indicated that the County is currently renegotiating with SBPEA regarding a previously approved raise. There is no funding in the proposed budget for any increase in the Sheriff contract cost, which is a potential $1.5 million increase. Mr. Lam noted that the City employees agreed to implement furloughs in order to help balance the budget. In response to Councilmember Williams, Mr. Lam addressed technology and indicated that staff is pushing back various equipment replacement schedules. However, he confirmed the importance of providing staff with the tools to do the job. There are reserves in place to replace items when needed. In conclusion, Mr. Lam stated that the budgets will be considered for adoption at a later date and welcomed any questions between now and the budget hearing. Mayor Kurth and the City Council appreciated all of the measures which had been taken to balance the budget and thanked everyone for their support during this process. wty~s• Mayor Kurth announced that at the Closed Session on June 2, 2010 a settlement has been reached in the matter of Campbell v City of Rancho Cucamonga, Case No. CIVRS905562. E. ADJOURNMENT The meeting adjourned at 5:55 p.m. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: ""' 6/16/2010 t"' ,-- I 'J ~. ra ;, ;, ~: ~._-_ Project C.A.N.I.N.E. (Campus Awareness, Narcotic Intervention, Narcotic Education) ....... \o`+~ IMION A~~ I n • s ~~ ~ , ~ ~•• ~ 'Oltlll~t R/AIIYOA& Shertll-CorsN- ~ , r. -~. ~~~'• _,~ - ~~:~Ur~ ~ -., Mission Statement • The collective mission of the Rancho Cucamonga Police Department and Chaffey Joint Union High School District is to provide every student in the district with a safe and productive learning environment and to reduce the amount of drugs on our campuses. 1 6/16/2010 -~'- - ;~~, Enrollment 12450 12400 12350 12357 ^ 2007/2008 12300 ^ 2008/2009 12250 2009/201D 12237 ~ 12200 _ __ _ 12150 RanchoHigh Schools J . _ ,, ,. Background of Pilot Program Project C.A.N.I.N.E. School Year 2009/2010 • Narcotic Intervention was obtained through the services of Interquest Detection Canines. • Narcotic Education was obtained with funds allotted towards educating both students and parents on prevention measures which can be taken regarding substance abuse. 2 6/16/2010 E..;J Prevention To prevent drugs from coming onto Rancho Cucamonga high school campuses, Interquest Detection Canines were used to conduct random, unannounced site visits on all campuses. The canines are trained to identify the scent of illegal drugs, prescription drugs, tobacco, alcohol, ammunkion, and explosives. The program is non-invasive and does not involve direct contact with students. i Results Total Hits made by Interquest Canine Services in Rancho Cucamonga High Schools: 168 (September 2009-May 2010) Alta Loma H.S. 52 5 poss. of Marijuana, 1 Alcohol, 1 bullet casing Etiwanda H.S. 34 4 poss. of Marijuana, 1 poss. of illegal prescription, 1 Fireworks Los Osos H.S. 42 7 poss. of Marijuana, 1 poss. of illegal prescription, 1 Alcohol, 1 gun powder hit Rancho H.S. 39 1 Graffiti toot, 1 poss. of Ecstasy, 4 poss. of Marijuana, 2 Alcohol 3 6/16/2010 ~, Suspensions for Drug Related Offenses by School (Excluding Interquest Canine Hits) so ~o ~ 65 63 50 53 ~ ~ 2007/2008 30 3g •200812009 29 ^ 2009!2010 20 r 10 ' 0 Alta Loma H.S. Etiwanda H.S. Los Osos H.S. Rancho H.S. 1v ^! ;, . Suspensions for Drug Related Offenses Based on Interquest Canine Hits 4 6/16/2010 ~,., Suspensions for Drug Related Offenses (Excluding Interquest Canine Hits) 220 215 217 210 205 200 202 195 ~ 190 185 ' 18 . 180 175 All Rancho Schools 2007/2008 2008/2009 ^ 2009/2010 I~ Comments "The canines and their handlers have increased the safety on campus in ways other than suspensions and expulsions for controlled substances. There has been a significant positive difference on campus, but perhaps the most valuable benefit of the program is the many phone conversations I have had with parents after the canine has alerted on a residual odor. Those instances have provided opportunities for parents to address a situation they most often did not know existed." Linda Hanford Assistant Principal o/Discipline Los Osos Nlgh School (May 2010) 5 6/16/2010 :, , o :,~ Comments "The CANINE program has a positive impact in preventing drug and alcohol possession at Etiwanda High School. It has also caused a greater awareness amongst students, parents and teachers by fostering conversations about the program goals and implementation." Rick ~ersma Assistant Principal of Discipline Etiwanda High School (May 2010) J u u Comments "The response to the canine detection program at our high schools has been very positive. The program which is supported by our Board of Trustees and Rancho Cucamonga Police has offered students, staff and parents a higher level of awareness about the use of drugs by the adolescents in our community. Though we cannot hope to eradicate drug use entirely, it is our hope to greatly reduce the possession and use of drugs on our school sites." Lynne Ditfurth Asslstani Superintendent, Personnel Chafley Joint Union Hlgh School District (May 2010) 6 6/16/2010 ducation In the 2009!2010 school year, Chaffey Union High School District introduced CSI (Chaffey Substance Intervention). The program consisted of the following: - A flue session program • Providing drug prevention materials to students and parents • Holding parent meetings and training • Speakers on Drug Awareness for students • Substance Intervention Classes Conclusion The Superintendent of Chaffey Union High School District supports this program and the positive impact it has on their campuses. Administrators are not having the same amount of drugs located on campus because they feel students are no longer bringing controlled substances to campuses in fear of "being caught" by the canine detection program. Drug prevention materials have created positive feedback from both parents and students participating in the CSI program. 7 6/16/2010 ew Proposal This is a proposal for funds in the amount of (40,000 to be utilized for continuing Project C.A.N.I.N.E. for the 2010/2011 school year. • (35,000 would be allotted towards a new contract with Interquest Detection Canines. 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O m C] fp'1 m N m O S O 1` S O O Oi ~(] O W E S OOl N N N ~ y y d' ~ Cl IN O N N N C> N ~ Q N O O O S O S O S N O O NI N N y S O M Q OQI A m O 1~ fNO y ~ m o o m m a~ m m g m o d O N N O O N W m C1 O O O T n O O O O y O m m W O N y Q y y Q N Cl d Q N N M 1'l N WQ O o 0 0 0 0 0 0 0 0 0 0 o g 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 O OO O O 00 g'o °o °o o° °o °o o °o o °0 0 0 ~ o 0 0 0 0 0 D o c o a o 0 oe 0 0 0 0 0 0 0 0 0 0 0 O O O y O O O O O N N m A N N Q N C] Y1 m 17 l7 17 l7 N e' Qy m m o m o 0 o O o 0 0 0 N O N N N N N N O N N N N tZ N~ Ti ry N W C~ P c ?8oossooooo00 y N y K K K C K m Y O O O O O °n Z Y Y Y V U U U U h 6 Z Z Z G O O O C7 Z 2 Z 2 'T m m m m~ ~ i~ `L n !/~ N N N N U! t~ p Z Z Z Z Z Z Z Z 6¢ 6¢ w 6 ¢ C C ¢¢¢ ¢ O O C7 (7 K O O O O O O O O t g~~ K~ E E E S E E g H2H F IJ- IJ- c ¢ O_ O_ O_ O_ O_ O_ O O ¢ ¢Z LL Z 4a 4a ~ Qd 4a a4 qa qa 4a 4a ~ 4a a4 W W W W W W W W W W W W W t p p p p p p o p p p p p p R W W W W W W LL W W W W W W LL LL LL LL LL LL LL LL LL LL LL LL R C L O 4 O U d d N m N y m O ~ O S t~ m m fdJ d d d d d d d d Q d d d N u C OI cQ Q' Y m > m O O 5 2 m O K m~ m m m m w YQ ' y m I. m X X X X X X X X rti LL t% LL ~~. 9 m Cl S (7 N tm`I tmV N N m M S ~m'1 lL M m n m ~n m in e'+ ai m m m M °ie ~~ib 1 m N N T O O ~ q K LL m ¢ J W 3 A O O 9 ~ C N !L d x y A d Q C O 01 N LL y o y >d > N y N r x O N n m m N b pn (T b S m m N a 0 01 h b m m Q 0 Im O P-25 m a n Q U,~ O 6 ~ O ~ a ~ 6 T a ~ C O N d a 3 2' c n N 0 ~' og f w i ? 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W I~ m _ ~ O V~ m o 0 O ~+ Q N r O O 0 0 N d r °b ~ ~ M Q T q~ O O ( U b CC ~ cu ~ ' °o ~t d vi cq u": ~ o ym fu' r d 01 C j P V N O ¢ U m K E m~ A A E s o g¢ o F N ~ LL ~ T H ~ m f/1 ~ t Z N ~ Q ¢ ¢ rL C N ~ 9 a ~ O E E u. Q ~ ^ ° ~ ~ 1 / o n O m G ~ ,, u a i 8 c ~ m E rn z `~ 6 ^' _ ~ a_ ~ E E o a o ~ 0 0 m ~ U J ~ U o o ¢ ST.E~FF I~.EI'®RT - CITY OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY RArrcxo Date: June 16, 2010 CUCAMONGA To: Mayor and Members of the City Council Chairman and Members of the Redevelopment Agency Jack Lam, AICP, City Manager, Executive Director From: Linda D. Daniels, DCM Economic & Community Development Services Subject: APPROVAL OF A RESOLUTION IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33445 WHICH AUTHORIZES THE REDEVELOPMENT AGENCY TO EXPEND FUNDS FOR LAND AND PUBLIC IMPROVEMENTS THAT ARE PUBLICY OWNED AND LOCATED INSIDE OR CONTIGUOUS TO THE PROJECT AREA RECOYIEiIENDATION Approve the attached Resolution, which authorizes the Redevelopment Agency to expend Agency funds for land and public improvements that are publicly owned and located inside or contiguous to the Project Area. BACKGROUND Health and Safety Code Section 33445 requires both the Redevelopment Agency and the City Council adopt Resolutions that indicate the intent on spending Agency funds on land and public improvements (including buildings, facilities, structures or other improvements that are to be publicly owned). ANALYSIS The attached Resolution complies with the requirements of Healkh and Safety Code Section 33445 and makes the necessary findings that: the projects are of benefit to the Project Area; there is no other reasonable means of financing the projects; the payment of funds for the acquisition of land or the cost of buildings, facilities, structures or other improvements that are public owned is consistent with the Implementation Plan; and the improvements will assist in the elimination of blight within the Project Area or provide housing for low or moderate income persons. The Resolution includes Appendix 1, which outlines the public improvement projects located inside or contiguous to the Project Area that the Agency plans to fund. This item appears on both the City Council and the Redevelopment Agency agenda. Respectfully submitted, C.~~ ~. ~ Linda D. Daniels Deputy City Manager! Economic & Community Development Services P-48 Attachment: 33445 Resolution P-49 RESOLUTION NO. !~A / O ~- o IN A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, REGARDING PROJECTS BENEFITING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD A. Recitals. (i) The Community Redevelopment Law of the State of California (Health and Safety Code Sections 33000 et seq.), among other provisions granting powers to redevelopment agencies, contains Section 33445 which provides that a redevelopment agency, with the consent of the legislative body, may pay all or part of the value of land for and the cost of installation and construction of any buildings, facilities, structures or other improvements which are publicly owned and are located inside or contiguous to the project azea, upon a determination by such agency and such legislative body by resolution that such buildings, facilities, structwes or other improvements are of benefit to such project area by helping to eliminate blight inside the project area or by providing housing for low-or moderate income persons; that no other means of financing the same are available to the community; and, that the payment of funds for the acquisition of land or the cost of buildings, facilities, structures or other improvements that are publicly owned is consistent with the implementation plan. (ii) Attached as Appendix "I" is a document which provides for the Agency's funding of certain capital projects from tax increment resources in estimated amounts (the "Public Projects"). (iii) The officially adopted Rancho Redevelopment Plan of the Rancho Cucamonga Redevelopment Agency (the "Agency"), including all amendments, provides in part for the construction of these community and cultural facilities to serve said project area. (iv) All legal prerequisites to the adoption of this Resolution related to the Public Projects have occurred. B. Resolution NOW, THEREFORE, the Rancho Cucamonga Redevelopment Agency does hereby find, determine and resolve as follows: Section 1. This Agency hereby finds that the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Section 2. The Agency hereby consents to the Rancho Cucamonga Redevelopment Agency's funding of the costs and expenses related to the Public Projects specified in Appendix "I"hereto pursuant to Health and Safety Code Section 33445. Section 3. This Agency hereby specifically finds and determines that the construction of the Public Projects by vid through Agency's funding will be of benefit to the. Agency's Rancho Redevelopment Project by helping to eliminate blight within the project azea or by providing housing for low- ormoderate-income persons. Section 4. The Agency hereby specifically finds and determines that no other reasonable means of financing is available to the community to construct the Public Projects other than through the Agency's funding thereof and consented to herein. Section 5. The Agency hereby specifically finds and determines that the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements specified in Appendix "1" is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490. Section 6. The Chairman and Executive Director of this Agency hereby are authorized and directed to take any and all actions necessary to cause this Agency to fund the construction of the Public Projects, and any and all funds heretofore expended by this Agency for that purpose hereby are ratified. Section 7. The Executive Director shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this _ day of , 2010 AYES: NOES: ABSENT: ABSTAINED: ATTEST: Jack Lam, Secretary Donald J. Kurth, M.D., Chairman I, JACK LAM, SECRETARY of the Rancho Cucamonga Redevelopment Agency, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Redevelopment Agency of the City of Rancho Cucamonga, California, at a regular meeting of said Redevelopment Agency, held on the _ day of _, 2010. Executed this _ day of _, 2010 at Rancho Cucamonga, California. P-50 Jack Lam, Secretary P-51 APPENDIX 1 Inside or Contiguous to Project Area Project Location Estimated Anticipated Source(s) of Cost Fundin Etiwanda Ave. Etiwanda Ave., between $6,5000,000 Tax Increment Underpass Arrow Route and 6~' St. Tax Allocation Bonds STAFF REPORT REDF.,VELOP:~dENT t1GE\CY CITY OF R1NCH0 CUC.~1~fONG.1 Date: June 16, 2010 To: Mayor and Members of the City Council Chairman and Members of the Redevelopment Agency Jack Lam, AICP, City Manager, Executive Director '~ P-52 ~U~r-'rs~ : ~ RANCHO cUCAMONGA From: Linda D. Daniels, DCM Economic & Community Development Services Subject: APPROVAL OF A RESOLUTION IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33445.1 WHICH AUTHORIZES THE REDEVELOPMENT AGENCY TO EXPEND FUNDS FOR LAND AND PUBLIC IMPROVEMENTS THAT ARE PUBLICY OWNED AND LOCATED OUTSIDE AND NOT CONTIGUOUS TO THE PROJECT AREA BUT ARE LOCATED WITHIN THE COMMUNITY RECOMMENDATION Approve the attached Resolution, which authorizes the Redevelopment Agency to expend Agency funds for land and public improvements that are publicly owned and located outside and not contiguous to the Project Area, but are located within the community. BACKGROUND Health and Safety Code Section 33445.1 requires both the Redevelopment Agency and the City Council to adopt Resolutions that indicate the intent on spending Agency funds on land and public improvements (including buildings, facilities, structures or other improvements that are to be publicly owned). ANALYSIS The attached Resolution complies with the requirements of Health and Safety Code Section 33445.1 and makes the necessary findings based on substantial evidence in the record that: the projects are of benefit to the Project Area; there is no other reasonable means of financing the projects; the payment of funds for the acquisition of land or the cost of buildings, facilities, structures or other improvements that are publicly owned is consistent with the Implementation Plan; the acquisition of land and the installation of each building, facility, structure or improvement that is publicly owned is provided for in the Redevelopment Plan; and the improvements will assist in the elimination of blight within the Project Area or provide housing for low or moderate income persons. The Redevelopment Agency plans to fund six (6) projects located outside of the Project Area during Fiscal Year 2010/11. A description of these projects and the benefit they will provide to the Project Area are discussed in the paragraphs below. The first project the Agency will fund is the preservation of the Etiwanda Train Depot, which lies directly adjacent to the Pacific Electric Trail. The Pacific Electric has benefited the Project Area by revitalizing a large section of the Project Area that was previously blighted by abandoned railroad tracks. This project will help maintain continuity within the trail and provide a historic entry point into the City along the easterly boundary of the Pacific Electric Trail. The estimated cost of this project is $3 million and will be funded through tax increment and tax allocation bonds. P-53 APPROVriL OF A RESOLUTION IN t1000RDANCE \X'ITH HEALTI-i AND SAFETY CODE PncE 2 SECTTON 33A~5.1 WHICH AUTHORIZES T'FLE REDEVELOPMENT AGENCY TO E~'Ei\TD FUNDS FOR LAND AND PUBLIC IMPROVEivfENTS TI~rI"f ARE PUBLICY OWNED AND LOCr1T'ED OUTSIDE AND NOT' CONTIGUOUS TO THE PROJECT AREr1 IUNL 16, 2010 A second project the Agency will fund is the Base Line Rd. and I-15 Interchange. This project will benefit the Project Area by improving access between the Project Area and the I-15 Freeway and will alleviate congestion on streets within the Project Area. The Agency's estimated contribution to this project is $31 million and will be funded through tax increment and tax allocation bonds. In addition to these funding sources, the Interchange project will also utilize federal revenues, transportation fees and Measure I funds. The next project the Agency will fund is the expansion of the Public Works Service Center, which provides vital maintenance services to publicly owned facilities and streets located within the Project Area. This project will improve the level of service the Public Works Service Center can provide to help prevent the onset of blight within the Project Area. The estimated cost of this project is $11 million and vdill be funded through tax increment and tax allocation bonds. The Agency will also fund the construction of the East Ave. Master Plan Storm Drain. This project wil! benefit the Project Area by improving drainaoe issues and enhancing traffic circulation within the eastern portion of the Project Area. The estimated cost of this project is $g.3 million and will be funded through tax increment and tax allocation bonds. The final project the Agency will fund is the fabrication and installation of a gateway arch at Foothill Blvd. and East Ave. This project is an extension of the Foothill Blvd. improvement project, which has helped enhance the Project Area by improving traffic circulation and eliminating blighted infrastructure. The arch will serve as a gateway along the easterly border leading into the Project Area and help identify the City's primary commercial corridor located along Foothill Blvd. The estimated cost of this project is $700,000 and will be funded through tax increment and tax allocation bonds. This item appears on both the City Council and the Redevelopment Agency agenda. Respectfully submitted, Linda D. Daniels Deputy City Manager Economic & Community Development Services Attachment: 33445.1 Resolution !t~ - OIS~ P-54 RESOLUTION NO. A RESOLUTION OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, REGARDING PROJECTS BENEFITING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD A. Recitals. (i) The Community Redevelopment Law of the State of California (I-Iealth and Safety Code Sections 33000 et seq.), among other provisions granting powers to redevelopment agencies, contains Section 33445.1 which provides that a redevelopment agency, with the consent of the legislative body, may pay all or part of the value of land for and the cost of installation and construction of any buildings, facilities, structures or other improvements which are publicly owned aztd are located outside and not contiguous to the project area, Uut are located within the community, upon specified findings based on substantial evidence in the record .by such agency and such legislative body by resolution that such buildings, facilities, structm~es or other improvements are of primary benefit to such project area; that no other means of financing the same are available to the community; that the payment of funds for the acquisition of land or the cost of buildings, facilities, structures or other improvements that are publicly owned is consistent with the implementation plan; that ±he acquisition of land and ?he installation of each building, facility, structure, or improvement that is publicly owned is provided for in the redevelopment plan; and, that the payment of funds for same will assist in the elimination of one or more blighting conditions inside the project area or will directly assist in the provision of housing for low- ormoderate-income persons. (ii) Attached as Appendix "1" is a document which provides for the Agency's funding of certain capital projects from tax increment resources in estimated amounts (the "Public Projects"). (iii) The officially adopted Rancho Redevelopment Plan of the Rancho Cucamonga Redevelopment Agency (the "Agency"), including al] amendments, provides in part for the construction of these community and cultural facilities to serve said project area. (iv) All legal prerequisites to the adoption of this Resolution related to the Public Projects have occurred. B. Resolution. I~rOW, THEREFORE, the Rancho Cucamonga Redevelopment Agency does hereby find, determine and resolve as follows: Section 1. This Agency hereby finds that the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Section 2. The Agency hereby consents to the Rancho Cucamonga Redevelopment Agency's funding of the costs and expenses related to the Public Projects specified in Appendix "l "hereto pursuant to Health and Safety Code Section 33445.1. Section 3. The Agency hereby specifically finds, based on substantial evidence in the record that no other reasonable means of financing the acquisition of the land or the installation or construction of the buildings, facilities, structures, or other improvements that aze publicly owned, are available to the community, including, but not limited to, general obligation bonds, revenue bonds, special assessment bonds, or bonds issued pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2S (commencing with Section 53311) of Part 1 of Division 2 of Title > of the Government Code). Section 4. The Agency hereby specifically finds, based on substantial evidence in the record that the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements specified in Appendix "1" is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490. Section 5. The Agency hereby specifically fords, based on substantial evidence in the record lhat the acquisition of land and the installation of each building, facility, structure, or improvement that is publicly owned is provided for in the Redevelopment Plan. Section 6. This Agency hereby specifically finds, based on substantial evidence in the record that the construction of the Public Projects specified in Appendix "1" and this Agency's funding thereof will benefit the project area by assisting in the elimination of one or more blighting conditions inside the project area, or will directly assist in the provision of housing for low- ormoderate-income persons. Section 7: The Chairman and Executive Director of this Agency hereby are authorized and directed to take any and all actions necessary to cause this Agency to fund the construction of the Public Projects, and any and all funds heretofore expended by this Agency for that purpose hereby are ratified. Section 8. The Executive Director shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this _ day of _, 2010 AYES: NOES: ABSENT: ABSTAINED: P-55 Donald J. Kurth, M.D., Chairman P-56 ATTEST: Jack Lam, Secretary I, JACK LAM, SECRETARY of the City of Rancho Cucamonga Redevelopment Agency, California, do hereby certify that the foregoing Resolution was duly passed; approved, and adopted by the Redevelopment Agency of the City of Rancho Cucamonga, California, at a regulaz meeting of said Redevelopment Agency, held on the _ day of 2010. Executed this _ day of , 2010 at Rancho Cucamonga, California. Jack Lam, Secretary P-57 APPENDIXI Outside Project Area Project Location Estimated Anticipated Source(s) of Cost Fundin Etiwanda Train East side of Etiwanda Ave., $3,000,000 Tax Increment Depot Preservation north of Base Line Rd. Tax .Allocation Bonds I-15 Interchange at I-IS Interchange at Base $31;000,000 Tax Increment Base Line Rd. Line Rd. Tax Allocation Bond Funds Federal Revenues Transportation Fees Measure I Public Work 9153 9" St. $4,000,000 Tax Increment Service Center Tax Allocation Bond Funds Ex ansion East Ave. Storm East Ave., north of Foothill $8,000,000 Tax Allocation Bond Funds Drain Blvd. Foothill Blvd. Foothill Blvd. at East Ave. $700,000 Tax Increment Improvements Tax Allocation Bond Funds P-58 STAFF REPORT -- BNGINEERING SfsRViC.ES DEPAfi'I'bfF,NT ~ J RANCHO Date: June 16, 2010 C,UCAkfONGA To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate EngineerP~ Shelley Hayes, Assistant Engineer ~.~ Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $5,186,474.00, TO THE LOWEST RESPONSIVE BIDDER, GARCiA JUAREZ CONSTRUCTION INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $518,647.40, FOR THE HELLMAN AVENUE MASTER PLANNED STORM DRAIN AND STREET IMPROVEMENTS -PHASE 1 FROM 9T" STREET TO SAN BERNARDINO ROAD TO BE FUNDED FROM TAX INCREMENT FUNDS, ACCOUNT NO. 2500801- 5650/15535^vv-0 RECOMMENDATION It is recommended that the Redevelopment Agency accept the bids received and award and authorize the execution of the contract in the amount of $5,186,474.00, to the lowest responsive bidder, Garcia Juarez Construction Inc., and authorize the expenditure of a 10% contingency in the amount of $518,647.40, for the Hellman Avenue Master Planned Storm Drain and Street Improvements -Phase 1 from 9`" Street to San Bernardino Road to be funded from Tax Increment Funds, Account No. 2500801-5650!1553500-0. BACKGROUND/ANALYSIS Per previous Agency action, bids were solicited, received and opened on June 3, 2010, for the subject project. The Engineer's estimate is $6,650,000.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. The scope of work consists of the installation of storm drain lines with pertinent laterals and catch basins, street widening, pavement rehabilitation, and installation curb and gutter, sidewalk, drive approach, retaining wall, retaining curb, street lights, traffic signal modification, loops, striping and pavement markings. The contract documents call for one hundred thirty (130) working days to complete this construction. Respectfully submitted, Mark A. euer Director of Engineering Services/City Engineer MAS/RMD/SH:Is Attachments P-59 0 CITY OF RANCHO CUCAMONGA uxisx~ex ApENIIE MASTER PLANNED STORM DRAIN AND STREET IMPROVEMENYS PHASE-1 (FROM 9TH ST. TO SAN BERNARDINO RD.) ~' N N.T.6. n 61D SURi~IARY FORitID OPF.Ni\G.II9Y1: 3, 201.p APPARENT LOW OfOOER 7 ~ HELLMAN AVENUE MASTER PLANNED STOR.VI DI2A[N AND STREET IMP. PHASF. I PROM 91'i3 ST GARCIA JUAREZ g ~ H OERERAL C.P. CONSTRUCTION TO SAN I3ERNARDINO RD ENGINEER'S ESTIMATE CONSTRUCTION 7NC CONTRACTOR6INC CO. INC oNrr oNlr ao IINIT i Nro ~ uNrr ela NO QTY UNIT OE6CRIPTION COfll' AIdOVIPf CAST AMOUNT AMOUNT COST CO6T AMOUNT A I G N UBBING i {INCLUDES ALL REMOVALS, 1°0,uo°' sloo,uoa.o0 s2s,ooo.c0~ S2s,ooo.oo s175,o0o.0c svs,uno.oo 5300,000.00 s3oo,oon.oo UNCLASSIFIED EXCAVATION/FILL 1. t is AND DISPOSRL) j j RE1/,OVEAIVDREPLACEMAILeOX 300. s6oo.o0 $luu.oo ssoc.ou' s2s20o sso4.oo slss.on $31n.00 2. 2 En IN LJKE AND KIND I REMO VE AND REPLACE POR TlON OF AFFECTEDBRJCKPAVERINLIKE t.ooo.00 St.,0oao0 61,oo0.ou sl,ooo.0n sB96.o0 SB9v.0o s3,ooo.oo b3,oon.u0 3. t ~s AND KIND SEE SHT. 21 RECONSTRUCT MEDIAN ISLAND 1N i I LIKE AND KIND ;CAUSED BY THE ~ j JNSTALLATJON GF LATERAL ON FOOTH/LLBLVD., SEE SHT. 7} 7,000.00 $7,oon.oo s5.ooo.ou s5,noauo 59,1s4.ooi 59.1sa.oo s7,50u.o0 s7s0o.oo INCLUDING CURB, LANDSCAPING, ! ` IRRIGATION, ETC., CUMPLETE IN `€ a. t is PIECE ! REMOVEEX/ST. TREES, WCLUDING 60000 Ss,4oo.00 ~ s50o.od snsoo.oo 5933.00 S8,3A7.Uq $200.00 slsoo.0o ;, o EA ROOTS AND STUMP. I 260. $1,040.00 $too.ou s4oo.o0 516s.oo~ s672.o0 $250.00 sl,oo0.00 6. 4 . EA RELOCATE EXISTING STREET SIGNS 96. 5289,344.00 S95.U01 5286,'530.00 594.00 5283,316,00 $99.00 $298,3B6.On 7 iota ONS ASPHALT RU88ER HOT MIX ARHM j 8 sa0a sv ~ 0.12' COLD PLANE 3. 526,592.OC 52.00 $17,72B.nn 51.75 $15,512.00 52.251 S1A,944.00 AD ST MA H LE N W D 398.00 $9,950.00 ' &325.OOi $B,125.U0 3n34.00~ $1.0,850.00 5350.UU SB,75U.00 9 25 EA GRADE ADJUST WATER VALVE SOX, GAS zoo.ou sa,0oo.0o ! s2oo.o0€ Sa,00o.00 ' $16s.o0' s3,36o.0o s5c.oo( sl,o0o.oc 10 20 EA VALVE, VAULT AND PULL 80XES l 9zoo 5368 309.00 576.00 $2B8,572.OU 570.00 q:26s,790.00 59s.00 i i Sa6u,71s.0o 11 x787 ONS ASPHALT CONCRETE PAVEMENT , ` 40.00 s1s1,160.0o Sis.OO s72,a6a.oa i s21.o0~ 595,109.00 S30.OO) S735,870.00 i2 as2e roNS CRUSHED AGGREGATE BASE REMOVE EXIST. WROUGHT IRON j FENCE' INCLUDING G'ONC. i I PEDESTAL AND FILL EXISTING OPEN + CHANNEL WITH SELECTED DIRT ~ MATERIALS AND ,,°AVE WITH j COBBLE STONE PER CITY STD. ls,0oo.on sls,ooo~o Sta.,oon.oo; s12.ooo.ou 5tl,ats.no) 511,315.00 Sls,oOO.oo~ Sts,ooo.co DWG. NO. 5-02 TO MATCH EXISTING II IMPROVEMENTS. SEE PLAN SHT 5 I AND SECTION ON SHT. 8 AND 11. j ' (SELECTED FILL MATERIALS=118 CY, ~ t i3 t is COBBLE PAVING=7fOSF) I i REMOVE EXISTING PARKWAYDRAIN ~ j AND CONSTRUCT CATCH 8ASlN, I f ! W=90', INCLUDING LOCAL ~ ~ ~ DEPRESSIONS, CONNECTIONS AT ' ~ BACK OF C.B., COMPLETE 1N PLACE, 50,000.0 SG0,000.00 $35,o00.0U, $35,On0.00 546,480.00 545480.UU S2fi,:~70.00 $36,50U.Ov PER PLAN AlJD CITY STD, DWG NO. ~ I 300, 307, 308 AND DETAILS NOTE 21. I CONSTRUCTION FOR C.B. SHALL I f FOLLOW THE STANDARD FOR ~ is t EA W=28'. ~ I REl~fOVE EXISTING CATCH BASJN AND CONSTRUCT CATCH BASIN, ! W=42', INCLUDING LOCAL ~ i DEPRESSIONS, CONNECTIONS, ETC. COMPLETE IN PLACE, PER PLAN 36,000.00 57o,ono.0o 51a,ooo.co . sze,o0o.n0 ~ $^<z,aoo.uu~ B4a,ao0.on 516soo.oo 5'03,000.00 AND CITY STD. DWG NO. 30G, 307, 308. CONSTRUCTION FOR C.B. i i SHALL FOLLOW THE STANDARD f I 15 E%. FOR VJ=28'. - CONSTRUCT CATCH BASIN, W=28', ~ INCLUDING LOCAL DEPRESSIONS, I ~ ! CONNECTIONS, ETC., COMPLETE IN 25,000.0 sz5o,uoo.no slz,nnu.ooj st24oo0.0o 514,280.OOj $t42,Bnn.oO s10,000A0 5100,000.00 PLACE PER ALAN AND C17Y STD. j ~ 1 G t 0 EA DWG. NO. 300. 307 AND 308 CONSTRUCT CATCH 8ASlN, W=2i', I INCLUDING LOCAL DEPRESSIONS, CONNECTIONS, ETC., COMPLETElN zt,ouo.oo 5399,000.00 s1l,ono.oo~ sz09,wo.a0 $12,425.n0P Sz56,oA4.oo s5soo.w slatso0.oo PLACE PF_R PLAN AND CITY STD. j i 17 to EA DWG. NO. 300, 307 AND 308 I CONSTRUCT CATCH BASIN, W=i4', INCLUDING LOCAL DEPRESSIONS, 4 CONNECTIONS, ETC., CUMPLETE IN 15,000.00 $90,000.00 s6,ono.oo s4s,ooo.o0 52L?61.00 558,766.00 ss,9oa.oo $35,aU0.00 ALA CE PER PLAN AND CJTY STD. I 18 s EA DWG. NO. 300, 307 AND 308 RECONSTRUCT CATCH BASIN W/TH 2 ADDITIONAL NEW GRATINGS, INCLUDING NECESSARY n,ooo.oo sn,0o0.u0 s5p00.oo~ $5,000.00 57,e4o.00i 82sao.o0 s4so0.cw 54,500.00 CONNECTIONS, ETC., COMPLETE IN PLACE PER PLAN SHT. 7 AND CITY 19 t EA STD. DWG. NO. 302, 306 AND 308 P-60 BID SUMM1tAR1'FOR RID OPEN!\G JUNF 3, 2010 APPAREN7LOWBIDDER 2 3 IiELLMAN AVENUE MASTER PLANNED 51'ORM DRAIN' AND STREE"!' IMP. PHASI; ]FROM 9TA ST, OARC[A ,rvAREZ H h R GENERAL C.P. cONSTRUC'fioN TO SAN BERNARI)INO RD i ENOINEER'9 ESTIMATE CONSTRUCTION INC CONTRACTORS INC CO. INC f CONSTRUCT MGDIFlED SINGLE I I j GRA TE CATCH BASIN (9 X8 J PER i i e,ooo.oo sa,oDO.oo xs,ooo.oo ss,ooo.oo ss,zs2.ocl ss,lsz.oc sa,ooo.oo~ s4,coo.no i PLAN (SHT. 6) AND CITY STD. DWG. 20 + EA NO. 304 & 306 ' CONS TRUC T CURB OPENfNG CATCH ~ BASIN WITH 4-GRATE, W=14', PER lo,alo.oo Slo:oon.oo ! $9,000.001 $9,000.00 $12,6s6.oo~ $12,656.00 ' $5,9UO.CU 65,900.00 PLAN(SHL6)ANDPERCJTYSTD. 21 t EA DWG. N0. 302 I CONSTRUCT TRANSITION ~ STRUCTURENO. 3 PERC/TYSTD. e,5ouoo $asoo.oo an,ooo.oo! $4,ooo.cw 59,Ga3A0i S4,6aL00 Rzso00o; 52,Sn0.on DV/G. NO, 336, D=24" DfA., ~ 22 t EA COMPLETE fN PLACE CONSTRUCT JUNCTION STRUCTURE j N0.2 PER C/TYSTD DWG. N0. 331, ssDn.oo 5331soo.oc $2,oon.nol $7a,ooo-oo x1,353001 ss2.76z CA s85U.oo $33,150.00 8=VARIES (24" TO 66" D1A.) SEE I 23 3B EA PLAN ! CONSTRUCT MANHOLE N0.2 PER PLAN ANDClTYSTD.DWGN0.319, 3ssoo.o 52o1soo.oo $S,DOn.nD 565,000-00 xs.25.an 57os2s.oD l $13soU.OOI L199,SOO.oO 24 13 EA COMPLETE 1N PLACE ~ -' CONSTRUCT MANHOLE N0.2 PER j i PLAN AND CITY STD. DWG NO. 319 ~ ; l ~ ANDlNSTALLMANHOLEFRAMEAND ]c,noaoo $4e.oco.oD 6a.ouu.oo sl2,oo0.0o x7,lon.oot 523,3oa.oo sl2.lon.ooj $36.300.00 COVER PRESSURE TYPE PER APvVA 25 31 EA STD. PLAN NO. 7.11-1 AND 212-1 I SA'/JCUT EXISTING UNDER ~ i SIDEWALK DRAIN (WIDTH i E VARIES)ANDCONNECT TO NFW s,ooo.oo $ls,ooo.uo Sz,ooo.60 $cplxl.oo~ $6,831.V0 52 an.oc 4 $z,rso.oc~ sa;lso.oo CATCN BASIN PER PLAN AND I 26 3 en DETAIL ON SHT. 8 CUT EXISTING CONC, PIPE, BOX OR 1 j CMP(SIZEVARIES-SEE PLAN AND y,ocaa 52o,ono.oo 52,000.00 Ss,ooo.oe s3,7oa.col s6,a3z.co fi2,noc,.no 5a,oeo.oo SECTIONS) AND CONNECT TO THE i I 27 9 En NEW CATCHBASIN~ PUNCH NJ TO EXISTING CATCH BASINANOCONNECT42"LATERAL 4,000.0 $a,ooo.ao 53,coo.oo $6,000.00 Sir 69.00) 63,[a6.U0 $z,5<lo.aol $s,ooo.oo COMPLETE fN PLACE. SEE PLAN I 28 z Ea SHEETS 5 & 10 ! CONSTRUCT CURB AND GUTTER I PERClTYSTD. DWG. f04ANDPER ~~ sz6,2oaoo slD.on $6sw.oo $1e.uDI $u,79o.o0 52o.oai s13,1ou.oo 29 856 LF PLAN ! ~ CONSTRUCT CURB RAMP TYPE 6, PERR.P.W.A. STD. DWG. NO. 111-3, 12.0 $9,ono.o6 s3o.uo i 47soa.oo 59so1 s7,12a.oa SG.oul s9soo.ocl 30 Aso sF CASE "A", COMPLETE 1N PLACE ! ~ ! CONSTRUCT ACCESS RAMP PER ~ f ' ! f ClTYSTD. DWG. N0. 102 AND PER 12.00 $17ss2.oo sio.ou $]n,4su.uo ~ $3o.oc $w,46o.on 6s.wi $1s6s.om 31 ta4e E SF PLAN € CONSTRUCT PCC SIDEWALK PER ^fTY STD. DWG, N0. 101 AND 103 TO 6.00 $19,788.00 56.C0 516,470.00 $3.OCI x9,882.00 $4.00 613,376.00 32 329a sF MATCHEX1S71NG. CONSTRUCT CROSS GUTTER PER 1•t.u $9,367.00 slo.oo i i asslaon 51s.oo. $sa6s.DO xla.noi SG,elz.co 33 sst SF C/TYSTD. DWG. NO. 106-A f CONSTRUCTS`MASONRYGARDEN 115,00 i $30,590.00 5100.0('. ! x2fi,G00.C0 51.2G.00~ $51,920.00 $A5.00' 511,470.00 t WALL (G' MAX.) PER CITY STD. DWG. 34 tea LF t`!O. 606, T4N COLOR, SEE PLAN INSTALL RIVER WASHED GRANITE COBBLESTUNESPERClTYSTD. 1a.oo ssl6.oo sloo.no i $4300.00 591.DD% 53,913.00 $95.001 $9,D8G.00 35 93 sF DWG. NO. 542 ! CONSTRUCT P.C.C. RETAINING I 1 3 CURB, VARIABLE HEIGHT (6"TO 36" 2s.oo sa,27s.no $so.oo l sasso.oa $3G.no 56,1s6.oo $zs.oui $n,z7s.oo 3G Vt LF MAX. PER PLAN BRACING AND SHORING PER SOILS 135,000.0 6135,000.00 690U,DUU.W I i $800,000.00 I 5101,920.00 $101,920.00 ! $$0,000.001 550,OD0-00 REPORT RECOMMENDATIONS (SEE 1 I 37 i Ls SOILS REPORT SECTION 9.4 i i . 4 j INSTALL 114-INCH DIAMETER RCP Gan cq $1,oo9,ano.no ssso.oo Sew,75o.00 5795.00! $7,In6,3a5,00 5715.001 S1.OG3,775.001 38 t4a5 LF 1800 DJ , INSTALL 102-fNCH DJAMETER RCP 590.0 $309,166.00 Sa75.00 ~ 5249,900-00 6534.oU 5279,816.00 x515.001 $269,x60.00 39 5za LF ib00D) ( ~ INSTALL 90-fNCH DIAMETER RCP 890.00 $1,596,440.00 5575.00 63,183,500.00 5433.00 51.372,860.00 S4 i0.UUl 51,9 x3,320.001 40 315e LF 1800 D l INSTALL 6G-INCH DIAMETER RCP 450.00 x36n0.00 $1,000.00 ! ! x8,000.00 $619.00 59.952.00 5795.00 $1,560.00' a3 a LF 1750 D lNSTALL54-INCH DIAMETER RCP aoo.ao $]e,ooo.o0 5200.60 1 $9,uDU.nn 5z9zca su,ns.DO x19n.no~ xasso.oo'. 42 45 LF 17506 P-61 RID $U11114IARV FOR RID OPENING Jl7NF, 3, 2010 APPARENT LOW elDDER 2 7 IIELI_VIAN AVENUE A1A51'F;R PLANNED S'fOR~1 DRAIN AVD S'fItLET LNIP. P[{ASE I FR03'I9TH ST GARCIA JUAREZ H & H GENERAL C.P. CONSTRUCTION 7'O SAN i3ERNARDINO RD ENGINEER'S ESTIMA?E CONSTRUCTION [NC COATRACTORS RIC CO., INC INSTALL 48-lNCNDIAMETER RCP 3eo.a~ sa7soo,oo x160.00 sz2sao.oo slas.ou xles0o.oo xuo.oo x13.750.00 0.3 125 LF (1750 D) fNSTALI 42-INCH DIAMETER RCP 350.M 576,300.00 ~ 5170.C0 537,06U.U0 ' 5'[06.001 $x4,908.00 555.004 520,710.C0 as zlA LF 1750 D ~ lNSTALL36-INCHDfAMETERRCP 3os.oq 59x5,300.00 x1G0.V0f 5233,600.00 5157.00 x220460.00 x92.00 5194,37.0.00 45 laao LF 1750 D lNSTALL24-iNCY,DfAMETE,°, RCP zsow sec,,zso.oo x135.00;' Ss3;t7s.oo sl.as.0oj 5sl,aos.oo svo.oo~ rez9,13o.0u 44 -x45 LF 1750 D _ i i __ INSTALL- 12-INCH DIAMETER PVC, 1 SCHEDULE 40, BLEEDER PIPE, ' lNCLUDINGTHEINLETANDOUTLET 7x.00 s65,es6.oD x70.001 sfiG,o6o.0o x2o.uo~ sle,Aeo.oo szs.uo~ x23,6ua.oo CONNECTIONS, FITTINGS AND I ELBOWS, PER PLAN, COMPI-ETElN I 47 O4A I F PLACE i CONSTRUCT CONCRETE COLLAR j PER A. P.Nl.A. STD. DWG. NO. 380-3., 1 3,000. x53,000.00 5t.aoo.ou S1t,000.00 51,232.00! 1123,552.00 s1,500.Cw x16,500.00 as >> I Eni P/PE SfZF_: VARfES 24" 70 42~ ~ i REPLACE ALL EXfST. VCP SEWER LINE CROSSING MAIN LINE TO 35. 56,650.00 5125.OOi 523,750.00 sl3ssoi szs,74s.oo x70.00 513,300.00 DUCT/LE IRON PIPE (D.LP.) NJlTH I i I a9 lso LF EPOXY LINING PLUG EXISTING MISC. PIPES. S.D. 80XES WITH 7dORTAR AND BRICK I PER S.B.C.F.C.O. STO. DWG. N0. x00.00 s7.uoo.oo sluo.ooi x]400.00 x7zo.oo slo,oso.0o ix0o.on sssou.oo 176, TYPE "B' {PIPE AND RC6 S/ZE ; 1 50 14 En. VARIES: 24" TO 54 INSTALL P.C.C. PIPE CLOSURE TYPE 2,lss.u0 sto,ns.oo Sl,oaaoo~ Ss,cuo.oo' x1,n56.O0 x7,260.00 x9,500.001 sa7soo.o0 'A"PER S. B. C. F.C.D. STD. DWG. NO. S 1 s EA R 90" TO 114"RCP S.P. 176 FO _ CONSTRUCT SUPPORT FOR CONDUITSCROSSlNGTRENCHES aoo. x6,000.00 sl,oe0.ool sso,uuo.oo 5261.3oj 1F7,619.no ssoo.on s]$,c0o,co 52 ao v, PER CITY STD. DWG. N0. 339 _ ~ CONSTRUCT BLANKET PROTECTION ~ PER CITY57ANDARDDRAWINGNO. s00.w 56,000.00 xloou.uoi S1G,ocn.o0 sG7z.ooi R1o.7sz.oo 59x0.00 xts,zoaoo 53 ~o En 340. POTHOLE A!-L EXISTING UTILITIES I 1 ~ I CROSSING PROPOSED STORM 30,000. san.o0o.on Sls,ouo.u0) Sls,000.oo xzo,7oo.uu Szo,7o0.00 522s0o,oo sxsoo.no Sa t LS DRAIN PRIOR TO EXCAVATION ~ ~ PLANT 24" BOX CRAPE MYRTLE TREESfNCLUDINGlRRJGATIONAND 1,000.00 s3,uoo.oo ssoa0o SlsoO.oo s7x7.oot sa,zal.oo I 6550.00 $1,690.00 CONNECTIONS TO THE EXISTING ' S5 3 En LINE ~ PLANT5GAL.LlTTLEJOHN 150 52,2x0.00 smo.ao slsoo.oo 5x3.001 sws.oo StsO.oo 52.2sn.w 55 1 ]s EA EEPlNG 80TTLE BRUSH 57 2 EA INSTALL CONSTRUCTION SIGNS 1f~~ x2,000.00 x1,000.00; x2,000.00 sl,z3a.0ca S2,a6x.o0 52x0.00 xslw.oo INSTALL INDUCTfVE LOOP i i DETECTORS COMPLETE IN PLACE, 350. 517,160.x0 S3oo.col 523,20x.00 szoG.OOI x9pGx.oO s2su.0o l x11,000.00 58 c4 EA PER PLAN ~ I TRAFFIC SfGNlNG, STRIAING, AND f ~ PAVEMENT MARKERS, COMPLETElN zo,0oo.on sz0p0o.00 51z,ooo.ou; 5tz,xo0.oo 61x400.00 sls,nou.oo 82tA0o.n0 szt,ooo.no 59 i Ls PLACE. ~ INSTALL 3" D1A. STREET LIGHT 1 I CONDUIT, PULL ROPE AND PULL i BOXES. INSTALL 1-i/2" DlA. CONDUIT f I FROM HAND HOLE TO STREET ]A,uox.uo .. xl.A,wo.uo x0,000.00; 53,c0aoo 56,5vo.OU' SA,960.Ox S,C+,Q O;QQ I SE..,0c0, col LIGHT PER S.C.E. PLAN AND 5PC-CfFICATION, COMPLETE !N 6U ~ 1s PLACE ._ TRAFFIC S1GM.aL ,^.^.ODIF!CATION I 1 I (NW/COR.ARROWRTE.AND 3x,000.00 s3s,ooo.o0 5uo,ooo.oo x110,000.00 xl.lo?oo.xol su0,3cw.ou s9s,0oo.oo j s5s.wo.ou HELLMAN AVE.) PER PLAN, i 4I 1 Ls COMPLETE IN PLACE ss,o00. rs,oxowo xs,ooo.00' ss,ooo.0u 532,500.00 53zs00.om 650,000.00 1 ss0,o0aoo~'', 62 t Ls TRAFFIC CONTROL. 1x,000. Sls,oo0.00 xa,oo0.ou fi3poo.0o 5:1,700.001 611,700.00 510,000.00 xto,o0u.uo G3 1 Ls SWPPP DlD TOTAL6 SO,G5x,000.00 ~ fi5, I.A6,a 7n.uU ~ 56.224,439.00 55,260,656.00 P-62 ItID SUMMARY t'OR BID OPEV CvC, d1iNC 1, 2070 ~ a a e 7 IiEL1,MAN AVENUE M.4S'CER CLANKED STORM llRAIN AND STREET IMP. PHASE 1 FROM 9TH ST SANPOVAL PIPELINE NORSTAR PLUMBING & MIKE BUBALO TO SA1V I3F;CLNARDINO RD ENtl ENGINEERING INC CONSTRUCTION Co !NC VASILJ CONS7RUC1'[ON INC UfliT _ SID UN[T I 80 UNIT ~ BID UNIT 3 BID CORRECTBD NO QTY VRIT DBSCRIPTION 0031' AMOUNT CO6? AMOUNT CD3I AMOUNT COST AMOUNT AMOUNT (INCLUDES ALL RL"MOVALS, o aDO o Lno ooo oo 200 ooo oul DD.oo 52DD 3gcoo.oD 3o ooo.oD I I ' S2so,Lwo.ca 52se,ooo.oof 5zso,ooo.oo UNCLASSIFlEDEXCAVATION/F(LL , . , . ~ , . , , 1. 1 ~s AND DISPOSAL t V RE~dOVEANDREPLACEMAILBOX 60o.a s1,2o0.cc szOD.ocI s4Da0c 3/,ow.au $2.000.00 svsc~b saoo.oe~ sls0a.oo 2. 2 Ea 1N LIKE AND K1NDj I REMOVE AND REPLACE PORTION OF AFFECTED BRICK PAVER IN LIKE 1,200.00 51,200.00 61,750,001 $1,750.00 sa,DDO,oD 6h,ooD.oo S7soo.oo s7,5oD.DD~ s7soo.oo ~ 3. ~ 1S AND KIND (SEE SHT. 21 _ I RECONSTRUCT MEDIAN fSLANb IN ___________ ~ LIKE AND KIND {CAUSEDSYTHE INSTALLATION OF LATERAL ON i FOCTH/LLBLVD., SL-ESHT 7) 7.000. s7,ooo.DO 59soo.oc~ 59sno.ou SE,co0.oo1 se,coo.oo slo,onc.oD 610,000-Dot s1o,DOO.Do ~ fNCLUDING CURB, LANDSCAPING, j IRRIGATION, ETC., COMPLETE IN I I 4. + LS PLACE I i ' REMOVE EXIST. TREES, INCLUDING ]tai 0 slosoO.DD SsoD.oo sasoo.oo SSIX7.00' S4..5(%LDD ss0o.o0i $a X00.00 $4,00.00' s. 9 En ROOTS AND STUMP. i 2D0. 5800.00 5250.00 6L,000.00 5160.Wi S6a1.00 6300.00, 63,200.W $1,2D0.OD G. a EA RELOCATE EXISTING STREET SIGNS i ' ~ 84. 6253,176.00 594.00 $283,316.00 $90.00; 5271,260.«) i $93.BOi 5282,713.201 $282,713.20 7 3o+a TONS ASPHALT RUBBER HOT MIX ARHM I i 4 535 456.00 52.751 524,376.00 S3.oo~ $26,542.DD 62.69 623,84-1.L61 523,844.16 8 aeaa, SY 0.12'COLD PLANE . , ADJU T MANHOLE TO NENJ FfNSHED 700.0 617,~i00.00 I $775,001 $14,375,00 f $1,200.00{ 530,000.00 6700AO 517,500.001 $17,500.00 9 25 En GRADE 1 I ~ ADJUS7WATERVALVEBOX, GAS 300.00 $6,000.00 S1 W.OUl 52,000.00 i $20D.OOi 54,000.00 1 8350.00! $7,000.001 67,000AO 10 z0 EA VALVE, VAULT AND PULL BOXES ll 37v7 oNS ASPHALT CONCRETE PAVEMENT 6s.0o $246,«05.00 ssa.ou ,«3«,136.00 570.00 526,,740.00 5G3.SO~S2n0,2n8.66~ 5342,2h8.6U 30. $135,870.00 539-00~ SL76,G31.o0 535.00 $158,515.00 $28.80] 5390,a35.20~ 5130,435.20 12 4520 oNS CRUSHF_D AGGREGATE BASE REiviOVEEX/ST WRGUGHT iRCiJ j FENCE INCLUDING CONC. i ~ PEDESTAL kND FILL EXISTING OPEN j CriANNEL WiTN SELECTED DIRT ~ j MATERlALSANDPAVEWlTH io,ooc.oo Slo,ooo.oD sls,ouo.oo $is,oou.oo s^5,oco.oD: 5,,000.00 617,00.0« 517~oo.ooi >I7soo.oo ~ I COBBLE STONE PER CJTY STD, ~ t I DWG. NO. 542 TC MATCH EXISTWG 1 IMPROVEMENTS. SEE PLAN SHT. 5 AND SECTION ON SHT. 8 AND 11. 1.3 + is SF_1_E REMOVE EXISTING PARKWAY DRAIN i :~ SAND CONSTRUCT CATCH BASIN, ~ W=90', INCLUDING LOCAL j DEPRESS/ONS,CONNECTIONSAT na,uar.oo $4a,w0.oc $3,,000.00; 53s,on0.oo $35,ano.ooi s3s,u0u.o0 sso,o0o00 ssc,oDn.oo! $so,ooo.ooi BACK OF C.B., COMPLETE !N PLACE, i ~ PER PLAN AND CITY STD. D WG NO. 4 J 300, 307, 308 AND DETAILS NOTE 21. I CONSTRUCTION FOR C.B, SHALL E 14 1 EA FOLLOW THE STANUARD I -- REMOVE EXISTING CATCH BASIN i i i AND CCNSTRUCT CATCH BASIN, i I W=42; fNCLUDlNG LOCAL j DEPRESSIONS,.COfJNECTICNS, ETC. 1 I COMPLETE /N PLACE, PER PLAN 2s,DOo.ud SSO,ooo.uo ~ s22,ono.oo ' $4«,000.00 52,,000-00 ~ $,0,000.00 s3a,DOOmo 56«,000.00 $6apoo.oo ~ AND CJTY STD. DWG NO. 300, 307, i 308. CONSTRUCTION FOR C.B. j ' I I SHALL FOLLOW THE STANDARD ~ E CONSTRUCT CATCH BASW, W=28', ! ' I INCLUDING LOCAL DEPRESSIONS, ~ i CONNECTIONS,£7C.,COMPLETElN v,o0ucw $t7o,0o0.00 sL4s0o.0o slas,ooo.oo sn,SOD.w s17s,oooao ~ $]so,ooo.ocl Rlso,ooo.oo $IS,DOO.cu PLACE PER PLAN AND CITY STD. 1G to EA DWG. N0. 300, 307 AND 308 ~ CONSTRUCT CATCH BASIN, W=2i ; ~ fNCLUDfNG LOCAL DEPRESSIONS, ~ CONNECTIONS, ETC., COMPLETE IN 13,mD.0 $sn7,u0o.oo slz,ono.oo s22s,u0o.0D 61 s.ooo.uo i 5285,000.00 6266,000.00; $266,000.00 $14,W0.00 PLACE PER PLAN AND CITY STD. i t7 Is EA DWG. N0. 300, 307 AND 308 i CONSTRUCT CATCH SASlN, W=i 4; j e lNCLUDlNG LOCAL DEPRESSIONS, 00 ,72 000 0 CONNECTIONS, ETC., COMPLETE IN 9.o00.n i Ssa,ooc.oD sl.l,oao.o0 $a6,ooc.oo 6s,o0u.oa ) S4s,oun.oo , . 672,000-OOi 512,000.0 , PLACE PER PLAN AND CITY STD. ~ 16 a EA DWG. N0. 300, 307 AND 308 RECONSTRUCT CATCH BASIN WITH 2 ADDITIONAL NEW GRATINGS, INCLUDING NECESSARY «,600.00 5«,900.00 sa,0o0.u0 1 Se,000.00 5«,000.00 $5.000.00 Se,cOO.oo 56,000.00; Sa,oon.o0 CONNECTIONS, ETC., COMPLETE fN I PLACE PER PLAN SHT. 7 AND CITY + 19 + EA STD. DWG. NO. 302, 306 AND 308 P-63 610 SU?1r1ARY FON. SI1) OPENING JUNE 3, 2010 4 a s 7 IfELL.MAN AVRNUI M:15'fF,R PLANNET] S'PORM f DTtA1N AND S7'RGE'f IYIP. [PHASE 1 FROh1 9TT{ ST SANDOVAL PIPELINE NORSTAR PLVMBING & MtRB HUHAI.o 'PO SAN 1fF;1LNARDINO RD ENG ENGINEERING INC CONSTRUCTION CO INC VAS[LJ CONSTRVCTION iNC CONSTRUCT MODIFIED SINGLE GRATE CATCH DASIN (4X8)PER Gsoa.u $GSOO.oo ss,loo.(10 55,100.00 Sa,ooo.oo! Sa,ooo.oo s5,ooa.oo Ss,oon.oo~ ss,ooa.oo PLAN (SHT. 6) AND CITY STD. DWG. I 20 + Ea N0. 304 8 306 { I { CONSTRUCT CURB OPENING CATCH DASIN W17'H 4-GRATE, N/=14', PER ! 15,000.00 $15,000.00 I $7500.00; 57,500.n0 Sa,oo0.00~ $8,000.00 $:3.000.(x1 $13,000.00 513,000.00 PLAN (SHT. 6f AND PER CJTY STD. ~ ~ ~ 21 t En DWG. NO. 302 ~ CONSTRUCT TRANSITION STRUCTURENO. 3 PERGITYSTD. G,ooo.oc sG,oao.oa sa,ooo.ooj sa,ouo.oo, $2,uoo.uo $2,000.00 s4,ooo.ou sa,oou.oo( Sa,aoo.oq DWG. N0. 336, D=24"DIA., i I 22 ~ En COMPLETE IN PLACE CONSTRUCT JUNCTION STRUCTURE i ~ N0.2 PER CITY STD DWG. NO. 331, 2,noo.o 593,r,00,00 53,000.00 su7,oco.oo szsao.oo 597sro.uo $3,$00.00; $13G,SOU.OOi $136500.00 8=VARIES (24" TO GG"DIA.J SEE ' i 23 3B EA PLAN _ i CONSTRUCT MANHOLE N0.2 PER ~ ~ I PLAN AND CITYSTD.DWGN0.319, 5AU0.00 599,n00.00 Sln,ooo.on $i30,D00.W $]O,CW.UO SL30,000.00 533,$(]0.00 $21G,000.DO~ 5175,600,00 2a +3 En COMPLETE IN PLACE 3 CONSTRUCT 1dANHOLE N0.2 PER I I PLAN AND CITY STD. DWG NO. 319 j { ANDlNSTALLMANHOLEFRAMEAND 7,rwo.oo sz250o.co s9,ow.oo Ss,ooa0u S1a,ua0.ool Sa2,no0.uo $17,000.00 s6l,coo.oo ssL,oco.oo COVER PRESSURE TYPE PER APWA i 25 3 En STD. PLAN NO. 211-1 AND 212-1 SAWCUT EXISTING UNDER j SIDEWALK DRAIN (W10TH I ~, VARIES)ANDCONNECT TONEN/ a,ooao $9,00o.0c snsoa.ooi 513,500.00 $L,o(w.oo) $3,000.00 Ss,oOO.oo~ $5,000,00 59.000,00 CATCH DASIN PER PLAN AND ~ ) 2G 3 En DETAIL ON SHT. 8 CUT EXISTING CONC. PIPE, BOXOR I ~ CMP (SIZE VARIES-SEE PLAN AND z,c0c,ro ss,ooc.oo sln,noo.oo s3soo.oo ~ $soo.oo Sz,000.oO s2,ooo.00 s6,o00.00~ ss,o0o.no SECTIONS) AND CONNECT TO THE f 27 4 En NEW CATCH DASIN. l ~ PUNCH f7J 7G c'XiSTl7JG CATCH - ~ ~ ! HASINANDCONNECT42"LATF_RAL 3,000. $6,000.00 $n,ooo.00j sa,0oo.0o S2soo.ooj s5,(%ou.oo Sn,auo.00 $B,000.OOj $6,000.00 COMPLETE !N PLACE. SEE PLAN I 28 2 En SHEETS 5 & 10 I I CONSTRUCT C'JRB AND GUTTER i PER CITY STD. DWG. 104 AND PER 29-U S1A,996.OO F23.OUI $15,065.00 $25.00 $)6,376.00 560.001 532,750A0 $32,75n.oo 29 665 LF PLAN CONSTRUCT CURB RAMP TYPE 6, I ~ ! I ! PER A. P,WA. STD. DWG. NO. 111-3, u. $'fl,25o.00 8!0.no 57500.00 C10.OOj $7500.00 S15.o0' S11 ,250.001 sl1 ~so.o0 30 iso sc CASE A", COMPLETE IN PLACE CONSTRUCT ACCESS RAMP PER j ~ I CITYSTD.DWG.N0.102ANDPL-R n. 516,9W.o0 515.00; 523,136.00 sa.oo $11,568.110 S12.o0 sv5s2.oa? $17,352.00 31 laae sP PLAN ~ ~ CONSTRUCT PCC SIDEWALK PER 1 ' I CITY STD. DWG. NO. 101 AND i03 TO 3.0(1 SLa,a7auo 54..001 $13,146,00 $5.uo1 $19,7Gn,00 1 S12.u0 5395za0o 539sza.o0 I 32 32ea sF MATCH EXISTING. ! CONSTRUCT CROSSGUfTERPER 11.00 66,Ofi1,00 525.(If] SL3,TJ5.00 i $15.001 S9:G5.00 $25.00 ffi]3,776.UOi $'13,776.00 33 551 sF CITY STD. DWG. N0. 108-A _ CONSTRUC78"MASONRY GARDEN 90.00 $23,940.00 ~ $11,5.00: 533,250.00 I S1MU.OU $37,2aU.0U I S1GO.On ~' S42,SGO.OOi Sa2,S60.00 WALL (6' MAX. J PER CITY STD, DWG. I. 34. ..... 26u LF. N0. 606, TAN COLOP.,,SEE PLAN 1NSTAf_L RIVER WASHED GRANITE ~ ! COBDLESTONESPERC7TYSTD. 4o.a s1.7zo.0o sl2s.ooi~ 55.375.00 S2o.no Sfieo.00 s10o.uo~ Sn,3U0.00 54,300.W 35 43 sp DWG. N0. 542 ` I i CONSTRUCTP.C.C, RETAINING 1 I 1 i I I CURD,VAR/ABLEHEIGNT(6"T036` aa. Ss,ela.o0 sL3a.ooj $23595.00 sa,z7s.oo s2s.oo sao.oo $6,84U.OOi $cs4u.oo 36 171 LF I(AAX. PER PLAN ~ l ! I ' BRACING AND SHORING PER SDILS eo,oco. Sao,ooo.uo $2so,coo.oo szso,00n.00 ;LOU.ou0.0o1 SLVO,uoo.oo s2ou,0al.oo s2oo,ocm.0o szo0,oo0.00 REPORT RECOMMENDATroNS (SEE ! i ~ ! 37 + Ls SOILS REPORT SECTION 9.4) INSTALL 114-INCH DIAMETER RCP 800.0 91.,186,000.00 SG45.OOi 5928, L15.0D $700.OOi $1,034,500.00 $650.00 $965,250.OOi $965,250.00 38 lass LP 1800 D ~ INSTALL 102-fNCH DlAPdETER RCP GBU.OG $336,340.00 5539.00 $282,436.00 S6so.ooi s3no,6on.uo ss3o.oo~ 5298,206.00` 5266,200.00 39 624 LF 1800 0 ~ j INSTALL 90.1NCN DIAMETER RCP i 430.00 51,367,060.00 I $coo.oo $l.z6z;.0o.00 ~ $500.00; 51578,000.00 $4n3.OD ~YYkYYYYYi1tlY sL.nw,azo.oo 4(1 3156 LF 1800 D _ INSTALL 66-fNCH DIAMETER RCP 493. $9,960.00 5600.00': 54,000,00 Sn W.00 ffi3=00.00 5975.00 1 9'S,000.OOi $3,ooo.UU'~ 41 0 LP i7$G DJ ! INSTALL 54-1NCHDIA7dETER RCP 27$00 sL2,37s.ou ' s36o.o0~ Se6,4on.oo sa0o.0o~ Sl6,uco.oo 535aoo $1s,7sa.0oE s/s,75c.oo' 42 45 LF 1750 D) P-64 DID SUMD1ARl' TOR DID OPINING JC!NE 3, 20[9 a 5 a 7 I~IELI,MAN AVENUE MASTER PLANNED STORM DRAIN ANDS"fREE'f IMP. PHASE I t:ROM 9T11 ST SANDOVAL PIPELINE NORSTAR PLV1aEINC m mtlce aveA]-o 'F'O SAN AERNARDINO RD ENG ENGINEERING INC CONSTRUCTION CO iNC VAS[LJ CONSTRUCTION INC INSTALL 48-INCH DIAMETER RCP 241.0 $30,:25.00 $250.OUi $31,25x.00 $350.W i $43,760.00 5300.00 $37,500,00 537,500.00 43 726 LF 1750 D i 1NSTALL42-JNCHDfAIdETERRCP ;30,00 ;2a.aao.oo xa5o.ox $s4s(x1.oo $300.00 s6s,axo.oo x2so.xo ssasoo.oo ss4soo.oo 44 2t8 Lf 1750 D 1NSTALL 36-1NCh! DIAMETER RCP loco SL4G,ooo.oo ! $2oo.ooj $292,ono.ox SzOO.oo xz92,ooo.ox szxx.oo szsasoo.ooi x29aooo.oo 45 7x50 LF i750 D ! 1NSTALL 24-fNC.W DIAMETER RCP 121.00 x4I,745.Oa x175A0~ 560,375.00 $I90.OOI x65,550.(10 $1x0.00: $62,10U.DOI x62,7.00.00 4C1 345 LF 1750 D) INSTALL 12-INCHOIAMETER PVC, SCHEDULE 40, BLEEDER PIPE, i INCLUDING THE INLET AND OUTLET 97 0 $91,548.00 x75.00 570,800.00 575.00; x70,aW.0o SaO.OL" $37,760.00! x3'],760.00 CONNECTIONS, FITTlNGSAND , ELBOWS, PER PLAN, COMPLETE fN 47 Daa LF PLACE CONSTRUCT CONCRETE COLLAR ~ PER A. P.W.A. STD. DWG. N0. 380-3•, t,eoo.oo El9,aou.oa s1,GOO.oo 517,600.00 xeoo.DO s9,9no.uo sz2,ooo.oo s>,ouo.Da: szz,oao.ou aA t t EA PIPE SIZE: VARIES 24" TO 42" REPLACE ALL EXIST. VCP SEWER - ~ I LlNECROSSINGMAINLINETO t6axu 530.00.00 xns.oaj 533,250.00 $100.007 St9,oon.oo Sl9o.o0 s3G,1o0.00 $3G,loo.on DUCTILE IRON PIPE (D.LP.) WITH i 49 790 I.F EPOXYLINlNG j ! ' PLUG EXJSTING MISC. PIPES, S. D, f ` ! BOXES WITH f.~ORTAR AND BRICK f j ~ . PER S. B. C. F.C.D. STD. DN/G. N0. soo.oo S7,ooc.0o s3so.oo sa,9oauo s2,oo0.ooE sze,o0o.0o s6oo.oo s:,ooo.ooi s7.ooo.oo 176, TYPE °B" (PIPE ANA RCB SIZE ~ 50 +4 EA VARIES: 24" TO 54"' E INSTALL P.C.C. PIPE CLOSURE TYPE t,noo.no Ss,ooa.oo xt,7ao.oo~ sa,5aa.oo' s2,oaoAUl sto,ooo.oo s2,oao.an~ $LUpoo.xa sla,oxo.oo "A"PERS.B.C.F.C.D. STD, DWG. NO. 51 s en S.P. 176 lFOR 90" TO 114" RC i CONSTRUCT SUPPORT FOR CONDUITSCROSSlNGTRENCHES I.UxO.x x30,D00.C0 5350.C0 $10,500.00 x1.,5U0A0 $45,000.00 S<OG.OOI x4,000.46; $6,000A0 52 3c en PER CITY STD. DWG, N0. 339 ! CONSTRUCT BLANKETPROTECTJON j i ~ ' PER CITY STANDARD DRAWING N0. ecw.o s la,aoo.au xsouaO l se,ooo.oo s3,ooo.oOl ~ sae,ooo.uo x500.00 S6,o0o.00 sa,ooo.oo 53 +6 en 340. ! POTHOLEALL EXISTING UTILITIES _ ~ CROSSING PROPOSED STORM 8,000. ss,ooo.oo x35,oo0.00 $3s,uoo.oa szo,xoo.ao xao,+wx,oo szx,ooo.oo xzo,ooo.ool szo,ooo.oo 54 t Ls DRAIN PRIOR TO EXCAVATION I i PLANT 24"BOX CRAPE MYRTLE ' ~ 'TREESfNCLUDING/RRIGATlONAND t,aoa.oo Ss,aao.oo $900.00 s2,7oo.na Saoo,ooi s2,aoo.oo s7oo.00, x2,lo0.00 Ss,l0a.o0 CONNECTIONS TO 7NEEXISTlNG SS 3 en i1NE i PLAN75GAL.LlTTLEJOHN ~ 370.00 Sssso.oa sloo.nu SLsoo.OO s4s.oo 5675.00 $ao.0ol S6DG.OO x400.00) Sfi t5 tan (WEEPING BOTTLE BRUSH 57 z en STRUCTIONSIGNS INSTALLCON eoo.oo 51,6oaoa St,aoo.oo l s3,6uo.oo st,ooaoo $2,oc0.ao ssoo.4ol SL,ooo.0oi $].x00.00 _ INSTALL INDUCTIVE LOOP 0 00 DETECTORS COMPLETE IN PLACE, 250.< s1l,oouoo saoo.uo 517,6oo.on xzoa0o ss,auo.xu , ;zss.oo $11,200.00 $]1,22 5A 44 EA PER ALAN TRAFFfC SIGNING, STRIPING, AND COMPLETElN PAVEMENT MARKERS az,ou0.a 52z,o0u.W 5z1.00o.0o $at,xo(i.oo $zo,oaa.ox $20,000.00 Sao,ono.c0l szo,coo.oo $zu,oco.oo 59 ~ t Ls , PLACE. INSTALL 3"DIA. STREETLIGHT ~ I I CONDUIT, PULL ROPE AND PULL j I BOXES. INSTALL 1-12°D1A. CONDUIT FROMHAIVDHOLETOSTREET 28,x40.fA xix,Ov0.00 "s.t:OG.gO o 3ifi,(xO.Cx 35,OpC_QC~ $9,D00.'MJ 82,7xp.0U 52,700,0(11 a2,7capo LIGHT PER S.C.E. PLAN AND ~ SPECIFICATION, COMPLETE M 60 + LS PLACE TRAFFIC SIGNAL MODIFICATION L I (NNVCOR.ARROWRTE.AND 1.]8,000.0 x118,000.00 x138,000.00 $L33,aoo4a 5100,Ot10.D0 $100,000.00 $103,200.00! $lU3_00.00I $103,200.(1(1 HELLMAN AVE.J PER PLAN, j 61 + Ls COMPLETE !N PLACE n uoo.uo s1:,0o0.0o sa2.ooo.oo saz,wx.oo szo,aoo_o0 s2o,oo0.00 sso,0oo.o0l sso,ouu.0o~ xso,ooo.oo 62 t LS TRAFFIC CONTROL. , ~ 7 xoo.oo l s7.ooo.aa l 525,000.00 1 s2s,aoo.on xza,o0o.oxi szo,ooo.oa $7.000.00 sl,ooa0o~ sl,oao.ax 63 ' 1 Ls SWPPP , BID TOTALS ~ S5,ga5,826.00 ~ f 55,Gax, 195.00 45, i 786,179.D0 i $5,x48.07612' 55,865,696.76 P-65 RlU SUAIM.~RY POR HID OPENING 31iNE 7, 2010 8 0 i0 11 HI;LLb1AN AVF.,NUE MASTER PLANNCD STOR,11 , DRAIN AND STACEY IMP. P[iASC ] PRW1 9TII ST STEVE HUHALO SULLV-MILLER LEATHERWOOD TO SAN ISCI2NARDINO RD cONaTRVCT[ox co WEICA [xc CONTRACTING CO CONSTRUCTION INC UNIT f HID vNIT HID 1 CA88'ceTlD UNIT HiD I UNIT H7D NO 7Y UN[T DHSCRIPT[ON COST AMOVNT COST AMOVNT ~ AMOUNT COST AMOWT COST AMOUNT L !N u 8 (INCLUDES ALL REMOVALS, UNCLASSJFlED EXCAVATION/FILL 1a0pM.n0 51HD,DDD.9D i 54DG,62G.D01 5406,629.L`0 S40G,G2i.00 ' 3589-,519.75 1 5584,519.75 52S2,OM.00 ~ 52S2,MO.W 1. t Ls AND DlSPO SAL REPdOVEAND REPL.ACEMAIL BOX 3M.00 5600.00 $]50.00! S30D.00 ' ~ 53DD.CDI 555^.C0 51,3C0.00 5500.M i $I,OOD.M ! 2. 2 En 1N LIKE AND KIND ~ ' 1 1 REMOVE AND REPLACE PORTION ! ~ OF AFFECTED BRICK PAVERlNLIKE 1,5M.M 51soo.M SSDO.DOj ssoo,oo sHM.oD 59UO.M 5900.D0 s7sa1.M $7sno.M 3. t lS AND KfND SEE SHY. 21 RECONSTRUCT MEDIAN ISLAND 1N ' _ _______ LIKE AND KIND (CAUSED 8Y THE lNSTALLAT7pN OF LATERAL ON FOOTHILL6LVD., SEESHL7) e,aoD.D SH.coo.DO $2,ciU0.00 52,000.OO i Sz,ooo.o0 57,7oo.DO 5],700.OU $t3sM.oo SI3,SUD.W INCLUDING CURB, C.ANOSCAPING, IRRIGATION, ETC., COl~1PLE7E fN I I a. t Ls PLACE i I REMOVEEXlST. TRF_ES, lNCLUDJNG 7M o $bsoo.oo 5]M.Mi 56,300.UOj 56,300.00 $E.120.fi0 $1D,DSD.DO 57M.M~ 56,3M.DD 5. e en ROOTS AND STUMP. 500.0 S2,M0.o0 I 5125.M~ 5500.001 $GDD.DD $Lb5A0 SGGD.M $150.00 56M.DD 6. 4 Ea RELOCATE EXISTING STREET SIGNS 80.00 $241,120.00 b91.5U! 5275,781.60 $275,781.04 592.50 52]R,796.DD k96.00 5286,330.00 7 3014 TONS ASPHALT RUBBER HOT MIX ARHM ! Ls easy sY 0.72'COLDPLANE 2.00 51],]28.DD $1.$UI $13;296.00 $13,296.00 $1.80 bi5,956,20 52.$O 522,16D.DD ADJU T MANHOI_ TO NEW F/NSHED ' 9 25 En GRADE 300.0 57,500.00 660UAOi 6t2,bDU.DD $12,500.00 $450.00 SS 1, 250.00 5550.00 112,750.00 ! ADJUST WATER VALVE 60X, GAS ~ 250.0 5'5,000.00 i S]'_.OD S1,50D.M ! I 51,5DD.DD $155.00 $3,100.00 533D.DD i 56,600.M 10 20. EnI VALVE, VAULT AND PULL BOXES f 1.1 3787 oNS ASPHALT CONCRETE PAVEMENT 65.0 $2a6,805.M~ $7:.GO b269,387.M $269,587.00 559.00 5224,023.00 $TS.M, 5284,7]5.W 30.0 S135,870.0U 517.001 576,993.Mi 576,9~i3.00 S1A,]5 1 689,918.]5 626.M~ 3L1%,754.00 7.2 4529 ores CRUSHED AGGREGATE BASE REMCVE EkfST. WROUGHT IRON 1 FENCE INCLUDING CONC. j PEDESTAL AND FILL EXISTING OPEN CHANNEL WITH SELECTED DIRT ~ I MATERIALS AND PAVE WITH I 1s,oao.oo $16.ooo.oD i s7,ooo.DOI S7,ooo.o0 5],DOO.oD S2o,eoo.oof $zo,SDO.DO s2:,7DD.DO~ $z7,7oo.00 COBBLE STONE PER CITY STD. ! l DWG. N0. 542 TO MATCH EXISTING ~ I IMPROVEMENTS. SEE PLAN SHT 5 I 1 AND SECTION ON SHT. 8 AND 17. 13 t Is SELF REMOVE EXISTING PARKWAY DRAIN ~ i j AND'CONSTRUCT CATCH BASIN, i ' W=90', INCLUDING LOCAL I I ! DEPRESSIONS, CONNECTIONS AT. 45,000.0 ~ $95,000.UO 595,000.OOI Sg9,000.00 1 1 $95,000.00 $46,100.00 546,100.00 SA5,4UD.OU 598,400.OU BACK OF C.B., COMPLETE 1N PLACE, 1 PER PLAN AND CITY STD. DWG NO. ~ i ~ I 300, 307, 308 AND DETAILS NOTE 27. CONSTRUCTION FOR C.B. SHALL I in t En FOLLOW THE STANDARD ! ~ I REMOVE EXISTING CATCH BASIN I i I 1 AND CONSTRUCT CATCH BASIN, i W=42', INCLUDWG LOCAL I DEPRES$IONS COMMECTlQlJ$, ETC. I COMPLETEJNPLACE,PERPLAN 2R,DOO.U Ss6,ooo.o0 54U,OM.UOI SHD,DOO.oo l 680,000,DU szssoaMl S31,VOO.UO $zG+,100.00 : 352,2ori.oo AND CITY STD. DWG NO. 306, 307, ' 308. CONSTRUCTION FOR C.6. SHALL FOLLOW THE STANDARD ~ ;5 2. 1 En IFORV/=28'. I ~ i _ _ 'CONSTRUCT CATCH BASIN,W=28', ~ INCLUDING LOCAL DEPRESSIONS, ) CONNECTIONS, ETC., COMPLETE IN 2a,DM.DO 5zao,ooo.M sn,0o0.MI $I]U,WO.M sro,ooD.oo s1s,eM.oD, 51sa,DODao sn,2oD.ooi stn,ooo.cw PLACE PER PLAN AND GfTY STD. ~ j I t6 to En DWG. N0. 300, 3D7AND308 ! CONSTRUCT CATCH BASIN, W=21', 1 I INCLUDING LOCAf_ DEPRESSIONS, ' CONNECTIONS, F_TC., COMPLETE IN 17,000.0 5323,DM.00 s1z,oW.oo! S22R,000.OO i 5228p00.M 513,800.00' $262,2M.M 5210.900.00 Sll.loo.UO ~ PLACE PER PLAN AND C1TV STD. ~ L'7 t9 EA DWG. N0. 300, 307 AND 308 CONSTRUCT' CATCH BA51N, W=i4', ' INCLUDING LOCAL DEPRESSIONS, E I , ! 0 CONNECTIONS, ETC., COMPLETElN 1],M0.00 $Gb,000.00 ~ $11,DDD.DD'; 566,000,00 1 566,00000 { ' 510,6M.00 $G3,GUO.UU 57,700.0 $46,200.00 PLACE PER PLAN AND CITY STD. ~ I 1 R e EA DWG. N0. 300, 307 AND 308 I RECONSTRUCT CATCH BASIN WITH ~ 2 ADDITIONAL NEW GRATINGS, ' INCLUDING NECF_SSARY q,R04.00 54,800.00 53,500.00 53,600.M 53,600.00 57,630.00 57,!>30.00 56,800.00 $G,BW.OO CONNECTIONS, ETC., COMPLETE fN 1 PLACE PER PLAN SHT. 7 AND CITY I I 1 1 i 19 t En STD. DWG. N0. 302, 306 AND 308 ~ P-66 BIll SU\1MARY FOR tllD OPIiNING JUNE 3, 2010 a s +o ff I28LLMAN AVIiNUL RIAS'I'~;R PLANNED STORM DRAIN AND S'i'REGT IMP. PI2ASl: 1 FROM 9TH S7' sTEVB svaALO BULLV•MILLER LEATHERWOOD I ~f'O SAN f3RRNARUINO RD CONSTRUCTION CO WEI{A tNC CONTRACTING Co COR6TRUCTtON INC CONSTRUCT hAODlFlED SINGLE ! ! I GRATECATCH8ASIN(49C8jPER s,caD.W $s,DOO.ob $4,GW.001 $9,OW.WI 54,DW.W 35,560.Wf 55,560.00 57,900.00 S7,9W.00 ' PLAN {SHE 6) AND CITY STD. DWG. 20 + En N0. 304 & 306 CONSTRUCT CURB OPENING CATCH ~ i BASIN WITT4-GRATE,W=14',PER 9,oW.o S9,W0.00 S5,4W.00 SS,aco.uo; 6s,4DO.ou $12,OW.00; s12,WO.oo S9AOD.oo $9.4oo.uD PLAN (SHY. 6) AND PER C1TV STD. ] i 21 1' EA DWG. NO. 302 t CONSTRUCT TRANSITION f j STRUCTUREN0.3 PER CITY STD. zsoD.uo $2,>oc.oc sz,7ou.oo~ sz,7ou.oo $a,7oo.DD s3,9on.oo 53,9DD.W g5400.DU ss,aoo.no DWG. NO. 336, D=24"DfA., 1 22 + EA COMPLETElNPLACE CONSTRUCTJUNCTJONSTRUCTURE N0.2PERCITYSTDDWG.N0.331, 2,SW.UO $97,SOO.OG $2,700.Ofi gl0.5,300.C0 $IU5,300.W 53,390.001 Si3'1.,210.W $2,90D.Wj $113,300.W 6= vARrES (z4" ro ss" DfA.) SEE ~ i . 23 3fl EA PLAN I I CONSTRUCT MANHOLE N02 PER PLAN ANDCfTYSTD,DWGN0.319, I1,WO.o $L43,000.U17 $11,300.00 $I4fi,9W.W 614G,900.W S1U,ZW.Wj E132,6bU.00 $8,900.00 6115,7W.DD 24 13 EA COMPLETE /N PLACE { CONSTRUCT MANHOLE N0.2 PER ~ ~ i PLAN AND CITY STD. DWG N0. 319 ! ~ ' i ANOfNSTALLMANHOLEFRAMEAND 3,Wao S9,W0.00 sn,5oo.001 E3asoo.uDl 53asW.oo Si4,6W.00' Sa3,aoo.DO $44,4oo.ao sla,aoo.DO COVER PRESSURE TYPE PER APWA i ~ i f 25 3 EA STD, PLANNG. 2i1-1 AND 212.-1 _ ' SAWCUT EXISTING UNDER ~ j SIDEWALK DRAIN (WIDTH VARfES)ANDCONNECTTONEW 500.00 $1,500.00 53,300.001 $9,900.00 $9,900.00 ffi2,i50.0Ui 58,250.00 56,DW.DD 619,DOD.OD CATCH BASIN PER PLAN AND 26 3 En DF_TAIL ON SHT, 8 ~' CU7 EXlST1NG CONC. PIPE, BOX OR '' ( ~ i I CMP(SIZEVARIES-SEE PLANNND 1DOO.o $:.coo.oo $2,:oaoo; $s,eoo.oci se,noo.oo $l,a2D.oe4 Ss,2ae.OD E4,6oo.bD s1a,4W.oo SEC710NS) AND CONNECT TO THE 27 a EA NEW CATCH BAS1N. PUNCH 1N TO EXISTING CATCH ~ I BAS/NANDCONNECT42'f~tTERAI ]soo. S3,WU.00 Ez,zoD,oo, s4,~;o0.00~ 54,aW.no g3,62o.on~ sz24o.oo s4,aou.oo g5,abo.oD COMPLETE fN PLACE. SEE PLAN I ! 2B 2 Ea SHEETS 5 8 10 ' ! I i CONSTRUCT CURB AND GUTTER i 1 ' PER CITYSTD.DWG.104ANDPER Sao 519,650.00, Szs.W~ SLG,375.WI SL6,375,n0 S13.i0o.o0 E2o.c0 s3G.Wi $zsss0.0o 29 655 LF PLAN CONSTRUCT CURB RAMP TYPE 6, I 1 1 PER A. P. W.A. STD. DWG. N0. li1-$ lb.ou $7soo.oo $7.09j 55,250.00 55,250.00 57,875.W 510.50 517.00 $1Y,750.00 30 750 ~ sF CASE A", COMPLETE /N PLACE i i CONSTRUCT ACCESS RAMP PER O ~ ! I ~ ClTYSTD.DWG.N0.102ANDPER ls.o 521,r,9o.D s7.oo~ S1D,lzz.oo Su>,12zW $lz.uo $n~5z.oo 6ta.W l s2o.24a.oD 3I t4as sF iPLAN CONSTRUCT PCC SIDEWALK PER ~ ! ~ CITY STD. DWG. NO. 101 AND i03 TO a.oo $Ia,176.DO $s.W; stG,a7o.oo s1c,47o.oo Ea.on $13,17G.U0 55.00 $2G,352.D0 32 329a sF MATCH EXISTING, ~ ' CONSTRUCT CROSSGU77ERPER ]o.oo EGStn,oo slz.ooi $6,612.00 1 SG,G12.W $lU.u0j 55,E-75.30 81e.C0 59,915.W 33 551 SF CITY STD. DWG. N0. ?O6 A _ _ i ~ ! ~ i j CONSTRUCTS"MASONRY GARDEN yo 521,z5o.oD Stan.cn Ea7,eao.W ~ s47.5ao.W SIS4.oo1 540,964.W $1ss.W) s41_3o.W WALL (6' MAX.) PER CITY STD. DWG. ! 1 ~ 34 206 LF. .N0.6G6,.TANCOLOR,SEE.PLAN._..____ ._............ ! I INSTALL RJVER WASHED GRANITE I COBBLESTONES PERClTY5TD. 300.W 54,300.00 $''/.JOi 5301.00 : $3D1.W kl7.W 5731.DD $45.W 53,935.00 I 35 a3 SF OV/G. N0. 592 i QC.RETAINfNG ~CONSTRUCTP ~~~ 0 . CURB, VARIABLEHE(GHT(6"T036" 50.00 i $9,35D.U0 $25.00 64,275.W 54,275.00 $3,933.00 523.0 $75.001 512,825.00 36 171 LF MAX. PER PLAN ~! BRACENG AND SHORING PER SO1LS ~ Doo.oD $so,ooo.oo I s3s,ooo.W 53s,DW.oo ; $35,000.00 $95,OOUAGi S96,ODU.UO s2o,ooo.on~ sao,WO.W REPORT RECOMMENDATIONS (SEE ~ ~ 37 1 Ls SOILS REPORT SECTION 9.4) I INSTALL 114-INCH DIAMETER RCP 74s.oo $l,tlo,7ao.oo $6W.oo':. SLOZ4,6sD.W i st,oz4,6so.oo 5752.nD, S1,1G 1,vo.W Sa70.0u S1,z91,9so.no 3B 1485 LF 1800 D 1NSTALL f02-INCHDlAMETERRCP 650.00 ¢356,320.00 5570.00! S29b,690.W 1 5298,650.W 5819.00 5460,596.W SGaS.W $355,940.W 39 524 LF 1800 D INSTALL 90-INCH DIAMETER RCP 500. $1,578,W0.00 $467.00 SL,473,825.W ~ 51,473,852.W $aOa.ODi $1,257,645.W $490.WI $],Sa6940.U6 40 3156 LF 1¢00 D INSTALL 66-INCH OfAMETER RCP 450. 83,GOO.W g975.DD! $3,900,W ~ ! $3,SOO.W 63,240.001 $9,920.00 592U.UOj 57,360.00 ~ 47 a LF i750D) 1 lNSTALL54-lNCHD1AMETERRCP 35c.DO 515,75c.ob 54oc.oo~ st5,oooso S1s,DW.oo s3oo.uo; S13so0.nn ! s375.on( 5:G,875.W 42 a5 LF 1750 D) P-67 DID SUMM1iARY NOR SID OPE?VTNG 3l?NE 3, 2010 8 s 30 I+ kIELLivTAN AVENIJE bTASTER i'LANNED S'fORM DRAIN AND STREET IMP. PHASIs I F'R0;1T 97'FI ST sTEyE BUEALO SULLY-MILLER LEATI[ERWOOD TO SAN BERVARDCNO RD CONSTRUCTION CO WEKA 3NC CONTRACTING CO CONSTRUCTION INC INSTALL 48-INCH DIAMETER RCP x20.0 5x0,000.00 53as.oo s43,t2s.no! $43,12s.no s;9aool 523.7,0.00 s27u.oo 33.1,750.00 43 tz5 LF 1750 D) _ ~ ! j INSTALL 42-INCH DIAMETER RCP 500.00 565,x00.00 $a""35,00; $73,030.°° 573,030.00 3?76.00! 536,368.00 53n0,00j 574,L40.004 44' 218 LF 1750 D i f ~ , 1 INSTALL 36-INCH DIAMETER~RCP 2G0.00 5379,600.00 ~ $250.00 5409 AUU.OU~ 3a08,B00,00 $165.001 5270,IOO.OU ~ 5205.00 ~~ 5299,300.09 45~ +ae0 EE l1750D • ' INSTALL 24-INCH DIAMETER RCP 250:0. $An?50.0° $691100.00 3h9,000.00 $2(IO.CtI 599.001 53x,155.0U r S2 10.001 fi72,450.00 4li 345 L~ 1750D { -- INSTALL t 2-INCH DIAMETER PVC, i SCHEDULE 40, BLEEDER PIPE, ~ lNCLUDINGTHElNLETANDOUTLET sc.c $x7,200.00 $GS.DOi $67,360.00 561,360.00 S60.C0 556,640.00 ssa.oo~ 5so,oaz.oo CONNECTIONS, FITTINGS AND ELBOWS, PER PLAN, COMPLETE IN ! i a7 eaa LF PLACE CONSTRUCT CONCRETECOCLAR ~ PER A.P.W.A, STD. DWG. NO. 380-3., Goo.oo s6,6on.a0 Sl.,oro.coj su,ooo.oo:, 5t1,c00.ao 3B5oao $9,680A0 5550.001 56,050.00 . c8 i ; s FA PIPE SIZE: VARIES 24" TO 42" f REPLACE ALL EXIST. VCP SEWER 1 LINE CROSSINGMAiNL1NET0 4so.0 S47soo,oo 3rc.oo 51o~7oc.oo~ stoa,7oc.oc stau.ooi 32a,7cw.oo 5300.001 ss7,ow.co DUCTILEIRDNPIPF.(D.1.PJWITH ! ~ ! 49 i9o LF EPOXYCINING ,_ ~ ~ PLUG EXISTING MISC. PIPES, S. D. ~~ 80XES W1TN MORTAR AND BRfCK I I PER S. H.C.F.OD. STD. DWG. NO. zso.oo 53so0.oo S2s0.0o! s3sun.oo~ s3soo.oo i sazs.c01 3s,9saoo $s2s.oo 37,3sc.0u 1 %6, TYPE "8" (PIPE AND RCB SIZE ~ '~. 50 +a En VARIESr 24" TO 54" _ INSTALL P,C.C. PfPE CLOSURE TYPE t,ooo.oa ss,ooo.co 32,200.00 su,ooo.o0 31:,oon.oo 31,»oeoo! s7AOU.0o st,6so.oo $6,zso.«7 "A"PER S. B. C. F.C.D. STD. DWG. N0. t ~ 51 s EA S.P. 176 FOR 90" TO 114" RC ~ CONSTRUCT SUPPORT FOR ~ CONDUITS CROSSING TRENCHES so0.o Sts,ooo.al $6a,ooo.ao! 560,000.00 sz,0oc.oo 5930.00 ¢27,900.00 5525.oc! $15,Y50.00 52 3o EA PER CITY STD. DWG. NO. 339 CONSTRUCT BLANKET PROTECTION PL-RCfTY STANDARD..,.AV.';N'G h.,. suc.o m5,;oc.oo b.,..~~. ° ..~:~~c.c::'. ,,..6.coo.oo $93n.co~ ... ,eeoao sszs.oc ss,aoo.m 59 7e En 340. ~ ( POTHOLE ALL EXISTNG UTILITIES ~ I E CROSSING PROPOSED STORM Is,ooo.co 3ts,coo.oc szs,o97.eo 52s,e97oo S2s,o97.oo 5z3,ooo.oe s2;a,uoe.oo' sso,eon.ooi 3so,uovoo 54 t ~ t5 DRA/N PR10R TO EXCAVATION PLANT 24"BOX CRAPE AvfYRTLE ~ TREES INCLUDING fRRlGATtON AND 7oe.oo s4,tou.oo saso.ocj S1,350.COj S135G.U0 ~ 522f.00':. 5660.00 $attU.00~ 3900.00 f! CONNECTIONS TO THE EXISTING I SS 3 cA LlNE PLANT-5 GAL. LITTLE JOHN ~ sn.o s7sn.oo 4so.ooi 57so.co~'. $75n.W sn.ouj 5zss.uo 330.00: $M1SU.O° 56 ,s ~n WEEPING BOTTLE BRUSH 57 2 EA INSTALLCONSTRUCTfONSIGNS :s°°.00 3s,0cc.o0 Ssna.oo~ S7,coo.oo~ 5t.oco.oa 53,x00.001 sa,ooo.oo sz,uoo.ou; sa,0oo.00 ! INSTALL INDUCTIVE LOOP DETECTORS COPvfPLE'TF_ fN PLACE, 2uo.oo ~ l 3a,eoc.oo i ~ 5215.00; $9,aG0.001 £9,N60.00 $300.00 $:3,20u.0u 5275.00 574,700.00 5a aa l EA PER PLAN I j i TRAFFIC SIGNING,STRlP1NG, AND PAVEMENT MARKERS, COMPLETElN ts,oo0.0 5ts,o0u°° ' S15,oon.o01 s7s,ooc.on~ Sts,0oc.00 31s,6so.oo 375 cso.o0 st7,7oo.00 317,700.00 59 t Ls PLACE. INSTALL 3" D1A. STREET i-.IGNT CONDUIT, PULL ROPE AND PULL ? BOXES. INSTALL 1-1/1"DIA. CONDUIT ! 0 `. 3 30° 0° ` (xt0 uo o0; sa u0o Sa FROM HAND HO!_E TO STREET ts,uuo.oo .sts,ooc.uo $9,000.00 $9,noo.oo! 59,°0°.0 , . 33,300.0(1 . 5 . , . , LlGHTPERS.C.E.PLANAND SPECIFICATION, COMPLETE IN ~ E 60 + Ls PLACE I TRAFFIC SIGNAL ISODIF(CATrv;J ~ ~ j ~ ~ ' '(N/W COR. ARROW RTE. RIND ~ 175,00200 5115,000.00 5125,000.00E $125,000.001 SIZ5,000.00 547,OOG.OU~ 597,000.00 598,000.00 598,000.0° HELLr~AAN AVE.) PER PLAN, ~ ': 61 i Ls COMPLETEfNALACE 25AOO.0 azs,0uu.00 525,000,00 fiss,oco.ocj 42s,ooo.oo Sst,ooo.oo; SGt,oao.on 5as,ouo.uu 545.ooo.co G2 + 1s TRAFFIC CONTROL, S,ooo.o $a,o00.p0 Ss,000.00~~: 55,000.00 35,oco.o0 $27.ooo.ou 527,000.°0 i $BAoo.a01 $A,000.cc 63 1 LS SWPPP B!B TOTALS 3s,:.99,sz9.0o i $6x22,723.00 36,022,720.0° 56,067,000.00 $6,'171,570.00 P-68 6iU SUMM:~RY FOR RID OPi':N[NG JUNG 3, 2010 fa r3 EIELL,MA\ AVENUE MASTER PLANNED STORM DRAN\ AND STRI'sET IMP. PHASE 1 PR01119TH SL' TO SAN I3ERNARDiNO RD SLEC ENGINEERSNG COLICH &. SONS L.P. UNIT 1 HID ONIT mo RO QTY llRIT DESCRIPTION COST Ab10VNT COST A100UNT L A /N A 8/N {1NCLUDESALL REMOVALS. ° I UNCLASSIFIEDEXCAYATION/FILL 203,000. $203,000.00 5125,0(10.M I) s!zs,o00.00 .2. ~ is AND DfSPOSAL REMOVE ANO REPLACE MAR 80X ` coo, sa0o.o0 s! on.o0 szno.00 ?.. 2 Ea IN LIKE AND KIND REMOVE AND REPLACE PORTION OF AFFECTED 8RlCK PAVER IN LIKE 3,o00.oa ss,oao.oo sa,0oo.00 sa,ooo.oo 3. ~ is AND KIND SEE SHT. 27 ~ RECONSTRUCT MEDIAN 1 SLAND !N ~ LIKE ANDKlND(CAUSEDBYTHE lNSTALLATlON OF LATERAL ON i ) FOOTHILL8LV0., SEESNT.7) 9,ma.coi s9,oao.oo s:o,ooo.aof sio,ono.oo INCLUDING CURB, LANDSCAPING, ~ JRRIGATION, ETC., COMPLETElN a. f is PLACE , REMOVE EXIST. TREES, INCLUDING soo uo $s,ao0.00 $I,2oo.00 $m,noo.oo 5. D En ROOTS AND STUMP. 9U. $320.00 $200.00 $900.00 U. a Ea RELOCATE EXISTING STREET SIGNS 9G. $296,330.00 $9G.U0 E299,3a9.U0 7 sofa otvs ASPHAL7 RUBBER HOT MIX ARHM 8 eaea Sv 0.12'COLD PLANE I 2. $n,92s.o0 $IAO 8!s,oea.ao ADJUST MANHOLE TO NEW FINSHED 9co. $!i,00o.00 $aoo.oo $!o,aatoo 9 2s EA GRADE ADJUST WATER VALVE 80X, GAS sL, o ~ s9goo.co s ioo.00j sa,D0o.o0 IO zo En VALVE, VAULTANDPULL 80XES t 1 alai oNS ASPHALT CONCRETE PAVEMENT 700 s2aa,"' oo s9:.u0j 5269,599.00 3ROU S!sas!s.oo szG.ooi s!17,rsa.oo 12 a529 ONS CRUSHED AGGREGATE BASE i I REMOVE EX)ST. WROUGHT IRON ~ FENCE INCLUDING CONC. i PEDESTAL AND FILL EXISTING OPEN I CHANNEL WITH SELECTED DIRT MATERfALS AND PAVE W/TH 9,uoo. se.uca.oo ss.oao.uu ss,ooo.00 COBBLE STONE PER CITY STD. OWG. N0. 542 TO MATCH EXISTING ! IMPROVEMENTS. SEE PLAN SHT. 5 I AND SECTION ON S!-!>-. 8 AND 11. 13 f is SELE __ ______ REMOVE EXISTING PARKWAY DRAIN AND CONSTRUCT CATCH BASIN, W=90; fNCLUDING LOCAL DEPRESSIONS, CONNECTIONS AT ae ~, aao,ooo.00 $3ap00.00 s3apca0o BACK OF C.B., COMPLETE IN PLACE, PER PLAN AN6 CITY STO. OV/G NO. 300, 307, 308 AND DETAILS NOTE 21. CONSTRUCTION FOR C.B. SHALL I i a! I En FOLLO W THE STANDARD I REMOVE EXISTING CATCH BASIN AND CONSTRUCT CATCH BASfN, W=42; INCLUDING LOCAL DEPRESSIONS, CONNECTIONS, ETC. COTvfPLEYE fNPLACE, PER PLAN 27;oi>n.oo ssa,oao:oo $4a.ciio:oa ~ $'as;0o0:ob AND CITY STD. DWG NO. 300, 307, 308. CONSTRUCTION FOR C.B. SHALL FOLLOW THE STANDARD ~ i s z EA FOR W=28'. I I I CONSTRUCT CATCH BASIM, W=28', j 1NCLUD/NG LOCAL DEPRESSIONS, ' ICONNECTIONS,ETC.,COMPLETEIN j 2o,no0.oo $200,000.00 $w,noo.oo ~ s!ao,ooo.oo PLACE PER PLAN AND CITY STD. IG fo EA DWG. N0. 300, 307 AND 308 CONSTRUCT CATCH BASIN, W=21; INCLUDING LOCAL DEPRESSIONS, CONNECTIONS, ETC., COMPLETElN !s,0an. S2ai,o00.00 $!2,000.00 ; $22e,ouo.oo PLACE PER PLAN AND CITY STD. ~ 7 7 f a En DWG, N0. 300, 307 AND 308 '~ CONSTRUCT CATCHBASlN, W=14', fNCLUDING LOCAL DEPRESSIONS, CONNECTIONS, ETC., COMPLETE 1N 9,000. $5x,000.00 $9,000.OO i $3q,090.U0 PLACE PER PLAN AND CITY STD. ~ t 8 s EA DWG. N0. 300, 307 AND 308 RECONSTRUCT CATCH BASIN WITH 2 ADDITIONAL NEW GRATINGS, INCLUDING NECESSARY 9,000. $9,WO.UO $s,ooa.oo ss,ao0.oo CONNECTIONS, ETC., COMPLETE 1N l ~ I PLACE PER PLAN SHT. 7 AND CfTY i 1.9 1 EA STD. DWG. NO. 302, 306 AND 308 ~ P-69 13TD Si:11NIARY FOR 8iD (.)PENING JUNE ~, 2010 72 *' HELLM.AN AVENUE. MAS'T'ER YLA\NF.D S'CORM DRAIN AND STREET IMP. PHASE 1 TROM 9TH 5'I' TO SAN REI2VARDINU RD IiEC ENGTNEERTNG COUCH & 60NS L.P. CONSTRUCT MODIFIED SfNGLE GRATE CATCH BASIN (4'X8) PER 6,ooo.(xi $6,ooo.aD s6,DOO.oo~ s6,ooo.oo PLAN (SHT, fi} AND CITY STD. DWG. 20, 7 EA N0. 304 6 306 i ' CONSTRUCT CURB OPEMNG CR7CH ~ BASIN WITH 4-GRATE, W=14', PER t0,000.a0 $30,000.00 ' $9,000.UOi ~$9,OOD.00 PLAN (SMT. 6) AND PER CITY STD. ' 2I 7 EA DWG. NO. 302 CONSTRUCT TRANSITION , STRUGTURENO. 3 PERCITYSTD. a,aoaco sa,ooo.ao sssoo.oa, $3,500.00 ' DWG. N0. 338, D=24" DfA., 22~ ~ EA COMPLETE IN PLACE CONSTRUCT JUNCTION STRUCTURE N0.2 PL-R CITY STD DWG. N0. 331, 3,zea(ro~ $12S,33D.0a $nsoo.oo si~ssou.oo 8= VARIES (24" TO GG" D1A.) SEE I 23 39 EA PLAN _ ' _ CONSTRUCT MANHOLE N0.2 PER ~ PLAN AND CfTY STD.DWG.N0. 319, s,zoo.DO $ioG.6oo.va 5t3,nuo.oo; $164,000.00 24 73 EA COMPLETE IN PLACE . CONSTRUCT MANHOLE N0.2 PER i PLAN AND CITY STD. DWG NO. 319 i ANDlNSTALLMANHOLEFRAMEAND is,^oc.oo $ns,voo.oo s»,ooo.oo; sst,ooo.oc ~ COVER PRESSURE TYPE PER APWA 25 3 Eq STD. PLAN N0. 211-i AND 212-1 SAWCUT EXiSThtiu^ UNDL-R i ' SIDEWALK DRAIN (WIDTY, ~ VARIES)AND CONNECT 70 NEW s,6oa.oo $tGSao.oo $z,GUO.aol 57,SOO.oo CATCH BASIN PER PLAN AND 2G 3 EA DETAIL ON SHT. 8 _ CUT EXISTING CONC. RIPE, BOX OR CMP(SIZEVARlES-SEE PLAN AND 3~0~ 5t?,eoo.uc st,tao.ool sa,noo.co SECTIONS} AND CONNECT TO THE 27 4 EA NEW CATCH BASIN. ~ PUNCH fN TO EY(STING CATCH I BASIN AND CONNECT 42"LATERAL 3,ooo.(xt $6,ocD.oD sz,auo.oo S=`:600.OU COMPLETE 1N PLACE SEE PLAN 28~ 2 EA SHEETS 5 & 10 CONSTRUCT CURB AND GUTTER PER CITY 570. DWG. 104 AND PER 30.00, si9,aso.oo s3z.oo~ 520,960.00 29 6ss LF PLAN CONSTRUCT CURB RAMP TYPE fi, ~ PER A. P.W.A. STD. DWG. N0. 111-3, taoo s9,uao.oo Stt.uacc 5ts.ao~~ 30 75D 5F CASE 'A", COMPLE7EINPLACE CONSTRUCT ACCESS RAMP PER 1 CITYSTD.DWG.NO.IG2ANDPER '..2. 5t2ss2.oo ats.no $21,fi9U.00~ 31 1446 sF PLAN ~ CONSTRUCT PCC SIDEWALK PER CITY STD. DWG. NO. T01 AND iG3 TO 5. $1G,470.0U $6.UOj $19,764.Ofi 32 32aa sF MATCH EXISTING. CONSTRUC7CROSSGUTTERPER t2.oo se,fitz.vv sts.w, sa.z6s.oo 33 667 SF CITY ST'D. DWG. NO. 10&-A CONSTRUCTS"MASONRY GARDEN t80 $q7 &80.00 $F97.00 $n9,74?OD I D W G ( N L , 34 266 LF 6. 7A COLOR.. SEE PL AN NG. 60 ...._ ................ . INSTALL RIVER WASHED GRANITE COBBLESTONES PERClTYSTD, t2. 5sir>.w l $22.0o S4a6.Do ~ 35 43 sF DWG. N0. 542 i CONSTRUCT P.C.C. RETAINING 1 CURB, VARIABLE HEIGMT (G" TO 3&" 'i0.U0 o6,6gavc saz.oc'~. S~,taz.cr, 3G ni LF MAX.) PER PLAN 7 BRACING ANO SHORING PER SOILS S1,W0-UO $59,DDO.tIa ~ $iSS,DUO.oOi $1ss,oUa.CO ,REPORT RECOMMENDATIONS (SEE 37 i Ls ' SOILS REPORT SECTION 3.4) 1NSTALL114-fNCHDIAMETERRCP 9~s.oo s7,aa~sas.ou se~e.oo ktso3s3o.vn 38 1465 LF 1800 D INSTALL 102-JNCH DIAMETER RCP ~ ioc.o ~ $3G6,eoo.oo ses3.oo'':: $006,04?.ou 39 524 LF (1800D INSTALL 50-INCH DIAMETER RCP 53s.oo St,Gaa,a[,o.oo 5535.601 $1,609,460.00 40 3159 LF 1800 D INSTALL 66-INCH DIAMETER RCP 640.00 $s,izo.oo $520.00 $4,760.00': 41 8 LF 1756 D WSTALL 54-INCH DIAMETER RCP 3gc.uo $ts,aoc.oo $s2s.oo St?.3vs.oo', 42 ~ 45 LF 1750 D P-70 NID SUMMARY f0R NI- OPIiNINC JL'~6 3, 2010 !Z !) . lIELLMA\ AVEVUE MASTP.,R PLAtiYCD STORA1 DRAl1Y A\D STREET IMP. PTiASE 1 PROM 47'H S7' 1'O SAN AERN ARUINO RD XEC ENGINEERING COLICA rc SONS L.P. fNSTALI 46-WCH DIAMETER RCP sso.a s32soo~oo S3ss.oo saa,a7s.oo~ 43 Azs tF 1750 D I INSTALL 42-fNCH DIAMETER RCP zrs.o 589,93UAU Sa ls.oa': 868,670.00 44 2?s LF (1750 DJ ~ i INSTALL 36-INCH DIAMETER RCP 430.00 8335,800.OOI $275.00 $a01,5U0.00 as ?aso LF (i750 D ' fNS7ALL 24-INCH DIAMETER RCP 330.0 8A4,830.U0 $4AU.00 $64.800.00 4(i 345 LF 175() D ~ INSTALL 12.1NCHDIAMETERPVC, SCHEDULE 40, BLEEDER PIPE, j INCLUDING THE INLET AND OUTLET I3ooo Slas,eao.oo S1.7o.0ai slGO,asa.oo CONNECTIONS, FITTINGSAND ELBOV/S. PER PLAN, COMPLETE fN t 47 can tF PLACE CONSTRUCT CONCRETE COLLAR PER A. P.W.A. STD. DWG. N0. 380.3., 630.00 C7, 150.00 $700.00! 5? 700.0< 48 ?? en PIPE SIZE: VARfES 24' TO 42" REPLACE ALL EXIST. VCP SEWER ~ LINE CROSSING MAIN LINE TO 13s.a S25,GGO.oo szas.oo! SaGSw.oo DUCTILE fRON PIPE (D.LP.J W1TN E a9 :AU LF EPOXYLINlNv i PLUG EXISTING MISC. PIPES, S. D, BOXES WITH MORTAR AND BRICK PER S. B.C. F. C. D. STD. DWG. NO. Gss.uo ses9o.oo $700.00, $9,000.00 176, TYPE "B" (PIPE AND RCB SIZE 50 ?a fln VARfES:24"TO 54" • INSTALLP.C.C.PIPECLOSURETYPE I,GOO.on sa.oou.oo $asou.oo] s9co.oo "A"PER S.B.O. F. C. D. STD. DWG. NO. i 51 5 en S.P. 176 FOR 90' TO 114" RCP ___ __ CONSTRUCT SUPPORT FOR CONDUITS GROSSING TRENCHES G7n.oo s17.lonao $zao.ooi s6,oou.aa 57. 3o E;n PER CITY STD. DWG. N0. 339 CONSTRUCT BLANKET PROTECTION i PERCfrYSTAND.4RDDR.4WINGAlO. e7e~o ~Ia,72n.oo s9x,ua s!a,non,m 53 ?e (3A 340. i POTHOLEALL EXISTING UTILITIES ' ~ zo ooo oo CROSSING PROPOSED STORM zo,coo.o s2o,ooo.ao s4o,ooo.uo , . s Sa ~ is DRAIN PR10R TO EXCAVATION PLANT 24" BOX CRAPE MYRTLE ~ TREESINCLUDlNGlRRlGA7lONAND eoo.oa $2,aca.oo sl,eoo.uo~ ss,aoo.oa CONNECTIONS TO THE EXISTING ~ ss a en LINE i PLANT 5 GAL. LITTLE JOHN qS. $675.00 860.OOj 5900.00 56 ? s en EEPfNG BOTTLE 6RUSH) 57 2 En fNS7ALL CONSTRUCTION SIGNS aoo.o Ssoo.uo s ],sao.no Sa,con.ao' INSTALL INDUCTIVE LOOP DETECTORS COMPLETE IN PLACE, a3a.o 513,6A0.00 5300.00; 513,200.00 58 an ea PER PLAN TRAFFIG S/GNING,STRIPING, AND I PAVEMENTrAARKERS,COMPLETEIN 2a,olx3.ao s2a,aoo.oa $17,ooa.or; slr.aoo.oo ;9 ? Ls PLACE. WSTALL 3" D1A. STREET LIGHT ~ CONDUIT, PULL ROPE AND PULL BOXES. fNSTALL 1-fJ2" D1A. CONDUIT FROM NAND HOLE TO STREET a.aaa.ou ss,aoo.oo sa,zoo.oo sa,2w.oa LlGFiT PER' S: C. E. PLAN AND i SPECIFICATION, COMPLETE 1N 60 ~ LS PLACE TRAFFIC SIGNAL MODIFICATION I I (NrWCOR. ARROL'/R7E. AJJD 326,000.0 s34G,ooo.oo suo.ow.aa sna,two.aoi HELLMAN AVE.J PER PLAN, 61 ? Ls COMPLETElNPLACE 62 ~ ? ! s TRAFFIC CONTROL. aa,oao.oo sna,ouo.oo i sao,ooo.aol saa,ooo.oo 63 1 LS SNJPPP iG,3CU.U $36,.`•00.00 $8,000.4'Uj 5'8000.(#1 6/p TOTALS ~ $6,SS 1,318.00 I $G,fi00,9aa.80 P-71 P-72 STAFF REPORT ~- ~ %,IQGINEEIZING SL.RVTCES DI:PdRTMENI' v-' jZANCHo Date: June 16, 2010 CUCAMONGA To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark A. Steuer, Director of Engineering ServiceslCity Engineer By: Curt Billings, Associate Engineer Shelley Hayes, Assistant Enginee~.~ Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $134,084.00, TO THE LOWEST RESPONSIVE BIDDER, AMPCO CONTRACTING INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $13,408.40, FOR THE REMOVAL OF THE OLD SOUTHERN PACIFIC RAILROAD BRIDGE WEST OF BAKER AVENUE TO BE FUNDED FROM 2004 TAX ALLOCATION BOND FUNDS, ACCOUNT NO. 2660801-5650/1189660-0 RECOMMENDATION It is recommended that the Redevelopment Agency accept the bids received and award and authorize the execution of the contract in the amount of $134,084.00, to the lowest responsive bidder, Ampco Contracting Inc., and authorize the expenditure of a 10% contingency in the amount of $13,408.40, for the Removal of the Old Southern Pacific Railroad Bridge west of Baker Avenue to be funded from 2004 Tax Allocation Bond Funds, Account No. 2660801-5650/1189660-0. BACKGROUND/ANALYSIS Per previous Agency action, bids were solicited, received and opened on June 3, 2010, for the subject project. The Engineer's estimate for the base bid was $100,000.00 and is considerably lower than the bids received. However, based on the number of bids received and the close range of these bids, Staff finds the low bid reasonable. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. The scope of work consists of removal of the existing steel railroad bridge and concrete abutments in preparation for the bridge and widening improvements that will follow. The contract documents call for twenty (20) working days to complete this construction. Respectfully submitted, a.~„„ Mark A. Steuer Director of Engineering Services/City Engineer MAS/CB/SH:Is Attachments P-73 VICINITY MAP REMOVAL OF OLD §OIDTFIERN PACIFIC RAILROAD BRIDGE WEST OF BAKER AVENUE PROJECT LOCATION y y a m ~ _8 'ffi ...a7, _ U ~ .2 Almond Rd= ~ ' `' ;,'~ ' Banyan St "- ~ ~'•-~- - '~` :, _ - 18th St ""• ,il Base L'vie Rd,t- ~-' FOUttiltl BI ~ '1I Arrow _Rt Bth•$t'- ~ .. m C '.,:. Q . g '~ x x ._ ~.' _. ; a' a - ~ ~ ffi _~+ Lit .:. f -... ~ m ~.-.- _ , ~ Y = ~ o ~ r.'- 2 U ~ ' i_n T F~ ' -- m-- 'i _,.__, .. - " ... ..r~ QBtFi St .. , u~y : a. *i•.~5 9 as ~ ' > Q Q >. •~. .a. .c m ¢_ ~' t ~ m e -Ti 73 = _ ¢ x d ,~ . 4 I m - .` Wilson Av L j J~ - - _.~;. _ - ~1'f a~._r'i. Foottii11~6! Arrow Rt :.. ~. 4th St f I G a - .m c~, •- y°r ..1,O.Freeway s ~ w Route 30 Av D_7A BiD SUMMARY FOR BID OPENING JUNE 3, 2010 aPPARENttOw BIDDER + REMOVAL OF THE OLD SOUTHERN PACIFIC ENGINEER'S AMPCO CONT32ACTDIG RAILROAD BRIDGE REST OF BAKER AVE ESTIMATE INC SOUTFIWEST CONSTRVCTIOA CO IAC I D C NO QTY UNIT DESCRIPTIOR COST AMOUNT AMOVflT COST COST AAfOVRT AMOURT emove anc ispose o overcrossing slee n ge, conduits entl pipes, and Including relocating 32' $50,000.00 550,000.00 $71.000.001 371,000.00 $53,5'L0.00 553,520.00 $53,520.00 i. 7 LS section I Remove and dispose of 0" reinforced concrete 53.80 $6.201.G0 ~ $2.00. 53.264.x0 S7.D5I $11,505.601 $11.505.00 ~ slab and curbs on bridge and concrete plugs at I 2. 7632 SF each bridge comer Remove and dispose of lead pain) on bridge (Ref. Lead Test Results and Recommendations in 315,000.00 $16,000.00 I 318,000.00, 31ft.000.00 i 331,650.00 531,650.00 531,650.00 Appandiz 3. Exhibit B and Lend Abatement 1 3. 1 LS Specification in Appendix 4) 55.000.00 $5.000.00 3$,000.00; $8,000.00 $9,95&00 ~~ S9,488.00~ 59.488.00 4. 1 LS Traffic Control (See Appendix 5. Exnibit C) 5500.00) $],lHI0.00 SI,15D.DDj $2,300.00 I $950.001 S90D.00~ $900.00 5. 2 EA Advance Notification Sign (See Appendix 6) Pedestrian Detour Route. All signs and $2,500.00 $2,500.00 33,000.00!. $3,000.00 55,800.00 $S,R00,f101 $$,800.00 I barricetles to be relinquished to City a( end of job, 6. 1 LS (See Appendix 7, Exhibit D) '' Install 6' high Chain link fence per City $td. Dwg. $35.00 $3,080.00 $40.00'i $3,520.00 $40.00 53,520.001 $3,520.00 7. H6 LF No. 607/SP racing, excavation an i I ee ppen a 1, Exhibit A, Shaels 7 to 5 antl Appendix 7, Exhibit 900001 54 $4 900.00 322,000.00 322,00200 S2hs00.00 $26,500.00 $26,500.00 E) Including crushed aggregate base and erosion . , 8. 1 LS control 574250: $2,22250 $],000.(10 $3,000.00 3200.00 $600.00 $60000 9. 3 EA Remove Trees TOTAL ~ $90,909.10 $134,084.00 5343,483.60 $143,483.00 BTD SUMMARY FOR BID OPE:v'L~G JUNE 3, 2010 3 4 REMOVAL OF THE OLD SOOTHERN PACIFIC NGRSTAR PLUMBING RAILROAD BRIDGE WEST OF BAKER AVE & ENGINEERING INC STANDARD INDUSTRIES UNIT HID UNIT BU) NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT emove an ispose o overcrossing s ee bridge, conduits and pipes, and including $90,000.00 590,000.00 $106,000.00 $106,000.00 1. 1 LS reloca0ng 32' section Remove antl dispose of 8" reinforced concrete ! I slab and curbs on bridge and concrete plugs at $2.00 $3,264.00 $2.4510 1 54,000.00 2. 1632 SF each bridge corner Remove and dispose of lead paint on bridge (Ref. Lead Test Results and Recommendations $29,000.000 $29,000.00 $16,000.00 i $16,000.00 in Appendix 3, Exhibit B and Lead Abatement 3. 1 LS Specification in Appendix 4) $5,000.00 $5,000.00 $12,000.00 $12,000.00 4. 1 LS Traffc Control (See Appendix 5, Exhibit C) $750.00 $1,500.00 $550.00 $1,100.00 5. 2 EA Advance Notification Sign (See Appendix 6) Pedestrian Detour Route. All signs and barricades to be relinquished tc City at end of job. $4,&00.00 $x,800.00 $2,000.00 $2,000.00 6. 1 LS (See Appendix 7, Exhibit D) Install 6' high chain link fence per City Std. Dwg. $50.00 $4p0o.oo 539.7727 $3,500.00 7. 88 LF No.607/SP ra mg, excava wn an i ee ppen a 1 Exhibit A, Sheets 1 to 5 and Appendix 7, Exhibit E) including crushed aggregate base and erosion St5,oo0.00; 515,000.00 $10,000.00 $10,000.00 8. 1 LS control 9. 3 EA Remove Trees 5300.0001 $900.00 $1,400.00 $x,200.00 TOTAL ~ $153,664.OD $IS8,800.00 P-75 [iANCHC3 CUCAivI<)NC;A ]n'fl2E PROTEf:TtON DTSTI2It:T P-76 A~endu Cheel. 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ALBERTSQN,M[I{B 633 AF-0!1297141 5x`26r20i0 ALL CITIESTUULS 4L(16 .4P-00297163 5?26!2010 BARt2EDA,ALIG,3,g 380.00 AP-00297164 5i2G;'ZOLO IiACJERCOMPR.ESSORS 397.26 AP -00297[71 5.x2!1!2030 E3UltTON'5 F'CRF~ 1NC 953.03 AF - 00297179 5~"l6/2010 CAL[FURNTA PClL?L[C; EMPLOYIiGS 5,2:10.00 AF - Ot)'297[?9 5,'7.6;2010 CALIA?RNTA Pti$L.IC EMPLCJYEEg 2Fi3.21 AF' - 00297 i 84 52(1;'2(1 LO CARNES, SANDRA G. 112.18 AI'' - 00297185 $x'26%2010 CL4R(3UBST AU'T'O PARTS 4.43 AP - 0029? 186 5;26/2030 CARSON, DANIEL I?5.00 AG' - 00^"<97186 5/26/2010 CAR4UN, DANIEL 100.00 AP - 00297210 5/26/2010 CU~i~Ib1TR.CLAL D<7OR (:X)MPANY iNC 3_3.44 .4P-(10297219 5i2fi/2010 CUCAMONGA VAL.L.EY W'A1'EFtD[S'€R.3C"C 356.29 Al'-0029721.9 5/262010 CiJCAMONCiA VAL,L,EY'd'A'fERIJISTRICT 1x9.96 AP-00297219 5/26/2010 CUCAMt)NGA VALLEY WA1°EKDISTRTCT 27979 AP - 00297241 5/26Y2010 EMFLCJYMENT DE.VELO;PMENT DEFT. 6,294A0 .AP - {N)297277 5126%2070 WOYT LUMBER CO., SM 2053 AP - 00297377 5/26/2010 HUYT LUMBEP~ CO., SM 4.77 AP - 00397277 5/26/2010 RUYT L,UMBF.R. C.U., SM 2.94 AP - 0024?'77 726/2010 FTC)YT C.U^6BER CO., 564 9.61 AP-00397301 5/26/3010 KMEEIRBAF'PARATUS 475.80 AP -00297301 5!26/2010 KME P[RE A,PPARA"CC1S 1,38[21 A.P-003973 t3 5.%26/'2010 L(.JBffiCATTONENGFNEER.5INC 3,(47.33 AP - 00297313 5/2Fi2010 MAR[POS.A HORTICULTURAL, ENT lNC 2,555.24 AP - 0029'1318 t x262010 MARIPUSA t-LORTICUI-TTJEL',L ENT CNC 2,004.74 AP-(}0297318 52612030 MAR[POS.A T7ORT[CULTURAL ENT 1NC 33.34 AP-00297346 512('20(0 NAVARRET"(E:~DAMELJ. 525.00 AP - 00297364 SP26/2030 PF S€RVICES lNC 90.00 .N> - 60297394 5'2112010 S,4N BERNAKDINO C;UCJN`€'Y 2,278.25 AP - 00297404 5/26/2010 SU CAL1I~ GAS CUMPANY L32 ~0 AP - 00297409 5x`26/2010 SO C;A[_IF CiAS COMPANY 215.36 AP-00297417 5/26/2010 SUUTHERNCALLFORNTAED7SUN (,395.58 AP-00297417 5/26/2010 SOCJ'I'€-~ERNCALIFORNIAEDISUN k,453.18 AY-00297417 ~ 5/26/2010 SOU'CIIERNCAE,It"ORNIAED3SON 1,395.58 AP - 00297425 5/262010 STRESS Lr',SS EN'VIR.C)NM,ENT-'AL-LLf. 94x1.00 AP - 00297428 5%26/2010 TERMINIx PROCESSING CENTER 48.75 A,P - 00297423 5126!2010 'IERMINLX PROCESSING CENTER 31.00 An-00297428 Si'2G/2010 "I'ER,M,!T1,LK PRUC-'BSS[NG CE'dTER ?7.00 AP - 00297436 5/26/2010 TUBNOL€T MA3NTENANCE COMPANY LLC 976.00 AP - 00297436 5/26/2010 TCJRNOU"E' hLAINTENANCE COMPANY LLC 1,330.00 AP-00297438 5/26.7010 tJN€F[RS'i'UN[TOR,MSERV[C6 ,5[58 AP-00297438 5126/201!) CiN1FIRS'CUNTFORMSF.RVICE 84~t AP-00297438 5/2(1!2010 C1N€F[RSTUN[E'ORIViSERV(CE .SL58 .4P - 00297448 5!26/^_610 VALLEY POW ER SYSTEMS 3NC 113.21 AP - 00297th 3 5!"2Fi/2010 VERIZUN 42.91 AF-00297453 5x?6%'_010 VER(ZON 176.02 AP-0029?453 5126/20[0 VERIZON 551.60 AP - (10297453 5/26/2010 VERIZON 172.38 AP-00297453 5/26/2030 VERIZUN 36.60 AP - 00297457 5/26/2010 WALKETL ROf3ERT 175.00 AP - 00297457 5/26/2010 S3'ALKER, RC)[3E1t'T 175.00 AP - 00297~4h7 5x'2612010 WALKER, ROHERT 175.00 AP -00297469 5/26/2010 GGiNZER CORPQRA'TION 19.03 User, V LUPEZ - Vc i'ouica LoFez Vage: 1 Current Fate: 06/10/201 RePort:CK_AGENDA_ RE.G_PORTRAIT _RC-CIC:Age;ida<:heckRegisterPorb•eitLayouT T(€ne: !0:08:3 RANCHO CUC.4MONGA I+IRE PROTECTION DISTRICT P_~~ A~*enda Check Resister 5/'26./20 t 0 through 6/8120 l0 Cheek Nn. Check Date Vendor Name Amount AP-00297478 5/2720[0 A[RGAS WEST 419.71 AP-00297478 52720(0 AIRGAS WEST 79.95 AP - 00297478 5/27,'2010 AIRGAS WES'C 43.95 AP - 00297478 5/27/2010 AIRGAS WEST 101.55 AP-00297478 5!272010 AIRGAS WL^ST 58.35 .AP-00297478 5!27;2010 AIRGAS WEST 72.75 AP - 00297478 5!2712019 A[RG.AS \UEST 635.00 AP-00297478 5/27/2010 r\IR{iA.S WES'[' 51.15 AP - 00297478 5/27/2Ut0 AIRGAS WEST 14.A0 ~ AP - 00297485 5/'7.7/20 I0 EMCOR SERV""ICE 56353 AP-00297507 6/2%2010 ARROW S`GAFFING 216.00 :AP - 0029?530 6,!2/2010 CFED WEST C/O UPLAND FIRE DEPARTMENT 1,000.00 AP - 00297533 6!2/2010 CH1N0 MO\4ER AND ENGINE SEI2VCCg 180.37 AP - 00297537 C!22010 COMMERCIAL UUOR COMPANY INC 298.69 AP-00297541 6/2/2010 CROl6'1vEPLAZAHOTEL-MCSSIONVALLl?.Y iZ3.75 AP - 00297542 G/2i2010 CR.OWT~E PLAZA l{OTEI,-MISSION V.4LLF..Y ) 23.75 AP-00297544 f>/2/2010 CUCAMONGA VALLEY WATER DISTRICT 12.38 AP-(10297544 6/2./20[0 CUCAMONGA VALLEY WATER DI5'i"RLCT Ifi0.03 AP-00297547 6!2!20)0 DANIEL,ST[RESERVg;E 2.352.65 AP-(1029756"' 612/20[0 ENVIROME'[• 1,572.00 .AP-00297573 6:"3/2010 FLEET SERVICES INC. 927.9(, .AP-(10297574 61'2,'"20[0 FOR'LER; ROC~1N 4~.(i0 AP - 00297611 6!22010 LAE3 S:\PETY S(JPPLY INC 45955 AP - 0029?644 6/2,'2010 NUS"CACiROUP.COM 168.68 AP - 00297647 6'212010 OFFICE DEPOT -56.99 AP-(10297647 6R; 2010 OFFIC.EDEE'OT 3!(1.32 AP - 00297655 (i/2;^010 PF SERV fCE5 INC 354.56 :1P-110297663 6/2/20[0 QUALPCY"TRUCKLLECTRICINC 252.30 AP - 0029"630 6/2/20!0 RUSSO, 4SICHAEL 225.00 AP - 00297680 6/22010 RUSSO, MCCEhAEL 150.00 AP-00297690 6!^_2010 SIR SPEEDY 1,00[.76 AP - 00297691 6(220[0 SMART AND FINAL. 219.30 AP-00297691 6/220(0 SMART AND FINAL 30.96 AP - 00297691 6/2/2010 SMART AND FINAL 4857 AP - 00297691 6!2/2010 SM.AR'I' AND PIN.4L 239.30 AP - 00297692 6/2/2010 SO CALEF <iAS CC;MPAtdY 3:1.04 AP - 00297693 62!2010 SU CALIF GAS COMPANY 192 39 A.P - 00297692 6?2/2010 SO CALIF GAS COMPANY 80.56 AP-On29?692 61220[0 SO CALIF GASCObfPANy 277?j AP - 00297692 6/220 10 SO CALIF GAS COMPANY 192.39 AP - 00297692 6212010 SO CALIF GAS CORTPANy 76.67 AP-00297699 ti/2/20)0 SOU-1'i-IERNCAL[FORNFAF_DISON 606.04 AP - 00297699 6/2%2010 SOU'I'HEl't.N C;ALIFOP.N[A E.DISUN 1,26> °3 AP - 00297699 6/2/2010 SOUTHERN CAL.[FORNiA ED[SON 939.1 ! AP-00297718 6/2/2010 VER[ZON WLRELE-SS-LA 382.61 AP-00297718 6/2(2010 VERIZON WIRELESS-LA 64.54 AP - Cr0297718 6;'22010 \!ERIZON WIRELESS - LA 76.93 AP-U02977C8 6!2/20!0 VERCZONW[RELBSS-LA 86.47 AP - 00297718 612,'2010 VER17_ON WIRELESS - LA 92.91 AP-002977[8 6!2!2010 VERIZUNWCR.F_LESS-LA 690.67 AP-002977(8 6/2!2010 VERIZON WCRELBSS-L,A 41.4(1 AP-00297720 (,212010 VERILON 476.'_8 AP - 00297720 6/2201.0 VERIZON 476.28 AP - 00247720 6/'3•'2010 VERIZOIJ 476.28 User. VLOPEZ-VeronlcaLe ez Page: 2 Current Date: 06(!0201 Report:CK._AGENDA _REG_PORTRAI T_RC -CK: Agenda Check Re<,ister Porvait Layrour Time: IU:08:3 RANCHO CIJGIMONG h FIRE PROTECTION DISTRICT Agenda Check Resister 5;26%2010 though 6/8±2010 Check No. Check Datc VenAt3_r Name AP-00397720 613;'20tU VERI7.ON AP-00297720 fi/2/20!0 VER[ZON AP-00297720 6!2/20 i0 VER.IZON AP-0(12y7734 6/2/7.UL0 VERI7,UN AP-00397730 6l2/Z010 VERIZON AP - 00297734 6!3/20(0 ALLSTAR F[RE E('1U[i'A•fEA~T ENC P-78 .Amount a76.zs 37.70 58.09 3(i5i 3(i.SS 86~.(i6 Total Cor Check CD AP: 57,S82.U L Tntal for Entity: 57,882.0( Cttier; VLUPE7. - Vcrouica E.opaz Pa~~e: 3 Report:CK_AGEMDA_REG_PORTR,-1IT_RC - CK; Agenda Check Register PorGaic La}'out Currene Date: <t6/10(2Ui Time: 10:08:3 N rn c E U 0 U O U Y V •L r Y C N ~ O ~ ~ c m ~ o r R ~ O N w ~ ~ O O ~ O M a` ~ ° 'Q m ~ ~ Q LL O o a ci a J - -""ws '`! a t ~v"'y --~~-/' y E i m ry o 0 0 H J N m ~ N M Y S O N O I l N MI I f > O m ~ H, N vmi I ~ h I ~ R OO (V m ' ~ r YN i O~> X 0 0 ~ O N W y N ( H ^ ~ I g r M n 0 A O ~ m m p 'o a°~ °m M °o p a O N O J N O I N m Q M N ~ ~ N O H ry ~ 0 N pi N N j <N N > '° N W CI N N m. N a a W f0 1D N n r T W N M N N mm ~ „j N p~ M V ~ N m O Ni m N LL e m ui .- O M 'm 0 N J N O N Omi 0 ~ N O m 6> N$ ~i m ~ c C Cl a m N 0 O w N O O ^. N N Q ~ Oi (O m N N t C ~ N N N p p r ~" ~ C ~g J p ., U E i c S ~ c O 0 q O E P Q NGRp m q c b 8+ c LL h ~ om ~ E y ~ c a =a a VC ~ W .- U 8j y ~~ 4 o- U w g` 5 U n ~ r 0 r ~~ C m m ~ m O T ~ A ~ 0 j m - '~ u Q W p w N C~+ O ~ O a m E m ~ 16 N O > N ~ 6 m L N >, UL. ~ ' O O (6 '~ nyc ~ L O O~ W N - ~ W > ~9`m0m p c U 'L" 2 ~ O y y TO _T O ~ L U 16 C ¢~E N rn d d O N O N .S N c ~ r o ~ ~ E ~ a x O m ~ U Oma .p c c m m 10 On .L.~ U mEa° O O y v >, E cay ~s> Eat N > O U C C mL p $ m d L U 3 C N ma U C m E > >, O m ~ H U ~•J vm _ u ~ E o N na c c o;~ .~ m m U m L O -~ C L. ~ d - O ~ 2 m L i c E%c A W m pv.~ O ~-.. 6 ~ ^ v w m p~~ ~H/ m C 3 l'J m d VL' m ~ Q d ~' C TvmNj ~ C m / ~ni C r°~,C O U p y°_m~ // m ul y L'io ;~~a L ~ N m C ~"c ~._ o E_a ~'om c -QUv P-79 w a r n LL U r ` O E ~ O 61 t K o arc a ~ A O N 0 N o~ O v O o a a p ~ a m K ~ a E ~' T ~ N Y V ay+ Y y Y d ~ ~ d ~+ y ~ d N L O i+ V (6 C ~ N d r.+ O f6 y ~ p M a ' o d •c °_ y, ° o ~ ' Q ci O ~ o-~ m m r~ ~ a a m d a' a `o N N O_ O. 8 0 0 0 v <o m mm ~ O h Of ~. N N N 1~ 1D ' O O i Cl r lV tWp R Q Q m O O m f7 O .n n o n pN aNa O O pO (~ 17 O N m N N O O O O O O 0 m m m. m N O QOi O1 N M N m N N O N N Q V N A N N N CI 10 O ~Op O O C N N O O O 0 O~ l7 O b N N O O O o 0 00 pN_ QN O O O fp b O O O N N o 0 0 d o. ri of ~o 0 0 N N O N O O °o ~ O /~ ~ m O LL e m ti ~ m Z m Y n Z O V [O Z Q ~ Q (~ Z O r W ~ U m i ~ H m Z w O Q ~ W ~ $ $ Q 0~ J m U ~ i ~ ~ ~ p m j W W m J ~ ~ LL LL q 5 a V N ~ y C O. J ~ LL O ~ U a d o N O o E o y m ~ y m ~ !m C u T C u y C ~ ~ a (O/1 m Q ^o ^ W O K 2 N O d M ~ U N 9 J N IL m m °o N N ry b N m N A m N c N r 1~1 O N N A_ O h V m Q w r P-80 w a K U O £ > 3 LL' r ~ o a rc a ~ N O C O tt P-81 ~`+ K U~ O LL ~ O f A a b y~ C x Q ~ o O d N a d ~ O ~ I I I _ p m' m jp ~ O N 9~~ ° 41 ' j R ~ ~ m m 1'i 1 0 N O P n ~ m N N r m ~ t ! lh m ON1 N m N r Y ~ O O N 0 1 V ~L N C L I ~ ~ y I ~ ~ C d V G ~ m m is l6 N O > ~ m N V C ~ a ~ $ ~ O N W ~ O~LpM N a ° ° a • _ - ° a :' ~ . , ° ° o ' a a v ~ s ~ n o m m ~ o p1 U ~ m 0 ~ N A Qm 1 ~ 3 e z O LL J Q U O m $ 6 » ~ Y ¢ m p E _ m m m ~ z O m m 5 z ~ i °c 6 m C N i! ', m U C m C ~ O f O '= a S c I Y u m t O O c ri n ' w o VI W f~ ~ d f J ~ N x ~~ A ' o ~ > a o a, c a m o d rc a ~ n cu 9 q rv~ m o°o°o N 'CrI N W q m H O OI ~ p O O N O N T y N i O? N N ~ m P G j0 ~; O O O O O~ O~ O O O O O O O O n'~° E9 o 0 o of o mt 03 °m o m 0 m 0 I O m 9 W O m N N m I~ m pn N M V r O N t d ~G O ~ O N Yl M N M tO ry W N y O ~ M R m o ry N N N N O p~ T Q ::. t6 ~ t d f~0 m 3 Y O ~ V O p q / YL .O •~ M U O m d ~ _ O v ~ ~+ Q O G ~ LL O N c c5 0- ~ = m q ~ O O N LL ~V y fl. Q c u E n ~ ~i, ~ m ~ °o, ~ m n c~ z m r z o v G w "' o e w z y o LL 2 U } ' ^ E w S I E ¢ a c ~ t/1 ¢ N E ~ ~ N m Z N N ~ m ~, < p N L C p t Z ~ O ~ ~ ~ ~ C C _ .N QC ~+ m E ~ LL ~ o O ~ b ~ C p ° O O Q N O ° U ; E o o ~ y ~ N ~ m > ~ ~ ;Y ~ u N a o r c ~ L 'U C m 0 w ~o a o ~ o m ~ A J o ~ m R °o N ~m 0 ' U t /1 LL ~ P-83 State of California Pooled Money Investment Account Market Valuation 3/31/2010 CarrymgCostst?lus ". ~L,~: ~ ~ ` -n ~ ~,; ~: "" ~ ~ ~ ; Description ~Accived~InterestPurch .`; ~''Amortized.Cost~:<i '~FairValue, N 'Accrued'Interestl. United States Treasu Bills $ 22,117,20D,379.93 $ 22.151,765,333.35 $ 22,162,576,550.00 NA Notes $ 8,452,020,143.48 $ 8,451,181,483.46 $ 8,474,379,500.00 $ 26.661,282.00 Federal A enc SBA 5 555,726,851.61 $ 555,717,973.09 $ 548,069,367.58 $ 600,736.78 MBS-REMICs $ 622,263,011.50 $ 822,263,011.50 $ 869,244,504.79 $ 3,903,500.61 Debentures $ 1,209,383,439.78 $ 1,209,383,439.78 $ 1,214,140,480.00 $ 11,195,147.88 Debentures FR $ 400,000,000.00 $ 400.000,000.00 $ 400,058,000.00 $ 51,196.44 Discount Notes $ 7,414,113,502.50 $ 7,424,994,088.81 $ 7,427,967,500.00 NA FHLMC PC $ $ $ $ GNMA $ 98,647.66 $ 98,fi47.66 $ 109.991.76 $ 971.39 IBRD Deb FR $ 300,000.000.00 $ 300,000,000.00 $ 300,714,000.00 $ 260,634.00 CDs and YCDs FR $ $ $ - $ - Bank Notes $ $ $ - $ - CDs and YCDs $ 7,550,047.500.90 $ 7,550.038.167.57 $ 7,550,160,392.50 $ 2,499,671.74 Commercial Pa er $ 4,821,125,738.34 $ 4,827,777,031.37 $ 4,821.754,787.77 NA Co orate: Bonds FR $ 125,184,760.48 $ 125.184,760.48 $ 125,041,750.00 S 24,005.58 Bonds $ $ $ - $ Re urchaseA reements $ $ $ ~ Reverse Re urchase $ - $ - $ $ Time De osits $ 4.052,640,000.00 $ 4,052.640,000.00 $ 4,052,640,000.00 NA NOW Account $ $ $ NA AB 55 & GF Loans $ 11,286,774,939.92 $ 11,286,774.939.92 $ 11,286,774,939.92 NA TOTAL $ 69,106,578,916.10 $ 69,151,818,876.98 $ 69,233,631.764.32 $ 45,197.085.82 Fair Value Including Accrued Interest $ 69,278,828,850.14 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). The value of each participating dollar equals the fair value divided by the amortized cost (1.001183091). As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $20,023,661.82 or $20,000,000.00 x 1.001183091. m OI E U U L U 0 T U V N ~ ~ m ~ o 0 ~ C G M ~ Gy t O ~ O t+~ a` •°- o ~ ~ ~ ~ oa v ~- ~' ~ + ^r. ~'> Q N M 7 P O n O ~+ T~ O 0 Ih O NI h d H N O N O N m t- 1 r v i N N 0 ~ ~ O N O r PI' ~ I' r l O' , M I N O i 6 o ~ m°q e Om O O O b cr) p of O N N O N 6 N O H n! C! W N 0 0 m a 0 M 0 O N m ~ d ~ N N f ~ ~ v m ~ m o ~ ~ M N O M vi ~ N ~' ~ ' 0 ~ N _ N O N a A ~ ~ o M ~ N N - O N O 0 m m ~ tti tG N I N T N C m ., ~ o C o $ E LL ~ U ~ N W ~ 1 n m p 0~4 C ~ m a ~ ~ ~~ w _ c m ° ' c U a9i a c rn ¢ a ~ rE ~ ~ C U ry N o m O a~ ~ N I U ab H m h C Y m O O a m E '-° m mN o 1 m a N~ m v m O ~ p O m C C L O m~ m E ~ N d `1 > Y .~. O C .- ~ C n ~ O y umi T O _T ~ C O O m C E E N O) m m O m 'S N L Ui C C n O m E ~ ~ o x O N N V K ~ Oma c c m m n5 u 0 O N O mmd TE U O m E n 2° ~ 'c a y m'S > w n ~~ ~I r ~ O m N N ~ ~ m C~'U ~! m r yL O N N r V m y m m~ Y: v L' ':° r m N 3 c ~' m v T`u c m` m LL'I € ~ O ~ ~ m U w m $aL 5 'o .- m ¢a ~ ~~ ~ ~ ~ N y 9 C C > n N ._ O -~v e m E d OI C N Of m d N d ~L N p Oi m r > c Q N N Oi C~ m y L ~ ~ m p C ~ ~ d N O m o. c .yN. U mLL E l y ~ n ~>`- ~ ; - c c m ~ m N U U L U ~' m Q m C ~ '' 01 E C N C ~ m m ~ y C N m m ~ T 1J O O~ m m O ~ mpg 6 fD V ~ m fn d O ~` w m O I c ~ q m _ >_ j m W > w m ~ > r y ,Zc ` 3 m ~ m o r~ 0 H U Q W ~ Q U a P-84 K U `~ l1 o u > O i C K o a¢ a ~ a 0 N M N 0 O O N O U N N, O o d c m ~ ¢ D m 5 ~ w a f P T 0 a a R H V iyA ~ Y y Y ~ C Q ~ Y E y c 0 m ~ ~ C o r ~ V C ~ Q N a. r O ~ W ~ '~ ~ ~"~ . a ~ d R ~ ~ LL ,C o m= cz O ar e° ~ a a' d~ N q Q (~ i o 0 N N O N m A o n n n m b O O O COJ N tmV b b b c o w .~ m m 10 9 ¢ Q O O O m M o b n a m N Ny O O O P „ O ~O[I b N_ N O O O O N W m m o m m N N O m m t+i ri M N N b O O O N N O O pO h h r I~ b N N W m n b b ~'J m m O O O N N O O O M 17 b p pN eN O O O m M O O O N N O O O q bq S O O N N i ~ O_ O rl i m m 0 0 N O O N ~- N 0 0 ~ 8 ~ W N ~ 1~ O ~ 0 0 LL N r m m Z ni Y h W a z m `^ N ~ W Q ¢ Z O r E ? a S Z ~ ¢ Q QJ ~ Q LL' ¢ ¢ a w w a O m w w a J q LL LL q O O a a a W O N C '; IL O U m c N a N o 0 o W m ~ u a > - C T T O u ~ c °' W ~ Q w ~ Q o w m ~ _ g y x m o i v J N LL m m P M N N 0 N ei N m b N m W b m b N m N N W b m m A 7 Q a a m O 1-~ P-85 w a K U~ ~- LL O ~ > o ai `c ¢ o n c a s` d v rc P-86 „~ ua~ ~ U ~ m W d LL ~ a o LLi °D' m o e n~ O m ° d a f rv 0 n °N 8 a 0 f ~~ r R N 9~ ° N ~ i m r y m P m O 8 `° m : I f a o _ m m f m ~ a o n a n ri x m ~ T y C w p m R ~ c a i V o O o~ ~ ~ ~ m . y N y 0 V C N ~ a n ~ o °m C ~ ~ M r ,~ aoo„ d o o ~ LL ~ ~ c ° mg ° w 8 a a V e d e o d m j o OI V A C A O O r pl N y m am m e b g N m _ LL J Q U LL o ~ 9 ~ Y QZ q ~ m ¢S m w 2 ~ m m a - Z J i c Q m L m a i u C E I ~ ~ Q ° > c ' u .Q N o m ~ C o ly- i u o L ~ ~ ~ N O d y a N U ' d N C ~~~: N LL O ~ > a o a, ~ ~ ~ O 6 ¢ a I I F a C U N m O ~ 9 q W N O] ~ N N N ^~ A O m gj O M W O O W !) jQ O I O pp 0 I I 0 ".". y O 6 E p O C O P ~ ~ E a aJ N n N T n O `' N b ? ~ > I O ~ i ^~ ~ o o O O o O ~ ~ O O I O O O O ~ r+ ~ V a O ° ° g N r ~ o ~ o N ~ w+ N y M ~ ~ d T I O Of ~` ~ H d fC0 [0 7 w ~ 0 T c a 0 a . ~ a.o~> w a m ~° d o u ~ Q ~ Il N 0 o c I / U LV r 0 q ~ N O N O I // 1L ~ N Z rnm c u c m O rv ~ m m n g i m Vim. m . Z LL rrv c m ~ v i a. rv El N ~, I m N N ~ i w ? U Z LL E o ~ E z o ' o a ~ a E n X a N T ~ G N I y Z O y ~ H N L p I T t Z q C O J ~ ~ i tt C G ... YS I C O 6 a ~ LL C ~ m ~ ~ C c g ~ u Q N c °o i U N - b ~ ~ ~ ~ O N ~ ~o i C y U ' T a A ~ L U C m ~ O~ O Q a <_ ~p a o I ~ o N ti O N U J N /~ N y ~ L N d t ¢ P-88 State of California Pooled Money Investment Account Market Valuation 04/30/10 v ~ ~` Carrying Cost Plus ,,, _ t ~ x,_ ~ G ~;, ~k Descnptton -Accrued Interest Purch ~ ~ _ ~Falr Value -~ ~ ~Acciued=Interest i United States Treasu Bills $ 25,752,705,282.70 $ 25,806,814,950.00 NA Notes $ 7,851,743,767.10 $ 7,883,934,500.00 $ 25,988,441.5D FederalA enc SBA $ 565,745,649.33 $ 558,750,789.88 $ 613,674.D5 MBS-REMICs $ 779,875,366.51 $ 829,810,596.81 $ 3,699,499.74 Debentures $ 1,208,382,395.51 $ 1,211,754,040.00 $ 14,118,688.74 Debentures FR $ 400,D00,000.00 $ 400,032,000.DO $ 97,748.12 Discount Notes $ 6,439,727,752.50 $ 6,453,363,000.00 NA GNMA $ 77,321.00 $ 86,000.80 $ 765.23 IBRD Deb FR $ 300,000,000.00 $ 300.723,000.00 $ 22,532.50 CDs and YCDs FR $ - $ - $ - Bank Notes $ 300,000,000.00 $ 299,994,834.D0 $ 4,166.67 CDs and YCDs $ 8,625,035,457.67 $ 8,624,774,217.D0 $ 3,627,243.05 Commercial Pa er $ 8,294,933,059.92 $ 6,295,711,124.44 NA Co orate: Bonds FR $ 125,119,550.90 $ 124,999,250.00 $ 55.216.42 Bonds $ - $ - $ - Re urchase A reements $ - $ - NA Reverse Repurchase $ - $ - $ - Time De osits $ 4,062,640,000.00 $ 4,062.640,000.00 NA AB 55 & GF Loans $ 8,903,297,494.92 $ 8,903.297,494.92 NA TOTAL $ 73,609.283,098.06 $ 73,756,685,797.85 $ 48,227,976.02 Fair Value Including Accrued Interest $ 73,804,913,773.87 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). STAFF REPORT RANCHO CL'CAMONGA TIRE PROTECTION DISTRICT' Date: June 16, 2010 To: President and Members of the Board of Directors Jack Lam, AICP, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II P-89 ~~ l~ RANCHO C,UCAMONGA Subject: APPROVAL OF A RESOLUTION ADOPTING THE ANNEXATION MAP SHOWING ASSESSOR PARCEL NUMBER (APN) 1062-321-35 (ALFONSO & KAY CARRILLO, ' OWNERS), LOCATED ON THE NORTHWEST CORNER OF PERIDOT AVE. AND BANYAN ST. (6086 PERIDOT AVE.) INTO COMMUNITY FACILITIES DISTRICT (CFD) NO. 88-1 RECOMRflENDATION It is recommended that the Fire Board of Directors approve the attached resolution adopting the Annexation Map No. 88-10-2 showing property (located at 6086 Peridot Ave proposed to be annexed into Community Facilities District (CFD) No. 88-1. Alfonso & Kay Carrillo, owners of certain property (APN 1062-321-35) located within the Fire Protection District, are conditioned to annex into CFD No. 88-1. In order to initiate formal proceedings to annex the referenced parcels into CFD No. 88-1, a Resolution adopting an annexation map is presented for Board consideration and approval. The Annexation Map (Exhibit "A") illustrates the territory proposed to be annexed. The territory is inclusive of the entire development project proposed by the owner. Respec .ijj submitted, Mike Bell Fire Chief Attachments: Resolution Map EXHIBIT 'A' SHEET 1 OF 1 ~ ANNEXATION MAP 88-10-2 OF I COMMUNITY FACILITIES DISTRICT NO 88-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA I I I ASSESSOR PARCEL NUMBER o i 1062-321-35 ~ a BANYAN ST I NOTE: THIS ANNE%ATION MAP SNALL GOVERN FOR ALL DETAILS AS TO THE E%TENT OF THE TERRROftY ANNEXED TO THE ABOVE REFERENCED COMMUNITY FACILRIE9 DISTRICT ~ RANCHO CUCAMONGA FIRE PROTECTION DISTRICT CERTIFICATION u ~ ~ I FILED IN THE OFFICE OF THE 6ECRETARYOFTHE RANCHO LUCAMONOA r~m~ FIRE PROTECTION DISTRICT. CALIFORNU\. THIS_pAV__1010 1 inch equals 30 feet ~ LEGAL DESCRIPTION: assr. secRETARr ASSESSOR PARCEL NUMBER I RANCHD CUCAMONGA FIRE PROTECTION WSTRICT STATE OF CAIIFORNUI 1062-421-35 I I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING BOUNDARIEg OF LOT 200E TRACT NO. 9221, IN THE CITY OF TERRRORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILRIES RANCHO CUCAMONGA IN THE COUNTY OF SAN pISTRICT NO, eg-t OF THE RANCHO CUCAMONGA FlRE PROTECTON BERNAROINO, STATE OF CALIF00.NIA, AS PER DISTRICT, COUNTY OF gAN BERNAROINO, STATE OF CALIFORNIA WAg MAP RECORDED IN BOOK 132, PAGE(S) 01 TO 00 APPROVED BYTHE BOARD Of DIRECTORS OF SUCH FlRE PROTECTION INCWgIVE, OF MAPS, IN THE OFFICE OFTHE DISTRICT ATA REGULAR MEETING THEREOF, HELD ON COUNtt RECORDER OF S/UD COUNTY. DAY OF 2010, BY ITS RESOLUTION NO. THE ___ N N C D THIS ANNE%AT10N MAP AMENDg THE BOUNDARY MAP FOR I LOMMUNITV FACILITIES DIBTAICT NO. gg-1 OF THE RANCHO CUCAMONGA THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER THIS FlRE PROTECTION DISTRICT. COUNTY OF gAN BERNARDINO, STATE OF pAY OF 20t0, AT _M.IN BOOK_OF MAPS OF CALIFORNIA, PRIOR RECORDED ON___Ai BOOK___OF AgSEggMENTANO COMMVNRY FACILMIES pISTRICTS AT PAGE_AT MAPg OF ASSESSMENT ANO COMMUNITY FACILITIEg DISTRICTg,AT THE REpUESi DF. PAGE ,IN THE OFFICE Oi THE COUNtt RELOROE0. FOR IN THE AMOUNT OFE THE COUNTY OF SAN BERNAROINO, CALIFORNIA. LARRY WALKER AUDITORICONTROLLERJtECORDER COUNTY OF BAN BERNARDINO STATE OF CALIFORNIA BY;____ ASST. SECRETARY I RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STATE OF CALIFORNIA DEPUTY RECORDER I -so P-91 RESOLUTION NO. FD 10- Oa~ 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. 88-10-2) 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. 88-10-2 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 atl 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 gnnex 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. Resolution No. FD 10- Page 2 PASSED, APPROVED and ADOPTED this day of , 2010. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., President ATTEST: Janice C. Reynolds, Secretary 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 _ day of 2010. Executed this _ day of 2010 at Rancho Cucamonga, California. P-92 Janice C. Reynolds, Secretary P-93 STAFF REPORT Rr1NCH0 CliCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: June 16, 2010 L;UCAMONGA To: President and Members of the Board of Directors Jack Lam, AICP, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II Subject: APPROVAL TO ADOPTARESOLU110NOFINTENTIONTOANNEXTERRITORYREFERREDTO AS ANNEXATION NO.88-10-2 (APN:106232135; ALFONSO & KAY CARRILLO, OWNERS) INTO COMMUNITY FACILITIES DISTRICT NO.88-1, SPECIFYING SERVICES PROPOSED TO BE FlNANCED, TO SET AND SPECIFYTHE SPECIALTAXES PROPOSED TO BE LEVIED WfTHIN THE ANNEXATION 11?RRRORYAND SET ATIME AND PLACE FORA PUBLIC HEARING RELATED TO11iEANNEXATiON RECOMMENDATION Adoption of a Resolution of Intention to Annex Territory referred to as Annexation No. 88- 10-2 into Community Facilities District No. 88-1 (the "District"), 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 to set a time and place for a public hearing regarding the annexation. BACKGROUND Alfonso & Kay Carrillo, owners of certain property (APN 1062-321-35) within the Fire Protection District (the "Territory"), is conditioned by the City and Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 88-1 to satisfy fire protection service mitigation impacts. In order to initiate formal annexation proceedings, the Fire Board is being asked fo adopt a resolution approving an annexation map of the territory proposed to be annexed and a Resolution of Intention to Annex. The Resolution of Intention generally sets forth: (a) the District's intention to annex the Territory to the District; (b) the facilities and services which will, in part, be financed (Exhibit "A" of said Resolution) through the levy of the special tax on the Territory if annexed; (c) the rate and method of apportionment of the proposed special tax (Exhibit "B" of said Resolution); (d) the date, time and location of the public hearing set for July 21, 2010 and (e) election requirements. The resolution is considered to be routine and non-controversial, as the property owners are in support of the annexation procedure. On July 21, 2010, there will be a public hearing for public inpuUconcerns on this matter. P-94 RESOLUTION OF INTENI']ON TO ANNE TUNE IG.2010 The resolution is considered to be routine and non-controversial, as the property owners are in support of the annexation procedure. On July 21, 2010, there will be a public hearing for public input/concerns on this matter. Respec Ily submitted, ~,~~ Mike Bell Fire Chief Attachment P-95 . RESOLUTION NO. FD 10- Oaf 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- 10-2) 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. 88-10-2 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, which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings; and WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of Intention to annex the Territory to District, to describe the territory included within 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: RECITALS SECTION 1: The above recitals are all true and correct. LEGAL AUTHORITY SECTION 2: These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. INTENTION TO ANNEX• DESCRIPTION OF TERRITORY AND THE DISTRICT SECTION 3. This legislative body 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: P-96 Resolution No. 10- Page -2- 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 this legislative body, 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 maps of the original District and the territories subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the original District. 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. SERVICES AND FACILITIES AUTHORIZED TO BE FINANCED BY THE DISTRICT SECTION 4: 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 as the performance by employees of functions, operations, maintenance, and repair activities in order to provide fire protection and suppression services to the territory within the existing District. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the Services. The services proposed to be provided within the Territory and to be financed by the District from the proceeds of special taxes levied within Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference (the "Services"). If and to the extent feasible the services shall be provided in common within the existing District and the Territory. The facilities that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as (a) the acquisition of land for fire stations, (b) design and construction of fire stations and (c) purchase and acquisition of fire suppression apparatus and equipment. The facilities proposed to be financed by the District from the proceeds of special taxes levied in the Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference. If and to the extent that it is feasible the facilities shall be provided in common for the existing District and the Territory. P-97 Resolution No. 10- Page -3- SPECIAL TAXES SECTION 5: 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, 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 B (the "Special Tax Formula"), which is attached hereto and incorporated herein by this reference and which sets forth insufficient 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 Treasurer of 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 satisfed 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. P-98 Resolution No. 10- Page -4- PUBLIC HEARING SECTION 6: NOTICE IS GIVEN THAT ON THE 21st DAY OF JULY 2010, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY 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 INTENTION. AT SUCH PUBLIC HEARING, 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. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. 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 SECRETARY PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. P-99 Resolution No. 10- Page -5- MAJORITY PROTEST SECTION 7: If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (5) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in the District, or (d)owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to the District 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. ELECTION SECTION 8: Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, 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. NOTICE SECTION 9: Notice of the time and place of the public hearing shall be given by the Secretary by publication 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. P-100 Resolution No. 10- Page -ti- PASSED, APPROVED and ADOPTED this _ day of , 2010. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., President ATTEST: Janice C. Reynolds, Secretary 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 _ day of 2010. Executed this day of 2010, at Rancho Cucamonga, California Janice C. Reynolds, Secretary P-101 Resolution No. 10- Page -7- EXHIBIT 'A' COMMUNITY FACILITIES DISTRICT NO. 88-1 DESCRIPTION OF THE SERVICES AND FACILITIES The Services. If 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 pertormance 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 fre 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. P-102 Resolution No. 10- Page -8- EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 88-1 ANNEXATION NO. 88-10-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FISCAL YEAR 2009110 TAXING CLASSIFICATION 1. DEVELOPED PROPERTY A. Residential Class I (more than 3590 SF) B. Residential Class II (3077 to 3589 SF) C. Residential Class III (2564 to 3076 SF) D. Residential Class IV (2308 to 2563 SF) E. Residential Class V (2051 to 2307 SF) F. Residential Class VI (1795 to 2050 SF) G. Residential Class VII (less than 1795 SF) Commercial/Industrial Property 2. APPROVED PROPERTY 3. VACANT PROPERTY SF =Square Feet SPECIAL TAX LEVY FISCAL YEAR 2009/10 $447.49 $344.89 $274.43 $239.82 $207.66 $189.14 $170.58 $688.54 per acre or $0.061 per square foot or building area, whichever is greater. $200.00 per lot or parcel $10.00 per acre STAFF REPORT ADMINISTRATIVE SERVICES DEPARTMENT Date: June 16, 2010 To: President and Members of the Board of Directors Jack Lam, AICP, City Manager From: John R. Gillison, Assistant City Mana~---,CV9 By: Chris Paxton, Human Resources Director P-103 '.. ~ ~~ RANCHO C,UCAMONGA Subject: APPROVAL OF A RESOLUTION ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND THE FIRE MANAGEMENT EMPLOYEE GROUP FOR FISCAL YEAR 2010-11 RECOMMENDATION It is recommended that the Rancho Cucamonga Fire Protection District Board of Directors adopt the attached Resolution, enacting the Memorandum of Understanding between the Fire District and the Fire Management Employee Group for the period beginning July 1, 2010 through June 30, 2011. BACKGROUND Representatives of the Fire District and the Fire Management Employee Group have met and conferred in good faith and reached an agreement for a one (1) year labor contract that covers the period beginning July 1, 2010 through June 30, 2011. The attached Memorandum of Understanding is the aforementioned Tabor contract and implements the negotiated provisions for Fiscal Year 2010-11. In recognition of the current economic conditions in the State of California, and the fiscal challenges facing all local agencies, including the Rancho Cucamonga Fire Protection District, this memorandum provides for no increase in salaries or health care costs during the contract period. Attachments 1. Resolution Enacting 2010-11 Fire Management Employee Group MOU 2. 2010-11 Fire Management Employee Group MOU P-104 RESOLUTION NO. FD ID•Da l.c A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE FIRE MANAGEMENT EMPLOYEE GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2010-11. A. B. RECITALS Representatives of the Rancho Cucamonga Fire Protection District ("District": hereinafter) and the Fire Management Employee Group have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to wages, benefits and other terms and conditions of employment. Representatives of the District and the Fire Management Employee Group have agreed upon and presented to this Board a Memorandum of Understanding pertaining to the Fire Management Employee Group effective, July 1, 2010 specifying the results of said meet and confer process. All legal prerequisites to the adoption of this Resolution have occurred. RESOLUTION NOW THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District of the City of Rancho Cucamonga, California, does hereby find, determine and resolve as follows: 1. In all respects, as set forth in the Recitals, Part A of this Resolution. 2. The attached Memorandum of Understanding entered into by and between District representatives and the Fire Management Employee Group representatives for Fiscal Year 2010-11 effective July 1, 2010 hereby is approved and ratified by the Board of Directors. 3. The Secretary shall certify to the adoption of this resolution. PASSED, APROVED AND ADOPTED this day of , 2010. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, MD, President ATTEST: Janice Reynolds, Secretary P-105 I, JANICE 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 Meeting of said Board held on the day of , 2010. Executed this day of 2010 at Rancho Cucamonga, California. Janice Reynolds, Secretary P-106 MEMORANDUM OF UNDERSTANDING RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT FIRE MANAGEMENT EMPLOYEES BARGAINING GROUP 2010-2011 P-107 TABLE OF CONTENTS Page PREAMBLE .....................................................................................................................3 ARTICLE I RECOGNITION .............................................................................................3 ARTICLE II COMPENSATION ........................................................................................3 § 1 Salary Ranges ...................................................................................................3 § 2 Salary Plan ........................................................... .............................................3 A. Salary Ranaes ................................................. .............................................3 B. Deferred Compensation ................................... .............................................6 § 3 Work Periods and Overtime ................................. ..................................:..........6 A. Work Periods ................................................... .............................................6 B. Work Shifts ...................................................... .............................................7 C. Flex Time ......................................................... .............................................7 D. 4/10 Schedule .................................................. .............................................7 E. Overtime Pay ................................................... .............................................7 F. Call Back .......................................................... .............................................8 § 4 Uniform Allowance ................................................ .............................................8 § 5 Employee Group Insurance .................................. .............................................8 A. Health Insurance .............................................. .............................................9 B. Dental Insurance .............................................. .............................................9 C. Vision Insurance .............................................. .............................................9 D. Life Insurance .................................................. .............................................9 § 6 Tuition Reimbursement ........................................ .............................................9 § 7 Retirement Plan .................................................... ......................................... 10 A. Benefits ............................................................ ...........................................10 § 8 Work Related Injuries ......................................................................:...............11 ARTICLE III LEAVES ........................................................... ..........................................12 § 1 Holidays ................................................................. ..........................................12 § 2 Holiday Facility Closure ......................................... ..........................................13 § 3 Vacation Leave ...................................................... ..........................................14 § 4 Sick Leave ............................................................. ..........................................15 A. Full-time Employees ......................................... ..........................................15 § 5 Conversion Factor ................................................. ..........................................16 § 6 Personal Leave ...................................................... ..........................................17 § 7 Bereavement Leave .............................................. ..........................................17 A. 40-hour Personnel ............................................ ..........................................17 B. Shift Personnel .................................................. ..........................................18 Fire MEG MOU FINAL 20i0.2011.0609f0.doc P-108 C. Immediate family is defined as :........................................ ...........................18 § 8 Compensatory Time ............................................................. ...........................18 § 9 Administrative Leave ............................................................ ...........................18 § 10 Military Leave ...................................................................... ...........................18 § 11 Jury Duty ............................................................................ ...........................19 § 12 Civil Subpoena/Criminal Subpoena .................................... ...........................19 B. Criminal Subpoena .......................................................... ...........................20 § 13 Leaves of Absence without Pay .......................................... ...........................20 ARTICLE IV GRIEVANCE PROCEDURE .......................................... ...........................21 § 1 Purpose ............................................................................ ...........................21 ARTICLE VI SAFETY ........................................................................ ...........................25 § 1 Compliance ........................................................................... ...........................25 § 2 No Discrimination ................................................................. ...........................25 § 3 Safety Equipment ................................................................. ...........................25 § 4 Employee Responsibility ....................................................... ...........................25 § 5 Smoking Policy ..................................................................... ...........................26 ARTICLE VII MANAGEMENT RIGHTS ............................................. ...........................26 § 1 Scope of Rights ................................................................ ...........................26 § 2 Emergency Conditions ...................................................... ...........................26 ARTICLE XII NEGOTIATION OF SUCCESSOR MOU ...................... ...........................28 Fire MEG MOU FINAL 2010.2011.0609f0.doc P-109 PREAMBLE This Memorandum of Understanding ("MOU" hereinafter) is made and entered into by and between the Rancho Cucamonga Fire Protection District ("DistricP' hereinafter), and the Rancho Cucamonga Fire Protection District Fire Management Employees Bargaining Group ("Fire MEG" hereinafter). The terms and conditions contained in this MOU are applicable to all full-time employees within this unit and contain the complete results of negotiations concerning wages, hours and other terms and conditions of employment for said employees represented herein. ARTICLE I RECOGNITION A. Pursuant to the provisions of existing rules and regulations and applicable State law, District hereby acknowledges Fire MEG as the exclusive recognized employee organization for the representation unit, which includes all management employees of District (excluding the Fire Chief), who are employed on a full-time basis. The classes represented include Fire Deputy Chief and Fire Battalion Chief. B. Fire A9EG dies not represent the classification of Fire Chief. However, all rights and benefits contained in this Memorandum of Understanding shall be extended to the Fire Chief to preclude the necessity for a separate agreement between the Fire Chief and the Fire District. ARTICLE II COMPENSATION § 1 Salary Ranges A. There shall be no cost of living Increase during the term of this MOU. B. Survey Cities: Fire MEG and District agree that the survey cities shall be the cities of West Covina, Corona, Ontario, Riverside, San Bernardino City, Pasadena and Chino Valley Fire District. No later than February 1st of each year, a survey of the identified labor market cities will be completed, reviewed by Fire MEG and District, and used as the comparison basis for any negotiations regarding market equity adjustment and cost of living adjustment. C. During the term of this MOU, the salary ranges shall be those as set forth the salary schedule adopted by the District § 2 Salarv Plan A. Salary Ranges The base salary for the Fire Chief and Deputy Fire Chief shall consist of ranges having six (6) steps, labeled A through F, with approximately five percent (5%) between each step. The base salary for Battalion Chiefs shall consist of ranges having five (5) steps, labeled A through E, with approximately five percent (5%) between each step. Placement withih the range shall be in accordance with the following: Flre MEG MOU FINAi 2010-2011.060910.doc P-110 1. Salary on Appointment New employees shall be compensated at Step "A" of the salary range to which their class is allocated. If unusual recruitment difficulties are encountered or a candidate is exceptionally well qualified, appointment at a higher step in the salary range may be authorized by the Fire Chief. Merit Salary Adjustments Advancement within a salary range shall not be automatic, but shall be based upon job performance and granted only on the recommendation of the employee's supervisor and approval of the Fire Chief. Employees shall be considered for merit salary increases in accordance with the following: a. Employees who are placed at Step A upon original employment, reinstatement, or promotion are eligible for a merit salary review after six (6) months of service. Subsequent merit salary review dates shall fall upon the completion of twelve (12) month service intervals. b. Employees who are placed at Step B or above upon original employment, reinstatement, or promotion shall be eligible for a merit salary review after twelve (12) months of service. Subsequent review dates shall fall upon the completion of twelve (12) month service intervals. c. The granting of an official leave of absence of more than thirty (30) continuous calendar days, other than military leave, shall cause the employee's merit salary review date to be extended the number of calendar days the employee was on leave. d. If, in the supervisor's judgment, the employee's performance does not justify a salary increase on the review date, the employee shall be reevaluated before the expiration of six (6) months dating from the employee's review date. If the period of postponement exceeds three (3) months and the employee receives a salary increase, the employee shall be assigned a new review date based on the date the increase was granted. e. Authorized salary step increases shall become effective at the beginning of the pay period nearest the employee's review date. f. Should an employee's review date be overlooked, and upon discovery of the error, if the employee is recommended for a salary increase, the employee shall receive a supplemental payment compensating him or herforthe additional salarythe employee would have received had the increase been granted at the appropriate time. g. The normal merit salary increase shall be one (1) step granted in accordance with the preceding. However, to reward outstanding achievement and performance, the Fire Chief may grant one (1) additional step increase not to exceed one (1) step in any six (6) month period. h. In order to address a situation wherein application of this section would result in the inequitable treatment of employees and upon the recommendation of the Fire Chief and approval of the Board, an employee may be placed at any step in the salary range for his or her class. Fire MEG MOU F/NAL 2010-2011.060910. doc P-111 3. Salary on Promotion An employee, who is promoted to a position in a class with a higher salary range than the class in which he or she formerly occupied a position, shall receive the nearest higher monthly salary in the higher salary range that would constitute a minimum five percent (5%) salary increase over his or her base salary rate, provided that no employee may receive a rate in excess of Step E of the promotional class. If the promotion occurs within sixty (60) days of a scheduled merit salary review date, the employee shall receive the merit increase (if otherwise entitled to it) and the promotional increase concurrently. The employee shall be given a new merit salary review date for purposes of future salary step advancement. The new date shall be based upon the effective date of the promotion. 4. Salary on Demotion An employee who is demoted to a position in a class with a lower salary range shall receive a new merit salary review date based upon the effective date of the demotion and receive a salary irr accordance with the following: a. Disciplinary demotion -any designated salary step in the lower salary range which will result in the employee's receiving at least a five percent (5%) reduction in pay. b. Non-disciplinary demotion -that salary step he or she would have received in the lower class if his or her services had been continuous in said lower class. 5. Salary on Transfer An employee who is transferred from one position to another in the same class or to another position in a similar class having the same salary range shall receive the same step in the salary range previously received and the merit salary review date shall not change. Salary on Position Reclassification When an employee's position is reclassified and the employee is appointed to the position, salary shall be determined as follows: a. If the position is reclassified to a class with a higher salary range than the former class, salary and merit salary review date shall be set in the same manner as if he or she had been promoted. b. If the salary of the employee is the same or less than the maximum of the salary range of the new class and the salary range of the new class is the same as the previous class, the salary and merit salary review date shall not change. c. If the salary of the employee is greater than the maximum of the range of the new class, the salary of the employee shall be designated as a "Y-rate" and shall not change during continuous regular service until the maximum of the salary range to which the class is assigned exceeds the salary of the employee. Fire MEC, MOU FINAL 2010-2011.060910.doc P-112 7. Satan/ on Re-employment An employee recalled after a layoff shall receive the same salary step in the range of the class at which he or she was receiving upon layoff. 8. Salary on Rehire Upon rehire, an employee shall be placed at such salary step as may be recommended bythe supervisor and approved by the Fire Chief. The employee's merit salary review date shall be based on the date of rehire. 9. Acting Pav Acting pay sha-I be one (1) step, approximately five percent (5%), above the affected employee's base salary rate. To receive acting pay the employee must: a. Be formally assigned duties appropriate to the higher class. b. Work in the higher class at least fifteen (15) consecutive work days, five (5) shifts for employees working twenty-four (24) hour shifts. Acting pay will be paid beginning with the sixteenth (16th) consecutive day worked in an acting capacity, sixth (6th) shift for employees working twenty-four (24) hour shifts. 10. Sala^~ on Change in Range Assignment . When a class is reassigned to either a higher or lower salary range by the Board, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the step he or she was receiving in the former range. 11. Training Officer Assignment Pav When assigned on a 40 hour schedule as the Department Training Officer, the Battalion Chief shall receive additional compensation calculated as 5.26% of Step E of the 40 hour Battalion Chief salary. This compensation shall be in addition to the regular compensation paid to the employee. 12. Bi-Lingual Compensation Bargaining Unit members who qualify for bi-lingual pay shall be compensated atthe rate of seventy-five dollars ($75.00} per month. Employees must pass an examination demonstrating their proficiency in the Spanish, Chinese or Korean languages. B. Deferred Compensation A District-paid contribution to Deferred Compensation Plan shall be provided as a percentage of monthly base salary as follows: Fire Chief 6% Deputy Fire Chief 4% Battalion Chief 2% § 3 Work Periods and Overtime A. Work Periods The work period for shift personnel is fourteen (14) days. Overtime is paid for time worked in excess of one hundred twelve (112) hours in the period. The work Fire MEG MOU FINAL 2010.2011.060910. doc P-113 period for forty (40) hour personnel is seven (7) days. Overtime is paid for time worked in excess of forty (40) hours in the period. B. Work Shifts Alltwenty-four (24) hour work shifts begin at 0800 and end at 0800 the following day. 2. Ten (10) hour work shifts begin at 0700 and end at 1800. C. Flex Time 1. The work schedules of employees assigned to other than fire suppression are subject to change depending on needs of the District or the desires of the concerned employee(s) (see item 3.) 2. The District shall not change work schedules when the sole purpose of the change is to avoid payment of time and one-half (1.5) for overtime. This however, is not to be interpreted as preventing a schedule change upon the mutual agreement ofthe District and affected employee. 3. Employees may request schedule changes to address personal interests. Whenever possible such requests will be accommodated, provided however, that the needs of the District, as determined by the District, will take precedence over employee preferences. 4. The District will not effect schedule changes but for good and sufficient cause. 5. Management employees shall be allowed to work a flexible work week upon the approval of their supervisor. D. 4/10 Schedule With the 4/10 implementation, employees who experience hardship due to child care issues, may request alteration of their schedule by taking a 1/2 hour lunch and arriving at work 1!2 hour late or leaving work 1/2 hour early. Additionally, employees who carpool at least 60% of the pay period and 60% of the distance into their normally assigned workplace are eligible to leave 1/2 hour early from work or arrive 1/2 hour late. E. Overtime Pay 1. The rate of pay for overtime hours worked shall be at the rate of time and one-half (1.5) the regular rate of pay, for those employees eligible for overtime. 2. Wages: The Battalion Chief in Training and suppression Battalion Chiefs will be paid overtime at the fifty-six (56) hour rate for any overtime worked, at time and one-half (1.5) rate of pay. 3. For purposes of computing overtime pay under the Fair Labor Standards Act, military leave shall be the only leave of absence not considered hours worked. 4. For the purpose of this section, work time shall not include traveling to or from the normal work site. Fire MEG MOU FINAL 2010-2011.060910.doc P-114 5. All non-exempt full-time employees who are called back to work from off-duty as a result of an emergency, shall be paid at the rate of time and one-half (1/2) for any hours worked, with a minimum of two (2) hours pay for each emergency recall. Employees required to work more than fifteen (15) minutes shall be compensated for a minimum of one (1) hour; any time worked over one (1) hour will be paid in one-half (1/2) hour increments (fifteen (15) minutes work shall constitute one-half (1/2) hour). Time spent in traveling to and from the work site shall be compensated in accordance with FLSA. Employees required (held over) to work more than fifteen (15) minutes overtime shall be compensated for a minimum of one (1) hour. Any overtime worked in excess of one (1) hour will be paid in half hour increments. Provisions shall be made for an equitable distribution of overtime, consistent with efficient operations of the District. 6. The Deputy Chief will be paid an amount equal to State and/or Federal reimbursements received by the District for the work performed through State and/or Federal requests for hours worked beyond the normal forty (40} hour work week (e.g. strike teams), at the Deputy Chiefs normal rate of pay, provided the Deputy Chief is acting in a management capacity consistent with their normal position under the Fair Labor Standards Act. The requisite amounts equal to the time worked beyond the normal forty (40) hourwork week will be paid to the Deputy Chief during the pay period in which the work performed through State and/or Federal requests for hours worked beyond the normal forty (40) hour work week (e.g. strike teams) occurs. This section is intended to allow a Deputy Chief to lead a strike team, if necessary, as would a regular shift Battalion Chief, without having to use accrued vacation leave. F. Call Back A minimum of two (2) hours of work time will be credited to an employee who responds to a District call to come to work during off-duty hours. This section is not to be interpreted as requiring said minimum in the event of an extended work day orwhen the employee begins his or her regular work shift before the normal starting time. § 4 Uniform Allowance A. The District will provide three (3) sets of work uniforms for each employee who is required to wear a uniform prior to his or her starting date. Suppression members must buy their own Class A uniforms at the completion of probation. B. The District stipulates that its goal on Uniform Allowance is to provide for the purchase of unfform articles as specified in the District's rules and regulations, to a maximum of $875.00 per employee per year. The Uniform Allowahce will be paid concurrent with the first full pay period after the beginning of the new fiscal year, in a separate check from the regular paycheck. § 5 Empfovee Group Insurance District agrees to provide group insurance plans in accordance with the following: Fie MEG MOU FINAL 2010-2011.060910. doc P-115 A. Health Insurance 1. District will provide medical insurance through the State of California Public Employee's Medical and Hospital Care Program. 2. District will provide fully paid employee and family health insurance for all full time continuous and retired employees who were hired before November 17, 1994. 3. District will provide fully paid employee and family health insurance for all full-time continuous employees hired after November 17, 1994, at the lowest, fully paid insurance plan which is made available to affected employees and which is offered by the Public Employees Medical and Hospital Care Program. 4. All full-time continuous employees hired after November 17, 1994, who want to maintain medical insurance through the State of California,, Public Employees Medical and Hospital Care Program, upon their retirement, shall be responsible for paying their own premiums. 5. Upon the written request of the employee, along with verification that their spouse and/or family can provide full health insurance, cash compensation in lieu of medical benefits in the amount of $200.00 for single employees or $300.00 for employees for dependents, may be provided to the employee. Selection of compensation shall be at the employee's discretion. The employee may reenter the District's health plan at any time. B. Dental Insurance District shall provide fully paid employee and family dental insurance plan for all full-time continuous employees. C. Vision Insurance The District shall continue to provide vision care coverage for all full time continuous employees with a maximum payment not to exceed $22.25 a month. Employees agree to contribute 0.02% of their salary adjustment to fund their contribution of $2.00 a month for vision insurance. The above amount of $22.25 includes the employees' contribution. The employee shall pay the cost of vision insurance in excess of $22.25. In the event that vision insurance premiums exceed $22.25 during the term of the contract, the District shall provide advanced notice to the representatives, ffpossible, at least thirty (30) days. D. Life Insurance District shall provide a fully paid $50,000 life insurance policy for all Fire MEG members. § 6 Tuition Reimbursement College Tuition Program for Fire MEG A. The District agrees to reimburse Fire MEG employees to recover all associated costs of accelerated degree programs to the same degree that traditional degree costs are recovered, recognizing that the "per quarter" costs of an accelerated degree program are higher due to the compression of educational objectives. A cap of File MEG MOU FINAL 201420110609f0.dx P-116 $4,000 per fiscal year will be applied initially and adjusted as necessary to reflect actual costs compared to the California State University system. The intent is to provide reimbursement for all associated costs of a degree program, regardless of how long or how short the period over which the degree program is administered. It is also the intent to use the California State University system as the cost comparison basis for any limiting of the tuition amount. For comparison purposes, it is agreed that the California State University at Cal Poly Pomona, Fullerton and San Bernardino will be the "survey" Universities. Associated costs: a. Tuition based on units. b. Books. c. Parking. d. Miscellaneous labs, tapes, etc. 2. Approval for reimbursement must be obtained by the Fire Chief or designee prior to taking the course. Approval is far applicability of the course to an appropriate degree program for the employee's fire service career. B. Employee shall achieve a "C" or better grade to be eligible for reimbursement. Employee shall submit all•receipts for the class upon completion, unless other arrangements are made. C. For reimbursement of costs at an accredited college otherthan a Cal State Program: 1. The District will pay an average per unit cost for each accredited unit, employee to pay the remainder of the cost. 2. Reimbursement of costs may be initiated prior to completion of the class if a deferred payment contract with the college is achieved. 3. Employee must successfully complete the course or shall reimburse all associated costs back to the District. 4: The Fire Chief may choose to establish an individualized payment schedule for each employee, based upon a college accredited program. However, all costs will be tied to the average of a Cal State program at the "survey" Universities. § 7 Retirement Plan A. Benefits 1. District contracts with the State of California Public Employee's Retirement System to provide retirement benefits to eligible employees. All costs of benefits provided to employees under the District's CaIPERS contract are paid by the District. Present benefits provided through CaIPERS include the following: §21574 ....................1959 Survivor Benefits, Fourth level §21362.2 .................3% at 50 Full Formula §21354.4 .................2.5% @ 55 Local Misc. Members (effective 7/1/97) §20862.8 .................Credit for. Unused Sick Leave §20615 ....................Payment of Normal Member Contributions §20024.2 .................One Year Highest Compensation Fie MEG MOU F1NAL 2010-2011.060910. d°c P-117 The following benefd is available to safety personnel at employee cost: §20930.3 ................:Military Service as Public Service § 8 Work Related Injuries Employees are entitled to full salary and benefits for up to one (1) year, when they sustain an on-the-job work related injury (see California Labor Code § 4850 for provisions). Although § 4850 covers only safety personnel, District is extending this same benefit to all employees. Temporary disability payments received during any injury period shall be returned to District. Notwithstanding the foregoing, non-safety members shall not be entitled to the presumptions pertaining to injuries set forth in said Labor Code provisions, it being the express intent of the parties that the § 4850 benefit provided hereunder applies only to the provision of full salary and benefits for up to one (1) year. § 9 Carpooling Those employees participating in a carpool during going to and coming from their residence and work site, shall not be in receipt of a reduced workday. Rather, those employees participating in a "carpool" shall be accorded the following benefit: Eligible carpool emplcyees shall be regular, full-time employees vaho voluntarily participate in and file a "ride share application agreement." Eligibility for ride share-related benefits is conditioned upon: 1. Each affected regular and full time employee shall ride share with another person(s) in a car or vanpool. 2. In the alternative, each affected regular and full time employee shall drive to and from work other than in an automobile. For example, such transportation may include a bicycle, public transportation, walking. 3. Eligibility for ride share benefits shall be conditioned upon 1) the regular and full time employee so participating 60% of the total work days during a given month, 2) ride sharing for at least 60% of the commute distance, and 3) ride sharing between the hours of 6 and 1D a.m., Monday through Thursday. Individuals meeting the above qualifications shall earn $2 for everyday that the employee ride shares, paid at the end of each quarter. Further, the City is desirous of devising some type of "drawing" to provide a singular person on a monthly basis with an item of value in recognition of ride sharing. § 10 IRS 125 Plan A. City shall implement authorized pre-tax payroll deduction of out-of-pocket medical contribution premiums. Said pre-tax payroll deduction shall only be used for the purpose of paying the difference between the amount of District funded premiums for District-provided health insurance plans, and the amount of out-of-pocket premium payments borne by the employee regarding District-provided plans. B. The District agrees to provide technical assistance (such as automatic payroll deduction, etc.) in the event employees decide to expand this benefitfrom a "premium only Fire MEG MOU FINAL 2010-2011.060910.tloc P-118 plan" to a "flexible spending account" provided that those participating pay all costs incurred in expanding and maintaining this program. §11 Retiree Health Savings Account(i"rust During the term of this contract, the Fire MEG may elect to implement an individual, voluntary form of Trust or Retiree Health Savings Account. The District agrees to take all action reasonably necessary to assist the Fire MEG with implementing such account or trust, including, but not limited to, establishing appropriate payroll deductions. ARTICLE III LEAVES § 1 Holidays A. Holidays are those days which District designates as observed holidays. Holiday leave is a right, earned as a condition of employment, to a leave of absence with pay. The holidays designated by District are as follows: 40 Hour Personnel January 1 ............... ........... New Years Day January .................. ........... Martin Luther King's Birthday (3rd Monday) February ................ ........... President's Day (3rd Monday) May ........................ ........... Memorial Day (last Monday) July 4 ..................... ........... Independence Day September ..........:.. ........... Labor Day (1st Monday) November 11 ......... ........... Veterans Day November .............. ........... Thanksgiving (4th Thursday) November .............. ........... The day following Thanksgiving December 24 ......... ........... The day preceding Christmas December 25 ......... ........... Christmas Three (3) additional discretionary (floating) days may be taken by an employee at their convenience, subject to approval by the supervisor. The thirty (30) hours r'or the three (3) floating holidays shall be credited to the employee at the start of pay period No. 1 of each calendar year. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. 56 Hour Personnel January 1 ............... ........... New Years Day January 18 ............. ........... Martin Luther King's Birthday February 12 ........... ........... Lincoln's Birthday February 22 .......... ........... Washington's Birthday May ........................ ........... Memorial Day (last Monday) July 4 ..................... ........... Independence Day September ............. ........... Labor Day (1st Monday) September 9 .......... ........... Admissions Day October 12 ............. ........... Columbus Day Fire MEG MOU FINAL 20142011.060910.doc P-119 November 11 ............... ..... Veterans Day November .................... ..... Thanksgiving (4th Thursday) November .................... ..... The day following Thanksgiving December 24 ............... ..... The day preceding Christmas December 25 ............... ..... Christmas B. Employees shall accrue holiday time as follows: Type of Per Maximum Accrual Holidav Annual) Personnel Shift Personnel 12 hours 168 hours 216 hours 40 Hour Personnel 10 hours 140 hours 180 hours C. No District employee will be allowed to exceed the maximum accrual at any time. As excess holiday time is earned, it must either b~ taken as time off or be paid for by District. D. District employees will be advised, in writing, within the pay period prior to the time that maximum holiday accrual is reached or that they are approaching their maximum accrual. E. Effective pay period No. 1 of each year (which normally occurs mid to late December of each year), holiday time shall be accrued by the employees within the pay period in which it occurs. F. District will buy back all or part of accrued holiday time at the then current hourly rate, if a request is made (in writing) by November 30th specifying holiday balance and exercising the option to sell back. G. Holidays may be used as scheduled time off with the approval of the supervisor. H. Any employee who is on vacation or sick leave when a holiday occurs will not have that holiday charged against his or her vacation or sick leave. I. Forty (40) hour personnel who obtain prior approval frcm their immediate supervisor to work a holiday will be allowed to bank that holiday at straight time. If a 40- hour employee who is eligible to receive overtime compensation is recalled to work on a holiday, that holiday will be banked at time and a half (1.5) for the number of hours actually worked that day. § 2 Holidav Facility Closure Certain City Facilities shall close for three days during the period 12/24/10 through 1/2/11. City Hall and the City Yard shall close December 27, 28 and 29. Closure dates for other City facilities shall be determined by the City in order to balance the impact on public services with the need for cost savings. During this closure, affected employees may take paid leave from holiday, management leave, and compensatory time or vacation accruals. Fire MEG MOU FINAL 2010-2011.060910.doc P-120 § 3 Vacation Leave A. Vacation leave is a right to a leave of absence with pay. It is earned as a condition of employment. All full-time employees shall, with continuous service, accrue working days of vacation monthly according to the following schedule: 40 hour personnel Years of Annual Maximum Pay Period Completed Service Accrual Accrual Accrual Rates 30 days-3 years 85.72 hours 192.0 3.297 4-7 years 128.57 hours 272.0 4.945 8-10 years 171.43 hours 353.0 6.593 11-14 years 188.58 hours 353.0 7.253 15-19 years 205.72 hours 353.0 7.912 20-24 years 222.86 hours 353.0 8.572 25+ years 240.00 hours 353.0 9.231 Shift Personnel Years of Annual Maximum Pay Period Completed Service Accrual Accrual Accrual Rates 30 days-3 years 120 hrs / 5 shifts 288.0 4.615 4-7 years 180 hrs / 7.5 shifts 408.0 6.923 8-10 years 240 hrs / 10 shifts 528.0 9.231 11-14 years 264 hrs / 11 shifts 528.0 10.154 15-19 years 288 hrs / 12 shifts 528.0 11.077 20-24 years 312 hrs / 13 shifts 528.0 12.002 25+ years 336 hrs / 14 shifts 528.0 12.923 B. An employee who, as of July 1 of any given year, has completed 10, 20 or 25 years of service shall receive a onetime credit of 24 hours of vacation, if a shift employee; or receive 10 hours, if a 40 hour employee. C. The District will notify employees, in writing, within the pay period prior to the time that maximum vacation accrual will be reached that the accrual is approaching that maximum. The employee will then be required to (1) schedule time off or, (2) receive pay in lieu of time off so as to not exceed the maximum accrual. D. Any full-time employee who is about to terminate employment and has earned vacation time to his or her credit, shall be paid for such vacation time on the Fire MEG MOU FINAL 2010.2011.0609f0.doc P-121 effective date of such termination. When separation is caused by death of an employee, payment shall be made to the estate of such employee. E. For vacation accrual purposes only, safety personnel hired prior to July 1, 1996 are allowed to include prior years of all fire service employment. § 4 Sick Leave Sick leave is the authorized absence from duty of an employee because of physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease, or for a medical, optical, or dental appointment. A. Full-time Employees All employees shall be accruing sick leave as follows: Personnel Monthl Annual Max. Accrual Accrual 40 hr Personnel 10 hours 120 hours No limit Shift Personnel 12 hours (1/2 shift) 144 hours (6 shifts) No limit 2. Sick leave with pay may be used for: a. Any bona fide illness or injury. b. Quarantine due to exposure to contagious disease. c. Any treatment or examination including, but not limited to, medical, dental, eye, or psychiatric examinations. d. Not more than twelve (12) days for 40-hour employees or six (6) shifts for shift personnel, of sick leave each calendaryear in case an employee's presence is required elsewhere because of sickness, disability, or child birth of a member of his/her immediate family, as defined in District Personnel Rules. B. No employee shall be entitled to sick leave with pay while absent from duty for the following causes: 1. Disability arising from sickness or injury purposely self-inflicted or caused by his or her own willful misconduct. 2. Sickness or disability sustained while on leave of absence. C. Except as specified in "G" below, sick leave shall not be used in lieu of or in addition to vacation. D. The Fire Chief reserves the right to require evidence in the form of a physician's certificate whenever an employee is absent and requests sick leave for the period of absence, except personal leave (see § 5). E. Any employee absent from work due to illness or accident, may at the discretion of the Fire Chief, be required to submit to a physical examination before returning to active duty. Such physical examination shall be performed by a physician specified by District and shall be at District expense. F. Termination of an employee's continuous service, except by reason of retirement or lay-off for lack of work orfunds shall abrogate all sick leave and no payment Fire MEG MOU FINAL 2010-2011.060910.doc P-122 will be made by the District for sick leave accrued to the time of such termination regardless of whether or not such employee subsequently reenters District service. G. Any employee incurring a serious injury or illness while on paid vacation leave may have those days of illness changed to sick leave with pay and vacation days restored accordingly, provided the employee has sufficient sick leave accrued and the period of illness is certified by a written doctor's statement. H. Employees with ten (10) or more years of service shall be eligible to convert unused sick leave to vacation in accordance with the following: 1. Shift employees who in the preceding calendar year have accrued 108 to 144 (90 to 120 for 40-hour week employees) unused hours of sick leave earned in that preceding calendar year, may exercise the option of having one-half (1/2) of that unused sick leave accrued in the preceding year converted to vacation leave and the remainder carried over as accrued sick leave. 2. Employees who have accrued 72 to 108 (60 to 90 for 40-hour week employees) unused hours of sick leave earned in the preceding calendar year may exercise the option of having one-fourth (1/4) of the unused sick leave accrued in the preceding calendar year converted to vacation leave and the remainder carried over as accrued sick leave. 3. Any employee who qualifies to convert sick leave to vacation leave must submit a written request to the District on or before January 15th ofthe year in which the conversion is to be made. I. Upon the retirement of an employee, the employee will have the option of selling back to the District up tonne-half (1/2) of the total accumulated unused sick leave at his or her then current hourly rate, or the employee may apply unused accumulated sick leave toward service credit for retirement, in accordance with the Public Employees' Retirement Law, California Government Code § 20862.8. Sick leave bought back by the District may not be applied to service credit, but the sick leave remaining afterthe buy back may be credited as service time in accordance with the above-noted law. § 5 Conversion Factor The factor used to convert the accruals for forty (40) hour per week employees to fifty-six (56) hour per week employees will be: Vacation, holiday, and sick leave: Work Week Basis Conversion Vacation 40 Hour 56 Hour Factor 30 days-3 years 85.72 120 1.5 4-7 years 128.57 180 1.5 8-10 years 171.43 240 1.5 11 - 19 years 188.58 264 1.57 20-24 years 196.58 288 1.57 File MEG MOU FINAL 20142011.060910.doc P-123 25+ years 204.58 312 1.57 Holida 140 168 1.5 Sick 120 144 1.5 (40 to 56) EXAMPLE (8-10 year employee) Employee Benefits Vacation = 100 hours Holiday = 72 hours Sick = 300 hours 472 total hours x 1.5 (factor) = 708 hours total Note: If an employee goes from a 56 to 40 hours basis, the conversion will be the reciprocal of 1.5 or .667. § 6 Personal Leave A. The employee shall be granted one (1) day paid personal leave, in addition to the normal leave accrual, to attend ±he funeral of a relative not in the employee's immediate family. B. An employee required to appear before a court for other than subpoenas due to actions as a District employee or jury duty will receive the necessary time as paid personal leave, providing: 1. He or she notifies his or her supervisorwith adequate advance notice so that a relief may be obtained. 2. The employee must return to work within a reasonable time after the appearance. C. Personal leave will be charged against any lea~re account in which the employee has accrued an appropriate balance, such as sick leave, vacation, or compensatory time. It is the employee's option which account is to be charged. D. Employees can use up to twenty (20) hours of accrued sick leave as personal leave. This twenty (20) hours can be used incrementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for emergency situations requiring the employee's attention and requires prior approval by their supervisor. § 7 Bereavement Leave A. 40-hour Personnel In the event of a death in the employee's immediate family, the employee shall be granted three (3) days paid bereavement leave, in addition to the normal leave accrual. A maximum of five (5) days paid bereavement leave, in addition to the normal leave accrual, shall be granted if there is a death in the immediate family outside the state boundaries. Fire MEG MOU FINAL 2010-2011.0609f0.doc P-124 B. Shift Personnel In the event of a death in the employee's immediate family, the employee shall be granted two (2) shifts paid bereavement leave, in addition to the normal leave accrual. A maximum of three (3) shifts paid bereavement leave, in addition to the normal leave accrual, shall be granted if there is a death in the immediate family outside the state boundaries and the employee attends the services. C. Immediate family is defined as: Spouse, children, stepchildren, parents, stepfather, stepmother, brother, sister, grandfather, grandmother, grandchild, and the employee's mother-in law, father-in- law or grandparents-in law. § 8 Compensatory Time A. FLSA-exempt employees may earn compensatory time, on a basis of 1 hour worked equals 1 hour of compensatory time, as follows: 1. For required attendance at special meetings ofthe Board of Directors and District Committees, except whey such meetings are held in lieu of a regularly scheduled meeting or when such meetings are called and/or scheduled as part of the annual budget preparation process and annual audit. 2. For special and/or unusual work situation not provided for in the preceding paragraphs. B. Compensatory time will not be granted for attendance at any regularly scheduled meetings of the Board of Directors, or any District Committee nor will compensatory time be granted for additional working time beyond the normal working day necessary for efficient and effective department operations, or to maintain good public relations. Any such time shall be considered a part of the normal duties of the position. C. The earning and accrual of compensatory time requires the prior approval of the employee's supervisor. § 9 Administrative Leave Administrative Leave: The following classifications shall earn Administrative Leave annually as follows: Deputy Fire Chief ................ 75 hours Fire Chief ............................. 100 hours Unused administrative leave, to a maximum of forty (40) hours atthe end of the calendar year may be sold back to District at the employee's then current hourly rate. Administrative leave shall not be carried over beyond the year in which it was earned. § 10 Military Leave A. Every employee who is a member of a state or federal reserve military unit shall be entitled to be absent from service with District while engaged in the pertormance of ordered military duty and while going to or returning from such duty in accordance with the laws of the State of California or federal government. Fire MEG M6U FINAL 2010.2011.060910.doc P-125 B. Employees are entitled to thirty (30) days paid military leave in any one fiscal year, provided they have been employed by the District for one (1) year prior to this leave. Any employee with less than one (1) year of service must use accrued annual leave or compensatory time if he or she wishes to receive normal pay. C. Employees who are called or volunteer for active service with the armed forces of the United States shall be entitled to reinstatement to their former positions. Upon application for reinstatement, the individual mustdisplay a certificate showing service was other than dishonorable. However, any individual possessing right of reinstatement automatically forfeits these rights upon voluntary enlistment for a second term. D. Any employee returning from service with the armed forces shall be entitled to such length of service seniority as would have been credited to them had they remained for that period of time with the District. E. An employee who was in a probationary period at the time of military leave shall, upon return, complete the remaining portion of the probationary period according to the rules in effect at the start of military leave. F. An employee promoted to fill a vacancy created by a person serving.in the armed forces shall hold such position subject to the return of the veteran. The employee affected by the return shall be restored to his or her former position or one of a similar nature when the returning employee resumes the position he or she previously held. § 11 Ju Du Any member of the District who is called or required to serve as a trial juror may be absent from duty .with the District during the period of such service or while necessarily being present in court as a result of such call. Such member on jury duty will continue to receive normal pay, provided he or she: A. Notifies his or her supervisor in advance, with adequate time remaining so that a relief may be obtained. B. Returned to work within a reasonable time after being released with a signed certificate of service from the court stipulating the hours of service and release time. This certificate may be obtained by asking the court secretary or bailiff. The employee then forwards it to his or her supervisor. C. Pay received for service while absent from the District must be surrendered to the District; however, pay received while off duty may be kept by the employee. D. All personnel called for jury duty. must abide by all of the above rules and must return to work if dismissed before the end of their regular work shift. § 12 Civil Subpoena/Criminal Subpoena A. Civil Subpoena 1. When members of the District have been served a civil subpoena to appear in court as a witness due to actions as a District employee, the following procedure shall be followed: Fire MEG MOU FINAL 2010.2011.0609f0.doc P-126 a. Personnel will be paid at their regular hourly rate while they are in court. b. District transportation will be provided when available. If the employee uses his or her own transportation, he or she will be reimbursed by the District at the prevailing mileage rate. c. If the employee is required to appear in a court that is outside the Rancho Cucamonga Fire Protection District and this appearance requiresthe employee to buy a meal and/or lodging, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the Fire Chief. B. Criminal Subpoena 1. Pursuant to California Penal Code § 1326 et. seq., if an employee is served with a criminal subpoena, the employee will be paid at the regular hourly rate while in court. 2. District transportation will be provided when available. If the employee uses their own transportation, they will be reimbursed by District at the prevailing mileage rate. 3. If the employee is required to appear in court outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the Fire Chief. A criminal subpoena need not have a court stamp affixed. § 13 Leaves of Absence without Pay A. Upon the written request of the employee, a leave of absence may be granted for a period not to exceed thirty (30) days by the Fire Chief, or a period not to exceed one (1) year by the Board of Directors. B. Failure. of the employee to return to his or her employment upon the termination of an authorized leave of absence shall constitute a separation from service by that employee. C. Leave of absence without pay granted by the Board shall not be construed as a break in service or employment. During these periods, vacation, holiday, orsick leave credits shall not accrue. An employee reinstated after a leave of absence without pay shall receive the same step in the salary range received when he or she began the leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range or for the purposes of seniority. For purposes of this section, the employee's merit increase eligibility date shall be adjusted to the date of reinstatement. D. An employee on an approved leave of absence without pay may continue medical insurance coverage by paying the full cost to District, in advance, for each month, or portion thereof, of which he or she is absent. Fire MEG MOU FINAL 2010-2011.060910_doc P-127 ARTICLE IV GRIEVANCE PROCEDURE §1 Purpose This article is intended to provide a fair and orderly procedure for the resolution of employee grievances. A grievance is a claimed violation, misinterpretation, misapplication, or noncompliance with existing District codes, resolutions, written rules, policies, procedures, orders, and regulations, or this document. This grievance procedure shall not apply to disciplinary matters or to reviews of performance evaluation reports or to discharge of probationary employees. Disciplinary matters include all warnings, written reprimands, suspensions, reductions in pay which are not the result of transfer orreassignment, demotions, dismissal orany ofheraction which consists of a taking of property as said term is defined by the courts in the disciplinary context. (Reassignments and/or transfers that result in a loss of compensation shall not be deemed to be disciplinary actions.) § 2 Objectives The grievance procedure is established to accomplish the following objectives: A. To settle disagreements at the employee-supervisor level, informally if possible. B. To provide an orderly procedure to handle grievances. C. To resolve grievances as quickly as possible. D. To correct, if possible, the cause of grievances to prevent future similar complaints. E. To provide for atwo-way system of communication by making it possible for levels of supervision to address problems, complaints, and questions raised by employees. F. To reduce the number of grievances by allowing them to be expressed and thereby adjusted and eliminated. G. To promote harmonious relations generally among employees, their supervisors and the administrative staff. H. To assure fair and equitable treatment of all employees. § 3 General Provisions A. Preparation of a grievance will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. B. The Board of Directors or its individual members shall not be approached by employees or their representatives at any time that the grievance is being processed. C. Failure of the grievant to comply with time limitations specified in the grievance procedure shall constitute a withdrawal of the grievance, except upon a showing of good cause for such failure. Failure of District supervisory or administrative staff to comply with specified time limitations shall permit the grievant to proceed to the next step in the procedure. EXCEPTION: Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. Flre MEG MOU FINAL 2010-2011.060910.doc P-128 D. In the event a grievant elects to represent himself or herself or is represented by counsel other than that provided by the employee organization, the employee organization shall be apprised of the nature and resolution ofthe grievance if the issues involved are within the scope of said organization's representation rights. E. If an individual named in a dispute is unavailable within the time period specified in these procedures, time limitations can be extended by mutual agreement of the representatives of the respective parties. F. Any period of time specified in this rule for the giving of notice or taking of any action exclude weekends and holidays. G. Unless otherwise specifically provided for herein, the term "days" shall mean business days of the District's Administrative offices. H. An arbitrator shall not have authority to determine if a matter is within the definition of a "grievance" and/or is timely f led or otherwise administratively prosecuted on a timely basis. § 4 Informal Grievance Procedure Most problems or complaints can be settled if the employee will promptly, informally and amicably discuss them with his or her immediate supervisor. Such an initial discussion shall precede any use of the formal grievance procedure. If the immediate supervisor fails to reply to the employee within ten (10) days, or the employee is not satisfied with the decision, the employee may utilize the Formal Grievance Procedure. Although invocation of the Informal Grievance Procedure does not mandate submission of the grievance in writing, the immediate supervisor shall document the substance of the informal grievance meeting. Failure by the employee to advise the immediate supervisor of the grievabce problem or complaint within seven (7) days of the date that the employee knew or should reasonably have known of the existence of the problem or complaint, shall constitute a waiver by the employee of the ability to utilize the grievance procedure. § 5 Formal Grievance Procedure A. Step I The employee and/or representative shall present the grievance, in writing and signed, to his or her immediate supervisor within fifteen (15) days of the date that the employee knew or reasonably should have known of the events giving rise to the grievance. An official grievance form must be used stating names, dates, times, place, and nature of grievance, explaining how the grievance fits within the definition of "grievance" as set forth in § 1, above. The employee's supervisor shall attempt to resolve the grievance with the employee and shall submit his or her decision in writing to the employee within ten (10) days after receipt of the grievance. The employee shall have the right to appeal the decision of the supervisor to the Fire Chief. B. Step 11 1. If the grievance is not resolved to the satisfaction of the employee, the grievant has seven (7) days following receipt of the written response from his or her supervisor to file a written appeal to the Fire Chief or designated representative. Fiw MEG MOU FINAL 2010.2011.060910.dx P-129 2. Written appeal to the Fire Chief or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response of the employee's supervisor did not satisfactorily resolve the grievance and an indication of the action desired by the grievant. The written appeal shall explain why the grievance fits within the definition of "grievance" as set forth in § 1, above. 3. After submission of the written appeal, the Fire Chief or designee shall reply within three (3) days, in writing, to the grievant regarding the grievance. In event of rejection, reasons for so doing will be included in the response. C. Steo III 1. If the grievance is not resolved to the satisfaction of the employee, the grievant has seven (7) days following receipt of the written response from the Fire Chief or designee to file a written appeal to the Chief Executive Officer (CEO) of the District. The CEO may designate a representative to act in his or her stead. 2. Written appeal to the CEO or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response of the Fire Chief or designee did not satisfactorily resolve the grievance, and an indication of the action desired by the grievant. The written appeal shall explain why the grievance fits within the definition of "grievance" as set forth in § 1 above. 3. After submission of the written appeal, the CEO or designee shall reply in writing within fifteen (15) days, to the grievant regarding the grievance. The reasons for the decision will be included in the response. 4. Section 1 PURPOSE defines a grievance as a claimed violation, misinterpretation, misapplication or noncompliance with existing District codes, resolutions, written rules, policies, procedures, orders and regulations, orthis document. The decision by the CEO or designee shall address whether or not the complaint of the employee is grievable pursuant to the grievance definition set forth in § 1 above and/or is timely filed or otherwise administratively prosecuted in a timely basis. In the event that the CEO or designee determines that the employee's complaint is not defined by § 1 above as a grievance and/or is not timely filed or otherwise administratively prosecuted in a timely basis, the GEO or designee shall advise the employee that the complaint is not grievable and the grievance shall proceed no further unless or until on application by the employee, a judgment is entered at the trial court level, indicative of the complaint being jurisdictionally grievable pursuant to the definitions set forth in § 1 above and/or pursuant to requirements of timeliness. D. Step IV 1. If a grievance is not resolved by the CEO or designee and is deemed "grievable" pursuant to these rules and regulations, (a defined grievance and/or timely) then within seven (7) days of service by the CEO or designee of a grievance decision, the employee may further appeal the matter by filing with the office of the CEO or his designee a written appeal to binding arbitration. Said appeal shall be timely only if it is received in Fiie MEG MOU FINAL 2010.2011.060910.doc P-130 the office of the CEO or designee not later than seven (7) days after service of the grievanle decision by the CEO or designee. 2. The employee's appeal shall state with specificity the identification of the District Codes, resolutions, written rules or regulations or sections of this document which is claimed to have been violated. The appeal shall additionally state with specificity all allegations of facts upon which the grievance is based, and the specific relief sought. 3. Within ten (10) days after receipt of a valid appeal, the CEO or his designee shall request of the California State Conciliation and Mediation Service, that it submit a list of seven (7) arbitrators for hearing of the grievance. The CEO or designee shall direct that a copy of the list of arbitrators be sent to the employee and to the CEO or designee, as well. 4. Absent mutual selection of an arbitrator from either the submitted list or otherwise, the arbitrator shall be chosen by an initial flip of the coin, with the prevailing employee or CEO/designee having the option of making the first strike or directing that the opposing party make the first strike. Following alternate striking, the one remaining arbitration candidate shall be deemed the appointed arbitrator. 5. The arbitrator shall conduct the hearing at a time and place mutually agreed upon by the parties. 6. The hearing shall be memorialized by use of a certified shorthand reporter. The shorthand reporter shall be selected by the employee. 7. All fees and expenses of the arbitrator shall be borne equally by the parties. 8. All fees and expenses related to the securing of a representative and/or legal counsel, the preparation of transcripts, witness fees and other expenses attendant to the presentation of evidence, shall be borne by the party at whose direction said expense is incurred. 9. The per diem fee of the shorthand reporter shali be borne equally by the parties. The cost of transcription shall be borne by the party ordering the transcript. 10. Neither the Federal or California State Rules of Evidence shall be binding upon evidentiary issues at the hearing. However, such authorities may be considered by the arbitrator in rendering evidentiary rulings. Further, the California Administrative Procedure Act shall specifically be of no application to the hearing process. 11. Although the Rules of Evidence shall not be strictly adhered to, hearsay that would be inadmissible in a civil or criminal proceeding cannot in and of itself support a finding by the arbitrator without corroboration. In general, the arbitrator shall admit evidence which is of such reliability that reasonable persons rely upon it in the conduct of serious matters such as the hearing. 12. The burdens of proof and production of evidence shall be borne by the employee and shall be by a preponderance of the evidence. 13. Not later than ten (10) days prior to the date of commencement of the hearing, the parties shall exchange lists of witnesses each intends to call at the hearing, Fire MEG MOU FINAL 20142011.060910.doc P-131 and a list of documents it intends to introduce at the hearing. Said documents shall be attached to the notifications provided for herein, and the notifications shall actually be in receipt of the opposing party on or before the tenth (10th) day prior to commencement of the hearing. Failure to comply with said requirements shall result in exclusion of witness testimony and/or rejection of exhibits not designated in the submissions. 14. The arbitrator shall be empowered to issue subpoenas for the production of persons and documents. The arbitrator shall designate the subpoena form to be utilized in such case. The California Code of Civil Procedure, the Evidence Code and other applicable statutes shall apply to the validity and processing of subpoenas and to the method of service of the same. 15. Not laterthan thirty (30) days after closure of the record, the arbitrator shall render a binding opinion regarding the issues at dispute, and shall submit the binding opinion to the employee, to the Fire Chief and to the Chief Executive Officer of the District. 16. The conduct of the arbitration proceedings shall be governed by this MOU, and not by CCP § 1280 et seq. ARTICLE V DISCIPLINE District and Union have met and conferred and adopted a disciplinary procedure which amends District Personnel Rule XXIV. This procedure conforms with California Government Code Sections 3250-3262, commonly referred to as the "Firefighter's Bill of Rights. ARTICLE VI SAFETY § 1 Compliance District and employees shall conform to and comply with all health, safety, and sanitation requirements imposed by District, state or federal law or regulations adopted under state or federal lay/. § 2 No Discrimination No employee shall be in any way discriminated against as a result of reporting any condition believed to be a violation of § 1 of this Article VI. § 3 Safety Equipment Should the employment duties of an employee in the unit, in the estimation of OSHA, require use of any equipment or gear to insure the safety of the employee or others, District agrees to furnish such equipment or gear. § 4 Employee Responsibility In the course of performing their normally assigned work, employees will be alert to observe unsafe practices, equipment, and conditions; as well as environmental conditions in their immediate area which represent health hazards and will report such conditions to their immediate supervisor. All employees shall make certain that all power machinery is equipped with safety devices properly installed and in working condition and Fire MEG MOU FINAL 2010-2011.0609f0.dac P-132 that co-workers use utmost care in the handling of tools and equipment. Employees shall report all accidents immediately to their immediate supervisors. Reports shall be submitted on forms provided by District. § 5 Smoking Policy Employees have agreed to accept and abide by the District "Smoking Policy° as written and approved by the Chief in effect on July 1, 1996. ARTICLE VII MANAGEMENT RIGHTS § 1 Scoae of Rights It is understood and agreed that District possesses the sole right and authority to operate and, direct the employees of District in all aspects, except as modified in this Memorandum of Understanding. These rights include, but are not limited to: A. The right to determine its mission, policies, and standards of service to be provided to the public; B. To plan, direct, control, and determine the operations or services to be conducted by employees of District; C. To determine the methods, means, and number of personnel needed to carry out District's mission; D. To direct the working forces; E. To hire, assign, or transfer employees within District; F. To promote, suspend, discipline, or discharge employees; G. To layoff or relieve employees due to lack of work or funds or for other legitimate reasons, (any provision within this MOU, City rules or regulations or any other policy or procedure promulgated by the City or any Department of the City which prohibits the imposition of layoffs, is deemed null and void); H. To make, publish, and enforce rules and regulations; I. To introduce new or improved methods, equipment, or facilities; J. To contract out for goods and services; K. To take any and all actions as may be necessary to carry out the mission of District in situations of civil emergency as may be declared by the Board of Directors or Fire Chief; L. To schedule and assign work; and, M. To establish work and productivity standards. § 2 Emergency Conditions If in the sole discretion of the Board of Directors or Fire Chief it is determined that extreme civil emergency conditions exist, including, but not limited to, riots, civil disorders, earthquakes, floods, or other similar catastrophes, the provisions of this MOU Fire MEG MOU FINAL 2010-2011.060970.doc P-133 may be suspended during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. ARTICLE VIII MAINTENANCE OF BENEFITS All benefits enjoyed by the employees at the present time, which are not included in nor specifically changed by this MOU, shall remain in full force and effect; provided, however, that upon the mutual agreement of the parties, the meet and confer process may be initiated to address proposed changes. This Article shall not be interpreted as affecting any other rights or obligations the respective parties have under § 3500, et. seq., of the California Government Code. ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS This MOU is subject to approval by the Board of Directors of District. The parties hereto agree to perform whatever acts are necessary both jointly and separately to urge the Board to approve and enforce this MOU in its entirety. Following approval of this MOU by the Board, its terms and conditions shall be implemented by appropriate ordinance, resolution, or other lawful action. ARTICLE X PROVISIONS OF LAW A. It is understood and agreed that this MOU and employees are subject to all current and future applicable Federal and State laws and regulations and the current provisions of District law. If any part or provisions of this MOU is in conflict or inconsistent with such applicable provisions of those Federal, State, or District enactments or is otherwise held to be invalid or unenforceable by any court of competentjurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. If any substantive part or provision of this MOU is suspended or superseded, the parties agree to re-open negotiations regarding the suspended or superseded part or provisions with the understanding that the total compensation to employees under this MOU shall not be reduced or increased as result of this Article. B. The District and Fire MEG recognize that underthis MOU and in personnel matters not covered in this contract, the current District Personnel Rules as amended and effective shall apply. The Personnel Rules applicable to Fire MEG shall not be changed for the duration of this MOU. ARTICLE XI TERM The term of this MOU shall commence oh July 1, 2010 and will continue for a period thereafter, ending on June 30, 2011. Fire MEG MOU FINAL 2010-2011.0609f0.doc P-134 ARTICLE XII NEGOTIATION OF SUCCESSOR MOU The parties agree that negotiation of a successor to this MOU shall commence not later than six (6) months prior to the MOU expiration date. it is further agreed that in order to facilitate the parties' goal of expeditiously completing the meet and confer process on or before June 30, 2011, the parties shall exchange written meet and confer proposals not later than February 1, 2011. ARTICLE XIII PARITY PROVISION If during the term of this MOU, the City/District initially negotiates and provides an increase in base salary to the unit(s) represented by any other City/District recognized employee organization(s), said increase shall also be made applicable to the unit represented by the Association. This Article shall not apply to base salary increases which are the result of a state or court mandate(s), or settlement agreements which apply to specific units other than that represented by the Association. Fire MEG District Dated Donald Cloughesy, Battalion Chief Dated Jack Lam, City Manager Mike Costello, Battalion Chief John R. Gillison, Deputy City Manager/ Administrative Services Approved by action of the Board of Directors the _ day of , 2010. Fire MEG MOU FINAL 2010-2011.060910.doc STAFF REPORT ADD'IINISTRdTNE SERVICES DEPt1RTMENT Date: June 16, 2010 To: President and Members of the Board of Directors Jack Lam, AICP, City Manager r From: John R. Gillison, Assistant City Manage "' By: Chris Paxton, Human Resources Director P-135 ~' r- ~ANCHO C,UCAMONGA Subject: APPROVAL OF A RESOLUTION ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND THE FIREFIGHTERS LOCAL 2274 FOR FISCAL YEAR 2010-11 It is recommended that the Rancho Cucamcr~ga Fire Protection District Board of Directors adopt the attached Resolution, enacting the Memorandum of Understanding between the Fire District and Firefighters Local 2274 for the period beginning July 1, 2010 through June 30, 2011. BACKGROUND Representatives of the Fire District and Firefighters Local 2274 have met and conferred in good faith and reached an agreement for a one (1) year labor contract that covers the period beginning July 1, 2010 through June 30, 2011. The attached Memorandum of Understanding is the aforementioned labor contract and implements the negotiated provisions for Fiscal Year 2010-11. In recognition of the current economic condRions in the State of Cal'rfornia, and the fiscal challenges facing all local agencies, including the Rancho Cucamonga Fire Protection District, this memorandum provides for no increase in salaries or health care costs during the contract period. Attachments 1. Resolution Enacting 2010-11 Firefighters Local 2274 MOU 2. 2010-11 Firefighters Loca! 2274 MOU P-136 RESOLUTION NO. FD !b"D'~~ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ..°.ANCHO CUCAMONGA FIRE PROTECTION DISTRlGT APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2010-11. A. B. RECITALS Representatives of the Rancho Cucamonga Fire Protection District ("District": hereinafter) and the Rancho Cucamonga Firefghters Local 2274 (Union) have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to wages, benefits and other terms and conditions of employment. Representatives of the District and Support Services Association have agreed upon and presented to this Board a Memorandum of Understanding pertaining to the Fire Union effective, July 1, 2010 specifying the results of said meet and confer process. All legal prerequisites to the adoption of this Resolution have occurred. RESOLUTION NOW THEREFORE, the Board of Director District of the City of Rancho Cucamonga, resolve as follows: of the Rancho Cucamonga Fire Protection California, does hereby find, determine and 1. In all respects, as set forth in the Recitals, Part A of this Resolution. The attached Memorandum of Understanding entered into by and between District representatives and the Fire Union representatives for Fiscal Year 2009-10 effective July 1, 2010 hereby is approved and ratified by the Board of Directors. 3. The Secretary shall certify to the adoption of this resolution. PASSED; APROVED AND ADOPTED this day of AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, MD, President ATTEST: 2010. Janice Reynolds, Secretary P-137 I, JANICE 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 Meeting of said Board held on the day of , 2010. Executed this day of , 2010 at Rancho Cucamonga, Calrfomia. Janice Reynolds, Secretary P-138 MEMORANDUM OF UNDERSTANDING RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 2010-2011 P-139 PREAMBLE ............................................................................ ...................... 1 ARTICLE I RECOGNITION ....................................................... ....................... 1 ARTICLE II COMPENSATION ................................................... ...................... 1 § 1 Survey ...................................................................... ...................:...1 § 2 Salary Plan ................................................................ ....................... 3 A. Salary Adjustment ............................................... ....................... 3 B. Salary Ranges .................................................... ....................... 3 1. Salary on Appointment .................................. ....................... 3 2. Merit Salary Adjustments ............................... ....................... 3 3. Salary on Promotion ...................................... ...................... 4 4. Salary on Demotion ...................................... ....................... 4 5. Salary on Transfer ........................................ .......................5 6. Salary on Position Reclassification ................... .......................5 7. Salary on Re-Employment .............................. .......................5 8. Salary on Rehire .......................................... ....................... 5 9. Acting Pay .................................................. ....................... 5 10. Salary on Chant' in Range Assignment ........... ....................... 6 11. Premium Pay - Haz-Mat ................................ .......................6 12. Bi-Lingual Compensation ............................... .......................6 13. Paramedic Compensation .............................. ....................... 6 14. Field Training Officer ..................................... .......................6 § 3 Work Periods and Overtime .......................................... ....................... 6 A. Work Periods ..................................................... ........................6 B. Work Shifts ........................................................ ....................... 7 C. Flex Time .......................................................... ....................... 7 D. Overtime Pay ..................................................... ....................... 7 E. Call Back .......................................................... '.......................8 F. 4/10 Schedule .................................................... ....................... 8 § 4 Uniform Allowance ............................................................................. 8 § 5 Employee Group Insurance ................................. .................................8 A. Health Insurance ....................................... .................................8 B. Dental lnsurance ....................................... .................................9 C. Vision Insurance ....................................... .................................9 D, Life Insurance .......................................... ..................................9 § 6 Reimbursement for Approved College and University Courses ....................9 § 7 Retirement Plan ...............................................................................10 A. Benefits ..................................................................................10 B. Conversion -Union ...................................................................10 C. Military Service Buy-Back ...........................................................10 § 8 Work Related Injuries ........................................................................ 11 Fire Union MOU 2010-11.doc P-140 § 9 Carpooling ...................................................................... ................11 § 10 IRS 125 Plan ................................................................. ................11 § 11 Voluntary Employee Benefit Association ............................. ................12 ARTICLE III LEAVES ................................................................... ................12 § 1 Holidays ......................................................................... ............... 12 § 2 Holiday Facility Closure ..................................................... ............... 14 § 3 Vacation Leave ................................................................ ................14 § 4 Sick Leave ...................................................................... ............... 15 § 5 Conversion Factor ............................................................ ................16 § 6 Personal Leave ............................................................... ................17 § 7 Bereavement Leave ......................................................... ................18 A. 40 hour Personnel .................................................... ................18 B. Shift Personnel ........................................................ ................18 C. Immediate Family is Defined as .................................. ................ 18 § 8 Compensatory Time ......................................................... ................18 § 9 Military Leave ................................................................. .................18 § 10 Jury Duty ..................................................................... .................19 § 11 Civil Subpoena/Criminal Subpoena .................................... ............... 19 A. Civil Subpoena ........................................................ ................19 B. Criminal Subpoena ................................................... ............... 20 § 12 Leaves of Absence without Pay ......................................... ............... 20 § 13 Union Leave Bank .......................................................... ................21 § 14 Natal and Adoption Pay ................................................... ................22 A. Natal and Adoption Leave with Pay ............................. .................22 B. Natal and Adoption Leave without Pay ......................... ................ 22 ARTICLE IV GRIEVANCE PROCEDURE ......................................... ................22 § 1 Purpose ......................................................................... ................22 § 2 Objectives ......................................................................................23 § 3 General Provisions ...........................................................................23 § 4 Informal Grievance Procedure ............................................................ 24 § 5 Formal Grievance Procedure ..............................................................24 A. Step 1 .....................................................................................24 Fire Union MOU 2010.11.doc P-141 B. Step 11 ....................................................................................24 C. Step III ...................................................................................25 ARTICLE V DISC{PLINE ............................................................... ............... 26 ARTICLE VI SAFETY ................................................................... ................26 § 1 Compliance .................................................................... ................26 § 2 No Discrimination ............................................................ ................ 26 § 3 Safety Equipment ............................................................ ................ 26 § 4 Employee Responsibility ................................................... ................ 26 § 5 Minimum Staffing ............................................................. ................26 § 6 Smoking Policy ............................................................... ................ 27 § 7 Weather Related Mandatory Recall ..................................... ................ 27 ARTICLE VII MANAGEMENT RIGHTS ............................................ ................ 27 § 1 Scope of Rights .............................................................. .................27 § 2 Emergency Conditions ..................................................... ................ 28 ARTICLE VIII MAINTENANCE OF BENEFITS .................................. ................ 28 ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS ............... ................ 28 ARTICLE X PROVISIONS OF LAW ................................................ ................ 29 ARTICLE XI TERM ..................................................................... .................29 Fire Union MOU 2010-1 f.doc P-142 PREAMBLE This Memorandum of Understanding ("MOU" hereinafter) is made and entered into by and between the Rancho Cucamonga Fire Protection District ("District' hereinafter), and the Rancho Cucamonga Fire Fighters' Local 2274 ("Union" hereinafter). The terms and conditions contained in this MOU are applicable to all full- time employees within this unit and contain the complete results of negotiations concerning wages, hours and other terms and conditions of employment for said employees represented herein. ARTICLE I RECOGNITION Pursuant to the provisions of existing rules and regulations and applicable State law, District hereby acknowledges Union as the exclusive recognized employee organization for the representation unit, which includes non-management safety employees of District, who are employed on a full-time basis. ARTICLE II COMPENSATION § 1. Surve District will conduct a survey in accordance with the elements and procedures provided below. A. Timing: The survey will be completed and available for review by the District and Union no later than February 1 of any fiscal year in which this MOU remains in force. Survey data will be those compensation amounts known and in effect as of the February 1 survey date. In the event a survey agency has an MOU that extends beyond the end of the fiscal year during which the survey is pertormed, the survey elements known and scheduled to be in force as of July 1 will also be surveyed and reported. B. Survey Agencies: (1) City of San Bernardino, (2) Chino Valley Fire District, (3) City of West Covina, (4) City of Riverside, (5) City of Pasadena, (6) City of Ontario and (7) City of Corona. C. Survey Elements: 1. Top step base pay for Firefighter, Engineer, Captain and Fire Inspector; 2. Emergency Medical Technician pay or stipend; 3. Paramedic pay or stipend; 4. Agency pick-up of member contributions to the Public Employees' Retirement System ("PERS"); 5. Uniform pay; 6. Maximum employer contribution to medical, dental, vision and long term disability plans for new employees; and Fire Union MOU 2009-f0.doc P-143 7. Any other incentive or premium that 50% or more of the individuals in a given classification at an agency are eligible to receive, if it is also provided by more than 50% of the survey agencies, exclusive of the District. An individual is "eligible to receive" an incentive or premium if that individual can receive the item upon satisfaction of specified conditions (if any), without limits as to the number of individuals who can receive the incentive. For example, if a specialized training incentive is available to each individual who achieves the specific technical qualifications, the individual is "eligible to receive" that incentive even if he or she has not yet attained the technical certification that is required to actually receive it. Conversely, if a department offers a premium that requires training but only grants that premium to a limited number of individuals or only to individuals in a certain limited number of assignments, the number of individuals above the limit are not eligible to receive the premium. In those instances the stipends may be reviewed and discussed on an individual basis. D. Survey Procedures and Uses: Any survey element that is expressed as a percent of salary will be converted to a dollar amount using the top step base pay for the class cation and agency involved. Multi-tiered survey elements involving medical benefits or other health and welfare benefits will be surveyed based on the compensation provided to new employees for that element. If applicable, other multi- tiered incentives will be surveyed at the highest amount of incentive pay obtainable, so long as the thresholds in Item C.7 are met. For comparison purposes in determining a market average, the high and low agency (of those that receive any given benefit) will be dropped for each salary element, except base salary, where all survey agencies will be used. After dropping the high and low agency, the mean average for the applicable survey element will be calculated. The resulting average numbers for each survey element will be added together to determine a cumulative average total compensation. The results may be used for comparison purposes in negotiations involving future compensation adjustments. There is no obligation to implement any salary element or to make any compensation adjustment based on the survey results and the parties acknowledge that other factors, including revenue, staffing, PERS contributions and other post employment benefit ("OPEB"} costs play a significant factor in the ability of the District to implement any survey element. Example: 1. Look at a particular benefit at the maximum level achievable (in this example highlighted in yellow for each city): Ci of San Bernardino Benefit X - 7% Chino Valle .Fire District N/A Ci of West Covina Benefd X - 3% or 5% Ci of Riverside Benefit X - 5%; 10% or 15% Ci of Pasadena Benefit X - 3% or 6%. Ci of Ontario N/A ~ Ci of Corona Benefit X - 2% Fiie Union MOU 2010.11.doc P-144 2. Drop high (Riverside 15%) and low (Corona 2%) from among the five agencies that offer the benefit. 3. Average remaining three cities [(W.C 5% + Pasadena 6% + S.B 4. Thus Benefit X for market comparison purposes is assumed to be 6%. § 2. Salary Plan A. Salary Adjustment There shall be no (0%) cost of living adjustment during the term of this agreement. B. Salary Ranges The base salary ranges for all classes in the bargaining units shall consist of ranges having five (5) steps, labeled A through E, with approximately five percent (5%) between each step. Placement within the range shall be in accordance with the following: 1. Safarv on Appointment New employees shall be compensated at Step "A" of the salary range to which their class is allocated. If unusual recruitment difficulties are encountered or a candidate is exceptionally well qualified, appointment at a higher step in the salary range may be authorized by the Fire Chief. 2. Merit Salary Adjustments Advancement within a salary range shall not be automatic, but shall be based upon job performance and granted only on the recommendation of the employee's supervisor and approval of the Fire Chief. Employees shall be considered for merit salary increases in accordance with the following: a. Employees who are placed at Step A upon original employment, reinstatement, or promotion are eligible for a merit salary review after six (6) months of service. Subsequent merit salary review dates shall fall upon the completion of twelve (12) month service intervals. b. Employees who are placed at Step B or above upon original employment, reinstatement, or promotion shall be eligible for a merit salary review after six months of service. Subsequent review dates shall fall upon the completion of twelve (12) month service intervals. c. The granting of an official leave of absence of more than thirty (30) continuous calendar days, other than military leave, shall cause the employee's merit salary review date to be extended the number of calendar days he or she was on leave. d. If, in the supervisor's judgment, the employee's performance does not justify a salary increase on the review date, the employee shall be reevaluated before the expiration of six (6) months dating from the employee's review date. If the Fire Union MOU 2010.11.doc P-145 period of postponement exceeds three (3) months and the employee receives a salary increase, the employee shall be assigned a new review date based on the date the increase was granted. e. Authorized salary step increases shall become effective at the beginning of the pay period nearest the employee's review date. f. Should an employee's review date be overlooked, and upon discovery of the error, the employee is recommended for a salary increase, the employee shall receive a supplemental payment compensating him or her for the additional salary he or she would have received had the increase been granted at the appropriate time. g. The normal merit salary increase shall be one (1) step granted in accordance with the preceding. However, to reward outstanding achievement and performance, the Fire Chief may grant one (1) additional step increase not to exceed one (1) step in any (6) month period. h. In order to address a situation wherein application of this section would result in the inequitable treatment of employees and upon the recommendation of the Fire Chief and approval of the Board, an employee may be placed at any step in the salary range for his or her class. 3. Salary on Promotion An employee, who is promoted to a position in a class with a higher salary range than the class in which he or she formerly occupied a position, shall receive the nearest higher monthly salary in the higher salary range that would constitute a minimum five percent (5%) salary increase over his or her base salary rate, provided that no employee may receive a rate in excess of Step E of the promotional class. If the promotion occurs within sixty (60) days of a scheduled merit salary review date, the employee shall receive the merit increase (if otherwise entitled to it) and the promotional increase concurrently. The employee shall be given a new merit salary review date for purposes of future salary step advancement. The new date shall be based upon the effective date of the promotion. 4. Salary on Demotion An employee who is demoted to a position in a class with a lower salary range shall receive a new merit salary review date based upon the effective date of the demotion and receive a salary in accordance with the following: a. Disciplinary demotion -any designated salary step in the lower salary range which will result in the employee's receiving at least a five (5) percent reduction in pay. b. Non-disciplinary demotion -that salary step he or she would have received in the lower class if his or her services had been continuous in said lower class. Fire Union MOU 2010.11.doc P-146 5. Salary on Transfer An employee who is transferred from one position to another in the same class or to another position in a similar class having the same salary range shall receive the same step in the salary range previously received and the merit salary review date shall not change. 6. Salary on Position Reclassification When an employee's position is reclassified and the employee is appointed to the position, salary shall be determined as follows: a. If the position is reclassified to a class with a higher salary range than the former class, salary and merit salary review date shall be set in the same manner as if he or she had been promoted. b. If the salary of the employee is the same or less than the maximum of the salary range of the new class and the salary range of the new class is the same as the previous class, the salary and merit salary review date shall not change. c. If the salary of the employee is greater than the maximum of the range of the new class, the salary of the employee shall be designated as a "Y-rate" and shall not change during continuous regular service until the maximum of the salary range to which the class is assigned exceeds the salary of the employee. 7. Salary on Re-Employment An employee recalled after a layoff shall receive the same salary step in the range of the class which he or she was receiving upon layoff. 8. Salary on Rehire Upon rehire, an employee shall be placed at such salary step as may be recommended by the supervisor and approved by the Fire Chief. The employee's merit salary review date shall be based on the date of rehire. 9. Acting Pay Acting pay shall be one (1) step, approximately five percent (5%), above the affected employee's base salary rate. To receive acting pay the employee must: a. Be formally assigned duties appropriate to the higher class. b. Subject to C below, work in the higher class at least fifteen (15) consecutive work days, five (5) shifts for employees working twenty-four (24) hour shifts. Acting pay will be paid beginning with the sixteenth (16th) consecutive day worked in an acting capacity, sixth (6th) shift for employees working twenty-four (24) hours shifts. c. In any instance where it is reasonably anticipated at the commencement of the acting assignment that the assignment is likely to extend beyond fifteen (15) consecutive work days or five (5) shifts, the described five percent (5%) Fire Union MOU 2010.11.doc P-147 acting pay shall commence being earned from the first day/shift of the acting assignment. 10. Salary on Change in Range Assignment When a class is reassigned to either a higher or lower salary range by the Board, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the step he or she was receiving in the former range. 11. Premium Pay -Haz-Mat The number of personnel maintained on the Haz-Mat team is determined by the needs of the District. The decision as to the number of personnel on the team is made by the District. Personnel on the team must maintain their state certification, membership in the West End Hazardous Assistance Team, attend reasonable training sessions deemed necessary by the District, and agree to remain members of the District's Haz-Mat Team for a period of 3 years. Training to maintain status on the team shall be at District expense. Members who meet the above requirements shall be compensated for their involvement by being paid a dollar amount equal to five percent (5%) of Step E of the Fire Engineer class. 12. Bi-Lingual Compensation Bargaining Unit members who qualify for bi-lingual pay shall be compensated at the rate of Seventy-five Dollars ($75.00) per month. Employees must pass an examination demonstrating their proficiency in the Spanish, Chinese or Korean languages.. 13.Paramedic Compensation Regardless of the classification of unit members who are eligible for paramedic compensation, said compensation shall be the equivalent of 12.13% of the unadjusted top step base salary of the Engineer classification. 14. Field Training Officer The District agrees to provide a stipend that is equivalent to 9.3% percent of Step E of the Fire Captain class, to the Field Training Officer position, or employee who is charged with these duties. § 3. Work Periods and Overtime A. Work Periods 1. The work period for shift personnel is fourteen (14) days. Overtime is paid for time worked in excess of one hundred six (106) hours in the period. 2. The work period for forty (40) hour personnel is seven (7) days with overtime being time worked in excess of forty (40) hours in the period. 3. Newly hired, trainee firefighters who are students at the RCFD Fire Academy shall work a 48-hour per week schedule, inclusive of a paid meal period and breaks. Fire Union MOU 2010-11.UOc P-148 B. Work Shifts 1. All twenty-four (24) hour work shifts begin at 0800 and end at 0800 the following day, twenty-four (24) hours thereafter. 2. Ten (10) hour work shifts begin at 0700 and end at 1800. C. Flex Time 1. The work schedules of employees assigned to other than fire suppression are subject to change depending on needs of the service or desires of the concerned employee(s) (see item 3). 2. The District shall not change work schedules when the sole purpose of the change is to avoid payment of time and one-half for overtime. This however, is not to be interpreted as preventing a schedule change upon the mutual agreement of the District and affected employee. 3. Employees may request schedule changes to address personal interests. Whenever possible such requests will be accommodated, provided however, that needs of the service as determined by the District will take precedence over employee preferences. 4. The District will not effect schedule charges but for good and sufficient cause. D. Overtime Pay 1. The rate of pay for overtime hours worked shall be at the rate of time and one-half (1.5) the regular rate of pay, for those employees eligible for overtime. 2. For purposes of computing overtime pay under the Fair Labor Standards Act, military leave shall not be considered hours worked. Holiday, vacation, sick, and injury leave shall be considered as hours worked for purposes of computing overtime. District shall implement the inclusion of holiday and sick leave hereunder effective the first day of the first full pay period commencing after February 5, 1997. District further agrees to provide to each unit member the estimated cash value thereof {three tenths of one percent (0.3%)) from July 1, 1996 through the date of implementation thereof hereunder. 3. For the purpose of this section, work time shall not include traveling to or from the normal work site. 4. All full-time employees who are called back to work from off-duty as a result of an emergency, shall be paid at the rate of time and one-half for any hours worked, with a minimum of two (2) hours pay for each emergency recall. Employees required to work more than fifteen (15) minutes shall be compensated for a minimum of one (1) hour; any time worked over one (1) hour will be paid in one-half hour increments. (Fifteen (15) minutes work shall constitute one-half hour.) For purposes of this section, work time shall not include time spent in traveling to and from the work site. 5. Employees required (held over) to work more than fifteen (15) minutes overtime shall be compensated for a minimum of one (1) hour. Any overtime worked in excess of one (1) hour will be paid in half hour increments. Provisions shall Fire Union MOU 201411.doc P-149 be made for an equitable distribution of overtime, consistent with efficient operations of the District. 6. Employees may be subject to recal! to be placed on overtime to-fill vacancies created by District wide training programs. of a class wide nature. Employees must receive at least two (2) weeks notice of recall. E. Call Back A minimum of two (2) hours of work time will be credited to an employee who responds to a District call to come to work during off-duty hours. This section is not to be interpreted as requiring said minimum in the event of an extended work day or when the employee begins his or her regular work shift before the normal starting time. F. 4/10 Schedule With the 4/10 implementation, employees who experience hardship due to child care issues, may request alteration of their schedule by taking a 1/2 hour lunch and arriving at work 112 hour late or leaving work 1/2 hour early. Additionally, employees who carpool at least 60% of the pay period and 60% of the distance into their assigned workplace are eligible to leave 1/2 hour early from work or arrive 1/2 hour late. § 4. Uniform Allowance A. The District shall provide three (3) sets of work uniforms for each employee who is required to wear a uniform prior to his or her starting date. Suppression members must buy their own class A uniforms at the completion of probation. B. Effective Fiscal Year 2010/11 the Fire District shall provide $687.50 annually to all safety members for the purchase and maintenance of uniforms required in the performance of their job duties. C. Effective Fiscal Year 2011/12 and continuing thereafter, the uniform allowance shall be increased to $875.00 annually. § 5. Employee Groua Insurance District agrees to provide group insurance plans in accordance with the following (see also attached PEHMCA Agreement): A. Health Insurance 1. District will provide medical insurance through the State of California Public Employee's Medical and Hospital Care Program. 2. District shall provide fully paid employee and family health insurance for all existing full-time continuous and retired employees as of November 17, 1994. Such health benefits are vested for all full time continuous and retired employees as of November 17, 1994. Fire Union MOU 2010.1 i.doc P-150 3. District shall provide fully paid employee and family health insurance for all full-time continuous employees hired after November 17, 1994, at the lowest, fully paid insurance plan offered by the "Public Employees Medical and Hospital Care Program." 4. All new full-time continuous employees hired after November 17, 1994, shall be responsible for paying their premiums for medical insurance through the State of California Public Employees Medical and Hospital Care Program, upon their retirement. 5. Cash compensation in lieu of medical benefits in the amounts of $200.00 for single employees or $300.00 for employee's dependents, may be provided to those employees that can verify that their spouse and/or family can provide full health insurance. Selection of compensation shall be at the employee's discretion. The employee may reenter the District's health plan at any time. B. Dentallnsurance District shall continue to provide fully paid employee and family dental insurance plan for all full-time continuous employees. C. Vision Insurance The District shall continue to provide vision care coverage for all full time continuous employees. D. Life Insurance All full-time continuous employees shall be provided a term life insurance policy of $30,000, paid by District. § 6. Reimbursement for Approved College and University Courses Effective July 1, 2001, (July 1 through and including the following June 30) reimbursements by the District of the following enumerated college and/or university course expenses shall not exceed two thousand three hundred dollars ($2,300.00) during any fiscal year. Eligibility for said reimbursement in an amount not to exceed $2,300.00 in any one fiscal year shall be contingent upon a determination by the Fire Chief or his designee that all of the following conditions exist: 1. Expenses shall be incurred as regards coursework undertaken at a college or university that is accredited by a nationally recognized accrediting agency approved by the United States Secretary of Education and found on the United States Department of Education website. 2. The applicant for reimbursement shall present to the Fire Chief or his designee documentation prepared by the accredited/licensed college or university which evidences the applicant's receipt of a grade of "C" or better (or a "pass" in a pass/fail class) as regards each class for which reimbursement is sought. (Where an employee is simultaneously enrolled in multiple approved classes and does not receive a "C" or "pass" in any one or more of such classes, the amount of expenses subject to District Fire Union MOU 2010-1 f.doc P-151 reimbursement shall be reduced and/or as appropriate, pro-rated to reflect no reimbursement being made for expenses related to classes where the minimal grade was not received}. 3. Eligibility for reimbursement for said expenses shall be confined to either: 1) those courses that in and of themselves consist of curriculum which is predominantly related to the development of skills reasonably anticipated by the District to enhance the applicant's job performance (by means of anon-inclusive example only, art classes would not qualify for reimbursement); or 2) where the employee has declared a major which is job-related as set forth in this § 3(1), to those classes which must be completed as a condition precedent to successful completion of the course of study in the selected major. 4. Eligibility for reimbursement upon completion of coursework shall be predicated upon the Fire Chief or his designee making a written determination prior to the affected employee's enrollment in the course(s) for which reimbursement is later sought, that the coursework is offered by an accredited college or university and that the above-described job nexus does exist. The determination of the Fire Chief or his designee in such regards shall be final. 5. The costs which shall be subject to reimbursement are limited to the following: 1) tuition, 2) books, 3) supplies, 4) parking and 5) laboratory. In addition to all other conditions precedent to reimbursement set forth in this section, prior to reimbursement being approved, written receipts shall be provided to the Fire Chief or designee and shall evidence each expenditure for which reimbursement is sought. §7. Retirement Plan A. Benefits 1. District is enrolled in the State of California Public Employee's Retirement System. All benefts provided District employees under the Districts Plan are paid by the District. Present benefits for public safety employees include the following: § 21362:2 3% at 50 Full Formula § 21574 1959 Survivor Benefits, Fourth level § 20615 Payment of Normal Member Contributions § 20024.2 .One Year 'rlighest Compensation B. Conversion -Union Effective July 1, 1989 employees aged 49 or over shall be permitted to convert member contributions to PERS paid by the District to salary for the purpose of establishing a higher base salary, for the last year of apre-determined year of retirement. The employee shall then be responsible for paying said contributions. C. Military Service Buy-Back District provides for employees to buy back military service credit at the employee's own expense pursuant to PERS regulations. Fire Union MOU 2010-11. doc P-152 § 8. Work Related Injuries All management and non-management, non-safety and safety District employees are entitled to full salary and benefits when they sustain an on-the-job work related injury for up to one (1) year. (See: California Labor Code § 4850 for provisions). Although § 4850 covers only safety personnel, District is extending this same benefit to non-safety employees. Temporary disability payments received during any injury period shall be returned to District. § 9. Carpooling Those employees participating in a carpool during going to and coming from their residence and work site shall not be in receipt of a reduced workday. Rather, those employees participating in a "carpool" shall be accorded the following benefit: Eligible carpool employees shall be regular, full-time employees who voluntarily participate in and file a "ride share application agreement." Eligibility for ride share-related benefits is conditioned upon: 1. Each affected regular and full time employee shall ride share with another person(s) in a car or vanpool. 2. to the alternative, each affected regular and full time employee shall drive to and from work other than in an automobile. For example, such transportation may include a bicycle, public transportation, walking. 3. Eligibility for ride share benefits shall be conditioned upon 1) the regular and full time employee so participating 60% of the total work days during a given month, 2) ride sharing for at least 60% of the commute distance, and 3) ride sharing between the hours of 6 and 10 a.m. of the employee's scheduled work shift. Individuals meeting the above qualifications shall earn $2 for every day that the employee ride shares, paid at the end of each quarter. Further, the City is desirous of devising some type of "drawing" to provide a singular person on a monthly basis with an item of value in recognition of ride sharing. 10. IRS 125 Plan District shall implement authorized pre-tax payroll deduction of out-of- pocket medical contribution premiums. Said pre-tax payroll deduction shall only be used for the purpose of paying the difference between the amount of District funded premiums for District-provided health insurance plans, and the amount of out-of-pocket premium payments borne by the employee regarding District-provided plans. In order to allow for employee contributions to the following plans/account, during the term of this MOU, the parties shall develop and implement a Medical Savings Account to be administered by the ICMA or other entity agreed upon by the parties, with said Medical Savings Account either supplementing or replacing the IRS 125 Plan described in this Article 10. Fire Union MOU 2010.1 f.doc P-153 § 11. Voluntary Employee Benefit Association The City has established a Voluntary Employee Benefit Association (VEBA) through the California Government Voluntary Employee Benefit Association to assist employees with planning for future health care expenses. Represented employees are allowed a one time election to opt into the plan. Represented employees shall be eligible to participate in the plan according to a schedule to be established as an addendum to this MOU. Contributions to the Plan shall be made as District contributions through a salary reduction arrangement and are made on a pre-tax basis in accordance with IRS provisions. No employer contributions are to be made to the Plan. At the discretion of the Union, employee contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. ARTICLE III LEAVES § 1. Holidays A. Holidays are those days which District designates as observed holidays. Holiday leave is a right, earned as a condition of employment, to a leave of absence with pay. The holidays designated by District are as follows: 40 Hour Personnel January 1 ........... ........New Years Day January .............. ........Martin Luther King's Birthday (3rd Monday) February ............ ........President's Day (3rd Monday) May ................... ........Memorial Day (last Monday) July 4 ................ .........Independence Day September ........ .........Labor Day (1st Monday) November 11 .... .........Veterans Day November ......... .........Thanksgiving (4th Thursday) November ......... .........The day following Thanksgiving December 24 .... .........The day preceding Christmas December 25 .... .........Christmas Three (3) discretionary (floating) days may be taken by an employee at his or her convenience, subject to approval by the supervisor. The thirty (30) hours for the three (3) floating holidays shall be credited to the employee at the start of pay period No. 1 of each calendar year. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. 56 Hour Personnel January 1 .......... ......New Years Day January 18 ........ .......Maitin Luther King's Birthday February 12 ....... ......Lincoln's Birthday Fire Union MOU 201411. doc P-154 February 22 ......... ....Washington's Birthday May ................... .....Memorial Day (last Monday) July 4 ................. .... Independence Day September .......... .....Labor Day (1st Monday) September 9....... .....Admissions Day October 12 .......... .....Columbus Day November 11....... .....Veterans Day November ........... .....Thanksgiving (4th Thursday) November ........... .....The day following Thanksgiving December 24...... ......The day preceding Christmas December 25...... ...... Christmas B. Employees shall accrue holiday time as follows: Type of Per Personnel Holiday Annually Shift Personnel 12 hours 168 hrs 40 Hour Personnel 10 hours 140 hrs Maximum Accrual 216 hours 180 hours C. No District employee will be allowed to exceed the maximum accrual at any time. As excess holiday time is earned, it must either be taken as time off or be paid for by District. D. Effective pay period No. 1 of each year (which normally occurs mid to late December of each year), holiday time shall be accrued by the employees within the pay period in which it occurs. 1. District will buy back all or part of accrued holiday time at the then current hourly rate, if a request is made (in writing) by November 30th specifying holiday balance and exercising the option to sell back. 2. Holidays may be used as scheduled time off with the approval of the supervisor. E. Distrcf employees will be advised, in writing, within the pay period prior to the time that maximum holiday accrual is reached or that they are approaching their maximum accrual. F. Any employee who is on vacation or sick leave when a holiday occurs will not have that holiday charged against his or her vacation or sick leave. G. Forty (40) hour personnel who obtain prior approval from their immediate supervisor to work a holiday will be allowed to bank that holiday at straight time. If a 40-hour employee who is eligible to receive overtime compensation is recalled to work on a holiday, that holiday will be banked at time and a half (1.5) for the number of hours actually worked that day. Fire Union MOU 2010.11.doc P-155 § 2. Holiday Facility Closure Certain City Facilities shall close for three days during the period December 24, 2010 through January 2, 2011. City Hall and the City Yard shall close December 27, 28 and 29. Closure dates for other City facilities shall be determined by the City in order to balance the impact on public services with the need for cost savings. During this closure, affected employees may take paid leave from holiday, management leave, and compensatory time or vacation accruals. § 3. Vacation Leave A. Vacation leave is a right to a leave of absence with pay. It is earned as a condition of employment. All full-time employees shall, with continuous service, accrue working days of vacation monthly according to the following schedule: 40 hour personnel Years of Completed Service 1-3 years 4-7 years 8-10 years 11-14 years 15-19 years 20-24 years 25+ years Years of Completed Service 1-3 years 4-7 years 8-10 years 11-14 years 15-19 years 20-24 years 25+ years Annual Maximum Pay Period Accrual Accrual Accrual Rates 85.72 hours 192.0 3.297 128.57 hours 272.0 4.945 171.43 hours 353.0 6.593 188.58 hours 353.0 7.253 205.72 hours 353.0 7.912 222.85 hours 353.0 8.572 240.00 hours 353.0 9.231 Shift Personn el Annual Maximum Pay Period Accrual Accrual Accrual Rates 120 hrs/5 shifts 288.0 4.615 180 hrs/7.5 shifts 408.0 6.923 240 hrs/10 shifts 528.0 9.231 264 hrs/11 shifts 528.0 10.154 288 hrs/12 shifts 528.0 11.077 312 hrs/13 shifts 528.0 12.002 336 hrs/14 shifts 528.0 12.923 B. An employee who, as of July.1 of any given year, has completed 10, 15, 20 or 25 years of service shall receive a onetime credit of 24 hours of vacation, if a shift employee, or 10 hours, 'rf a 40 hour employee. The employee shall,-beginning the 11th, 15th, 20th, and 25th year, accrue vacation at the appropriate pay period accrual rate. C. The District will notify employees, in writing, within the pay period prior to the time that maximum vacation accrual will be reached that the accrual is Fire Union MOU 2010.11. doc P-7 56 approaching that maximum. The employee will then be required to (1) schedule time off or, (2) receive pay in lieu of time off so as to not exceed the maximum accrual. D. Any full-time employee who is about to terminate employment and has earned vacation time to his or her credit, shall be paid for such vacation time on the effective date of such termination. When separation is caused by death of an employee, payment shall be made to the estate of such employee. § 4. Sick Leave Sick leave is the authorized absence from duty of an employee because of physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease,•or for a medical, optical, or dental appointment. A. Full-time Emolovees 1. Sick leave is that amount of leave designated by District. 2. All employees shall be entitled to sick leave as follows: Personnel Monthly Annual Accrual Max. Accrual 40 hr Personnel 10 hours 120 hours No limit Shift Personnel 12 hours 144 hours No limit (1/2 shift) (6 shifts) 3. Sick leave with pay may be used for: a. Any bona fide illness or injury. b. Quarantine due to exposure to contagious disease. c. Any treatment or examination included to, but not limited to, medical, dental, eye, or psychiatric examinations. d. Not more than twelve (12) days for 40-hour employees or six (6) shifts for shift personnel of sick leave each calendar year in case an employee's presence is required elsewhere because of sickness, disability, or child birth of a member ofhis/her immediate family, as defined in District Personnel Rules. B. No employee shall be entitled to sick leave with pay while absent from duty for the following causes: 1. Disability arising from sickness or injury purposely self-inflicted or caused by his or her own willful misconduct. 2. Sickness or disability sustained while on leave of absence. C. Sick leave shall not be used in lieu of or in addition to vacation. D. The Fire Chief reserves the right to require evidence in the form of a physician's certificate whenever an employee is absent and requests sick leave for the period of absence, excepting personal leave (see Section 5). Fire Union MOU 2010-11_doc P-157 E. Any employee absent from work due to illness or accident, may at the discretion of the Fire Chief, be required to submit to a physical examination before returning to active duty. Such physical examination shall be performed by a physician specified by District and shall be at District expense. F. Termination of an employee's continuous service, except by reason of retirement or lay-off for lack of work or funds shall abrogate all sick leave and no payment will be made by the District for sick leave accrued to the time of such termination regardless of whether or not such employee subsequently reenters District service. G. Any employee incurring a serious injury or illness while on paid vacation leave may have those days of illness changed to sick leave with pay and vacation days restored accordingly, provided the employee has sufficient sick leave accrued and the period of illness is certified by a written doctor's statement. N. Employees with ten (10) or more years of service shall be eligible to convert unused sick leave to vacation in accordance with the following: 1. Shift employees who in the preceding calendar year have accrued 108 to 144 (90 to 120 for 40-hour week employees) unused hours of sick leave earned in that preceding calendar year, may exercise the option of having one-half (1/2) of that unused sick leave accrued in the preceding year converted to vacation leave and the remainder carried over as accrued sick leave. 2. Those members of this unit who have accrued 72 to 108 (60 to 90 for 40-hour week employees) unused hours of sick leave earned in the preceding calendar year may exercise the option of having one-fourth (1/4) of the unused sick leave accrued in the preceding calendar year converted to vacation leave and the remainder carried over as accrued sick leave. 3. Any employee who qualifies to convert sick leave to vacation leave must submit a written request to the District on or before January 15th of the year in which the conversion is to be made. I. Upon the service retirement of an employee, the employee will have the option of selling back to the District up to one-half of the total accumulated unused sick leave at his or her then current hourly rate, or the employee may apply unused accumulated sick leave toward service time for retirement, in accordance with the Public Employees' Retirement Law, California Government Code § 20862.8. Sick leave bought back by the District may not be applied for service credit, but the sick leave remaining after the "buy-back" may be credited as service time in accordance with the above- mentioned law. § 5. Conversion Factor Effective April 1, 1990, the factor used to convert the accruals for forty (40) hour per week personnel to fifty-six (56) hour per week personnel will be: Fire Union MOU 201411.doc P-158 Vacation, sick leave, and holiday: Work Week Basis Vacation 40 Hour 56 Hour Conversion Factor 1-3 years 85.72 120 1.5 4-7 years 128.57 180 1.5 8-10 years 171.43 240 1.5 11 - 19 years 188.58 264 1.57 20-24 years 196.58 288 1.57 25+ years 204.58 312 1.57 Holiday 140 168 1.5 Sick 120 144 1.5 (40 to 56) EXAMPLE (8-10 year employee) Employee Benefits Vacation = 100 hours Holiday = 72 hours Sick = 3v0 hours 472 total hours x 1.5 (factor) = 708 hours total Note: If an employee goes forma 56 to 40 hours basis, the conversion will be the reciprocal of 1.5 or .667. § 6. Personal Leave A. The employee shall be granted one (1) day paid personal leave to attend the funeral of a close relative not in the employee's immediate family. B. An employee required to appear before a court for other than subpoenas due to actions as a District employee or jury duty will receive the necessary time as paid personal leave, providing: 1. He of she notifies his or her supervisor or Duty Chief in advance, with adequate time remaining so that a relief may be obtained. 2. The employee must return to duty within a reasonable time after the appearance. C. Personal leave will be charged against any time the employee has accrued, such as sick leave, vacation, and compensatory time, at the employee's option. D. Employees can use up to twenty (20) hours of accrued sick leave as personal leave. These twenty (20) hours can be used incrementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for emergency situations requiring the employee's attention and needs to be cleared with their supervisor when using this time. Fire Union MOU 2010.11.doc P-159 § 7. Bereavement Leave A. 40-hour Personnel In the event of a death in the employee's immediate famiily, the employee shall be granted three (3) days paid bereavement leave. A maximum of five (5) days paid bereavement leave shall be granted if there is a death in the immediate family outside the state boundaries. B. Shift Personnel In the event of a death in the employee's immediate family, the employee shall be granted two (2) shifts paid bereavement leave. A maximum of three (3) shifts paid bereavement leave shall be granted if there is a death in the immediate family outside the state boundaries and the employee attends the services. C. Immediate Family is Defined as: Spouse, children, stepchildren, stepfather, stepmother, parents, brother, sister, grandfather, grandmother, grandchild, and the employee's mother-in law, father-in-law or grandparents-in law. § 8. C:,maensatory Time A. In lieu of overtime pay, a represented employee, at the employee's option, may be compensated with compensatory time off (CTO). CTO will accrue at the rate of one and one half hours for each hour worked. An employee may accumulate a maximum of 96 hours of CTO. Once an employee accumulates 96 hours of CTO, any additional overtime hours will be paid to the employee in the period earned. Represented employees will not be permitted to accrue CTO hours above the 96 hour maximum. In addition, all hours remaining in a represented employee's CTO accrual "bank" will be paid to the employee at the end of the fiscal year. All CTO accounts will be zeroed out at the end of each fiscal year. B. Compensatory time may be earned for required attendance at special meetings of the Board of Directors and District Committees, except when such meetings are held in lieu of a regularly scheduled meeting or when. such meetings are called and/or scheduled as part of the annual budget preparation process and annual audit. C. Compensatory time may also be earned for special and/or unusual work situation not provided for in the preceding paragraphs. § 9. Military Leave A. Every employee who is a member of a state or federal reserve military unit shall be entitled to be absent from service with District while engaged in the performance of ordered military duty and while going to or returning from such duty in accordance with the laws of the State of California or federal government. B. Employees are entitled to thirty (30) days paid military leave in any one fiscal year, provided they have been employed by the District for one (1) year prior to Fire Union MOU 2010.11. doc P-160 this leave. Any employee with less than one (1) years', service must use accrued annual leave or compensatory time if he or she wishes to receive normal pay. C. Employees who are called or volunteer for service with the armed forces of the United States shall be entitled to reinstatement to their former positions. Upon application for reinstatement, the individual must display a certificate showing service was other than dishonorable. However, any individual possessing right of reinstatement automatically forfeits these rights upon voluntary enlistment for a second term. D. Any employee returning from service with the armed forces shall be entitled to such length of service seniority as would have been credited to them had they remained for that period of time with the District. E. An employee who was in a probationary period at the time of military leave shall, upon return, complete the remaining portion of the probationary period according to the then present rules. F. An employee promoted to fill a vacancy created by a person serving in the armed forces shall hold such position subject to the return of the veteran. The employee affected by the return shall be restored to his or her former position or one of a similar ~ nature while the returning employee resumes the position he or she previously held. § 10. Jurv Duty Any member of District who is called or required to serve as a trial juror may be absent from duty with District during the period of such service or while necessarily being present in court as a result of such call. Such member on jury duty will continue to receive normal pay, provided he or she: A. Notifies his or her supervisor or Duty Chief in advance, with adequate time remaining so that a relief may be obtained. B. Returned to duty within a reasonable time after being released with a signed certificate of service from the court stipulating the hours of service and release time. This certificate may be obtained by asking the court secretary or bailiff. The employee then forwards it to his or her supervisor or Duty Chief. C. Pay received for service while absent from District must be turned over to District, however, pay received while off duty may be kept by the employee. D. All personnel called for jury duty must abide by all of the above rules and must return to work if dismissed before the end of their regular work shift. § 11. Civil Subpoena/Criminal Subpoena A. Civil Subpoena When members of District have been served a civil subpoena to appear in court as a witness due to actions as a District employee, the following procedure shall be followed: Flre Unlon MOU 2010-i f.doc P-161 1. Personnel will be paid at their regular hourly rate while they are in court. Per Fire District Rules and Regulations such appearances shall be considered "hours worked" for purposes of computing overtime eligibility in accord with applicable rules and Memoranda of Understanding. 2. District transportation will be provided when available. If the employee uses his or her own transportation, he or she will be reimbursed by District at the prevailing mileage rate. 3. If the employee is required to appear in a court that is outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal and/or lodging, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the department head. B. Criminal Subpoena 1. Pursuant to California Penal Code § 1326, et. seq., if an employee is served with a criminal subpoena, the employee will be paid at the regular hourly rate while in court.. Per Fire District Rules and Regulations such appearances shall be considered °hours worked" for purposes of computing overtime eligibility in accord with applicable rules and Memoranda of Understanding. 2. District transportation will be provided when available. If the employee uses their own transportation, they will be reimbursed by District at the prevailing mileage rate. 3. If the employee is required to appear in court outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the department head. 4. A criminal subpoena need not have a court stamp afFxed. § 12. Leaves of Absence Without Pay A. Upon the written request of the employee, a leave of absence may be granted for a period not to exceed thirty {30) days by the Fire Chief, or a period not to exceed one (1) year by the Board of Directors. B. Failure of the employee to return to his or her employment upon the termination of an authorized leave of absence shall coristitute a separation from service of that employee. C. Leave of absence without pay granted by the Board shall not be construed as a break in service or employment. During these periods, vacation, holiday, or sick leave credits shall not accrue. An employee reinstated after a leave of absence without pay shall receive the same step in the salary range received when he or she began the leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range. For purposes of this section, the employee's merit increase eligibility date shall be adjusted to the date of reinstatement. Fire Union MOU 2010.11. doc P-162 D. An employee on an approved leave of absence without pay may continue medical insurance coverage by paying the full cost to District, in advance, for each month, or portion thereof, of which he or she is absent. §13. Union Leave Bank In addition to'any other paid time off provided to the Association's Board of Directors under any other provision of this MOU, existing rules, regulations or practices, there is hereby created a Union Leave Bank for the sole and exclusive use of the Union. Each active member of the Union shall have 0.9230 hours of vacation leave irrevocably deducted from his or her vacation or holiday leave accrual each biweekly pay period. Twice each year, in January and July, the Union Executive Board shall have the authority to amend the deduction described above. If such an amendment is approved, the Union President shall notify the Finance Director in writing of the new deduction amount. The new deductions shall be accomplished as soon as practical. The District will deduct the hours from vacation time first, and then from accrued holiday time. A member can notify the Finance Director by the first Monday in August of each year if they want the time deducted from accrued holiday leave time first, and then accrued vacation leave time. Said hours shall be deposited into the Union Leave Bank. Each pay period the Finance Director, or his or her designee, shall furnish the Union President, or his or her designee, with an accounting of the Union Leave Bank in the form of a Leave Hours Balance Report. The report will include that pay period's beginning balance, new deposits, hours used, and the remaining balance of hours. A Union member desiring to use available Union Leave must obtain a memo authorizing the use of such leave from the President of the Union, or his or her designee. The authorization must specify the amount of time that is to be used, and the business or activity that it is to be used for. The memo authorizing the use of Union Leave time must be attached to the time card in which the Union Leave time is requested. In no event will Union Leave be used for any activity, whatsoever, related to a City of Rancho Cucamonga City Council election and/or City of Rancho Cucamonga ballot measure. Once approval is obtained, and 'rf time is available in the Union Leave Bank, the Union member shall designate the time used on the time card for the pay period as "Union Leave" and attach the memo approving the use of the time to the time card. The Union member shall be paid at his or her regular rate of pay for each such time. Union Leave may only be used in increments of one hour. If the Union member will be absent from work on Union Leave, the member must follow the rules and procedures set forth in the Situational Staffing Policy (1-012). In the event the Union is dissolved or the Union Leave Bank is discontinued by agreement of the parties, any remaining balance shall be distributed as vacation time evenly to all active employees of the Union at the time of such distribution. The distribution of hours will occur without regard to an individual employee's regular rate of pay. At any time should the District's budget analysis indicate a need to reduce administrative overtime programs, the use of the Union Leave Bank can be temporarily Fire Union MOU 2010-f f.doc P-163 suspended by the Fire Chief, or his or her designee. The Fire Chief will analyze the use of administrative overtime at the end of each quarter, using the following gauges: i) 1er Quarter no more than 24%; ii) 2"d Quarter no more than 47%; iii) 3`~ Quarter no more than 74%; and iv} 4"' Quarter within the adopted budget. If at the end of any quarter the respective gauge is exceeded, the District will notify the Union President in writing of the need to temporarily suspend the use of the Union Leave Bank, except for previously approved uses. Such notification will become effective at the beginning of the next pay period following the date of the notification. The District will analyze the overtime expenditures every 60 days from the date of the written notification and will determine when the temporary suspension can be removed. The temporary suspension will automatically be removed at the beginning of the first pay period that falls into a new fiscal year. The District shall jointly administer the Union Leave Bank with the Union, as specified herein, without charge to the Union or its membership. The District will be provided, on an initial basis for all current employees, and following that on an ongoing basis for new employees, written confirmation that the Union member(s) have agreed to subject themselves to the Union Leave Bank requirements. § 14. Natal and Adoption Pay A. Natal and Adoption Leave With Pav Employees are granted up to 2 days natal and adoption leave with pay for the birth or adoption of a child, however, use of the two paid days does not extend any time charged under FMLA or CFRA. Any paid time required beyond this initial 2 days must be charged to sick leave, vacation, compensatory or floating holiday time. B. Natal and Adoption Leave Without Pav The District shall provide employees up to four months natal and adoption leave for the birth or adoption of a child; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code section 12945), if applicable. The District's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence. ARTICLE IV GRIEVANCE PROCEDURE § 1. Purpose This article is intended to provide a fair and orderly procedure for the resolution of employee grievances involving wages, hours and terms and conditions of employment. A grievance is a claimed violatioh, misinterpretation, misapplication, or noncompliance with existing District codes, resolutions, rules, regulations, or this document. This grievance procedure shall not apply to disciplinary matters or to reviews of performance evaluation reports or to discharge of probationary employees. Disciplinary matters include all warnings, written reprimands, suspensions, reductions in Fire Union MOU 2010.11.doc P-164 pay, demotions, dismissal or any other action which consists of taking of property as said term is defined by the courts in the disciplinary context. § 2. Objectives The grievance procedure is established to accomplish the following objectives: A. To settle disagreements at the employee-supervisor level, informally if possible. B. To provide an orderly procedure to handle grievances. C. To resolve grievances as quickly as possible. D. To correct, if possible, the cause of grievances to prevent future similar complaints. E. To provide for atwo-way system of communication by making it possible for levels of supervision to address problems, complaints, and questions raised by employees. F. To reduce the number of grievances by allowing them to be expressed .and thereby adjusted and eliminated. G. To promote harmonious relations generally among employees, their supervisors and the administrative staff. H. To assure fair and equitable treatment of all employees. § 3. General Provisions A. Preparation of a grievance will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. B. Regarding a pending grievance, no individual or entity acting on behalf of the grievant shall contact any individual member of the Board of Directors, nor the Board of Directors as an entity, verbally, in writing, and/or through any other means of verbal, written or electronic communication. C. Failure of the grievant to comply with time limitations specified in the grievance procedure shall constitute a withdrawal of the grievance, except upon a showing of good cause for such failure. Failure of District supervisory or administrative staff to comply with specified time limitations shall permit the grievant to proceed to the next step in the procedure. EXCEPTION: Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. Mutually agreed upon. extensions of time shall be evidenced in writing. D. In the event a grievant elects to represent himself or herself or is represented by counsel other than that provided by the employee organization, the employee organization shall be apprised of the nature and resolution of the grievance if the issues involved are within the scope of said organization's representation rights. Fire Union MOU 2010.11.doc P-165 E. if an individual named in a dispute is unavailable within the time period specified in these procedures, time limitations can be extended by mutual agreement of the representatives of the respective parties. F. Any period of time specified in this rule for the giving of notice or taking of any action exclude weekends and holidays. A "day" as used in this Article shall mean a calendar day. If the last date to take action falls on a day that administrative offices are closed, the last date for action shall be extended to the next day during which administrative offices are opened. § 4. Informal Grievance Procedure Most problems or complaints can be settled if the employee will promptly, informally and amicably discuss them with his or her immediate supervisor. Such an initial discussion shall precede any use of the formal grievance procedure. If the immediate supervisor fails to reply to the employee within three (3) days, or the employee is not satisfied with the decision, the employee may utilize the Formal Grievance Procedure. § 5. Formal Grievance Procedure A. Step I The employee and/or representative shall present the grievance, in writing and signed, to his or her immediate supervisor within thirty (30} days of the date that cause for a grievance arises. An official grievance form must be used stating names, dates, times, place, and nature of grievance. The employee's supervisor shall attempt to resolve the grievance with the employee and shall submit his or her decision in writing to the employee within ten (10) days after receipt of the grievance. The employee shall have the right to appeal the decision of the supervisor to the Fire Chief. B. Step II 1. If the grievance is not resolved to the satisfaction of the employee, the grievant has ten (10) days following receipt of the written response from his or her supervisor to file a written appeal to the Fire Chief or designated representative. 2. Written appeal to the Fire Chief or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response of the employee's supervisor did not satisfactorily resolve the grievance and an indication of the action desired by the grievant. 3. After submission of the written appeal, the Fire Chief or designee shall reply within three (3) days, in writing, to the grievant regarding the grievance. In event of rejection, reasons for so doing will be included in the response. 4. The decision by the Fire Chief or designee shall address whether or not the grievance of the employee is grievable pursuant to the definition set forth in § 1 above and/or is timely filed or otherwise administratively prosecuted in a timely manner. In the event that the Fire Chief or designee determines that the employee's grievance is not defined as such by § 1 above and/or is not timely filed or otherwise administratively Fire Union MOU 2010-1 f.doc P-166 prosecuted in a timely manner, the Fire Chief or designee shall advise the employee that the matter is not grievable and the grievance shall proceed no further unless or until on application by the employee, a judgment is entered at the trial court level, indicative of the matter being jurisdictionally grievable pursuant to the definitions set forth in § 1 above and/or pursuant to requirements of timeliness. C. Step III If the grievance is not settled in Step II, binding arbitration may be invoked in accordance with the following: 1. The request for arbitration must be submitted within either ten (10) days of receipt of the decision of the Fire Chief, or of expiration of time for the Fire Chief to render a decision. 2. A "Fact Sheet" must be submitted to the arbitrator by both parties, stating the nature of the grievance and desired action. 3. The term "arbitrator," as used herein, shall refer to a single arbitrator. 4. A list of five (5) arbitrators shall be requested from the California State Conciliation Service. The hearing arbitrator shall be chosen by an initial flip of a coin, with the winning side, Board or grievant, having the first choice of either selecting the arbitrator or eliminating one (1) candidate. The turn shall then revert to the other side, who then can exercise the. same option. This procedure continues until either an arbitrator is agreed upon or there is only one (1) candidate remaining. 5. The arbitrator so selected shall hold a hearing at a time and place convenient to the parties involved. Statements of position may be made by the parties, and witnesses may be called. 6. The location and time of the hearing shall be mutually agreed upon by both parties. If an agreement cannot be achieved, each party will submit their location and time to be drawn by chance. 7. All expenses which may be involved in the arbitration proceedings shall be borne by the parties equally; however, expenses relating to the calling of witnesses or the obtaining of depositions or any other similar expenses associated with such proceedings shall be borne by the parry at whose request such witnesses or depositions are required. 8. Legal counsel may be obtained by either party if they so wish. Expenses for legal counsel shall be borne by the party obtaining such counsel: 9. Failure on the part of the DistricPs representative or grievant/grievant's representative to appear in any case before an arbitrator, without good and sufficient cause, shall result in forfeiture of the case and responsibility for payment of all costs of arbitration borne by the party failing to appear. 10.The decision of the arbitrator shall be final and binding upon District and appellant. Fire Union MOU 2010-f f.doc P-167 ARTICLE V DISCIPLINE District and Union have met and conferred and adopted a disciplinary procedure which amends District Personnel Rule XY.IV. This procedure conforms with California Government Code Sections 3250-3262, commonly referred to as the "Firefighter's Bill of Rights. ARTICLE VI SAFETY § 1. Comaliance District and employees in the Association shall conform to and comply with all health, safety, and sanitation requirements imposed by District, state or federal law or regulations adopted under state or federal law. § 2. No Discrimination No employee shall be in any way discriminated against as a result of reporting any condition believed to be a violation of Section 1 of this Article V. § 3. Safety Equipment Should the employment duties of an employee in the unit, in the estimation of OSHA, require use of any equipment or gear to insure the safety of the employee or others, District agrees to furnish such equipment or gear. § 4. Employee Resaonsibility In the course of performing their normally assigned work, employees will be alert to observe unsafe practices, equipment, and conditions; as well as environmental conditions in their immediate area which represent health hazards and will report such conditions to their immediate supervisor. All employees shall make certain that all power machinery is equipped with safety devices properly installed and in working condition and that co-workers use utmost care in the handling of tools and equipment. Employees shall report all accidents immediately to their immediate supeivisors. Reports shall be submitted on forms provided by District. § 5. Minimum Staffing The District shall maintain a minimum staffing level. Staffing of companies and units with 28 personnel shall consist of the following: A. Seven-three (3) person paramedic engine companies and two-three (3) person paramedic rescue or truck companies, consisting of 1 Captain, 1 Engineer and 1 Firefighter with any one rank being a certified paramedic. B. One (1) shift Inspector. Any reduction in these levels must be agreed upon through the meet and confer process. Fire Union MOU 2010-11.doc P-168 § 6. Smoking Policy Employees in Union have agreed to accept and abide by the District "Smoking Policy," as written and approved by the Chief in effect on July 1, 1996. § 7. Weather Related Mandatory Recall The definition of the High Wind Warning, Red Flag Warning and Flash Flood blaming shall be made by the Fire Chief or his/her designee as follows: A. High Wind Warning: winds are sustained at 40 mph or more, and/or gusts are present at 58 mph or more and are expected in less than one day (24 hours). B. Red Flag Warning: winds are sustained at 25 mph or more and relative humidity is less than 15%, with conditions persisting more than six (6) hours and expected in less than one day (24 hours). This can also be released without the wind component for weather that is less than 10% relative humidity for longer than 10 hours. C. Flash Flood Warning: rain is sustained at'/i' an hour, for longer than 1 hour, or''/d' per hour, for longer than 4 hours. When a warning is determined, the duty Battalion Chief shall have the authority to staff additional apparatus in conjunction with consultation from the Deputy Chief or Fire Chief. Apparatus shall be utilized as best determined by the duty Battalion Chief or his/her designee. Staffing procedures shall be as follows: 1. If time permits, the on duty Battalion Chief may contact the fire stations to solicit volunteers for the staffing of units as needed. 2. If no volunteers are available or additional personnel are needed, the on duty Battalion Chief shall utilize the force hire list in Telestaff to recall personnel as staffing levels dictate. For additional staffing procedures, refer to Situational Staffing and Overtime Tracking Policy #1-012. 3. The on-duty Battalion Chief may hold off going personnel until the individuals on the force hire list are contacted and arrive at their scheduled assignment. Once relieved, the individuals held over shall be released from their assignment. 4. All personnel who are assigned for these circumstances shall remain in their assigned position until the Battalion Chief or designee dictates that the potential threat has subsided, or are relieved by personnel for the next operational period. 5. The overtime rate and time frames shall be paid per section #3 D. in the M.O.U. ARTICLE VII MANAGEMENT RIGHTS § 1. Scope of Rights It is understood and agreed that District possesses the sole right and authority to operate and direct the employees of District in all aspects, except as Fire Union MOU 2010-11.doc P-169 modified in this Memorandum of Understanding. These rights include, but are not limited to: A. The right to determine its mission, policies, and standards of service to be provided to the public; B. To plan, direct, control, and determine the operations or services to be conducted by employees of District; C. To determine the methods, means, and number of personnel needed to carry out Districts mission; D. To direct the working forces; E. To hire, assign, or transfer employees within District, F. To promote, suspend, discipline, or discharge employees; G. To layoff or relieve employees due to lack of work or funds or for other legitimate reasons. (Any provision within this MOU, City rules or regulations or any other policy or procedure promulgated by the City or any Department of the City which prohibits the imposition of layoffs, is deemed null and void); H. To make, publish, and enforce rules and regulations; I. To introduce new or improved methods, equipment, or facilities; J. To contract out for goods and services; K. To take any and all actions as may be necessary to carry out the mission of District in situations of civil emergency as may be declared by the Board of Directors or Fire Chief; L. To schedule and assign work; M. To establish work and productivity standards. § 2. Emergencv Conditions If in the sole discretion of the Board of Directors or Fire Chief it is determined that extreme civil emergency conditions exist, including, but hdt limited to, riots, civil disorders, earthquakes, floods, or other similar catastrophes, the provisions of this MOU may be suspended during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. ARTICLE VIII MAINTENANCE OF BENEFITS All wages, hours and terms and conditions of employment specifically provided for in this memorandum of understanding, shall remain in full force and effect during the term of the MOU, unless modified pursuant to written agreement of the parties. ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS This MOU is subject to approval by the Board of Directors of District. The parties hereto agree to perform whatever acts are necessary both jointly and separately to urge the Board to approve and enforce this MOU in its entirety. Following approval of this Fire Union MOU 2010.11.doc P-170 MOU by the Board, its terms and conditions shall be implemented by appropriate ordinance, resolution, or other lawful action. ARTICLE X PROVISIORS OF LAW It is understood and agreed that this MOU and employees are subject to all current and future applicable Federal and State Taws and regulations and the current provisions of District law. If any part or provisions of this MOU is in conflict or inconsistent with such applicable provisions of those Federal, State, or District enactments or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. If any substantive part or provision of this MOU is suspended or superseded, the parties agree to re-open negotiations regarding the suspended or superseded part or provisions with the understanding that the to±al compensation to employees under this MOU shall not be reduced or increased as result of this Article. The District and the Union recognize that under this MOU and in personnel matters not covered in this contract, the current District Personnel Rules as amended and effective shall apply. The Personnel Rules applicable to the Union shall not be changed for the duration of this Agreement. ARTICLE XI TERM The term of this MOU shall commence on July 1, 2010 and will continue for a one year period, ending on June 30, 2011, provided that, the Rancho Cucamonga Fire Fighters Local 2274 shall have an option, which must be exercised no later than March 1, 2011, to extend the MOU on the same terms and conditions for a second year, until June 30, 2012, provided the Rancho Cucamonga Fire Protection District does not have a deficit in excess of $400,000. In the latter event, the MOU may not be extended unless by mutual agreement of the District and Union. In the event either party hereto desires to negotiate a successor t~iOU, such parties shall serve upon the other, its written request to commence negotiations, as well as any written proposal for such successor MOU. Upon receipt of such written proposals,. negotiations shall begin no later than thirty (30) calendar days after such receipt. Fire Union MOU 201411.doc P-177 Union Dated Cheryl Roberts, President Ty Harris, Representative Daii~ HviiOWay, RepreSeiitatiVe District Dated Jack Lam, Chief Executive Officer Approved by action of the Soard of Directors the _ day of 2010. Fire Union MOU 2010.11.doc CITY OF R4NCH0 CUCAMONGA P-172 ~entla CBeck 12eaister 5/26/2010 through 6l8r2010 Check Nn. Check Date Vendor Nrmc. ~ Amount AP - 00297125 52620 i 0 !-800-RA DIATOR ~ A/C 250.13 AP-00297126 526/2010 .A~@VSOFI'6.4LL I,?64.OU AP - 00297127 `/26/2010 rl'IONTLLE, ROSE ANN 81 L20 AP - 00'297128 52(1/2010 AA EQCIIPML'NT' RP.NTALS CO INC 302.21 AP - D0297128 5!26/2010 A.4 L;QUIPMI:N'C RGN"GALS CO INC I OO.UO AP - 00297128 5126/201(} AA EQUIPMENT KEN'CALS t;U INC 304.48 AI'-06297129 5126/2010 ABLG'I'RONICS 5.15 AP - 00297130 5/211/2010 ACADEMY (.)F MUSK; 798.36 AP - 002971.31 5/26/2010 r1CADEMY OF MUSIC 316.80 ,4P - 00297132 5/2fi/2010 ACEY DECY F.,QL1[PMENT INC. 51.58 AP - 00297132 526/2610 ACEY DECY EQl-)IPt`4EN'i RIG 58.61 AP-00297!32 5!26`20!0 ACEY DECYEQLJ(PMENTINC. 398.81 AP-00297132 526/2010 ACEY DECYEQUIP~dENT[NC. 398.80 ~ AP - 0029713_ 5262010 ACEY DECY G CJIPMENT [NC. Q 93.20 AP - 00297132 5!26/2016 ACEY DECY EQLIIP~4ENT INC. 280.95 AP - 00297132 52bi20t U ACEY DECY EQUIPMENT INC. 433.67 ~ - Al 00297/33 526/2010 ACOSTA, FLARF,EN 2'-- ~ ,qn _ 00297L36 5/262016 ADOBE AN[P1AL HOSPITAL 25.00 AP - 00297136 5/26/2010 ADOBE ANIMAL TrLOSPITAL 25.(30 AP - 06297136 526;^_010 ADOBE ANIMAL HOSP['L4L '25.60 . AP - 00297!36 5%26/20[0 ALiOBE ANIietAL HOSPITAi, 16.00 AF' - 00397136 5/26/2010 ADOBF. ANIMAL HOSPITAL 25.00 AP-6029713(1 526/20!6 ADOBFAN(MALI-IUSPI'CAL 50.00 AP-003971'3(1 5/26/2010 ADOBEANI[v1ALFIOSP[T'AL. 50.(10 AP-007.971:6 512fi120IC1 ADOBE ANIMALI[OSPITAL 50.00 .qP-00297136 526.'201C ADOBE ANIMAL HOSPITAL ?0.60 AP - 06297136 5262010 ADOBE ANIMAL l-IUSP[TAL 50.00 AF' - 00297136 %26.2010 ADOBE ANIA9AL HOSPITAL 50.00 AP - 00297136 5/262010 ADOBE ANIMAL HOSPITAL 50.00 AP - 00297136 5%'_6.!20 LO ADOBE ANIMAL HOSPITAL. 50.00 AP - 00297136 3126;2010 ADOBE ANIMAL IiUSPITA[, 100.00 .4P - 00'97136 5,~26,`2(J10 ADOBE ANIMAL HOSPITAL. 100.00 AP-0029713b 5~`26!20(U .ADUBE ANIMAL,HOSPtTAL 100.00 AP - 00297136 5262010 ADOBE ANIMAL HOSPITAL 100.00 AP-OU29?136 5i2ti:?01(1 .ADOBEANIM.4LHOSPITAL 100.00 AP - 00'.97136 5/36%%2010 ADOBE ANIMA/.. HOSPITAL 100.00 .4P -(10297136 5/261?010 ADOBE ANEMAL HOSPCCAL L00.00 AP-06297!36 5!26/2010 ADUBE ANIMAL,HOSPITAL 100.00 AP-60297136 5/26/2010 .4DOBEAN'1MAC.HOSI'ITAL IU0.00 AP - 00297136 5/26/2010 ADOBE ANIMAL Li,USPITAL 160.00 AP - 00297136 512b/2010 ADOBE ANIMAL, HUSPI'T'.4L 100.00 AP-00297136 526!2010 ADOBE ANIMAL HOSPITAL IOOAO AP - 0039; f 36 526~~0 iU ADUBE ANIMAL FOSPITAL: 100.00 AP-00297136 5126.!2010 ADOBE.4NIMALHUSPIT.AL 100.00 AP - 00297136 526%'_010 ADOBE ANIMAL FOSPITAL (CO ~)0 AP - 00297 (36 v'2fi!20 f 0 ADOBE :1NIMAL 1-[USP[TAL I UO.tJO AP-00297L36 5;'26(2010 ADUBEANN4ALEIOSP[TAL !00.00 AP-00297t3b SY'6/20!0 .ADUBE ANIMALHUSPITAL (00.40 AP - 0029713C, 5!26!2010 ADOBE ANIMAL EIUSPITAL 100.00 AP - 00297136 526%2010 .ADUBE ANID4AL l-IOSPITAL ,SOHO AP - 00297136 5262010 ~ ADOBE AN[R1AL FiOSPIT.4L: StLO0 AP-00297136 ~%2E!20t0 ADt)BE;INIMALFIOSPIT'AL 50.00 ;1P-(102971:16 5'26/2010 ADUBE.4NIMALF{OSPITAL 50.00 AP - 6(7297136 5/26/2010 ADUBE ANIMAL, HOSPITAL SO.UO E)ser: VLUPE"L - ~ tronica Lap~z Page: ! Current Date: 06/10!201 Report:CK_AGENDA_ R6G_PORTRAI T_RC - CK: Agenda. Check Register Par-trait Layou( 'Time: 10:04:0 CITY OF RANCHO CUCAMONGA P-173 Asentla Check Resister 1(261'201 U t(trougit (/812010 Check No. Check bate Vendor IYamc Amount AP - 00297136 1,2672010 ADOBE ANIMAL IiUSP[TAL 10.00 AP - 00297137 1/26r2010 AEI-CAS( ENGINEERING INC. 2.567.02 AP-00297138 5.!26i2a10 AGfACADEMY 1'87.00 AP-00297139 1!26!2010 AGt1iLERA,iSAIAFI 299.40 Af'-00297141 5/3(112010 ALL(€T[ES'IOOL,S 237.90 AP - 00297142 1!'26.2010 aLL CITY MANAGEIvtENT SERVICES INC. 20,830:'4 AP - 00^_97142 5."16/20 (0 AL.L CITY M.4NA<;EMENT SERVICES INC. 18,274.80 AP-00297t43 1/26,'3010 ALLSTARAIK.CUNDITTONINGBfiCATING 1,79963 AP-00'_971-0-1 Si?(i!20t0 ALPHAGR.4PFIIC5 337.13 AP - 00297146 5!2ti'3U10 AI_TA LOMA HIGFI SCHOOL A.S.B. .500.00 r1P - 00397148 1!36/2010 AMF,RiCAN ROTARY BROUM CO. INC. 762.60 AP - 00297148 1!25/°_(110 AMERICAN RO"GARY BROOt<7 CO. CNC:. 514-19 AP-00297149 Si?6/2010 ANTHONY, PHIL 400.00 ,4P-00297150 5.!26/2010 .4R,4MARKUN[FOKb1SERV[CES fi.70 AP - 0029715 t 5,'36/2010 ARBOR NURSERY PLUS 1,588.84 AF - 00297152 5!26;2010 ARCHIBALD PET HOSPITAL, 1,150.00 AP-00297154 5,26/20!0 ARNOL.DFIELDSPA[NT[NG 3.900.00 AP • 90297!55 5/26/2010 ASAP POWI?.RSPOR'['S 45.00 AP-00297[55 5/26/2010 ASAPPOWERSPORT'S 45.00 AP - 00297155 5;'"6,!2010 ASAP POWERSPORTS 132.00 AP - 00297115 5/2(12010 ASAP POWERSPORTS 552.00 AP - 00297156 5!26,•'2010 AUFBAU CORPORATION (,811.60 AP-00297156 1!2(11201(1 AUFBAUCURPORATiON 2;550.40 AP-00297156 5!26/2010 AUI~BAUCORPOR.A'iION- 3,Ofl0.OD AP-00297(5(1 1/2fi/2010 AIJFBAUCORPORAT[ON (,(!00.00 AP-00?97156 5/26/20(0 Al1FBAUCORPORAI"ION 3,692.50 AP - 002971>7 1/2612010 AUTU,4ND RV SPECIALISTS INC. 73.04 AP - 00297118 Sr2C,!20I0 r\UTO BODY 2000 159.51 AP - 00297158 5/26!2010 AUTO BODY' 3000 611.66 .4P - 002971/8 1?fi,!2010 AlJ"CU BODY 2000 156.97 AP - 00297159 1,26,'2010 AVANTS, MARGE 120.00 RP - 002971 <,0 5/26/2010 I3ALI)EUN, CAttt.~OS 7.66.00 AF'-U02971fi1 5/26/2010 BAI,DYF[RF.ANUSr1FETy !(3.00 AP - 00297162 1/2(;!2010 BARBER, LINDA 1,0(10.00 AP - 00297161 5!2(!2010 BERNARD. JEREMY 789.91 AP - 00297166 5!26(2010 BF..RNARD. JESSICA NASH 789.4.1 AP-002971(17 5/Z6%"2010 BERTGES,RUTE( 201.30 AF' - 00297168 5/26/2010 B LG CC3ZY ROOKS INC. 720.76 AP -00297170 5/26/2010 BOWEN, JASON 132.00 AP-00297171 1;262010 RROWN,JENNIFER 294.00 AP - 00297172 1126!2010 BRLRJSW'ICK BEER CREEK LANES 211.?> AP - 00297173 5;_'612010 BRYAN, LINDA 94.71 AP - 00297175 5/2612010 BUTLER SCHEIN ANIMAL HEALTH SUPPLY 51.68 AP - 00297179 1!26/201(1 BUTLER SCFIEIN ANIMAL HEALTI-{ SUPPT Y' 1,568.19 AP - 00297176 5/26/2010 CAL PERS LONG TERM CARE 543.96 AP - Q0297I77 1/26/2010 CALDERON, S'CACy 14.00 AP- 00297178 5/2612010 CALIFORNIA EL.EC;TRONIC ENTRY 268.00 AP - 00297179 1;26.%2010 CALIFORNIA PUBLIC EMPLOYEES [!3.080.98 AP -00297179 1!262010 CALIFORNIA PUBLIC EMPLOYEES 486.25 AP - 00297180 1/2b2010 CALIFORNIA WATERSHED ENGINEERING CORI 4,227.00 AP-00297181 5;26,'2010 CALIFORNIAW'EFt{LYEXPL.ORBRINC. 390.00 RAP-00297132 52Ei'20I0 CAPITOL DOOR SERVICE-SOI.ITFIERN CAL[FOR 3lr1.63 AP - 00297183 s'3C%%2(110 CARDENAS, LES 300.00 AP - 00297187 5126!2010 (ARTY, DIANE 879.90 User: VLOPEZ -Veron ica Lopez Page: Z Current Date: 06110/20( Report:CK_AGENDA_R EG_PURTRAI' C_RC - CK: Agenda Check Register PotYrait Layout Time: 10:04:0 CITY OF I2ANCi30 CiJCAMONG A P-174 As?enda Check Re¢ister 5%26/2010 through ~r3;2010 Check No. Check Date VenAor Name .)mount AP - 00397189 5!26T2010 CASARRUB[AS, FRANC[SCA SO.UO AP-00297190 526!2010 CAST[LLO;FRANK 492A0 AP-00297191 526/2010 CENTER [CEAREN:1 1?4.00 AP - 00297192 5126%2010 CENTRAL SCHOOL. DISTRICT 7,223.00 AP-(M0297I93 5/26/20)0 CERTLFIEDT'OWINCi 195.00 AP-00297193 5/26!2010 CER'iIF[ED'I'OWING 85.00 AP -00297194 5'36/20(0 CHAPFEY JOIN'!' UNEON EL€GH SCI-COOL DEST 56.88 AP-00297(96 5126.%2010 CFCARTERCOM!`-tUNtC.4TIONS 109.99 AP - 00297197 5/36%2010 C'HILTON, GABRfELLE' 96.00 AP- 00297198 5/26/2010 CHRtS'1'fANA, A~iLSTAD 500A0 AP-00297199 5!2620!0 CINEVATIVIs <f40.00 AP-00297199 526/2010 Cf1YEVA'LiVE 3,300.00 AI'-00297!99 526/2010 CINF.,VATI'VE 5,700.0(1 AP-01)297200 5,'26%3010 CIRIACKS,VAL,L.L3R[E.gNN 120.00 AP-00297201 5/26!201(1 CITYREN'I'.ALS 310AU .4P - 00297202 5.26,!2010 CLARK, KAREN - (148.00 AP - 00297302 5!26/ZO l0 CLARK, KAREN 130.00 .4P - pU297Z03 Sr'2G2010 CLAP.K, NICHOLAS 129.90 AP-002972(14 526/2010 CL:r\R.KEPLUMBENGSF'ECIALTIES[NC. 4SL.89 AP - 00297204 5!26%2010 CLARKE PLUMBING SPECLALTIES [NC. 33.1'1 AP - 00297204 5;"612010 CLARKE PLUMBING SPECL4L"PIES INC. 18.33 ,4P - 00297201 51`26/2010 CL,4SSIC PARTY RENTALS 37%.28 AP - 00297206 5/26/2010 CL[MATEC BUELDING TECHNOLOGIES GROUP (13333 AP - 00297207 >,'26/2010 COCETERELL, DOREEN 72.00 AP - 002972(18 5!211!2010 COLOR ME MINE 7A0 AP-00297209 526/2010 COA4B[NEU MARTIAL SCIENCE CNC 3,280.80 AP-00297211 5/211!2010 CONCEPT POWDERCOATING 150A0 AP - 00297212 526/2010 CONSOLIDATED ELECTRICAL DISTRIBUTORS I 30.61. AP - 0029?'<l3 5/2Gi20ID CORDERO. T.4NIA 75.00 AP - 00297214 526/2010 COVENANT' S`fAFFMG INC. 533.40 AP-00297214 526/ZU!O COVENANTST'AFF(NGINC. 533.40 AP-01)297215 Si'_G%2010 CRAFCOINC 1,01(1.81 AP-002972(6 5(26.!2010 CROP PRODUCTION SERVICESINC 4,811.79 AP - 00297217 5/26,'2010 CUC:AD~tONCiA JUMPF..RS 250.00 .4P-00297219 5/2612010 CUCAMONGA VALLEY WATER D1ST'RICT 93.03 AP - 00297219 Sr26'2010 CUCA.MONGA VALLEY \Y'ATER DISTRICT ! 58.li AP -00297219 5;'262010 CUCAMONGA VALLEY \VATER DISTRICT 345.52 AP - 00297219 ~%''612010 Cl.JCAMONG:1 VALLF..Y W 4TER DISTRICT 235.50 AP-002972(9 5/262010 CUCAMONGAVALLEYWATE,RpI$TRICT 117.60 AP-00297219 526%2010 C.UCARIONGA VALLEY WATER DISI"RECT 263.79 .4P-(102972!9 5/26120(0 CUC.4MONGA VALLEY W'AT'ERD1SlR[CT 149.71 AP - 00297219 .1!26/2010 CUCAMONGA Vr1LLEY PATER DISTRICT 210.44 AP-00297219 5/26/2010 CUCAIViONGA VALLEY WATERDlSTRECT (60.96 AP - 00297219 5/261201(1 CUCAMONG,4 VALLEY' \VATER DLSTRECT 117.09 AP - 00297214 5/2612(110 CUCAMONGA VALLEY WATER DISTRIC"C ~ 149.70 AP-00247219 5!26/2010 CUCAMONGAVALLEYWATER.DLSTit(Ci 43.60 AP - 00297219 526,`2010 CUCAMONGA VALLEY WATER DISTRICT 55.20 AP - 00297219 5126/2010 CUCAMONGA VALLEY WATER U[STRICT 804.1> AP - 00297219 5:'2612010 CUCAb40NG.4 VALLEY WATER DISTRICT 52.61 AP - 00297219 5,'26!2010 CUCA~~fONGA VALLEY WATER DISTRICT 136.05 AP-00297219 51262010 CUCAMONCiAVAC,LEYWATERD[STR[CT L8L75 AP - 00297279 5126/2010 CUCAMONGA VALI EY WATER DISTRICT 21.37 AP - 60297219 5/262010 CUCAMONGA VALLEY WATER DISTRICT 114.59 AP-002972)9 526/2010 CUCAhiONG.4 VALLEI'tV'ATERDISTRICT Il0.36 lJser: VLOPEZ-Veron ica Lopez Page: 3 Current Dale: 06)10201 Report:CK_;1GENDA_R EG_PORTRAI T_RC-CK:Agenda Check RegisterPorn-aitL,ayout Time: !(1:04:0 CI`CY OF RANCHO CUCAMO!VGA P-175 A~~enda Check Re2~ster 5/26/201 U through 618; 20 ( 0 Check No. Check Uate. Vendor Name Amount AP - 00297319 5/2612010 CUCAMONGA VALLEY WATER DISTRICT 41.25 AP-00297219 5/26/20(0 C'.UCAMONGA VALLEY WATERDISTRiCT 83.88 .4P - 00297219 5/2672010 CCfCAMONGA VALLEY WATER DISTRICT 239.36 AP-00297219 51'26/2010 CUCAMONGA VALLEI' WATER DISTRICT 69.54 r1P -00297219 Si26/2010 CIJCAA4ONGA VALLEY WATER DISTRICT 6527 AP-002972(9 5/2612010 CUC:.AM(7NGAVALLEYWATERDTSTRICT 354.19 AP-00297219 5/26/20(0 CUCAM'ONGAVALLEY'WA'C'ERDTSTRIC'T 110.34 AI'-00297219 5/2ti'2010 CIJCAMONGAVALLEI'WATERpISTRICT 256.92 AP-OD'_47219 5'2612010 CUCAMONGAVALLEY\VA"T'ERDISTRICT 179.38 :\P-00297<'19 5!262010 CLICAMONGAV.4LLEYW,4TERDISTRICT (06.91 AP-00'97219 5!26!2010 CUCAMONGAVALLEYWATERDISTRICT 3t?7 .4P-00297219 52ti"2010 CtiCAMONGA V.4LL61' WA'TF.RDISTRIC'T 323.82 AP - 00297219 5(26!2(11(,1 CC1C'AMONGA \%ALLEI' WA'T'ER. 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ANNE 480A0 AP - 00297234 5.%26(_'010 DRAI,IATISTS PLAY SERVICE INC. 7SAD .AP -00297235 5/26/2010 DUFFY, RICK 3;403.?5 .4P - 00297236 5/26,12010 DUNK EDWARDS CORPORATION 38.87 AP -00297237 Si26/20f0 DUNN, ANNE MARIE ~ 324.QU AP - OD29?237 5/2612(1! 0 DUNN, ANNE A1r1RB 1,507.20 AP - 00297237 52(1;201 U DUNN, ,4NNE MARIE 75.60 AP - OD297237 526;"2010 DUNN, ANNE MARIE 70.20 AP- 0029?237 526/2010 DUNN, ANNE R~IARIE -___-_-_ 124.80__- __---- User: VLOPEZ -Veron ica Lopez Page: 4 Current Date: G(i/I O/201 ReporbCK_,4GENDA_R EG_PORT'RA1 T_RC - CK: Agenda Checl: Register Pol2rait Layout Time: (0:04:0 CIT'E' OF RARCHCI CUC.a1V10NCrA P-176 At*encla Cteeck Register ~/26/2010through 6/8/2010 Chrck No. Check Date Vendor Name Amount .4P - 00297237 5.!26!2010 DUNK, ANNE MARE 78.00 AP-00297237 1;26l20t0 D[JNN,.4NNEhIARIE 3D420 AP-00297237 526/20t0 DUNN,ANNEMARIE 129.60 AP - 00297238 1!26!2010 DYNAS"CY SCREEN PRINTING 878.97 AP - 00297239 ~2ti/2010 EAS'1"ER, PAMELA 2,92(1.37 AP - 00297239 i/2b/2010 EASTER, PAMELA 9D0.42 AF' - 00297240 126!2010 ELLIS ENTERPRISES [::185.00 AP - 00297240 5!262D10 ELL1S ENTERPRISES I X0.00 AP - OD297241 5r"26/2010 EMPLOYS{ENT DEVELOPMENT DEPT. 27,688.43 AP-00297242 ~'Z6/2U I0 ENGRAVE'NEiviI3ROFDF.RT1-IINGS 2202( AP-00297"_43 1/26!2(110 E\UINGIItR1GATl(3NPRODUC•IS 435.(}p AP-00297243 1126!3010 EW[NG IRRIGATION PRODUC'I•S 272.48 AP-00297243 112612010 ER%[NG IRRIGATION PRODUCTS 753.15 AP - 00297243 5/26/2010 ER~[NG 1RR[GATION PRODUCTS 1-38 AP-00'_97244 112620(0 F.4Si'ENALCOMPANy 120.(11 AF'-00297244 >!2C>2U10 FAS'CENALCOM,PANy 76.40 AP-00297244 ~ 5/26/?.01(1 FASTENALCOt•4PANY X39.88 AF - (10297245 ;1"2613010 FEDERAL EXPRESS COKP 3'37 AP - 00297245 5/'6/2010 FEDERAL EXPRESS CORP 26.51 .4P - (iD297241 5!26/2010 FEDERAL. EXPRESS CORP 22.4D AP - 00297241 S2fi/ZU 1U FEDERAL F,XPRESS CORp 1954 AP - 00297246 5!26/3010 FEJERAN, TIM SOO.UO AP - 00297247 5,'26/2010 PELICTANO, ANTHONY 546.00 AP - (102972<48 5.!26/2010 FENCE CRAFT OF UPLAND LNC 54522 AP - 00297249 5/26/2010 FERNANDEL, Rr1NDY 32A0 AP-00297210 1r?6120F0 FLEET SERVICES INC. 38.55 AP - 00297251 3!26.!2010 FLETES, MON[CA '22.00 AP - 00297252 Si26/20 f 0 FOOTHTLL LA WNMO W"ER 24 94 AF - 00297254 5/26/30I0 FORD OF UPLAND INC ID123 AP - 00397354 5/36!2010 FORD OF UPLr\ND CNC 90.00 AP - 00297255 1i"2G/2010 FRAZEE PANT CENTER. 360.71 AP-00397255 1%26'2010 FRAZEEPAINTCBNTER 496.16 AP - 0(!'297255 5.%26!2010 FRAZEF.. PAINT CENTER 132.73 :\P-00397256 '26/2010 FUTURELIGLIT'lNG 600A0 AP-00297256 5!2(1.!2010 FiJTL1REl,IGH'F[NG 981.33 AP-UD397357 5/36/2010 GAL[.MAI'ERIALS 1,98L25 AF-00297258 S!2G2U10 GAR.RFT"1', MARIOK[E 3(}.00 AP-00297159 1/2620(0 GEN"FRY,DONALDA 2.16125 AP-00297260 5!262010 G[ORD.4N0,[vFAR[ANN.4 225.(10 AP-00297260 ~26/20L0 GLORDANO,MARTANNA 291.00 .4P - 0029726 t 1126/?010 CrRAFFIT[ TRACKER. INC '-,100.00 AP-002,972[12 5/26/2010 GRAINGER 685.13 AP - 00797262 5/26;2010 GRAINGER ~ 1 ~4 AP - 00297262 1/262010 U"R4CNGER 7.72 AP-00297262 5126120(0 GRAINGER 31.00 AP-00297262 5126/20!0 GR.4[NGER 324.10 AP - 00297262 5/262010 GRAINGER 25.06 AP - D0297262 5/2(+2010 GRA[Nt;ER 48.06 AP-00297262 5/26/2010 GRAINGER 76.13 AP-00297262 5/2G/2D10 GRAINGER 761.ti AP-00297262 5(26/20[0 GRAINGER 66.75 AP-D02972G2 1,262010 GRAINGER 1;100.12 r\P - OD2972G2 1;26!2010 GRAINGER 907.18 AP -1)0297262 52(1/2010 CiR4INGER. 179.28 User. V LOPEZ - V ci onica Lopez Page: 5 C;urrenl Date: 06/10/20 Report:CK_AGENDA_ REG_PORTRA(' ['_Rt:: - CK: Agenda Check Register Portrait Layout Time: 10:0.1:0 CITY OF IL4NCEI0 CDC A?dIONCA P-177 Agenda Check Register 526/2010 through 6/5120 i 0 Check No. Check Date Vendor Name Amount AP - 00297262 5/26!2010 GRAINGER 10.29 AP-00297262 5/26/20(0 GRAINGER 43.11 ,4P - 00297262 S/262(110 GRAINCiE12 l''+.93 AP-00297262 12ti2010 GRIVNGER 9852 AP - 062972(12 526!2010 GIZAINGER 13.93 AY - 00297262 5/26/2010 GR,AINGER 244.94 AP - 00297262 5/26/2010 GRANGER -244.94 AP - 00297262 5/26/2010 GRAINGER 210.23 AP - 00297262 5.-2612010 GRARJGER 24.91 AP-002ri7262 5/26/2010 GRAINGER 22737 AP - 00297262 126/2010 GR.4lNGER 44.07 AP - 00297263 5/262010 GRANT III, VFNCEN''1- 507.00 AP - 00297264 1,•'262010 GRAPHICS FACTORY' PRINTING INC. l2 L l3 .4P - 00297264 1!261'010 GRAPI{[CS PAC[ORY-PRINTING INC. 206.61 AP-00297261 5/26/20(0 GRAPHICS FACTOKYPRINT[NG WC. 337,13 AP - 00297264 5!26.'2010 GRAPHICS FACTORY PRINTING INC. 451.31 AP - 00297264 12612010 GR.4PF[ICS FACTOEZY PRINTING INC. ?38.31 AP - 002972ti4 5/26/^_010 GRAPFICS FACTORY PRINTING INC. 1;163.63 P,P - 00297261 5/26%2010 GRAF'FiICS F,4C'[ORY PRINTING INC. R48?5 AP - 00297265 5/26/2010 <rREENE, DE[3ORA.FI 250.00 AI' - 00297266 1%t6i2010 GREEN\~'C)OD.S UNFFORtv4g 282.86 AP - 00297267 5/26!2(11.0 GLJMP INC, ANDY 376.45 AP-0029T2fi8 1/26/2010 GUNSKI,Ci12EG 3!696 AP - 00397269 5!?6!2010 I [ & L CHAIZTEK COMPANY [NC 0,70.60 AP - 00297"1.69 52fi/20 [0 FI K L CI-[.ARTF:R COMPANY INC 775.12 AP - 00297270 5/26/2010 F[AM[LTON, CLAIZENCE 32.00 AP - 00297271 5/26/2010 I-[AMILTC)N; MONIQUF'. 200.00 AP - 00297271 Si26r20 f 0 HAMILTON, MONLQLiF3 200.00 AP - 00297272 5'262010 HANSOM, SUZANNE 213.00 AP - 00247273 5/26/2010 H.ASAN, .TAMES 385.00 AP - 00297274 5/26/2010 HAY, SHARYN 45.00 AP-QO^_97275 5/26/2010 HEtI,IG,KELLY 1,234.30 .4P - 00297276 5262010 HOSE M.4N [NC 21J 'i5 AP - 00297277 S/"!612010 HOY'I- LUPotE3E'K CO., Sbt 293.(16 AP - 00297278 1/262010 HSU, S'fEVE 583.^_0 AP - 00297279 52(,!2010 HU"CC'FIFNSON, LISA 564.00 :1P - 00297280 5; 2612010 I A A P '-5.00 AP - 00297280 52fi/2010 I A .A P 25.00 AP - v"0297280 >/26i1010 1 A A [' '5.00 AP - 00297280 5/?6/2010 [ A A P 25.00 AP - 0029728! 5/262010 1MPER[AL SPKINKLEK SUPPLY' FNC 39.60 AP - 00297252 5/262010 INLAND EMPIRE FAb1ILY' 270.00 AP-00297282 5!262019 INLANUP.MPIFCEFAMILY 270.00 AP - 00297282 5/262010 IM.AND El\dPIRE FAR4ILY 270.00 AP - 00297282 5/26;2010 INLAND EMPIRE, FAMILY 270.00 AP - 00297382 5/26/2010 MLAND E6IPIIZE FAb4Il.Y 1080.00 .4P - 00297283 5/26/2010 INLAND EMPIFLE TOURS AND TRANSPOFZTATIC 3,3Er3.75 AP - 00297233 1/26!2010 INLAND EMPIRE "FOURS Alv`D TRANSPORTAT[C 945.75 AP - 00297283 526!^_010 [NLANI) EMPIRE TOURS AND TRANSPORTATIC (,456.(!0 AP - 00297233 5,"26!2010 FNLAND EMPIRE TOURS AND TIL4NSPORTATFC 1,088.75 AP - 00297283 5!2('201.0 INLAND EMPIRE TOURS AND TRANSPORTATFC 1,368.00 AP- 00297235 5/26/201(1 FNLAND PRESORT & MALING SERVICES 381.37 AP - 00297285 526/2010 INLAND PRESORT & MAILING SERVFCES 132.7.8 AP - 00297236 5/2(1!2010 INLAND VALLEY DANCE ACADEMY 2,378.70 flscr. VLOPEZ -Veron ica Lopez ,Page: 6 Current Date: (16/1 Oi_O1 R.eport:CK_,4GENDA_R. EG_F'OR'FRA[ T_KC - CK: Agenda Check Kegrster Portrait Layout Time: 10:04:0 CITY OF RANCHQ CUCAMCDNf;9 P-178 At*,enda Check Re~itter 5/26/2010 thraiat 6/5;2010 Check No. Check Da[e Vendor Name Amount AP - 00297287 5!26!2010 CNLAND VALLEY EMERGENCY PET CLINIC 52.50 AP - 00297287 5/2(,/2010 INLAND VALLES' EMERGENCI' PLT CLINIC I (>2.50 AP-00297259 5/26%20[0 INTRAVAIAROCR.ANDSAND[NC 119.63 .AP - 00247290 >12ti!3010 ISLAS, H[JGO 80.00 AP - 00297291 Si2li2010 .LACK JONES "fRlJCK1NG [NC 39.97 AP-00297292 526/2010 JAC'KSON,HUGH 10.00 AP - 00297293 5;26/2010 JAN[ KING 680 81.00 AP - 00297294 5/2612010 JDC CONCRETE 70,227.30 AP - 00297295 5/362010 .IOHNSON, ACIBERT & VADA 500.00 AP- 0(1297296 5/26/"_'010 JUMP ST.AKT LE.ARNtNG CENTER 6.00 AP-00297"'97 52G/20L0 KKWOODWORKiNG 5329 AP - (10297^^<98 5/26/2010 KATZ OUTDOOR FTTNE.SS 265.50 AP - 00297299 5/26/2010 KJ3NS SPOR'T'ING GOODS 2,90'2.48 AP - 00297300 526'2010 K[DSART 378.00 AP-00297302 5;2(,/2010 ICONS INC SI4.75 .-AP - 00297303 5/26/3010 KRIEGER, ED 300.00 AP - 00297309 52b2010 LDC TRAINING I ;142. I U .AP - 00297305 5'26'201 U LEAGUE OF CAL[FOR.N[A CITIES 35.00 AP - 00297305 5%26/20[0 LEAGUE OF CAI:IFORMA CITIES 35.00 :\E' - 0(1297305 5/26/2010 LEAG[JE OF CAL[FORN(A CITIES 35.(lU AF - 00297305 5r'_6/2010 1_LiAGCIf OF CALIFORNIA C[TtES 35A0 .AP - 0029730( Si2ti'3010 LF..AL:. RUTH 40.50 AP-00297307 5/26/2010 LIEBEP.TCr1SSIDYV4'Fi['fMORE 1,095.00 AP - (10297307 5;2612010 LIEBERT CASS[DY WHITMORE 4,36725 AP-00247307 52b/20(0 L[EDERTCASSIUl'WI{1TMO12E ?75.00 AP - (10297308 5/36/2010 .Llit{, I{EA'ft{ER. 570.00 AP - 0029?309 5/2(1/2010 LIMS AC1T0 INC 38.36 AP - 00297309 5/26/2010 L[MS AUTO INC 38.36 AF - 0029T,09 5/26.12010 LIMS AUTO CNC 79.65 AF -00297310 5;26!2010 LLT'I'LE BEAR. PRODIJC'f[ONS 285.00 AP - 0029 7310 5,"26/2010 LITFL,B BEr~R PRODUCTIONS 100.00 Ap _ 0{)297310 5136!2010 LI1"fLE BEAR PRODi1CTCONS 1>0.00 AP-00'2973f0 >26/2010 LI'C'fL.E BEAR PRODUCTIONS L35.00 AF - 00397310 5/36/2010 L,CT'I'L£i BE'.AR PRODUCTIONS 150.00 AP - 00297310 5/'26/2010 L,I-I°fLL; BEAR. 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LNC 344.20 AP - 00297320 5/262010 Mr1RQUETTB COd4MERCL4L F1N.4NCE 5,126.48. AP-0029T21 526,'2010 MARSHALL;SYLVIA 1,34550 AP - 00297322 52b,'2010 MARTEN AND CHAPM.4N CO (3.53 AP - 40297323 ?/26/2010 MAR.TINE2 LJNLON SERVLCE 45.09 AP - 00297334 5/25/2010 MA"TEf21AL SrU.,ES UNLIMf FED 8I 1.20 AP - 00297325 5/26/2010 MAXWELL., ANTHONY 45.00 A~P-007.97326 5/26/20(0 MAYA, SANIYYAH 795.00 AP - 002973'27 5/26:20 (0 M'C TRUCK[NCr 9(12.64 AP-00297328 5/26;20!0 MCCABE,CIiRCS 77.L3 AP - 00297329 5%26!20 f 0 MC:CLINTOCK, RONDALYDINE 120.00 AP-00297330 52620L0 ~dCF.ADDENDALEI-IARD}l'AFiE 86.13 AP - 00297331 5/26/201 U MCMASTER CARR SUPPLY COMPANY 207.84 AP - 00297331 5/26/30!0 MCMASTGR CAItP~ SUPPLY COMPANY 34.16 AP - 00297332 5;`36/2010 MED[NA, NAD[A 36.00 AP-00297333 52(1201(1 (\4EL000TON,ROSARIO 250.00 AP - 00397 334 5/2G~`2010 MIJAC ALARM COMPANY 9 00 AP - 00297335 5;26/2010 MITSU[31SH1 BLL^:C"TALC & L-LECTRUNICS USA [2 5'_0.47 AP - 003973.36 5!26/2010 MbfASC 65.00 .4P-00297337 ?2,Fii24[0 MOE,.IOHN 459.04 AP - 00^_97338 5/262010 MOORF, L,A"I RLSA 911.(10 AP - 00297339 5.2672010 ~40RRIS, RICHARD 330.00 AP - 00297340 526/2010 MOUN"PAIN VLEW SMALL ENG REPAIR 30.41 AP - 0029734 L 5i~fi.2010 MRL3 UEF.R CREEK CAR ti4'ASH 705.00 AP - 00297341 5!26;"ZU I O NIRB DEER CREEK CAR WASH 396.00 AP-00297341 5262610 ~tR6DEGRCREEKCARWASH 1,43199 AP-00297342 5262010 MWIVE'I'ERINARYSUPpLy 132.04 .4P-00297343 5;2612010 MW'[VETBRINARYSUPPLy 18030 AP - 00297343 1,'262010 MWL VETGRLNARY SUPPLY 631.45 AP - 60247343 5/25/2010 bf W[ VETERINARY SUPPLY 21.04 AP-00297344 5/2620L0 MYEKCHIN,NICOLE 1,651.50 AP-00297347 572(12010 NICHOL,S,GARy 236.25 AP - 00297349 525/2010 NIXUN EC-iLI EQl-tIPME~NT C0 42 LSZ AP - (!0297350 5/26/2010 NORMAN A TRAUB ASSCKLATES 955.80 AP - 00247351 5;26x2010 OCCLIPATLON.AL FIEAL.'1'H CENTERS OF CALIFC) 3 t2 t)U .4P - 00397351 57""<620[0 OCC[JPATIONAL [-[E.4LTH CENTERS OF CAL1F0 175A0 AP - 002973>2 52bi3610 OFFICE DEPOT R8. t 5 AP - 00397352 5/262010 OFFICE DF.,POT l,lib.l9 AP - 00297352 5262010 OFFICE DEPOT 85.73 AP - 002973>2 1262010 OFFICE DEPOT 7.26 AP - 00297352 5/25/2010 OFFICE DEPOT 38.78 AP - 00297352 5262010 OFFICE DEPOT 33834 AP - 00297352 5/26'2010 OFFICE DEPOT 836 AP-00297352 Sr"L6,~2010 OFFICE DEPOT 5(8.76 AP - 00297352 /26/2010 OFFICE DEPOT 27.2 E tfser. VLOPEZ-Veronica Lope[, Page: R C.urraH' Date: 06/10!201 Report:CK_AGENDA_ REC;_L'ORTRAF T_RC - CLC: Agenda Check Register Portrait La}mut Time: L0:04:0 CITY OF' RANCHO CUCAAIONGA P-180 A>aenda Check Re~isfer 5/26;2010 tlu'ough 6/8f2010 Check Ko. Check Uate Venttor Name Amount AP - 00297372 5!?G,!^2010 OFF[C6 DEPOT t 31.54 AP - 0029%352 5!26!2010 OFFICF_ DEPOT 233.56 AP-0(1'_'97352 S!ZG%2010 UFFICEDEP07" 4206 Af' - 00297352 5;'26./2010 OFFICE DEPOT 63.40 r1P - 00297352 S.'2fi!2010 OFFICE DEPOT 6 2' AF - 00297352 5/26/2010 OFFICE DEPOT 10.22 AP -110297352 5!26f2010 OFFICE. 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( 7 AP-00^_97443 5!2G,~Z010 UPLANllAN[MALFIUSPITAL 100.00 AP-00297443 5126/ZOlO UPLANU.ANIMALHUSPCfgi_ 100.00 AP - 0029744= 5/26/2010 UPLAND ANIMAL HOSPITAL 25.00 AP-00297443 5/2b/2010 UPLAND AMMAL HOSPITAL IO(.1.(10 AP - 00'_97443 5/26/2010 UPL,4ND ANIMAL HUSPI'f AL 25.00 AP - 00297443 5/26/3010 UPLAND AMMAL HOSPITAL 50.00 AP - 00297443 5/26/2010 UPLAND ANIMAL HOSPI'T'AL 100.00 .4P - 0029?443 >/ZG/301(1 CIPI_AND AN[.M.4L HUSPITAL 50.00 AP - 00297494 5/2612010 UPLAND TL-NNIS CLUB 1.544.40 .4P - 00297445 $r'26ra010 UPS 118.60 AP - 00297445 5126!20 t Cr UPS 25.67 AP - 00297445 .5,+2bl20 f 0 UPS 26.71 AP • 00297446 5/2G/2010 C!RBANO. 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CARL 433.24 AP - 00297499 5!2bi20(0 WARREN 6c CO [NC, CAKL 1,264.86 AP - 00297459 526/2010 WARREN & CO [N C, CARL 201.72 .AP-00297460 5/26;?0[0 WAXIESANITARI'SUPPLY 222.91 AP-00397460 5r36.!2U10 WAXIESANITA.RYSUPPLy 3,964.53 AP - 002974Ei0 5(26/2010 WAX1E SAANITARI' SUPPC,y I,I 19.65 AP- 01'1297460 5!~Fii2010 W'AXIB SANI"I"ARY SUPPLY 472.18 AP - 00297460 5026/201 U \VAXIE SANITARY SUPPLY 2,754.81 AP - 00297460 5126!2010 WAX[E S.4N1'PARY SUPPL}' 357.49 AP - 00297460 5/26/2010 WAXFE SANITARY SUPPLY 63.15 AP - 00297460 5!26!20!0 W%AX[E SANITARY SUPPLI' 1,358.63 .4P-00297461 $12612010 W'ENGERCORPORAT[ON 5[1.42 AP - 00297462 5/26/2010 WESCO RECE[VAI3LES CORP 35.97 AP-Qfr2974G2 5t26i2010 WESCORF.(iEIVA13C,ESC:ORP 657.27 AP-00'97462 5!2Er.!20I0 W'ESCORECEIVAF3LESCORP -10.40 .4P-00297462 5126.4010 WESCORECEIV.46LF.SCOFZP t9F.30 . 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Page: I6 Curren[ Date: Ub/! 0/201 Report:CK_.4GENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: (0:04:0 CITY OF RANCHO CUCAII'IONGA P-188 Agenda Check Register 5/26/201 U tlu•ough 6!8.'2010 Check No. Check Dale Y'endor Name Amount AP-00297475 5,36(2010 ZEE MEDICALINC 1,0E8.78 AP - 00297475 5!26,'2010 ZEE MEDICAL INC 256.46 .4P - 00^_97476 Si26/2010 L[RGES. 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Register Porhait Layout Tirne: 10:04:0 C[TY OF RANCHO CUCAMONGA P-189 Agenda Check ReQicter Sr26.'?O l0 through 6/8(20 t U Check iVq. 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AP-00297435 5,'27'20!0 EMCORSERVICE 6,719.58 AP • 00?97485 5!271201.0 EMCUR SERVICE 17,186.>7 AP - 00297486 527:'20(0 GENERATOR SERVICES CO 4,401.96 AP-00297486 Sr?7,/2010 GENERA TORSERV[CESCO !,877.40 Af' - 00297486 5!27!2010 GENEFATOR SERVICES CO 484.81 AP-00297486 527120(0 GENERATORSERVZCESCO (,522.14 AP - 00297436 5!27,20!0 GENERATOR SERVICES CO 4-1`1 81 Usu:VLUPEZ-VcrouicaLopez Pane: t8 C~urrentDace: 00!10201 Report:CK_ACiENDA_ REG_PORTRAI T RC - C({: Ageucia Check Register Portrait Layout 'rime: 10:04:0 C[TI' OF RANCHO CUCAMONGA P-190 ALLenda Check 12e~ister 5/2(112010 through 6/8/2010 Chcck No. Check Date Vendor Name Amount AP - (00297486 5/27/2010 GENERATOR, SERVTCES C;O 849.81 AP-00297486 5/27'2010 GENERATOR SERVICES CO 734.81 AF'-00297486 5/27!2010 GENERATOR SERVICES CO 1,877.40 AP - 00297486 5/2 i/2010 GENERATOR SERVICES CO 2,49638 AP - 00297.187 5/27/2010 HOLLIDAY ROCK CO [NC 1,105.98 AP-00297487 5127/ZOfU HOLLTDAYRUCKCOLNC 1,762.28 AP - 00297487 5127!2010 HOC.LID.AY RUCK CO [NC 000.00 AP - 0029?487 5/27!2010 HOL,LIDAY ROCK CO CNC 50.00 AP - 00297487 5(27/2010 I{OC.,LIDAY ROCK CU INC 1OO.OU AP - (10297487 >/27!2010 HOLLIDAY ROCK CO INC 18393 AP - 00297487 Sr"_'7/2010 HOLLIU.AY ROCK CO ING 753.91 AP •~ 00297487 5/27/2010 HOLLIDAI' ROCK CO INC 597.(b AP - 0029748? 5,'27/2010 HOLLIDAY ROCK CO INC 50.00 :1P - 0029'437 512"112010 HOLLIDAY ROCK CO TNC 50.00 AP - 00297487 5/272010 HOLLIDAY ROC!{ CO INC'. 65(1.90 :1P - 00297487 5/27/2010 E{ULCdDAY KOCK CO INC 315.'_0 AP - 00297487 5/27/201Q FLOLI,IDAY ROCK CO INC, 38 [ ?.0 AP -(1097487 5/271"_(1'10 HOLL,IDAY ROCK CO INC 586.50 AP - 0029%488 5,'27/2000 HYDROSCAPE PRODUC"fS [NC ! 58.74 .AP - 00297488 5/27/2010 HYDROSC.APF PRODUCTS fNC 31.24 AP - 00297438 5/"_'7!2010 C-IYDRUSCAPE PRODUCTS fNC 30994 AP- 00297488 ,5/27,'20(0 HYDROSCAPE PRODUCTS INC 59.20 AP - 00297488 5/27/2010 HYDROSCAPE FRODLiCTS [NC 48.60 AF - 00297488 5127/2010 HYDRUSCAPG PRODUCTS INC 79.19 AF' - 00297458 5127120[0 HYDF(OSCAPE PRODUCTS [NC 87.87 AP - 00397488 5127/2(110 HYDROSCAPE PRODUCTS fNC 236.80 oAP - 00297488 5/27/2010 HYDR<)SCAPE PftUDUCTS [NC 215.39 AP - 00397158 5/27/2010 HYDROSCAPE PRODUCTS INC 7 L29 AP-0029;489 5!'2712010 SI)NR[SEPURD 106.81 AP - 00297489 527!2010 SUNRISE FORD 67.37 AP - 00297490 ^./27/2010 TRUGREEN Lr1NDC.ARE ?,264.23 AP-00297491 5/27!2010 TV[''FELkiC061 3,970.50 .4P - 00""297492 6!212010 A R (REPRUGRAPI{iCg 45.82 AP - 00297.193 6/2/2t)1.0 AA EQEICPMENT RENTALS CO [NC 2.94 AP - 00297343 6/212010 .4r1 EQUIPMEN'T' REN'T`ALS CU [NC 46831 AP-00297494 (1/272010 AB[VIPAT'1'URNEYSBRVCCE 85.54 AP -00297494 6~~/2040 AB(VIP A'I-T'URNEY SERVICE 96.88 AP - 00297495 6;2/2010 ABI VCP AI'I'ORNEY SERVTCE 116.82 AF - 002974v5 6!2/2010 ABI VIF ATTORNEY SERVICE 72.82 AP - 002974<)5 6!2/2010 ABI VIP ATTORNEY SERVICE 59A9 AP - 00297495 6/2/2010 ABI V1P A'l"fORNEY SERVICE 92.43 AP - 00297495 6/2/2010 AB[ A~IP ATTORNEY SERVTCE 71.45 .4P-00297495 6/2/20(0 ABI VIPATTORNBYSERVICB 71.65 AP - 00297495 (1/2/2010 AB[ V1P ATI'ORDIEY SERVICE 70.08 AF' - 00297495 6/2!2010 AB[ VIP ATTORNEY SERVICE 69.69 AP - 00297495 6/2/2010 ABI VIP ATTORNEY SERV CCE G9.G9 .4P-00297445 62r2010 AB[ VIP A'["I'ORNEY SERVICE 82.80 AP - 00297495 6112010 .ABI VIP ATTORNEY SERVICE 89.6` .AP - 00297495 6/2!2010 ABi VEP A"['TORNEY SERVICE 72.43 AP - 00297495 6/3/2010 ABI VlP ATTORNEY SERVICE 69.88 AP-00297495 6/2/20 t0 ABI VIPAT'PURNE\'SERVTCE 7291 AP - 00297496 t'?'20 t0 ADV.ANCED AL'CERNAI'OR EXCIIANC,L' 119.63 ,4F - 00297496 6!212010 ADVANCED AGTEFtN.ATOR EXCHANGE 76.13 AP-0029749(1 6/2/2010 ADVANCF.,DALTERNATORC-XCiIANGE 76. Li User: VLOPEZ -Veronica Lopez Page: 19 Current Date: 06/10/201 Report:CK_AGENDA_ REG_PORTRAI 'l'_R C - CK: Ageoda Check Register Portrait Layout Timc: [0:04:0 CITY OF RANCHO CUC_~10NGA P-191 At*eceda Cheat Register 5/26.!2010 through 0; S!20 t 0 Check No. Check Date Vendor Name Amouuk AP-(ID29749R (!2;20[0 ,4F-,1-CASCENGINEERING[NC. [,164.39 AP-00297498 6/2/ZOFO .AEI-CASCFN(iTNEERCNG INC. 1,153.75 AP - 00297499 6;2/2010 AGUILERA, [$AIAi{ Sfi.67 AP-0029;499 6/2;20[0 AGU[LERA;ISAIAH 86.66 AP - 00''97499 Gi2,'2010 AGL'ILEEtA, ISAfAH 86.b7 AP-00297500 6/2;2010 AIR SUPPLYCONCER'CSINC. 27,UD0.00 AP - 00297501 0;2/2010 ALL Ci'C1ES'FOOLS 28928 AP - 0029/502 6/2/2D l0 .4LL WELDING 90.00 AP - 00297503 6x2,'2010 AtERICAN ASSOCIATION OF GR4N1' PROFESS 200.00 AP-00297>04 612!2010 AN'PHEMBLtJECROSS 153?61.88 AY-00297505 0/2/20f0 ARAMARKCJN(PORMSERVICES 6.70 4P-OD297505 6/2,!20!0 ARAMARKUNIFORb4SERVICES 5.70 AP - 00297500 6/2."2010 ARNOLD FIELDS PAINTING 1,800A0 ..4P - 00297506 ti,!2P_010 ARNOLD FIELDS PAINTINCr 3,290.00 AP - 00297508 6/2;2010 ARROW T'F2UCK BODIES AND EQUIPMENT INC 885?3 AP -00297508 6/2/2010 ARROW TRUCK BODIES AND EQLITPMEN`[' [N(J 202.53 AP-00297509 U!2/20(0 ASAPPOWERSPORTS 48.00 .4P-00297509 612;2010 ASAP PO\YEI2SPORTS I,45D.D0 AP-00297510 G!?/2010 ASST SECUR[Ty 602.00 AP - 003975! 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(98.04 AP-00297660 6/2/2010 PRE-PAID LEGAL SERVICES 1NC 1 L40 AP-00297661 6;'220(0 PREMIER PET PRODUCTS 441.45' AP - 00297662 622010 PRO-PLANET INDUSTRLAL SUPPLY 644.44 AP - 00^97662 62!20!0 PRO-PLANET [ND[iSTR[AL SLTPPLY 2[5.34 AP-00297664 6.!220L0 RAM[REZ,DARLENE 100.00 .4P-00297664 62(2.0(0 RAMIREZ,DARLEIYE 15.00 AP - 00297665 (i/2/2010 RANCHO CUCAMONGA LIBRARY FOUNDATIOP 6,100.00 .4P - 002976116 6220!0 RANC[IO ESTATES E'P[N'.4NDA 15,0(10.00 AP - 00297667 62,2010 RANCHO PHYSICAL THERAPY 5,000.00 User: VLOPEZ -Veronica Lepez Page: 26 Cun~ent Dafe: 06 /1 012 0 1 Report:CK_AGENDA_ REG_PORTRAIT _RC - CK: Agenda Check Re~isler Poru:tit 1.2y0Ut Time: !0:04:0 CITY OF I3ANCH0 CUCA~IONGA P-198 Agenda Checl: Register 5!262010 Through 6/$Y2010 ('heck No. ~ Check (?ate Vendor Name Amount ,4P - 00297668 6/2/2010 RANDOM HOUSE INC 44.42 AP - 00297669 6.2/20 (0 RBM LOCK AND KEY SEKVICE 17.67 AP-00297670 612;2010 RCPFA R;8>9.42 AP-D0297fi71 6/22010 RDOTR.tJST'~36-5800 70[.22 AP - 0039?672 (ir2/2010 R1iDRlOND SCHR'ARTZ MARK DESIGN INC d27.8J :1P - 00297672 6/2/20!0 REDMC)ND SCHWAR'fG MARK DESIGN INC 4,75D.00 AP-Dt1397ti73 Ei/2/2010 REFIABIb'ES"ffNC 824.00 AP - 00297674 6/22010 REYNOLDS, JAMES 54.36 AP - 00297676 6.~2/20I0 R[DGEL[NE ROOFING 7,.i5D.00 AP - 0029',677 622010 RJM DESIGN GROUP lNC 14 906.83 AP - 00'_976 77 6/22010 RJM DESIGN GROUP [NC 6,2[ L20 AP - 60297678 C~2/20(0 ROBLES SR, RAUL P 75.00 AP -00297678 6/2/2010 ROBL.ES SR, RAC1L P 165.00 AP-00297679 6/2/20EU RUBIO,RONpA 900.00 AP - 00297681 6/2/2010 SAFELITE. FL7LFU~LRAENT INC 207.15 .AP - 00297682 (1'2x'201 O SAN BERNARDINO COUNTY 123.57 AP - 00297633 6%2!2010 SAN BERNARDINO CTY LAND USE SERV ICES C 6;250.00 AP - 60297684 6.212010 SBPE•A 74263 AP-00297639 b/2;2010 SHEAh'LEY F3d.00 :\P-60297685 6;2120€0 SFIEAKLEy 32.40 AF' - 00297(,89 62!1010 SFfEAK.LEy S L60 AP-0029768:1 622010 SHEAKLEY i2-~ .4P-00297685 62/2010 SEdEAtiLEY 7.20 AP - 00297686 6/2/2010 SFIERCFFS CUURT SERVICES 150.00 AP - 00297637 6/22010 SF[ERIPFS COURT SERVICES [09.61 \P-00297688 6/2'201D SHERIFESCUURTSERV[CEg 150.00 AP -66297639 6/2/2010 S(MPLOT PARTNERS 2;096.75 AP - 00297689 6/2.!20!0 ~SIMPL01' PARTNERS 2,012.53 AP-60297639 Cr/212010 SIMPC.O'I~F'ARTNE,RS 330.85 .4P -60297689 6212010 SIMPLUT PARTNERS 1,225.88 AP - 0029769'_ E'3/2010 SO CALIF GAS COMPANY 1.,451.19 AP - 06297692 6;2/2010 SO CALF GAS COMPANY 2,173.60 .4P - 0029?692 6/22010 SO CALF GAS COh1PANy 3,467.97 AP - 00297692 6!2!2010 SO CALF GAS COMPA1Vl' 107.86 AP - 00297692 C>!_'2010 SO C'.ALIF GAS COMPANY 1,308.95 AP- 00297692 6/2/2'070 SO CALIF GAS t:.OMPANY 231.72 AP-0029769^_ 6/21201U SUCAL[FGASCOMPANY 3,794.26 AP-00297692 6!212010 SO CALIF GASCUMPANy 166.92 AP - 00297ti93 6;2,x20 f 0 SG CALCF GAS COR4PANY 876-b0 AP - 00297693 6/2/2010 SO CALIF MUNtCIPAI. ATHLETIC FED tNC. 490.00 .4P-OD29%694 62!20!0 SOURCE GRAPHICS 210.51 AP - 00297699 6;2120 t6 SOtJTHF.,RN CAL IF012NIA EDISUN 43.32 AP-00297699 (i/2/?,010 SOU'C[1ERNCACdFORNIAEDISON 22.09 AA-00297699 6/?/20[0 SOUTHERNCAL[FORNIAED[SON 2L11 AP-00297699 6212010 SOUTHERN CALI~ORNIAED[SON 2190 AP-00297699 b/2/20(0 SOUT[dEKNCAL[FORNIAEDISON 2L2G AP - 00297699 6122010 SOUTHERN CALIFORNIA EDISON 29.3b AP - 00297699 612!2010 SOUTHERN CAL[FURNf.4 EDISON 2190 AP-60297699 62;20!0 SOtJTF[ERNCALIFORNIAEDTSGN IS.G2 AP - 00297699 6/2!20(0 SOLPFHERN CALIFORNIA EDISUN 22.04 AP - 00297699 6!212010 SOU7`F[ERN CALIFORNIA ED[SON 21.1 I AP - 00297699 6212010 SOU'CFIERN CALIFORNIA EDISUN 23.46 AP - 00297699 6/2/2010 SOU'C'E{ERN CALIFORNIA HDISON 21.1 l AP -00297699 62!010 SOUTHERN CALIFORNIA EDISON 21.54 User: VLOPEZ-Veronica Lopez Page: 27 Current Date: 06/10201 Report:CK_AGENDA_REG _POR`fRAIT _RC - CK: Agenda Check. Register Portrait Layout Time: 10:04:0 CITY OF RANCHO CUCAMONGA P-199 A?enda Checl. ReKister Si26,'J_O1 D through 6/8/2010 Check No. Check Date Vendor Name Amomtt AP - D0297699 6.!212010 SOUTEERN CALIFORNIA ED[SON ? 1 11 AP-00297699 6,!212010 SOCTHERNC.ALIPORNCAEDISON 2Lll AP-00397699 62/20lU SOUTHGRNCALIFURNIAEDISON 97.54 AP-OU297(i99 fr'2/201D 50UTHERNCAL,iFORNCAGDISC)N 21.11 AP-00247699 6!22010 SOCJTHERNCALIFORId1AEDISON >9.73 AP - 00297699 622010 SOUTHERA' CALIFORNIA. EDISON 2I SO AP - OU297699 6/2/2010 SOUTHERN CALIFORNIA EDISON 419.78 AP - 00297699 6'2/2010 SOU"t3-lERN CALCFORN[A EUISON 34.43 AP-00297(199 (i2/2010 SO(1THERNCAL[FURN[AF:DISON 68.78 AP-!)0297699 {/2/2010 5UUT'HER:NCALiFORN[AEDISON IO7-y7 AP - 00297699 62/2010 SOUTHERN CAC.IFORN[A EDLSON SU.13 AP-00297699 6/2rZOt0 SOU'fFIEEZNCALIFURNIAED[SON 21.50 AP - 00297699 . br22U10 SOUTHERN CALiPORri7A GDISON 99.07 .4P - 00297699 Ci,!2/20l0 SOCI'I'FIGRN CALIFORNIA EDISON ! I L30 AP-00297699 62/2010 SOlJTI-EERNCAC.IFORNIAEDISON 468:29 AP -00297649 6/2%2010 SOU"CFIE:R:N CALIFORNIA EDISON 21.84 AP-00297699 ti2201D SOUTFIERNC.'ALIFORNIAEDISON 23'6 .4P - 00297699 6/2,!201D SOUTHERN C:ACdFORNIA EDISON 96.03 AP - 00297699 6r?.?U1.0 SOUTHERN CALIFORNLA EDISON 21.11 AP - 00397699 622010 SOUTHERN CALIFORNIA ED[SON 63.48 AP - 00297!199 tir'22010 SOLTHERN CIAL[FORN[A EUISON 21.80 .4P-U0297b99 6/2201D SUCITFIER:NCALIFORNIAEDISON 1638 AP - 00297(,99 622D1 O SOLITIiERN CALIFORNL4. EDISON 205.20 ,4P-OOZ97ti99 f~'2/2U I0 SOUCHERNCALIFOEZNI.AED[SON 23.30 :4P - 00247699 622010 SOCI THERN C.AL[FORNh4 ED[SON 33.49 AP -00297699 6/2/2010 SOUTHERN CALIFORNIA ED[SON 33.49 AP - 00297Cr99 622010 SOUTHERN CALIFORNIA EDISUN 149.69 AP - (10297699 6!/201 U SOUTHERN CALIFORNIA ED[SON 21.90 AP - 00297699 62/201D SOl!'I`HERN C.ALIPOKNIA [:D(SON 21.11 AP - 00297699 6;2/2010 SOL'THE.RN CALIFORNIA ED(SON 48.53 .AP - 00297699 6:2010 SOCTHERN CALIFORNIA EDISON ~ I I. 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V l.0['EZ -Veronica. Lopez Page: 31 Cun•ent t)ate: 06,10'201 Report:CK_AGENDA_ REG_PORTFZA[ T'_RC - CK: Agenda Checl. Re;jstzr Portrait Layout Time: 10:04:0 CITY OF RAlYCFt.O CUCAMQ3Nt~A P-203 A~eadx Cheek Reeicter X26(2070 thFOCglt 6/8/2010 Chec(c No. Check Date Vendor Name Amount AP-00297725 612120{0 WAXLESAN{TARYS[.iF'PLY 711.98 AP - 00297"1'25 6/2/2010 WA7:.IE SAN[TARY~SLtPPLY 82.93 AP - (1039?726 11/2!2.01 fl W ESTCOAS'C MBIIt,q 900.50 AP - 00297727 (11220 E0 W ELULIEF. COMPANY, THE: 375.00 AP-00^97728 6f2/2UJ0 IVELSONANDBELL 325.40 AP-00297729 6122010 WINUOR(NC 6,549.00 AP - 00297730 fi/212010 ZEiE MEDCCAL INCi ~02b~ AP-0029773E 6/31201('} NGWLEUACYCOAPORAT'ECIN 23,437.00 AP -00297731 6/2.!2010 NGW [,GGACY CORPOE.AT'[ON 23,484.00 AP - 0029773 t 6212(}10 NF..W LEGACY COKPOP,t1TION -2,343.70 AP - 00297731. 6/212010 NfiW LEGACY COE2PORAT70N -2,348.40 AP-00297733 fi/2t2010 NEW LEGACYCURPORA'CION 6,462.30 AP-00297733 6,~:>i2(li0 AIRGAS4VEST 2,08ti.97 9E''-00297738 (1/32010 BRODARTBOOKS 52.78 AP - 00297738 6;3/2010 BRODAR'f BOOKS 6.69 AP-110297738 6/3/2010 BRODAE2TBOOKS 4.57 AP - 00297738 6/3/2030 13ROF3r1RT BOOKS 62.75 AP-00297738 (113(20!0 BRODARTBOOKS E6{'{I' AP-00297738 6/3120[0 BRODARTBOOKS 59.49 AF - 00297738 6/.1/2010 BRODART BOOKS 17.6 f AP - 00297738 6Ci/?0 EO BRODART BUOTC.S 4.5 E AP - 00297738 6!3!2010 BRODART BOOKS 4S 1 AP-(}0297738 6!3/20(0 BRODAR'CBOOFCS x•02 AP - 00297738 6!3/2010 BRUUART BUOKS 33.4'5 AP - 00>97738 6/3/2010 BRODART BOOKS 22.55 AP-00297738 613,'201(1 BRODARTBOOKS 11.20 AP -00297738 613!2010 BRODART BOOKS 11.20 AP-00297738 6,~3/20i0 I3ROF)ARTB0C3K.S 38.11 AP- (}0297738 6!'3/2010 ' BROF}ART BOOKS 17.31 AP-00297738 6/3/2010 13RODAR'CBOOI{S 9.02 .1P - 0029 77+8 6/3/2010 BROE:)AR"( BOOKS 4.31 AP-00397738 6/3/2010 BROLIAR'FBt}OKS 11.20 AP-00297738 613120(0 BROL7RR"I'BOOKg 4.51 AP - 00297738 6/3/2010 BFtOD,4R1" BOC}KS 9-02 AP - 002977:18 6/312010 BRODAR'1" BOOKS ! € ~0 AP-0029773R' 6'/3/2(1(0 BRODARTBL7C}KS 9.02 AP - 002.97738 fi'3%2010 BR{)DAR`F I3O(?K5 22.40 AP - 00297738 6./3/2010 BROOAR'F BOOKS 4.5 f AP - 00297738 613/2010 RFtOF}AR`I BOOK5 G.69 - AP - 00297733 6/3/2070 BRO[)AR"t BOOKS 13.53 AP-00297738 (i/3/26L(} BRODAR`F`BOC}KS 9.02 AP-00297738 G;3120E0 BRODARTBOOKS 26.92 AP . {10297738 6/32(} 10 t~}R.<)DART BOOKS 0536 AP - 00297738 6!3/20'(0 BRODAR.T BOOKS 6.69 AP - 0(}29"7738 673/2010 BROF3ART BOOKS 4.57 AP - 00297738 6;3i?O10 BROt)ART BOOKS 4.51 AP - 00297738 6;3!7.010 BRLtDAR.T BOOKS 13.53 AP -00297738 fi13t2010 BROUART BOOKS 9.02 .4P-00297738 6!~!2U10 BROUART-BOOKS 54.17 AP-00297738 6/3/2010 BI20DAE2TBOOKS 6.69 AP-00297738 6/3:"1010 BRODARTF3OOKS 11.20 AP-00297738 6!3/201(} BRODAR`CBOOICS 17.89 AP - 00297738 6'3/2010 BRCtDAR`1' BOOKS 4.5 L AP - 00297738 6/3/2010 BRODART BOOKS .58.64 [iser. VLOPEZ -Veronica Lopez Page: 32 Current Date: Ofi/10120 E Report:CK'_AGENDA_ REG_PORTRAF` f_RC - CK: Agenda Check P.egisier Portrait Layout Time: L0:04:0 CITI' OF RANCHO CUCAMONGA P-204 .Acenda Check ReLister 52620LO through 6152010 Check No. Check Dste L'endor Name Amount A.P - 00297735 6/3/2010 BRODART BOOKS G.G9 AP - 00297738 6/3/2010 BRUDART BOOKS 4.~ 1 AP - 00297738 6/3/2010 BRODART BOOKS 6.69 AP - 00297738 6/32010 BRODAR'f BOOKS 27.05 AP - 002977.33 6/303010 $RODARf BOOKS 27.08 AP - 0029'738 6/32010 BRODAR'f BOOKS 63.16 AE'-OU297T8 6/3;2010 BRODARTBOOKS 9.(12 AP - 00297738 6/312011) BR,ODAR"f SOUKS 257.1 R AP-00297738 6!312010 HRODAR"f BOOKS 13,04 AP - 0(1297738 Gi3t2010 BRODAI2"I' BOOKS 9.03 AP - 00297733 6!32010 BRUDART SOUKS 42.77 AP - 00297738 6!32010 BRODAR'f BOOKS 4-~ I AP - 00297733 6.'3/2010 BRUDART BOOKS 44.80 AP-00297738 6/320!0 BROD:'tRTBOUKS 451. 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(0 BRUDART 1300KS 14.42 AP-00297738 bi3!201G BRUDAR.TBUOKS 34:23 .AP-00297735 613/2010 BR.ODAR1'BOUK3 '-9.40 AP - 00297733 6/3/2010 BRUDAR9' SOUKS 16.60 AP - 00297738 6/3!2010 BRUDART BOOKS 16.93 AP -00297733 6132010 BKODAR'I' EIOOKS 33.4? AP-00297738 6/32010 BRODARTBOOKS IS.SO AP - 002977;8 6132010 BRODAR.T A001CS 15.83 .9P - 00247738 (i/3.2010 BRODART BOOKS t 64.90 AP - (}0297738 6/3/20!0 E3RODART BOOKS 26.92 AP-00297?38 6;312010 BRODAP.TBOOKS 96,36 AP - 00297738 6/32010 BRUDART BOOKS 15.80 .4P-00297738 1,,'3/2010 BRODARTBOUKS 4.51 AP - 00297738 6!32010 BRUDART SOUKS L5.71 AP-00297735 613!20!0 BRUDARTBUOICS 9.02 AP - 00297738 G/312010 BKODAR'f BUUKS 4.51 AP-00297738 6!3/2010 BRODARTBOUKS 6.69 AP-00297738 (i~3i2010 BRODAR"fBOUKS 15.04 AP - 00297"i3R G,~3!2010 $RUD,4RT BUUKS 49.64 AP - 0029; 738 613!2010 BRUDART BOOKS 31.43 I~ser: VLOPEZ -Veronica Lopez Page: 33 Current Date: OGlt0201 Report:CK_AGENDA_ REG_PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Time: L0:04:0 C:I7'Y dF RA'VC:FtO CLiCAt'4CONGA P-205 Agenda Chec[~ t2e;:isfer 5;26/2010 tlnvugh 6/8/2(1!0 Check,Na. Cheek llate Vendor Name Amount AP - 00297738 6! 3i20I0 BRODAR'P Fi?OOKS 11.20 AP - 00297738 Gi3l'ZU10 BRODART BOOKS 9.02 AP - 0029773 $ G,'3 /20I0 ARODAR,T BOOKS 6-69 AP - 00297738 G/3!2010 BRODART BOOKS 4.11 AP-UU2977.i8 6./3/2010 BROUARTBC)OKS tL20 AP-00297738 613/2010 BR.ODAK'i'BOOK~ 2(6.58 AP-{}tl°97738 6,''3(2010 BP_ODARTBC>flK5 49.62 AP-60297738 6/3!'2010 BKUDAR1-Bf_)OICS 4.57 AI''-00297735 6/3Y20F0 BI~tC}DART BOOKS 20.0-J AP-00297738 b/3,'2010 BRODAKTBOOKS 11.20 AP-0029773$ 6!3;2010 BKODAR'1'BOOKg 24.58 AF - 00297738 6/Si261U BROC}ARr BOOKS 17.89 AP - 00297738 6/3/2010 BRd)DART BOOI49 4 5I AP - 00297738 613;2010 BR,ODAR'f 600K.S' 13.53 AP - 00297738 6/3/2010 BROB.AR.T BOOKS 4.51 AP-00297138 6/s'<(li0 BKOI)AK'CBOOKg 4.S1 AP-00297738 11!3/2{110 BRODAR"C BOOKS 58.6=4 AP - 60297738 Cil3i'7.0 k0 BKODAR'C BOOKS 451 AP - 00297738 41!3/2010 BRODART BOC)IC9 3 L27 AP - 00297738 613%24110 BRODART BOOKS 4.51 AP-0029773$ 6/3!2070 BROI)<1RTf300KS 2255 AP-00297738 6/3/2040 BR.ODAR.TBOOgg 4.SI AP - tH)297739 (1'3!20 t0 CUCAMONGA VALLEY ~6'ATEK DISTK[CT 436.1:4 AP - 00297739 6/3!2010 CUCAMONCiA VALLEY WA`CER DISTRICT L75.Ib AP-00297739 6!3/2010 CUCAMONGAVALLEYWATERD[STKICT 792.$0 ,AP-00297739 6!3/2010 CC?CAMONGA VALLEY WA"i'ER DISTRICT 45fi_44 AP - 00297739 6/3/2010 CCFCAMONi,A VALLEY W'ATF,R DISTRICT 401.34 AP - (10297739 6%3/201 C CUCAMONGA VALLEY WATER D1ST'RIC-L' 149.10 AP - 00297739 6/3/2010 C LJC,.4p40NG,4 VALLEY WATER DIST'I:IC'C" 987.14 AP -00297734 6.3;20. C! C'UCA610NGA VALLEY Rr.ATER DISTKIC.T 746.04 AP-00297739 fi/3%2010 CUCAMONGA VALLEY WATER.DIST'Rl('T' !4$.27 AP -00297739 6;3!2010 CUC;AMONCiA VALLEY WATER, C)IS'CRIC'P 147.88 AP-4)0297739 11%3;2010 GUCAA4flNGA VALLEY WAT'EKDIS"CKtC"C 145.55 AP-0(1297739 6/3/2010 CLJCAbTONGA VALLEY WATEK C?ISTKICT 24L23 AP-0029',740 6!3/201(1 [)APP1eKT[FLECO 189.14 AP-00_97"740 6.!3/201(1 DAPF'E3Et'i`!RF.C`0 1.221.38 AP-60297741 6/3/20 E0 GOLFVENTL4tESWEST 69.88 AP-oaz9774I 6!3l2nto aoLP vEN'raRES wt T 2z,zz AP-00297742 613!2610 HOLLIDAYROC„KCUENC 245.85 AP - 00297742 ti,''3%2010 LIOLLIDAY ROCK CO 1NC 429.23 AP-(10297743 6/3/2(1!0 HYDROSCAPEPROI)U(.TSFNC 80.21 AP -00297743 b/3/2010 I{YOROSCAPE PRODUCT'S INC 496.63 AP - 00297743 63!2010 [[YDItOSC'APE PRODUCTS INC. 104.07 AP - 00297743 6r'3/2010 11YDR.OSCAFE PRODUCTS INC 8 L52 AP - 00297743 6,'3%2010 IIYDROSC'APE PRODUCTS INC 10.39 AP-00297743 tii3;2010 LiYDROSCAPEPR.ODUCTSINC 315.,5 .4P - 00297744 6/3!2010 TRL'GREEN LANDCAKE 5,4{15.12 _ AP - 60297744 tr/3/2010 TRUGREEN LANL>CAR.E 1,341.43 AP - 0029?744 6/3/2010 TRUGKESN LANDCARt3 250.13 AP-00'29'.744 6!3/2010 TRLtGRET~L,4NUCARE L,336.05 RP-00_97744 6;3;2010 TKU(3REENLANDCAKE 1,59$.22 AP - 00297744 b'32010 TRIJGREEN F.,ANDCARE t,422.72 Total far Check II) A~!': l,$52,fi.3U.41 User. ~ LOPEZ -Veronica Lopez Yage: 34 f;¢rrent Date: Ofi/10/201 Repast:CK_AGENDA_RE',G_POKTRAFT_RC - CK: Agenda Check Register Poraait Layout Time: 10:04:0 CITY QF RAniCHO CUCAMONGA Agenda Clteck Register 5l26/20ID through G/8/2010 P-206 Check No. Check Date VenAor Name. Amount EP - OOOOI 126 5/26!2010 SAN BERNARDINO CTY SEfER.iFFS DEPT 118.40 EP - 00001 127 526/2010 SOLOMON, LASHONp.1 I5G.00 EP - 00001128 6,'2f2010 CALIF GOVERNMENT VEBA/RANCIIU CUCAMC 1,125.00 EP - (10001128 6/21201 U C4L[F GOVERNMENT VEBA/12ANCi-IO CUCAiviC 475.00 EP - 00001129 6!2!2010 SAN BERNAKD[NO CFY SHERIFFS DEPT 2,13!.146.00 Total for Check ID EP: 2,133,020 40 Totai for Entity: 3,985,650.81 User: VLOPEZ -Veronica Lopez Pale: 3S Current Date: (16/10;201 Report:CiC_AGENDA_REG_PORTRAIT_RC - CK:.Agenda Check Register Portrait Layout Time: 10:04:0 P-207 m f> m r' o m ~ OI r ~ N t0 i o n 10 u+ N ~ r C O ~ ( lV ~ (V N E w U ~ U r C 'L 7 0 O N t mp O Y) p O t N h O O N Vl N W O ~ I N ~- (V H o ~ n U ~ f ~ a' N ~ T` N O tO < y I o~ E ~ o 0 o m .- ~ n m a e v e O~ N O ~ ~ t00 t7 0 e O '~ ~ N ~ ~` m O O O R W C y O = m U ~ ~ N O ~ ~ p V ~ ~ M ~ o ~ Q O W ~ O O LO ^ ~, a U a" C i t, ~ /Sy.~ ~rk-.i: r./~ V O w o b m o 8 A VI O N N m> Q N N 1~ r h ~ ° ~ m ~o eo m ui N r N < N Yn ~ a n ~ m o L q m !O O N > < N Omi N N UN], M N P (O ~ O O O N N N N vi Cl a °i ~ °o °o -N N N Op OO O (~ > a o, apo °o vi m m 1~ O N V < ~ yN vi h N °oN In O N a O H r n 01 I~ m N m ~ m ~ 0) N N O n ~ ~ _ O ~ vii j ? 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R °« ~ 0 '~ r m O -6 O V O a c ~ ~ ~ N ° .= ~a d~ U m ~~ C V C q O I O O C. -R mm O O o m ri m ri m N r _ N [O O G W O 1 ~ N O ~ a ~ a o ` N N m N N C .~ a mmry m ~ c m E m u ~ u m c y c c G m n ~ ~ U N a T ~ O °c ~ u m Q a E U I m `m LL c ' U ~ STAFF REPORT COMMUTIITY SERVICES DEPARTMENT Date: June 16, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Kevin McArdle, Community Services Director By: Paula Pachon, Management Analyst III Subject: APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT RECOMMENDATION In accordance with the City Council's request to become more informed projects and events, this report is provided to highlight pertinent issues, occurring in the Community Services Department. This report is provide informational purposes only. Seniors: RANCHO CUCAMONGA of recreation programs, projects and programs d to the City Council fcr The following table highlights some senior activities that took place during May 2010 as well as the total number of registrations for the year for Wellness Pass and Senior Transportation. Activity Date Number of Partici ants Pool Toumament Ma 7, 2010 16 Central Park Gala May 8, 2010 95 Senior Prom Ma 16, 2010 117 Senior Birthda s Aril 28, 2010 169 Wellness Pass - A es 60+ Total Re istered Jan - Ma 2010 - 810 Wellness Pass - A es 50-59 Total Re istered Jan - Ma 2010 - 340 Silver Fox Ex ress Total Re istered Jan - Ma 2010 - 66 Upcoming Senior Activities are summarized below: Actixit Date Time Pool Tournament June 4, 2010 1:00 .m. Senior Dance June 12, 2010 7:00 .m. Ice Cream Social -First Da of Summer June 21, 2010 1:30 .m. Senior Birthda June 30, 2010 11:00 a.m. • It is anticipated that the Senior Advisory Committee will hold a special meeting on Monday, June 28, 2010, at 9:00 a.m. at the James L. Brulte Senior Center. P-232 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PncE 2 JUNE 16, 2010 Participation in the Senior Nutrition Program for the month of May 2010 is summarized in the table on the following page: Week Date Partici ants 1 5/3 throw h 5/7/2010 1,112 2 5110 throw h 5/14/2010 1,036 3 5117 throw h 5121/2010 991 4 5/24 throw h 5/28/2010 1,086 Total meals served for the month of May, 2010: 4,225 Senior Services: • The table below summarizes participation in Senior Services activities for the month of May 2010: Pro ram Number of Partici ants Blood Pressure Screenin 65 Resource Libra 215 Bereavement Su ort 10 Elder Law Private Counselin 19 HICAP 3 Dr. Cohen - "The Doctor is In" 15 Peo le with Arthritis Can Exercise 339 Sit and Be Fit 328 Special Needs Programs: • The table below highlights Special Needs activities that took place during May 2010: Activity Date (Began) Number of Participants S ecial Needs Prom - "Disco Inferno" Ma 14, 2010 175 Ballet- S ecial Needs Aril 1, 2010 1 Star Performers -Intermediate Janua 6, 2010 16 Martial Arts - Be innin March 31, 2010 2 Martial Arts -Intermediate March 31, 2010 1 Ta - S ecial Needs Aril 1, 2010 6 Movement and Tumblin - S ecial Needs Aril 1, 2010 6 Jazz and Hi Ho - S ecial Needs. March 31, 2010. 5 Star Performers -Intermediate Aril 14, 2010 11 Festival of the Arts, Ma 15, 2010 40 • Upcoming Special Needs activities are summarized below: Activif Date Time Martial Arts - Be innin Jul 7, 2010 5:00 .m. Martial Arts -Intermediate Jul 7, 2010 6:30 .m. Frida Ni ht Fun Club - "Bin o Ni ht and Potluck" June 18, 2010 5:30 .m. IncredABLES Draw and Paint Com uter June 19, 2010 11:00 a. m. IncredABLES Internet Search June 19, 2010 10:00 a.m. P-233 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PncE 3 JUNE 16, 2010 Activit Date Time IncredABLES Com uter Basics June 19, 2010 9:00 a.m. Adults Unlimited June 10, 2010 6:00 .m. IncredABLES Athletes - Soccer a es 15+ June 7, 2010 7:00 .m. IncredABLES Athletes - Soccer a es 10 - 14 June 7, 2010 6:00 .m. IncredABLES Athletes - Soccer a es 5 - 9 June 7, 2010 5:00 .m. IncredABLES Athletes - Basketball a es 15+ June 3, 2010 7:00 .m. IncredABLES Athletes - Basketball a es 10 -14 June 3, 2010 6:00 .m. IncredABLES Athletes - Basketball a es 5 - 9 June 3, 2010 5:00 .m. IncredABLES S uare Dancin June 5, 2010 10:00 a.m. Jazz and Hi Ho - S ecial Needs June 7, 2010 5:30 .m. Mixed Martial Arts - S ecial Needs June 5, 2010 11:45 a.m. Movement and Tumblin - S ecial Needs June 10, 2010 4:15 .m. Ta - S ecial Needs June 10, 2010 5:00 .m. Tech Junction: • The table below summarizes participation in Tech Junction activities for the month of May 2010: Senior Computer Classes Date Number of Partici ants E-mail and E-cards Ma 7, 14 4 Intro to Microsoft Excel Ma 17, 19 4 Intro to Surfin the Intemet Ma 4, 6, 11 9 Intro to Windows and PC Ma 3, 5, 10, 12 15 Public Computer Classes Start Date Number of Partici ants Intro to Word adult 16+) Aril 6, 2010 ~ 4 Intro to Word outh 7-15 Aril 6, 2010 1 Intro to T in Level I A riI 6, 2010 8 Intro to Com uters Aril 6, 2010 4 E-ea Aril 10, 2010 3 Intro to Microsoft Excel Ma 11, 2010 11 Intro to Internet Ma 11, 2010 4 Intro to T in Level II Ma 11, 2010 1 E-Ba Ma 8, 2010 3 Tech Junction Date Partici ants Dro -In Use Ma 427 Senior Classes Ma 82 Public Classes Ma 65 Total Uses/Users 574 • Uocomino Computer Class activities are summarized below Senior Com uter Classes Dates T in June 11, 18, 25 Intro to Microsoft Word June 23, 28, 30 Intro to Surfin the Internet June 7, 9, 14, 16 Managing Multimedia June 8, 10, 15, 17 P-234 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGL 4 JUNE 16, 2010 Public Com uter Classes. Start Date E-Sa June 12, 2010 Intro to Microsoft Word Adult June 23, 2010 Intro to Microsoft Word Youth June 23, 2010 Intro to T in Level I June 23, 2010 Intro to Com uters June 23, 2010 Trips and Tours: Trip Date Number of Partici ants 87th Ramona Pa eant Aril 25, 2010 26 Petersen Museum Aril 28, 2010 26 Chica o -the musical Ma 2, 2010 35 Price Is Ri ht Ma 4, 2010 24 Gett Villa Ma 6, 2010 35 Chukchansi Gold Resort and Casino Ma 2426, 2010 11 • IJocoming Trios and Tours are summarized below: Tri Date Pacific Marine Mammal Center June 17, 2010 Pasadena Gamble House and Pacific Asia Museum June 23, 2010 Rubber Duck Tour Jul 14, 2010 Human Services -Commodities Date Number of Families Served Number of Individuals Served Monda , Ma 3, 2010 432 635 Facilities: • The table below illustrates the number of rentals/bookings and attendance figures for our community facilities during the month of April 2010: Facility Rentals # Rentals/ Bookin s Rental Attendance Building Attendance James L. Brulte Senior Center 65 / 1'81 5,482 21,381 Gold S. Lewis Communit Center 98 / 216 11,466 14,621 P-235 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 5 JUNE 16, 2010 Youth: The table below summaries Youth Proaram Attendance for the month of May. Program Classes/Sites Registrants/Attendance Playschool 45/4 675 / 2,727 Program Classes/Sites Registrants/Attendance Lewis Partnership Kids Club @ Del Mar, & Terra Vista Apartments 2 567 Piayschool's fast day was Thursday, May 13th Playschool Graduation was held on Friday, May 14w at the Epicenter at 6:00 pm Teens: The table below summarizes Teen Proaram Attendance for the month of May. Pro ram/Activit Attendance:/Partici ation Teen Center 660 articipants TRAC Meeting 45 artici ants, 19 s ectators TRAC -Bab sittin 25 artici ants, 7 volunteers TRAC- Babysitter's Worksho 21 artici ants Skate Park 2,298 artici ants, 469 s ectators Skate Safet Demonstration 360 artici ants, 15 s ectators Recreation Contract Classes: • Spring 2010 classes started on March 27`" and ended on May 28'". Summer session will start on June 1 and will wntinue through August 28~". Number df Summer Classes Numberof Class Sites Number of Registrants 318 14 1,140 Facilities: • The table below illustrates the number of rentals/bookings and attendance figures for our community facilities during the month of May. Facility Rentals # Rentals/Bookings Rental- Attendance Building Attendance Lions Center East 20/65 240 1972 Lions Center West 41/101 540 2586 Human Services - RC Family Resource Center: e The table on the following page summarizes Center Proarams/Workshoos Attendance for the month of May. P-236 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 6 JuNe 16, 2010 Pro ram/Worksho Attendance/Partici anon A enc Collaboration Meetin 32 AI-AnonlAla-Teen 75 Alcohol Anon mous 82 Children Crisis Res onse Team 13 Communit Closet Giveawa 169 De artment of Children Services 63 De ressive / Bi olar Su ort 28 ETC Youth Event 10 Facilities Maintenance Trainin 62 I.E. Famil Resource Center Coalition 25 Health Care Benefits for All 3 Hi Ho Class 42 House of Ruth Domestic Violence Class 38 Leadin Ladies -Rainbow Readin Club 36 Le al Aid Societ -Free referrals 45 Math Tutorin 70 Parentin Classes Para Los Ninos 24 PomonaVa!!ey Learning Disabilities Association 39 VNA & Hos ice Trainin 36 Women on the Move 30 Yard Sale 1,250 Youth Accountabilit Board 39 TOTAL 2,208 The table below summarizes the Clients Served by Each Agency Housed at the RC Family Resource Center for the month of May. A encies Housed at the Resource Center Number of Clients Served Touch Ministries 220 Beaut for Ashes 39 House of Ruth 38 Ea le's Wins 18 Li ht House Leamin Center 30 Leadin Ladies 36 Para Los Ninos 23 TOTAL 404 Facilities: The table below illustrates the number of rentals and attendance figures for our community facilities during the month of May. Facility Rentals # Rentals Rental .Attendance Building Attendance RC Famil Resource Center 0 0 2612 P-237 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 7 JUNE 16, 2010 Volunteers: • The table below summarizes the Community Services Department's volunteer usage for the month of April 2010. Division April 2009 # of # of Vols. Hours $ Value* April 2010 # of # of Vols. Hours $ Value' Administration 5 15 $330 5 15 $330 Senior Services 152 1,684 $36,997 152 2,312 $50,795 Human Services 38 212 $4,658 38 160 $3,515 S orts 84 391 $8,590 123 1,012 $22,234 S ecial Events - $0 58 252 $5,536 Performin Arts 75 584 $12,830 92 1,060 $23,288 Teens 18 227 $4,987 16 117 $2,570 Youth Pro rams 2 60 $1,318 13 281 $6,174 Totals 374 3,173 $69,711 497 5.209 $114.442 '6858tl On $Z7.9//tIOU~- ~18t@ BV818gB a5 oefalm~nea ma ,.emorma muaYd~~~crn ~ce~~~. • Staff is working on this year's volunteer recognition program scheduled for June 5`h at a Quakes baseball game. Youth Sports: The table below summarizes Youth Snorts Activities for the May reporting period: Activit # Participants Age/Gender # Teams Northtown Teen Volunteer Club NTVC Meetin 9 6 - 12. grade N/A Northtown Youth Co-ed Softball 15 6-14 bo s & iris 6 Northtown Pee Wee Soccer 6 3-5 bo s & irls 2 Northtown Kun -Fu Karate 9 4-8 bo s & irls N/A Northtown Kun -Fu Karate 2 9-u bo s & irls N/A Northtown Adult Hip-Hop Aerobics 3 18 & up Adults N/A Northtown Hi -Hop Dance 10 5-14 bo s & iris N/A Northtown Build A Beat Drums - NEW 4 5-10 boys & girls N/A Northtown Build A Beat Drums - NEW 6 11-16 boys & girls N/A Pee Wee Sprin Soccer 520 3-5 bo s & iris 64 Cucamonga Middle School - Judo 45 7-12 girls & boys NA RC Family Sports Center: • The table on the following page provides drop-in/open olav and rental participation at the Center for the reporting period: P-238 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT Pwce 8 JUNE 16, 2010 Activity # Partici ants Adult Basketball 708 Youth Basketball 626 Adult Rac uetball 305 Youth Rac uetball 44 Adult Volle ball 8 Youth Volle ball 78 Adult Walle ball 1 Youth Walleyball 85 Jazzercise 1,215 Rentals 400 Youth Judo 72 Team Volle ball Practice 620 Futsal Soccer 13 Adult Sports: • The table below summarizes adult sport activities for the reporting period: Activit # Partici ants # Team Gender Softball 2,380 170 Males & Females Adult Basketball 326 34 Males Rac uetball 10 N/A Males & Females Soccer 276 23 Males & Females Dro in Soccer - Monda s 115 N/A Males & Females Tennis 12 N/A Males & Females There were four (4) adult softball tournaments during the month of May at the Epicenter. Cultural and Performing Arts: • The table below summarizes Theatre Arts Academy classes during the reporting period: Activity Participants/Attendance Teen Actors Bootcam 81 Singing for a Lifetime 84 Youth Theater Worksho 264 Show Stoppers 212 Video Production 31 RC DVines Choir 20 Broadwa Babies 5g TOTAL 751 Community Theatre rehearsals/auditions included the following during the reporting period. Activit Partici ants/Attendance Spotlight on the RC 7g Peter Pan 230 P-239 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PncE 9 JUNE 16, 2010 Other rehearsals/programs/auditions included the following during the reporting period. Activity Participants/Attendance Proof (BlackBox) 85 Court Yard Proarams Included the following during the reporting period. Date Activity Attendance Saturday, 5/15/10 Shipwrecked Pirate Adventure Treasure Island Festival 700 Rental Activities: The table below summarizes rental activities in Celebration Hall and Imagination Courtyard at the Cultural Center for the month of May: Celebration Hall Rental Events Date Event Attendance Thursday, 5120/2010 Peri-natal Services Conference 72 Thursday, 5/27/2010 HDTI -Board Meeting 30 TOTAL 102 Libra and Other City Governmental Department's Cultural Center Events Date Event Attendance Thursday, 516/2010 Library -Reading 250 Enrichment Graduation Friday, 5/7/2010 Library -Asian and Pacific 800 Heritage Night (Celebration Hall, Imagination Courtyard, MainStreet Lobb Saturday, 5/29/2010 Library -Star Wars Day 2,000 (Celebration Ha11 & Imo ination Court and TOTAL 3,050 Volunteer Events Date Event Attendance Thursda , 5/6/10 Treasure Island -Preview 20 Thursda , 5!20/10 Proof- Preview 15 P-240 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PnGe 10 JUNE 16, 2010 Lewis Family Playhouse: During the reporting period, the Lewis Family Playhouse was host to a wide variety of productions, community programs and private rentals. The table below summarizes this information for the reporting period. Lewis Famil Pla house Communi Theatre / Broadwa the Gardens Productions SHOW DATE Tickets Sold NUMBER OF EVENTS S otli ht on the RC 5/28/i0 235 1 Lewis Famil Pla house Theatre for Youn Audiences TYA Productions SHOW DATE Tickets Sold NUMBER OF EVENTS Treasure Island 5/7/10-5/22/10 7929 21 Studio Theatre BlackBox Productions SHOW DATE Tickets Sold NUMBER OF EVENTS Proof 5/21/10-5/23/1 D 329 5 The fable above reFlects number of tickets sold (or various pertormances during the repomng penoa. ¢ coos nor renecr aauai pm,una ,,, attendance. Public Lobby: The Lobby to the Victoria Gardens Cultural Center is open to the public six days a week. During the reporting period, local residents visited the public areas. Public Lobby Total: 904 Parks: The table on the following page provides usage information for park picnic shelters and special use facilities for the month of April 2010: ParkfShelter Attendance # Rentals Red Hill 8,892 81 Heritage 2,273 42 Milliken 2,132 40 Hermosa 503 42 Day Creek 540 20 Coyote Canyon 421 14 ictoria Arbors 550 13 mphitheatre at Red Hill Park 790 3 OTAL 16,101 255 E uestrian Center 110 4 'Equestrian participants include drop-in use. P-241 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PncE 11 JUNE 16, 2010 • Park monitors continue to keep daily reports of activities in our parks, often helping out residents in need of assistance. Equestrian Center: Staff continues to meet quarterly with users of the Equestrian Center (Alta Loma Riding Club, Rancho Rebels 4-H, Rising Stars of Equestrian Therapy and Rancho Cucamonga Citizen Mounted Patrol) to address maintenance needs and programming. Park and Recreation Commission: The Commission's regular meeting was held on May 20'h. The following items were discussed/acted upon at this meeting: - Update on Community Services Departmental Sponsorships and Partnerships. - Announcement of the 2010/2011 Season of Performances for the Lewis Family Playhouse at the Victoria Gardens Cultural Center. - Review of City Council updates. - Approval of minutes from the Commission's April 15, 2010 meeting. - Update and establishment of future agenda items for the Senior Advisory Committee. - Update and establishment of future agenda items for the Sports Advisory Committee. - Consideration of field allocation proposals for youth sports groups fall/winter season. - Consideration of a light variance requested for Minor, Major, Junior and Senior Divisions All- Star Tournament hosted by District 71 Little League during June 26-July 22, 2010 at Heritage and Red Hill Community Parks. - Review of proposed fee modifications for program activities and facilities operated by the Community Services Department. - Follow-up from a Commissioner's request for information regarding volunteerltraining opportunities for a targeted age group in the community. - Community Program Schedule -May through July 2010. - Committee updates from: Trails Advisory Committee, Sports Advisory Committee, Senior Advisory Committee and Armed/Veteran's Reflection Area Committee: Rancho Cucamonga Community Foundation: • The annual meeting for the Rancho Cucamonga Community Foundation took place on Wednesday, June 9, 2010. The following items were discussed/acted upon at this meeting: - Board Development Training for Successful Fundraising. - Administration of Oath of Office of new Board Member. A Election of Officers (Chair, Vice-Chair and Secretary/Treasurer). - Committee Update Reports (Golf, Spring Event, Executive/Finance, Board Development, Performing Arts Giving and Special Campaign Committees). - Update on the Playhouse Party Train (Spring Event) and approval of an event budget. - Consideration of a request from Associated Artists of the Inland Empire. - Discussion of a recommendation from the Executive/Finance Committee pertaining to a date/time for an annual recognition of donors and approval of an event budget. - Request for approval of a staffing recommendation for the Rancho Cucamonga Community Foundation. - Discussion of a recommendation from the Executive/Finance Committee concerning a Board Retreat and approval of an event budget. - Requests for approval of Fiscal Year 2010-2011 budgets. P-242 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT Pnca 12 JUNE 16, 2010 - Request for approval of a recommendation from the Executive/Finance Committee regarding name change of the Community Foundation. - Reyiew of the Community Foundation meeting schedule for fiscal year 2010-2011. Kevin MtyArdle Community Services Director 1.'ICOMMSERVICounci!&BoardslCltyCounciAStaffReports1201OICSDUpdate.6.16.10. doc List of Partners at the RC Family Resource Center February 2010 1. AI-Anon/Alateen a. Rental charged $16.50 each month b. Has three separate groups (Monday morning -Spanish, Monday evening -English and Tuesday evening -Spanish) c. Provides a support group for adults and teens whose lives are affected by an alcoholic. 2. Alcoholics Anonymous a. Rental charged $16.00 per week b. Has a meeting once a week on Fridays c. A big book traditional twelve step program offering the alcoholic a way to develop a satisfying life without alcohol. 3. Abundant Living Family Church a. Referrals only. Partner does not provide programming at the center b. Local church -provides food, clothing and furniture to those in need. 4. Beauty for Ashes a. Partner has a cubicle space in the back office. b. Provides assistance and programming to women who have recently come out of incarceration. On-site assistance includes job search and support groups. c. Offer support group for women on Wednesdays. d. Also has a home buyers class and financial planning class offered in the Grapevine but has just to be implemented due to no enrollment. 5. Building a Generation a. Referrals only. Partner does not provide programming at the center. b. Family Resource Center in Redlands c. Assists with information for residents in the that area 6. CampFire USA: Children's Program a. Referrals only. Partner does not provide programming at the center. b. Provides programming for youth from birth to 21, boys and girls with programs designed and implemented to reduce racial, cultural and sex role stereotypes and to foster positive intercultural relationships. 7. Center of Christ Ministries a. Lead by Kathy Flowers who also heads Leading Ladies b. Has cubicle space in the back office. c. Provides programs for adults centered around building healthy relationships. 8. Chaffey Adult School a. Currently does not provide programming at the center. b. Used to provide an ESL (English as a Second Language) class at the center. Due to low enrollment program has been moved to the Northtown Community Center. 9. Chaffey Unified School District a. Partner does not provide programming at the center. b. Partner participates in the RC Youth Coalition (ETC -Every Teen Counts program) c. Provides workshops and conferences for professionals at the center. 10.Community Action Partnership a. Newest partner b. Will have cubicle space at the center starting sometime in April or May. c. Will provide the community with gas vouchers, rent and utility assistance, motel vouchers, clothing and food vouchers. d. Contract will end in September 11. Community Assistance Program a. Referrals only. Partner does not provide programming at the center. b. Provides assistance to those in need including help with shelter, rent assistance, utility assistance, food and clothing, legal services, counseling and various family programs. c. Assistance provided for Fontana Residents d. Holds a monthly resource meeting on the 3`d Thursday of each month form gam-11am at the Water of Life Church in Fontana, CA. 12.Community Care Hospice a. Referrals only. Partner does not provide programming at the center. b. Used to provide agrief/loss counseling support group at the center but stopped due to low enrollment. c. Provides assistance to chronically ill patients to relieve pain and other symptoms and the enhance the quality of remaining life by keeping the patient as comfortable as possible in a familiar environment with family and friends. 13.Community Crises Response Team a. Support for families with children under the age of 18. b. Used to provide a family support program for parents of teens. One program in English -Monday and one in Spanish -Wednesday. Stopped providing program due to low enrollment. 14. Community Senior Services a. Referrals only. Partner no longer provides programming at the center. b. Provides resources, counseling and assistance to seniors. c. Used to provide a caregivers support group but stopped due to low enrollment. d. Also has a senior help line. 15.Daily House Network a. Referrals only. Partner does not provide programs at the center. b. Transitional housing for recovering men and women. 16. Depression Bipolar Support Alliance Rancho Cucamonga (DBSA) a. A Support groups for individuals suffering from or are affected by someone with a mood disorder. 17.Dept. of Aging and Adult Services a. Referrals only. Partner does not provide programming at the center b. Partner does use facility for training sessions and workshops for employees. c. Provides programming and assistance to seniors. 18.Dept. of Behavioral Health a. Partner does not provide programming at the center. b. Partner participates in the RC Youth Coalition (ETC -Every Teen Counts) 19. Dept. of Children's Services a. Partner does not provide programming at the center b. Partner participates in the RC Youth Coalition (ETC -Every Teen Counts) c. Partner does use facility for training sessions and team decision making meetings for clients. 20.Dept. of Public Health a. Referrals only. Partner does not provide programming at the center. b. Provides assistance and information to San Bernardino County residents. c. Programs include, but are not limited to, animal care and services, traffic safety, alcohol and drug prevention, waste management, immunizations and WIC. 21. Eagles Wings a. Provides counseling for domestic abuse victims and abusers. b. Has already established her own clientele. Only uses facility as a mutual and safe place to meet her clients. 22.Frito Lay, Inc. a. Partner does not provide programming at the center. b. RC Family Resource Center Administrative staff can contact to get free chips for various events. 23. Healthy Families -Cucamonga School District a. Referrals only. Partner does not provide programming at the center. b. Currently the program has been stopped due to budget cuts. c. Provides families with children enrolled in the Cucamonga School District with healthcare benefits. 24. Healthcare Benefits for All a. Referrals only. Partner does not provide programming at the center. 25. House of Ruth -Walk-In Hours Hotline (909) 988-5559 Hours Monday -Friday 9:00 am - 5:OOpm a. Provides Services, Individual Counseling, Support Groups, Legal & Social Services. 26.Inland Empire Health Plan (IEHP) (868) 294-4347 Affordable Health Care Plan 27.Inland Empire United Way (866)272-0350 Serves all areas. a. This program assist low-income participants in gaining basic telephone services instead of discount rates. 28.Inland Valley Justice Center (909) 621-7450 a. Mediation instead of Courtroom proceedings 29. Kids Come First (909) 873-9125 a. Health Services to the medically underserved children ranging from 0-5 years old 30. Leading Ladies a. Ages 3 - 5 years old. Learning for children activities, Arts and Crafts. b. RC Family Resource Center Tuesdays 10:OOam - 11:OOam 31. Legal Aid Society (866) 889-7328 Serves all areas. Wednesdays, 10am -12pm a. Free Legal Assistance, preparation of legal documents, allows clients to represent themselves on all Family Law and Guardianships. 32. Lenders Who Care a. Education in providing assistance for home owners, mortgage issues, and how to become a home owner. 33. Lewis Apartment Communities a. 34. Lighthouse Education Resource Center a. Providing parenting classes for parents of teenager, Like Skill classes for Teens and Youth Empowerment Courses b. By Appointment only at the RC Family Resource Center 35.Making a Difference Association a. Providing support and assistance to drug and alcohol effected children b. Family Support Programs for the whole family that are effected by alcohol abuse 36. Mercy House a. Transitional shelter for women and single mothers with children under the age of 10. 37. Molina Healthcare a. Healthy families program for the low-income community b. Provides assistance to low-income families in locating low cost health insurance. 38.Option House a. Provides intervention and prevention programs for teens that may be living a destructive lifestyle 39. Pacific Clinics T.A.Y. Center (Transitional Age Youth) a. Provides assistance in mental health, case management, intervention programs for transitional age teens. 40. Para Los Ninos a. Family assistance in parenting classes and case management for families that have children 0-5 b. Provides hotel voucher, food voucher, diapers, and hygiene materials 41. Pomona Valley Learning Disabilities Assoc. a. Provides support for families that have a family member with disabilities b. Support groups providing social 8~ educational assistance for individuals with learning disabilites 42. Project Sister a. Assistance with domestic violence issues b. Youth programs in providing prevention in dating violence 43. RC Youth Coalition (ETC Every Teen Counts Program) a. Organizations that work with at-risk teens coming together for networking opportunities 44. Reach Out a. Provides a mentoring programs for teens that are at risk b. Assists with environmental prevention for the community c. Parenting assistance for parents of at risk teen agers 45. Resurrection Ministries a. Works with teenagers in providing life skill classes 46. Salvation Army a. Food and basic needs program b. Assists homeless in finding shelters c. Is only a referral organization for the RC FRC 47.Sensible Senior Home Care a. Providing assistance in outreach to the Senior community b. Assists with programming at the RC FRC with senior activities 48. Seventh Day Adventist a. Provides bread from Panera every Friday of each week for the community b. All bread is delivered to the RC FRC 49.The Connection a. Provides encouragement and empowerment to families and individuals that are on hard times b. Provides hot meals, clothes giveaway, hair cuts, and basic needs all free of charge to the community once a month 50.T.O.U.C.H Ministries a. Provides backpacks to the homeless b. Backpacks include food, water, clothing, blankets, and hygiene products c. At the RC FRC every Tuesday, Thursday, and Friday of each week 51.VNA Hospice a. Provides training for nurses that do home cares b. Provides assistance to the community on how to receive home care for individuals 52. Volunteers of America a. Provides a variety of human service programs including home and health care. b. Referrals only. Partner does not provide programs at the center. 53.Water of Life Church a. Referrals only. Partner does not provide programs at the center. b. Referrals for food and basic needs 54. Women on the Move Network a. Weekly after school program for mentoring young girls aging 9 to 11 b. Designed to build confidence, promote good character, and expand horizons through enjoyable activites. 55.Youth Accountability Board a. A component from the San Bernardino Probation Department that assists with teenagers that may or be at risk in entering into the juvenile court system. b. Group of community members meet with families and teens in the objective in preventing teens in basic life choices. P-243 STAFF REPORT COMMUrIITY SERVICES DEPARTMENT' Date: June 16, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Kevin McArdle, Community Services Director By: Paula Pachon, Management Analyst III Subject: APPROVAL OF A RECOMMENDATION FROM THE PARK AND RECREATION COMMISSION REGARDING PROPOSED FEE MODIFICATIONS FOR PROGRAM ACTIVITIES AND FACILITIES OPERATED BY THE COMMUNITY SERVICES DEPARTMENT RECO~lIMENDATION: It is recommended that the City Council approve a recommendation from the Park and Recreation Commission pertaining to proposed fee modifications for program activities and facilities operated by the Community Services Department. BACKGROUND/ANALYSIS: On an annual basis, the Community Services Department recommends modifications to the Fees and Charges Schedule to reflect identified needs from the previous year. As a part of this process, the Department presents the proposed modified fee schedule to the Park and Recreation Commission for their review and modification as deemed appropriate. The Commission then forwards its recommendations to the City Council for their consideration. Last year significant effort was undertaken to simplify and clarify user group classifications and scheduling benefits. A very important goal was to tighten up on the use of City facilities by outside governmental agencies to insure that their use is providing a service to Rancho Cucamonga residents, and that free room use by outside government agencies is limited to those facilities which are not in high demand for other resident uses. The fee schedule included modifications which restricted Group 1 outside government use to the Lions Community Centers and meeting rooms at the Family Sports Center. Additional clarifying language has been added to the-Group 1 classification specifications this year specifically pertaining to San Bernardino County rentals groups. On page 1 of the attached fee schedule, the Park and Recreation Commission is recommending that in Group 4 the word 'resident' be omitted as the definition already defines the qualifying organization as City. Last year staff hourly fees increased from $12.00 per hour to $15.00 per hour to more accurately represent actual costs. This change allowed the Department to recover actual cost for personnel that may be required for an event/activity. This year a $20.00 per hour fee has been added for Technical/Front of House/Box Office staff at the Lewis Family Playhouse. This proposed rate is slightly higher than that charged for Community Services Building staff due to the technical/professional nature of the Playhouse staff. P-244 APPROVAL OFAREOOMMENDATIONFROMTHEPARKANDRECREATION PAGE2 COMMISSION REGARDING PROPOSED FEE MODIFICATIONS FOR PROGRAM ACITVITIES AND FACILITIES OPERATED BYT'HE OOMMUNITYSERVICES DEPARTMENT JUNE 16, 2010 Clarifying language concerning refunds and transfers for classes, workshops and programs has been added to the Department's Fee Schedule this year to assist staff and public in enforcing the Department's policy (see Page 2). In addition, a.$10.00 refund administrative fee is being proposed to cover staff time in processing refunds and transfers. Fees for indoor facility rentals have been rounded off to the nearest $5 amount across all facilities for consistency and ease in application. One new fee to this year's Schedule of Fees is an Application Fee. The Application Fee is anon-refundable charge applied to every facility/park shelter rental request. This new fee is an attempt to capture reimbursement for staff time spent in processing the rental requests. Should an applicant cancel a room reservation, their rental fees would be refunded in accordance with the Department's fee policy less the proposed new Application Fee charge. The Park and Recreation has modified staffs recommendation by adding an additional Application Fee category of Full Event Hall with an associated fee of $75.00 (see Page 3). The Department receives hundreds of requests for moon bounces in conjunction with park picnic shelter rentals each year. Processing these requests requires additional staff time to monitor insurance documents as well as on-site monitoring by the Department's park monitors. In order to capture a part of reimbursement for staffs time, a Moon Bounce/Inflatable House fee of $25.00 per bounce per day has been added this year for your consideration. Three additions to the Epicenter portion of the Department's Fees and Charges Schedule have been added to this year's modifications for your review and approval. These include (1) the creation of a new rental fee for the open space/grass area located between parking lots A & B at the Epicenter; (2) a fee for General Still Photography; and (3) a staff charge, at the rate of $15.00 per hour, for rentals at the Epicenter. One general note to the attached fee schedule is that proposed deletions to the Department's fees are noted in the attached document in strikesErE and proposed changesladditions are noted in bold, italic, underlined type. Should the City Council approve the recommendation by the Park and Recreation Commission, it is anticipated that the new fees for program activities and facilities operated by the Community Services Department would take effect on, or-after July 1, 2010. Kevin MdArdle Community Services Director I:I COMMSERV I Councll&BoardslCityCouncillStaffReports12010iFees6.16.10. doc P-245 `~ ~ P. a e ~ ~~ . l s RSA /~ M R.4NCH0 CiJCAMONGA Community Services Department CQMMUNITY SER1fICES DEPARTlVdENT FEES AND Ct-BARGES SCHEDULE PARK & RECREATION COMMISSION .~iPPROYAL uN: iJIAY 20, 2Q~ i O CITY COUNCIL REVIEWED ON: ~" ° °, °^^° JUNE 16. 2010 EFFECTIYE DATE: n^"^°°° ' n ~nnn ~~~ ~. _ ~~a,~`,. ~I. ~ _~ ~ ~;~nS Eoe~~' Apo RViCMO CUCAMONGA Gu,mvnry ScYre. Depnv.rn. . Community Services Department Fees and Charges Schedule P-246 FACILITY USER GROUP CLASSIFICATION CHART AND DESCRIPTION ........................... 1 GENERAL PROGRAM FEES AND FEE POLICIES ................................................................. 2 GENERAL INDOOR ROOM RENTAL FEE POLICIES ..............................:.............................. 3 INDOOR ROOM RENTAL FEES AND FEE POLICIES ............................................................ 4 Central Park - Goldy S. Lewis Community Center ..........................................................................4 Central Park -James L. Brulte Senior Center .................................................................................4 Civic Center Courtyard ......:..............:.................................:............................................................5 Equestrian Center ...........................................................................................................................5 Lions Center East ...........................................................................................................................5 Lions Center West .......................................................................................................................... 5 RC Family Resource Center ...........................................................:...............................................6 RC Family Sports Center -Courts ..................................................................................................6 RC Family Sports Center -Rooms ....................................................................:............................ 6 victoria Gardens Cultural Center ....................................................................................................7 OUTDOOR PARK FACILITY RENTAL FEES AND FEE POLICIES ........................................ 9 Park Picnic Shelters ........................................................................................................................9 Red Hill Community Park Amphitheater ..........................................................................................9 Special Event Areas ....................................................................:::...:..::::.::::..::.................:............ 9 PARK SPORTS FIELD RENTAL FEES AND FEE POLICIES ................................................ 11 General Park Sports Field Fee Policies ............................................. ............................................11 Sports Fields Rental Fees and Deposits ........................................... ............................................11 Sports Field Lighting Fees ................................................................ ............................................11 Snack Bar Rerital Fees and Deposits .....................................::......... .........................:.:................11 11 Storage Rooms Fees and Deposits ................................................... ............................................ EPICENTER RENTAL FEES AND FEE POLICIES ................................................................12 Epicenter Community Sport Fields Rental Fees and Deposits ...................................................... 12 Epicenter Stadium Complex Facilities Rental Fees .......................................................................12 Epicenter Parking Area Rental Fees ............................................................................................12 Epicenter Special Event Area Fees ................................................................................ 12 Epicenter Filming Rental Fees ......................................................................................................13 Epicenter Stadium Service Fees, Fee Policies and Deposits ........................................................13 P-247 FACILITY USER GROUP CLASSIFICATION CHART AND DESCRIPTION GROUP Qualifying Type of Function Specifications Or anization Outside Govemmental Programs, meetings or Govemmental agencies having an approved, written Agencies (RC Resident events that directly serve the partnership with fhe City. Group t facility users are only Benefit Use) Rancho Cucamonga permitted at specfied facilities indicated on the fee community and fulfill the schedule. At facilities where Group 1 users are not mission of the organization. permitted, these Groups shall pay Group 2 rates. If a Group 1 user wishes to San Bernardino County croups will be llmtted to rentals a facility for a ur ose u during apereting hours of Lions East. Lions West and the p p se other than above, they will RC Famtlv Sports Center Monday- Friday. with reservations allowed no more than 3 months in advance. be classified as Group 3 One Saturday rental oer month will be oermltfed at fhe user. RC Famtlv Sports Center All other requested times will be charoed Group 2 rates. ~ Non-profit cwic, athletic, Programs, meetings or Compliance with City Non-Profit Eligibility Policy is social organizations, events that directly serve the required to receive Group 2 status. churches and schocls Rancho Cucamonga 2 based in Rancho community or the mission of i ti Cucamonga. the organ za on. Group 2 facility rental rates are highly discounted to allow for consistent and affordable use of facilities by non-profit groups serving City residents. To insure consistency among user groups, the City cannot consider rontal fee waivers by Group 2 users. Approved P.C non-profit youth ser.~ng organizations are permitted one free 9oatd meeting or membership meeting once per month. These groups may also use one room for participant registration vrithout charge up to two times a year prior to their season/event for up to four hours per use. These free uses are only available at Lions Community Centers or Family Sports Center as space permits. Outside Governmental Events/programs that do not Events/programs not directly providing a service to the Agencies (Non-RC Benefit meet Group 1 criteria. Rancho Cucamonga community, or not fulLlling the Use) mission of the organization. Resident non-profit Private events/programs that Events/programs not directly providing a service to the organizations do not meet Group 2 criteria. Rancho Cucamonga community. City Residents Any approved function Employee Organizations Any approved function 3 Political Candidates Any approved function Political Oryan izations Non-resident non-profit, Any approved function civic, social organizations and schools City residea4 commercial, Any approved function business and profit making organizations 4 .. Non-residents _ Any approved function Non-resident employee Any approved function organizations, commercial, business and profit making organizations and churches City of Rancho Events, meetings and No rental fees. Costs for additional staff or equipment C ~N Cucamonga programs which are directly must be recovered from the sponsoring Department. hosted and coordinated by a See separate City Departments Facility Use Policy. City Department for official business. P-248 Alcohol Use Fees: Alcohol Use is permitted only at approved alcohol use City facilities (Central Park, Rancho Cucamonga Famil~ Resource Center and the Victoria Gardens Cultural Center). An additional $500.00 Renlal Deposit and a $50. Administration Fee will be required for alcohol use rentals. City Staff Fees: -9~ BB~r ~-F C IasseslWorkshops/Programs: Classes and workshops shall be structured on acost-covering basis, and fees shall be set based upon the market rate of similar programs provided in the cities of Chino, Fontana, Ontario and Upland. issued. Community Services Department Partnerships: The City of Rancho Cucamonga Community Services Department may enter into written agreements with organizations to provide services to residents of Rancho Cucamonga. In such cases, the terms and fees associated with such agreements will be negotiated by staff and approved by the Community Services Director. Non-Resident Charge: A $12.00 fee shall be paid by each non-resident, each class, each team member, each season, to participate in City-sponsored classes. Said fee is payable at the time of registration. Non-Resident Charge does not include one-day activities or any trios sponsored by the City. Senior Transportation Program: A $25.00 annual user fee is applied to all residents using the Senior Transportation Program. Senior Wellness Pass Program: A $12.00 annual user fee is applied to all senior citizen residents using the Senior Wellness Pass Program. Replacement badaes• 52 00 for first replacement and 55.00 for each additional. P-249 Application Fee: GENERAL INDOOR ROOM RENTAL FEE POLICIES Cancellation Fees: Refunds of facility rental fees (excluding the Application Fee) will be processed aU. as follows for all facilities excluding the Lewis Family Playhouse (See Page JCX): • 30 or more calendar day notice -full refund of all fees (less the Applfcation Fee) • 15-29 days notice - 100% refund of ail fees; 0% of deposit' (less the Application Fee) • 2 to 14 days notice - 50% refund of all fees; 0% of deposit' (less the Application Fee) • Less than 2 days notice - i~o Refund "If deposit exceeds estimated amount of rental fees, then 100% of rental fees will be forfeited and the balance will be refunded. Community Center Facility Rentals: Nourly fees are based upon weekday Business Hours Use, Monday through Thursday from 8:00 a.m.-10:00 p.m. and on Friday from 8:00 a.m.-5:00 p.m. An increased rate for weekend Extended Hours Use will be applied to Friday night use after 5:00 p.m. and for all use on Saturday, Sunday and oven holidays. ..... Rental of Central Park requires a four (4) hour minimum charge for Friday after Spm, Saturday, and Sunday. .. Rental of the RC Family Resource Center is subject to facility policies and limited to use by Partners. Lions Community Centers East and West is the designated rental facility for Group 1 users Facility Decorating Discount: Rooms may be reserved for up to two (2) hours prior to and after the event at the rate of 50% of the normal room rental rate for the purposes of set-up and removal of decorations. Overtime Fee: For rentals that go over in time from their rental contract a fee will be assessed equal to,staff cost plus rental fee.(o be calculated at a rate of time-and-a-half. Rental Deposits: A Rental Deposit is charged for all rentals at City facilities and will be returned as long as there is no damage to the facility, no overage of time and the renter has been compliant with the rental policies of the Department. An Additional Rental Deposit may be required according to evenUrental requirements and the City's risk assessment. • $25 for small room rentals • $50 for large room or hall rentals • $75 for full event hall rentals • $100 for the Lewls Family Playhouse P-250 - - • . Business Hours • Extended Hours Room Name Group 1 Croup 2 Croup J Croup 4 Raom Name Group 1 Croup 2 Group 3 Group d Raam Siu Rental Deposit Rdeelie •ZanC~ie $66 80 $'166 88 $362- 00 ~ $580.00 Cueamaaga kiaU Ne-use $40:AB 5137,00 $f48:00 Gdcarsrenga klaN NB-use : : : u Rancho Rancho $>3790 $482 00 $219 00 Event Cucamonga Ha118 No use $64.00 65.00 $957,00 1S 60.00 5466:00 190.00 Cucamonga Hall 8 No use 590.00 , 195.00 , 220.00 Hall $500.00 Kitchen Kitchen Alta Loma No use 2$ 5~5~~0 $60.00 Alla Loma No use 3$ O.~ 7~.~ ~ ~ Large $250.00 Cucamonga No use 2$1~-~ 6&55. $60.00 Cucamonga No use 3520: ~ 7$60:0 8~0 Large $250.00 Etiwanda No use 53598 20.00 552.00 55.00 $60.00 Ellwanda No use $25:80 30.00 566:00 70.00 572-00 80.00 Large $250.00 Creative Corner No use ~~ 20.00 $5300 55.00 $60.00 Creative Corner No use ~~~ 30.00 $6500 70.00 5~~ 80.00 large $250.00 Dance Trail No use 51-1.00 15.00 $37'00 0.00 S4z00 50.00 Dance Trail No use 20.00 55.00 ~~ 60.00 Small $100.00 Chipmunk No use ~~ 15.00 ~~~ 40.00 547'00 50.00 Chipmunk No use 53F*90 20.00 $b3~00 55.00 ~~~ 60.00 Small $100.00 Fox No use 1515 00 ~7-:~ 5$ p ~ Fox No use 2$t~~~p 5~5 pp 6p Small $100.00 Raccoon No use $3-1'00 15.00 $37`00 40.00 $47'00 50.00 Raccoon No use ~g 20.00 5~0 . 55.00 558b0 60.00 Small $100.00 Grizzly Gulch / Bear Flat No use $35:00 20.00 $53.00 55.00 $60.00 Grizzly Gulch /Bear Flat No use $2900 30.00 $56:00 70.00 57290 80.00 Large $250.00 Grizzly Gulch No usa $39.00 15.00 $3700 40.00 567-00 50.00 Grizzly Gulch No use ~~ 20.00 $53-00 55.00 ~~ 60.00 Small $100.00 Bear Flat No use 1$3500 535:00 e0 00 Bear Flat No use y0~pp 500 80 Small 5100.00 Big Horn No use 1515 5'~0-.00 5545` Big Horn No use 2$tQ pp g5~5~p~ 6$ ~~~p Small $100.00 Teen Lodge No use 250 5$55~~ $60.00 Teen Lodge No use 3~'~ 560.E 857 Large $250.00 Large Kitchen No use $&1,00 20.00 526,00 30.00 537.00 0.00 Large Kitchen ~ No use 52-1,90 20.00 526:00 30.00 $3790 0.00 Ne~fee Kitchen $500°80 No Fee - - Business Hours • Extended Hours Room Name Gr'up Group Group 3 C'r4up Room Name Group 1 Group 2 Group 3 Group 4 Room Size Rental Deposes Davitl Dreier Event Hall David Dreier Event Hall e ~° 554 90 592G00 90 5346 Event ~~ (~yi~-k~4~era3 No use ~-~~ 50.00 $105.00 546.90 130.00 , (with-kiis4~ew) No use : 70.00 130.00 : 150.00 ~ Hall $500.00 East 8 West East B West with Kitchen with Kitchen Wes Hall No use 2$90&.00 5$55.00 $60.00 WeE sit Haii No use g3~p00 7~p~pp 6$ p pp Large $250.00 Eases tHa I No use 2$1~~~ 5 $60.00 EasEv t Ha 1 No use 3$2~~~ 7~~~ 6~~~p Large $250.00 Cardlo Peak No use ~'~ 15.00 ~7~ .00 $4.90 50.00 Cardio Peak No use $3500 20.00 $53,08 55.00 55899 60.00 Small $100.00 $31 80 $37 00 547-00 $46,00 ~~~ $6>399 l 100 00 Crafters Den No use , 15.00 ` 40.00 50.00 Crafters Den No use 20.00 55.00 60.00 Smal . $ Timber Mountain Er- ~ No use $13-09 15.00 $37:00 40.00 $4790 50.00 Timber Mountain No use $16:00 20.00 S~,gg 55.00 $58,88 60.00 Small $100.00 ~ P-251 Clay Creek No use ~~ ~.~ $60.00 Clay Creek No use 3$2~~ p 7$6~ ~ B~~ Large $250.00 Game Point No use 2 5$ 5:~ $60.00 Game Point No use 3~0 0~ 7 8 ~ Large $250.00 Mesa Courtyard No use $3190 1$ 5.00 $37:00 qS 0.00 $47-.00 50.00 Mesa Courtyard No use S2G:00 30.00 $66,80 70.00 $72.80 80.00 Event Space $500.00 Lookout Lounge No use $a-1~8 15.00 $37,98 0.00 &17.88 50.00 Lookout Lounge No use $26,88 3$ 0.00 $66:98 70.00 $72•Bg 80.00 Small $100.00 Large Kitchen No use $23,80 20.00 $2608 30.00 $37,80 0.00 Large Kitchen No use $27,88 20.00 $26.88 30.00 $37+08 .00 Ne-fee Kitchen $508,88 No Fee • ~ Business Hours Extended Hours Room Name Groupl Group2 Group Group Room Name Group Group2 Group Group 4 Room Si Rental it D 3 4 1 3 ze epos Courtyard As approved No use No use No use Courtyard As approved No use No use No use Event Space NIA Rains with Rains with Event COUrtyard approved No use No use No use Courtyard approved No use No use No use Space N/A Rental Rental lr Buslness Hours Extended Hours Room Name Group Group Group Group Room Name Group Group Group Group De osit p 1 2 3 q 1 2 3 4 Small Room No use ~ Q 0 ~~ $25.00 Small Room No use $~Q $15' $35.00 To be determined 1 1 1 1 Daily SnaGc Bar" No use $5.00 $5.00 $10.00 Dally Snadc Bar No use $5.00 $5.00 $5.00 To be determined Annual Shared No use $75.00 No fee No fee Annual Shared No use $75.00 No fee No fee To be determined Story a Fee Story a Fee "Includes use of P.A. System. Equestrian Center Lights are reimbursed at 100°/ of actual energy consumption. The small Arena has a coin metered box for electrical cost recovery. " Storage -For Ciry Community Center and Public Facilities. No storage will be provided to groups on an ongoing basis without the approval of the Community Services Director. • Buslness Hours Extended Hours Room Name Group 1 Group 2 Group 3 Group 4 Room Name Group 1 Group 2 Group 3 Group 4 Room Size Rental Deposit Regina No fee 2$}~ ~ 5~ ~ $60.00 Regina No fee 3$2~ pp 8$~~ ~~~ Large $250.00 Thomas No fee 1$3 00 353 $40.00 Thomas No fee $20 pp q$~~~ 7~p Small $100.00 Aggazzotd No fee 81$10 ~~ $3~~ $40.00 Aggazzotti No fee 1000 q$465.800 5$55~~ Small $100.00 Galleano No fee 1$3 0~ 3$ ~ $40.00 Galleano No fee 2~p ~~~ ~ 5$~p Small $100.00 • .. Buslness Hours ~ ~ Extended Hours Group Group Group Group Group Group ~ Group Group Room Rerrtal Room Name 1 2 3 q Room Name 1 2 3 4 Size Deposit Brookside with Xitchen No fee $3&09 25.00 $53.00 55.00 $6600 65.00 Brookside with Kitchen No Fee 526.00 35.00 $6698 $70.00 $7-2.00 80.00 Large $250.00 2 S6s e e 5 Filippi No fee 253~''~ 55530' $60.00 Filippi No fee ~:~ 35 5 5, 0 0 7 5 0U large $250.00 Guasd No fee 1S3,p 0 3530.00 $40.00 Guasti No fee $2$30: ~ ~ Small $100.00 Opid No fee 15~ ~0 S3~'~ $40.00 Opici No fee 2 q ~~ 8$55~~ Small $100.00 Small Kitchen No fee 57'99 10.00 $1~e 15.00 $21.00 Small Kitchen No fee 5~~~ 10.00 ~B 515.00 ~B 20.00 Nc fee No fee P-252 - - • Business Hours Extendetl Hours Room Name Group 1 Group 2 Group 3 Group q Room Name Group 1 Group 2 Group 3 Group 4 Room Size Rental Deposit Mission No use $46,80 20.00 553:80 50.00 $60.00 Mission No use 3$z ~ ~- 6$ ~- Z$Z ~ ~ Large $250.00 ~ 4950 $ $ $79.00 Zinfandel No use $} 20.00 5 50.00 $60.00 Zinfandel No use 2 5 ~o 6 OQ 8$ 0'00 Large $250.00 ~ $r Zinfandel North No use $11-88 70.00 $33.88 30.00 $40.00 Zinfandel North No use 2 0`~0 45 5 005 00 ~~ 5 Small $100.00 ~ Zinfandel South No use $4188 10.00 53358 30.00 $40.00 Zinfandel South No use 2~'~ 5' 0 5~0 Small $100.00 Grenache No use $1-1,00 $'~~ 00 $40.00 Grenache No use 2$ q~~ 5$~` p Small $100.00 70.00 30. Muscat No use $a 1•*00 ~~ $40 00 Muscat No use 2$1p"~ QS 5 00 $53.08 55.00 Small $100.00 70.00 530.00 . Large Kitchen No use No fee No fee No fee Large Kitchen No use No fee No fee No fee No fea No fee • Basketball Court FeesfCouR • Group 1 GROUP 28.3 2 GROU? 3 GROUP 4 Hourly Fee No use $~~ 30.00 $45.00 $24:00 30.00 a-keurs8k ess A!e-use $4.5,00 $60.00 filieOrsR-L ass Nauss $7raA8 590.00 Deposit No use $200.00 $200.00 .. :~ __ , _- ,.-'esJCODU 6oeup- 4 6ae6a-2-&-3 GaouP-4 klourlY-be e N°-usa $28.00 $~'~ 3-Hours.and- Less Nauss ~g5,g8- -$60.60- 6+4sOra&-/= ess Nauss X5:88- $98:08 9epesR Na6se $200;09 $28050 -~' Business Hours -~• Extended Hours Room Name Group 1 Group 2 Group 3 Group 4 Room Name Group 1 Group 2 Group 3 Group 4 Room Size Rental. Deposit Eagle Nofee 151 o OQ $40.00 Eagle Nofee 2$1 ~~p~ ~~ 55.00 -Small $100.00 Hawk Nofee 1$4-10-.800 $40.00 Hawk NO fee 2$lp pp ~5~ 55~5'~0 Small $100.00 Cardinal No tee 1~0 $40.00 Cardinal Nofee 250~OU $`5~0 5 Small $100.00 Champion Nofee 20.00 40.00 50.00 Champion No ree 30.00 50.00 60.00 Small 100.00 Teen Center No use $46:99 20.00 $33.00 50.00 $4858 60.00 Teen Center No use $16:08 30.00 $46:08 50.00 55358 60.00 Small $250.00 Facility Equipment Use Fees (Community Facilities): Item: _ Fee: Portable Staae (set or strike) $900.00 Portable Public Address System $50.00 Microphone $25.00 each Projector with built in screen $50.00 Portable Screen $25.00 Piano $50.00 Piano Tuning $950.00 P-253 Service Fees: Item: Fee: Deputy Sheriff As charged by Sheriff's Department •- -~ - Business Hours Extended Hours Room Name Group Group Group Group Room Nnme Croup t Group Group Croup 4 Room Si Rental De osit 1 2 ; 4 2 3 ae p Celebration Celebration $84 80 $6@ 00 $184 09 Event $63.90 g}3zgg $15ggq ll H No se : , , $500.00 Hall No use E65.00 140.00 160.00 a u 85.00 170.00 185.00 Hall A 8 8 8 C A 8 8 8 C l b ti C 00 $53 Celebration No use ~~ $79,80 $95.00 e e ra on ll A O l H No use . 55 00 $95.00 $105.00 Large $500.00 Hall A Only E40.00 80.00 n y a . Celebration No use $97:00 $79,00 $95.00 Celebrabon No use $53.00 $95.00 $105.00 Large $500.00 Hall 8 Only 0.00 80.00 Hall 8 Only 5E 5 00 Celebration No use $37-.00 $~~ $95.00 Celebration No use $53`00 $95.00 $105.00 Large $500.00 Hall C Only $30 00 8$ 0 00 Hall C Only 55.00 213 of 2/3 of Celebration No use 5$ 5`00 $110.00 1 Celebration No use 7~'pQ 1~ 1 large $500.00 Hall Hall Studio Studio 00 $37 DO $7 B Th atre $53-80 Theatre (Rehearsal No use , 540.00 - . 80.00 $95.00 e (Rehearsal No use 55.00 $95.00 $105.00 Large $500.00 Hall Hall Lewis Family Lewis Family Playhouse Playhouse (TheaVe 8 Backslage) No use $7g,gp 8$ 0 ~ $105.00 $105.00 (Theatre 8 Backstaga) No use $1~~~ $19~gq 1J5.00 $}9};90 135.00 Theatre $1,000 - $1,500 PREP DAYS PREP DAYS 4 Hour 4 Hour Minimum Minimum Lewis Family Lewis Family Playhouse Playhouse (Theatre8 $ggg 8g (TheaVe& $263,80 $263.89 $1,000- Backstage) No use .. $ 160'00 $210.00 $210.00 Backstage) NO use $210.00 265.00 265.00 Theatre $1,500 PERFORMAN _ PERFORM1U~N DAYS DAYS 4 Hr Minimum 4 Hr Mlnlmum Pl h $53 08 ~ ~ Playhouse $~08 $126: Event 0 ouse ay Lobby No use , 55.00 ` 75.00 $105.00 Lobby No use 75.00 $95.00 1E 30.00 Space $50 Courtyard No use $538 55.00 $74.88 75.00 $105.00 Courtyard No use $74-89 75.00 $95.00 ~`~ 130.00 Event S ace $500 Playhouse: For extended periods of Playhouse rental, negotiated fees-may beapproved by the Community Services Director.. . Box Office Fees: Item: Fee: Handling Fee $a-501fisket X1.75/ticket Rental Handling Fee $2.00/ticket Reprint Fee $2.00/ticket Exchange Fee $2.00/ticket Internet Fees $2.00 per order plus extra charges applied by tickets.com our web host applies. This fee is based on the prices of the ticket. Not to exceed $5.50 per ticket. P-254 Box Office Services $250 plus staff costs (City to sell tickets for organizations/renters) Ticket Printing Only $75 set up charge plus cost of ticket stock Cancellation Policy -Celebration Hall: Refunds of facility rental fees (excluding the Application Fee) will be processed as follows: 30 calendar days notice -full refund of all fees (minus Application Fee) 15-29 days notice -100% refund of all fees; 0% of deposit (minus Application Fee) 2-14 days notice - 50% refund of all fees; 0% of deposit (minus Application Fee) Less than 2 days notice - No Refund Cancellation Policy -Lewis Family Playhouse: Refunds of facility rental fees (excluding the Application Fee) will be processed as follows: 60 calendar days notice -full refund of all fees (minus Application Fee) 30 to 59 days notice -100% refund of all fees; C% of deposit (minus Application Fee) 14 to 29 days notice - 50% refund of fees; 0% of deposit (minus Application Fee) Less than 14 days notice - No Refund Indoor Facility Equipment Use Fees (Victoria Gardens Cultural Center): Item: Per-Bay Fee: Orchestra Pit Conversion $1,200 Portable Stage (large) $150 Portable Stage (small) $100 Portable Public Address System $100 Wireless Headset Microphone $25 each Specialized AV or Rigging Equipment Established per use, based on type of equipment Standard Facility Audio/Visual Included in rental Projector $50 . 6 ~i , , en anio~ch Linen Established aer use, based on se/ectlon. Upright Piano $100 Large Power (over 30 amps) $1 per amp/day Cocktail Table $12 each Piano Tuning $200 Concessions Deposit $100 Portable Screen S25 Service Fees (Victoria Gardens Cultural Center): Item: Deputy Sheriff Merchandise Sales by Vendors Fee: As charged by Sheriffs Department 10 - 30% as negotiated per event Equipment rented by City for customer use Cost of rental plus 20% Specialty Equipment Fee: P-255 Staff Fees: One staff member is included in approved room rentals. Additional staff may be required at the cost listed below based on the size and type of event. TechnicallFront of House/Box Office Staff $20 per hour Celebration Hall Rental Assistant $15 per hour Front of House Services $80 00 per hour (Front of House staff and/or volunteers) P-256 Filming in Neighborhood and Communitv Parks: Commercial filming in neighborhood and community parks is approved based upon availability of park space and is assessed a filming permit of $141.00 and any applicable actual costs for City services. Mobile Lift Fees Lift Rental $300.00 Equipment is available for rent only for events conducted on City property and would require 2 part-time Staff Members to deliver, operate and return the equipment. Mobile Recreation Unit "Fun on the Run" Rental Three hours minimal rental $250.00 Each additional hour $50.00/hour Staffing charge: Minimum of 2 staff at $15.00 per hour for 30 or less participants. Additional staffing will be required for parties over 30 at ratio of 1 staff member per 15 participants. Picnic Shelters ' Some City parks may be reserved for use. Hourly rental fees for picnic shelters located in these parks are as follows: Plcnic Shelters Shelter Size Gro~~p1 Group2 Group3 Group4 Small No fee $7.00 $11.00 $15.00 Large No fee $10.00 $15.00 $20.00 Red Hill Communitv Park Amahitheater The following are rental fees for the Red Hill Park Amphitheater. The first hour of monitoring is included in the Amphitheatre rental for Groups 2 8 3. Amenity Group 1 Group 2.3 Group 4 Stage (Flat Fee) No use $25.40 $75.00 Hourty Sound Monitoring No use $~ 500 $~ 5 m Moon Bounce/lnf/atable House Fee a $25 00 oer bouncer per day fee will be charged at the time the Park Reservation is submitted. Saecial Event Areas Included in this class cation are the following sites. Hourly rental fees are noted in the table below. A damage deposit and police/private security fee may be assessed depending on the activity and/or number of participants. Red Hill Communitv Park -event area defined by amphitheatre, adjacent grass covered bowl area and picnic shelters. Event area does not include lake, restrooms, playground or open park space immediately surrounding the lake. Heritage Communitv Park -event area defined as picnic shelters and grass bowl area adjacent to the east and south of the shelters. Perimeter defined by property edges to the east and south; sports field border to the west; park entry to the north. Event area does not include: playground, sports fields, Equestrian Center or equestrian trail. Central Park -Event area defined as large elliptical grass area northeast of the Senior/Community Center and immediately adjacent grass areas. Event area does not include: playground. Pacific Electric Trail (PET) Staging Area -Event area defined adjacent to the PET at Central Park immediately north of the Senior/Community Center. 10 P-257 Site Group 1 Group 2 Group 3 Group 4 Red Hill Community Park' No use $75.00 $125.00 $200.00 Heritage Community Park No use $50.00 $75.00 $150.00 Central Park No use $75.00 $125.00 $200.00 PET Staging Area No use $25.00 $50.00 $150.00 Includes use o/Amphitheatre. Application Fee: 11 P-258 PARK SPORTS FIELD RENTAL FEES AND FEE POLICIES Communitv and Neighborhood Park Leagues and Tournaments Should there be a need for City staff to oversee and coordinate activities the fee is $15.00 per hour per staff member required. Applicant is also required to pay all even[ related expenses. This will include the cost for Police Security when deemed necessary. Communitv Softball Field & Soccer Fields (Per Field) Organized Leagues and Tournaments' Time Frama Group'182 Group 384 Deposit 2 Hours and less No fee $75.00 $200.00 4 Hours antl Less No fee $125.00 $200.00 All Day No fee $200.00 $200.00 w Neighborhood and Communitv Park Lighted Sports Venue Fees: All Rancho Cucamonga based Park and Recreation Commission approved youth sports organizations which are recreation in nature and meet an overall residency rate of a minimum of 80% will have their light fee waived in full. Other sports organizations will pay their light fee in full (100%) for the electrical costs only. Snack Bar For City-Owned snack bars located in City Parks, fees will be assessed per season, Fall/Winter or Spring/Summer as follows: ~ -~. Group 1 Group 2 Group 3 8 4 __ __ Seasonal No use $450.°D N/A Other non-profit groups bringing in snack bars (i.e. trailers, canopies, easy-ups) will be charged a flat $300.°0 seasonal permit fee, unless group is participating in aCity-Sponsored event. A daily permit fee will be charged at a rate of $25.°D per day. Stora e For City-Owned storage located in City Parks, fees will be assessed as follows:. `'• ~~ Group ~ Group 2 Group 3 8 4 ~r.~„,.,,,<. ~~ Seasonal No use $75.44 N/A 12 P-259 EPICENTER RENTAL FEES AND FEE POLICIES Epicenter Community Sport Fields Rental Fees and Deposits Tournament and League Fees for Adult Softball, Adult Soccer & Baseball Fields at the Epicenter" x :~ ~ Weekday 8 Weekend RatelField Clty Holiday RatelField ~I s Group182 Group 384 Group182 Group384 ., _ ~ Field Rental - 2 Hours 8 $50.00 $150.00 $75.00 $225.00 Less' Field Rental - 4 Hovrs 8 $100.00 $250.00 $150.00 $375.00 less' $200.00 $350.00 $300.00 $525.00 Field Rental -All Day' Deposit ~ $250.00 $400.00 $250.00 $400.00 Infield Lining Actual Cost Actual Cost Actual Cost Actual Cost Light Fee Actual Cost Actual Cost Actual Cost Actual Cost Includes initial field dragging and watering. The deposit aril! be applied to the total rental fee. "When additional City staffing, equipment and material are required for tournaments and/or special event programs scheduled at the Epicenter Sports fields, the applicant is required to pay all event-related expenses. This will include the cost for Police Security when deemed necessary. ~ • - Stadium Events Ticketed Events * Non-Ticketed Events Stadium Rental $1.500.00/day Plus 10°/ of gross ticket sales $2.000.00/day Sky Box Rental/Box $50.00/hour $50.00/hour Cafe Area $50.00/hour $50.OOPoour Pavilion (3'" base) $50.00/hour $30.001hour Plaza (1" base) $75.OORrour $55.00lhour Parking Lot Events Ticketed Events Non-Ticketed Events Stadium On-Site $500.00/day $670.00/day Parking Lots A, B, C Plus 10 % of gross Ocket sales Stadium On-Site $250.00/day $335.00/day Parking Lots D, E, F Plus 10% of gross Ocket sales Special Event Park lot $500.00/day $335.00lday Parking Lot G-2 Plus 10% of gross [Idcet sales Specal Event Park Lot $1,500.00/day $1,000.00/day Parking lot G-3 Plus 10% of gross ticket sales • i '• Site Group 1 GrOUp 2 Groun 3 Grov 4 EpJcenfer Gress EventArea' 850.00/hour 850.00/hour SI5.00/hour 8100.00/hour ' Special event area defined as crass area between parking lots A and 8. Damage Deposit 5200 00 5400 00 depending on the activity and/or number of participants 13 P-260 General Still Photoaraphv Mlntmum of 8250.00 fo $500.00 per day depending on (not for commercial purposes) photoaraphv reauirements plus actual costs for City services. Commerdal Filming Minimum of $7,000.00 to 54,000.00 per day, depending on filming requirements, plus actual costs for City services. Commerdal Filming in a Parking lot Minimum of $500.00 to $2.000.00 per day, depending on filming requirements, plus actual costs for City services. Commercial SUIT Photography Minimum of $500.00 to $2,000.00 per day, depending on timing requirements, plus actual costs for City senAces. Film Permit $147.00 for the project Location Credit Required Citv Staffing for Epicenter Rentals: Parking Lot Fees- Baseball Events Option to charge: $2.00 per rar, $15.00 per bus per VIP car; 00 Option to charge: $3.00 - $5.00 per car; $S $e O eO Concerts and Special Events C f 0 th and $75.00 per bus. Fifty percent (50 /°) re ty. Parking Lot Events Option to charge: $2.00 - $5.00 per car. Fifty percent (50 %o) returns to the City, Concessions 20°/ of gross sales from for-profit organizations Food and Beverage 10°/ of gross sales from non-profit organizations Merchandise and Novelties 20% of gross sales from for-profit organizations (Books, Tapes, CD's, DVD's, Programs, T-shirts, etc.) 10% of gross sales from non-profit organizations Miscellaneous Fees 8 Charges Additional Move-in !Move-out Days 50% of daily event rental rate Minimum of $300.00 to $1,000.00 per event depending on Canopy/Tent Maintenance Reserve Fee evendrental requirements City Business License Required Minimum of $500.00 to $2,500.00 per day, depending upon evenUrental requirements. At Lhe discretion of the Community Depcsit Services Director, an additional Deposit may be required depending upon evenf/renlal requirements and the City's liability exposure Applicant is required to pay all event related expenses induding personnel, equipment and materials and oMer related costs. In some ~ instances events at the Epicenter may incur additional fees that are Event Expenses assessed separately from the Police DeparlmenL the Building and Safety Division and the Fire District for security services, inspections and/or permits. ' Based upon the event proposed, the fees shown may be subject to negotiation. Based on Provisions of the Municipal Ordinance. "' Exception to Parking Rates applies to vehicles entitled to occupy the preferred parking area (Lot A) delineated in the lease with Rancho Baseball, LLC. kICOMMSERNAOMIN/STRATIONI Fees120101 ProposedFeestoCC.6.16.10, doc 14 STAFF REPORT CITY or- xnNCEfo CvcAMONCA I2.GDEVELOPMENT AGENCY Date: June 16, 2010 To: Mayor and Members of the City Council Chairman and Members of the Redevelopment Agency Jack Lam, AICP, City Manager, Executive Director From: Linda D. Daniels, DCM Economic & Community Development Services P-261 ~` ~ ' RANCHO CUCAMONGA Subject: APPROVAL OF A RESOLUTION IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33445 WHICH AUTHORIZES THE REDEVELOPMENT AGENCY TO EXPEND FUNDS FOR LAND AND PUBLIC IMPROVEMENTS THAT ARE PUBLICY OWNED AND LOCATED INSIDE OR CONTIGUOUS TO THE PROJECT AREA RECOMMENDATION Approve the attached Resolution, which authorizes the Redevelopment Agency to expend Agency funds for land and public improvements that are publicly owned and located inside or contiguous to the Project Area. BACKGROUND Health and Safety Code Section 33445 requires both the Redevelopment Agency and the City Council adopt Resolutions that indicate the intent on spending Agency funds on land and public improvements (including buildings, facilities, structures or other improvements that are to be publicly owned). ANALYSIS The attached Resolution complies with the requirements of Health and Safety Code Section 33445 and makes the necessary findings that: the projects are of benefit to the Project Area; there is no other reasonable means of financing the projects; the payment of funds for the acquisition of land or the cost of buildings, facilities, structures or other improvements that are public owned is consistent with the Implementation Plan; and the improvements will assist in the elimination of blight within the Project Area or provide housing for low or moderate income persons. The Resolution includes Appendix 1, which outlines the public improvement projects located inside or contiguous to the Project Area that the Agency plans to fund. This item appears on both the City Council and the Redevelopment Agency agenda. Respectfully submitted, ~~~ ~, ~~~ Linda D. Daniels Deputy City Manager/ Economic & Community Development Services Attachment: 33445 Resolution P-262 RESOLUTION NO. / 6 _ ~ ~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGARDING PROJECTS BENEFITING THE RANCIIO REDEVELOPMENT PROJECT ANll MAKING CERTAIN FINDINGS IN REGARD A. Recitals. (i) The Community Redevelopment Law of the State of California (Health and Safety Code Sections 33000 et seq.), among other provisions granting powers to redevelopment agencies, contains Section 3344 which provides that a redevelopment agency, with the consent of the legislative body, may pay al] or part of the value of land for and the cost of installation vrd construction of any buildings, facilities, structures or other improvements which are publicly owned and are located inside or contiguous to the project area, upon a determination by such agency and such legislative body by resolution that such buildings, facilities, structures or other improvements are of benef t to such project area by helping to eliminate blight inside the project azea or by providing housing for low-or moderate income persons; that no other means of financing the same are available to the community; and, that the payment of funds for the acquisition of land or the cost of buildings, facilities, structures or other improvements that are publicly owned is consistent with the implementation plan. (ii) Attached as Appendix "1" is a document which provides for the Agency's funding of certain capital projects from tax increment resources in estimated amounts (the "Public Projects"). (iii) The officially adopted Rancho Redevelopment Plan of the Rancho Cucamonga Redevelopment Agency (the "Agency"), including all amendments, provides in part for the construction of these community and cultural facilities to serve said project azea. (iv) All legal prerequisites to the adoption of this Resolution related to the Public Projects have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine and resolve as follows: Section 1. This Council hereby finds that the facts set forth in the Recitals, Part A, of this Resolution aze true and correct. Section 2. The City of Rancho Cucamonga hereby consents to the Rancho Cucamonga Redevelopment Agency's funding of the costs and expenses related to the Public Projects specified in Appendix "1" hereto pursuant to Health and Safety Code Section 33445. Section 3. This Council hereby specifically finds and determines that the construction of the Public Projects by and through Agency's fwrding will be of benefit to the Agency's Rancho Redevelopment Project by helping to eliminate blight within the project area or by providing housing for low- or moderate-income persons. Section 4. The Council hereby specifically finds and determines that no other reasonable means of financing is available to the community to construct the Public Projects other than through the Agency's funding thereof and consented to herein. Section 5. The Council hereby specifically fords and determines that the payment of fiords for the acquisition of land or the cost of buildings, facilities, structures, or other improvements specified in Appendix "1" is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490. Section 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this _ day of _, 2010 AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., Mayor ATTEST: Janice Reynolds, City Clerk T, JANICE REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regulaz meeting of said City Council, held on the _ day of , 2010. Executed this _ day of _, 2010 at Rancho Cucamonga, California. P-263 Janice Reynolds, City Clerk P-264 APPENDIXI Inside or Contiguous to Project Area Project Location Estimated Anticipated Source(s) of Cost Fundin Etiwanda Ave. Etiwanda Ave., between $6,5000,000 Tax Increment Underpass Arrow Route and 6°i St. Tax Allocation Bouds P-265 STAFF I~EI'®RT REDEVELOPMENT AGENCY CITY OF R,INCHO CUC.-IMONG~1 Date: June 16, 2010 To: Mayor and Members of the City Council Chairman and Members of the Redevelopment Agency Jack Lam, AICP, City Manager, Executive Director RANCHO cUCAMONGA From: Linda D. Daniels, DCM Economic & Community Development Services Subject: APPROVAL OF A RESOLUTION IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33445.1 WHICH AUTHORIZES THE REDEVELOPMENT AGENCY TO EXPEND FUNDS FOR LAND AND PUBLIC IMPROVEMENTS THAT ARE PUBLICY OWNED AND LOCATED OUTSIDE AND NOT CONTIGUOUS TO THE PROJECT AREA BUT ARE LOCATED WITHIN THE COMMUNITY RECOMMENDATION Approve the attached Resolution, which authorizes the Redevelopment Agency to expend Agency funds for land and public improvements that are publicly owned and located outside and not contiguous to the Project Area, but are located within the community. BACKGROUND Health and Safety Code Section 33445.1 requires both the Redevelopment Agency and the City Council to adopt Resolutions that indicate the intent on spending Agency funds on land and public improvements (including buildings, facilities, structures or other improvements that are to be publicly owned). ANALYSIS The attached Resolution complies with the requirements of Health and Safety Code Section 33445.1 and makes the necessary findings based on substantial evidence in the record that: the projects are of benefit to the Project Area; there is no other reasonable means of financing the projects; the payment of funds for the acquisition of land or the cost of buildings, facilities, structures or other improvements that are publicly owned is ccnsisfent with the Implementation Pfan; the acquisition of land and the installation of each building, facility, structure or improvement that is publicly owned is provided for in the Redevelopment Plan; and the improvements will assist in the elimination of blight within the Project Area or provide housing for low or moderate income persons. The Redevelopment Agency plans to fund six ((i) projects located outside of the Project Area during Fiscal Year 2010/11. A description of these projects and the benefd they will provide to the Project Area are discussed in the paragraphs below. The first project the Agency will fund is the preservation of the Etiwanda Train Depot, which lies directly adjacent to the Pacific Electric Trail. The Pacific Electric has benefited the Project Area by revitalizing a large section of the Project Area that was previously blighted by abandoned railroad tracks. This project will help maintain continuity within the trail and provide a historic entry point into the City along the easterly boundary of the Pacific Electric Trail. The estimated cost of this project is $3 million and will be funded through tax increment and tax allocation bonds. P-266 APPROVAL OF A R13SOLUTTON IN ACCORDANCE ~X~I'PH HEALTH AND SAFE'I1' CODE PAGE 2 SECTION 33445.1 WHICH AUTHORIZES 17-]E REDEVELOPMENTAGENCY TO EXPEND FUNDS FOR LAND AND PUBLIC IMPROVEMENTS THAT ARE PUBLICY OWNED AND LOCATED OUTSIDE AND NOT CONTIGUOUS TO THE PROJECT AREA TINE 16, 2010 A second project the Agency will fund is the Base Line Rd. and I-15 Interchange. This project will benefit the Project Area by improving access between the Project Area and the I-15 Freeway and will alleviate congestion on streets within the Project Area. The Agency's estimated contribution to this project is $31 million and will be funded through tax increment and tax allocation bonds. In addition to these funding sources, the Interchange project will also utilize federal revenues, transportation fees and Measure I funds. The next project the Agency will fund is the expansion of the Public Works Service Center, which provides vital maintenance services to publicly owried facilities and streets located within the Project Area. This project will improve the level of service the Public Works Service Center can provide to help prevent the onset of blight within the Project Area. The estimated cost of this project is $11 million and will be funded through tax increment and tax allocation bonds. The Agency will also fund the construction of the East Ave. Master Plan Storm Drain. This project will benefit the Project Area by improving drainage issues and enhancing traffic circulation within the eastern portion of the Project Area. The estimated cost of this project is $g.3 million and will be funded through tax increment and tax allocation bonds. The final project the Agency will fund is the fabrication and installation of a gateway arch at Foothill Blvd. and East Ave. This project is an extension of the Foothill Blvd. improvement project, which has helped enhance the Project Area by improving traffic circulation and eliminating blighted infrastructure. The arch will serve as a gateway along the easterly border leading into the Project Area and help identify the City's primary commercial corridor located along Foothill Blvd. The estimated cost of this project is $700,000 and will be funded through tax increment and tax allocation bonds. This item appears on both the City Council and the Redevelopment Agency agenda. Res~p~ectfu,/lly~submitted,~~ ~ ,~~. Lind/a D. Daniels Deputy City Manager Economic & Community Development Services Attachment: 33445.1 Resolution RESOLUTION NO. I~ "~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGARDING PROJECTS BENEFITING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD A. Recitals. (i) The Community Redevelopment Law of the State of California (Health and Safety Code Sections 33000 et seq.), among other provisions granting powers tp redevelopment agencies, contains Section 33445.1 which provides that a redevelopment agency, with the consent of the legislative body, may pa}~ all or part of the value of land for and [he cost of installation and construction of any buildings, facilities, structures or other improvements which are publicly owned and are located outside and not contiguous to the project area, but are located within the community, upon specified findings based on substantial evidence in the record by such agency and such legislative body by resolution that such buildings, facilities, structures or other improvements are of primary benefit to such project area; that no other means of financing the same are available to the community; that the payment of funds for the acquisition of land or the cost of buildings, facilities, structures or other improvements that are publicly owned is consistent with the implementation plan: that the acquisition of land and the installation of each building, facility, structure, or improvement that is publicly owned is provided for in the redevelopment plan; and, that the payment of funds for same will assist in the elimination of one or more blighting conditions inside the project area or will directly assist in the provision of housing for low- or moderate-income persons. (ii) Attached as Appendix "1" is a document which provides for the Agency's funding of certain capital projects from tax increment resources in estimated amounts (the "Public Projects"). (iii) The officially adopted Rancho Redevelopment Plan of the Rancho Cucamonga Redevelopment Agency (the "Agency"), including all amendments, provides in part for the construction of these community and cultural facilities to serve said project area: (iv) All legal prerequisites to the adoption of this Resolution related to the Public Projects have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine and resoh~e as follows: Section 1. This Council hereby finds that the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Section 2. The City of Rancho Cucamonga hereby consents to the Rancho Cucamonga Redevelopment Agency's funding of the costs and expenses related to the P-267 Public Projects specified in Appendix "1" hereto pursuant to Health and Safety Code Section 33445.1. Section 3. The Council hereb}~ specifically finds, based on substantial evidence in the record that no other reasonable means of financing the acquisition of the land or the installation or construction of the buildings, faci]ities, structures; or other improvements that are publicly owned, are available to the community, including, but not limited to, general obligation bonds, revenue bonds, special assessment bonds, or bonds issued pursuant to the Mello-Roos Commtmity Facilities Act of 1982 (Chapter 2.~ (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code). Section 4. The Council hereby specifically finds, based on substantial evidence in the record that the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements specified in Appendix "l" is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490. Section 5. The Council hereby specifically finds, based on substantial evidence in the record that the acquisition of land and the installation of each building, facility, structure, or improvement that is publicly owned is provided for in the Redevelopment Plan. Section 6. This Counci! hereby specifically finds, based on substantial evidence in the record that the construction of the Public Projects specified in Appendix "1" and this Agency's funding thereof will benefit the project area by assisting in the elimination of one or more blighting conditions inside the project area, or will directly assist in the provision of housing for low- or moderate-income persons. Section 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this _ day of _, 2010 AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., Mayor ATTEST: P-268 Janice Reynolds, City Clerk P-269 I, JANICE REYNOLDS, CITY CLERK of the Ciry of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said Ciry Council, held on the _ day of , 2010. Executed this _ day of , 2010 at Rancho Cucamonga, California. Janice Reynolds, City Clerk P-270 APPENDIX 1 Outside Project Area Project Location Estimated Anticipated Source(s) of Cost Fundin Etiwanda Train East side of Etiwanda Ave., $3,000,000 Tax Increment Depot Presen~ation north of Base Line Rd. Tax Allocation Bonds I-15 Interchange at I-15 Interchange at Base $31,000,000 Tax Increment Base Line Rd. Line Rd. Tax Allocation Bond Funds Federal Revenues Transportation Fees Measure I Public Work 9153 9 St. $4,000,000 I Tax Increment Service Center Tax Allocation Bond Funds Ex ansion East Ave. Storm East Ave., north of Foothill $8,000,000 Tax Allocation Bond Funds Drain Blvd. Foothill Blvd. Foothill Blvd. at East Ave. $700,000 Tax Increment Improvements Tax Allocation Bond Funds P-271 '~ ' STAFF REPORT rW~_~_; ~ - PUBLIC WURxs SL'RVICES DEPdRTMEN'I' ~ J~~ RANCHO Date: June 16, 2010 CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Bill Wittkopf, Public Works Services Director By: Jeff Barnes, Parks and Landscape Maintenance Superintendent Subject: AUTHORIZATION TO AWARD A CONTRACT RENEWAL (CO OS-162) TO UNITED PACIFIC SERVICE, INC. (UPS) OF LA HABRA, FOR CITY-WIDE TREE MAINTENANCE SERVICES FOR FISCAL YEAR 2010-2011, UPON MUTUAL CONSENT BY THE CITY MANAGER AND CONTRACTOR, TO COMMENCE ON OR AFTER JULY 1, 2010, IN AN ANNUAL AMOUNT OF $517,420, WITH NO COST INCREASE FOR FISCAL YEAR 2010-20 i 1 TO BE FUNDED FROM VARIOUS CITY ACCOUNTS AS APPROVED IN THE FISCAL YEAR 2010-2011 BUDGET RECOMMENDATION It is recommended that the City Council authorize a contract renewal (CO 08-162) to United Pacific Service, Inc. (UPS) of La Habra, for City-Wide Tree Maintenance Services for Fiscal Year 2010- 2011, upon mutual consent by the City Manager and Contractor, to commence on or after July 1, 2010, in an annual amount of $517,420, with no cost increase for Fiscal Year 2010-2011 to be funded from various city accounts as approved in the Fiscal Year 2010-2011 budget. BACKGROUND ANALYSIS On October 15, 2008, the City Council approved a contract with United Pacific Service, Inc. (UPS) for city-wide tree maintenance services. This contract may be extended on a year-to-year basis by mutual agreement of the City Manager and the contractor. All other terms and conditions of the origihal agreement remain intact. This is the second full year of the contract and the contractor has submitted a letter of intent expressing their desire to continue service to the City of Rancho Cucamonga at the same rates as fiscal year 2009-2010. UPS has proven to be a competent, customer service friendly contractor. Therefore, staff recommends approving the contract renewal with UPS for fiscal year 2010-2011 and shall commence on or after July 1, 2010. IRes e tfully ubmit d, Bill Wittkopf Public Works Services Director BW:JB:sm STAFF REPORT EI~GI\EL•RING DEP.jRT:v1E~iT Date: June 16, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician P-272 RANCHO CUCAMONGA Subject: RELEASE OF FAITHFUL PERFOMANCE BOND RETAINED IN LIEU OF MAINTENANCE GUARANTEE BOND FOR DRC2005-00287, LOCATED AT 10165 FOOTHILL BOULEVARD, SUBMITTED BY MOHAMMED R. MOJABE AND ELIZABETH MOJABE RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Faithful Performance Bond retained in lieu of kriaintenance Guarantee Bond, for DRC2005-00287, located at 10165 Foothill Boulevard, submitted by Mohammed R. Mojabe and Elizabeth Mojabe BACKGROUNDIANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER Mohammed R. Mojabe and Elizabeth Mojabe 9555 Foothill Boulevard, Suite B Rancho Cucamonga, CA 91730 Release: Faithful Performance Bond #70278827 $31,100.00 (in lieu of Maintenance) Respectfully submitted, ~~ ar er Director of Engineering Services/City Engineer MAS:CC/alrw Attachment(s) EXHIBIT A VICINITY MAP ~. ~, ,.. ~ --, --- -- -_ --- r -''~ -' ~~: ~ i I I ~ ~~ ~ ~ ~~ l ~ ~ Y~ ~-. i I I I_ j I , a i j _ . ___._ __~ I ~ ._ __ ~ _ _~ 00287 ~ 200 __, i _ _ -__..l _ _ ~ - DR I i i ~ i ~ ~ J ~/ ~ I \ ~ ) ~ ~ ~ ~ ~ ~ f a J l ~ ~ ~~ j 1 _{ __ - ~' i _1 I _~ -- ~ ~ ~ ,~ n~~- ~ {~ 1 . a- i ~ N+N~ 1 / - City of Rancho Cucamonga Engineering Services Division DRC2005-00287 VICINITY MAP (Not to Scale) P-273 STAFF REPORT ENGINEERING SERVICES DEPAR"I:~IENT Date: June 16, 2010 To: From: By: Subject: Mayor and Members of the City Council Jack Lam, AICP, City Manager P-274 J RnNCHo C,,UCAMONGA Mark A. Steuer, Director of Engineering Services/City Engineer Jerry A. Dyer, Senior Civil Engineer APPROVAL OF A RESOLUTION THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED MEASURE "I" SIX-YEAR CAPITAL IMPROVEMENT PROGP.AM FOR THE EXPENDITURE OF MEASURE "I" FUNDS COVERING FISCAL YEARS 2009/2015 RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the amended Local Measure "I" Six-Year Capital Improvement Program for the expenditure of Measure "I" funds covering fiscal years 2009/2015 as requested by SANBAG to provide a public record of the intended use of Local Measure "I" Funds. BACKGROUND/ANALYSIS Measure "I", the county-wide transportation sales tax program, requires that each local jurisdiction receiving revenues annually adopt aFive-Year Capital Improvement Program which outlines the specific projects upon which those funds shall be expended. For this year only, each jurisdiction is required to submit asix-year program, covering the final year of Measure "I" 1990-2010 and the first five years of Measure "I" 2010-2040. Staff chooses to amend the program at the end of each fiscal year to catch any projects that may have been added, account for the estimated actual expenditures and adjust the plan as necessary for the upcoming budget year. Therefore, staff has prepared the attached amended program to be adopted by City Council and kept on file with the San Bernardino Associated Governments for informational purposes. The Six-Year list has been over-programmed to allow for spillage and to ensure that the adopted plan contains ample projects for Measure "I" expenditures. If changes are necessary (additions or deletions), the plan may be altered at each annual adoptioh or intermittently with City Council approval. Respectfully submitted, Mark A. Steuer ~~~~"R-~'' Director of Engineering Services/City Engineer MAS/JAD:Is Attachment P-275 RESOLUTION NO. 1`J- OS' 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED MEASURE "I" SIX-YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL YEARS 2009/2015 FOR THE EXPENDITURE OF MEASURE "1" FUNDS WHEREAS, San Bernardino County voters approved passage of Measure "I" 1990- 2010 in November, 1989 and renewed as Measure "I" 2010-2040 in November 2004 authorizing San Bernardino Associated Governments, acting as the San Bernardino County Transportation Authority, to impose aone-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 89-1 of Authority; and WHEREAS, Expenditure plans of the Ordinance requires each local jurisdiction receiving revenue from the tax to expend those funds pursuant to a Capital Improvement Program and Improvement Plan Expenditure Strategy adopted by resolution of the local jurisdiction; and WHEREAS, Expenditure Plans of the Ordinance also require that each focal jurisdiction annually adopt and update its Capital Improvement Plan. 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P-290 STAFF REPORT ~~'f , / )r\GINEERING SERVICES DFP.~IRTT4EN'P Date: June 16, 2010 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Betty A. Miller, Associate Engineer Subject: APPROVAL TO SUBSTITUTE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP 16227-2, LOCATED NORTH OF DAY CREEK BOULEVARD ON THE WEST SIDE OF ETIWANDA AVENUE, SUBMITTED BY • RYLAND HOMES OF CALIFORNIA RECOMMENDATION It is recommended that the City Council adopt the attached resolution accepting a new agreement and security for Tract Map 16227-2, authorizing the Mayor and the City Clerk to sign the new agreement and the City Clerk to release the current agreement and security. BACKGROUND/ANALYSIS Tentative Tract 16227 located north of Wilson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue, in the Low Residential Development District, was approved by the Planning Commission on July 24, 2002, for the division of 145 acres into 367 lots. On July 5, 2006, the City Council approved an agreement and securities submitted by the Lennar Homes of California, as Developer, for the installation of street and storm drainage improvements interior to Tract 16227-2, one of six final maps within the private gated community known as Rancho Etiwanda Estates. Said developer has constructed houses on 51 of 114 lots in said tract. A new Developer, Ryland Homes of California, has purchased the remaining lots and is submitting a substitute agreement and security to guarantee completion of the remaining improvements in the full original bond amounts: Faithful Performance Bond Labor & Materialmen Bond No. 0446863 $968,400.00 No. 0446863 $968,400.00 Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/BAM,akt P-291 VJ a+ °o N a o W ~ .... ~ :~~ ~ ,L'. .. 3 .~ '13 U n ~N H ~~ z aw H Q z ~. .. ~A Uz 0 ox~ ~z~ U w P-292 RESOLUTION NO. ~~-p9a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A NEW IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP 16227-2 AND RELEASING THE CURRENT IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY WHEREAS, Tract Map number 16227-2, consisting of 114 lots generally located north of Day Creek Boulevard on the west side of Etiwanda Avenue, was approved by the City of Rancho Cucamonga on July 5, 2006, and all of the requirements established as prerequisite to approval of the final map were met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by Lennar Homes of California, as developer; and WHEREAS, a new Developer, Ryland Homes of California, is now submitting for approval a substitute Improvement Agreement and Improvement Security. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said substitute Improvement Agreement and Improvement Security submitted by Ryland Homes of California, Inc., be-and the same are hereby approved and the Mayor is hereby authorized to sign said agreement on behalf of the City of Rancho Cucamonga, and the City Clerk attest; and that the City Clerk is hereby authorized to release the Improvement Agreement and Improvement Security submitted by Lennar Homes of California, Inc. P-293 ~~ STAFF REPORT - F1JC';IA9CiliRIhG SI;RVICHS DFPARTMIN'1' ~ RAivcxo Date: June 16, 2010 fuUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer Shelley Hayes, Assistant Engineer ~~, Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION. OF THE CONTRACT IN THE AMOUNT OF $126,691.00, TO THE LOWEST RESPONSIVE BIDDER, KORMX INC., AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $12,669.10, FOR THE HIGHLAND AVENUE SIDEWALK IMPROVEMENTS FROM ROCHESTER AVENUE TO EAST OF DAY CREEK CHANNEL, AND AUTHORIZE EXPENDITURES FOR CONSTRUCTION SURVEY AND INSPECTION SERVICES, TO BE FUNDED FROM MEASURE I FUIvUS, ACCOUNT NO. 1 1 76303-56 50/1 7231 76-0 RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $126,691.00, to the lowest responsive bidder, Kormx Inc., authorize the expenditure of a 10% contingency in the amount of $12,669.10, for the Highland Avenue Sidewalk Improvements from Rochester Avenue to east of Day Creek Channel, and authorize expenditures for construction survey and inspection services, to be funded from Measure I Funds, Account No.1176303-5650/1723176-0. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on May 25, 2010, for the subject project. The Engineer's estimate for the base bid was $130,000.00. Staff has reviewed all bids received aril found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. The scope of work consists of construction of P.C.C. sidewalk, curb and gutter, asphalt paving, retaining curb and installation of street lights, cold planing, etc. The contract documents call for forty-five (45) working days to complete this construction. Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/RMD/SH:Is Attachments P-294 w s ~~ .r„r~ll ~. ~ ~ ~ ~y3d I3 [\ ~ G i Its s i ~ E,,. ~ F ~ c ~ A ~ <I C ~ ~ \ 3nY 1SY3 A ltl ~ W ~ y. 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Steuer, Director of Engineering Services/City Engineer By: Jon A. Gillespie, Traffic Engineer Shelley Hayes, Assistant Engineer~c' ~{ J•~ Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $383,400.00, TO THE LOWEST RESPONSIVE BIDDER, STEINY & COMPANY INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $38,340.00, FOR THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF HERMOSA AVENUE AND CHURCH STREET AND SIGNAL INTERCONNECT SYSTEM ON HAVEN AVENUE FROM ALTA LOMA DRIVE TO WILSON AVENUE TO BE FUNDED FROM TRANSPORTATION FUNDS, ACCOUNT NOS. 1124303-5650/i625124-0 AND 1124303-5650/1674124-0 RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $383,400.00, to the lowest responsive bidder, Steiny & Company Inc., and authorize the expenditure of a 10% contingency in the amount of $38,3400.00, for the Installation of Traffic Signals at the Intersection of Hermosa Avenue and Church Street and Signal Interconnect System on Haven Avenue from Alta Loma Drive to Wilson Avenue to be funded from Transportation Funds, Account Nos. 1124303-5650/1625124-0 and 1124303-5650/1674124-0. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on June 3, 2010, for the subject project. The Engineer's estimate for the base bid was $450,000.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. ' The scope of work consists of the installation of traffic signals and safety lighting, the installation of underground conduit, modifying traffic signals, installing radio communication antennas and receivers, pulling conductors, and modifying existing traffic signal controller cabinets. The contract documents call for one hundred twenty (120) working days to complete this construction. Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/JAG/SH:Is Attachments P-300 CITY OF RANCHO CUCAMONGA TRAFFIC SIGNAL AT HERMOSA AVE AND CHURCH ST AND SIGNAL INTERCONNECT SYSTEM ON HAVEN AVE. r rN~~' N.T.3. VICINITY MAP 0 0 0 0 0 0 0 0 o p M N ~ ap O N O+ ~ /~ N y O C1 Z N C ~' n Y p `I ( ~ P n Z. ~ ~ Q N fp, ~ &3 ~ ~ o~J o M &3 Yf lh ~oz ~d N M O (n W Ii W O O O O O O O O O P a N a a O a z Qi Q N CV v fr1 D U o ~ n ~ ~ e ~ ~ ~ N f9 !H f9 O O O O O O O O O O O O O O O O O O O O Z O m O O O O O O O O W ~ R1 ~ O ~ ~ ~ ~ sns ~ ~ Q~ I-~ ~ ~ ~ x ~ 0. 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J J J J J J J J ~ a~ a y„~ O ~ W ] ~"~ °dE"~W z a ~~ U~ ~ Z N M V ~ ~O l~ W O+ r [ /~ r ~ P-302 N P-303 ~4.-~- ,< a. ;; ~t- ° ~' T H E C I T Y O F R A N G I1 O C U C A M O N G A StaffReport DATE: June 16, 2010 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: John i2. Gillison, Assistant City Manager iC/ BY: Ingrid Y. Bruce, G1S/Special Districts Manager((((((/// SUBJECT: CONSIDERATION OF APPROVAL OF RESOLUTIONS INITIATING PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS, APPROVE THE ANNUAL LEVY REPORTS, DECLARING THE CITY COUNCIL'S INTENTION TO LEVY ANNUAL ASSESSMENTS V1TI'HIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 5, 6, 7, 8, 9 AND 10 FOR FISCAL YEAR 2010/11 AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON. NO INCREASE OF ASSESSMENT RATE FOR FY 2010-11 IS PROPOSED RECOMMENDATION: It is recommended that the City Council approve the Resolutions initiating the proceedings to levy annual assessments, approve the annual levy reports, declaring the City Council's intention to levy aimual assessments within Landscape Maintenance District Nos. 1, 2, 3A, 3B, 5, 6, 7, 8, 9 and 10. There is no increase to the current rates in these districts proposed for Fiscal Year 2010/2011. The Engineer's Reports are on file in the City Clerk's Office. BACKGROUND/ANALYSIS: This year, the City will place on the County Tax Roll ten (10) Landscape Maintenance Districts (LMDs) and the assessments received for each of these Districts aze utilized for the maintenance and operation of park and landscaping facilities therein. Said maintenance and operation include but is not limited to: turf, ground cover, planter beds, shrubs, plants and trees, landscape lighting, irrigation systems, electrical energy for irrigation controllers, insect/disease control, graffiti removal, hardscapes, entry signs, sound walls and all associated appurtenant facilities. The City utilizes prior year cazryovers along with current year revenues to meet the districts annual expenses. It has been determined, as stated in the Landscape Maintenance Districts Fiscal Year 2010/2011 Engineer's Reports that the assessment rates remain unchanged from the previous fiscal year 2009/2010 rates; however, it will he necessary to review the assessment rates for LMDs 1 and 2 during FY 2010-11, as those rates will be insufficient to maintain the current levels of service during FY 2011-12, due to increasing costs. At the appropriate time, Staff will initiate the Proposition 218 process for voter review. The assessment rates and districts description for each of the Landscape Maintenance Districts is as follows: CITY COUNCIL STAFF REPORT LANDSCAPE MAINTENANCE DISTRICTS June 16, 2010 Page 2 Landscape Maintenance District No. l assessments pay for the on-going maintenance of parkways. The current assessment rate is $92.21 per single-family residence, and the multi- family is $4611 per dwelling unit. Landscape Maintenance District No. 2 assessments pay for the on-going maintenance of parkways, paseos and an equestrian trail within the Victoria Planned Community. The current assessment rate is $422.00 per single-family residence. The commercial rate is $844.00 per acre, and the vacant rate is $105.50 per acre. Landscape Maintenance District No. 3A assessments pay for the on-going maintenance of parkways on Hyssop Drive. The current assessment rate is $413.74 per acre for commercial property. Landscape Maintenance District No. 3B assessments pay for the on-going maintenance of parkways within the commercial and industrial area of the City. The current assessment rate is $352.80 per acre for commercial. properly. Landscape Maintenance District No. 5 assessments pay for the on-going maintenance of a Tot Lot located on the southwest comer of Andover Place acid Bedford Drive. The current assessment rate is $113.29 per single-family residence. Landscape Maintenance District No. 6 assessments pay for the on-going maintenance oi' parkways and paseos within the Caryn Planned Community. The current assessment rate is $246.97 per single-family residence. Landscape Maintenance Dis±rict No. 7 assessments pay for the or.-going maintenance of parkways and paseos within the Etiwanda Highlands Community. The current assessment rate is $307.05 per single-family residence. Landscape Maintenance District No. 8 assessments pay for the on-going maintenance of parkways in South Etiwanda. The current assessment rate is $151.45 per single-family residence. Landscape Maintenance District No. 9 assessments pay for the on-going maintenance of parkways in South Etiwanda. The current assessment rate is $357.94 per single-family residence. Landscape Maintenance District No. 10 assessments pay for the on-going maintenance of pazkways in the future University Crest Project. The current assessment rate is $616.20 per single-family residence and $1,232.40 per acre for commercial property. Attachments: Resolutions Engineer's Reports P-304 -2- P-305 RESOLUTION NO. ~~ - ~ 9 ~ RESOLUTION OF T1IE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL LEVY REPORTS PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAR' FOR P12OCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, AND 5 THROUGH 10, INCLUSIVE, FOR FISCAL YEAR 2010-11 WHEREAS, the City Council of the City of Rancho Cucamonga, California, previously undertaken proceedings to form and has formed certain maintenance districts 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 Landscape Maintenance District Nos. 1, 2, 3A, 3B, and 5 through 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 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, 2010, and ending June 30, 201 I ("Fiscal Year 2010-1 I"). NOW, THEREFORE, BE IT RESOLVED, llETERMINED AND ORDERED by the City Council of the City of Rancho Cucamonga, as follows: SECTION 1. Recitals. The above recitals are all true and ce^ect. 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 2010-11. SECTION 3. Annual Levy Reports. NBS is hereby ordered to prepare and file with this City Council an Annual Levy 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 Levy Reports. Upon completion, the Annual Levy 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. SDPUB\W DNHh~396766.2 P-306 PASSED, APPROVED AND ADOPTED this day of June 2010. AYES: NOES: ABSENT: ABSTAINED: ATTEST: Donald J. Kurth, M.D, Mavor Janice C. Reynolds, City Clerk I, Janice C. Reynolds, City Clcrk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, at a regular meeting of said City Council held on .2010. Executed this at Rancho Cucamonga, Califomia. Janice C. Reynolds, City Clerk SDPUR\W DI VHN~i967662 P-307 RESOLUTION NO. l ~ -09 Z RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALYFORNiA, APPROVING THE ANNUAL LEVY REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, AND 5 THROUGH 10, INCLUSIVE, FOR FISCAL YEAR 2010-11 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 2010-2011. (each, an "Annual Levy Report") in certain maintenance assessment districts known and designated as Landscape Maintenance District Nos. 1, 2, 3A, 3B, 4-R and 5 through 10, inclusive (each, a "District" and collectively, the "Districts"); and WHEREAS, there has now been presented to this City Council a separate Annual Levy Report for each District as required by the Assessment Law and as previously directed by Resolution; and WHEREAS, this City Council has new exaniined and reviewed each Annual Levy 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 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 Levy Report. NOV'J, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Rancho Cucamonga, as follows: SECTION I. Recitals. The above recitals are all true and correct. SECTION 2. Annual Levy Reports. T'he Annual Levy 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 2010-1 l; C. A diagram for such District, showing the area and properties proposed to be assessed; and SDPUa1WDNEN\39G7732 P-308 D. An annual assessment for Fiscal Year 2010-2011 of the estimated costs of the maintenance and servicing of those improvements to be maintained and serviced during such Fiscal Yeaz, 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. 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 Levy Reports. PASSED, APPROVED AND ADOPTED this day of June 2010. AYES: NOES: ABSENT: ABSTAINED: ATTEST: Donald J. Kurth, M.D., Mayor Janice C. Reynolds, City Clerk I', Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, at a regular meeting of said City Council held on .2010. Executed this at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk SDPUn\W lll V~N1396773.2 P-309 RESOLUTION NO. /U-09.3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING TTS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AN'D COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-2011 IN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, AND 5 THROUGH 10, INCLUSIVE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON VF'HEREAS, the City Council of the City of Rancho Cucamonga, Califomia, 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, Pari 2 of the Streets and Highways Code of the State of California (commencing with Section 2200) (the "I972 Act") in what are known and designated as Landscape Maintenance District Nos. 1, 2, 3A, 3B, 4-R, and 5 through 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 2010-11, to finance the costs and expenses necessary for continued maintenance and servicing of improvements wiilun 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 2010/11 Annual Levy Report" (each, an ``Annual Levy Report" and collectively, the "Annual Levy 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 XQ1D") and the Proposition 218 Omnibus hmplementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act aze 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 2010-11 proposed to be levied within each District as set forth in the applicable Report do nct exceed the annual assessments as previously authorized to be levied within such District and, therefore, the proposed leery of assessments for Fiscal Year 2010-2011 within such District are not deemed to be "increased" over the maximum authorized annual assessments. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDEREll 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, and it is the intention of this City Council, to undertake proceedings for the amiual levy and collection of assessments within each District for the continua] maintenance and servicing of the improvements authorized to be maintained and serviced within each such District. P-310 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, hazdscapes, 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. "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 iemoval of trimmings; rubbish, debris, and other solid waste, (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 Levy Report for further information regazding the improvements to be maintained and serviced for each District and the scope of such maintenance and service. SECTION 3. Annual Levy Reports. The Annual Levy Reports regarding the annual levy for each District for Fiscal Year 2010-2011, have been previously approved and directed to be filed in the offic_e_t_he_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 Levy 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 Levy Report. SECTION 5. Boundaries Of Districts. The proposed maintenance and service work as described in the Annual Levy Report for each District is, in the opinion of this City Council, of special benefit to the properties within the boundazies 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 declazes 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 acrd 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 the 7th day of July, 2010, at the hour of 7:00 o'clock 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 P-311 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 perswts 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: Ingrid Bruce GIS/Special Districts Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 (909) 477-2700, Ext 2575 SECTION 8. Notice. T'he 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 June 2010. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, at a regular tneeting of said City Council held on , 2010. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P-312 . 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 Levy Reports for a ful] 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 Parks: (Parks within LMD No. 1 include: Bear Gulch Park, East and West Beryl Park, Old Town Pazk, Church Street Park, Golden Oaks Pazk, Heritage Community Park, Hermosa Park, Red Hill Community Park, Lions Park, Napa Park, Don Tiburcio Tapia Park and the Rancho Cucamonga Adult Sports Complex) Landscape Maintenance llistrict No. 2 Landscaping: Pazkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Community Trails Parks: (Parks within LMD No. 2 include: Kenyon Park, Windrows Pazk, Ellena Park, Vintage Park, Victoria Groves Park and Victoria Arbors Pazk) Landscape Maintenance District No. 3A Landscaping: Parkways (includes ground cover onl}') Landscape Maintenance District No. 3I3 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Street Trees Bntry Monuments A-1 P-313 Landscape Maintenance District No. 5 Landscaping: "tot Lot at Andover and Bedford (includes ground cover only) Landscape Maintenance District No. 6 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 (Parks within LMD No. 7 include: Gtiwanda 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 (includcs turf and ground cover) Median Islands (includes turf and ground cover) Street Trees Parks (Parks within LMD No. 9 include: South Eti~vanda 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 (Parks within LMD No. 10 include: Day Creek Park) A-2 P-314 Annual Engineer's Report e=isca~ Year ~C10/2C11 City of Rancho Cucamonga Landscape Maintenance District Plo. 1 (General City) P-315 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P-376 TABLE OF CONTENTS ENGINEER'S LETTER INTRODUCTION 1 3 Reason for Assessment .............................................................................................3 Process for Annual Assessment .................................................................................3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District ...............................................................5 Description of Improvements and Services ................................................................5 Map of Improvements ...............................................................................................13 ESTIMATE OF COSTS 14 District Budget ..........................................................................................................14 Definitions of Budget Items .......................................................................................15 METHOD OF ASSESSMENT 17 General .....................................................................................................................17 Special Benefit .........................................................................................................17 General Benefit ........................................................................................................18 Method of Assessment Spread ................................................................................18 ASSESSMENT DIAGRAM 20 ASSESSMENT ROLL 21 P-317 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. _, 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 NBS to prepare and file an Engineer's Report for Fiscal Year 2010/11 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 2010/11 Personnel Costs. $154,070.00 Operations & Maintenance Costs 1,291,430.00 Capital Expenditures 0.00 Reserve Fund Contribution (312.580.00) Estimated Costs and Expenses $1,445,500.00 Total District EDU Count 12,766.95 Actual Assessment per EDU $92.21 Maximum Allowable Assessment per EDU $92.21 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this 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 Engineer s Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: Landscape Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2010/11 P-318 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 Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram 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. Mark A. Steuer, City Engineer Landscape Maintenance District No. i -City of Rancho Cucamonga Fiscal Year 2010/11 P-319 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 repair, removal or replacement of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimming, rubbish, debris and other solid waste, the maintenance, repair and replacement as necessary of all irrigation systems and the removal of graffiti from walls immediately adjacent to the cultivated areas. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include 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 assessment 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 assessment 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 assessment district bV its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment 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 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 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment 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. Landscape Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2010/11 P-320 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIII D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Landscape Maintenance District No. 1-City of Rancho Cucamonga Fiscal Year 2010/11 P-321 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 LMDs 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 are the maintenance and servicing of landscaping sites and appurtenant facilities throughout the District. The various landscaping sites that are maintained consist of parkways, median islands, street trees, paseos and community trails located within 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, shrubs, turt, tree trimming in irrigated City parkways and paseos, weed and pest control, landscape irrigation systems and testing, trash, debris and graffiti removal, 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 a healthy, vigorous and satisfactory condition. In addition, it is the City's iritention 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, Heritage Community Park, Hermosa Park, Red Hill Community Park, Lions Park, Napa Park, Don TiburcioTapia Park, Rancho Cucamonga Adult Sports Complex. Site # Descriptive Location A-1 The north and south side of Wilson from Hellman to Amethyst. Ground Cover area: 22,982 square feet A-2 The east side of Hellman from 326 feet south of Pepperidge to 73 feet north of Pepperidge. Ground Cover area: 5,810 square feet A-3 The south side of 19th Street from 62 feet east of Mayberry to 173 feet east of Mayberry. Ground Cover area: 1,680 square feet A-4 The south side of Wilson from Amethyst to Archibald; the planters and cutouts on the west side of Archibald from Wilson to 105 feet south of Cottonwood. Ground Cover area: 5,625 square feet A-5 The north and south side of Diamond Court from Klusman to Diamond Ave. Ground Cover area: 3,143 square feet Landscape Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2010/11 P-322 A-6 The parkway on the north side of Wilson from 348 feet east of Morning Canyon to Alder Ridge. Ground Cover area: 5,70D square feet A-7 The cutouts and vines on the south side of Wilson from the Alta Loma Channel to 240 feet east of Zapata. Ground Cover area: 911 square feet A-B The east side of Broken Star from 80' south of Highland to Highland; the north side of Highland from Amethyst to Broken Star including wood chip area north of sidewalk, the south side of Highland from Broken Star to Amethyst; the west side of Amethyst from 140 feet south of Highland to 265 feet south of Highland. Ground Cover area: 16,870 square feet A-9 The south side of Highland from Hellman to Broken Star. Ground Cover area: 7,865 square feet A-10 The south side of 19th from 170 feet west of Pilgrim to 167 feet east of Pilgrim. Ground Cover area: 1,808 square feet A-11 The east side of Amethyst from Lemon to 230 feet north of Apricot Ground Cover area: 2,115 square feet A-12 The west side of Sapphire from 710 feet north of Hillside to Hillside. Ground Cover area: 4,500 square feet A-13 The south side of Victoria from 110 feet west of London to Ramona. Ground Cover area: 2,705 square feet A-14 The west side of Archibald from 273 feet north of La Gloria to Lemon; the La Gloria median from Archibald to Jadeite; the north and south side of La Gloria from Archibald to 53 feet east of Jadeite; the north side of Lemon from Archibald to 55 feet east of Klusman. Ground Cover area: 12,880 square feet A-15 The planters and cutouts on the east side of Archibald from 610 feet south of Cottonwood to Wilson; the south side of Wilson from Archibald to Alta Loma Channel. Ground Cover area: 2,110 square feet A-16 The cutouts and planters on the east side of Archibald from Banyan to 190 feet north of Sunflower. Ground Cover area: 1,580 square feet A-17 The cutouts and planters on the west side of Archibald from 225 feet south of Wilson to Banyan. Ground Cover area: 2,362 square feet A-18 The cutouts and planters on the north side of Banyan from Jadeite to 410 feet west of Jadeite. Ground Cover area: 216 square feet A-19 The cutouts and planters on the east side of Amethyst from 192 feet south of Sunflower to Manzanita. Ground Cover area: 4,325 square feet Landscape Maintenance District No. 1 -City of Rancho Cucamonga 6 Fiscal Year 2010/11 P-323 A-20 The west side of Archibald from 210 feet north of La Colina to 230 feet south of Almond; the south side of La Colina from Archibald to Jadeite. Ground Cover area: 17,120 square feet A-21 The planter adjacent to the equestrian trail from Riverwood to Raspberry 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 from Carrari to Vista Grove. Ground Cover area: 4,572 square feet A-23 The west side of Haven from 434 feet north of Manzanita to 258 feet south of Manzanita. Ground Cover area: 48,390 square feet Turf area: ,5,868 square feet A-24 The south side of 19th from 286 feet east of Amethyst to 166 feet west of Klusman. Grcund Cover area: 5,904 square feet A-25 The equestrian trail and planters on the east side of Hermosa from 421 feet south of Whispering Forest to Sun Valley. Ground Cover area: 17,529 square feet A-26 The west side of Haven from 630 feet north of Wilson to Wilson; the parkway on the north side of Wilson from Haven to Mayberry; the parkway on the east side of Mayberry from Wilson to 382 feet north of Poplar, and the east and west side of Cartilla from Wilson to Poplar. Ground Cover area: 35,540 square feet A-27 The north side of 19th from Mayberry to 93 feet east of Castle Gate. Ground Cover area: 5,145 square feet A-28 The east side of Hermosa from 360 feet south of Manzanita to Manzanita, and the south side of Manzanita from Hermosa to Raspberry. Ground Cover area: 7,421 square feet A-29 The south side of Wilson from 240 feet west of Timbermist to Hermosa; the west side of Hermosa from Wilson to 213 feet south of Oak Grove. Ground Cover area: 11,184 square feet A-30 The equestrian trail and plant material from the curb to the tract wall on the west side of Hermosa from 118 feet south of Hillside to 160 feet south of Waterford. Ground Cover area: 12,132 square feet A-31 The south side of Lemon from London to Calle Hermosa. Ground Cover area: 4,404 square feet A-32 The north side of Lemon from the Alta Loma Channel to London; the east side of London from Lemon to Cypress. Ground Cover area: 4,463 square feet A-33 The parkway on the east side of London from 158 feet north of Banyan to 310 feet north of Banyan. Ground Cover area: 1,029 square feet A-34 The south side of Alta Loma from Mayberry to Revere. Ground Cover area: 2,772 square feet Landscape Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2010/11 P-324 Note: 1,512 square feet of ground cover deleted from this site on 7-00. A-35 The west side of Hermosa from Lemon to 125 feet north of Highland, the parkway on the south side of Lemon from 621 feet west of Hermosa to Hermosa. Ground Cover area: 10,494 square feet A-36 The south side of Lemon from 385 feet west of Mayberry to Camilla. Ground Cover area: 4,850 square feet A-37 The south side of Hillside north and south of the equestrian trail from Beryl to 203 feet east of Eastwood. Ground Cover area: 4,900 square feet A-38 The median in the 9200 block of Monte Vista Ground Cover area: 500 square feet A-39 The south side of Almond from Henry to Sapphire; the west side of Sapphire from Almond to 255 feet south of Belta Vista. Ground Cover area: 6,926 square feet A-40 The parkway on the east side of Jasper from Hunter to Highland; the parkway on the south side of Highland from Jasper to Carnelian; the west side of Carneiian from Highland to 210 feet south of Highland. Ground Cover area: 14,858 square feet A-41 The west side of Sapphire from 236 feet north of Thoroughbred to Banyan. Ground Cover area: 2,656 square feet A-42 The parkway on the west side of Beryl from 132 feet nomh of Sunflower to 23 feet north of Sunflower; and from Sunflower to Banyan. Ground Cover area: 4,735 square feet A-43 The north side of Base Line from Topaz to the Cucamonga Creek Channel. Ground Cover area: 4,563 square feet A-44 The cutouts on the west side of Sapphire from Banyan to Marble. Ground Cover area: 7,300 square feet A-45 The mainline for this site was connected to A-46 9-8-99. A-46 The south side of Banyan from North star to Zircon. Ground Cover area: 7,448 square feet A-47 The cutouts and vines on the north side of Banyan from 180 feet east of Zircon to 186 feet west of Vineyard. Ground Cover area: 1,300 square feet A-48 The parkway on the west side of Beryl from 452 feet north of Cielito; 158 feet south of Cielito and the easement between 9063 and 9073 Cielito from Cielito to 170 feet south of Cielito. Ground Cover area: 6,916 square feet A-49 The east side of Camelian from 662 feet south of Banyan to Banyan; the south side of Banyan from Carnelian to Northstar. Ground Cover area: 5,906 square feet Landscape Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2010/11 P-325 A-50 The north side of Almond from Sapphire to Crest View; the east and west side of Skyline from Almond to 595 feet north of Almond. Ground Cover area: 17,600 square feet A-51 The planter adjacent to the equestrian trail; from Haven to Riverwood, north of County flood retention basin, west of Chaffey College. The west side of Haven from 400 feet north of Amber To 270 feet south of Amber. Ground Cover area: 37,977 square feet A-52 The east side of Riverwood, from 188 feet south of Charwood to 193 feet north of Chanvood. Ground Cover area: 2,750 square feet A-53 The west side of Jasper from Hunter to Highland. The south side of Highland from Jasper to 308 feet west of Sard. The east and westside of Sard from Highland to Hunter, Ground Cover area: 7,445 square feet A-54 The west side of Beryl from 233 feet north of Mignonette to Mignonette. Ground Cover area: 2,637 square feetJune 9, 2010 A-55 The north side of 19'" from Cartilla to Mayberry. The east side of Mayberry from 19'" to Heather. Ground Cover area: 8,410 square feet A-56 The east side of Beryl from 410 feet north of Wilson to Wilson The north side of Wilson from Beryl to 731 feet west of Buckthorn. The south side of Wilson from Buckthorn to Beryl. Ground Cover area: 19,708 square feet A-57 The east side of Hermosa From 115 north of Coca To 451 feet north of Coca. The trail north of water retention basin from Hermosa to 619 feet east of Hermosa. Ground Cover area: 9,406 square feet A-58 The west side of Haven from 510 feet south of Victoria to 1005 feet south of Victoria. Ground Cover area: .7,301 square feet A-59 The east side of Archibald from 820 feet south of Lemon to 448 feet south of Lemon and continues from 275 feet south of Lemon to 165 feet south of Lemon. Ground Cover area: 4,777 square feet A-60 The south side of Lemon from 290 feet east of Archibald to London. The West side of London from Lemon to Orange. Ground Cover area: 2,569 square feet A-61 The north side of Carrari from Archibald to London. Ground Cover area: 25,152 square feet A-62 The east side of Archibald from Carrari to 505 feet north of Meadowood. Ground Cover area: 8,626 square feet. A-63 The south side of Almond street from Carriage to Almond Ground Cover area: 3,342 square feet. Landscape Maintenance District No. 1 -City of Rancho Cucamonga 9 Fiscal Year 2010/11 P-326 A-64 The east side of Beryl from Cottonwood to Wilson. The south side of Wilson from Beryl to 437 feet east of Beryl. The north side of Wilson from Cousins to 474 feet east of Cousins. Ground Cover area: 11,973 square feet. A-65 The east side of Archibald from LaGloria to 328 feet north of LaGloria. Ground Cover area: 2,279 Square feet. A-66 The east side of Hermosa from Waterford to 500 feet north of Waterford. Ground Cover area: 4,695 Square feet. A-67 The south side of 19th from 220 feet east of Sapphire to Via Serena. Ground Cover area: 3,208 Square feet. A-68 The west side of Haven from Hillside to 783 feet south of Hillside. Ground cover area: 3,492 square feet Hardscape area: 0 squarefeet A-69 The north side of Hillside from 27 feet west of Mayberry to 191 feet west of Mayberry. Ground Cover area: 1,002 square feet A-70 The south side of 19`h from 365 feet west of Amethyst to Amethyst. The west side of Amethyst from 19~h to Hedges. Ground Cover area: 6,435 squarefeet A-72 The south side of Banyan from 420 feet west of Archibald to Archibald. The west side of Archibald from Banyan to 389 feet south of Banyan. Ground cover area: 10,270 square feet Hardscape area: 6,673 square feet A-73 The west side of Beryl from 300 feet north of San Simeon Drive to 130 feet north of San Simeon Drive. Ground Cover area: 1,200 squarefeet A-74 The south side of Highland Ave. from Beryl St. to Hellman Ave. Ground cover area: 11,603 squarefeet Hardscape area: 0 squarefeet A-75 The south side of Highland Ave. from Amethyst St. to 612 feet east of Archibald Ave. Ground cover area: 106,409 squarefeet Hardscape area: 60,608 square feet B-1 The median on Blue Gum from Etiwanda to Blue Gum Court. Ground Cover area: 5,100 square feet B-2 The north side of 19th from Highland to Palm; the west and east side of Alameda from 19th to Ring; the east side of Palm from 19th to Ring. Ground Cover area: 22,550 square feet B-3 The paseo from Sutter Ct. to Deer Creek Channel. Ground Cover area: 294 square feet B-4 The north side of Banyan from Deer Creek Channel to 355 feet west of Fredericksburg. Ground Cover area: 9,200 square feet B-5 The north side of Lemon from Semillion to 188 feet west of Terracing. Ground Cover area: 14,472 squarefeet Landscape Maintenance District No. 1 -City of Rancho Cucamonga 10 Fiscal Year 2010!11 P-327 B-6 The north side of Lemon from Barsac to Semillion. Ground Cover area: 15,784 square feet B-7 The south side of Banyan from Cabernet to 414 feet east of Cabernet. Ground Cover area: 18,814 square feet B-8 The south side of Banyan from Callaway to Muscat. Ground Cover area: 10,505 square feet B-9 The east side of Haven from Banyan to 240 feet north of Banyan; the north side of Banyan from Haven to Merlot. Ground Cover area: 24,975 square feet B-10 The east side of Haven from 400 feet south of Banyan to Banyan; the south side of Banyan from Haven to Callaway. Ground Cover area: 14,548 square feet B-11 The south side of Banyan from Muscat to Cabernet. Ground Cover area: 33,282 square feet B-12 The north side of Lemon from Barsac to 135 feet east of Valinda. Ground Cover area: 13,464 square feet B-13 The south side of 19th from Inyo to 585 feet east of San Benito; the parkways on the east and west side of San Benito from 19th to San Mateo; the east side of Inyo from 19th to paseo south of 19th and the paseo running east from Inyo to Sonora. Ground Cover area: 17,563 square feet Turt area: 3,387 square feet B-14 The paseo from San Benito and Sonora to the Deer Creek Channel. Ground Cover area: 2,OOD square feet B-15 The paseo from Stanislaus and Lavine to the Deer Creek Channel. Ground Cover area: 1,040 square feet B-16 The paseo from Inyo to Mendocino. Ground Cover area: 225 square feet B-17 The paseo from Yuba Ct. to Deer Creek Channel. Ground Cover area: 918 square feet B-18 The south side of Wilson from 377 feet west of Canistel to 1032 feet east of Canistel. Ground Cover area: 6,762 square feet B-19 The east side of Haven from the Southern Pacific Railroad to 341 feet south of Victoria. Ground Cover area: 6,415 square feet B-20 The east side of Haven from 341 feet south of Victoria to Victoria; the south side of Victoria from Haven to 237 feet east of Mango. Ground Cover area: 16,900 square feet B-21 The south side of 19th from Valinda to Inyo. Ground Cover area: 3,900 square feet Landscape Maintenance District No. 1 -City of Rancho Cucamonga 11 Fiscal Year 2010/11 P-328 B-22 The south side of Lemon south of the sidewalk from 186 feet west of Terracina to 284 feet north of Marbella. The parkway on the south side of Lemon from 188 feet west of Terracina to 517 feet north of Marbella. The turf in the parkway at the end of the cul-de- sac on Sonterra Court. The parkway on the north side Lemon from 188 feet west of Terracina to 526 feet south of Terracina. The northside of Lemon north of the sidewalk from 188 feet west of Terracina to 562 feet south of Terracina. The turf in the parkway at the end of the cul-de-sac at Serena Street. Ground Cover area: 17,688 square feet. Turf Area: 6,390 square feet. B-23 The parkway on the east side of Lemon from 129 feet south of Marbella to 526 feet south of Terracina. The slope On the east side of Lemon east of the sidewalk from 129 feet south of Marbella to 562 feet south of Terracina. The west side of Lemon west of the sidewalk from 284 feet north of Marbella to 129 feet south of Marbella. The parkway on the west side of Lemon from 517 feet north of Marbella to 129 feet south of Marbella. Ground Cover area: 22,531 square feet. Note _There was 11,844 square feet of ground cover deleted from this site 7-1-D0. B-24 The south side of Highland from 327 feet west Deer Creek Channel to Deer Creek Channel. The paseo from Los Osos to Deer Creek Channel. Ground Cover area: 4,946 square feet. B-25 The south side of Banyan from 152 feet west of Cantabria to 930 feet east of Cantabria. Ground Cover area: 16,693 square feet. B-26 The north side of Wilson from 590 feet west of High Meadow Place to 187 feet east of High Meadow Place. Ground Cover area: 4,628 Square feet B-27 The east side of Haven 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 C-1 The north side of 26th from Andover to Hermosa; the east side of Hermosa from 26th to 331 feet north of Concord. Ground Cover area: 12,804 square feet Turf area: 9,423 square feet C-2 The entry monument on the north east and northwest corners of 4th and Archibald. Ground Cover area: 5,860 square feet Turf area: 5,546 square feet C-3 The south side of Base Line from Ramona to 128 feet east of Cambridge. Ground Cover area: 17,262 square feet C-4 The south side of Base Line from 440 feet west of Ramona to Ramona. Ground Cover area: 6,198 square feet C-5 The south side of Base Line from 340 feet west of Center to 103 feet east of Center. Ground Cover area: 8,850 square feet C-6 The south side of Base Line from Ivy to 105 feet west of Marine. Ground Cover area: 8,080 square feet C-7 The parkway on the north side of Church from 142 feet east of Teak to 230 feet west of Teak. Landscape Maintenance District No. 1 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-329 Ground Cover area: 1,813 square feet C-8 The west side of Hermosa from 524 feet north of Palo Alto to 142 feet south of Palo Alto. Ground Cover area: 2,650 square feet C-9 The parkway on the west side of Hermosa from 163 feet north of Ironwood to 145 feet south of Ironwood. Ground Cover area: 1,500 square feet C-10 The entry monument parkway on the south side of Base Line from the western city limit to Alta Cuesta. Ground Cover area: 9,756 square feet C-11 The parkway on the east side of Beryl from Alder to 135 feet north of Culpepper. Ground Cover area: 3,400 square feet C-12 The parkway on the east side of Hellman from Tryon to 665 feet north of Tryon. Ground Cover area: 8,280 square feet C-13 The parkway on the west side of Hellman from 500 feet north of Church to Church. Ground Cover area: 2,416 square feet C-14 The east side of Archibald from 196 feet north of Palo Alto to 530 feet north of Palo Alto. Ground Cover area: 4,262 square feet C-15 The north side of San Bernardino from Summerlin to 225' west of Summerin. Ground Cover area: 1,660 square feet C-16 The south side of Base Line from 286 feet west of Hermosa to Hermosa. The raised planter on the southwest comer of Base Line and Hermosa. Ground Cover area: 4,190 square feet C-17 The east side of Hellman from 775 feet south of 6th St. to 6th St. The south side of 6th St. from Hellman 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 D-1 The east side of Rochester from Church to Base Line. Ground Cover area: 11,126 square feet Turf area: 16,794 square feet D-2 The east side of Rochester from 146 feet south of Chervil to Church St. Ground Cover area: 11,908 square feet Turf area: 9,95D 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. Landscape Maintenance District No. 1 -City of Rancho Cucamonga 13 Fiscal Year 2010/11 o ~~n P-331 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 assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Estimated 2010/11 Bud et Personnel Services Regular Payroll $87,900.00 Part-time Salaries 22,400.00 Fringe Benefits 43.770.00 Subtotal Personnel $154,070.00 Operations and Maintenance Operations and Maintenance $68,850.00 0 & M Facilities 11,500.00 Vehicle Operations and Maintenance 2,000.00 Equipment Operations and Maintenance 3,800.00 Depreciation of Computer Equipment 440.00 Contract Services 663,500.00 Tree Maintenance 63,260.00 Utilities Telephone Utilities 3,330.00 Water Utilities 268,720.00 Electric Utilities 60,040.00 Assessment Administration 64,830.00 General Overhead 81 160.00 Subtotal Operations and h9aintenance $1,291,430.00 Capital Expenditures Capital Protects $0.00 Subtotal Capital Expenditures $0.00 Total District Expenditure Budget $1,445,500.00 I Operating Reserve Contribution (312,580.00) Operating Reserve Collection 0.00 Estimated Revenue $1,132,920.00 Total District EDU Count 12,788.95 Actual Assessment per EDU -Fiscal Year 2010/11 $92.21 Maximum Allowable Assessment er EDU -Fiscal Year 2010111 92.21 The maximum allowable assessment per EDU 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 EDU will be -- Landscape Maintenance District No. 1 -City of Rancho Cucamonga 14 Fiscal Year 2010/11 P-332 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 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $674,649.50 Operating Reserve Contdbution -Fiscal Year 2010/11 (312,580.00) Ooeratino Reserve Collection -Fiscal Year 2010/11 0.00 Estimated Fiscal Year Ending June 30, 2071 Reserve Fund Balance $362,069.50 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Reoular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the DisUict improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Utilities -Water: This item includes the costs to furnish water for the landscaping within the District. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. 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 21 B balloting proceedings. General Overhead: This item includes the costs of all departments and staff of the City for providing the coordination of District services, inspections, annual bid management, responding to public Landscape Maintenance District No. 1 -City of Rancho Cucamonga 15 Fiscal Year 2010/11 P-333 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 assessment district within the City's administrative structure. Capital Expenditures: Capital Projects: 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. Operating Reserve Collection: Operating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue . until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similar events. Landscape Maintenance District No. 1 -City of Rancho Cucamonga 16 Fiscal Year 2010/11 P-334 ~E~~®~ ®~ ~~~E~~i~Ea~T Genera! 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 maybe apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estfmated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel wilt 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]." 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" (Sec. 22547). 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 frorn 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 io separate general benefit from special benefit, where only special benefit is assessed. Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Services and Improvements Sggcoon of this report) are for the benefit of the properties within the District, and as such confer a specidl 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 fo properties within the District, and Landscape Maintenance District No. 1 -City of Rancho Cucamonga 17 Fiscal Year 2010/11 P-335 • 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. 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 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 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. Wheri the District was formed in 1979, 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 the 1996197 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 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. Vacant parcels are assigned an EDU value of 0.25 per acre because they receive a lesser benefit from the improvements until such time as development occurs. 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. Landscape Maintenance District No. 1 -City of Rancho Cucamonga 18 Fiscal Year 2010/11 P-336 Land-Use Equivalent Dwelling Units Pro ert T e Coun Use Code EDU Value Multi tier Single Family Residential 1.00 Dwelling Unit Multi-Family Residential 0.50 Dwelling 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 andlor 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. The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate er EDU Actual Assessment Rate per EDU Total UnitslAcres Total EDUs Single Family Residential $92.21 $92.21 7,824 7,824 Mulfi-Family Residential 92.21 92.21 9,902 4,951 Non-Residential 92.21 92.21 6.98 13.95 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. Landscape Maintenance District No. 1 -City of Rancho Cucamonga 19 Fiscal Year 2010!11 P-337 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. Landscape Maintenance District No. 1 -City of Rancho Cucamonga 20 Fiscal Year 2010/11 P-338 ASSESSMENT ROLL The assessment roll is a listing of the assessmenf for Fiscal Year 2010/ i 1 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010111 is listed on the following pages. The following tables summarize the Fiscal Year 2010/11 maximum and actual assessments for the District: Property Type (County Use Code Maximum Allowable Assessment Rate er EDU Total Units/Acres Total EDUs Maximum Allowable Assessment Single Family Residential $92.21 7,824 7,824 $721,451.04 Multi-Family Residential 92.21 9,902 4,951 ~ 456,531.71 Non-Residential 92.21 6.98 13.95 1,286.32 Property Type (County Use Code Actual Assessment Rate er EDU Total UnitslAcres Total EDUs Actual Assessment Single Family Residential $92.21 7,824 7,824 $721,451.04 Multi-Family Residential 92.21 9,902 4,951 456,531.71 Non-Residential 92.21 6.98 13.95 1,286.32 Landscape Maintenance District No. 1 -City of Rancho Cucamonga 21 Fiscal Year 2010/11 P-339 ~ ~ v.r V •~ ~, +-~ > J C] r C 0 ~ (~ ~ tf1 ~ y a~._ n iCJJa ~ ~ ~ ~ A .____ __ __._._..---.....__ d 4~ ~ ^ ~ y N c _ ~ ~ ' -~' ,,...~' N - ~ O .: - J ~1 i 1 l6 r i O ~ ,~ ~ ~~ I m 11 Q 1 ~ ~ ............ ~ nd lse3 in ~ ~ i L I ®! .. j - - ~ -'-~-- --------'-- -----~, - a - --~ Q ~ ny epuem!;3. ny epuen~!l3 ~ ! ,.. -~ , ...___ ~ V ~ ~ _. ~ ' ~ h i _ _ _____ __ _ ________ a Pe ~aaJ~ ~eQ -- --------- ~ - }--\ C ._.._.._.._.._.._.._.y •,i J ny Ja;sayooa '---__...... -._ ......... ....!- - ----I ;. ny Ja;sayao~{ ~~ ~..~ ~j ~! `. ~ , • ~ ` i '+ `. ny ua~!II!W f._.._.._.._.._.._..-~---- .._._..-~-----_-_- ~- I ny ua~l!II!W i .. /~ ny uaneH ~ ny uaneH ny esowJa!.{ ~ ny esowJaH nH Ple4!4oJt/ nt/ PIeQ!yaJV ny uewpaH ~ ny uewllaH ~ r L ,~ ny p e~(au!n 1S ue!lawe~ F'(F(6eep pF°i age€?'~t€gp~f ~ a ~ n`p'anOJ~ ~s4si~~~~~xk N CO 2' UJ x1 f 3T € r ~ 3 s 4~ '~ e'8;F€ g $Fs ~a ~ ~ N .L.. O` ~ a•"p~~ ~~Fg~6F d' C m li ~ Eot€gF~3~~t~ 9 ,.~ ~ ~,~ E~~sgy g's 4 ~F;~€eog~ t- ~ U ES8ikE8~s~~.~ P-340 ~-nnual Engineer's Report 0=iscal Year 20'10/201'1 City of Rancho Cucamonga Landscape Maintenance District No. 2 (Victoria Planned Community P-341 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diarie Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P-342 TABLE OF CONTENTS ENGINEER'S LETTER INTRODUCTION 1 3 Reason for Assessment .............................................................................................3 Process for Annual Assessment .................................................................................3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District ...............................................................5 Description of Improvements and Services ................................................................5 Map of Improvements ...............................................................................................15 ESTIMATE OF COSTS 16 District Budget ..........................................................................................................16 Definitions of Budget Items .......................................................................................17 METHOD OF ASSESSMENT 19 General .....................................................................................................................19 Special Benefit ...................................................................:.....................................19 General Benefit ........................................................................................................20 Method of Assessment Spread ................................................................................20 ASSESSMENT DIAGRAM 23 ASSESSMENT ROLL 24 P-343 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. _, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 2 (Victoria Planned Community) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Engineer's Report for Fiscal Year 2010/11 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 20'10/11 Personnel Costs $1,192,220.00 Operations & Maintenance Costs 2,100,760.00 Capital Expenditures O.DO Reserde Fund Contribution l601 010.00) Estimated Costs and Expenses $3,292,980.00 Total District EDU Count 7,006.76 Actual Assessment per EDU $422.00 Maximum Allowable Assessment per EDU $422.00 Landscape Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2010/11 P-344 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this 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 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 specia! benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefts and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the Engineers Report, Assessments, and the Assessment Diagram 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. Mark A. Steuer, City Engineer Landscape Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2010111 P-345 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 repair, removal or replacement of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimming, rubbish, debris and other solid waste, the maintenance, repair and replacement as necessary of all irrigation systems and the removal of graffiti from walls immediately adjacent to the cultivated areas. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include 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 assessment 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 assessment 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 assessment district by its distinctive designation and indicate the general location of the district. , • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment 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 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 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment 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 levv of an assessment for the fiscal year referred to in the assessment. Landscape Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2010111 P-346 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 1998 added Article XIII D to the Califomia 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIII D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Landscape Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2010/11 P-347 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 fhe 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 Victoria Planned Community, which is generally bounded by the 210 Freeway on the north, Etiwanda Avenue on the east, the 15 Freeway on the south east. The western portion of the District is bounded by Base Line Road on the South, while the eastern portion of the District is bounded by the 15 Freeway on the South. The western portion of the District is bounded by Hermosa Avenue on the west and the eastern portion of the District is bounded by Rochester Avenue on the west. 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 Irrrprovements and services The improvements are the maintenance and servicing of landscaping sites and appurtenant facilities throughout the District. The various landscaping sites that are maintained consist of parkways, median islands, street trees, paseos and community trails located within 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, shrubs, turf, tree trimming in irrigated City parkways and paseos, weed and pest control, landscape irrigation systems and testing, trash, debris and graffiti removal, 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 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 Distdct. The breakdown of maintained areas is as follows: Parks: Kenyon Park, Windrows Park, Ellena Park, Vintage Park, Victoria Groves Park and Victoria Arbors Park Site # Descriptive Location 2-1 Arbor Lane from Church to Cul-de-sac at the traffic circle excluding the frontage for Arbor Lane Park. The paseo from the west side of Arbor Lane to Day Creek. The paseo from the west side of Arbor Lane to Saintsbury. The north side of Winery Drive from Arbor Lane to 214 feet west of Arbor Lane. Ground Cover area: 87,985 square feet 2-2 The northwest corner of Day Creek and Church. The north side of Church from Day Creek to 1,152 feet west of Hess. The paseo from the north side of Church to Dry Creek Drive. The paseo from the north side of Church to Pine Ridge Place. The west side of Hess Place from the north side of Church to Dry Creek Drive. The south side of Church from 145 feet east of Hyssop to 896 feet east of Hyssop. Ground Cover area: 24,018 square feet Landscape Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2010/11 P-348 2-3 The west side of Day Creek from Church to 250 feet north of Appellation. The east side of Day Creek from Church to Madrigal. The Day Creek median from Church to Base Line. Ground Cover area: 31,455 square feet 2-4 Victoria Park Lane from Base Line to the east entrance of Arbor Park. The southwest corner of Victoria Park Lane and Base Line. Ground Cover area: 33,589 square feet Turt area: 3,874 square feet 2-5 Victoria Park Lane from the east entrance of Arbor Park to Church. Ground Cover area: 48,743 square feet 2-6 The north side of Church from Arbor Lane to Day Creek. The northwest corner of Church and Arbor Lane. The paseo from the north side of Church to Wilson Creek Drive. Ground Cover area: 18,469 square feet 2-7 The north side of Church from Victoria Park Lane to Arbor Lane. Ground Cover area: 16,609 square feet 2-8 The paseo from the west side of Etiwanda to Silver Rose Court. The north side of Church from Etiwanda to Victoria Park Lane. The east side of Iron Horse Place from Church to Wild Horse Way. The paseo from the north side of Church to Cloudy Bay Court. Ground Cover area: 35,122 square feet VW-1 Base Line median from Victoria Park Lane to 830 feet west of Victoria Park Lane. Ground Cover area: 4,514 square feet VW-2 The north side of Base Line, 300 feet east and west of Swanson; the east and west sides of Swanson from Base Line to Province; the paseo from the intersection of Swanson and Province to Atwood with outlet to Dunmore; the paseo from Atwood to the Southern Pacific Railroad; the north side of Saratoga from Powell to Dunmore; the paseo from Saratoga to Etiwanda; the south side of Atwood from Victoria Park Lane to Travis; the north side of Atwood from Walcott to Victoria Park Lane. Ground Cover area: 18,753 square feet Turf area: 73,931 square feet VW-3 The Victoria Park Lane median and the west and east side parkways from Base Line to the entrance to Victoria Village. Ground Cover area: 24,453 square feet Turf area: 2,637 square feet VW-d The Victoria Park Lane median and the west and east side parkways from Victoria Village entrance to Atwood. Ground Cover area: 30,695 square feet Turt area: 10,242 square feet VW-5 The Victoria Park Lane median and the west side and east side parkways from Atwood to the Southern Pacific Railroad. Ground Cover area: 49,513 square feet VW-6 The paseo running north from 12732 Farrington to the Southern Pacific Railroad. Ground Cover area: 285 square feet VW-7 The paseo running north from 12840 Farrington to the Southern Pacific Railroad. Ground Cover area: 266 square feet Landscape Maintenance District No. 2 -City of Rancho Cucamonga 6 Fiscal Year 2010/11 P-349 VW-8 The Victoria Park Lane median and the west side parkway from the Southern Pacific Railroad to South Victoria Windrows Loop. The Victoria Park Lane east side parkway from the Southern Pacific Railroad to Zinnia Ct. Ground Cover area: 40,548 square feet VW-9 The Victoria Park Lane east side parkway from Barberry to North Victoria Windrows Loop at Windrows Park. Ground Cover area: 9,188 square feet Turf area: 3,851 square feet VW-10 The west side of Victoria Park Lane from South Victoria Windrows Loop to Dahlia Ct.; the Victoria Park Lane median from Zinnia Ct., to Dahlia Ct.; and the east side of Victoria Park Lane from North Victoria Windrows Loop at Windrows Park to Dahlia Ct. Ground Cover area: 27,398 square feet Turt area: 37,350 square feet VW-11 The east side parkway on South Victoria Windrows Loop from Silktassel to Victoria Park Lane; the parkway on the south side of Victoria Park Lane from the intersection of South Victoria Windrows Loop and North Victoria Windrows Loop to Dahlia Ct.; the Victoria Park Lane median from the intersection of North and South Victoria Windrows Loop to Dahlia Ct.; and 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: 23,082 square feet Turf area: 24,187 square feet VW-12 The Victoria Park Lane median from the intersection of North and South Victoria Windrows Loop west to the tract wall; the parkway on the north side of Victoria Park Lane from the intersection of North and South Victoria Windrows Loop, west to the tract wall; the parkway on the west side of north Victoria Windrows Loop from Silverberry to Victoria Park Lane and; the parkway on the south side of Silverbery from the wall to North Victoria Windrows Loop. Ground Cover area: 149,010 square feet Turf area: 38,842 square feet VW-13 The parkway on the south side of Victoria Park Lane from the west tract wall to South Victoria Windrows Loop; and the west side of South Victoria Windrows Loop from Victoria Park Lane to Snapdragon. Ground Cover area: 20,068 square feet Turf area: 16,476 square feet VW-14 The parkway on the west side of South Victoria Windrows Loop from Snapdragon to Victoria Park Lane; the parkway on the north and south side of Sugargum from South Victoria Windrows Loop to the wall; the parkways on the east and west sides of Basswood from Sugargum to Blazing Star; and the parkway on the north side of South Victoria Windrows Loop from Victoria Park Lane to Silktassel. Ground Cover area: 21,466 square feet Turf area: 10,335 square feet VW-15 The parkway on the north side of Bougainvillea Way from Peach to North Victoria Windrows Loop; the parkway on the east side of North Victoria Windrows Loop from Bougainvillea Way and following that curb line to Citrus. The parkway on the north side of North Victoria Windrows Loop from Locust and following that curb line to Silverberry; the parkway on the north side of Silverberry from North Victoria Windrows Loop to the tract wall; the paseo from North Victoria Windrows Loop at Silverberry to Nasturtium; and the paseo from North Victoria Windrows Loop at Locust to Pistachio and continuing to Bougainvillea. Landscape Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2010111 P-350 Ground Cover area: 45,929 square feet Turt area: 12,207 square feet VW-16 The south side of Highland from 455 feet east Day Creek to 534 feet west of Locust. The east and west side of Locust from Highland to North Victoria Windrows Loop. The parkway on the south side of North Victoria Windrows Loop from Citrus east to Bougainvillea Ct.; the parkway on the north side of North Victoria Windrows Loop from Twinspurto Locust. Ground Cover area: 26,577 square feet Turf area: 23,922 square feet VW-17 This site was modified and added to VW-16, 1-5-99. VW-18 The south side of Highland from 12583 Highland, the Polka Palace to Rockrose. Ground Cover area: 2,800 square feet Turf area: 8,515 square feet VW-19 The north side of North Victoria Windrows Loop from Rosemary to Rockrose; the east side of Rockrose from North Victoria Windrows Loop to Highland; the south side of Highland from Rockrose to Etiwanda; and the horse trail from Highland and Etiwanda to the Fire Station. Ground Cover area: 21,027 square feet Turt area: 32,266 square feet VW-20 The parkway on the south side of North Victoria Windrows Loop from Victoria Park Lane to Plum; the paseo from Tipu east to the open field; and the parkway on the west side of North Victoria Windrows Loop from Plum Way to Rosemary Ct. Note: The area in front of Windrows Park is watered by VW-20 water meter, but is maintained by City crews. Ground Cover area: 2,110 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; and the south side of Basil St., from North Victoria Windrows Loop to Santolina PI. Ground Cover area: 49,187 square feet Turf area: 57,532 square feet VW-22 The paseo from North Victoria Windrows Loop at Rockrose to the north east corner of Windrows Park and from that corner to Plum. Ground Cover area: 13,689 square feet Turf area: 19,953 square feet VW-23 The west side of Rockrose from Highland to North Victoria Windrows Loop; the parkway on the north side of North Victoria Windrows Loop from Rockrose to Twinspur; and the parkway on the south side of North Victoria Windrows Loop from Bougainvillea Ct., to Rosemary. Ground Cover area: 18,299 square feet Turf area: 3,425 square feet VW-24 The M.W.D. easement from Jasmine and Ironbark to Sweet Gum Dr. Ground Cover area: 475 square feet Turf area: 4,730 square feet VW-25 The north side of Baseline from 364 feet west of Wanona to Etiwanda. The west side of Etiwanda from Baseline to Craig. Landscape Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2010/11 P-351 Ground Cover area: 20,934 square feet Turf area: 3,079 square feet VW-26 The Paseo from Grape to 630 feet west of Grape. Ground Cover area 7,021 square feet VW-27 The south side of Baseline from 251 feet west of Swanson to Etiwanda. Baseline median from Victoria Park Lane to Swanson Place. Ground Cover area 18,816 square feet This site had 2667 feet of ground cover added from median 6-8-2005. VG-1 The turt and ground cover on the south side of Highland from the Deer Creek Channel to Fairmont; the turf and ground cover from Highland on the west side of Fairmont to Victoria Park Lane; the ground cover on the north side of Victoria Park Lane south of the horse trail; from 475 feet east of Milliken to Fairmont; the turf on the north side of Victoria Park Lane from 275 feet east of Milliken to Fairmont; the turt in the parkway on the east side of Fairmont from Victoria Park Lane to Highland. Ground Cover area: 21,573 square feet Turf area' 47,604 square feet VG-2 The turt on the east side of York from Delaware to Fairmont; the ground cover on the south side of Fairmont from York Place and continuing on that curb line to Victoria Park Lane; the turf and ground cover on the south side of Victoria Park Lane, west of Milliken, from Fairmont to Milliken; the parkway on the west side of Milliken from Victoria Park Lane to Fairmont; the Milliken median from Fairmont to Victoria Park Lane; the turf on the north side of Victoria Park Lane from 273 feet west of Milliken to Milliken; the ground cover on the north side of Victoria Park Lane, south of the horse trail, from 468 feet west of Milliken to Milliken. Ground Cover area: 29,395 square feet Turf area: 73,608 square feet VG-3 The turt and ground cover, north of the sidewalk, on the north side of Fairmont from Nova Ct., and continuing on that curb line to York PI.; and the turt south of the sidewalk on the north side of Fairmont from Armstrong PI., and continuing on that curb line to York PI.; the ground cover on the west side of York PI., from Fairmont to Delaware and the ground cover on the east side of York PI.; the turf and ground cover on the west side of Fairmont from Emerson continuing along that curb line to Armstrong PI.; the turf and ground cover on the east and west sides of Biola PI. Ground Cover area: 57,189 square feet Turf area: 38,343 square feet VG-4 The turt and ground cover on the south side of Fairmont from Armstrong to Milliken; the turt and ground cover on the west side of Milliken from Fairmont to the Southern Pacific Railroad; the Milliken median from Fairmont to the Southern Pacific Railroad; the ground cover on the north side of the Southern Pacific Railroad from Deer Creek Channel to Rochester, including the paseo to Baylor; the ground cover on the north side of Fairmont from Milliken to Nova Ct.; the turf on the north side of Fairmont from Milliken to Armstrong. Ground Cover area: 197,763 square feet Turf area: 24,151 square feet VG-5 The paseo from Biola at Amarillo to Delaware at York. Ground Cover area: 12,448 square feet Turf area: 44,896 square feet VG-6 The paseo beginning at the northeast corner of Victoria Groves park and Fairmont and extending to the Deer Creek Channel. Landscape Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2010/11 P-352 Ground Cover area: 73,442 square feet Turt area: 74,778 square feet VG-7 The paseo that begins on the south side of Donnelly at Fairmont and continues to the Deer Creek Channel including the southward extension on the west side of Albright from Donnelly to Pacific and the paseo from Pacific to Charleston. Ground Cover area: 43,427 square feet Turf area: 51,765 square feet VG-8 The ground cover on the west side of Milliken from 566 feet north of Victoria Park Lane to Victoria Park Lane; the ground cover and turf north of the horse trail on Victoria Park Lane from Milliken to Fairmont; the ground cover on the east side of Fairmont from Victoria Park Lane to 156 feet north of Victoria Park Lane. Ground Cover area: 21,614 square feet Turt area: 8,614 square feet VG-9 The ground cover on the east side of Fairmont from 156 feet north of Victoria Park Lane to Kenyon Way; the ground cover on the south side of Kenyon from Fairmont to 197 feet east of Fairmont; the turf on the south side of Kenyon from Fairmont to 316 feet east of Fairmont: the turf and ground cover on the south side of Baltimore Drive from Fairmont to Baltimore Court; the turf and ground cover on the north side of Baltimore Drive from Fairmont to Vanderbilt; the turt and ground cover on the east side of Vanderbilt from Baltimore to Brown; the paseo from Vanderbilt and Brown to Kenyon. Ground Cover area: 48,481 square feet Turf area: 11,357 square feet VG-10 The ground cover on the south side of Kenyon from 197 feet east of Fairmont to Milliken; the turf on the south side of Kenyon from 316 feet east of Fairmont to Milliken; the ground cover on the west side of Milliken from Kenyon to 566 feet north of Victoria Park Lane; the turf and ground cover on the west side of Capitol from Brown to Bethany; the paseo from Capitol and Brown to Kenyon. Ground Cover area: 34,241 square feet Turf area: 11,031 square feet VG-11 Milliken from Baseline to the abandoned railroad. The north side of Baseline from 542 feet east of Milliken to Milliken. This site was reduced on 4-1-2002 by 25,718 sq. ft. of turf and 3,037 sq. ft. of ground cover Ground Cover area: 31,367 square feet Turf area: 17,264 square feet VG-12 The turf and ground cover on the south side of Fairmont from the southeast corner of Milliken and Fairmont along that curb line to Victoria Park Lane; the turf and ground cover on the west side of Fairmont from the southwest corner of Victoria Park Lane and Fairmont (located east of Milliken) and continuing along that curb line to Milliken; the turf on the east side of Milliken from the Southern Pacific Railroad to 730 feet south of Victoria Park Lane; the ground cover on the east side of Milliken from the Southern Pacific Railroad to 766 feet south of Victoria Park Lane. Ground Cover area: 53,068 square feet Turt area: 36,431 square feet VG-13 The paseo from Victoria Park Lane to Verona; from Verona to Napoli and Genova and to Tivoli. Ground Cover area: 17,993 square feet Turf area: 16,344 square feet Landscape Maintenance District No. 2 -City of Rancho Cucamonga 10 Fiscal Year 2010/11 P-353 VG-14 Base Line median from Milliken to Ellena East; the turf and ground cover on the north side of Base Line from Ellena East to Ellena West; the turt and ground cover on the east side of Ellena West from Base Line and following that curb line to Kenyon; the north side of Ellena West from Kenyon to Casoli; the turf and ground cover on both sides of Casoli from Ellena West to Candela; the turt and ground cover on both sides of Crema Piace from Ellena west to Candela. Ground Cover area: 89,456 square feet Turf area: 62,999 square feet VG-15 The turf and ground cover on the west side of Rochester from the Railroad tracks to Base Line; the turt and ground cover on the north side of Base Line from Rochester to Ellena East; the Base Line Median from Rochester to Ellena East; the turf and ground cover on the east side of Ellena east from Base Line and continuing along that curb line to 275 feet north of Berra Road; the turf and ground cover on both sides of Berra from Ellena East to Comiso. Ground Cover area: 56,588 square feet Turf area: 57,306 square feet VG-16 The paseo from Base Line to Ellena West with entrances to Amelia and Pavola. Ground Cover area: 9,661 square feet Turf area: 11,529 square feet VG-17 The paseo from Fairmont to the Southern Pacific Railroad; the paseo from Fabriano to Martano. Ground Cover area: 35,351 square feet Turf area: 40,291 square feet VG-18 The paseo from Rapallo to Gandino and south to the Southern Pacific Railroad. Ground Cover area: 4,281 square feet VG-19 The paseo from Tolentino to Pizolli and to Tolentino. Ground Cover area: 12,555 square feet Turf area: 17,856 square feet VG-20 The turf on the east side of Milliken from 730 feet south of Victoria Park Lane to Victoria Park Lane; the ground cover on the east side of Milliken from 766 feet south of Victoria Park Lane to Victoria Park Lane; the turf and ground cover on the south side of Victoria Park Lane from the southeast corner at Milliken heading east to Fairmont; the turt and ground cover on the north side of Victoria Park Lane from Parma to the northeast corner of Milliken and Victoria Park Lane; the ground cover on the west side of Parma from Victoria Park Lane median from Milliken to Pandio Ct.; the Milliken median from Victoria Park Lane to 440 feet south of Kenyon: the parkway on the west side of Milliken from 420 feet south of Kenyon to Victoria Park Lane. Ground Cover area: 76,232 square feet Turf area: 97,979 square feet VG-21 The ground cover on the east side of Parma; the ground cover on the north side of Victoria Park Ln., from Parma to 653 feet east of Kenyon; the turt on the north side of Victoria Park Lane from Parma to 653 feet east of Kenyon; the turf on the north side of Victoria Park Lane from Parma to 547 feet east of Kenyon; the turf and ground cover on the south side of Victoria Park Lane from Fairmont to 422 feet east of Kenyon; the turt and ground cover on the east and west sides of Kenyon from Victoria Park Lane to the Southem Pacific Railroad; the paseo from Kenyon to Rapallo; the paseo from Kenyon to Bari; the Victoria Park Lane median from Pandino Ct. to Portofino Ct. Ground Cover area: 69,167 square feet Turf area: 58,692 square feet Landscape Maintenance District No. 2 -City of Rancho Cucamonga 11 Fiscal Year 2010/11 P-354 VG-22 The ground cover on the north side of Victoria Park Lane from 653 feet east of Kenyon to Rochester; the turf on the north side of Victoria Park Lane from 547 feet east of Kenyon to Rochester; the Victoria Park Lane median from Portofino Ct., to Rochester Ave.; the turf and ground cover on the south side of Victoria Park Lane (north of sidewalk) from Kenyon to the east side of Vintage Park; the turt and ground cover on the south side of Victoria Park Lane from the east side of Vintage Park to Rochester; the turt and ground cover on the west side of Rochester from Victoria Park Lane to the Southern Pacific Railroad. Ground Cover area: 83,397 square feet Turf area: 89,674 square feet VG-23 The turf and ground cover on the east side of Kenyon from Victoria Park Lane to 409 feet west of Grimaldi; the ground cover on the south side of Portofino from Kenyon to Bergano; the turf and ground cover on the north and south side of Lark from Kenyon to the west side of Rancho Cucamonga High School; the ground cover on the east and west side of Matera from Lark to Pescara; the ground cover on the north and south side of Grimaldi, from Kenyon to Brindisi; the turf and ground cover on the west side of Kenyon from Lark to Victoria Park Lane; the ground cover on the north and south side of Marcello from Kenyon to Landriano. The paseo from southwest corner of Kenyon Park to Kenyon. The paseo from south west corner of Kenyon Park to Kenyon. Ground Cover area: 63,733 square feel Turf area: 82,565 square feet VG-24 The north side of Kenyon from Autumn Glen court to Woodruff. The east side of Woodruff from Kenyon to 403 feet north of Kenyon. Ground Cover area: 8,447 square feet Turf area: 5,320 square.feet VG-25 The paseo west of Torino from Kenyon to Highland; the tdrf and ground cover on the south side of Highland 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 VG-26 The paseo from Brindisi Ct., to Messina; 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 from the paseo to Treviso Way. Ground Cover area: 18,905 square feet Turf area: 1,141 square feet VG-27 The Milliken median from 440 feet south of Kenyon to Highland; the parkway on the west side of Milliken from 420 feet south of Kenyon to Kenyon. Ground Cover area: 4,030 square feet . Turf area: 3,006 square feet Reduced 1,670 square feet of G.C. on 7-1-00 VG-28 The east side of Rochester from Victoria Park Lane to Highland. Ground Cover area: 60,902 square feet VG-29 The west side of Milliken from Highland Kenyon. The north side of Kenyon from Milliken to Fairmont. The groundcover on the eastside of Fairmont, east of sidewalk, from Kenyon to Highland. The south side of 210 freeway from Kenyon to Milliken from the asphalt to the wall. Ground Cover area: 69,788 square feet Turt area: 16,877 square feet Reduced 18,940 of turf on 7-1-OD Landscape Maintenance District No. 2 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-355 VG-30 The south side of Tresenda from Santo to Sapada. The paseo from Sapada to Carano. The south side of Montella from Carano to Trivento. Ground Cover area: 6,797 square feet Turt area: 2,462 square feet VG-31 The east side of Brienza from Larino to Letini.The west side of Tindari from Letini to Larino. The Greenbelt on the south side of Marconi from Trivento to Comisco. The east side of Comisco from Scalea to Santo. Ground Cover area: 23,419 square feet Turf area: 18,351 square feet VG-32 The north side of Candela from Terini to Bettoloa. Ground Cover area: 20,172 square feet Turf area: 8,190 square feet VG-33 The paseo from the Sapri to Railroad. Ground Cover area: 894 square feet VG-34 The paseo from Bronte to Railroad. Ground Cover area: 894 square feet VG-35 The east side of Rochester from 555 feet south of Palmi to Victoria Park Lane. The south side of Victoria Park Lane and median from Rochester to east side of Deer Creek Channel. Ground Cover area: 53,646 square feet Turt area: 11,150 square feet VG-36 The north side of Victoria Park Lane from the east side of Deer Creek Channel to Rochester. Ground Cover area: 55,780 square feet Turf area : 10,500 square feet VG-37 The paseo at the end of Armadore. Ground Cover area: 1,350 square feet VG-38 The east side of Milliken from 106' feet north of Victoria Park Lane to Kenyon. The north & south of Spring Mist Drive From Milliken to Summerstone. The south side of Kenyon from Milliken to Kenyon Park. Ground Cover area: 28,051 square feet Turf area: 4,533 square feet VG-39 The north side of Victoria Park Lane from Kenyon paseo to 132' east of Milliken. The Kenyon Paseo outlet from Victoria Park Lane to Fairwinds Court. The Paseo ftom Victoria Park Lane to southwest corner of Kenyon Park. Ground Cover area: 55,089 square feet Turf area: 13,120 square feet VG-40 The south side of Highland from 413 feet west of Highland paseo to Highland paseo. The east side of Highland paseo from Highland to Kenyon. The north side of Kenyon from Highland paseo to Autumn Glen Court. Ground Cover area: 56,553 square feet VG-41 The Westside of Rochester from 294 feet south of Highland to Lark. The north side of Lark From Rochester to 1230 feet west of Rochester. Landscape Maintenance District No. 2 -City of Rancho Cucamonga 13 Fiscal Year 2010/11 P-356 Ground Cover area: 31,413 square feet VG-42 The south side of Highland from 1314 feet west of Rochester to Rochester. The west side of Rochester from Highland to 294 feet south of Highland. Ground Cover area: 18,464 square feet VG-43 The north side of Victoria Park Lane and the median from Day Creek Blvd. to Day Creek Channel. The east and west sides of Kensington Place from Victoria Park Lane to Stratford Drive. Ground Cover area: 70,669 square feet Turt area: 7,888 square feet VG-44 The west side of Day Creek Blvd. from 572 feet north of Silverberry today Creek Blvd. The south side of Silverberry from Kensington to Day Creek Blvd. Ground Cover area: 36,835 square feet VG-45 The west side of Milliken and the Milliken median from the 210 freeway to Kenyon. Ground Cover area: 10,658 square feet Turf area: 610 square feet VG-06 The Baseline Median from 657 feet east of Virginia Drive to Rochester. The north side of Baseline from 278 feet east of Virginia to Rochester. The outlet at Huntley. The east side of Rochester from Baseline to 105 feet north of Shenandoah. Ground Cover area: 33,135 square feet VG-47 The north side of Baseline from 400 feet east of Day Creek Blvd. to Day Creek Blvd. Baseline median from Day Creek Blvd. to 595 feet east of Day Creek Blvd. This site had an addition 6-8-2004 6,272 square feet of ground cover for median. Ground Cover area: 9,515 square feet. VG-48 The east side of Day Creek Blvd. and median from Baseline to Victoria Park Lane. The south side of Victoria Park Lane 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 VG-49 The north side of Victoria Park Lane and median from 390 feet east of Day Creek Blvd to Day Creek Blvd. The east side of Day Creek Blvd from Victoria Park Lane to Highland. The south side of Highland 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 VG-50 The west side of San Carmela from 389 feet north of of Baseline to Baseline. The north side of Baseline from Carmela to 264 feet west of Durness. Ground Cover area: 18,043 square feet VG-51 Paseo south of Saxon to Railroad right-of-way. Ground Cover area: 1,398 square feet VG-52 The north side of Sugar Gum from Milliken to Kensington. The south side of Sugar Gum from Milliken to 111 feet east of Suffolk. Ground Cover area: 4,362 square feet VG-53 The south side of Victoria Park Lane from 296 feet west of Kensington to Milliken. The west side of Day Creek Blvd. from Victoria Park Lane to 397 feet south of Sugar Gum. Ground Cover area: 28,532 square feet Turf Area: 11,070 square feet Landscape Maintenance District No. 2 -City of Rancho Cucamonga 14 Fiscal Year 2010/11 P-357 VG-54 The eastside of Rochester from Shenandoah to the railroad right-of-way. Ground Cover area: 6,684 square feet VG-55 Paseo north of Westhaven to the railroad. Ground Cover area: 1,775 square feet VG-56 The south side of Highland from 1317 feet West of Day Creek to 1085 feet west of Day Creek, including the un-irrigated slope on the south side of the sidewalk. Ground Cover area: 5,274 square feet VG-57 The north side of Highland from Fairmont Way to the Day Creek Channel Ground cover area: 16,157 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 Cistrict funds. Landscape Maintenance District No. 2 -City of Rancho Cucamonga 15 Fiscal Year 2010/11 P-359 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 assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Estimated 2010/11 Bud et Personnel Services Re ular Sataries $790,080.00 Overtime Salaries 1,090.00 Part-time Salaries 80 320.00 Frin a Benefits 380,180.00 Pro'eded Frin a Benefit Savin s 19,010.00 Pro'ectedSala Savin s 40440.00 Subtotal Personnel $1,192,220.00 O erations and Maintenance O erations and Maintenance $64,550.00 O erations and Maintenance Facilities 0.00 Vehicle O erations and Maintenance 5,000.00 Contract Services 1042,450.00 Tree Maintenance 37,350.00 Utilities Tele hone Utilities 1,220.00 Water Utilities 642,600.00 Electric Utilities 88,300.00 Assessment Administration 34,910.00 General Overhead 184 380.00 Subtotal O erations and Maintenance $2,100,760.00 Ca ital Ex enditures Ca ital Pro'ects 0.00 Subtotal Ca ital Ex enditures $0.00 Totat District Ex enditure Bud et $3,292,980.00 O eratin Reserve Contribution 601,010.00 O eratin Reserve Collection 0.00 Estimated Revenue $2,691,970.00 Total District EDU Count 7,006.76 Actual Assessment r EDU -Fiscal Year 2010/11 $422.00 Maximum Allowable Assessment er EDU -Fiscal Year 2010111 $422.00 Landscape Maintenance District No. 2 -City of Rancho Cucamonga 16 Fiscal Year 2010/11 P-360 The maximum allowable assessment per EDU 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 EDU 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 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $1,588,044.07 i Operating Reserve Contribution -Fiscal Year 2010/11 (601,010.00) Operating Reserve Collection -Fiscal Year 2010/11 0.00 ~'~ Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance $987,034.07 Definitions of Budgef Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Utilities -Water: This item includes the costs to furnish water for the landscaping within the District. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. 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 Landscape Maintenance District No. 2 -City of Rancho Cucamonga 17 Fiscal Year 2010/11 P-361 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 departments and staff 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 assessment district within the City's administrative structure. Capital Expenditures: Capital Protects: 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. Operating Reserve Collection: Operating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipafion of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similar events. Landscape Maintenance District No. 2 -City of Rancho Cucamonga 18 Fiscal Year 2010/11 P-362 METHOD OF ASSESSMENT General 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 maybe 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 wit! benefit from fhe improvements shaft be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) jof the Streets and Highways Code, State of CalifomiaJ." 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" (Sec. 22547). 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 awned 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 i99n"", requires the City to separate general benefit from special benefit, where only special benefit is assessed. Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Services and Improvements 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 prdperties within the District, and Landscape Maintenance District No. 2 -City of Rancho Cucamonga 19 Fiscal Year 2010/11 P-363 • 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. 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 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 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 in 1982, 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 rernained the same since the 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 of 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 Dweliing 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. Vacant parcels are assigned an EDU value of 0.25 per acre because they receive a lesser benefit from the improvements until such time as development occurs. 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. Landscape Maintenance District No. 2 -City of Rancho Cucamonga 20 Fiscal Year 2010/11 P-364 Land-Use Eauivalent Dwelling Units Pro ert T pe Coun Use Code EDU Value Multi tier Single Family Residential 1.00 Dwelling Unit Multi-Family Residential 1.00 Dwelling Unit Non-Residential 2.OD Acre Vacant 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 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. Landscape Maintenance District No. 2 -City of Rancho Cucamonga 21 Fiscal Year 2010/11 P-365 The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate er EDU Actual Assessment Rate per EDU Total Units/Acres Total EDUs Single Family Residential $422.00 5422.00 6,322 6,322 Multi-Family Residential 422.00 422.00 589 589 Nan-Residential 422.00 422.00 45.20 90.40 Vacant 422.00 422.00 21.43 5.36 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. Landscape Maintenance District No. 2 -City of Rancho Cucamonga 22 Fiscal Year 2010/11 P-366 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. Landscape Maintenance District No. 2 -City of Rancho Cucamonga 23 Fiscal Year 2010/11 P-367 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010111 is listed on the following pages. The following tables summarize the Fiscal Year 2010/11 maximum and actual assessments for the District: Property Type (County Use Code Maximum Allowable Assessment Rate er EDU Total UnitslAcres Total EDUs Maximum Allowable Assessment Single Family Residential $422.00 6,322 6,322 $2,667,864.00 Multi-Family Residential 422.00 589 589 248,558.00 Non-Residential 422.00 45.20 90.40 38,148.80 Vacant 422.00 21.43 5.36 2,261.92 Property Type (County Use Code Actual Assessment Rate er EDU Totai Units/Acres Total EDUs Actual Assessment Single Family Residential $422.00 6,322 6,322 $2,667,884.00 Multi-Family Residential 422.00 589 589 248,558.00 Non-Residential 422.00 45.20 90.40 38,148.80 Vacant 422.OD 21.43 5.36 2,260.87 -- Landscape Maintenance District No. 2 -City of Rancho Cucamonga 24 Fiscal Year 2010/11 N V 'i w •~ 0 W `I.i •/~~~ •V ~^^ ill ~'L V C ny ua~gl!W ny uaneH ny esow~aH ny Pleq!ywy ny uewllaH c o `-' } .., . - -------- ^d ways ~ 1 I - -- ~ N I,%~` C ~ __ 1 ~ L 3 m ~ ~ LL Q ny Naa~~ nep ny ~atisayooa i- . . 3S uegawe~ ; --- - ~' C N j• ~ C ~in (0 ~_ m x~ .~ ~ ~ ~ c L J ~ N [D / \ E ~ J ~ C U ~ II k ~ ^r 5 ~ J -3 0 N ~ N 0 ® ~ 0 N Npp ~!'1 O i nt/ lse3 <n ~ L_ ....m........®.~~ ! ; ny epuein43 ny ~alsayoob i , ~ ~i i. ~ ... ,----- ; .. 1 -----inyua~!II!W -...........I_--_ - ----- .... --I---- eny uaneH j i _........_;....._ __ .................~........._._...~n esow~a - -- d H I I 9 ._._ ~._...-_..._..------_.-_........._._..._ .._..0 ;n'd Ple4!4o~V ~ i 1 --.....-~ ----., ~...._ - ..............~..-• N ny uewllaH ! i ~<~~ r ~ r ~ Q ~ _~.. ..~ • ~•• •- „~ ny ano~~ L t yOy ~ O C LL P-369 Annua9 Engineer's Report Fiscal Year 210{011 City of Rancho Cucamonga Landscape Maintenance District No. 3A (Hyssop) P-370 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 3A (HYSSOP MAINTENANCE DISTRICT) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William WiGkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P-371 TABLE OF CONTENTS ENGINEER'S LETTER ~ INTRODUCTION 3 Reason for Assessment .............................................................................................3 Process for Annual Assessment .................................................................................3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District ...............................................................5 Description of Improvements and Services ................................................................5 Map of Improvements .................................................................................................5 ESTIMATE OF COSTS 6 District Budget ............................................................................................................6 Definitions of Budget Items .........................................................................................7 METHOD OF ASSESSMENT 9 General .......................................................................................................................9 Special Benefit ...........................................................................................................9 General Benefit ........................................................................................................10 Method of Assessment Spread ................................................................................10 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL 13 P-372 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. _, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 3A (Hyssop Maintenance District) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Engineer's Report for Fiscal Year 201 Dl11 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 2010111 Personnel Costs $0.00 Operations & Maintenance Costs 5,340.00 Capital Expenditures O.OD Estimated Costs and Expenses $5,340.00 Actual Assessment per EDU $473.74 Maximum Allowable Assessment per EDU $413.74 Landscape Maintenance District No. 3A -City of Rancho Cucamonga Fiscal Year 2010111 P-373 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this 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 Engineers 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 Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram 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. Mark A. Steuer, Assessment Engineer Landscape Maintenance District No. 3A -City of Rancho Cucamonga Fiscal Year 2010/11 P-374 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 repair, removal or replacement of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimming, rubbish, debris and other solid waste, the maintenance, repair and replacement as necessary of all irrigation systems and the removal of graffiti from walls immediately adjacent to the cultivated areas. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include 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 assessment 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 assessment 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 assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment 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 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 suffcient 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 changes in the improvements, any zones within the assessment district, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution conf rming 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. Landscape Maintenance District No. 3A -City of Rancho Cucamonga Fiscal Year 2010!11 P-375 If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIIID and Proposition 218. The voters in the State of California in November 1996 added Article XIIID 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior tc the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIIID provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists 'rf the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Landscape Maintenance District No. 3A -City of Rancho Cucamonga Fiscal Year 2010/11 P-376 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 fhe 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 South and East of Hyssop Drive south of 6~' Street. 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 landscaping sites and appurtenant facilities throughout the District. The landscaping maintenance includes, but is not limited to, shrubs, turf, tree trimming, weed and pest control, landscape irrigation systems and testing, trash, debris and graffiti removal, 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 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 J-1 The west side of Hyssop from south of 6'" street to the south end of the cul-de-sac. Ground Cover area: 6,050 square feet. Map of Improvements The fdllowing page shdws the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Landscape Maintenance District No. 3A -City of Rancho Cucamonga Fiscal Year 2010!11 .- N H - ~ - . t0 s r ..c -}. '~ r ..-. ,F ~` ~ CS '; k ,; t M ' .~ nv e1~NV vtHVS ~- ,-- ~ ~~ ~ a ~ ~ ` } ,~ ~ i P-378 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 assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Estimated 2010/11 Bud et Personnel Services Regular Payroll $0.00 Part-time Salaries 0.00 Fringe Benefits 0.00 Subtotal Personnel 50.00 Operations and Maintenance Operations and Maintenance $206.00 Contrail Services 3,79D.00 Tree Maintenance 0.00 Utilities Water Utilities 560.00 Electric Utilities 530.00 Assessment Administration 5D.00 General Overhead 190.00 Subtotal Operations and Maintenance $5,340.00 Capital Expenditures Caoital Projects $0.00 Subtotal Capital Expenditures $D.00 Total District Expenditure Budget $5,34D.00 Operating Reserve Contribution (880.00) Ooeratina Reserve Collection 0.00 Estimated Revenue I $4,46D,00 Actual Assessment per EDU -Fiscal Year 2010/11 $413.74 Maximum Allowable Assessment per EDU -Fiscal Year 2010/11 $413.74 The maximum allowable assessment per EDU 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 EDU 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. Landscape Maintenance District No. 3A -City of Rancho Cucamonga Fiscal Year 2010/11 P-379 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $42,995.25 Operating Reserve Contribution -Fiscal Year 2010/11 (880.06) Operating Reserve Collection -Fiscal Year 2010/11 0.00 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance $41,115.25 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Reoular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all Dart time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Utilities -Water: This item includes the costs to furnish water for the landscaping within the District Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. 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 departments and staff 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 assessment district within the City's administrative structure. Capital Expenditures: Landscape Maintenance District No. 3A -City of Rancho Cucamonga Fiscal Year 2010/11 P-380 Capital Projects: 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. Operating Reserve Collection: Operating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similar events. Landscape Maintenance District No. 3A -City of Rancho Cucamonga Fiscal Year 2010/11 P-381 METHOD OF ASSESSMENT General Pursuant to the 1972 Act and Article XIIID, 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 maybe 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 CaliforniaJ." 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" (Sec. 22547). Article XIIID, 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. Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Services and Improvements 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 Landscape Maintenance District No. 3A -City of Rancho Cucamonga Fiscal Year 2010/11 P-382 • 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. 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 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 [hat 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 in 1984, Article XIIID and Proposition 218 had not yet been passed. Upon the passage of Article XIIID 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 the 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 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 E uivalent Dwellin Units Pro ert T e Coun Use Code EDU Value Multi lier Non-Residential 1.00 Parcel Landscape Maintenance District No. 3A -City of Rancho Cucamonga 10 Fiscal Year 2010/11 P-383 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 andlor 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. The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for [he District: Maximum Allowable Property Type Assessment Rate Actual Assessment Total Total (County Use Code) er EDU Rate per EDU Units/Acres EDUs Non-Residential $413.74 $413.74 9 9 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. Landscape Maintenance District No. 3A -City of Rancho Cucamonga 11 Fiscal Year 2010/11 P-384 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. Landscape Maintenance District No. 3A -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-385 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010/11 is listed on the following pages. The following tables summarizes the Fiscal Year 2010111 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable Coun Use Code per EDU Units/Acres EDUs Assessment Non-Residential $413.74 9 9 $3,723.66 Actual Property Type Assessment Rate Total Total Actual Coun Use Code er EDU Units/Acres EDUs Assessment Non-Residential ~ $473.74 9 9 $3,723.66 Landscape Maintenance District No. 3A -City of Rancho Cucamonga 13 Fiscal Year 2010/11 M w V ~~ y,~w L' L: .~ Q V J ny ua~!II!W c o ~ ~,._._.. __. _____--......_ny,fLa4~ m i C I „ i'•.., J m ~ I N t 3 i m o 0 ~I c° ~ N .~ Q J Q ~_ C U ~ d ~, >~ 4 ~ J ~r J r-sac N ~~ r ® ~ 0 0 i?i 0 I j ny ~se3 r I I ~ i :, i I j ~ ny epuenn!13; ~. ~,_ ~__-{ ii-..- . i ny epuenn!13 ~aa~~ nea 11 :........._.._.._.._..~ yl ny~alsayooa i - __. ny ~a~sayoob _ ._..~ .... i ny ua~!II!W ny uaneH 2- --. i I ny esow~aH i......... j nH Pley!4ofd !...,... e 1 ny uewllaH i I iS uegawe~ .~~____ c m `6 'o c ~' m o~ ~~ U •'~ ~ ~ .._r•Y.:'_..__~.._..~e ny anal in c m ~ in s ~ _ ~ t rn d ~ o w m ti Q ez~ ~~~ €'E `a C off= S2 P-387 Annual Engineer's Report Fiscal Year 2010/2011 City of Rancho Cucamonga Landscape Maintenance District IVo. 3B (Commercial Industrial) P-388 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 36 (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 cITY countclL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane 1Nilliams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P-389 TABLE OF CONTENTS ENGINEER'S LETTER INTRODUCTION 1 3 Reason for Assessment ................................................................................_............3 Process for Annual Assessment .................................................................................3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District ..............................'.................................5 Description of Improvements and Services ................................................................5 Map of Improvements .................................................................................................6 ESTIMATE OF COSTS ~ District Budget ............................................................................................................7 Definitions of Budget Items .........................................................................................8 METHOD OF ASSESSMENT 10 General .....................................................................................................................10 Special Benefit .........................................................................................................10 General Benefit ........................................................................................................11 Method of Assessment Spread ................................................................................11 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL 14 P-390 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. _, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Engineer's Report for Fiscal Year 2010/11 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 2010/11 Personnel Costs $638,820.00 Operations & Maintenance Costs 788,580.00 Capital Expenditures 30,000.00 Reserve Fund Contribution 1505 120.00) Estimated Costs and Expenses $1,457,400.00 Actual Assessment per EDU $352.80 Maximum Allowable Assessment per EDU $352.80 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this 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 Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: Landscape Maintenance District No. 36 -City of Rancho Cucamonga Fiscal Year 2010/11 P-391 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 Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram 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. Mark A. Steuer, City Engineer Landscape Maintenance District No. 36 -City of Rancho Cucamonga Fiscal Year 2010/11 P-392 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 repair, removal or replacement of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimming, rubbish, debris and other solid waste, the maintenance, repair and replacement as necessary of all irrigation systems and the removal of graffiti from walls immediately adjacent to the cultivated areas. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include 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 assessment 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 assessment 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 assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment 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 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 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment 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. Landscape Maintenance District No. 36 -City of Rancho Cucamonga Fiscal Year 2010/11 P-393 If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIIID and Proposition 218. The voters in the State of California in November 1996 added Article XIIID 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected properly owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIIID provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Landscape Maintenance District No. 3B -City of Rancho Cucamonga Fiscal Year 2010/11 P-394 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 South and East of Hyssop Drive south of 6v' Street. 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 landscaping sites and appurtenant facilities throughout the District. The landscaping maintenance includes, but is not limited to, shrubs, turf, tree trimming, weed and pest control, landscape irrigation systems and testing, trash, debris and graffiti removal, 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 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 J-2 The monument at the northeast corner of Haven and 4th Street. Ground Cover area: 5,715 square feet Turf area: 6,068 square feet J-3 The 6th street median from Milliken to Pittsburg. Ground Cover area: 3,300 square feet J-4 The entry monuments on the east and west side of 4th and Milliken. Ground Cover area: 19,771 square feet Turt area 9,060 square feet J-5 The Milliken median from Arrow to Jersey Ground Cover area: 10,220 square feet J-6 The Spruce median from Foothill to White Oak. Ground Cover area: 4,300 square feet J-7 The 6th Street median from Pittsburg to Richmond. Ground Cover area: 5,114 square feet J-8 The 6th Street median from Richmond to Buffalo. Ground Cover area: 2,476 square feet J-9 The Milliken railroad underpass. Landscape Maintenance District No. 3B -City of Rancho Cucamonga Prepared by NBS -Fiscal Year 2010/11 P-395 Ground Cover area: 165,633 square feet 12-12-01 added 5199 sq feet Turf area: 4,897 square feet J-10 The 6th street median from Cleveland to 1,820 feet east of Cleveland. Ground Cover area: 13,310 square feet J-11 The 6th Street median from Buffalo to Rochester. Ground cover area: 12,400 square feet J-12 The Milliken median from Arrow to Century. Ground Cover area: 13,855 square feet J-13 The Milliken median from Century to Foothill Blvd. Ground Cover area: 3,330 square feet J-14 The 6th Street median from Utica to Cleveland. J-15 The 6th Street median form Haven to Utica. Ground Cover area: 7,660 square feet. 2-9-3B Day Creek median from Church to Foothill. Ground Cover area: 8,466 square feet 2-10-36 The Day Creek medians south of Foothill including the roundabout. Ground Cover area: 6,490 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. Landscape Maintenance District No. 36 -City of Rancho Cucamonga Prepared by NBS -Fiscal Year 2010111 P-397 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 assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Estimated 2010/11 Bud et Personnel Services Regular Payroll $392,230.00 Overtime Salaries 2,630.00 Part-time Salaries 53,700.00 Fringe Benefls 190,260.00 Subtotal Personnel $638,820.00 Operations and Maintenance Operations and Maintenance $59,900.00 Operations and Maintenance/Facilities 4,500.00 Vehicle Operations and Maintenance 1,500.00 Emergency Equipment and Vehicle Rental 2,000.00 Equipment Operations and Maintenance 12,000.00 Contract Services 395,190.00 Contract Services/Facilities 101,$00.00 Tree Maintenance 21,850.00 Utilities Telephone Utilities _ 1.570.00 Water Utilities 79,190.00 Electric Utilities 34,120.00 Assessment Administration 6,150.00 General Overhead 69.110.00 Subtotal Operations and Maintenance $788,560.00 Capital Expenditures Capital Projects $30.000.00 Subtotal Capital Expenditures $30,000.00 Total District Expenditure Budget $1,457,400.00 Operating Reserve Contribution (505,120.00) Operating Reserve Collection 0.0 Estimated Revenue $952,280..00 Actual Assessment per EDU -Fiscal Year 2010/11 $352.80 Maximum Allowable Assessment per EDU -Fiscal Year 2010/11 $352.80 Landscape Maintenance District No. 36 -City of Rancho Cucamonga Prepared by NBS -Fiscal Year 2010!11 P-398 The maximum allowable assessment per EDU 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 EDU 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 tower 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance 51,427,333.66 Operating Reserve Contribution -Fiscal Year 2010111 (505,120.00) Ooeratino Reserve Collection -Fiscal Year 2010/11 0.00 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance 5922,213.66 Definitions of ~tedget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Frinoe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Utilities -Water: This item includes the costs to furnish water for the landscaping within the District. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. Assessment Administration: This item includes the cost to ali 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 Landscape Maintenance District No. 36 -City of Rancho Cucamonga Prepared by NBS -Fiscal Year 2010111 P-399 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 departments and staff 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 assessment district within the City's administrative structure. Capital Expenditures: Capital Projects: Thls 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. Operating Reserve Collection: Ooerating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similar events. Landscape Maintenance District No. 38 -City of Rancho Cucamonga Prepared by NBS -Fiscal Year 2010!11 P-400 METHOD OF ASSESSMENT General Pursuant to the 1972 Act and Article XIIID, 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 maybe 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 /of 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]." 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" (Sec. 22547). Article XIIID, 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. Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Services and Improvements 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 Landscape Maintenance District No. 38 -City of Rancho Cucamonga 10 Fiscal Year 2010/11 P-401 • 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. 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 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 derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment 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 in 1984, Article XIIID and Proposition 218 had not yet been passed. Upon the passage of Article XIIID 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 Gistrict alter 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 the 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 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 Dwellin Units Pro ert T pe Coun Use Code EDU Value Multi tier Non-Residential 1.00 Acre Landscape Maintenance District No. 36 -City of Rancho Cucamonga 11 Fiscal Year 2010/11 P-402 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. The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual (County Use Code) Assessment Rate Assessment Rate Total Total er EDU er EDU UnitslAcres EDUs Non-Residential $352.80 $352.80 2,769.22 2,769.22 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. Landscape Maintenance District No. 36 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-403 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. Landscape Maintenance District No. 36 -City of Rancho Cucamonga 13 Fiscal Year 2010/11 P-404 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010/11 is listed on the following pages. The following tables summarize the Fiscal Year 2010/11 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable Count Use Code er EDU UnitslAcres EDUs Assessment Non-Residential $352.80 2,76922 2,769.22 $976,980.70 Actual Property Type Assessment Rate Total Total Actual Count Use Code er EDU UnitslAcres EDUs Assessment Non-Residential $352.80 2,769.22 2,76922 $976,980.70 Landscape Maintenance District No. 36 -City of Rancho Cucamonga 14 Fiscal Year 2010/11 P-405 m ~ M ~~ w ~ q'+ ~ Q j p .~. ~ ~ ~ O c ~ p-..... __ ny ti~ay~ U ~ ti 4 o ~ V i .._.._.._.._~ ~ r J 0 P~ P /i I ~ / r N ON N •V r ____..__ , $ J ~ f11 _ ~ o Q~ ~ ~ i ~ m .- ~ O` L li Q .~ ,.,, _._..,___ ~._.. __ _._____.__ I ~ _.__ . ~ _.._.._. _.. ® ny lse3 cn 1 ~ v ~ i ny epuenn!13f I I .... ny epuenn!33 ~ . ~ ._._ . , . ~ ~ ~ aa~ .(e II ~ ,a ._.._.._.._.._.._.._.., ~ ~ ny Paasayoob i..._ _.__ .. .... i .- ~ ~ ~ n ~a sa o0 d l y 2! ~ ~ J . ~~_, ~ i . ~ ~. i / ( ~~ ny ua~!II!W , ~._.._.._.._.._.._- ---- `, i ~, ~ I ny ua~!II!W I .. /I ~ ny uaneH ~ ! ny uaneH ny esow~aH (~ ny esowPaH nb Pleq!yo~y nH Pley!4o~V ny uewllaH ~ ny uewllaH ~ z r d. ny p~e/au !n iS ue!lawe~ I p5pp $QQp ~p$pP$l~e Ff d ~ II~ R i{3 g ~x:&r a~3 i6 ~ ~ ny anal ~<~~~g ~ ~~'~ e ~ O 0 a Ee Y ~ i~~ 2j E1 ~ ~ O a k ~ ~ F i ggi 4 ¢ "p C m if ~~~9Pg pip ~ Pa ~g ys g~~~ £ gseS g i d o x~ '$B ~g~~ E~bg~~5E6E U pp ~E~'F P ~' ~~ E ~-- 2 o a t P-406 Annual Engineer's Report Fiscal Year 2010/2011 City of Rancho Cucamonga Landscape Maintenance District No. 5 (Tot Lot) P-407 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 5 (TOT LOT) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GISlSpecial Districts Manager Christopher Bopko, Management Analyst III P-408 TABLE OF CONTENTS ENGINEER'S LETTER ~ INTRODUCTION 3 Reason for Assessment ............................................................. ................................3 Process for Annual Assessment ................................................. ................................3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District ............................... ................................5 Description of Improvements and Services ................................ ................................5 Map of Improvements ................................................................. ................................5 ESTIMATE OF COSTS 6 District Budget ............................................................................ ................................6 Definitions of Budget Items ......................................................... ................................7 METHOD OF ASSESSMENT 9 General .......................................................................................................................9 Special Benefit ..........................................................................................................9 General Benefit ........................................................................................................10 Method of Assessment Spread ................................................................................10 ASSESSMENT DIAGRAM 72 ASSESSMENT ROLL 93 P-409 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. _, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 5 (Tot Lot} (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Engineer's Report for Fiscal Year 2010/11 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 2010111 Personnel Costs $0.00 Operations & Maintenance Costs 4,060.00 Capital Expenditures 0.00 Estimated Costs and Expenses $4,060.00 Actual Assessment per EDU $113.29 Maximum Allowable Assessment per EDU $113.29 In making the assessments contained herein pursuant to the 1972 Act: 1 have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this 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 Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: Landscape Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2010/11 P-410 a. The proportionate special benefit derived by each Specially Benefted 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 Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram 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. Mark A. Steuer, City Engineer Landscape Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2010/11 P-411 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 repair, removal or replacement of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimming, rubbish, debris and other solid waste, the maintenance, repair and replacement as necessary of all irrigation systems and the removal of graffiti from walls immediately adjacent to the cultivated areas. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include 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 assessment 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 assessment 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 assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on fle with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment 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 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 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment 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 levv of an assessment for the fiscal year referred to in the assessment. Landscape Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2010/11 P-412 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 Califomia 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated infonnation, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor ot, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIII D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority prdtest, as described above, the City will not levy and collect any assessments. Landscape Maintenance District No. 5-City of Rancho Cucamonga Fiscal Year 2010!11 P-413 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 bounded by Hermosa Avenue on the west, 26`" Avenue on the south, the parcels north of and along Bedford Drive and the parcels west of and along Andover Place. 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 landscaping sites and appurtenant facilities throughout the District. The landscaping maintenance includes, but is not limited to, shrubs, turt, tree trimming, weed and pest control, landscape irrigation systems and testing, trash, debris and graffiti removal, 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 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: Tot Lot. Site # Descriptive Location I-1-5 The tot lot on the southwest corner of Andover and Bedford. Ground Cover area: 1,506 square feet Turf area: 1,070 square feet 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. Landscape Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2010/11 P-414 1~ ~ '31'ii ! A~{I 'I BIZ{~ ~~{ ~ ~ i 7d 3aIS~ ~~~~ ~ U Q Z d _____...________.__ _I O ' l r ~ T _.-_ i 1.. `1~1 i ~ ~p v ; ® i O lf ~ ^ II W ~ I , rr V ~ •V A` J / ~ ' O ~ ~ 1 _ •~ ' ~ ~ 1 ~~ p ~ i i { a nddsow~~H ~- W Z_ 2~0 QOOMN2~3~ Y __--._..__._____.-. , { ~ {. t~ 1~~9i ii 7 1 0 :J " i i ~'~. .. __..~_~-__...-._._..-.--.-- i P-415 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 assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. ~lStflCf Estimated 2010/11 Bud et Personnel Services Regular Payroll $0.00 Part-time Salaries 0.00 Fringe Benefits 0.00 Subtotal Personnel $0.00 Operations and Maintenance Operations and Maintenance $800.00 Vehicle Operations and Maintenance 70.00 Contract Services 1,690.00 Contract Services/Facililies 0.00 Tree Maintenance 0.00 Utilities Water Utilities 420.00 Electric Utilities 480.00 Assessment Administration 240.00 General Overhead 360.00 Subtotal Operations and Maintenance $4,060.00 Capital Expenditures Capital Projects O.OG Subtotal Capital Expenditures $0.00 Total District Expenditure Budget $4;060.00 Operating Reserve Contribution 0.00 Operating Reserve Collection 1.970.00 Estimated Revenue $fi,030.00 Actual Assessment per EDU -Fiscal Year 2010/11 $113.29 Maximum Allowable Assessment per EDU -Fiscal Year 2D70/11 $113.29 The maximum allowable assessment per EDU 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 EDU 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 Landscape Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2010/11 P-416 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $72,130.59 Operating Reserve Contribution -Fiscal Year 2010/11 0.00 Operating Reserve Collection -Fiscal Year 2010!11 1.970.00 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance 574,100.59 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Utilities -Water: This item includes the costs to furnish water for the landscaping within the District. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. 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 departments and staff 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 Landscape Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2010/11 P-417 systems that provide for a functional and operational assessment district within the City's administrative structure. Capital Expenditures: Capital Projects: 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. Operating Reserve Collection: Ooeratina Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similar events. Landscape Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2010!11 P-478 METHOD OF ASSESSMENT General 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 maybe apportioned by any formula or method which fairly disfributes the net amount among alt 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 tot or parcel wilt 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 CaliforniaJ." 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" (Sec. 22547). 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. 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 Landscape Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2010/11 P-419 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. 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 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 derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment 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 in 1984, 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 the 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 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 E uivalent Dwellin Units Pro ert T e Coun Use Code EDU Value Multi tier Single Family Residential 1.00 Dwelling Unit Landscape Maintenance District No. 5 -City of Rancho Cucamonga 10 Fiscal Year 2010/11 P-420 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 wilt be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Maximum Allowable Property Type Assessment Rate Actual Assessment Total Total (County Use Code) er EDU Rate per EDU UnitslAcres EDUs Single Family Residential $113.29 $113.29 44 44 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. Landscape Maintenance District No. 5 -City of Rancho Cucamonga 11 Fiscal Year 2010/11 P-421 ASSESSMENT D/AGRAM 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. Landscape Maintenance District No. 5 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-422 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010!11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010/11 is listed on the following pages. The following tables summarize the Fiscal Year 2010!11 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable (Coun Use Code er EDU UnitslAcres EDUs Assessment Single Family Residential $113.29 44 44 $4,984.76 Actual Property Type Assessment Rate Total Total Actual Count Use Code er EDU UnitslAcres EDUs Assessment Single Family Residential $113.29 44 44 $4,984.76 Landscape Maintenance District No. 5 -City of Rancho Cucamonga 13 Fiscal Year 2010/11 '/ `IV V 'i *~ 0 ^~ W ~M+ ._ cc~ AC W Q R V C J ny ua~!II!W c N ny epuenn!;3! 8 ~aa~~ Kep _.._.._._.._.._.._y ny ~a;sayooa i----- ny uaneH ~- -- i nyesow~aH ~.-..._.. i nd PIeQ!4o~V ~ - -- i ny uewllaH i i i i iS uegawe~ ; _..... r,. B c ~~ CG 3 c6Ed ~- _ ..... __ ny wa4~ v D: d G _ J CO ~ L 3 o 0 m ~i Q N J Q C U ~ ~. h ~ J ti'r r-4zs N N ® ~ 0 0 N O ISe3 in L .._.._. _ ny epuenyl3 ny is;sayooa 1 li.__ _ -3 ~.. ..,. " i _ ._._..... Nnyua>I!II!W i a i p i I ~ B ,_... i .._ my uaneH u .ny esow~aH ~i i ' ~ i _ ........'nH PIe9!yo~b' i ' ,•'~. s /' ~ v -- _ i nH P e%au!n _,__.._ _._..._ _ ..i.r;Y ~ ... f ~ ; p [Efk ~~~~~s~g 1 Y i s ~ I ~,~ , .a ..~."Y.fo..~..® ~ ..a Ab'aAOJ~ p pt B~{ga° a [I kta @C5a 3 .~• $ $ ' .~'~ ,~ ..-..~. ~ m ~ O W ~a L*j~{'j~b ~* dd ~ m $ Q LL ° a j ~ ~3j~ ~FFi ~ 7. c g @ { g ~~k~E~6~~ ~~ w m m F #" ~ ~ E€[ a l.ggi Da°~~( A i~Fj3 P-424 Annual Engineer's Report Fiscal Year 2010/2011 City of Rancho Cucamonga Landscape ~r7aintenance ®istrict Flo. 6 (Caryn Planned Community) P-425 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 6 (CARYN PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 31730 Phone: 909.477.2700 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P-426 TABLE OF CONTENTS ENGINEER'S LETTER INTRODUCTION 1 3 Reason for Assessment .............................................................................................3 Process for Annual Assessment .................................................................................3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District ...............................................................5 Description of Improvements and Services ................................................................5 Map of Improvements .................................................................................................8 ESTIMATE OF COSTS 9 District Budget ............................................................................................................9 Definitions of Budget Items .......................................................................................10 METHOD OF ASSESSMENT 12 General .....................................................................................................................12 Special Benerd .........................................................................................................12 General Benefit ........................................................................................................13 Method of Assessment Spread ................................................................................13 ASSESSMENT DIAGRAM 15 ASSESSMENT ROLL 16 P-427 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. _, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 6 (Caryn Planned Community) (the "District"); anii WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Engineer's Report for Fiscal Year 2010/11 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 2010111 Personnel Costs $10,47D.00 Operations 8 Maintenance Costs 261,110.00 Capital Expenditures 0.00 Estimated Costs and Expenses $271,580.00 Actual Assessment per EDU $246.97 Maximum Allowable Assessment per EDU $246.97 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this 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 Engineer's Report. 2. I have evaluated [he costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: Landscape Maintenance District No. 6 -City of Rancho Cucamonga Fiscal Year 2010/11 P-428 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 benefts and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram 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. Mark A. Steuer, City Engineer Landscape Maintenance District No. 6 -City of Rancho Cucamonga Fiscal Year 2010/11 P-429 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 repair, removal or replacement of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimming, rubbish, debris and other solid waste, the maintenance, repair and replacement as necessary of all irrigation systems and the removal of graffiti from walls immediately adjacent to the cultivated areas. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include 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 assessment 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 assessment 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 assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, fhe boundaries of the assessment 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 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 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment 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. Landscape Maintenance District No. 6 -City of Rancho Cucamonga Fiscal Year 2010/11 P-430 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 [o 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIII D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Landscape Maintenance District No. 6 -City of Rancho Cucamonga Fiscal Year 2010!11 P-431 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 fhe 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 Caryn Planned Community, which is generally bounded by Milliken Avenue on the west, Banyan Street on the north, Highland Avenue on the south and Rochester Avenue 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 landscaping sites and appurtenant facilities throughout the District. The landscaping maintenance includes, but is not limited to, shrubs, turf, tree trimming, weed and pest control, landscape irrigation systems and testing, trash, debris and graffiti removal, 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 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 to Milliken. The west side of Milliken & 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-2 For information purposes: This site was deleted 7-1-00 and was combined with CC-1. CC-3 The paseo on the west side of Morning PI. from Morning PI. to Deer Creek Channel. Ground Cover area: 2,801 square feet Turf area: 124 square feet Hardscape area: 4,609 square feet Landscape Maintenance District No. 6 -City of Rancho Cucamonga Fiscal Year 2010/11 P-432 CC-4 The west side of Morning PI., from Banyan St. to Starview PI. The north side of Starview PI., from Morning PI. to Star View Ct. Ground Cover area: 14,273 square feet Turf area: 5,513 square feet Hardscape area: 5,000 square feet CC-5 Silver Sun paseo from the end of Silver Sun 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. Rainer Ct. to Kettle Peak. Ground Cover area: 14,930 square feet Turf area: 6,318 square feet Hardscape area: 12,236 square feet CC-8 The paseo from Hillview Loop to Vintage Dr. Ground Cover area: 42,107 square feet Turf 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. The west side of Kettle Peak from Hillview Loop to Donner Pass Ct. The east side of Hillview Loop from Kettle Peak to Tioga Peak. Ground Cover area: 47,334 square feet Turf area: 4,954 square feet Hardscape area: 9,086 square feet CC-10 The east side of Terrace View Loop from Vintage Dr. to Butler Peak. 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 Ct. 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. Ground Cover area: 50,325 square feet Turf area: 15,021 square feet Hardscape area: 7,675 square feet Landscape Maintenance District No. 6 -City of Rancho Cucamonga Fiscal Year 2010/11 P-433 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 CC-14 The east side of Sierra Crest View Loop from Mt. Waverly 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 Turt 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: 17,496 square feet Turt area: 15,617 square feet Hardscape area: 2,736 square feet CC-20 The east side of Terrace View Loop from Mt. San Antonio Ct. to EI Capitan Ct. The west side of Terrace View Loop from Butler Peak PI. to Mt San Antonio Ct. Ground Cover area: 20,627 square feet Turf area: 20,017 square feet Hardscape area: 7,888 square feet Landscape Maintenance District No. 6 -City of Rancho Cucamonga 7 Fiscal Year 2010111 P-434 CC-21 The west side of Rochester from Banyan 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. Rainer Ct. Ground Cover area: 11,609 square feet Turt area: 3,763 square feet Hardscape area: 6,524 square feet CC-23 The south side of Banyan from Milliken to Buller Peak PI. The west side of Butler Peak PI. from Banyan St. to Terrace View Loop. The north side of Terrace View Loop from Butler Peak PI. 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 EI Capitan Ct. to Butler Peak PI. The east side of Butler Peak PI. from Terrace View Loop to Banyan St. The south side of Banyan St. from Butler Peak PI. to 990 feet east of Butler Peak PI. Ground Cover area' 14,452 square feet Hardscape area: 1,600 square feet CC-25 This site was moved to CC-13. This mainline was part of CC-13 and should not have been its own site. CC-26 The east side of Rochester from 210 freeway to Vintage Dr. The north and south side of Vintage from to Rochester to Thunder Mountain Ct. The west side of Rochester 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 median and the westside of Milliken from 292 feet south of Vintage to 210 freeway. Ground Cover area: 13,365 square feet Hardscape area: 12,3D0 square feet CC-28 The east side of Milliken from Vintage 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 Total Ground Cover: 922,929 square feet Total Turf: 178,257 square feet Total Hardscape: 238,489 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. Landscape Maintenance District No. 6 -City of Rancho Cucamonga Fiscal Year 2010/11 <-o-- JpN2A Pl V7AI~Zq PL D Q P-436 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 assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budgef Estimated 2010!11 Bud et Personnel Services Regular Payroll $7,120.00 Part-time Salaries 0.00 Fringe Benefits 3.350.00 Subtotal Personnel $10,470.00 Operations and Maintenance Operations and Maintenance $6,000.00 VehiGe Operations and Maintenance 0.00 Contract Services 99,420.00 Contract Services/Facilities 0.00 Tree Maintenance 16,870.00 Utilities Water Utilities 100,800.00 Electric Utilities 6,260.00 Assessment Administration 7,020.00 General Overhead 24.740.00 Subtotal Operations and Maintenance $261,110.00 Capital Expenditures Capital Projects 0.00 Subtotal Capital Expenditures $0.00 Total District Expenditure Budgef $271,580.00 Operating Reserve Contribution 0.00 Operating Reserve Collection 28.110.00 Estimated Revenues $299,690.00 Actual Assessment per EDU -Fiscal Year 2010111 $246.97 Maximum Allowable Assessment per EDU -Fiscal Year 2010/11 $246.97 The maximum allowable assessment per EDU 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 EDU 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 Landscape Maintenance District No. 6 -City of Rancho Cucamonga Fiscal Year 2010111 P-437 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $10,030.67 Operating Reserve Contribution -Fiscal Year 2010/11 0.00 Operating Reserve Collection -Fiscal Year 2010/11 28 110.00 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance $38,140.67 Definitions of Budget lfems The following definitions describe the costs and expenses included in the District Budget: Personnel Services Recular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Utilities -Water: This item includes the costs to furnish water for the landscaping within the District. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. 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 departments and staff 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 Landscape Maintenance District No. 6 -City of Rancho Cucamonga 10 Fiscal Year 2010111 P-438 systems that provide for a functional and operational assessment district within the City's administrative structure. Capital Expenditures: Capital Projects: 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. Operating Reserve Collection: Operating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similar events. Landscape Maintenance District No. 6 -City of Rancho Cucamonga 11 Fiscal Year 2010111 P-439 METHOD OF ASSESSMENT General 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 maybe 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 fhe Improvement Act of 1911 (Division 7 (commencing with Section 5000) (of the Streets and Highways Code, State of California]." 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" (Sec. 22547). Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special beneft 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 Plovember 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, 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 Landscape Maintenance District No. 6 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-440 • 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 DisVict 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 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 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 conferced 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 in 1984, 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 Districf 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 the 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 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 E uivalent Dwellin unus Pro ert T e Coun Use Code EDU Value Multi lier Single Family Residential 1.00 Dwelling Unit Landscape Maintenance District No. 6 -City of Rancho Cucamonga 13 Fiscal Year 2010/11 P-441 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. The following table summarizes the Fiscal Year 2010111 maximum allowable assessment rates for the District: Maximum Allowable Property Type Assessment Rate Actual Assessment Total Total (County Use Code) er EDU Rate per EDU Units/Acres EDUs Single Family Residential $246.97 $246.97 1,276 1,276 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. Landscape Maintenance District No. 6 -City of Rancho Cucamonga 14 Fiscal Year 2010/11 P-442 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. Landscape Maintenance District No. 6 -City of Rancho Cucamonga 15 Fiscal Year 2010!11 P-443 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010111 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010/11 is listed on the following pages. The following tables summarize the Fiscal Year 2010/11 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable Coun Use Code er EDU UnitslAcres EDUs Assessment Single Family Residential $246.97 1,276 1,276 $315,133.72 Actual Property Type Assessment Rate Total Total Actual Count Use Code er EDU Units/Acres EDUs Assessment Single Family Residential $246.97 1,276 1,276 $315,133.72 Landscape Maintenance District No. 6 -City of Rancho Cucamonga 16 Fiscal Year 2010/11 w •_ y~ •~ `~ .~ V a C J ny ua~!II!W c p 0 ' I I _.___.._- I ~ '' _.I ny epueM133 ~aaa~ nea ny ~alsayooa ny uanel.{ c-- - -- 1 1 ny esow~aH i --_._.... i i ny uewllaH i i ig ue!lawe~ o~ is ~- U _.- , __ I. ... .....1_... _.ny ti~a4~ N C J m ~ ~ L 3 p O m tai Q _{ i ~ !. _. j i I i I......_. _.._ .......... _. I -------- : I I ~~.. ~ i ~ ~ ,~ ~ •~.•~•~ o `/~ c ,I' L J .. ~ ~ ~ ~ m v c (N m 7 ny ~alsayoob 9 g ny ua~!II!W -- ~ ~ ony uaneH i f --tny esow~aH i p i I I • ....F_-.__--I. .._........_.._....-.._ ~ _1 i ' '..... _. ~.---' w" ny uewllaH ~., ~ N I /t• = v __..........._._~ nH P~e6auln y.,~.o~=~_ ._r ny anal m ~ •~ - 3 L Y O m lL ~~$aya2kF p~z~'y a'g ~f c;~$F g fi=r=~g~~~ ~s.g~~Fs~ .!i•.;ss x@a ~~et xf ~~£~i=e~' ~s sag =a,3 peA°p~d~p J Q C U ~ ~ ;-• J ~~~ r-44g w m ~~ T ® N 0 0 N p N O _. inH lse3 in i __.. L.1~..~..~~-n B 11BMI e d P l3 P-445 Annual Engineer's Report Fiscal Year 2010/2011 City of Rancho Cucamonga Landscape Maintenance District No. 7 (North Etiwanda) P-446 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P-447 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment .............................................................................................3 Process for Annual Assessment .................................................................................3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District ..................................:............................5 Description of Improvements and Services ................................................................5 Map of Improvements .................................................................................................9 ESTIMATE OF COSTS 10 District Budget ..........................................................................................................10 Definitions of Budget Items .......................................................................................11 METHOD OF ASSESSMENT 13 General .....................................................................................................................13 Special Benefit .........................................................................................................13 General Benefit ........................................................................................................14 Method of Assessment Spread ................................................................................14 ASSESSMENT DIAGRAM 16 ASSESSMENT ROLL 17 P-448 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga, under the landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. _, 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 NBS to prepare and file an Engineer's Report for Fiscal Year 2010!11 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 2010111 Personnel Costs $263,830.00 Operations & Maintenance Costs 693,080.00 Capital Expenditures 0.00 Reserve Fund Contribution (141 330.001 Estimated Costs and Expenses 5956,910.00 Actual Assessment per EDU $307.05 Maximum Allowable Assessment per EDU $307.05 Landscape Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2010/11 P-449 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this 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 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 Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram 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. Mark A. Steuer, City Engineer Landscape Maintenance District No. 7-City of Rancho Cucamonga Fiscal Year 2010/11 P-450 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 repair, removal or replacement of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimming, rubbish, debris and other solid waste, the maintenance, repair and replacement as necessary of all irrigation systems and the removal of graffiti from walls immediately adjacent to the cultivated areas. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include 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 assessment 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 assessment district for the fiscal year stated therein. e Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment 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 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 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment 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. Landscape Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2010/11 P-451 If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIIID and Proposition 218. The voters in the State of California in November 1996 added Article XIIID 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice'), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIIID provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All retumed ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Landscape Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2010/11 P-452 PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public rightof-way and dedicated easements within the boundaries of the District. lion 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 on the west, and City limits on the north. 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 are the maintenance and servicing of landscaping sites and appurtenant facilities throughout the District. The various landscaping sites that are maintained consist of parkways, median islands, street trees, paseos and community trails located within 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, shrubs, turt, tree trimming in irrigated City parkways and paseos, weed and pest control, landscape irrigation systems and testing, trash, debris and graffiti removal, 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 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 from San Sevaine to Ridgeline: The Eastside of Ridgeline from Wilson to Arcadia, the south side of Arcadia from Ridgeline to 77 feet east of Ridgeline. Ground Cover area: 27,325 square feet Turf area: 19,334 square feel EN-2 The Metropolitan Water District easement on the south side of Crescents Way from San Marino to Ridgeline. Ground Cover area: 38,104 square feet Turf area: 41,250 square feet EN-3 The Wilson Median from Wardman Bullock to San Sevaine. Ground Cover area: 15,706 square feet EN-4 The Planters on the north side of the drainage easement that is between and parallel to Highland and Arapaho east of Etiwanda Ave. Ground Cover area: 63,972 square feet Landscape Maintenance District No. 7 -City of Rancho Cucamonga 5 Fiscal Year 2010/11 P-453 EN-5 The south side of Wilson from 1,115 feet west of San Sevaine to 205 feet east of San Sevaine. The Landscape east of San Sevaine from 24th to south end tract. Ground Cover area: 45,584 square feet Turt area: 3,527 square feet EN-6 The north side of Wilson from Wardman Bullock to Ridgeline. The west side of Ridgeline from Wilson to 120 feet north of Arcadia. Ground Cover area: 29,226 square feet Turf area: 15,136 square feet EN-7 The parkway on the eastside of Wardman Bullock from 24th street to 857 feet north of Glendora. The cobblestone between the tract wall and the flood wall will be handled as as extra for debris pickup and weed control on an as needed basis. Ground Cover area: 10,268 square feet EN-8 The south side of Crescenta Way from Ridgeline to Crestline. Ground Cover area: 50,305 square feet Turf area: 35,960 square feet EN-9 The paseo from Meadow Brook to Rock Creek Road. Ground Cover area: 1,400 square feet Turf area: 6,555 square feet EN-10 The paseo from Etnrvanda to North Rim Way. The west side of Etiwanda from 175 feet north of North Rim Way to 171 feet south of Golden Prarie Drive. Ground Cover area: 49,020 square feet Turf area: 4,445 square feet EN-11 The paseo south of Ridge Crest Drive to southern boundary of Tract 14139. This site is temporarily maintained by another contractor and was deleted from the contract as of 7- 16-01, however, [his site is still the city's property. Old Ground Cover area:3,548 square feet Old Turf area: 800 square feet EN-12 The cul-de-sac on the north side of Ridgecrest at Etiwanda Creek Channel. Ground Cover area: 1,870 square-feet Turt area: 700 square feet EN-13 The east side of San Sevaine from Wilson to 136 feet north of Crescenta. Ground Cover area: 46,611 square feet Turf area: 5,037 square feet EN-14 The west side of San Sevaine from 150' north of Wilson to 136' north of Crescenta. Ground Cover area: 55,166 square feet Turf area: 235 square feet EN-15 The north side of Youngs Canyon Road from 500 feet east of Koch to 692 feet west of Koch. The south side of Youngs Canyon Road Nom 349 feet east of Koch to 692 feet west of Koch. The east and west side of Koch place from Youngs Canyon Road to 132 feet north of Youngs Canyon Road. The west side of Koch from Youngs Canyon Roatl to 132 feet south of Youngs Canyon Road. The east side of Koch from 82 feet south of Youngs Canyon Road to Youngs Canyon Road. The trailhead north east of the east end Landscape Maintenance District No. 7 -City of Rancho Cucamonga 6 Fiscal Year 2010/11 P-454 of Youngs Canyon Road to the south end of San Sevaine Horse Trail. The south end of San Sevaine Horse from the trail head to 254 feet north of trailhead. Ground Cover area: 42,925 square feet EN-16 The east side of Wardman Bullock from 225 feet south of San Segundo Drive to 80 feet north of Dona Way. Ground Cover area: 2,056 square feet EN-17 The north side of Colonbero from San Sevaine Channel to Guiders Drive. The south side of Colonbero from San Sevaine Channel to 400 feet north of Guidera Drive. The north side of Aggazzotti from Colonbero to 475 feet east of Colonbero. This site has a pump which will be adjusted and maintained by city personnel. Ground Cover area: 43,241 square feet EN-18 The north side of Aggazzotti Road from San Antonio Drive to San Sevaine Road. The west side of San Sevaine road from Aggazzotti to 702 feet south of Aggazzotti. The East side of San Sevaine Road from 702 feet south of Aggazzotti to Regina. Ground Cover area: 47,823 square feet EN-19 The south side of Wilson from Etiwanda to Estates Way. Ground Cover area: 45,727 square feet EN-20 The south side or Wilson from Estates Way to Hanley. Ground Cover area: 14,207 square feet EN-21 The north side of Wilson from Etiwanda to Cervantes. The Wilson median from Etiwanda To Cervantes. The Westside of Etiwanda From Wilson To Del Norte Place. Ground Cover area: 88,795 square feet EN-22 The north and south side of Vintage from 165 feet east of Country View to 338 feet west of Country View. Ground Cover area: 13,603 square feet EN-23 The north side of Wilson and median from Etiwanda west to Etiwanda. The eastside of Etiwanda from Wilson to 1150 feet north of Wilson. Ground Cover area: 32,027 square feet EN-24 The north side of Vintage from 360 feet west of Ascot to 230 feet east of Countrywood. Ground Cover area: 34,707 square feet EN-25 The eastside of Bluegrass from Banyan to 610 feet north of Banyan. Ground Cover area: 4,054 square feet EN-26 The south side of Banyan from Bluegrass to Greenwood. Ground Cover area: 6,240 square feet EN-27 The south side of Banyan from Laurel Blossom to Etiwanda. Ground Cover area: 1,703 square feet EN-28 The north side of Wilson from Cervantes to 1715 feet west of Cervantes. The west side of Cervantes from Carmel Knolls Drive to Wilson. The paseo from Wilson to Tejas Ct. The median on Wilson from Cervantes to Bluegrass. The following temporary landscape: There is 1 planter on the west side of Altura at Tejas. There are five planters on the south side of Tejas from Altura to 195 feet east of Altura. Ground Cover area: 25,048 square feet Landscape Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2010/11 P-455 EN-30 The east side of Bluegrass Ave from 257 feet south of Churchill Drive to 418 feet north of Churchill Drive. Ground Cover area: 9,303 square feet EN-29 The south side of Banyan from 787 feet west of East Av. to East Av...The west side of East Avenue from Banyan to 600 feet south of Blue Gum. The east side of East Ave. from Banyan to 537 feet south of Banyan. Ground cover area: 16,111 square feet Hardscape area: 15,774 square feet EN-31 The south side of Banyan Ave. from 375 feet south of Cashew Way to Rose Way. The north side of Banyan Ave. from 435 feet west of Peak PI. 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 PI. to 1,170 feet east of Grovewood PI. Ground cover area: 6,900 square feet EN-33 The north side of Youngs Canyon Rd. from 600 feet east of Banyan Ave. to Banyan Ave. The east side of Wardman Bullock Rd. from Banyan Ave. to Wilson Ave. The south side of Wilson Ave. from Wardman Bullock Rd. to 635 feet east of Fields PI. 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 Ave. Parkview Way from Wardman Bullock Rd. to Soledad Way. Ground cover area: 56,314 square feet Hardscape area: 28,428 square feet EN-35 The north side of Day Creek Blvd. from Etiwanda Ave. to Indian Wells Place. Ground cover area: 160,737 square feet Hardscape area: 128,254 square feet EN-36 The south side of Day Creek from 380 feet north of Coyote to Etiwanda. The west side of Etiwanda from Day Creek to 170 feet north of North Rim. The hydro seeded landscape area inside the catch basin on the corner of Day Creek and Etiwanda. The west side of Day Creek from 380 feet north of Coyote to Indian Wells. Ground cover area: 118,699 square feet Hardscape area: 68,127 square feet EN-37 The east side of East Av. from 235 feet south of Hunt Club Dr. to 375 feet north of Hunt Club Dr. Ground cover area: 5,559 square feet Hardscape: 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 Ground cover, shrubs and turf areas that makeup 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. Landscape Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2010!11 P-456 Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Landscape Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2010/11 P-457 P-458 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifcations are summarized below. Each year, as part of the assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. ~IStY%Ct Estimated 2010/11 Bud et Personnel Services Re ular Salaries $171,640.00 Part-time Salaries 10 360.00 Frin a Benefits 81 810.00 Subtotal Personnel $263,830.00 O rations and Maintenance O erations and Maintenance $46,660.00 O erations and Maintenance Facilities 1,000.00 Vehicle O erations and Maintenance 2,500.00 Contract Services 299,860.00 Tree Maintenance 6 950.00 Utilities Water Utilities 234,450.00 Electric Utilities 26 790.00 Tele hone 1,530.00 Assessment Administration 15,080.00 General Overhe d 58 260.00 Subtotal O erations and Maintenance $693,080.00 Ca ital Ex enditures Ca ital Pto'ects 0.00 Subtotal Ca ital Ex enditures 50.00 Total District Ex nditure Bud et $956,910.00 O eratin Reserve Contribution 141.890.00 O eratin Reserve Collection 0.00 Estimated Revenue $815,020.00 Actual Assessment er EDU -Fiscal Year 2070/11 $307.05 Maximum Allowable Assessment er EDU -Fiscal Year 2010!11 $307.05 The maximum allowable assessment per EDU 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 EDU 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. Landscape Maintenance District No. 7 -City of Rancho Cucamonga 10 Fiscal Year 2010/11 P-459 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $804,128.02 Operating Reserve Contribution -Fiscal Year 2010/11 (141,890.00) Operating Reserve Collection -Fiscal Year 2010/11 0.00 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance $662,238.02 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Utilities -Water: This item includes the costs to furnish water for the landscaping within the District. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. 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 departments and staff 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 Landscape Maintenance District No. 7 -City of Rancho Cucamonga 11 Fiscal Year 2010/11 P-460 systems that provide for a functional and operational assessment district within the City's administrative structure. Capital Expenditures: Capital Projects: 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. Operating Reserve Collection: Operating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similar events. Landscape Maintenance District No. 7 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-461 METHOD OF ASSESSMENT General Pursuant to the 1972 Act and Article XIIID, 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 maybe apportioned by any formula or method which fairly distributes the net amount among all assessable tots 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 o/ 1911 (Division 7 (commencing with Section 5000) (of the Streets and Highways Code, State of CalifomiaJ." 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" (Sec. 22547). Article XIIID, 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. Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Services and Improvements 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 Landscape Maintenance District No. 7 -City of Rancho Cucamonga 13 Fiscal Year 2010111 P-462 • 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. 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 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 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 in 1989, Article XIIID and Proposition 218 had not yet been passed. Upon the passage of Article XIIID 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 the 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 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. Vacant parcels are assigned an EDU value of 0.25 per acre because they receive a lesser benefit from the improvements until such time as development occurs. 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. Landscape Maintenance District No. 7 -City of Rancho Cucamonga 14 Fiscal Year 2010111 P-463 Land-Use E uivalent Dwellin Units Pro ert T e Coun Use Code EDU Value Multi tier Single Family Residential 1.00 Dwelling Unit 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 bean 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. The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Maximum Allowable Property Type (County Assessment Rate Actual Assessment Total Total Use Code) er EDU Rate per EDU UnitslAcres EDUs Single Family Residential $307.05 $307.05 2,741 2,741 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. Landscape Maintenance District No. 7 -City of Rancho Cucamonga 15 Fiscal Year 2010/11 P-464 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. Landscape Maintenance District No. 7 -City of Rancho Cucamonga 16 Fiscal Year 2010111 P-465 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010!11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010/11 is listed on the following pages. The following tables summarize the Fiscal Year 2010111 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type (County Assessment Rate Total Total Allowable Use Code per EDU UnitslAcres EDUs Assessment Single Family Residential $307.05 2,741 2,741 $841,624.05 Actual Property Type (County Assessment Rate Total Total Actual Use Code er EDU UnitslAcres EDUs Assessment Single Family Residential $307.05 2,741 2,741 $641,624.05 Landscape Maintenance District No. 7 -City of Rancho Cucamonga 17 Fiscal Year 2010/11 ~.. V .~ w .y O ^~ W Y.~ .~ R V a c J ny ua~!II!W _. ny l~ay~ N C _ J m ~ r 3 o 0 m i ` t ¢ ny~alsayooa ~..__._._~~--- . _. I ]S uepawe~ i :.. .. ' 'I ~.._..: i_ .y .. yam.. ~... ..~..~ •I• /•• ~ N ~ N m T n_ c N m • ~o ~~ C; ag) i ..._. __ _ .i -1 ~..i• i ~O o: ~ ~' C L J rn y R 07 .~ J Q ?+' = U ~ ~ ~. \ i J ti•r r-4oa ~~ 0 0 N O -------I ------- i ny ise3 in s I I ~ ~ I ~ ny epuew33 s I , a ny ~alsayaoa ~ ~.. ~ e i _- i ny ua~!II!W ~ I - •• ~- „' ny anal m ~ ~ _ L O o0 O Q LL fA~ ay{ FYgE ~~~ e e F$! €a i ~~€ ~¢i 8 ~~ P-467 Annual Engineer's Report Fiscal Year 2010/2011 City of Rancho Cucamonga Landscape Maintenance ®istrict No. 8 (South Etiwanda) P-468 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Counci! Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P-469 TABLE OF CONTENTS ENGINEER'S LETTER INTRODUCTION 1 3 Reason for Assessment .............................................................................................3 Process for Annual Assessment .................................................................................3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District ...............................................................5 Description of Improvements and Services ................................................................5 Map of Improvements .................................................................................................6 ESTIMATE OF COSTS 7 District Budget ............................................................................................................7 Definitions of Budget Items .........................................................................................8 METHOD OF ASSESSMENT 10 General .....................................................................................................................10 Special Benefit .........................................................................................................10 General Benefit ........................................................................................................11 Method of Assessment Spread ................................................................................11 ASSESSMENT D/AGRAM 13 ASSESSMENT ROLL 14 P-470 ENGINEER'S LETTER WHEREAS, on ,the City Council, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. _, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 8 (South Etiwanda); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Engineer s Report for Fiscal Year 2010/11 pursuant to the requirements of the 1972 Act. The 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 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 receivetl. The following table summarizes the proposed assessment. SUMMARY OF ASSESSMENT Fiscal Year 2010/11 Personnel Costs $0.00 Operations & Maintenance Costs 21,380.00 Capital Expenditures 0.00 Estimated Costs and Expenses $27,380.00 Actual Assessment per EDU $151.45 Maximum Allowable Assessment per EDU $151.45 Landscape Maintenance District No. 8 -City of Rancho Cucamonga Fiscal Year 2010/11 P-471 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this 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 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 beneft 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 Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report; Assessments, and the Assessment Diagram herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the 1972 Act, Article XIII D of the Constitution of the State of California ("Article XIII D") and the Proposition 218 Omnibus Implementation Act ("Proposition 218"), (the 1972 Act, Article XIII D and Proposition 218 are collectively referred to as the "Assessment Law"). Mark A Steuer, City Engineer Landscape Maintenance District Mo. 8 -City of Rancho Cucamonga Fiscal Year 2010/11 P-472 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 repair, removal or replacement of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimming, rubbish, debris and other solid waste, the maintenance, repair and replacement as necessary of all irrigation systems and the removal of graffiti from walls immediately adjacent to the cultivated areas. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include 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 Engineers Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the assessment 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 assessment 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 assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements the boundaries of the assessment 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 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 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment district, and the proposed diagram or the proposed assessment. Landscape Maintenance District No. 8 -City of Rancho Cucamonga Fiscal Year 2010/11 P-473 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a No[ice of Public Hearing ("Notice'), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIII D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Landscape Maintenance District No. 8 -City of Rancho Cucamonga Fiscal Year 2010/11 P-474 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 Drive, east of East Avenue, including the south side of Highstone Manor Court, the south side of Smokestone Street, and to the San Bernardino County Flood Control drainage basin on east side. 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 lmprovemenfs and Services The improvements are the maintenance and servicing of landscaping sites and appurtenant facilities throughout the District. The various landscaping sites that are maintained consist of parkways, median islands, street trees, paseos and community trails located within 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, shrubs, turf, tree trimming in irrigated City parkways and paseos, weed and pest control, landscape irrigation systems and testing, trash, debris and graffiti removal, 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 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 # Descriotive 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 PI. 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 PI. 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 Total Ground Cover: 23,397 square feet Total Turt: 6,258 square feet Total Hardscape: 15,034 square feet Landscape Maintenance District No. 8 -City of Rancho Cucamonga Prepared by NBS -Fiscal Year 2010/11 P-475 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. Landscape Maintenance District No. 8 -City of Rancho Cucamonga Prepared by NBS -Fiscal Year 2010/11 P-477 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 assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Estimated 2010111 Budget Personnel Services Regular Salaries $0.00 Part-time Salaries 0.00 Fringe Benefits 0.00 Subtotal Personnel $0.00 Operations and Maintenance Operations and Maintenance $0.00 Emergency Equipment and Vehicle Rental 0.00 Contrail Services 8,350.00 Tree Maintenance 4,300.00 Utilities Water Utilities 4,410.00 Electric Utilities 1,310.00 Assessment Administration 1,040.00 General Overhead 1,970.00 Subtotal Operations and Maintenance $21,380.00 Capital Expenditures Caoital Projects 0.00 Subtotal Capital Expenditures $0.00 Total District Expenditure Budget $21,360.00 Operating Reserve Contribution 0.00 Ooerating Reserve Collection 6.130.00 Estimated Revenues $27,510.00 Actual Assessment per EDU -Fiscal Year 2010N1 $151.45 Maximum Allowable Assessment per EDU -Fiscal Year 2010/11 $151.45 The maximum allowable assessment per EDU listed in the District budget above, is the amount which was approved in 1989/90, 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 EDU 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 Landscape Maintenance District No. 8 -City of Rancho Cucamonga Prepared by NBS -Fiscal Year 2010/11 P-478 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 21 B. 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $21,928.69 Operating Reserve Contribution -Fiscal Year 2010/11 0.00 Operating Reserve Collection -Fiscal Year 2010/11 6.13D.00 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance 526,058.69 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Operations and Maintenance Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees arid other trees throughout the District. Utilities -Water: This item includes the costs to furnish water for the landscaping within the District. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. 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 departments and staff 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 assessment district within the City's administrative structure. Capital Expenditures: Capital Projects: 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. Landscape Maintenance District No. 8 -City of Rancho Cucamonga Prepared by NBS -Fiscal Year 2010/11 P-479 Operating Reserve Collection: Ooerating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similar events. Landscape Maintenance District No. 8 -City of Rancho Cucamonga Prepared by NBS -Fiscal Year 2010/11 P-480 METHOD OF ASSESSMENT General 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 fo be assessed upon lands within an assessment district maybe apportioned by any formula or method which fairty distributes the net amount among alt assessable lots or parcels in proportion to the estimated bene>tt 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]." 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" (Sec. 22547). 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 21 S, approved by 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 Services and Improvements Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct beneft 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 withiri the District, and Landscape Maintenance District No. 8 -City of Rancho Cucamonga 10 Prepared by NBS -Fiscal Year 2010!11 P-481 • 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. 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 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 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. 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 E uivalent Dweilin Units Pro e T e Coun Use Code EDU Value Multi tier Single Family Residential 1.00 Dwelling Unit 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. Landscape Maintenance District No. 6 -City of Rancho Cucamonga 11 Prepared by NBS -Fiscal Year 2010/11 P-482 The following table summarizes the Fiscal Year 2010!11 maximum allowable assessment rates for the District: Maximum Allowable Property Type (County Assessment Rate Actual Assessment Total Total Use Code) er EDU Rate per EDU UnitslAcres EDUs Single Family Residential $151.45 $151.45 189 189 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. Landscape Maintenance District No. 8 -City of Rancho Cucamonga 12 Prepared by NBS -Fiscal Year 2010111 P-483 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. Landscape Maintenance District No. 8 -City of Rancho Cucamonga 13 Prepared by NBS -Fiscal Year 2010/11 P-484 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010/11 is listed on the following pages. The following tables summarize the Fiscal Year 2010!11 maximum and actual assessments for the District Maximum Allowable Maximum Property Type (County Assessment Rate Total Total Allowable Use Code er EDU UnitslAcres EDUs Assessment Single Family Residential $151.45 189 189 $28,624.05 Actual Property Type (County Assessment Rate Total Total Actual Use Code er EDU UnitslAcres EDUs Assessment Single Family Residential $151.45 189 189 $28,624.05 Landscape Maintenance District No. 6 -City of Rancho Cucamonga 14 Prepared by NBS -Fiscal Year 2010/11 W `FJ V n- ~1 n~ ^C W ~i.r ._ a" C J N ~-, ____ I I I _.-. -- i ---'I _---- --- ny epuemg3 I B~aa~~~e4~-----__--- -- _.._.._.~..___.._.y ny ~a;sayaob i __ ............. - ~I ny lway~ r-4aa N d N ® N c 0 N O ny ua~!il!W ny uaneH ny esow~aH n`d Pley!4a~t/ ny uewllaH 3S ue!lawe~ 03 ~~ U N C _ J m ~ ~ $ 3 m g o Q N J O ~ U ~ ~ '-~ t ~ ti,r ny;sv3 ~ r v ~ _ ny epuen~B3 i ny ~alsayooa B ,., 6 } ..__ ............ .. ..7 ~ e ny ua~!II!W ___ i _- - Bny uaneH i _ _ _. _._......{ __..-.....j ny esow~aH 0 j jnH Pley!4o~`d I - ------....----~-r.'NnyuewllaH t..~ _ / L ~ -- . - i ny p e~(au!n ,.- ...- - ~ ' 7._ i I 1 ~y a6 F~Y l~p y~ E t4t ,.~ ` -o '~ .. ~ j _:-•'t.t_..__~__.. r f pp $ egai ~{ SSi ` ~ ` ~ ; ~ ~ o ny anal ~ r ,Fg ~F pp 3 E ~ ..~. ~I' .~~ ._. t ~ J y ~ O 0 ~ ~$~``EF YH HE [bCy aa~, 1FF Y ~ ~ ~ o Q 2 `5 .e~~Bp4E 0: c m LL e~g~EBE ~~ 4 ~s[~~ F~ ?~ v N c c g ~ ~` S m g ~~{€t~~s 6 B~V ~~•n pEceF P-486 Annual Engineer's Report Fiscal Year 2010/2011 City of Rancho Cucamonga Landscape Maintenance District No. 9 (Lower Etiwanda) P-487 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GISlSpecial Districts Manager Christopher Bopko, Management Analyst III P-488 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment ............................................................................................. 3 Process for Annual Assessment ................................................................................ 3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District .............................................................. 5 Description of Improvements and Services ............................................................... 5 Map of Improvements ................................................................................................ 7 ESTIMATE OF COSTS 8 District Budget ........................................................................................................... 8 Definitions of Budget Items ........................................................................................ 9 METHOD OF ASSESSMENT 11 General .................................................................................................................... 11 Special Benefit ......................................................................................................... 11 General Benefit ........................................................................................................ 12 Method of Assessment Spread ................................................................................ 12 Maximum and Historical Assessments .................................................................... 13 ASSESSMENT DIAGRAM 15 ASSESSMENT ROLL 16 P-489 ENGINEER'S LETTER WHEREAS, on , the City Council of the City of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. _, 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 NBS to prepare and file an Engineer's Report for Fiscal Year 2010/11 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 2010/11 Personnel Costs $221,400.00 Operations & Maintenance Costs 181,830.00 Capital Expenditures 50,000.00 Estimated Costs and Expenses $453,230.00 Actual Assessment per EDU $387.94 Maximum Allowable Assessment per EDU $501.55 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this 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 Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: Landscape Maintenance District No. 9 -City of Rancho Cucamonga Fiscal Year 2010/11 P-490 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 Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the 1972 Act, Article XIII D of the Constitution of the State of California ("Article XIII D") and the Proposition 21 B Omnibus Implementation Act ("Proposition 218"), (the 1972 Act, Article XIII D and Proposition 218 are collectively referred to as the "Assessment Law"). Steuer, City Engineer Landscape Maintenance District No. 9 -City of Rancho Cucamonga Fiscal Year 2010/11 P-491 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 repair, removal or replacement of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimming, rubbish, debris and other solid waste, the maintenance, repair and replacement as necessary of all irrigation systems and the removal of graffiti from walls immediately adjacent to the cultivated areas. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include 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 assessment 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 assessment 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 assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment 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 clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the 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 public hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment 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. Landscape Maintenance District No. 9 -City of Rancho Cucamonga Fiscal Year 2010/11 P-492 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 far, or opposition to the proposed assessment or increase in such assessment. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIII D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Landscape Maintenance District No. 9 -City of Rancho Cucamonga Fiscal Year 2010/11 P-493 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 Districf 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 south of Victoria Street, north of Foothill Boulevard, generally east of Etiwanda Avenue and the I-15 freeway and west of East Avenue. 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 are the maintenance and servicing of landscaping sites and appurtenant facilities throughout the District. The various landscaping sites that are maintained consist of parkways, median islands, street trees, paseos and community trails located within 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, shrubs, turf, tree trimming in irrigated City parkways and paseos, weed and pest control, landscape irrigation systems and testing, trash, debris and graffiti removal, 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 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 Chateao to 290 feet south of Chateau Ground Cover area: 4,426 square feet Hardscape area: 7,360 square feet 9-2 The west side of East Ave . from 339 feet north of Brookfield to 157 feet north of Brookfeld. Brookfield from East Ave. to Oak Crest. The east side of Oak Crest to 137 feet north of Brookfield. 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 to 256 feet south of Highfield. Ground Cover area: 8,769 square feet Hardscape area: 10,669 square feet 9<l The west side of East Ave . From 295 feet north of Via Veneto To Via Veneto. The north side of Via Veneto From East Ave to Dolcetto. The east side of Dolcetto from Via Veneto to Miller Ave. The south s ide of Miller Ave from 372 feet west of Dolcetto to 240 feet east Landscape. Maintenance District No. 9 -City of Rancho Cucamonga 5 Fiscal Year 2010111 P-494 of Dolcetto. The west side of Dolcetto from Miller to Garcia. The north side of Garcia from Dolcetto to Etiwanda Ave. Ground Cover area: 48,612 square feet Hardscape area: 28,746 square feet 9-5 The north side of Miller from 4 29 feet west of Dolcetto to 1029 feet west of Dolcetto Ground Cover area: 6,519 squarefeet Hardscape area: 3,325 square feet 9-6 The north side of Miller From 254 feet east of Dolcetto to 167 feet west of Dolcetto. Ground Cover area: 4,089 square feet Hardscape area: 2,854 square feet 9-7 The south side of Lima, from 167 feet west of Brisas, to Green Glen. Ground Cover area: 2,580 square feet Hardscape area: 0 square feet 9-6 The south side of Basel ine from Etiwanda Av. to Shelby. The Baseline median from Etiwanda to 473 feet east of Shelby. Ground cover area: 16,395 square feet Hardscape area: 10,275 square feet 9-9 The north side of Candlewood St from Exbury St to Etiwanda Avenue. Ground Cover area: 3,362 squarefeet Hardscape area: 786 square feet 9-10 The north side of Baseline from 522 feet east of Forester to 180 feet west of Forester. The Baseline median from 503 feet east of Forester to 200 feet west of Forester. Ground cover area: 16,930 squarefeet 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 PI. Ground cover area: 9,420 squarefeet Hardscape area: 742 square feet 9-12 The north and south sides of Highland Av. from 217 feet west of Norcia Dr. to 210 feet east of Dicarlo PI. Ground cover area: 12,471- square feet Hardscape area: 14,445 squarefeet 9-13 The south side of Carnesi Dr. from Etiwanda Av. to 395 feet east of Marietta Ct. Ground cover area: 8,919 square fee[ Hardscape area: 6,203 square feet FH-17 The Foothill Blvd. median from Etiwanda Av. to Cornwell Av. 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 Landscape Maintenance District No. 9 -City of Rancho Cucamonga Fiscal Year 2010/11 P-495 Map oflmprovements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Landscape Maintenance District No. 9 -City of Rancho Cucamonga Fiscal Year 2010/11 Landscape Maintenance District 1Va. 9 Improvement Map 1 vnkua~w, r PAkK. \ , VIGT:OkV+ AHEORS ~ AAR~ - CHURCH ;TORIA GARDENS I ~'t~~F ,---T-= %j I~- VICTORIA R_~ ~ ~ r ~. .~~ ,_ I FH17 I FH-17 IS tN LMD 9, BUT MAINTAINED BY MARIPOSA use a is o use c,e~ P-497 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 assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Estimated 2010111 Bud et Personnel Services Re ular Salaries $144,680.00 Part-time Salaries 7,860.00 Frin a Benefits 68 860.00 Subtotal Personnel $221,400.00 Operations and Maintenance O erations and Maintenance $14,350.00 Emer enc E ui ment and Vehicle Rental 200.00 Contract Services 66,890.00 Tree Maintenance 6,600.00 Utilities Water Utilities 24 700.00 Electric Utilities 5,530.00 Assessment Administration 8,750.00 General Overhead 54 810.00 Subtotal O rations and Maintenance $181,830.00 Capital Ex enditures Ca ifal Pro'ects 50 000.00 Subtotal Ca ital Ex enditures $50,000.00 Total District Ex enditure Bud et $453,230.00 O eratin Reserve Contribution O.OD O ratin Reserve Collection 322 110.00 Estimated Revenue $775,340.00 i Actual Assessment r EDU -Fiscal Year 2010/11 $387.94 Maximum Allowable Assessment per EDU -Fiscal Year 2010N 1 $496.55 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 fscal year. The actual assessment per EDU 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. Landscape Maintenance District No. 9 -City of Rancho Cucamonga Fiscal Year 2010/11 P-498 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $2,397,115.56 Operating Reserve Contribution -Fiscal Year 2010/11 0.00 Ooerating Reserve Collection -Fiscal Year 2010/11 322.110.00 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance $2,719,225.56 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part Time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Utilities -Water: This item includes the costs to furnish water for the landscaping within the District. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. 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 departments and staff 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 assessment district within the City's administrative structure. Landscape Maintenance District No. 9 -City of Rancho Cucamonga Fiscal Year 2010!11 P-499 Capital Expenditures Capital Projects: 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. Operating Reserve Collection: Ooerating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similar events. Landscape Maintenance District No. 9 -City of Rancho Cucamonga 10 Fiscal Year 2010/11 P-500 METHOD OF ASSESSMENT General 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 maybe 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]. " 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' (Sec. 22547). 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 21 S, approved by the voters in November 1996, requires the City to separate general beneft from special benefit, where only special benefit is assessed. Benefit The maintenance and servicing of the improvements within the District (which are described in the Descdption 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 benefitto 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 Landscape Maintenance District No. 9 -City of Rancho Cucamonga 11 Fiscal Year 2010/11 P-501 • 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 specifcally 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 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 derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment 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. 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 Pro e T e Coun Use Code EDU Value Multi Tier Single Family Residential 1.00 Dwelling Unit Multi-Family Residential 1.00 Dwelling Unit Non-Residential Improved 2.00 Acre Vacant Property 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 EDU assignment shall be based on the Landscape Maintenance District No. 9 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-502 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. The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate er EDU Actual Assessment Rate er EDU Total Units/Acres Total EDUs Single Family Residential $496.55 $387.94 1,573.00 1,573.00 Multi-Family Residential 496.55 387.94 420.00 420.00 Non-Residentiallmproved 496.55 387.94 26.47 ( 52.94 Vacant Property 496.55 387.94 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. Maximum and Historical Assessments The maximum allowable assessment per EDU listed in the District budget above, is the amount which was approved in 2000!01, when the District was formed, and subsequent District annexations. Commencing in Fiscal Year 2001/02, the amount of the maximum allowable assessment is proposed to increase each year based upon the Consumer Price Index ("CPI"), All Urban Consumers, for the Los Angeles-Anaheim-San Bernardino Area, as determined by the United States Department of Labor, Bureau of Labor Statistics or its successor. Each year the percentage difference between the CPI for March of each year and the CPI for the previous March shall be computed. The assessment shall be adjusted by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue preparation of such index, the revised index or a comparable system as approved by the City Council shall be used for determining fluctuations in the cost of living. Historical maximum assessment amounts and actual assessment amounts are shown in the table below: Fiscal Year Maximum Assessment oer EDU Actual Assessment er EDU 2000/01 $375 .91 $375. 91 20D1/02 388 .02 375. 91 2002/03 398 .81 375. 91 2003/04 414.44 375. 91 2004/05 421 .71 375. 91 2005/06 438 .67 375. 91 2006!07 459 .15 375. 91 2007!08 476 .76 387. 94 2008/09 492 .41 387. 94 2009!10 487 .50 387. 94 2010!11 496 .55 387. 94 Landscape Maintenance District No. 9 -City of Rancho Cucamonga 13 Fiscal Year 2010/11 P-503 Landscape Maintenance District No. 9 -City of Rancho Cucamonga 14 Fiscal Year 2010/11 P-504 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. Landscape Maintenance District No. 9 -City of Rancho Cucamonga 15 Fiscal Year 2010/11 P-505 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010/11 is listed on the following pages. The following tables summarize the Fiscal Year 2010111 maximum and actual assessments for the District: Property Type (County Use Code Maximum Allowable Assessment Rate er EDU Total Units/Acres Total EDUs Maximum Allowable Assessment Single Family Residential $501.55 1,573.00 1,573.00 $788,936.15 Multi-Family Residential 501.55 420.00 420.00 210,651.00 Non-Residentiallmproved 501.55 26.47 52.94 26,552.05 Vacant Property 501.55 0.00 0.00 0.00 Property Type (County Use Code Actual Assessment Rate er EDU Total UnitslAcres Total EDUs Actual Assessment Single Family Residential $387.94 1,573.00 1,573.00 $596,072.62 Multi-Family Residential 387.94 420.00 420.00 159,154.80 Non-Residentiallmproved 387.94 26.47 52.94 20,061.08 Vacant Property 387.94 0.00 0.00 0.00 Landscape Maintenance District No. 9 -City of Rancho Cucamonga 16 Fiscal Year 2010111 `~/ ~ V 'i w C ^C W w .~ ny uaFipl!W C O N N .~ J Q ~ C U d a N d N ® '~ O __ ny E(Jaa4~ Ca h v J ti'r o ~ ~ ~ N C _ J m ~ O N s 3 ~ S 0 m Ei Q ® -..e _.._.._ i ny 3Se3 in _ --- -! 1 ~ n e uenv i -- i.' ~ __{\ _._.. _;..I®..®s..~ ny epuenn~ b P 33 _. ~ IIIi. ° .l3 i _... 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Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams. Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P-509 TABLE OF CONTENTS ENGINEER'S LETTER INTRODUCTION 1 3 Reason for Assessment ............................................................................................. 3 Process for Annual Assessment ................................................................................ 3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District .............................................................. 5 Description of Improvements and Services ............................................................... 5 Map of Improvements ................................................................................................ 6 ESTIMATE OF COSTS 7 District Budget ........................................................................................................... 7 Definitions of Budget Items ........................................................................................ 8 METHOD OF ASSESSMENT 10 General .................................................................................... ................................ 10 Special Benefit ......................................................................... ................................ 10 General Benefit ........................................................................ ................................ 11 Method of Assessment Spread ................................................ ................................ 11 Maximum and Historical Assessments .................................... ................................ 12 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL 14 P-510 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. _, 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 NBS to prepare and file an Engineer's Report for Fiscal Year 2010/11 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 2010N 1 Personnel Costs $265,500.00 Operations & Maintenance Costs 322,600.00 Capital Expenditures 30,000.00 Reserve Fund Contribution {204.330.001 Estimated Costs and Expenses $616,100.00 Actual Assessment per EDU $616.20 Maximum Allowable Assessment per EDU $771.79 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special beneft conferred upon them from the improvements described in the Special Benefit Section of this 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 Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: Landscape Maintenance District No. 10-City of Rancho Cucamonga Fiscal Year 2010/11 P-577 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 Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram herein have been prepared and computed in accordance with the order of [he City Council of the City of Rancho Cucamonga and the 1972 Act, Article XIII D of the Constitution of the State of California ("Article XIII D") and the Proposition 218 Omnibus Implementation Act ("Proposition 218"), (the 1972 Act, Article XIII D and Proposition 218 are collectively referred to as the "Assessment Law"). Mark Steuer, City Engineer Landscape Maintenance District No. 10 -City of Rancho Cucamonga Fiscal Year 2010/11 P-512 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary ta: 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 repair, removal or replacement of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimming, rubbish, debris and other solid waste, the maintenance, repair and replacement as necessary of all irrigation systems and the removal of graffiti from walls immediately adjacent to the cultivated areas. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include vehicle, equipment, capital improvements and administrative casts 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 assessment 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 assessment 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 assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment 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 clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the hearing, fle a written protest which shall state ali 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 public hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment district, and the proposed diagram or the proposed assessment. Landscape Maintenance District No. 10 -City of Rancho Cucamonga Fiscal Year 2010111 P-513 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the assessment district a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the district and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIII D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Landscape Maintenance District No. 10 -City of Rancho Cucamonga Fiscal Year 2010/11 P-514 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. fioh 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 Highway 210, east of Day Creek Channel, and west of Hanley Avenue. 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 are the maintenance and servicing of landscaping sites and appurtenant facilities throughout the District. The various landscaping sites that are maintained consist of parkways, median islands, street trees, paseos and community trails located within 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, shrubs, turt, tree trimming in ircigated City parkways and paseos, weed and pest control, landscape irrigation systems and testing, trash, debris and graffiti removal, 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 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 1D-1 The- west side of Day Creek from 790 feet north of Richfield to Wilson. The north side of Wilson from Day Creek to 227 feet west of Day Creek. 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 from 497 feet west of Alvarado to Day Creek with 1 station at top of highest retaining wall on corner of Wilson and Day Creek. This station overlaps site 10-1. The south side'of Wilson from Day Creek to Bluegrass. The Wilson median from Day Creek to Bluegrass. Ground Cover area: 47.275 square feet Hardscape area: 6,444 square feet 10-3 The west side of Day Creek from Wilson to 144 feet south of Clydesdale. The Day Creek median from Wilson to Banyan. Ground Cover area: 32,619 square feet Hardscape area: 10,983 square feet Landscape Maintenance District No. 10 -City of Rancho Cucamonga Fiscal Year 2010/11 P-515 10-4 The east side of Day Creek from 648 feet south of Keenland to Wilson. Ground Cover area: 15,952 square feet Hardscape area: 4,365 square feet 10-5 The west side of Bluegrass from Wilson to 705 feet south of Challendon. Ground Cover area: 26,882 square feet Hardscape area: 12,220 square feet 1 D-6 The south side of Banyan from Rochester to Day Creek. The north side of Banyan from 427 feet west of Rocking Horse to Rocking Horse. The west side of Day Creek from Banyan to Vintage. The Day Creek median from Banyan to Vintage. The north side of Vintage from Day Creek to paseo ending 153 feet west of Sand Hill. Ground Cover area: 44,000 square feet Hardscaoe area: 16,197 square feet 10-7 The north side of Vintage from 180 feet east of Taylor Canyon Place to Day Creek. The east side of Day Creek from Vintage to Banyan. The south side of Banyan from Day Creek to Bluegrass. 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 to 300 feet eastward. The Day Creek median from the 210 freeway to Vintage. The east side of Day Creek from Caltrans ROW to Vintage. The south side of Vintage from Day Creek to 180 feet east of Taylor Canyon. Ground Cover area: 16,841 square feet Hardscape area: 7,025 square feet 10-9 The north side of Coyote from Brookstone Place to Day Creek. The east side of Day Creek from Coyote to 358 feet north of Coyote. Ground cover area: 8,488 square feet Hardscape area: 5,752 square feet 10-10 The north side of Wilson from 395 feet east of Day Creek to Day Creek. The eastside of Day Creek from Wilson to Blackstone. The south side of Blackstone from Day Creek to Stoneview. The north side of Blackstone from Day Creek to 165 feet west of Stoneview. Ground cover area: 26,304 square feet Hardscape area: 19,117 square feet 10-11 The west side of Day Creek from 340 feet north of Banyan to Banyan. The north side of Banyan from Day Creek to Rocking Horse. Ground cover area: 20,378 square feet Hardscape area: 11,212 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 /mprovemenfs The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Landscape Maintenance District No. 10 -City of Rancho Cucamonga Fiscal Year 2010/11 Landscape Maintenance District N~. 7Q ~p~. ~~ P / ~~ V /~ Q' ~'. RICGECRF`•T Uk ~r ~C~R(ipF w C4fi UE! KYOLl.S ~' d• ,(J~ i„ V':' w S a 2 TE.:aS CT ~ CAMO.hnnk ~:S.KE CR N STn of RDE C:R N2EM1n, (IR >W D $? F J a C'r;i+RCHiL;. DR DAY ' ~, CREEK j ~ - PARK ! 4 z ~ ~'~R~~10 1~1r J =` ,,. ~~RO ~Y f ~~ .~~ ~.~'~a s ~ c-~~ ~.ocA~ ~,a c~ ~~t; ~~ ~~~ !! _ t f µr ~,,,,>y,~ri ;;T x t ~ a . - FtQT Olit C'~'f~~.. ~:~w ~' : - ~~~ f ~' ~ '~ -ray ~/ ~" aM tiea~ 5e n ,, ! ..; ,.. ~ ~ YW1 1 ~~ NF4II 1 #::It ~~~ 7 !tr;Nr_~~~ r><ar~ r.r .'+ ~ ~6~~ E rw s ~~ F r ~,,~-~ ~ ,;`~~ r ; ;~ {t...'.LN~', > CAhtC1SCAP~1~_t~$14~15iCEAfi~ F ~3~vL4 f_P ..- `T...i - - 2 1. z rarwusaacr ~ ( ~~ "` x ~ ~ ! ~~~~~ ~Q `~-~ ~"~.,~- ~ ~ - ~ Vt ~ l PnRIC w~a7 - n ~ f. y ~ ~ = ~ ~ E ~FtEEWAY ~ _ P-517 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 assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Estimated 2010/11 Budget Personnel Services Regular Salaries Overtime Salaries Part-time Salaries Fringe Benerrts Subtotal Personnel Operations and Maintenance Operations and Maintenance Operations and MaintenancelFacilities Emergency Equipment and Vehicle Rental Equipment Operations and Maintenance Contract Services Contract Services/Facilities Tree Maintenznce Utilities Water Utilities Electric Utilities Assessment Administration General Overhead Subtotal Operations and Maintenance Capital Expenditures CaoitaF Projects Subtotal Capital Expenditures Total District Expenditure Budget Operating Reserve Contribution Operating Reserve Collection Estimated Revenue Actual Assessment per EDU -Fiscal Year 2010/11 Allowable Assessment per EDU - $159,070.00 1,050.00 27,590.00 77 790.00 $265,500.00 $26,500.00 4,000.00 1,000.00 1,000.00 123,300.00 2,000.00 6,860.00 72,000.00 50,400.00 4,130.00 31.410.00 $322,600.00 $30,000.00 $30,000.00 $616,100.00 (182,460.00) 0.00 $435,640.00 $616.20 0/11 I $771.79 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 estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory Landscape Maintenance District No. 10 -City of Rancho Cucamonga Fiscal Year 2010/11 P-518 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: ' Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $1,081,297.60 Operating Reserve Contribution -Fiscal Year 2010/11 (182,460.00) Ooeratinc Reserve Collection -Fiscal Year 2010/11 0.00 I Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance $698,837.80 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Reoular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Utilities -Water: This item includes the costs to furnish water for the landscaping within the District Utilities -Electric: This item includes the costs to fumish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. 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 departments and staff 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 Landscape Maintenance District No. 10 -City of Rancho Cucamonga Fiscal Year 2010/11 P-519 systems that provide for a functional and operational assessment district within the City's administrative structure. Capital Expenditures: Capital Projects: 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. Operating Reserve Collection: Operatino Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similar events. Landscape Maintenance District No. 10 -City of Rancho Cucamonga Fiscal Year 2010/11 P-520 METHOD OF ASSESSMENT Genera! 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 maybe 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 wilt 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)." 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" (Sec. 22547). 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 beneft from special benefit, where only special benefit is assessed. 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 Landscape Maintenance District No. 10 -City of Rancho Cucamonga 10 Fiscal Year 2010/11 P-521 • 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. 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 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 derivative and do not provide a direct benefit tc 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. 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 E uivalent Dweliin Units Pro e T e Count Use Code EDU Value Multi tier Single Family Residential t.00 Dwelling Unit 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 andlor 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. Landscape Maintenance District No. 10 -City of Rancho Cucamonga 11 Fiscal Year 2010/11 P-522 The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Maximum Allowable Property Type Assessment Rate Actual Assessment Total Total (County Use Code) er EDU Rate per EDU UnitslAcres EDUs Single Family Residential $771.79 $676.20 751 751 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. Maximum and Historical Assessments The maximum allowable assessment rate per EDU listed above, is the amount which was approved in 2001/02, when the District was formed, and subsequent District annexations. Commencing in Fiscal Year 2002/03, the amount of the maximum allowable assessment is proposed to increase each year based upon the Consumer Price Index {"CPI"), All Urban Consumers, for the Los Angeles- Anaheim-San Bernardino Area, as determined by the United States Department of Labor, Bureau of Labor Statistics or its successor. Each year the percentage difference between the CPI for March of each year and the CFI for the previous tviarch shall be computed. The assessment shati be adjusted by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue preparation of such index, the revised index or a comparable system as approved by the City Council shall be used for determining fluctuations in the cost of living. Historical maximum assessment amounts and actual assessment amounts are shown in the table below: Fiscal Year Maximum Assessment er EDU Actual Assessment er EDU 2001!02 $597.09 $597.09 2002!03 613.69 597.09 2003/04 637.75 597.09 2004/05 648.93 597.09 2005/06 675.03 597.09 2006/07 706.54 597.09 2007/08 733.65 616.20 2008/09 757.73 616.20 2009110 757.73 616.20 2010/11 771.79 616.20 Landscape Maintenance District No. 10 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-523 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. Landscape Maintenance District No. 10 -City of Rancho Cucamonga 13 Fiscal Year 2010/11 P-524 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010/11 is listed on the following pages. The following tables summarize the Fiscal Year 2010/11 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable Coun Use Code er EDU UnitslAcres EDUs Assessment Single Family Residential $771.79 751 751 $579,614,29 Actual Property Type Assessment Rate Total Total Actual Coun Use Code er EDU UnitslAcres EDUs Assessment Single Family Residential $616.20 751 751 $462,766.20 Landscape Maintenance District No. 10 -City of Rancho Cucamonga 14 Fiscal Year 2010!11 O V 'i `~~1 ~~ V ~~ •~ Q V J ny ua~llll!W c y ~ j \`-- - ---------- ^y wa4~ _.._.._.._..-i ~ ~ ~ ~ I ~ ~ __ _- J i i d (/) I I II1 ny uaneH :............. i i ny esow~aH i- ------ i i ny uewllaH j -- I iS uepawe~ .. ;~~~...° i ~6 ~ ~ c s N V N o3 ~$ C~ C f6 T C CO T y N m CO ~ L O ~ O LL ~€ o J Q ~ U ~ d as J ti~ ~ _... r-ono v ~~ 0 0 N uQi 0 ^V lse3 in L C _.._.._.. n ny epuenng~ any ~alsayoob 0 E i ny ua~itp!W my uaneH i ! ny esowaaH ~ e +... ..... e ny PIeQ!yo~y i e ~.r ~ ny uewllaH 't. ~ r ~ - i ny p~e/au~ ~.:_.._......~._, ny anal m ~ in = 3 L L O a0 O Q u_ P-526 ENGINEERING DEPARTM r.NT StaffRepart DATE: June ] 6, 2010 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Assistant City Manag~ BY: Ingrid Y. Bruce, GIS/Special Districts Manag SUBJECT: CONSIDERATION OF APPROVAL OF RESOLUTIONS INITIATING PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS, APPRO`JE TIC ANNUAL LEVY REPORTS, DECLARING THE CITY COUN'CH.'S INTENTION TO LEVY ANNUAL ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DLSTRIGT NO. PD-85 FOR FISCAL YEAR 2010/11 AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON. NO INCREASE OF ASSESSMENT RATE LS PROPOSED RECOMMENDATION It is recommended that City Council approve t hz Resolutions initiating proceedings to levy annual assessments, approve the annual levy reports, declaring the City Council's intention to levy annual assessments within Park and Recreation Improvement District No. PD-85. There is no increase to the current rates for fiscal year 2010/201 I . The Engineer's Report is on file in the City Clerk's Office. BACKGROUND/ANALYSIS PD-85 was originally created to provide funds to finance the cost of construction, maintenance, operation and debt payment of Heritage Community Pazk and Red Hill Community Park. Heritage Community Pazk is a 40-acre facility located on the southwest comer of Hillside Road and Betyl Street_ Red Hill Community Park is 42 acres and is located on the southwest corner of Base Line Road and Vineyazd Avenue. The District's boundary includes all of the City of Rancho Cucamonga with the general exception of land east of the Deer Creek Channel and the Victoria, Caryn and Terra Vista Planned Communities. CITY COUNCIL STAFF REPORT' PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 June 16, 3010 Page 2 The final debt service payment of the Bonds that were sold to fnance the construction of Red Hill and Heritage Comrnunity Parks were repaid on September O1, 2005. Subsequently with the debt repaid the annual assessments were decreased for all the property ow~~ers and the annual assessments levied and collected are dedicated to the ongoing maintenance and operation, with periodic capital improvement expenditures, of the parks. Therefore, pursuant to the Landscape and Lighting Act of 1972, each year the City Council must adopt resolutions initiating proceedings to levy the assessments, approve of the annual levy report and declare its intention to levy and collect assessments for the upcoming fiscal year. It is recommended that the assessment rates in PD-85 remain at existing levels for Fiscal Year 2010/2011. Assessments for PD-85 will be levied according to the following schedule: Definition Single Family Residential Multi-Family Residential Less than 1.50 acres 1.51 acres to 3.50 acres 3.S1 acres to 7.00 acres 7.01 acres to 14.00 acres 14.01 acres to 25.00 acres 25.01 acres and lazger Assessment per Parcel $31.00 $31.00 $15.50 $46.50 $ ] 08.50 $217.00 $434.00 $775.00 P-527 Attachments: Resolutions Engineer's Report P-528 RESOLUTION NO. / 0 ~ 0 ~ H RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL LEVY 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 20]0-l 1 WHEREAS, the City Council of the City of Rancho Cucamonga, California, 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 leery of assessments for the next ensuing fiscal year to provide for the annual costs fa• maintenance and servicing of improvements within the District; and V1'HEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2010, and ending June 30, 2011 ("Fiscal Year 2010-11"). NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED 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. 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 2010-I1. SECTION 3. Annual Levy Report. The City Engineer is hereby ordered to prepare and fle with this City Council an Annual Levy 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 `9mplementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law"). SECTION 4. Filing of the Annual Levy Report. Upon completion, the Annual Levy 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. PASSED, APPROVED AND ADOPTED this day of June 2010. SDPUn\W UI VEM396797.1 P-529 AYES: NOES: ABSENT: ABSTAINED: ATTEST: Donald J. Kurth, M.D., Mayor ,laniee C. Reynolds, City Clerk I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, Califomia, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Comicil of the City of Rancho Cucamonga, at a regular meeting of said City Council held on 2010. Executed this at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk 5 DPUB\ W DI VEN\396797.1 P-530 RESOLUTION NO. 1 U-O~5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ANNUAL LEVY REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT llISTRICT NO. PD 8~ FOR FISCAL YEAR 2010-11 V1'HEREAS, the City Council of the City of Rancho Cucamonga, California, ptu-suant 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 2010-2011 (the "Annual Levy Report") in a certain maintenance assessment district known and designated as Park and Recreation Improvement District No. PD 85 (the "District"); and R'IIEREAS, t here has now been presented to this City Council the Amiuai Levy 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 Levy 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 spread within the District in accordance with the special benefits received from the improvements to be maintained and serviced, as set forth in the Annua] Levy Report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED 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. Annual Levy Reports. The Annual Levy 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 2010-I1; C. A diagram for the District, showing the area and properties proposed to be assessed; and D. An annual assessment for Fiscal Year 2010-2011 of the estimated costs of the maintenance and servicing of those improvements to be maintained and serviced SDPUa\W UI VE1JU96796.1 P-531 during such Fiscal Year, assessing the net amount upon all assessable lots and/or parcels within such llistrict 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. 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 Levy Report. PASSED, APPROVED AND ADOPTED this day of June 2010. AYES: NOES: ABSENT: ABSTAINED: ATTEST: Donald J. Kurth, M.D., Mayor Janice C. Reynolds, City Clerk I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, at a regular meeting of said City Council held on 2010. Executed this at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk SDPUa\W D1VEM396798.1 P-532 RESOLUTION NO. ~~ - U9 (P RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, llECLARING [TS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YF,AR 2010-2011 IN 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 ] 5, 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 2010-11, to finance the costs and expenses necessary for continued maintenance and servicing of improvements within the llistrict; 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 2010/1 l Annual Levy Report" (the "Annual Levy 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 2010-1 ] 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 2010-2011 within such District are not deemed to be "increased" over the maximum authorized annual assessments. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED 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, 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. P-533 "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, (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. A description of the improvements to he 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 Levy Report. The Annual Levy Report regarding the annual levy for the District for Fiscal fear 2010-2011, has been previously 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 Levy Report, and further it is determined to be in fhe 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 Levy Report. SECTION 5. Boundaries Of District. The proposed maintenance and service work as described in the Annual Leery 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 the 7th day of July, 2010, at the hour of 7:00 o'clock 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 P-534 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: Ingrid Bruce GIS/Special Districts Murager City of Ra~tcho Cucamonga 10500 Civic Center Drive Rancho Cucamonga; CA 91729 (909) 477-2700, Ext 2575 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 June 2010. AYES: NOES: ABSENT: ABSTAINED: ATTEST: Donald J. Kurth, M.D., Mayor Janice C. Reynolds, City Clerk I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, at a regular meeting of said City Council held on 2010. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P-535 Appendix A Descriptions of Improvements and Maintenance and Sen~ices 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. A-1 P-536 Annual Engineer's Report Fiscal Year 2010/2011 City of Rancho Cucamonga PARKS AND RECREATION IlVIPROVElVIENT DISTRICT NO. PD-85 Approved: Mark Steuer, Director Engineering Services/City Engineer P-537 TABLE OF CONTENTS Authority for Repor•t ..............................................................................3 Findir~gs .............................................................................. 3 District Analysis .............................................................................. 4 Estimate of Work .............................................................................. 4 Method of Spread .................................................................................... 6 Calendar Year•Annexations ........................................................... 8 Boundary Map ..............................................................................9 z P-538 City of Rancho Cucamonga Annual Repots PD-85 Fiscal Year ZOf01201I AUTHORITY FOR REPORT This report for the 2010/2011 fiscal yeaz is prepared pursuant to the order of the City Council of the Ciiy of Rancho Cucamonga and in compliance with the requirements of Article 4, Chapter 1, Landscape and Lighting Act of 1972, being Division 15, Section 22500 of the Streets and Highways code. Provisions for this annual assessment are included in Chapter 3 of the Landscape and Lighting Act of 1972. 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 thereafter referred to as "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, Landscape and Lighting Act of 1972, 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 nay 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 ofthe 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 beneft from the improvements and may consist of contiguous or noncontiguous areas. As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax; and, therefore, are not governed by Article XIIIA. Properties owned by public agencies, such as a city, county, state, or the federal governments is 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 P-539 utility transmission right-of--way, and common azeas are also exempt from assessment. The assessment for mobile home parks will be based upon underlying lot acreage. 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 & 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, ] 72 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: I. The maintcnance 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. D. The assessment rate for the 2010/2011 FY is $31.00. No increase to this assessment rate is proposed. It is estimated that this assessment rate will cover the district's maintenance and operation expenses for the 2010/2011 FY. P-540 ESTIMATE OF WORK The Landscaping and Lighting Act of 1972 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 def cits shall be included in the assessment for the following fiscal year. Proposed Maintenance Budget: FY 2010/2011 PROJECTEll REVENUE $1,069,680.00 Personnel Services Regulaz Salaries $526,940.00 Overtime Salaries 3,680.00 Part Time Salaries 26,160.00 Fringe Benefits 250.540.00 Subtotal 5807,320.00 Onerations & Maintenance Operations & Maintenance $119,750.00 Operations & Maintenance -Facilities 5,000.00 Vehicle Operations & Maintenance 1,000.00 Emergency Equipment & Veh. Rntl 3,000.00 Equip Operations & Maint. 10,000.00 Contract Services 34,800.00 Contract Services/Facilities 0.00 'free Mahrtenance 18,200.00 Telephone Utilities 6,420.00 Water Utilities 190,120.00 Electric Utilities ~ 114,220.00 Assessment Administration 152,550.00 Admin./General Overhead 85,170.00 Subtotal $740,230.00 Capital Outlay Capital Outlay -Equipment 0.00 Capital Project 0.00 Subtotal 0.00 Total PD-85 Expenditure Budget $1,547,550.00 Operating Reserve Contribution -477,870.00 Projected Revenue $1,069,680.00 Total District Assessment $1,069,680.00 Total District Parcel Count 27,736 P-541 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 yeaz. The actual assessment 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 atnount may be lower than the maximwn 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. "fhc reserve balance information for the District is as follows: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $1,658,532.22 Operating Reserve Contribution -Fiscal Year 2010/1 I (447,870) Operating Reserve Collection -Fiscal Year 2010/11 0.00 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance $655,832.22 Defir:itions of Budget ]terns The following defmitions describe the costs and expenses included in the District Budget: Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. . Overtime Salaries: This item includes costs attributed to work performed by full-time employees over and above their normal scheduled hours. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the parks improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the parks improvements. P-542 Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the parks. Utilities -Water: This item includes the costs to furnish water for the landscaping and parks. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the parks lighting, sprinklers and irrigation controllers. Assessment Administration: This item includes the cost to all particulaz 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 al] departments and staff 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 assessment district within the City's administrative structure. Capital Expenditures: Canital Protects: This itcm 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. Operating Reserve Collection: Operatine Reserve Collection: This item inciudes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal yezr, or whenever the City expects to receive its apportionment of special assessments and lax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund maybe allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similaz events. P-543 METHOD OF SPREAD The Landscaping and Lighting Act of 1972 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 were discovered by searching the County Assessor's computer tapes for those parcels that are listed as exempt by the Assessor or which have an assessed value of less than $500. In conducting the seazch, several parcels were included as exempt that show parcel sizes in excess of 1.5 acres and tvoe codes of; for example, residential or agriculture. These parcels were added back into the rolls and assessed. 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 meetntg the following conditions. Parcel Sizc(Ranse Less than 1.5 Acres and 1.51 to 35. Acres and 3.51 to 7.0 Acres and 7.01 to 14.0 dwelling units 14.01 to 25.0 Acres and 25.01 acres and larger Dwelling Units/Parcel 1 or more dwelling units 2 or more dwelling units 4 or more dwelling units 8 or dwelling units 15 or more dwelling units 26 or more dwelling units Category A is based on the number of existing residential units. The actual assessment for Bond Debt Sen~ice per existing residential dwelling unit may decrease each yeaz as more residential units aze built within the improvement district. Maintenance costs, however, are expected to increase annually and will somewhat offset the anticipated decrease in assessments due to new development. Category B: All parcels not defined in Category A or Category C. Category C: All exempt parcels as defined below: P-544 C. 1. All properties cw-rently tax exempt; 2. All public ownership; 3. Railroad mainline rights-of evay 4. Major utility transmission rights-of--way; 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 acres or less; and, Summary of Preliminary Assessment Amounts Category A: The preliminary estimated assessment rate, which will be levied during fiscal year 2009/2010, is $31.00 per dwelling unit for those parcels in Category A. Category A parcels containing more than one residential dwelling unit will be assessed for an aniount equal to $31.00 times the number of dwelling units. Category B: The assessment, which may he levied for parcels vvithin Category B during fiscal year 2009/2010, shall be according to the following schedule: Definition Single-Family Residential Multi-Family Residential Less than 1.5 Acres 1.51 Acres to 3.50 Acres 3.51 Acres to 7.0 Acres 7.01 Acres to 14.0 Acres 14.01 Acres to 25.0 Acres 25.01 Acres and larger Category C: Assessment Pcr Parcel $31.00 $31.00 $ 15.50 $46.50 $ i 08.50 $217.00 $434.00 $775.00 The assessment shall be $0.00 for Category C parcels. P-545 Calendar Year 2009 Annexations Parks and Recreation District - PD-85 PROJECT UNITS ANNEX. DATE PM18797 14.97 AC 1/7/2009 DRC2004-00816 1 SFD 3/4/2009 DRC2005-00703 4.81AC 4/15/2009 DRC2003-00048 13.61 AC 5/6/2009 DRC2007-00455 5.08AC 6/3/2009 DRC2008-00587 9.21AC 7/1/2009 DRC2005-00327 1.52AC 8/19/2009 PM18710 241MULTI 10/7/2009 DRC2006-00540 225MULTI 10/21/2009 10 0 a^^ /`// W 'i w y `H G1 y ~ nH ua~l!II!W ny uaneH ny esowJaH nb' Pleq!4oJt/ ny uewllaH ~ ;S ue!lawe~ oI ~f ~v r-a4a ~~ o! N p J a W a' ,r ~ a o o ' ~, ~ ~~ ~ i ~, I I I I ~^- C O ~ ~ N _ ~ I ~ Y 3 O m O a i u_ ~.......,..._.L.._....._ -- - ~~..~.. ~..a..m..~ -- -_ - I n se d1 3 w I i ~ s ~ ny epueMg3 ........ , _ -_ .-... -- ny epuenn!13 - --- _ ~..--........-.._.._..-- g ~aaJ~ fed _....----.._._,._-,.. ? ~ ., i-- ..~_ _.-i..t._r .. , _.._.._.._.._.._.._.y ny Ja;sayaoa 1---- ~.. -- ----` _ -- ..... ny Ja;sayooa ,~..~ . ~ I ~ I ... i - ....I - y ny ua~lll!W ny uaneH ny esouJJaH nd Pleq!goJH ~ ny uewllaH ~ L L ~ ny p~eRawn ~ V) K ~ ~ c N ~ -_ 0] V1 ~ c ~ J m ~ N m m s a sp nYFV sip. aE$b~,g~3~fga _ _ nd BnOJ~ eeng g€-€snag yg F~ ~'~F~z$~] 'Y CD lY V) s Y-e°ir,~SBS¢ea O O ~ O a 6Rf~EZ~`JA E s ei~•~ _~.~ ,, ;_ _; - ~„ T H E C I T Y O F RANCHO C U C A Pi O N G A StaffReport DA'I~: June 16, 2010 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Assistant City Mana BY: Ingrid Y. Bruce, GIS/Special Districts Mana SIJBJF.CI': CONSIDERATION OF APPROVAL OF RESOLUTIONS INITIATING PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS, APPROVE THE ANNUAL LEVY KEPORTS, DECLARING THE CITY COUNCIL'S IlVTENTION TO LEVY ANNUAL ASSESSMENTS VVI'I'HIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7, AND 8 FOR FISCAL YEAR 2010/11 ANll SETTING THE TTME AND PLACE FOR A PUBLIC HEARING THEREON. NO INCREASE OF ASSESSMENT RATE IS PROPOSED RECOMMENDATION: It is recommended that the City Council approve the Resolutions initiating the proceedings to levy annual assessments, approve the annual levy reports, declaring the City Council's intention to levy annual assessments within Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7 and 8. There is no increase to the current rates in these districts for Fiscal Yeaz 2010/2011. The Engineer's Reports are on file in the City Clerk's Office. BACKGROUND/ANALYSIS: The City of Rancho Cucamonga has eight Street Light Maintenance Districts that provide street light coverage throughout the general city and planned communities. Each year the assessments received are earmarked for the maintenance and operation of street lights, traffic signals and appurtenant facilities related thereto. Said maintenance and operation includes the cost and supervision of street lighting maintenance (including repair removal or replacement of all or any part of any improvement providing for illumination of the subject area) in connection with said Districts. P-547 The City utilizes prior year carryovers along with current year revenues to meet the districts annual expenses. The City has determined, as stated in the Street Light Maintenance Districts Fiscal Year ?010/2011 Engineer's Reports that the assessment rates shall remain unchanged CITY COUNCIL STAFF REPORT STREET LIGHTING MAINTENANCE DISTRICTS June 16, 2010 Page 2 from the previous FY 2009!2010 rates. The assessment rate and district description for each Street Lighting Maintenance District is as follows: Street Lighting Maintenance District No. 1 assessments pay for energy and maintenance for streetlights on arterial streets. The current assessment rate is $17.77 per single-family residence. The commercial rate is $35.54Jacre. Street Lighting Maintenance District No. 2 assessments pay for energy and maintenance for streetlights on residential streets. The current assessment rate is $39.97 per single-fantily residence. The commercial rate is $79.94/acre. Street Lighting Maintenance District No. 3 assessments pay for energy and maintenance for streetlights within the Victoria Planned Community. The current assessment rate is $47.15 per single-family residence. The commercial rate is $94.30/acre. Street Lighting Maintenance District No. 4 assessments pay for energy and maintenance for streetlights within the Terra Vista Pla~med Commmrity. The current assessment rate is $28.96 per single-family residence, and the multi-family rate is $14.48 per dwelling unit the commercial rate is $57.92/acre. Strcel Lighting Maintenance District No. 5 assessments pay for energy and maintenance for streetlights within the Caryn Planned Community. The current assessment rate is $34.60 per single-family residence. Street Lighting Maintenance District No. 6 assessments pay for energy and maintenance for streetlights within the commercial and industrial area of the City. The current assessment rate is $51.40 per acre for conunereial property. Street Lighting Maintenance District No. 7 assessments pay for energy and maintenance for streetlights within the Etiwanda Highlands Community. The current assessment rate is $33.32 per single-family residence. Street Lighting Maintenance District No. 8 assessments pay for energy and maintenance for streetlights in South Etiwanda. The current assessment rate is $60.00 per single-family residence. P-548 Attachments: Resolutions Engineer's Reports P-549 RESOLUTION NO. ~ ~ - ~~, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL LEVY REPORTS PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LF,VY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 THROUGH 8, INCLUSIVE, FOR FISCAL YEAR 2010-11 WHEREAS, the City Council of the City of Rancho Cucamonga, California, previously undertaken proceedings to form and has formed certain maintenance districts 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 Street Lighting Maintenance District Nos. 1 through 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 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 ] , 2010, and ending June 3Q, 2011 ("Fiscal Year 2010-1 I "). NOW, THEREFORE, BE IT RESOLVED, DETERMINEll AND ORDERED by the City Council of the City of Rancho Cucamonga, as follows: SECTION I. Recitals. The above recitals are all true and correct. SECTION 2. New Improvements or Substantial Changes in Existing hnprovements. 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 2010-I 1. SECTION 3. Annual Levy Reports. NBS is hereby ordered to prepare and file with this City Council an Annual Levy Report for each District relating to such annual assessment and levy in such District in accordance with the provisions of Article 3 of Chapter I 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 X1QD and the Implementation Act are referred to collectively as the "Assessment Law''). SECTION 4. Filing of the Annual Levy Reports. Upon completion, the Annual Levy 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. SDPUB\ W DI V F:N~396767.2 P-550 PASSED, APPROVED AND ADOPTED this day of June 2010. AYES: NOES: ABSENT: ABSTAINED: ATT)/ST: Donald J. Kurth, M.D., Mayor Janice C. Reynolds, City Clerk I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucatonga, at a regular .meeting of said City Council held on . 2010. Executed this at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk SDPUa\W DIVEMi96767.2 P-551 RESOLUTION NO. l D ~ U4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALYFORNIA, APPROVING THE ANNUAL LEVY REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. i THROUGH 8, INCLUSIVE, FOR FISCAL YEAR 2010-11 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 X3750 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 sepazate report for the atmual levy of assessments for Fiscal Year 2010-2011 (each, an "Annual Levy Report:") in certain maintenance assessment districts known and designated as Street Lighting Maintenance District Nos. 1 through 8, inclusive (each, a "llistrict" and collectively, the "Districts"); and WHEREAS, there has now been presented to this City Council a separate Annual Levy 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 Levy 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 spread ~~ithin each District in accordance with the special benefits received from the improvements to be maintained and serviced, as set forth in the applicable Annual Levy Report; NOW, THEREFORE, BE IT RESOLVED, BETERMINED AND ORDERED 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. Annual Le~~}~ Reports. The Annual Leey 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 2010-11; C. A diagram for such District, showing the area and properties proposed to be assessed; and SDPUn1W DI V EN1396775.2 P-552 D. An annual assessment for Fiscal Year 2010-2011 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. 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 Levy Reports. PASSED, APPROVED AND ADOPTED this day of June 2010. AYES: NOES: ABSENT: ABSTAINED: Donald .T. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, Califomia, 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 City Council held on 2010. Executed this , at Rancho Cucamouga, California Janice C. Reynolds, City Clerk SDPUB\WDI VEM39G775.2 P-553 RESOLUTION' NO. 10' 09 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 F[SCAL YEAR 20]0-2011 IN STREET LIGHTING MAINTENANCE DIS1'KICT NOS. 1 THROUGH 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 "I.,aitdscaping and Lighting Act of 1972," being Division I5, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (ihe "1972 Act") in what are known and designated as Street Lighting Maintenance District Nos. 1 through 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 2010-11, 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 2010J11 Annual Levy Report" (each, an "Annual Levy Report" acrd collectively, the "Annual Levy 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 Cowicil desires to conduct the proceedings to authorize the levy oP the annual assessments within each District; and WHEREAS, the annual assessments for Fiscal Year 2010-11 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 2010-2011 within such District are not deemed to be "increased" over the maximum authorized annual assessments. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED 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, 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 P-554 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 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 famishing 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. Reference is made to the applicable Annual Leery Report for further information regarding the improvements to be maintained and serviced for each District and the scope of suchtnaintenance and service. SECTION 3. Annual Levy Reports. The Annual Levy Reports regarding the annual levy for each District for Fiscal Year 2010-2011, have been previously approved and directed to be filed in the office the City .Clerk. Reference is made to the applicabie 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, at~d 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 Levy Report, and further it is determined to be in the best public interest and convenience to leery and collect annual assessments to pay the costs and expenses of such maintenance and service as estimated in such Annual Levy Report. SECTION 5. Boundaries Of Districts. The proposed maintenance and service work as described in the Annual Levy 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 v<~thin 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 G. Public Hearing. Notice is hereby given that a public hearing will be held the 7th day of July, 2010, at the hour of 7:00 o'clock 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 P-555 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: Ingrid Bruce GIS/Special Districts Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 (909) 477-2700, Ext 2575 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 llaily 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,Tune 2010. AYES: NOES: ABSENT: ABSTAINED: Donald .T. Kurth, M.D., Mayor ATTEST: ,lanice C. Reynolds, City Clerk I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, at a regular meeting of said City. Council held on ,2010. Executed this , at Rancho Cucamonga, California. ,Tanice C. Reynolds, City Clerk P-556 APPENDIX A DESCRIPTION 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 Levy Reports 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 throughout the City. Street Lighting Maintenance District No. 2 The installation/maintenance of street lights and traffic signals on local streets, generally west of Haven Avenue. StreeC 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 "fhe 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 azea is located generally south of Foothill Boulevazd. Street Lighting Maintenance District No. 7 The installation/maintenance of street lights and traffic signals on local streets within the area of the City 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 the area of the City known as "South Etiwanda". This area is located generally east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue. P-557 Annual Engineer's Report Fiscal Year 2010/2011 City of Rancho Cucamonga Street Lighting Maintenance District lelo. 1 (Arterial) P-558 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 1 (ATERIAL STREETS) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS7Special Districts Manager Christopher Bopko, Management Analyst III P-559 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment ............................................................................................. 3 Process for Annual Assessment ................................................................................ 3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District .............................................................. 5 Description of Improvements and Services ............................................................... 5 Map of Improvements ................................................................................................ 5 ESTIMATE OF COSTS 6 District Budget ........................................................................................................... 5 Definitions of Budget Items ........................................................................................ 7 METHOD OF ASSESSMENT 9 General ...................................................................................................................... 9 Special Benefit ........................................................................................................... 9 General Benefit ........................................................................................................ 10 Method of Assessment Spread ................................................................................ 10 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL 13 P-560 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. _, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 1 (Arterial Streets) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Engineer's Report for Fiscal Year 2010/11 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 2010/11 Personnel Costs $31,840.00 Operations & Maintenance Costs 969,850.00 Capital Expenditures 0.00 Reserve Fund Contribution (253,840.00) Estimated Costs and Expenses $1,001,690.00 Actual Assessment per EDU $17.77 Maximum Allowable Assessment per EDU $t7.77 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identifcation of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: Street Lighting Maintenance District No. 1-City of Rancho Cucamonga 1 Fiscal Year 2010!11 P-561 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 Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram 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. Mark Steuer, City Engineer Street Lighting Maintenance District No. 1 -City of Rancho Cucamonga 2 Fiscal Year 2010/11 P-562 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 repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include 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 assessment 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 assessment 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 assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment 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 asse5smerif 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 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 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment 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 Street Lighting Maintenance District No. 1-City of Rancho Cucamonga 3 Fiscal Year 2010/11 P-563 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice'), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIII D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Street Lighting Maintenance District No. 1 -City of Rancho Cucamonga 4 Fiscal Year 2010!11 P-564 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 [o, furnishinc electric current for public lighting facilities including street lights and traffic sionals, 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. Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2010/11 ® ~, -565 r rn ~' L J ~ .C~ ~ ~ ~> ~ °~ ~ ~ O .`,~ fn m ~ U_ ~- .~s W ~ Q ~.. ~ ~ ~ .;. G1 ®~ +, ~'' ~` f ~ j i~! ~ m & t{ L Q ~ 4 w` ^Y X113' \I/ Y R~MR3 "`~ O r V L {: ~L Q i( ~ i;. N ~ ~~~~~~ ~ ~ '' +~--__, -~=ate c~~....:. ^tl nisa~(oa fl-, C ~ Y al~apoM ;, d ~•+ , V ~. _ er.u~.wx... - .q ~~.ruuw ~_..~_ C L ~I~ ~ C 'i: ~ ~ r. •Y wevH ~ ~ ~ I J t C7 ' av J ` ~. '1"d ~ ^Y ~ k~ GRV!4~,Y ~; ^Y,..~,n.H ~~: r i~ ~ ;x! c F F 't ..II 7 ' s 1f. ^Y V+UM~N i ~. It ~ f is ~~~o~ T. F f a _ a~ ~ r <<. F'F ££~ e. g 6b t f~ff ~~~[ °r€ "~~~ ~ ~ ~ Str~'° a~ °v_~si ~' ~F ~8 t~e s O ~ sY ~e 6.~yF t gF g~~~$yag P-566 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 assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Estimated 2010/11 Bud et Personnel Services Regular Payroll $21,660.00 Part-time Salaries 0.00 Fringe Benefits 10.180.00 Subtotal Personnel $31,840.00 Operations and Maintenance Training $180.00 Membershio Dues 4,030.00 Operations and Maintenance 4,940.00 Equipment Operations and Maintenance 500.00 Contract Services 14,670.00 Utilities Telephone Utilities 1,180.00 Electric Utilities 718,680.00 Assessment Administration 156,290.00 General Overhead 53,090.00 Interfund Allocation 16.290.00 Subtotal Operations and Maintenance $969,850.00 Capital Expenditures Caoitai Projects $0.00 Subtotal Capital Expenditures $0.00 Total District Expenditure Budget $1,001,690.00 Operating Reserve Contribution (253,840.00) Operatino Reserve Collection 0.00 Estimated Revenue $747,850.00 Actual Assessment per EDU -Fiscal Year 2010111 $17.77 Maximum Allowable Assessment er EDU -Fiscal Year 2010111 $17.77 `Includes rounding as each parcel's annual assessment must be rounded down to the nearest even cent for County tax roll purposes. The maximum allowable assessment per EDU 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 EDU will be Street Lighting Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2010/11 P-567 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance 51,174,418.16 Operating Reserve Contribution -Fiscal Year 2010/11 (253,840.00) Operating Reserve Collection -Fiscal Year 2010/11 O.DO Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance - 5920,578.16 Definitions of Budget hems The following definitions describe the costs and expenses included in the District Budget: Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: GIS services for maintaining the street lights and traffic signals database. This is a combination of field and office work and is split evenly between all of the City's Street Light Maintenance Districts. Membership Dues: ISMA Certification. The cost is split evenly between all of the City's Street Light and Maintenance Districts. Ufilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the street lights and traffic signals. 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 departments and staff 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 Street Lighting Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2010/11 P-568 systems that provide for a functional and operational assessment district within the City's administrative structure. Interfund Allocation: This item is for night time field verification of street lights working and daytime matching of pole numbers against invoices received to ensure accurate billing. The budget is divided evenly between all of the City's Street Light Maintenance Districts. Capital Expenditures: Capital Protects: 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 or replacement street lights or traffic signals and appurtenant facilities. Operating Reserve Collection: Ooerating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, street light or traffic signal replacements, repair of damaged improvements due to vandalism, storms and other similar events. Street Lighting Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2010/11 P-569 METHOD OF ASSESSMENT General 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 maybe apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated beneht to be received by each such lot or parcel from the improvements. The determination of whether or not a tot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) Hof the Streets and Highways Code, State of CaliforniaJ. " 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" (Sec. 22574). 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 assessrc~ent 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 199&, requires the City to separate general benefit from special beneft, where only special benefit is assessed. 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 Street Lighting Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2010/11 P-570 providing for safe vehicular and pedestrian access for 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 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 ofAssessment 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 in 1984, 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 aker 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 the 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. 7o 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. Street Lighting Maintenance District No. 1 -City of Rancho Cucamonga 10 Fiscal Year 2010!11 P-571 I and_Ilsn Fmiivalent Dwelling Units Pro ert T e Coun Use Code EDU Value Multi Ifer 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 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. The following table summarizes the Fiscal Year 2010111 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate er EDU Actual Assessment Rate er EDU Total Units/Acres Total EDUs Single Family Residential $17.77 $17.77 27,039 27,039 Multi-family Residential 17.77 17.77 10,157 10,157 Non Residential 17.77 17.77 3,040.08 6.080.15 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. Street Lighting Maintenance District No. 1 -City of Rancho Cucamonga 11 Fiscal Year 2010/11 P-572 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. Street Lighting Maintenance District No. 1 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-573 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010/11 is listed on the following pages. The following tables summarize the Fiscal Year 2010111 maximum and actual assessments for the District: Property Type Coun Use Code Maximum Allowable Assessment Rate per EDU Total Units/Acres Total EDUs Maximum Allowable Assessment Single Family Residential $17.77 27,039 27,039 $480,483.03 Multi-family Residential 17.77 10,157 10,157 180,489.89 Non Residential 17.77 3,040.08 6,060.15 106,044.27 Property Type Count Use Code Actual Assessment Rate er EDU Total UnitslAcres Total EDUs Actual Assessment Single Family Residential $17.77 27,039 27,039 $480,483.03 Multi-family Residential 17.77 10,157 10,157 180,489.89 Non Residential 17.77 3,040.08 6,080.15 108,044.27 Street Lighting Maintenance District No. 1 -City of Rancho Cucamonga 13 Fiscal Year 2010/11 P-574 ~ ~ y.+ V 'i w ~ H J a' ,a ~, o U ~ 'n c ~ o ~ ----- °-..__.._ ny ways ~ ti ' V 5 a ~ .. J o ~ ~ m ~ c J m ~ ~ m ~ O = ' ~ m t g i 3 o ~ i ny lse3 in ® i.t v .S ny epuenn!~3 .~ J ny ~alsayooa ny ~a~sayooa ny ua~pl!W ny ua~!II!W ny uaneH ny uaneH ny esow~aH (~ ny esow~aH n`d PIe9!4o~H ny ple4!4o~tJ ny uewpaH ~ ny uewllaH ~ s L ~ ny p e~(au~ ~g uepawe~ 9f SE ¢6 a p €€e gF€~4E ~ ~ nd anOJ~ p ££ p y~~`aY S`~5 r' 33 Sg€E gpp ' ~ RR at s~ { ~td (n C m r O' U) £pt a ~e FZ fi~F~ae~F t~:~t rn ~ y w j O O m gg. ~geE~E9~ag¢`~ v ~ T R m O ~ Q ~a ~~p c. ei€~S . ~ 'u~ N m ~ ~E F~at~fa fiC~~i#('gg[at~[ ~ - ¢pgS "yp r ~s Sq'S~ pEaed SB ~Sa ~ ; _ io ga~ n S € > U EtdatSF Fa3 ct P-575 Annual Engineer's Report Fiscal Year 2010/2011 City of Rancho Cucamonga Street Lighting Maintenance District No. 2 (Local Streets) P-576 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P-577 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment ............................................................................................. 3 Process for Annual Assessment ................................................................................ 3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District .............................................................. 5 Description of Improvements and Services ............................................................... 5 Map of Improvements ................................................................................................ 5 ESTIMATE OF COSTS 6 District Budget ........................................................................................................... 6 Definitions of Budget Items ........................................................................................ 7 METHOD OF ASSESSMENT J General ...................................................................................................................... 9 Special Benefit ........................................................................................................... 9 General Benefit ........................................................................................................ 10 Method of Assessment Spread ................................................................................ 10 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL 13 P-578 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. , 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 NBS to prepare and file an Engineer s Report for Fiscal Year 2010/11 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 2010/11 Personnel Costs $0.00 Operations & Maintenance Costs 339,330.OD Capital Expenditures 0.00 Reserve Fund Contribution 000) Estimated Costs and Expenses 339,330.D0 i Actual Assessment per EDU $39.97 Maximum Allowable Assessment per EDU $39.97 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this 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 Engineers Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: Street Lighting Maintenance District No. 2 -City of Rancho Cucamonga 1 Fiscal Year 2010111 P-579 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 Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram 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. Mark Steuer, City Engineer Sfreet Lighting Maintenance District No. 2 -City of Rancho Cucamonga 2 Fiscal Year 2010/11 P-580 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 repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include 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 assessment 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 assessment 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 assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on rile with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment 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 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 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment 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 specifed in Article XIII D and Proposition 218. The voters in Street Lighting Maintenance District No. 2 -City of Rancho Cucamonga 3 Fiscal Year 201 D/11 P-581 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIII D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Street Lighting Maintenance District No. 2 -City of Rancho Cucamonga 4 Fiscal Year 2010!11 P-582 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 residential areas of the City west of Haven Avenue. 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. Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2010/11 ~ ~ -~ ~ ~ ~ f N ~ O ey ~ ~ rte. ~ m ~ ~ N W ~ ~ C ~ U ~ ~ • ' IT I .« . -J 1 ! .-~ ~r r j {~ f J: I i.. ~ 1~~. ~ , ~ __~4 I I Lt~..~ i~.l' z ~._' __I w . I 1 - r~ ~ m 3' _ U9 ~~ ~ _ G !. i' s s ~ i _... ..... .we ~tl {•b3 -• nV RDUemry3w ~ i ~ ~ t tlwauotna3 •`3 ~- ~ ',r ~c~~ ~ L ;i~ `~, ~ i `z r~, :trash, ~, j ~~Ci ;r'_ ~ j::~. ~bL-+ ~ i h ~,~ { ~~ •~ I~ l_i kl{ ~ ~L t~!~41 iri~ i r...,. ~r ~rf~ 1 ~ ~~_ `. e ~ r ~ ~ ,. r . .. M. ~ ~.wp:~j.:.m.w...w: ....; ---- - - -- ----- ~ L (~ ~ 3 t~ ` f ' - f ~1 F s[r ~L J! it ;.a t t~ ,~~ ~__ i ~.~.~ ~ r ~, ( _ , C '.1~ ~ ~ .. t i ! {-`• ~ ~ I i I ._.. I.. - ~.. .. [ ..-° V relsauxly ._. +. I tt~~ , Ott>>r; i .r~ 9 ~~ ~,, y.+ ~ ~ ! ti~lr I ~ji! i _ it .v,,.rlalro ~ ------ -- t • .. r , (~ ~ ~ I t l t 14 I, t .. ~ rr 5 ~ 1 '~ ~L~. {i '" I ' Gr ~ ~ ..___..__..- _... i 1~..,.. .__ t .~ ~ _ ° t. ~'~~ ~ I i i - .tl,N.el, ~~ .r.+ I I ,,.. ,_.... ,W ~ j 1 it S t •~ ~ 4 .~ ~ ~ ~ ~ , ~ ,,,~ ntl vsuwiau ~_ ~..,..}. _ nb cs i F • ... f.. • ' 1 I _ ~ i i ~+ A• aV P 14~+V II 1 I I ~ I ~tl Gis'G14~~b ~ ~.~ ~ ~ Il I ! ~. ~ .~ I ~° L • _ ~ 1 . ~ ._ _ r ~ ~ .. ~ N~w~s ~ ~ !~ ~~~ _ m .. •.~. S l.I -..Y o i ° _ t a, ~, .~- . _.I I i. ~ I"1 ~ , _- f is u I wcp ~~ 1 , i _ 8y f ~ .. I ~ p C ; I ~~ k ""~ ' I t f `si'r t gE` p 1 - O tt ~..~ fw ftl a I~ f. ~~~ ~ ) ~Y = r .f - f ~~ t ~ i `• 9 0 ~ ~ ~ `sr .~- 1 .~ ~~ I e ~ a I`~ ¢ ` ! t r s c 1 ~ Y ~ r a wwwwnw..w ! ~ a r w` tY t ~C 4 c F F - r t t r a ~ I 3'. ~' r Y'_ ( F } 5 P E E. _ C ~ m j1 L i L~ s s ~ ~ F { _ y1. i I J c 9 ~ s C .'ate ~ R e ~ t ~ { ~~'n ~." ~ S ~` P~ ~ i-~ r if ' ~ ~ n e 1 9....__.__.....~_____~~,_..._,.._._:._._.__....._~ P-584 ESTIMATE OF COSTS The estimated casts of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Estimated 2010111 Bud et Personnel Services Regular Payroll $0.00 Part-time Salaries 0.00 Frinoe Benefits 0.00 Subtotal Personnel $0.00 Operations and Maintenance Training $0.00 Membership Dues 0.00 Operations and Maintenance 0.00 Equipment Operations and Maintenance 0.00 Contract Services ~ 0.00 Utilities Telephone Utilities 0.00 Electric Utilities 276,010.00 Assessment Administration 36,430.00 General Overhead 24,890.00 Intertund Allocation 0.00 Subtotal Operations and Maintenance $339,330.00 Capital Expenditures Capital Projects $0.00 Subtotal Capital Expenditures $0.00 Total Dislrid Expenditure Budget ~ $339,330.00 Operating Reserve Contribution 0.00) Operating Reserve Collection 0.00 Estimated Revenue $339,330.00 Actual Assessment per EDU -Fiscal Year 2010111 $39.97 Maximum Allowable Assessment per EDU -Fiscal Year 2010N 1 $39.97 The maximum allowable assessment per EDU 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 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 Street Lighting Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2010/11 P-585 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance 0.00 Operating Reserve Contribution -Fiscal Year 2010/11 0.00 Operatino Reserve Collection -Fiscal Year 2010!11 0.00 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance 0.00 Definitions of Budget items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: GIS services for maintaining the street lights and traffic signals database. This is a cgmbination of field and office work and is split evenly between all of the City's Street Light Maintenance Districts. Membershio Dues: ISMA Certification. The cost is split evenly between all of the City's Street Light and Maintenance Districts. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the street lights and traffic signals. 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 departments and staff 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 assessment district within the City's administrative structure. Street Lighting Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2010/11 P-586 Interfund Allocation: This item is for night time Feld verification of street lights working and daytime matching of pole numbers against invoices received to ensure accurate billing. The budget is divided evenly between all of the City's Street Light Maintenance Districts. Capital Expenditures: Capital Projects: 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 or replacement street lights or traffic signals and appurtenant facilities. Operating Reserve Collection: Operating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, street light or traffic signal replacements, repair of damaged improvements due to vandalism, storms and other similar events. Street Lighting Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2010/11 P-587 METHOD OF ASSESSMENT Genera! 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 maybe apportioned by any formula or method which fairly distributes the net amount among alt assessable lots or parcels in proportion to the estimated benefd 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)." 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" (Sec. 22574). 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. 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 Street Lighting Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2010!11 P-588 providing for safe vehicular and pedestrian access for 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 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 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 in 1983, Article XIII D and Proposition 21 B 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 the 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 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 fonnula 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. Street Lighting Maintenance District No. 2 -City of Rancho Cucamonga 10 Fiscal Year 2010111 P-589 Land-Use Equivalent Dwelling Units Pro ert T e (Coun Use Code EDU Value Mutti lier Single Family Residential 1.00 Parcel Multi-family Residential 1.00 Unit Non Residential 2.00 Acre Vacant 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 AuditorlController 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. The following table summarizes the Fiscal Year 2010!11 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessmen4 Rate er EDU Actual Assessment Rate per EDU Total Units/Acres Totai EDUs Single Family Residential $39.97 $39.97 6,166 6,166 Multi-family Residential - 39.97 39.97 2,643 2,643 Non Residential 39.97 39.97 40.18 80.37 Vacant 39.97 39.97 0 0 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. Street Lighting Maintenance District No. 2 -City of Rancho Cucamonga 11 Fiscal Year 2010111 P-590 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. Street Lighting Maintenance District No. 2 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-591 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010!11 apportioned to each lot or parcel, as shown on the fast equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010111 is listed on the following pages. The following tables summarize the Fiscal Year 2010111 maximum and actual assessments for the District: Property Type Count Use Code Maximum Allowable Assessment Rate er EDU Totai UnitslAcres Total EDUs Maximum Allowable Assessment Single Family Residential $39.97 6,166 6,166 $246,455.02 Multi-family Residential 39.97 2,643 2,643 105,640.71 Non Residential 39.97 40.18 80.37 3,212.39 Vacant 39.97 0 0 0.00 Property Type lCoun Use Code) Actual Assessment Rate er EDU Total Units/Acres Total EDUs Actual Assessment Single Family Residential $39.97 6,166 6,166 $246,455.02 Multi-family Residential 39.97 2,643 2,643 105.640.71 Non Residential 39.97 40.18 80.37 3,212.39 Vacant 39.97 0 ~ 0 0.00 Street Lighting Maintenance District No. 2 -City of Rancho Cucamonga 13 Fiscal Year 201 D/11 P-592 N w ~N V 'i ~+ E _ J N O ¢ • ~ ~ ~ c E C U (n N o ~ ~ '-,. _ ny ways ~ ^ 4 ._ ._.._.._.._; .c r J Y.. o 1 ~ I 1 i / ~ c N N '~ A, ~ ., _._.. ___.. _1 .. _..' ~ ~ J N m ~., Q' l0 O ^W \ i ~ ~ N m ~ ~ . ~ lJ.. ~ Q ____. ._...-..._... .. .. r_o_. _r ~ nb' lse3 in = i ny epuenn!33 ny epuenn43 ~ ~ ~ ~ ~ , ~ ~ ,; ,.. ~ ^` ~ ~ ~g ~aa~~ /red i i _ rt ;. \ W ~ ^ W L_.._..___.._.._.. _..' • i ny ~alsayooa ~--.... ~ .... ~ -- i ny salsa o0 y a y ~ ... ,~.. i ' ., ` v ~!.u.w r._.._.._.._. _.;. ~ ~ I ._. ; '- _ d ~LU.w ;' ,;, ny uaneH ~ ny uaneH ny esow~aH f~i ny esow~aH nV ple9!4o~t~ nb' PIeQ!4o~ ny uewpaH ~ ny uewllaH cn = r ny p e~au ~ !n lg ueyawe~ . ~F=$62$e~e°S ~ F~! ~gL: ~ ~ gg{{:g 6£g s ass Ed in ~ m ~ ny anal in E g~ ~ad=~ ~ 'e~p€°;°~4 Q L O G ~ ~~~S Bg `s S° ~ V1 ~ N N m O S ~ a p e ~ t°F{rE~giGg[g~ ~ E a t ~ ~ c v ~ y `g~ qg € 'E { ~s' ~fiS~ ~~ ~ c m E ~ g~ m ~g~pp~~gg(({E"~~ s~ 4; S ~~;fP3 tg@~a !~~~taae;~ ~ e ¢~~ 4 s ~ ~ ~„Eyg pp {[ a~€E ~ ~~ = U E 9 [ i P-593 ~4nnual Engineer's Report Fiscal Year 2010/2011 City of Rancho Cucamonga Street Lighting l~laintenance District No. 3 (Victoria Planned Community) P-594 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 3 (VICTORIA PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P-595 TABLE OF CONTENTS ENGINEER'S LETTER INTRODUCTION 1 3 Reason for Assessment ............................................................................................. 3 Process for Annual Assessment ................................................................................ 3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District .............................................................. 5 Description of Improvements and Services ............................................................... 5 Map of Improvements ................................................................................................ 5 ESTIMATE OF COSTS 6 Dis±rict Budget ........................................................................................................... 5 Definitions of Budget Items ........................................................................................ 7 METHOD OF ASSESSMENT 9 General ...................................................................................................................... 9 Special Benefit ........................................................................................................... 9 General Benefit ........................................................................................................ 10 Method of Assessment Spread ................................................................................ 10 ASSESSMENT DIAGRAM ASSESSMENT ROLL 12 13 P-596 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. , 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 NBS to prepare and file an Engineer's Report for Fiscal Year 2010/11 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 2010/11 Personnel Costs $31,840.00 Operations & Maintenance Costs 352,720.00 Capital Expenditures O.OD Reserve Fund Contribution 0.00 Estimated Costs and Expenses 5384,560.00 Actual Assessment per EDU $47.t5 Maximum Allowable Assessment per EDU 547.15 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special beneft conferred upon them from the improvements described in the Special Benefit Section of this 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 Engineer's Report. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga 1 Fiscal Year 2010/11 P-597 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. 1, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram 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. Mark Steuer, City Engineer Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga 2 Fiscal Year 2010/11 P-598 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 repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annua/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 Engineers Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the assessment 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 assessment 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 assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment 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 fo 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 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 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment 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 Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga 3 Fiscal Year 201D/11 P-599 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIII D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga 4 Fiscal Year 2010/11 P-600 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 Victoria Planned Community which is generally bounded by the 210 Freeway on the north, Etiwanda Avenue on the east, the 15 Freeway on the south east. The western portion of the District is bounded by Base Line Road on the South, while the eastern portion of the District is bounded by the 15 Freeway on the South. The westem portion of the District is bounded by Hermosa Avenue on the west and the eastern portion of the District is bounded by Rochester Avenue 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. Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga Fiscal Year 2010/11 '~ P-601 .. _.._.._.. _.._.._........_.._.._.._.. c"._.._.._.._.._.._.._.._.. _.._.._.. r. r :s a ~ `~ E/ m m u = V ° [(f m m _ ~ ~, ~ e ~ S w _. ~ ~ e ~ ~.~ I U y _______ _____________ _ ~ - -9 J ~ '_' • W SANTOLINA PL • • 1~U • w • u `~ ILLA ld w vk ,;lo _ a ORE a O -' rc ZZ i[ l 3 O O G ~ p ° ~~ , • I a~ ° ~ d' se u EOENAW ~ ~° E VN303~ 107 Yb• oz v w 6 e i~ ~ ¢ vk VMN ~ 2 ~ W PE H y tl w ~ vai F. p la b p' ~ ~ ~ r •'\. Ij w a ~ z V13 OW O:d~NOS` '- t5 41 tt YO O A OTl ILN W o ~ \ 1 ' 0 3d a N al 1 :• lV w a ° ld Sj •o • • •l3 j13370 AV ~, \ \, os~ z •~ • ~„ •\.•\ ~ 1d 36 HO N N '~ 4 ld O I 3NId m ~~•_ I ~. '\ ~~ ': ~ ° o v 6THAVEN P; z ] ~ ¢ , 'i x LL? ~ o G BE LAN P ¢ r ~ LAS ~; ~ a3153H00a a .I VII Nbl ¢ l ~ o }.~ ~ o O ~ i~ U •~ S O •p: '~ Id VINtll 7 ~ p l O1N ~ II 3 ~ ~ 0 i ` j ~L ~ 3~ ° " f ! ~ b u ~• T RNI i ~ L N d i PVC nom' y S 'J /~ t~ ~ iv y!1 O ld _ _ I N~1 (~ ~/~ F~ l ~ ~ i~ E I P ~ I ~ o ~ w+ V '~ ~ ~ ' vary r V ~ N ~ •~ ~ ~ o ~ ~ L 2 a x p° .~ \~ I y~~yy~{ ~~,/^~ __~._.___.__..~..T...- '~ ~{Fx ['. Ty viz ~ F.f f{t I~,q~ s.~.2F}6 4 I 4/ rE=`~~. ~.F E: ~.v~~ II _ ~ Y • ~+ r ~~ F ~,(c 1t"~ I t Fz kt { ~"I ~ft \C~ ! - r~z.a~E 1 i ' ~.~..._.....,~___~.._.,~.__..,. P-602 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 assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Estimated 2010/11 Bud et Personnel Services Regular Payroll $21,660.00 Part-time Salaries 0.00 Fringe Benefits 10 180.00 Subtotal Personnel $31,840.00 Operations and Maintenance Training $180.00 Membership Dues 30.00 Operations and Maintenance 9.940• Equipment Operations and Maintenance 0.00 Contract Services 14,670.00 Utilities Telephone Utilities 0.00 Electric Utilities 254,400.00 Assessment Administration 35.290.00 General Overhead 21,920.00 Interfund Allocation 16 290.00 Subtotal Operations and Maintenance $352,720.00 Capital Expenditures Capital Projects $0.00 Subtotal Capital Expenditures $0.00 Total District Expenditure Budget $384,560.00 Operating Reserve Contribution (51,410.00) Ooeralino Reserve Collection 0.00 Estimated Revenue $333,150.00 Actual Assessment per EDU -Fiscal Year 2010/11 $47.15 Maximum Allowable Assessment per EDU -Fiscal Year 2070!11 $47.15 The maximum allowable assessment per EDU 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 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 Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga Fiscal Year 2010/11 P-603 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $983.222.33 Operating Reserve Contribution -Fiscal Year 2010/11 (51,41 D.00) Operating Reserve Collection -Fiscal Year 2010/11 0.00 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance $931,812.33 '. Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Reoular Salaries: This item includes the costs attributed to the salaries of all fu!I-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: GIS services for maintaining the street lights and traffic signals database. This is a combination of field and office work and is split evenly between all of the City's Street Light Maintenznce Districts. Membership Dues: ISMA Certification. The cost is split evenly between all of the City's Street Light and Maintenance Districts. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the street lights and traffc signals. 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 departments and staff 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 assessment district within the City's administrative structure. Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga Fiscal Year 2010/11 P-604 InterFund Allocation: This item is for night time field verification of street lights working and daytime matching of pole numbers against invoices received to ensure accurate billing. The budget is divided evenly between all of the City's Street Light Maintenance Districts. Capital Expenditures: Capital Projects: 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 or replacement street lights or traffic signals and appurtenant facilities. Operating Reserve Collection: Ooeratino Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yeady maintenance costs. This may include, but is not limited to, street light or traffic signal replacements, repair of damaged improvements due to vandalism, storms and other similar events. Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga Fiscal Year 2010/11 P-605 METHOD OF ASSESSMENT General 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 maybe apportioned by any formula or method which fairly distributes the net amount among all assessable tots 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]." 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' (Sec. 22574). 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 216, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. 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 Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga Fiscal Year 201 D/11 P-606 providing for safe vehicular and pedestrian access for 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 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. Mefhod 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 identifed parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed in 1982, 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 the 1996/97 Fiscal Year. Further, no parcel included in the District formation or annexations prior to when the language was reined, 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. Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga 10 Fiscal Year 2010/11 P-607 Land_Use Equivalent Dwelling Units Pro ert T e Count Use Code EDU Value Multi lier Single Family Residential 1.00 Parcel Multi-family Residential 1.00 Unit Non Residential 2.00 Acre Vacant 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 bean 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. The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate er EDU Actual Assessment Rate per EDU Total Units/Acres Total EDUs Single Family Residential $47,15 $47.15 6,271 6,271 Multi-family Residential 47.15 47.15 589 589 Non Residential 47.15 47.15 240.71 481.42 Vacant 47.15 47.15 12.77 25.54 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. Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga 11 Fiscal Year 2010/11 P-608 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. Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-609 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010!11 is listed on the following pages. The following tables summarize the Fiscal Year 2010!11 maximum and actual assessments for the District: Property Type Coun Use Code Maximum Allowable Assessment Rate per EDU Total Units/Acres Total EDUs Maximum Allowable Assessment Single Family Residential $47.15 6,271 6,271 $295,677.65 Multi-family Residential 47.15 589 589 27,771.35 Non Residential 47.15 240.71 481.42 22,698.95 Vacant 47.15 12.77 25.54 1,204.21 Property Type County Use Code Actual Assessment Rate oer EDU Total Units/Acres Total EDUs Actual Assessment Single Family Residential $47.15 6,271 6,271 $295,677.65 Multi-family Residential 47.15 589 589 27,771.35 Non Residential 47.15 240.71 481.42 22,698.94 Vacant 47.15 12.77 25.54 1,204.21 Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga 13 Fiscal Year 2010/11 M w V .~ w y ^~ W ~~ C .~ .~ J y.r w ! ny ua~!p!W c 0 N ny epuenvl3 i I ny ~aisayooa i- ..... ny uaneH ~---_...__........ ny esow~aH € i ny Pie9!4o~'d ~ __ ___ i ny uewllaH i -- € i iS ue!lawe~ ; -- -- .._..- V) d' C N ~ ~_ C N m e~ ga r U 2 -- ny /we4~ D: N C J [O ~ N L ?~ ~ Q O m ~ ti Q i i ~ ~ m c .C J T ~ Vi LD J (h t] = U N ~ ~. ~ ~,,r r-o~€ ~~ 0 0 N N O ny lse3 ~ v j i ny ~alsayoob _ i _..; .......-. s n ua i i ...... ___ ~ ~ d ~LILW ___ _ .- jny uaneH i €.ny esow~aH 6 -._...-_ _~ . __._o jnd Pley!4oit/ i -....~~.•~ ny uewllaH ~•• ~ L ~ '= V ny p e~(au~ !' Ea in ~ •in €?~fpF $aF~ xp p L„ O aD ~iF nE9~}~8$HL O ~ Ei?~~~.5~'gEBppgg~ LL &y'~~Pg ~~ ~axSy ~~~~Yi~~~€~$ @8 1 gg.gg. E Sip@°,3 i~p~~aa a€C { i°`~nj3Sp~~g kxEieEd¢;'F ~i P-611 Annual Engineer's Report Fiscal Year 2010/2011 City of Rancho Cucamonga Street Lighting Maintenance District No. 4 (terra !lists Planned Community) P-612 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P-613 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment ............................................................................................. 3 Process for Annual Assessment ................................................................................ 3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District .............................................................. 5 Description of Improvements and Services ............................................................... 5 Map of Improvements ................................................................................................ 5 ESTIMATE OF GOSTS 6 District Budget ........................................................................................................... 6 Definitions of Budget Items ........................................................................................ 7 METHOD OF ASSESSMENT 9 General ...................................................................................................................... 9 Special Benefit ........................................................................................................... 9 General Benefit ........................................................................................................ 10 Method of Assessment Spread ................................................................................ 10 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL 13 P-614 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. _, 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 NBS to prepare and file an Engineer's Report for Fiscal Year 2010/11 pursuant to the requirements of the 1972 Act. The 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 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 fhe assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. SUMMARY OF ASSESSMENT Fiscal Year 2010111 Personnel Costs $31,640.00 Operations & Maintenance Costs 179,500.00 Capital Expenditures 250,000.00 Reserve Fund Contribution (290 41000) Estimated Costs and Expenses $461,340.00 Actual Assessment per EDU $26.96 Maximum Allowable Assessment per EDU $28.96 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this 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 Engineer's Report. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga 1 Fiscal Year 2010/11 P-615 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. Nc 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 benefts from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram 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. Mark Steuer, City Engineer Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga 2 Fiscal Year 2010/11 P-616 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 repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process forAnnua/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 assessment 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 assessment 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 assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment 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 fo 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 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 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment 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 specifed in Article XIII D and Proposition 218. The voters in Street Lighting Mainfenance District No. 4 -City of Rancho Cucamonga 3 Fiscal Year 2010/11 P-617 the State of California in November 1996 added Article XIII D to the Califomia 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIII D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga 4 Fiscal Year 2010!11 P-618 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 generally bounded by Haven Avenue on the west, Baseline Road on the north, Foothill Boulevard on the south and Rochester Avenue 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. Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga Fiscal Year 2010/11 __......., . -i,-_..- _... _.. ~_._----.-...__._ r ___-CL:. _] --__--_ __ _ c • ~~N I ) ~' ld JOlONIN e• ~~ u J ~ ~ ~ 0 ~ ¢ s ". o _ Pv ~ 1 ^V I ~ • 2a P m 7 ~~qq 4 o • d. 2' W w ~ ~ O~ -~ ' ` __ 1 ~ ~ d b bM O ~ ~-..` .I K V I - O 0 ' / ~ N N - ~ O I .» ~ -~ 'i SrOO e ~ 1 i ~ m ~ t ~, ' l _I ® ' . ~ ~ _ ~ e • AV N3> p~ V ~ q~Yq~ /perq~ ~ • ~ •\V •y ' _.J ~ L i • • )I pp~~p~~ r ~ Eli, P V/ $ o p •o ~° ~ ~ 3 ~ ~ i 2 • - • ~ m ~ ~ ~ •-~"1' 1d M314~N •l0 • °. W I • f • W ~ • ~ • ~ +~+ ~ ~ ~ ~ ~ •o ~ ~ ° ,N w . 0 5 w j (~ ~ • • ~ • e • A•30~d5° s . g~ if ~, I • O Id AL~BxO U g • ~ I I z B i ~ ~. • a . ~ >y \ o ~ -~ I x N` P'~~ \ \ ~Y f ~ ' 0 pYB EpK • . i z • MEADOW ~~ ."tl bJA-e ' tt nv ~ ~S ,.V AVI J ip I f ;w I o e •ld a s _i i..-... ---- -- P-619 • ROCHESTER . ~ e • • ld-dl • ` o C ~. W fl.e#~ f N <<'~iit ~'~!1 i~ 4 ~}: Ef 't rt <<j s_ E il' ~~Pt4kf i ~ ftr ~~ is Ci ~~ ~~~# !'~i;= III •~~ a }i~kk~~ij",3 iji r~? {I `~ -- '---'--~--'-~-~-'--° --°--°~-°-----;i P-620 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 assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District B Estimated 2010/11 Bud et Personnel Services - Regular Payroll $21,660.00 Part-time Salaries 0.00 Fringe Benefits 10.180.00 Subtotal Personnel $31,840.00 Operations and Maintenance Training $180.00 Membership Dues 30.00 Operations and Maintenance 4,940.00 Equipment Operations and Maintenance 500.00 Contract Services 14,670.00 Utilities Telephone Utilities 0.00 Electric Utilities 127,200.00 Assessment Administration 21,050.00 General Overhead 10,930.00 Intertund Allocation 0.00 Subtotal Operations and Maintenance $179,500.00 Capital Expenditures Capital Projects $250.000.00 Subtotal Capital Expenditures 5250,000.00 Total District Expenditure Budget $461,340.00 Operating Reserve Contribution (290,410.00 Operating Reserve Collection 0.00 Estimated Revenue $170,930.00 Actual Assessment per EDU -Fiscal Year 2010!11 $28.96 Maximum Allowable Assessment per EDU -Fiscal Year 2010/11 528.96 The maximum allowable assessment per EDU 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 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 Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga Fiscal Year 2010/11 P-627 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $781,379.36 Operating Reserve Contribution -Fiscal Year 2010!11 (290,410.00) Operating Reserve Collection -Fiscal Year 2010/11 0.00 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance $490,969.36 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget Personnel Services Regular Salaries: This item includes the costs attrib~!ted to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: GIS services for maintaining the street lights and traffic signals database. This is a combination of field and office work and is split evenly between all of the City's Street Light Maintenance Districts. Membership Dues: ISMA Certification. The cost is split evenly between all of the City's Street Light and Maintenance Districts. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the street lights and traffic signals. 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 departments and staff 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 assessment district within the City's administrative structure. Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga Fiscal Year 2010/11 P-622 Interfund Allocation: This item is for night time field verification of street lights working and daytime matching of pole numbers against invoices received to ensure accurate billing. The budget is divided evenly between all of the City's Street Light Maintenance Districts. Capital Expenditures: Capital Projects: 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 or replacement street lights or traffic signals and appurtenant facilities. Operating Reserve Collection: Operating Reserve Collection: This Rem includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not ihcluded in the yearly maintenance costs. This may include, but is not limited to, street light or traffic signal replacements, repair of damaged improvements due to vandalism, storms and other similar events. Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga Fiscal Year 2010/11 P-623 METHOD OF ASSESSMENT General 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 maybe apportioned by any formula or method which fairly distributes the net amount among all assessable lots orparcels 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 paroel 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 Californiaj" 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" (Sec. 22574). 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. 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 beneft 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 Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga Fiscal Year 2010/11 P-624 providing for safe vehicular and pedestrian access for 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 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 in 1984, Article Xlll 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 the 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 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. Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga 10 Fiscal Year 2010/11 P-625 Land-Use Equivalent Dwelling Units Pro ert T e Count Use Code EDU Value Multi lier Single Family Residential 1.00 Parcel Multi-family Residential 0.50 Unit Non Residential 2.00 Awe Vacant 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 bean 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. The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Pro,^,erty Tyr (County Use Code) Maximum Allowable Assessment Rate er EDU Actu21 Assessment Rate per EDU Totai UnitsfAcres Total EDUs Single Family Residential $28.96 $28.96 2,652 2,652 Mufti-tamilyResidential 28.96 28.96 4,341 2,170.5 Non Residential 28.96 28.96 191.52 383.04 Vacant 28.96 28.96 55.14 110.28 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 beneft received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga 11 Fiscal Year 2010/11 P-626 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. Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-627 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010/11 apportioned to each lol or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010/11 is listed on the following pages. The following tables summarize the Fiscal Year 2010111 maximum and actual assessments for the District: Property Type Count Use Code Maximum Allowable Assessment Rate er EDU Total Units/Acres Total EDUs Maximum Allowable Assessment Single Family Residential $28.96 2,652 2,652 $76,BD1.92 Multi-family Residential 26.96 4,341 2,170.5 62,857.68 Non Residential 28.96 191.52 383.04 11,092.84 Vacant 28.96 55.14 110.28 3,193.70 Property Type (Coup Use Code Actual Assessment Rate er EDU Total Units/Acres Total EDUs Actual Assessment Single Family Residential $28.96 2,652 2,652 $76,801.92 Multl-family Residential 28.96 4,341 2,170.5 62,857.68 Non Residential 28.96 191.52 383.04 11,092.84 Vacant 28.96 55.14 170.28 3,193.70 Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga 13 Fiscal Year 2010111 P-628 `1.r V ~- `FJ ,y 0 ^~ W y^~ i .~ Z: J i Vv y ny ua~!II!W C N ny epuenn!;3 ~aa~~ nep ny ~a;sayooa ny uaneH -- ~ i n esow~a i ~~. _ .- H H t ~ i i ;` ny uewllaH i ~~....._..;. --...... 1S ue!lawe~ ~ _L_......_....--- ~ _ ~ ~ D: C ~ R D C N N c [o 4 si ~'s U -- ny lwa4~ N C J m ~ N N L 3 ~ p O CD ,~ LL U1 .~ J 0 C U V1 d a~ y.r \J J N d ® N O 0 oN N O _ .. ~..~1 i nb' ise3 i I ® ~ ~ ~ ~ n t ,r c }.. ._..... _ . ' _.._.._ -- ~. /~ I i ; ny epuenn43 ny ~a;sayooa 6 s 1 ny ua~yi!W ~a ~M~...° d ~ ~ ~ c t J ~ ~ .-~ y m m °-- r_ ~ 'n uane I d H j i _.. .--ti .ny esow~aH i a _ ~ i enb' Pley!4o~`d I ~ i .__.."~'__ .. _i_..__....._.........._.._._ y.~ ~ ~• ~ ny uewllaH /t~ L t ~. `v ny p~e~(au~ a a.!_.._...t.._ ._. ny anal m ~ ~~ -_ ~ L = O a0 O Q LL P-629 Annual Engineer's Report fiscal `dear 20'10~20'I'I City of Rancho Cucamonga Street Lighting Maintenance District No. 5 (Caryn Planned Community) P-630 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 5 (CARYN PLANNED COi'JiMUNITYj 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Pubtic Works Director JeY Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P-631 TABLE OF CONTENTS ENGINEER'S LETTER INTRODUCTION 1 3 Reason for Assessment .............................................................................................3 Process for Annual Assessment .................................................................................3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District ...............................................................5 Description of Improvements and Services ................................................................5 Map of Improvements .................................................................................................5 ESTIMATE OF COSTS 6 District Budget ............................................................................................................6 Definitions of Budget Items .........................................................................................7 METHOD OF ASSESSMENT 9 General .......................................................................................................................9 Special Benefit ...........................................................................................................9 General Benefit ........................................................................................................10 Method of Assessment Spread ................................................................................10 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL 13 P-632 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. , 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 NBS to prepare and file an Engineer's Report for Fiscal Year 2010111 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 2010/11 Personnel Costs 59,950.00 Operations 8 Maintenance Costs 70,750.00 Capital Expenditures 0.00 Reserve Fund Contribution t37 440.00) Estimated Costs and Expenses 560,700.00 Actual Assessment per EDU 534.60 Maximum Allowable Assessment per EDU 534.60 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this Engineer's Report (the "Specially Benefited Parcels"). Far particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Engineer's Report. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga 1 Fiscal Year 2010/11 P-633 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 benefts from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Engineer s Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram 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. Mark Steuer, City Engineer Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga 2 Fiscal Year 2010/11 P-634 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 repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include 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 assessment 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 assessment 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 assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment 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 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 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment 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 Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga 3 Fiscal Year 2010/11 P-635 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 dr increase in such assessment. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity [o address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIII D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve'the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga 4 Fiscal Year 2010!11 P-636 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 Caryn Planned Community, which is generally bounded by Milliken Avenue on the west, Banyan Street on the north, Highland Avenue on the south and Rochester Avenue 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 cos[ effective materials, in order to lower expenses of the District. Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2010/11 e V ~ N N U ~I a `mq • I ~ I la ~ ~ t r~ nd Nno • ; a ~ i ¢ • O a U' • z a m• • o o• F a=isaNOON. C N ~ o ~ • O W dd $ e 7 F '- 2 ri a o > ~ Bt O ~ ~{ W W N ~ W Q ~ .. Z Z ~ r- ~ f . rc o f ~ z• `Mr O m z "i' • ~ t L • - U~ 3 ~ • W o_ • Q a a r 1 L ° • o • o r ~ ~ ~ ;s ~ w U • u • • ~ p~ 1 - ~ l 6 U W O I I N: ^, _N C G w • • y LL i Y W U N v V ~ w w_ ~ • ? [E ~; N • • O I- '• /~/~ ~ ~ • `: s /ice ~ I U • V ~ ~ .~ _ y :.. W S ~ U • r ~ ~ ": • ¢ -.I i+ V -'--------------- ~ °'~ I fi (7 ~ z W U ^"/ W s ~ ~ ~ ~ a ~4 ~~ ~ ~ o ~ LLL g¢ '~ z • F °~ ? r F ~ Z rJ • I" • I ~ .a G ~ °' a ~ - ~ • w w ir o z W A ~U ¢ is ~ • o w o r ~' ¢ r m U f w, a_1 i W x O~y/~ v ~ ¢ I1, ~ ` yy~ W A ~ I ~ ~ t ~ k d 5 /~//~~ ~~ m U a d fid Q N w V/ ~ m - ~ 4 z L 7 ~ ~ cwn • V ~ ~; a a __ /V/~~ z ntl N3NIllIW I G1 5 Mr .~~d NI OS O~ l OMi13 /d • Py- ~b O J • • • 4 D y ~ N • r • _ ~ c' 1~#f °'' N • dN3 b 4~¢3 I12{{[i~{'S!a l NIN210W l0 0~3W ~'~S ..S'3 ~fj~ ti1 2{~ fi E! ~, ~~ `~ e:~~~~~~1~`i~~~~s ttEE ' ~~`~ F~Ef~t~~Ei¢=ix '{ P-638 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 assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Estimated 2010!11 Bud et Personnel Services Regular Payroll $6,770.00 Part-time Salaries 0.00 Fringe Benefits 3.180.00 Subtotal Personnel $9,950.00 Operations and Maintenance Training $180.00 Membership Dues 30.00 Operations and Maintenance 7,440.00 Equipment Operations and Maintenance 0.00 Contract Services 0.00 Utilities Telephone Utilities 0.00 Electric Utilities 53,000.00 Assessment Administration 7,020.00 General Overhead 3,080.00 Intertund Allocation 0.00 Subtotal Operations and Maintenance $70,750.00 Capital Expenditures Capital Projects $0.00 Subtotal Capital Expenditures $0.00 Total District Expenditure Budget $60,700.00 Operating Reserve Contribution ~ (37,440.00) Ooerating Reserve Collection O.OD Estimated Revenue $43,260.00 Actual Assessment per EDU -Fiscal Year 2010111 $34.60 Maximum Allowable Assessment er EDU -Fiscal Year 2010/11 534.60 The maximum allowable assessment per EDU 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 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 Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2010/11 P-639 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $92,897.36 Operating Reserve Contribution -Fiscal Year 2010/11 (37,440.OD) Ooeratina Reserve Collection -Fiscal Year 2010/11 0.00 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance $55,457.36 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Reoular Salaries: This item includes the casts attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: GIS services for maintaining the street lights and traffic signals database. This is a combination of field and office work and is split evenly between all of the City's Street Light Maintenance Districts. Membership Dues: ISMA Certification. The cost is split evenly between all of the City's Street Light and Maintenance Districts. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the street lights and traffic signals. 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 engineers 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 departments and staff 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 assessment district within the City's administrative structure. Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2010/11 P-640 Interfund Allocation: This item is for night time field verifcation of street lights working and daytime matching of pole numbers against invoices received to ensure accurate billing. The budget is divided evenly between all of the City's Street Light Maintenance Districts. Capital Expenditures: Capital Projects: 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 or replacement street lights or traffic signals and appurtenant facilities. Operating Reserve Collection: Operating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will,contirue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yeady maintenance costs. This may include, but is not limited to, street light or traffic signal replacements, repair of damaged improvements due to vandalism, storms and other similar events. Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2010/11 P-641 METHOD OF ASSESSMENT General 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 maybe 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 shat! be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) (of the Streets and Highways Code, Sfate of California]." 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" (Sec. 22574). 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. 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 Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga 9 Fiscal Year 2010111 P-642 • providing for safe vehicular and pedestrian access for 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 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. Genera! 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 in 1986, 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 the 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 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. Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga 10 Fiscal Year 2010111 P-643 Land-Use E uivalent Dwellin Units Pro e T e Coun Use Code EDU Value Multi tier Single Family Residential 1.OD 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 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. The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Maximum Allowable Property Type Assessment Rate Actual Assessment Total Total (County Use Coded er EDU Rate per EDU UnitslAcres EDUs Single Family Residential $34.60 $34.60 1,273 1,273 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. Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga 11 Fiscal Year 2010/11 P-644 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. Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-645 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010/11 is listed on the following pages. The following tables summarize the Fiscal Year 2010/11 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable Count Use Code er EDU UnitslAcres EDUs Assessment Single Family Residential $34.60 1,273 1,273 $44,045.80 Actual Property Type Assessment Rate Total Total Actual Coun Use Code er EDU Units/Acres EDUs Assessment Single Family Residential $34.60 1,273 1,273 $44,045.80 Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga 13 Fiscal Year 2010111 V .~ .` wG W •f.~ ._ -.~ w L r.+ ny ua~!11!W ny uaneH ny esow~aH nt/ PIe4!yo~V ny uewllaH 3S ue!lawe~ ~~ .x. s x ny ~alsayooa 9 1 ny ua~!II!W ~~ ^~ 0 ® ~ 0 No N O _~ _~ ~- - ---_ _-r ~ ony uaneH i i ~ -- - - ~__ ~ _ .. .. ; ny esow~aH ' r _o _f._~ ~--........ _ ..._r ,; 1 ~ i ~ o e ~. ;..... ~_ ,_. ~_ L....... _ r ... .. ~,,.•• ~ ny uewllaH I ~ ~ ~• ~ ~, !' I i ,.. ~........._ ~ ny p~e~tau!n i f- - ~ s 5 '', ~ •~,- ~ ~ _. °'t.7 ~.._..d.._ _'~ ny anal fn4ati~~~€~€}~ •'•• ~ .. - •~ ~aa ~B ~It 04 • ~ Lnr ~ ICY a 1•~ ~ ~ W It aS>` $€yF v c ~~SE Gi ip%~@;€ m 8~6 ~~~yE_~1~~s s.~$99 ~.¢Ea ;aa ~yy 'aE "fq@°pdfo~~5 n•aeE 1 E~ry'nQ.., t[~.8 E dP: &Y£~a2lE r-u4e c 0 N -- ny rCuay~ N C J m ~ N N s 3 ~ o o] g a~ Q E ~ ~ C U ~ ~ ~: J yr lse3 in t v •- ny epuenn!13 ny epuenn!13' i B ~aa~~ Xeo' -----.. ny ~alsayooa P-647 Annual Engineer's Report Fiscal Year 2010/2011 City of Rancho Cucamonga Street Lighting IVlaintenance District No. 6 (Commercial/Industrial) P-648 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 6 (COMMERCIAUINDUSTRIAL) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P-649 TABLE OF CONTENTS ENGINEER'S LETTER INTRODUCTION 1 3 Reason for Assessment .............................................................................................3 Process for Annual Assessment .................................................................................3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District ...............................................................5 Description of Improvements and Services ................................................................5 Map of Improvements .................................................................................................5 ESTIMATE OF COSTS G District Budget ............................................................................................................6 Definitions of Budget Items .........................................................................................7 METHOD OF ASSESSMENT 9 General .................................................................................................:.....................9 Special Benefit ...........................................................................................................9 General Benefit ........................................................................................................10 Method of Assessment Spread ................................................................................10 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL 13 P-650 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. _, 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 NBS to prepare and file an Engineer's Report for Fiscal Year 2010/11 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 2010111 Personnel Costs $31,840.00 Operations 8 Maintenance Costs 121,580.00 Capital Expenditures 0.00 Reserve Fund Contribution (26,690.00) Estimated Costs and Expenses $153,420.00 Actual Assessment per EDU $51.40 Maximum Allowable Assessment per EDU $51.40 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this 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 Engineer's Report. 1. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: Street Lighting Maintenance District No. 6-City of Rancho Cucamonga 1 Fiscal Year 2010/11 P-651 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 Engineers Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram 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. Mark Steuer, City Engineer Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga 2 Fiscal Year 2010/11 P-652 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 repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include 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 assessment 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 assessment 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 assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment 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 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 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment 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 Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga 3 Fiscal Year 2010/11 P-653 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public•hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIII D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga 4 Fiscal Year 2010!11 P-654 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 Boulevard on the north, 4~" Street on the South, East Avenue on the east and Grove Avenue 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 [o use cost effective materials, in order to lower expenses of the District. Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. 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I I I ~I ,.y Mnr, I.- I. ~' I I ~ J i ~. __ s.a,p~,.,i , ~ - I I ., I _; ~ ~ j'' "' -- ' ~ ; ; I I ' i _' III ~,,,~s. i I ~. ,F ~! -- ~ II ~ F~ a 1 I ; I m r c l~ F~ ('~ F T'FF I: ~~E2~7 , NJ t i F r ~e i -- { - ~ I;___..._..~__._. _._._._._~_r._-___.~ P-656 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 assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. Disfrict Estimated 2o1on1 Bud et Personnel Services Regular Payroll $21,660.00 Part-time Salaries 0.00 Fringe Benefits 10.180.00 Subtotal Personnel $31,840.00 Operations and Maintenance Training $180.00 Membership Dues 30.00 Operations and Maintenance 6,940.00 Equipment Operations and Maintenance 400.00 Contract Services 14,670.00 Utilities Telephone Utilities 0.00 Electric Utilities 84,800.00 Assessment Administration 5,480.00 General Overhead 9,080.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $121,580.00 Capital Expenditures Capital Projects 0.00 Subtotal Capital Expenditures $0.00 Total District Expenditure Budget $153,420.00 Operating Reserve Contribution (26,690.00) Cperating Reserve Collecticn 0.00 Estimated Revenue ~ $126,730.00 Actual Assessment per EDU -Fiscal Year 2010111 $51.40 Maximum Allowable Assessment per EDU -Fiscal Year 2010/11 $51.40 The maximum allowable assessment per EDU 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 fscal 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 Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga Fiscal Year 2010111 P-657 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $365,526.56 Operating Reserve Contribution -Fiscal Year 2010/11 (26,690.00) Operatino Reserve Collection -Fiscal Year 2010111 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance $329,636.56 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget Personnel Services Reoular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: GIS services for maintaining the street lights and traffic signals database. This is a combination of field and office work and is split evenly between all of the City's Street Light Maintenance Districts. Membership Dues: ISMA Certification. The cost is split evenly between all of the City's Street Light and Maintenance Districts. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the street lights and trafFc signals. 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 departments and staff 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 assessment district within the City's administrative structure. Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga Fiscal Year 2010/11 P-658 Inteffund Allocation: This item is for night time field verification of street lights working and daytime matching of pole numbers against invoices received to ensure accurate billing. The budget is divided evenly between all of the City's Street Light Maintenance Districts. Capital Expenditures: Capital Projects: 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 or replacement street lights or traffic signals and appurtenant facilities. Operating Reserve Collection: Operatino Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, street light or traffic signal replacements, repair of damaged improvements due to vandalism, storms and other similar events. Street lighting Maintenance District No. 6 -City of Rancho Cucamonga Fiscal Year 2010/11 P-659 METHOD OF ASSESSMENT General 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 fo be received by each such lot or parcel Irom 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 191 f (Division 7 (commencing with Section 5000) (of the Streets and Highways Code, State of California]." 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" (Sec. 22574). 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 beneftis assessed. 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 Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga Fiscal Year 2010/11 P-660 • providing for safe vehicular and pedestrian access for 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 were installed and are maintained specifically for the properties within the District; only properties within the District receive a special beneft 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 beneft 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 beneft 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 in 1987, 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 the 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 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. Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga 10 Fiscal Year 2010/11 P-661 Land-Use E uivalent Dwellin Units Pro ert T e Coun Use Code EDU Value Multi lier Non Residential 1.00 Acre Vacant 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 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. The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual (County Use Code) Assessment Rate Assessment Rate Total Total er EDU er EDU Units/Acres EDUs Non Residential $51.40 $51.40 2,473.39 2,473.39 Vacant 51.40 51.40 0 0 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. Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga 11 Fiscal Year 2010/11 P-662 ASSESSI~IIENT 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. Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-663 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010111 is listed on the following pages. The following tables summarize the Fiscal Year 2010/11 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable Coun Use Code er EDU Units/Acres EDUs Assessment Non Residential $51.40 2,473.39 2,473.39 $127,132.24 Vacant 51.40 0 0 0.00 Actual Property Type Assessment Rate Total Total Actual Coun Use Code er EDU Units/Acres EDUs Assessment Non Residential $51.40 2,473.39 2,473.39 $127,132.24 Vacant 51.40 0 0 0.00 Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga 13 Fiscal Year 2010/11 P-664 ~ ~ v.A ~ ~ V + E y J (p Q c 6 ~ U N '~ V 9...... ~ e ny /~a4~ d ^: m ~ o v J y o . ~ i j .~ N C NNO N G1 ~ N = _ ~ w e f '~ ~ ~ m m ~ o 3 0 ., ~ , ......... - o Q ~ n se d l 3 in ,,,, ~ ~ ~ ®I ~ i ny epuenn!;3! ... _. _ i i _._._ . . _, _ ny epuen~!33 ~ ~ , ~- __ ~ ~8 ~ae~~ Rep j ~_.._.._.._.._.._.._..i ny ~aisayooa _' .....__..' ny ~a;sayooa ti ~ .. ~ , ny ua~!II!W f._.._.._.._.._. ~ ny ua~!II!W ny uaneH I ny uaneH ny esow~aH ~ ny esow~aH nb' pieq!4o~F1 n`d pleq!yo~H ny uewpaH ~ ny uewllaH ~ s r ~ ny p~e~(au!/~ 1S ueyawe~ ~~~~gPF£ge~; ~99d i ~ In c 00 ~ (n nyana~ F.g S~e'§~~~~~8~ [EE~g a s ~ O ~ p a $p p~f~b ~ ~g g3 _ .o ~ iT N ~ w °o Q B 7 y €E~~`~~i4p~`~ 4 ~ c ~] tL p p tFF{`{~~4 Ei pgapg'Sy5y~~3`Y ~~ 'O C N m ~fi~~ YYflEF~ ~gggg' pq~ 'C Aga ~~pE Fyiis E~~~ ` ss ~~ U ~¢ g~~8g age ~~~~ S apa~ ¢~ ~ , W ~ ~3 ~ 6 ~iE ;2€~ ~ .v V a A P-665 Annual Engineer's Report Fiscal Year 2010/2011 City of Rancho Cucamonga Street Lighting Maintenance District No. 7 (North Etiwanda) P-666 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA} 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P-667 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment .............................................................................................3 Process for Annual Assessment .................................................................................3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District ...............................................................5 Description of Improvements and Services .....................................:..........................5 Map of Improvements .................................................................................................5 ESTIMATE OF COSTS IS District Budget ............................................................................................................6 Definitions of Budget Items .........................................................................................7 METHOD OF ASSESSMENT 9 Genera I ....................................................................................................................... 9 Special Benefit ...........................................................................................................9 General Benefit ........................................................................................................10 Method of Assessment Spread ................................................................................10 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL 13 P-668 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. _, 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 NBS to prepare and file an Engineer's Report for Fiscal Year 2010111 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 2010/11 Personnel Costs $31,840.00 Operations 8 Maintenance Costs 229,920.00 Capital Expenditures 0.00 Reserve Fund Contribution (159.670.00) Estimated Costs and Expenses $261,760.00 Actual Assessment per EDU $33.32 Maximum Allowable Assessment per EDU $33.32 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this 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 Engineer's Report. 1. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: Street Lighting Maintenance District No. 7-City of Rancho Cucamonga 1 Fiscal Year 2010/11 P-669 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 Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram 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. Mark Steuer, City Engineer Street Lighting Maintenance District No. 7 -City of Rancho Cucamonga 2 Fiscal Year 2010/11 P-670 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 [his Engineer's Report. Maintenance may include but is not limited to, all of the following: the repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include 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 assessment 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: o Declares the intention of the City Council to levy and collect assessments within the assessment 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 assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment 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 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 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment district, and the proposed diagram or the proposed assessment. The Ciry 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 Street Lighting Maintenance District No. 7-City of Rancho Cucamonga 3 Fiscal Year 2010/11 P-671 the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the Ci[y 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice°), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the'Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIII D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Street Lighting Maintenance District No. 7-City of Rancho Cucamonga 4 Fiscal Year 2010/11 P-672 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 Avenue 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. Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2010/11 N Z .6d ® 3 L Q i~ ..~ ~ ''I ~ 'i ~ ~ V ~ ~ ,~ ~ , ~ ~ a~.+ V •~ i... ~~ .~ `i }}~~~~ I V^I i~ ~_ y ~ ..,~ ~ .p.~ w pp~~ ~d • a ~ ~ O 2' ~ N O: U: Q U ~ ~ ~ N ~ m J -~ ^_I , ~ ~ O1 ~ -~ ;~ I ___ _ ~. __ / . ~. ~ _ ~ ~ ~t~`` l ;( ~ '~ ~ ~ K Z \ ~ V \ ~~kk ¢' ` ~ i W \ 1y f~ d = ~, ~ .~ 1 Z `. I I Z { \~~~ o , ~ ~~\~y o I ~.~ ', i ~ ~ '\ j ~,, ,,.,... .,.;. I _~..._I 't ~ I; ~., 11 { I i ~~ ' ~' E t t ~ ' I L _i ! r I i r m t a I .. i { t c ~ ~ i U I i__ 3,..-a m r ~_ i _ ~ _. _~ I jI ~ ~ j ~ i 1 ~ 3 I ~! , I y ~ I f i i.' ~ ~ 1. ~ j W ~ ~_. t 113 ~ I 1 t, 1RE BLOS 3 ;, t I t LL i I . ~ Ie~.~! N ~ I t I ~ s ~ ld 00 l OI a i I ~ ~ ~~ ~~ I I ~i ld C Li0 ~ i! 'i i~ , l A2J fi ', ~~ . ~~ ~ .. J !I i U 1~ 0 l SOl ~; ._. j ~-~ U Jyr j i ~I ~ ,I r~.tlt# ~ , f ij~; ,E:l;~~~y i ti.~ ~i~ li:~t; P-674 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifcations are summarized below. Each year, as part of the assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Estimated 2010N 1 Bud et Personnel Services Regular Payroll 521,660.00 Part-time Salaries 0.00 Frinae Benefits 10.180.00 Subtotal Personnel $31,840.00 Operations and Maintenance Training $180.00 Membership Dues 30.00 Operations and Maintenance 4,940.00 Equipment Operations and Maintenance D.00 Contract Services 14,670.00 Utilities Telephone Utilities 0.00 Electric Utilities 169,600.00 Assessment Adminisiration 17,180.00 General Overhead 7,030.00 Interfund Allocation 16.290.00 Subtotal Operations and Maintenance $229,920.00 Capital Expenditures Caoital Projects Subtotal Capital Expenditures $0.00 Total District Expenditure Budget $261,780.00 Operating Reserve Contribution (159.670.00) Operating P.eser•e Collection 0.00 Estimated Revenue $102,090.00 Actual Assessment per EDU -Fiscal Year 2010/11 $33.32 Maximum Allowable Assessment per EDU -Fiscal Year 201011 t $33.32 The maximum allowable assessment per EDU 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 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 Street Lighting Maintenance District No. 7 -City of Rancho Cucamonga 6 Fiscal Year 2010/11 P-675 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $307,422.64.64 Operating Reserve Contribution -Fiscal Year 2010/11 (159.670.00) Ooeratina Reserve Collection -Fiscal Year 2010/11 0.00 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance $147,752.64 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Reoular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Frinoe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: GIS services for maintaining the street lights and traffic signals database. This is a combination of field and office work and is split evenly between all of the City's Street Light Maintenance Districts. Membership Dues: ISMA Certification. The,cost is split evenly between all of the City's Street Light and Maintenance Districts. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the street lights and traffic signals. 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 departments and staff 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 assessment district within the City's administrative structure. Street Lighting Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2010/11 P-676 Interfund Allocation: This item is for night time field verification of street lights working and daytime matching of pole numbers against invoices received to ensure accurate billing. The budget is divided evenly between all of the City's Street Light Maintenance Districts. Capital Expenditures: Capital Projects: Thls item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new or replacement street lights or traffic signals and appurtenant facilities. Operating Reserve Collection: Ooerating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, street light or traffic signal replacements, repair of damaged improvements due to vandalism, storms and other similar events. Street Lighting Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2010/11 P-677 METHOD OF ASSESSMENT General 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]." 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" (Sec. 22574). 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. 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 Street Lighting Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2010/11 P-678 providing for safe vehicular and pedestrian access for 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 specifc 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 i[ 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 in 1990, 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 oassage of the Assessment Law, the description of the method of assessment became more refined, however, the assessment per parcel has remained the same since the 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 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. Street Lighting Maintenance District No. 7 -City of Rancho Cucamonga 10 Fiscal Year 2010/11 P-679 Land-Use E uivalent Dwellin Units Pro e T e Coun Use Code EDU Value Multi lier 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. The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate er EDU Actual Assessment Rate per EDU Total UnitslAcres Total EDUs Single Family Residential $33.32 $33.32 3,121 3,121 Multi-family Residential 33.32 33.32 0 0 Non Residential 33.32 33.32 0 0 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. Street Lighting Maintenance District No. 7 -City of Rancho Cucamonga 11 Fiscal Year 2010/11 P-680 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 Tines 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. Street Lighting Maintenance District No. 7 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-681 ASSESSMENT ROLL The assessment roll is a listing of the assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010/11 is listed on the following pages. The following tables summarize the Fiscal Year 2010111 maximum and actual assessments for the District: Property Type Coun Use Code Maximum Allowable Assessment Rate er EDU Total UnitslAcres Total EDUs Maximum Allowable Assessment Single Family Residential $33.32 3,121 3,121 $103,991.72 Multi-family Residential 33.32 0 0 0.00 Non Residential 33.32 0 0 0.00 Property Type Coun Use Code Actual Assessment Rate er EDU Total UnitslAcres Total EDUs Actual Assessment Single Family Residential $33.32 3,121 3,121 $103,991.72 Multi-family Residential 33.32 0 0 ~ 0.00 Non Residential 33.32 0 0 0.00 Street Lighting Maintenance District No. 7-City of Rancho Cucamonga 13 Fiscal Year 2010/11 Ir V '% yrw ^C^, W ~C .~ Y.r w ny ua~pl!W ny uaneH ny esowJaH ny p!eq!yoJy ny uewllaH I 3S uegawe~ 9z i s ~U C -- ----- --- - ny lJJa4~ v o! N C _ J CO ~ ~ = 3 '~ 0 0 m li Q ..~.-- ~ ~r N T =' m 2 N J r .T. !] ~ U u) ~ ~. J ti~ nV lse~ in ~~ ~ r....~.~'.L.:......,..5.........a ny aAOJ~ ~ c m D! V) L J =_ ? t ~ ~ L O W m l~L 'e; e 8"~~4 s"c-a € ~~~~~t~~;i~~~ g¢¢¢¢¢¢¢pp~p~ ~ iL; ~¢$gy E~S 3aa6~aae;Q@5 8s?d$$b°ijC~€S EF~i €Eb P4i2 ~~ r-our N N N ® N O 0 N p ~(/ O ny epuenn!33 P-683 Annual Engineer's Report Fiscal Year 2010/2011 City of Rancho Cucamonga Street Lighting Maintenance District No. 8 (South Etiwanda) P-684 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 8 (SOUTH ETiiNANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL Donald J. Kurth, Mayor L. Dennis Michael, Mayor Pro Tem Rex Gutierrez, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, Assistant City Manager Linda D. Daniels, Deputy City Manager William Wittkopf, Public Works Director Jeff Barnes, Park and Landscape Superintendent Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P-685 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment .............................................................................................3 Process for Annual Assessment .................................................................................3 PLANS AND SPECIFICATIONS 5 Description of the Boundaries of the District ...............................................................5 Description of Improvements and Services ................................................................5 Map of Improvements .................................................................................................5 ESTIMATE OF COSTS 6 District Budget ............................................................................................................5 Definitions of Budget Items .........................................................................................7 METHOD OF ASSESSMENT 9 General ................ .......................................................................................................9 Special Benefit ..........................................................................................................9 General Benefit ........................................................................................................10 Method of Assessment Spread ................................................................................10 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL 13 P-686 ENGINEER'S LETTER WHEREAS, on ,the City Council of the City of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. _, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. B (South Etiwanda) (the "District'); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Engineer's Report for Fiscal Year 2010/11 pursuant to the requirements of the 1972 Act. The 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 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. SUMMARY OF ASSESSMENT Fiscal Year 2010!11 Personnel Costs $29,860.00 Operations & Maintenance Costs 132,730.00 Capital Expenditures 221,000.OD Operating Reserve Contribution (241 440.00) Estimated Costs and Expenses $383,590.00 Actual Assessment per EDU $61.19 Maximum Allowable Assessment per EDU $193.75 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the improvements described in the Special Benefit Section of this 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 Engineers Report. 1. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga 1 Fiscal Year 2010/11 P-687 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 Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram 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. Mark Steuer, City Engineer Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga 2 Fiscal Year 2010/11 P-688 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 repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any improvement. Servicing shall also include 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 assessment 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 assessment 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 assessment district by its distinctive designation and indicate the general location of the district. • Refers to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lets and parcels of !ard 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 assessmeht is priposed fo iridrease from the previdris year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the 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 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment 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 Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga 3 Fiscal Year 2010/11 P-689 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. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed assessments, and to provide a date and time of a public hearing to be held on the matter. The City must also prepare an assessment ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot either in favor of, or in opposition to the proposed assessment. The Notice and assessment ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. After the Notice and assessment ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount on each property and the results are announced by the City Council. Article XIII D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to levy and collect the assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed assessments. If there is a majority protest, as described above, the City will not levy and collect any assessments. Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga 4 Fiscal Year 2010/11 P-690 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 Ciry 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 Avenue on the west, Highland Avenue on the north and Foothill Boulevard on the south. The southern portion of the District is bounded by East Avenue on the east and the northern portion of the District is bounded by the 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. Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga Fiscal Year 2010!11 _I ( ~ __..._.I k ` ~ I_._.....i--.. 1 ... ., ~ P-691 _ `~ I - Street Lighting f!llaintenance ®istrict Nc~. 8 .....; ~~`~ , ~-- Street Lights and 1-rafffic Signal s Improvements r - - _.. I .. ~ ~~~~ ~'''`'- N RCIA OR I • WI{T T N __ ~ -~ - --- ----- P ~ '~"'~~ w ----- , 1 " GRE T E DR / I ` _ % r : ~ _~._ ..~ - I_,\;' '~'-'I I :. • ~ % STONE S7 i .._. __" __ ~ ~ .L__ i-__1__..I -. {..._-- i f ARN SIO I •~~~•+~~IS 5 I p ~ -- . ~ z _~ _ , - --_ -- -- ~ w ' a k I a _ _: ~ _ _ 1 ~ _ u 0 .___ ~' j J aV L 1 9 ~°~/ ~~ R W 0 S 7+ ~ - L- i J I VIATESORO DR Y R VE i' , i '~ t `~) r ~~~ ~ ~ '` ~ \ , ~ ___~ ._ _..__I G 1 .L...) ~ > L > S IED ~ UDR r5 FRP ~ ` i -...._ A ~_..._I„___. _ I I ~ ..__...__ _-1 ~..... I __ . _ ................ L._..... BASE LINE R^ • ..__ ! _ ._..... I , ~~ IL Y ` _~_ _ ~ ~_- ........ ......,.... _ COL 1 l I I J ~\ '' I OU IL p 1 ..- _ _i.. . .. .._ ._.__ Q i C~ ~ o_o_a.•_ z a r- m , O i I .........,. __ ~ .. ~.._.~.._. .I a O e' I- C7 N . _.... , 4__.. i I r._..........I_. .. i. ~ i ~ o ( ~ i Legend _. S _. I _.r.. I __ ~~ a ! • SCE Streetlights I ' `'~~..._ S MILLERA _ ~ ~ ~ 'a ~ Traffic Signal Light `~ ~ N ----- City Boundary II - ~ ~ ! SLDS Boundary I { i ~ - I - ,' '' 3 I , ~ ,~~ ~ F w ! - / F I I ----'--- ,....... »...ah W....~...,e.,..., - _ _ ~/ ' I I i FooTRULBL _ _.. _____ _'.._...._._.. _ .......... ... ~ _ o ___-.._~. __~_____ .. _..' .__ _. i - ' , ~ L , i~ , I , ~ ~ ~ ~.m. .n.u.r M1eu ~a .- i . .b,. xA .m ¢ I . . ~....... ~.,.e CLCANM'W P-692 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 assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fscal year. District Estimated 2010111 Bud et Personnel Services Regular Payroll $20,310.00 Part-time Salaries 0.00 Frinoe Benefits 9.550.00 Subtotal Personnel $29,860.00 Operations and Maintenance Training $180.00 Membership Dues 30A0 Operations and Maintenance 4,940.00 Equipment Operations and Maintenance 0.00 Contract Services 14,670.00 Utilities Telephone Utilities 0.00 Electric Utilities 58,300.00 Assessment Administration 9,390.00 General Overhead 28,930.00 Interfund Allocation 16 290.00 Subtotal Operations and Maintenance $132,730.00 Capital Expenditures Caoital Projects 5221.000.DO Subtotal Capital Expenditures $221,000.OD Total District Expenditure Budget $383,590.00 Operating Reserve Contribution (241,440.00) Ooeratina Reserve Collection 0.00 Estimated Costs and Expenses $142,150.00 Actual Assessment per EDU -Fiscal Year 2010/t 1 $61.19 Maximum Allowable Assessment er EDU -Fiscal Year 2010/71 $193.75 The maximum allowable assessment per EDU 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 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 Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga Fiscal Year 2010/11 P-693 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: Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $2,484,926.54 Operating Reserve Contribution -Fiscal Year 2D10/11 (241,440.00) Operating Reserve Collection -Fiscal Year 2010/11 0.00 Estimated Fiscal Year Ending June 30, 2011 Reserve Fund Balance $2,243,486.54 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Contract Services: GIS services for maintaining the street lights and traffic signals database. This is a combination of field and office work and is split evenly between all of the City's Street Light Maintenance Districts. Membership Dues: ISMA Certification. The cost is split evenly between all of the City's Street Light and Maintenance Districts. Utilities -Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the street lights and traffic signals. 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 departments and staff 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 assessment district within the City's administrative structure. Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga Fiscal Year 2010/11 P-694 Intertund Allocation: This item is for night time field verification of street lights working and daytime matching of pole numbers against invoices received to ensure accurate billing. The budget is divided evenly between all of the City's Street Light.Maintenance Districts. Capital Expenditures: Capital Projects: 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 or replacement street lights or traffic signals and appurtenant facilities. Operating Reserve Collection: Ooeratino Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, street light or traffic signal replacements, repair of damaged improvements due to vandalism, storms and other similar events. Street Lighting Maintenance District No. S -City of Rancho Cucamonga Fiscal Year 2010/11 P-695 METHOD OF ASSESSMENT General 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 io 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 maybe apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion fo 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 CaliforniaJ." 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" (Sec. 22574). 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. 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 Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga Fiscal Year 2010!11 P-696 providing for safe vehicular and pedestrian access for 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 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 [o 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 in 1990, 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 the 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 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. Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga 10 Fiscal Year 2010/11 P-697 Land-Use Equivalent Dwelling Unifs Pro e T e Coun Use Code EDU Value Multi lier Single Family Residential 1.00 Parcel Multi-family Residential 0.50 Unit Non Residential 2.OD 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. The following table summarizes the Fiscal Year 2010/11 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate er EnU Actual Assessment Rate per EDU Total Units/Acres Total EDUs Single Family Residential $193.75 $61.19 1,688 1,688 Multi-family Residential 193.75 61.19 420 210 Non Residential 193.75 61.19 31.46 62.92 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. Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga 11 Fiscal Year 2010/11 P-698 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. Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga 12 Fiscal Year 2010/11 P-699 ASSESSMENT ROLL -The assessment roll is a listing of the assessment for Fiscal Year 2010/11 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The assessment roll for Fiscal Year 2010111 is listed on the following pages. The following tables summarize the Fiscal Year 2010111 maximum and actual assessments for the District: Property Type Count Use Code Maximum Allowable Assessment Rate er EDU Total UnitslAcres Total EDUs Maximum Allowable Assessment Single Family Residential $193.75 1,668 1,686 $327,050.00 Multi-family Residential 193.75 420 210 40,687.50 Non Residential 193.75 31.47 62.94 12,194.63 Property Type Coun Use Code) Actual Assessment Rate er EDU Total Units/Acres Total EDUs Actual Assessment Single Family Residential $61.19 1,688 1,688 $103.288.72 Multi-family Residential 61.19 420 210 12,849.90 Non Residential 61.19 31.47 62.94 3,851.30 Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga 13 Fiscal Year 2010/11 0p w V .~ ~FJ .y ._ ~F.~ .~ J I ny ua~!il!W ny uaneH ny esow~aH ny PIe9!4o~t/ ny uewllaH o ,....-.I -- ------- -~ o- - ny wa4~ ..._? / ~ m i C_ _ __._.~..._.~ ~ m ~ ~ i ~ L 3 j m ~°o !? u_ L._._-..._.'_ ___..._. i ny epuenn!;3 I!_ ~. 8 ~aa~~ /yea ny~alsayoob i.__._.. _._ _.1...,.._._,-..._._..._ ~..~ '~ ~' ~ ~ ~ , i i i ~ ^••-•• ~ V) ~ C ~ T ~ C N ~ m o~ C~L`45 ..i•.~" ~ ~ ~ c L J rn y N m J (p $ ~ o C C.U ~ y J ~r~ r-iuu ~~ ^r ® a~- 0 0 N 0 ---int/lse3 in 1 L ........... .C............ ny epuenny3 ~ ny ~a;sayooa a ~- ~ ....__._.j._... 1 _. ~ s ny ua~!II!W i _......_.._.., i jnyuaneH I _...... _..,...__._----_.._.._........-.~_..._._._-_on esow~a ~ d H I I i I qnb' Pleq!yo~b' j _ .............__.._...... - ''-~' N ny uewllaH r~'• fit' t L v . .....e ny p elau!n ny anal = 3 L L o ~ O Q LL STAFF REPORT ADMINISTRATR~P. SERVICES DEPARTMEI.IT Date: June 16, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John R. Gillison, Assistant City Manager By: Tamara L. Layne, Finance Director Minerva Gamboa, Business License Coordinator P-701 ~ANCHO CUCAMONGA Subject: SECOND READING OF AN ORDINANCE ADOPTING REGULATIONS APPLICABLE TO SOLICITATION, AND AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RECOMMENDATION It is recommended that the City Council receive for second reading an ordinance adopting regulations applicable to solicitation and amending Title 9 of the Rancho Cucamonga Municipal Code. BACKGROUND/ANALYSIS The first reading of the attached ordinance was completed at the June 2, 2010 City Council meeting.' This second reading will enable staff to implement the provisions of the ordinance after the 30 day waiting period. P-702 ORDINANCE NO. 831 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING REGULATIONS APPLICABLE TO SOLICITATION, AND AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE The City Council of the City of Rancho Cucamonga hereby ordains as follows: Section 1. Chapter 9.31 of Title 9 of the Rancho Cucamonga Municipal Code is hereby repealed, provided that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. Section 2. Anew Chapter 9.31 is hereby added to Title 9 of the Rancho Cucamonga Municipal Code to read as follows: "Chapter 9.31 "SOLICITATION Sections: 9.31.010 Definitions and general restrictions. 9.31.020 Noncharitable solicitation. 9.31.030 Charitable solicitation. 9.31.010 Definitions and general restrictions. A. As used in this chapter: "Public place" means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidevaalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence. "Solicitation' or "solicit" means: (i) Any request, plea, demand, or invitation, or attempt theredf, td give money or property for any purpose, without prior invitation, appointment or consent, made upon any private property in the city in which the solicitor has no possessory or ownership interest; or (ii) the sale of, offer to sell, or attempt to sell, for consideration of any kind, and for any purpose and without prior invitation, appointment or consent, any advertisement, advertising space, book, card, chance, coupon device, magazine subscription, membership, merchandise, ticket of admission, or any other thing upon any private property in the city in which the solicitor has no possessory or ownership interest; or (iii) the act of traveling from house to house, from business to business, or otherwise from place to place, and taking or attempting to take orders for the sale of goods or merchandise, personal or intangible property of any nature for future delivery, or for services of any kind to be furnished or performed in the future, whether or not such person has, carries or displays for sale a sample of the subject of such sale or is collecting advance payments for such sales or services; or (iv) the act of traveling from house to house, from business to business, or otherwise from place to place, carrying, conveying or transporting goods, merchandise or personal or intangible property of any nature, and offering and/or displaying the same for sale or making sales and delivering such items, or services of any kind, to any person at the place of sale or elsewhere; or (v) the act of traveling from house to house, from business to business, or otherwise from place to place, for any purpose and without prior invitation, appointment or consent, and offering to sell, or attempting to sell, for consideration of any kind, any goods or merchandise, personal or intangible property of any nature, or any kind of service. P-703 "Solicitation" does not include the distribution of free literature, flyers or leaflets. Solicitation is subject to the provisions of Section 5.04.350 of this code. "Street, highway and sidewalk" shall have those meanings as set forth in Sections 360, 509 and 555, respectively, of the California Vehicle Code, or any successor provisions thereto. B. It is unlawful for any person(s) physically present in or on a street or highway to solicit the occupant(s) of any vehicle traveling upon any street or highway. This section does not prohibit solicitation by persons off the street or highway or on a sidewalk. C. No person shall engage in 'aggressive solicitation' in any public place. 'Aggressive solicitation' shall mean the following: 1. Approaching or speaking to a person, or following a person before, during or after soliciting, asking, verbally confronting or begging, if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, damage fo or loss of property, or to otherwise be intimidated into giving money or other thing of value, or where such conduct is intended to intimidate any person from lawfully utilizing any public service or facility; 2. Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting, asking or begging; 3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; 4. Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging; 5. Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or 6. Using profane, offensive or abusive language before, during or after solicitation, that is inherently likely to provoke an immediate, violent reaction. D. No person shall solicit at the locaticn of any residence from the time of sunset in one day to the time of sunrise the next day. E. No person under the age of 16 may solicit unless accompanied by an adult. 9.31.020 Noncharitable solicitation A. Permit required. It is unlawful for any person to engage in commercial solicitation activities as a noncharitable solicitor within the city without first obtaining a permit therefor in compliance with the provisions of this Section 9.31.020. For purposes of this section, the term "noncharitable solicitor" shall mean any person who solicits for any commercial or other purpose not intended to benefit nor benefiting, any "charity," as defined in California Business and Professions Code Section 17510.2(d), or any successor provision thereto. B. Application for permit Ordinance No. 831 -Page 2 of 10 P-704 Applicants for a permit under this section shall file with the finance director a sworn application in writing on a form to be furnished by the director, providing the following: The name, birth date, and description of the applicant; 2. The permanent home address and full local and business address of the applicant and the applicant's employer, if any, and any business represented by the applicant; 3. A brief description of the nature of the business, the goods or services to be sold, proposed method of delivery, and any vehicles to be utilized in connection therewith; 4. If employed, the name and address of the employer, together with credentials establishing the exact relationship; 5. The length of time for which the permit is desired, not to exceed one year; 6. A statement as to whether or not the applicant has been convicted of any misdemeanor or felony within the previous ten years, the nature of the offense, the date of conviction, and the punishment or penalty imposed therefor, or any misdemeanor or felony for which the applicant is required to register pursuant to Penal Code Section 290; 7. A statement as to the nature and date of any revocation of any permit held by the applicant to sell goods or services to the public within the previous ten years; 8. Evidence of the applicant or applicant's employer possessing a current city business license to conduct solicitation activities; Where the applicant is a business entity utilizing noncharitable solicitors, the applicant shall provide all of the required information as to such business entity and as to each person who shall actually solicit. C. Permit filing fee. At the time of flling the application for a permit under this Section 9.31.020, a fee in an amount established by resolution of the city council shall be paid to the finance director to cover the cost of investigation of the facts stated therein, and the cost of the identification card required to be carried by each solicitor. Such fee shall be paid by each business entity applicant on behalf of each person who shall actually solicit. Application investigation-Permit issuance conditions. 1. Upon receipt of a complete application for a permit under this chapter, the finance director shall cause an investigation of the applicant and application to be made. The finance director shall require the applicant to submit to LiveScan or similar fingerprint means of identification and verification of information provided. The application shall be approved or denied within thirty (30) days of receipt, unless the finance director determines that additional time, not to exceed thirty (30) additional days, is required to complete the investigation due to circumstances beyond the director's control. In the event background information required to be obtained from the Department of Justice or other State or federal agency has not been received as of the end of the second thirty (30) day period, the finance director may issue a conditional, temporary thirty (30) day permit pending receipt of the background information. The temporary permit shall expire upon the issuance of an annual permit, receipt of information establishing grounds for denial of the permit, or at the end of the thirty (30) day permit term, whichever occurs frst. Ordinance No. 831 -Page 3 of 10 P-705 2. If, as a result of such investigation, the finance director determines that any ground for denial set forth in Section 9.31.020 F.1 exists, the applicant shall be provided written notice that the application is disapproved and that no permit will be issued. 3. If, as a result of such investigation, the applicant is found to satisfy the requirements of this chapter, the finance director shall approve the application and issue a permit and an identification card for each solicitor. Such card shall contain the signature of the issuing officer, and shall show the name and business or residential address of the permittee, the kind of goods or services permitted to be sold thereunder, the date of issuance and the term of the permit, as well as a description of any vehicle to be used by a permitted solicitor. Each card shall also clearly state that issuance of such permit and identification card does not constitute an official endorsement by the city of the permittee or of anything sought to be sold by the solicitor. No permittee shall sell or attempt to sell goods or services of a different nature than described in the permit. Each permittee shall provide written notice to the finance director of any changes occurring with respect to information set forth in an application made pursuant to this chapter, within five (5) business days thereof. 4. The finance director shall keep a written record of all permits issued for such time as required by law. 5. Each permittee sha!! comply with the provisions of Section 9.31.010 of this Chapter, with respect to the manner of solicitation. E. Possession of permit required. Each permitted solicitor shall maintain in his possession, at all times while soliciting, the original identification card and a valid driver's license, identification card or other form of identification bearing the solicitor's name and photograph, and shall exhibit the card and picture identification to each prospective customer or law enforcement officer for inspection upon request. Permit denial and revocation. 1. Any permit applied for under the provisions of this chapter may be denied for any of the following causes: (a) Fraud, misrepresentation or false statement contained in the application for a permit; (b) Conviction of a misdemeanor or felony involving fraud, theft, dishonesty, or injury to any person, within the previous ten years, or revocation of any permit to sell goods or services to the public within the previous fve years, or any misdemeanor or felony for which the applicant is required to register pursuant to Penal Code Section 290; (c) Failure to comply with the requirements of this Chapter; {d) Cohviction within the previous- twelve (Y2)`+ mpntl?'s, r~sultrig frorri.any•vidlation of this Cktapter`9.31.. 2. Any permit issued under the provisions of this chapter may be suspended or revoked after notice and hearing opportunity, for any of the following causes: (a) Fraud, misrepresentation or false statement made in the course of solicitation activities; Ordinance No. 831 -Page 4 of 10 P-706 (b) Any violation of this code or any state or federal law while soliciting that is punishable as a misdemeanor or felony, provided that substantial evidence of the fact of violation is found to exist; (c) Conducting solicitation in such a manner as to constitute a threat to the health, safety or general welfare of the public; (d) Conviction of a misdemeanor or felony involving fraud, theft, or dishonesty, or use of illegal drugs or injury to any person while soliciting, or which requires the permittee to register pursuant to Penal Code Section 290. 3. Unless suspension is required in order to protect the immediate health, safety or welfare of the public, a hearing shall be conducted prior to permit revocation, pursuant to the procedures set forth in Section 9.31.030 D of this chapter, applicable to revocation of charitable solicitation permits. G. Appeal procedure. Any person aggrieved by denial of a permit may appeal such denial in accordance with the provisions of Section 9.31.030 E of this Chapter, applicable to denials of charitable solicitation permits, provided, however, that a nonrefundable fee in such amount as may be established by resolution of the city council shall be paid by the appellant at the time of fling such appeal. 9.31.030 Charitable solicitation. A. Definitions. The following words and phrases, whenever used in this Section 9.31.030, shall be defined as follows: 1. "Charity° means and has that definition set forth in California Business and Professions Code Section 17510.2(d), or successor provision thereto, which defines "charity' as including "any person who, or any nonprofit community organization, fraternal, benevolent, educational, philanthropic, or service organization, or governmental employee organization which, solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes." Whenever the term "charitable purposes" is utilized in this chapter, such term shall mean and iridlude such purposes as wilidirectly benefit or are purported to benefit any charity. 2. "Solicitor" means any person who solicits. B. Charitable solicitation permit required. 1. No person shall solicit, or permit or cause any other person to solicit on said person's behalf, where it is represented that any proceeds of such solicitation are to be used for charitable purposes, or otherwise engage in any "solicitation for charitable purposes" or "sales solicitation for charitable purposes," as those terms are defined in California Business and Professions Code Section 17510.2, or any successor provision thereto, without frst obtaining and being the holder of a valid charitable solicitation permit issued by the finance director. The fee for such permit shall be in such amount as may be set by resolution of the city council and which will compensate the city for the actual costs of the permit and identifcation card(s) required to be in the possession of each solicitor at all times while soliciting, and the cost of administering this chapter. Applicants providing proof of being or representing a non- profit organization, association or other entity and exempt from the payment of taxes pursuant to Section 501 (c)(3) of the Internal Revenue Code, or Section 23701d of the California Revenue and Taxation Code, or any successor provision, shall not be required to pay said fee. Ordinance No. 831 -Page 5 of 10 P-707 2. The foregoing permit shall be required only of the person in charge of charitable solicitations on behalf of a charity, but no person shall solicit as agent, servant or representative of an unpermitted person required under the provisions of this section to have a charitable solicitation permit. 3. Each person applying for a charitable solicitation permit or renewal of an existing permit shall file with the finance director a sworn statement setting forth the name of the charity on which behalf the charitable solicitation is to be made, together with the address and telephone number of the charity (and if an organization, the names and business addresses of its officers); the name of the person or persons who are to act as charitable solicitors; the total amount to be raised; the estimated total amount to be expended as compensation or reward for such charitable solicitation, or the percentage of the total amount intended to be raised or realized in the drive or campaign such estimated total of expenditures represents; and the purpose for which the money or property derived from such charitable solicitation is to be used. This statement shall be verified by declaration or affidavit of the person, or chief officer of the organization, for whom charitable solicitation is to be made, or if solicitation is to be for an unorganized class of persons, verification shall be made by the person in charge of such charitable solicitation. To the extent not required above, each applicant shall also provide to the finance department as part of the sworn statement of the information required to be disclosed pursuant to California Business and Professions Code Section 17510.3, the name and address of each person who shall actually solicit for charitable purposes. This sworn statement shall be on such form as provided by the finance department and shall constitute the required application. Notwithstanding the foregoing, provided none of the information given in connection with an application for an initial charitable solicitation permit has changed, an applicant for renewal shall only be required to verify the same under penalty of perjury and pay the required permit fee. 4. Before issuing a charitable solicitation permit, the finance department may investigate the information provided in the application. Unless upon such inquiry or from such statement the finance department discovers any false material statement or representation, or that the applicant does not represent a bona fide charity, as defned herein and in California Business and Professions Code Section 17510.2, or that the solicitation activities proposed would violate any provision of California Business and Professions Code Section 17510 et seq., or any other law, or that the applicant has beeri,convicted within the`p~evous twelve (.12). mdhfhs of soliciting without a permit required, by. this Chapter, the application shall be approved. Each complete application for a charitable solicitation permit shall be approved or denied within fourteen (14) days of receipt or the application shall be deemed approved. The permit shall be valid for one year unless revoked or renewed as provided herein. If denied, the basis for denial shall be provided in writing within seven (7) calendar days by mail to the applicant. 5. In accordance with the requirements of California Business and Professions Code Section 17510.3, upon commencement of any charitable solicitation, each charitable solicitor shall exhibit to the prospective donor or purchaser a card entitled "Solicitation or Sale for Charitable Purposes Card," or alternatively, a solicitation brochure, which card or brochure shall truthfully contain the following information. (a) The name and address of the charitable campaign, each organization, or fund on behalf of which all or any part of the money collected will be utilized for charitable purposes; (b) If there is no organization or fund, the manner in which the money collected will be utilized for charitable purposes; Ordinance No. 831 -Page 6 of 10 P-708 (c) The amount, stated as a percentage of the total gift or purchase price, that will be used for charitable purposes; (d) If the charitable solicitor is a paid fundraiser and is paid a set fee rather than a percentage of the total amount raised, the card or brochure shall show the total cost that is estimated will be used for direct fundraising expenses; (e) If the charitable solicitation is not a sales solicitation for charitable purposes, the card or brochure may state, in place of the amount of fundraising expenses, that an audited financial statement of these expenses may be obtained by contacting the organization at the address disclosed; (f) The non-tax-exempt status of the organization or fund, if the organization or fund for which the money or funds are being solicited does not have a charitable tax exemption under both federal and state law; (g) The percentage of the total gift, donation, or purchase price which may be deducted as a charitable contribution under both federal and state law. If no portion is so deductible, the card or brochure shall state that this contribution is not tax deductible; (h) If the organization making the charitable solicitation represents any nongovernmental organization by any name which includes, but is not limited [o, the term "officer," "peace officer," "police," "law enforcement," "reserve officer," "deputy," "California Highway Patrol," 'Highway Patrol," or "deputy sheriff," or "firefighter," "firemen" or "fire department," which would reasonably be understood to imply that the organization is composed of law enforcement or fire department or firefighting personnel, the charitable solicitor shall give the total number of members in the organization, including the name of their public agency employer, and the number of members working or living within the county where the charitable solicitation is being made, and if the solicitation is for advertising, the statewide circulation of the publication in which the solicited ad will appear; (i) If the organization making the charitable solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term "veteran," or "veterans," which would reasonably be understood to imply that the organization is composed of veterans, the charitable solicitor shall give the total number of members in the organization and the number of members working or living within the county where the solicitation is being made. This subsection does not apply to federally chartered or state incorporated veterans' organizations with two hundred or more dues paying members or to a thrift store operated or controlled by a federally chartered or state incorporated veterans organization. This subsection does not apply to any state incorporated community-based organization that provides direct services to veterans and their families and qualifies as atax-exempt organization under Section 501(c)(3) or 501(c)(19) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code; 6. When the charitable solicitation is not a sales solicitation for charitable purposes, any charitable solicitor who receives no compensation of any type from, or in connection with, a solicitation by any charitable organization, may comply with the provisions of subsection B.5 of this section, by providing the name and address of the charitable organization on behalf of which all or any part of the money collected will be utilized for charitable purposes, by stating the charitable purpose for which the solicitation is made, and by stating to the person solicited that information about revenues and expenses of the organization, including its administration and fundraising costs, may be obtained by contacting the organization's office at the address disclosed. The organization shall provide this information to the person solicited within seven days after receipt of the request. Ordinance No. 831 -Page 7 of 10 P-709 A charitable solicitor who receives no compensation of any type from, or in connection with, a solicitation or sales solicitation by a charitable organization which has qualified for a tax exemption under Section 501(c)(3) of the Internal Revenue Code, and who is eighteen years of age or younger shall be exempt from the provisions of subsection B.5 of this section; 7. Each charitable solicitor receiving money or property from any person as a result of any solicitation shall provide a written receipt to such person. This receipt shall indicate the amount of money or a description of property received, as well as the name, business or home address and telephone number of the charitable solicitor. The receipt shall also state whether or not the money or property received constitutes a state or federal tax deduction; S. Each charitable solicitor, or the charity on whose behalf such solicitation is made, shall maintain full and complete written records of all money and property received as a result of the permitted charitable solicitation activities. Such records shall be available for review by the finance director, or designee, during normal business hours. C. Identification. 1. Each charitable solicitor who shall actually solicit shall be issued, and shall maintain in his/her possession at all times while soliciting, an orinal identification card and a driver's license, identification card, or other form of identification which bears the solicitor's name and photograph. The permit and identification card shall also state that issuance of such permit does not constitute an official endorsement by the city of the permittee or of the subject charity. 2. Solicitors shall display the permit and identification card to, and allow the same to be examined by, any and all persons to whom any solicitation is to be made, prior to the time of the solicitation, and to any law enforcement officer upon request. 3. A charitable solicitor soliciting on behalf of a charitable organization whose membership is comprised of at least fifteen members and at least seventy-fve percent Rancho Cucamonga residents, shall be deemed to comply with this section provided each solicitor, while soliciting, is dressed in a recognizable uniform, or is bearing some other form of conspicuous identification, of such charitable organization. D. Revocation. Any charitable solicitation permit may be revoked or suspended by the finance director, pending a hearing, when there is probable cause to believe that any fraud or criminal act has been or is being committed by the permittee or agents thereof in connection with any permitted solicitation. In all other cases, where any permittee is found to have included any material misstatement or misrepresentation in the application, the permit may be revoked or suspended after a hearing on the matter. When a hearing is to be conducted as provided herein, the finance director shall schedule such hearing to occur between seven and twenty-one calendar days, and shall provide notice by first class mail of such hearing to the permittee at the address set forth in the application on file. Said hearing shall be held before the city manager who shall bear the burden of proof and his or her decision shall be based upon written findings and shall be final. Ordinance No. 831 -Page 8 of 10 P-710 E. Appeal. Any person, business entity or organization aggrieved by a denial of a charitable solicitation permit may appeal to the city manager by filing a written request for an administrative hearing with the city clerk within thirty days after service of notice of the finance director's decision. The city manager shall bear the burden of proof and no fee shall be charged for such appeal. The decision of the city manager shall be final." Section 3. The provisions of this Ordinance shall become operative and may be enforced, commencing 180 days after the effective date. Section 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced. Section 5. The City Clerk shall certify to the adoption of this Ordinance. Please see fhe following page Ior formal adoption, cenilcafion and signatures Ordinance No. 831 -Page 9 of 10 P-711 PASSED, APPROVED, AND ADOPTED this 16`h day of June 2010. ald J. Kurth, M. D., Mayor ATTEST: Janice C. Reynolds, City Clerk i, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the Znd day of June 2010, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 16t" day of June 2010. Executed this 17`" day of June 2010, at Rancho Cucamonga, California. Janice C. Reynolds, City Ordinance No. 831 -Page 10 of 10 P-772 STAFF REPORT ~- r R.-12~'CHO CUCAh10NG~1 LIRE PROTECftOV DISTRICT RANCHO Date: June 16, 2010 G'UCAMONGA To: President and Members of the Board of Directors Jack Lam, A.I.C.P., City Manager From: Mike Bell, Fire Chief By: Ingrid Bruce, GIS/Special Districts Manager Janet Walker, Management Analyst II Subject: INTRODUCE FIRST READING OF AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAX IN THE MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2010/2011 RECOMMENDATION Consideration of approval of first reading of an ordinance continuing the Annual Special Tax Rates for Fiscal Year 2010/11 in Mello-Roos Community Facilities District No. 85-1. BACKGROUND Each year, in order to levy the authorized special tax within CFD No. 85-1, the Board adopts an ordinance setting the special tax rates in the amount necessary to meet budgetary requirements on a fiscal year basis. The special tax is necessary to provide the required operation and maintenance revenue specific to ongoing fire protection and life safety services within the CFD. This voter approved Mello-Roos CFD and associated special tax was first initiated in FY 1986/87. ANALYSIS As required by the specific language of CFD 85-1, the proposed special tax rate for fiscal year 2010/11 has been adjusted in accordance with the March to March Los Angeles-Riverside-Orange Co. Consumer Price Index (CPI). This adjustment reflects an annual increase of $2.71 (or approximately .2258 cents per month) per dwelling unit above last year's special tax levy. The increase for commercial/industrial properties is $2.71 per acre for developed properties with a slight increase to the cost per square foot of building area. In total the approximate change in the proposed special tax is 1.85521 %. The following table reflects the annual special tax rates for each year since the formation of CFD No. 85-1 and the proposed special tax levy for fiscal year 2010/11. FISCAL RESIDENTIAL YEAR DWELLINGS COMMERCIAL INDUSTRIAL PROPERTIES 1986/87 $ 64.00 per DU $ 64.00 per AC+.04 SF $ 64.00 per AC+.05 SF 1987/88 $ 43.75 per DU $ 43.75 per AC+.04 SF $ 43.75 per AC+.05 SF P-713 INTRODUCE FIRST READING OF AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAX INTHE MELLO-RODS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2010/2011 JUNE 16, 2010 PAGE 2 FISCAL RESIDENTIAL YEAR DWELLINGS 1988/89 $ 43.75 per DU 1989/90 $ 49.75 per DU 1990!99 $ 51.75 per DU 1991/92 $ 91.00 per DU 1992/93 $ 95.35 per DU 1993/94 $ 98.69 per DU 1994/95 $100.66 per DU 1995/96 $102.17 per DU 1996/97 $103.91 per DU 1997/98 $105.57 per DU 1998/99 $106.84 per DU 1999/00 $109.19 per DU 2000/01 $112.90 per DU 2001/02 $116.50 per DU 2002/03 $119.76 per DU 2003/04 $124.43 per DU 2004/05 $126.79 per DU 2005/06 $131.86 per DU 2006/D7 $138.06 per DU 2007/08 $143.31 per DU 2008/09 $148.04 per DU 2009/10 $146.56 per DU Proposed 2010/11 $149.27 per DU COMMERCIAL PROPERTIES $ 43.75 per AC+.04 SF $ 49.75 per AC+.042 SF $ 51.75 per AC+.044 SF $ 91.00 per AC+.048 SF $ 95.35 per AC+.051 SF $ 98.69 per AC+.053 SF $100.66 per AC+.054 SF $102.17 per AC+.055 SF $103.91 per AC+.056 SF $105.57 per AC+.057 SF $106.84 per AC+.058 SF $109.19 per AC+.059 SF $112.90 per AC+.061 SF $116.50 per AC+.063 SF $119.76 per AC+.055 SF $124.43 per AC+.068 SF $126.79 per AC+.069 SF $131.86 per AC+.072 SF $138.06 per AC+.075 SF $143.31 per AC + .078 SF $148.04 per AC + .080 SF $146.56 per AC + .079 SF $149.27 per AC + .080 SF INDUSTRIAL PROPERTIES $ 43.75 per AC+.05 SF $ 49.75 per AC+.052 SF $ 51.75 per AC+.054 SF $ 91.D0 per AC+.061 SF $ 95.35 per AC+.064 SF $ 98.69 per AC+.066 SF $100.66 per AC+.067 SF $102.17 per AC+.068 SF $103.91 per AC+.069 SF $105.57 per AC+.070 SF $106.84 per AC+.071 SF $109.19 per AC+.073 SF $112.90 per AC+.076 SF $116.50 per AC+.078 SF $119.76 per AC+.D6 SF $124.43 per AC+.083 SF $126.79 per AC+.085 SF $131.86 per AC+.088 SF $138.06 per AC+.092 SF $143.31 per AC + .095 SF $148.04 per AC + .098 SF $146.56 per AC + .097 SF $149.34 per AC + .098 SF Exhibit "A" of the proposed and attached ordinance sets forth the rate and method of apportionment for the. special tax to be levied in Fiscal Year 20.10!11. During the budget workshop held on June 3, 2010, the proposed CFD No. 85-1 budget was reviewed by the Board. Respec l"y submitted, f. Mike Bell Fire Chief Attachment P-714 ORDINANCE NO. FD ~/q AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, AUTHORIZING THE LEVY OF THE SPECIAL TAX IN MELLO-RODS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2010/11 WHEREAS, a special election was held in the Mello-Roos Community Facilities District No. 85-1 (the "Community Facilities District") of the Rancho Cucamonga Fire Protection District (formerly Foothill Fire Protection District, the "District") on Tuesday, December 10, 1985; and WHEREAS, as a result of the election, more than two-thirds (2/3) of the qualified electors voted in favor of a proposition to authorize the levy of a special tax for fire suppression services and facilities, to establish an appropriations limit and to annually adjust the special tax and appropriations limit based upon changes in cost of living and changes in population; and WHEREAS, pursuant to Section 53340 of the Government Code, this Board of Directors is au±horized, by ordinance, to annually levy a special tax at the rate and apportion the special tax in the manner specified in the resolution adopted pursuant to Article 2 (commencing with Section 53318 of the Government Code), except that this Board of Directors may levy the special tax at a lower rate; and WHEREAS, this Board of Directors desires to levy a special tax in the Community Facilities District for the fiscal year 2010/11. NOW, THEREFORE, it is hereby ordained as follows: SECTION 1. Lew of Special Tax. By the passage of this ordinance, this Board of Directors hereby authorizes and directs the levy of a special tax in the Community Facilities District for the fiscal year 2010/11 at the rate and apportioned in the manner set forth in Exhibit "A" attached hereto and made a part hereof. SECTION 2. Exempt Properties. This Board of Directors hereby determines that properties or entities of the State, Federal or other local governments shall be exempt from such special tax. SECTION 3. Use of Special Tax. This Board of Directors hereby finds and determines that the special tax shall be used to pay, in whole or in part, the costs and expenses for facilities and services specified as follows: (a) The construction, acquisition, expansion and/or rehabilitation of public facilities, within or for the benefit of, the Community Facilities District generally described as follows: P-775 Fire protection and suppression facilities and appurtenances, including; equipment, real property and other tangible property with an estimated useful life of five years or longer. (b) The services to be provided within the Community Facilities District are generally described as follows: The performance by employees of functions, operations and maintenance and repair activities in order to provide fire protection within the Community Facilities District. (c) The repayment of advances and loans. The special tax shall be used solely for the purposes specified above and for no other purpose. SECTION 4. Collection of Special Tax. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same nrnr_.edure and sale in case of delinquency as provided for ad valorem taxes. SECTION 5. Filing of Ordinance. The Secretary is hereby authorized and directed to file a certified copy of this ordinance with the Tax Collector of the County of San Bernardino as may be appropriate. SECTION 6. Publication of Ordinance. The Secretary is hereby authorized and directed to publish this ordinance once in a newspaper of general circulation and to maintain the ordinance for public inspection and distribution. SECTION 7. Publication: Effective Date. This ordinance was read on the day of June, 2010, and was adopted on the _ day of 2010 and shall take effect and be in force upon its adoption. Ordinance No. FD Page 2 of 8 PASSED, APPROVED AND ADOPTED this day of , 2010. RYES: NOES: ABSENT: ABSTAINED: ATTEST: Janice C. Reynolds, Secretary Donald J. Kurth, M.D., President I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Board of Directors of the Rancho Gucamonga Fire Protection District held on the _ day of June 2010 and was passed at a Regular Meeting of the Board of Directors of the Rancho Cucamonga Fire Protection District held on the _ day of 2010, at Rancho Cucamonga, Califomia Executed this -day of 2010, at Rancho Cucamonga, California. P-716 C. Reynolds, Secretary P-717 EXHIBIT "A" CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNUAL STATUS REPORT Ordinance No. JUNE 2010 P-718 Ordinance No. FD Page 4 of 5 BACKGROUND On December 10, 1985, the electors within the boundary of Ccmmunity Facilities District No. 85-1 the Rancho Cucamonga Fire Protection District (formerly Foothill Fire Protection District, the "District") voted in favor of a proposition to authorize the levy of a special tax for fire suppression services and facilities, to establish an appropriations limit and to annually adjust the special tax and appropriations limit based upon changes in the cost of living and changes in population. The district is bounded generally on the north by the 210 Freeway, on the east by East Ave. on the south by Fourth Street and on the west generally by Haven Avenue. The maximum Special Tax shall be annually adjusted for (a) changes in cost of living based on the March to March Los Angeles-Riverside-Orange County Consumer Price Index (CPI) or (b) changes in the cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. FISCAL YEAR 2010/2011 The change in CPI for Los Angeles-Riverside-Orange County from March 2009 to March 2010 iS 1.85521%. STRUCTURES Residential Multi-family 2 DU: 3 DU: 4 DU: 5-14 DU: 15-30 DU: 31-80 DU: 81 - up DU: ANNUAL SPECIAL TAX ($149.27) per DU 1.75 ($149.27) 2.25 ($149.27) 2.65 ($149.27) 2.65 ($149.27) 6.15 ($149.27) 10.65 ($149.27) 23.15 ($149.27) + {.35 (TU - 4) ($149.27)} + {.30 (TU - 14) ($149.27)} + {.25 (TU - 30) ($149.27)} + {.20 (TU - 80) ($149.27)} Commercial ($149.27) per acre + $.080 per SF Industrial ($149.27) per acre + $.098 per SF Reduction NOTE: DU =Dwelling Unit TU =Total Units SF =Square Foot Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. STAFF REPORT F_NGINEERING SERVICES DEP.~IRTMENT Date: To: From: By: Subject: June 16, 2010 Mayor and Members of the City Council Jack Lam, AICP, City Manager P-719 ~- RANCxo cUCAMONGA Mark A. Steuer, Director of Engineering Services/City Engineer Jerry A. Dyer, Senior Civil Engineer APPROVAL OF A JURISDICTIO MASTER AGREEMENT BETWEEN THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SANBAG) AND THE CITY OF RANCHO CUCAMONGA FOR PUBLIC SHARE REIMBURSEMENT OF ELIGIBLE PROJECT EXPENDITURES WITH MEASURE "I" 2010-2040 MAJOR STREET PROGRAM ARTERIAL SUB- PROGRAM FUNDS RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving the Jurisdiction Master Agreement between SANBAG and the City of Rancho Cucamonga, and authorizing the City Clerk to attest and the Mayor to sign the agreement, for the public share reimbursement of eligible project expenditures with Measure "I" 2010-2040 Major Street Program Arterial Sub-program funds. BACKGROUND/ANALYSIS Measure "I" 2010-2040, the county-wide transportation sales tax program, was approved by San Bernardino County voters in November 2005 and the Strategic Plan was approved by SANBAG and its member agencies on April 1, 2009. On March 3, 2010 the SANBAG Board approved the annual apportionment of funding to the Valley Major Street- Program and specific allocations of funding to each jurisdiction under the Valley Arterial Sub- program. The Strategic Plan identified Valley Major Street Program Arteria! Sub-program projects eligible for partial funding from Measure I" 2010-2040 revenues and requires that SANBAG execute a Jurisdiction Master Agreement with each jurisdiction before it may begin expending the allocation. The Jurisdiction Master Agreement establishes the contractual relationship between SANBAG and the City for the conveyance of Measure "I" Valley Arterial Sub-program funding and includes a list of eligible arterial projects and an allocation limit. The projects eligible for expenditure of Measure "I" funds in Fiscal Year 2010-2011 are those contained in the first two years of the Capital Project Needs Analysis (CPNA). The CPNA was approved by City Council on September 2, 2009 and in response to SANBAG revised April 7, 2010 by letter. The projects eligible for expenditure and partial reimbursement are the Wilson Avenue from East Avenue to Wardman Bullock Road street improvement and the Church Street at Terra Vista Parkway traffic signal improvement. P-720 CITY COUNCIL STAFF REPORT Re: Approval of a Jurisdiction Master Agreement between the San Bernardino County Transportation Authority (SANBAG) and the City of Rancho Cucamonga for public share reimbursement of eligible project expenditures with Measure "I" 2010-2040 Major Street Program Arterial Sub-Program Funds June 16, 2010 Page 2 The Jurisdiction Master Agreement was reviewed and found acceptable to the Attorney. Respectfully submitted, .....~„ .~~'°~'~'`~t Mark euer Director of Engineering Services/City Engineer MAS/JAD:Is P,ttachments: Resolution Jurisdiction Master Agreement No. C10251 P-721 RESOLUTION NO. (Q'IOU A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE JURISDICTION MASTER AGREEMENT BETWEEN THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SANBAG) AND THE CITY OF RANCHO CUCAMONGA WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Jurisdiction Master Agreement between the San Bernardino County Transportation Authority (hereinafter referred to as SANBAG) and the City of Rancho Cucamonga; and WHEREAS, San Bernardino County voters approved passage of Measure "I" 2010- 2040 in November 2004 authorizing SANBAG, to impose aone-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, the Measure "I" 2010-2040 Strategic Plan identified Valley Major Street Program Arterial Sub-program proiects eligible for partial funding from Measure "I" 2010-2040 revenues; and WHEREAS, this Jurisdiction Master Agreement is to be carried out in accordance with policies in the Measure "I" 2010-2040 Strategic Plan; and WHEREAS, SANBAG has determined that projects included in the SANBAG Development Mitigation Nexus Study Capital Project Needs Analysis are eligible to receive Measure "I" 2010-2040 funds; and WHEREAS, SANBAG will reimburse the City of Rancho Cucamonga for the public share of eligible project expenditures with Measure "I" 2010-2040 Major Street Program Arterial Sub-program funds up to the annual fund allocation amount;.and WHEREAS, the City Council wishes to delegate authorization to execute this agreement and any amendments thereto to the Mayor; NOW, THEREFORE, BE IT RESOLVED that the City Council of the Ciry of Rancho Cucamonga, State of California, hereby resolves that said Jurisdiction Master Agreement No. C10251 be hereby approved, and the Mayor is hereby authorized to sign said Jurisdiction Master Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. c 0 =a w ._ L 0 c~ U c L t ~+ 0 ._ ._ m t O 0 T N 0 .~ N 0 Z .~ U .~ Q U 0 J W U 0 O W V ~ Q ~ ~ _ . 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