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Home My WebLink About2012/06/20 - Agenda Packetcity of ~ _. ANC;HU(iUCAMUNGA 10500 Civic Center Drive 4 Rancho Cucamonga, CA 91730.3801 City Office: (909) 477.2700 AGENDAS FIRE PROTECTION DISTRICT BOARD PUBLIC FINANCING AUTHORITY CITY COUNCIL REGULAR MEETINGS 1st and 3ro Wednesdays ~ 7:00 P.M. JUNE 20, 2012 ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room ................. 5:00 P.M. Call to Order Public Communications Conduct of Closed Session City Manager Announcements SPECIAL MEETING Council Chambers ........................... 6:00 P.M. REGULAR MEETINGS Council Chambers ........................... 7:00 P.M. MEMBERS MAYOR MAYOR PRO TEM COUNCIL MEMBERS L. Dennis Michael Sam Spagnolo William Alexander Chuck Buquet Diane Williams CITY MANAGER CITY ATTORNEY CITY CLERK John R. Gillison James L. Markman Janice C. Reynolds l ~; INFORMATION FOR THE PUBLIC TO ADDRESS THE FIRE BOARD, AUTHORITY BOARD AND CITY COUNCIL The Fire Board, Authority 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 Fire Board, Authority 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. If as part of your presentation, you would like to display audio or visual material, please see the Cify Clerk before the meeting commences. Any handouts for the Fire Board, Authority Board or City Council should be given to the City Clerk for distribution. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. 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 remaining "Public Communications" which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. 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. If you are present to speak on an "Advertised Public Hearing" item or on an "Administrative Hearing Item(s)," your name will be called when that item is being discussed, in the order in which it was received. 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. AGENDA BACK-UP MATERIALS -Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public Library(-ies) 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 -Fire Board, Authority Board and City 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.cityofrc.us/cityhall/council/videos.asp for those with Hi-bandwidth (DSUCable Modem) orLow-bandwidth (Dial-up) Internet service. The Fire Board, Authority Board and City Council meet 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 Fire District Board and the Public Financing Authority Board. Copies of the agendas and minutes can be found @ www.cityofrc.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. ~,~;~~i~„c~,~,ti,~N~~ FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA JUNE 20, 2012 1 A. 5:00 P.M. -CLOSED SESSION CALL TO ORDER - TAPIA CONFERENCE ROOM A1. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Buquet and Williams CLOSED SESSION CALLED TO ORDER AS THE FIRE PROTECTION DISTRICT AND CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S D. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM D1. CONFERENCE WITH LABOR NEGOTIATOR CHRIS PAXTON PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, THE MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUP AND EXECUTIVE MANAGEMENT EMPLOYEES -FIRE, CITY D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.$ REGARDING ACQUISITION OF REAL PROPERTY INTERESTS, CONSISTING OF A PORTION OF A PERMANENT HIGHWAY EASEMENT INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT FOR A TERM OF ONE YEAR FOR STREETS, HIGHWAYS AND RELATED PURPOSES FROM REAL PROPERTY OWNED BY LUPE VIRAMONTEZ AS TRUSTEE OF THE LUPE VIRAMONTEZ FAMILY TRUST DATED JULY 20, 1990 LOCATED AT 13408 BASE LINE ROAD, RANCHO CUCAMONGA, CALIFORNIA AND IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0227-131-09 AND 0227-131-10. -CITY E. CITY MANAGER ANNOUNCEMENTS F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY 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. ~~~. P1~.~(-ii~nnu,ucn FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA JUNE 20, 2012 2 G. SPECIAL MEETING OF THE CITY COUNCIL ONLY CALL TO ORDER - 6:00 P.M. COUNCIL CHAMBERS THE SPECIAL MEETING OF THE CITY COUNCIL WILL BE CALLED TO ORDER G1. Pledge of Allegiance G2. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Buquet and Williams H. ITEMS OF BUSINESS H1. Recognition of the 2012 Youth Basketball Girls "C" Division All Stars for winning the Southern California Municipal Athletic Federation Championship. H2. Recognition of the 2012 Youth Basketball Girls "B" Division Bailers for placing Second in the Southern California Municipal Athletic Federation Championship. H3. Recognition of the 2012 Youth Basketball Boys "AA" Division Knicks for placing Second in the Southern California Municipal Athletic Federation Championship. H4. Recognition of the 2012 Youth Basketball Boys "B" Division Heat for winning the Southern California Municipal Athletic Federation Inland Valleys Championship. H5. Recognition of the U16 Boys for outstanding success in representing the 2012 Rancho Cucamonga Flames. H6. Recognition of the U12 Boys Fall Program for outstanding achievement in Region, Area and Section playoffs. H7. Recognition of Los Osos High School Girls Soccer Team Winners. I. RECESS THE REGULAR CITY COUNCIL MEETING WILL CONVENE AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. r/r , ~~~ "I ~~ , ~11G1MONGA FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA JUNE 20, 2012 3 .1. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY 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 FIRE BOARD, AUTHORITY BOARD AND COUNCIL. J1. Pledge of Allegiance J2. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Buquet and Williams K. ANNOUNCEMENTS/PRESENTATIONS K1. Presentation of a Proclamation to Trudy Coleman and Juneteenth America, Inc., regarding "California Juneteenth National Freedom Day." K2. Administration of Oaths of Office to newly re-appointed Park and Recreation Commissioners Kelly Matheny and Patricia Morris. (Mayor) K3. Presentation of the American Public Power Association's 2011 Safety Award of Excellence. K4. Proclamation for National Dump the Pump Day. K5. Presentation of Certificates of Recognition to the Freedom Courtyard Core Team and Mary Andrew on Receiving the 2012 California Park & Recreation Society (CPRS) District 11 Layman Award. L. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Public Financing Authority Board and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Financing Authority Board and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Financing Authority Board and 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 Fire Board, Authority Board or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA JUNE 20, 2012 4 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. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board//Authority Board/Council at one time without discussion. Any item maybe removed by a Fire Board//Authority Board/Council Member for discussion. M. CONSENT CALENDAR -FIRE PROTECTION DISTRICT M1. Approval of Minutes: June 6, 2012 (Regular Meeting) June 6, 2012 (Special Meeting -Budget) M2. Approval of Check Register dated May 30, 2012 through June 12, 2012 for the total amount 1 of $114,654.94. M3. Approval to receive and file current Investment Schedule as of May 31, 2012. 5 M4. Adoption of a Resolution declaring results of a Special Election in Community Facilities 10 District No. 88-1, Annexation No. 88-12-1 located on the south side of Lemon Avenue west of Hermosa Avenue and ordering the annexation of such property to Community Facilities District No. 88-1 (Jaime Campos, Owner - APN:0201-902-16). RESOLUTION NO. FD 12-028 11 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 THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-12-1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 88-1. N. CONSENT CALENDAR -PUBLIC FINANCING AUTHORITY N1. Approval of Minutes: June 6, 2012 (Regular Meeting) ~- ~ r ~~,~ . C ii~;,."uNCn FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA JUNE 20, 2012 5 O. CONSENT CALENDAR -CITY COUNCIL 01. Approval of Minutes: June 6, 2012 (Regular Meeting) June 6, 2012 (Special Meeting -Budget) 02. Approval of Check Register dated May 30, 2012 through June 12, 2012 and payroll ending 15 June 12, 2012 for the total of $4,553,902.70. 03. Approval to receive and file current Investment Schedule as of May 31, 2012. 45 04. Release of Maintenance Bond No. PRF7615639-M in the amount of $64,426.00 for the Citywide Bridge Deck Maintenance Phase 2 of 3, Contract No. CO 10-059. 55 05. Approval of Professional Services Agreement between City of Rancho Cucamonga and 56 Rancho Cucamonga Chamber of Commerce for Economic Development Services. 06. Accept the Victoria Gardens Cultural Center LED Sign Project, Contract No. 12-017 as 79 complete, release the bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $51,590.00. RESOLUTION NO. 12-082 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE VICTORIA GARDENS CULTURAL CENTER LED SIGN PROJECT CONTRACT NO. 12-017 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 07. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, $$ adopting the amended Measure "I" Five-Year Capital Improvement Program for the expenditure of Measure "I" funds covering Fiscal Years 2011/2016 RESOLUTION NO. 12-083 $5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL YEARS 201112016 FOR THE EXPENDITURE OF MEASURE "I" FUNDS 08. Approval of a Resolution renewing the Professional Services Agreements with no fee 88 increase and consistent with the original competitive bid process for Ninyo & Moore, Salem Engineering Group, Inc. and Leighton Consulting, Inc. for annual soils and materials testing services for FY 2012/2013, for proposed capital improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2012/2013 Budget. RESOLUTION NO. 12-084 9U A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF AGREEMENTS WITH NINYO ~ MOORE, SALEM ENGINEERING GROUP, INC. AND LEIGHTON CONSULTING, INC. FOR ANNUAL SOILS AND MATERIALS TESTING SERVICES FOR FY 2012/2013 FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY ~~.`n'ri'i ~~ , ~~LILphIUNIiA FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA JUNE 20, 2012 6 09. Approval of a Resolution renewing the Professional Services Agreements with no fee 91 increase and consistent with the original competitive bid process for Dan Guerra ~ Associates, Dawson Surveying, Inc., LEH & Associates, Westland Group, Inc. and CSD Land Surveying, Inc., for annual survey services for FY 2012/2013, for proposed capital improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2012/2013 Budget. RESOLUTION NO. 12-085 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF AGREEMENTS WITH DAN GUERRA & ASSOCIATES, DAWSON SURVEYING, INC., LEH & ASSOCIATES, WESTLAND GROUP, INC. AND CSD LAND SURVEYING INC., FOR ANNUAL SURVEY SERVICES FOR FY 2012/2013 FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY 010. Approval of a Resolution renewing the Professional Services Agreement with no fee 94 increase and consistent with the original competitive bid process for Aufbau Corporation for providing annual construction inspection and engineering support services for FY 2012/2013, for proposed capital improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2012/2013 Budget. RESOLUTION NO. 12-086 I 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF AGREEMENT WITH AUFBAU CORPORATION FOR PROVIDING ANNUAL CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES FOR FY 2012/2013 FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY 011. Accept the bids received and award and authorize the execution of the contract in the 96 amount of $146,411.00, to the lowest responsive bidder, J.F. Shea Construction Inc., and authorize the expenditure of a 10% contingency in the amount of $14,641.10, for the Replacement of Pedestrian Bridge Decks Crossing over Deer Creek Channel to be funded from Infrastructure Funds, Account Nos. 1198303-5650/1825198-0 and 1198303- 5650/1824198-0. 012. Approval to authorize the advertising of the "Notice Inviting Bids" for the installation of a 100 Solar Photovoltaic System at the Paul A. Biane Library at Victoria Gardens to be funded from Utility Fund, Account No. 17063035209 for construction of said project. RESOLUTION NO. 12-087 102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF A SOLAR PHOTOVOLTAIC SYSTEM AT THE PAUL A. BIANE LIBRARY AT VICTORIA GARDENS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS FIRE PROTECTION DISTRICT, -~ PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA _<~,~:~ ~~ ~~~~~,."~,~~., JuNE 20, 2012 7 013. Accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for Tract 16227-1, located on the north 106 side of Day Creek Boulevard, west of Etiwanda Avenue, submitted by Meritage Homes of California, Inc. RESOLUTION NO. 12-088 108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16227-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 014. Consideration of approval of Resolutions initiating proceedings to levy annual 109 assessments, preliminarily approve the annual Engineer's report, declaring the City Council's Intention to levy annual assessments with Park and Recreation Improvement District No. PD-85 for Fiscal Year 2012/13 and setting the time and place for a public hearing thereon. No increase of assessment rate is proposed. ' RESOLUTION NO. 12-089 I 111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL ENGINEER'S REPORT PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2012-13 RESOLUTION NO. 12-090 ~ 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2012-13 RESOLUTION NO. 12-091 115 A 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 2012-2013 PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON 015. Consideration of approval of Resolutions initiating proceedings to levy annual 131 assessments, preliminarily approve the annual Engineers report, 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, inclusive, for Fiscal Year 2012/13 and setting the time and place for a public hearing thereon. No increase of assessment rate is proposed. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA ~;~~ ~ ~ ~ < <~~~.,,~,~.,,, JUNE 20, 2012 E~: RESOLUTION NO. 12-092 I 134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL ENGINEER'S REPORTS PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 THROUGH 8, INCLUSIVE, FOR FISCAL YEAR 2012- 13 RESOLUTION NO. 12-093 ~ 136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 THROUGH 8, INCLUSIVE, FOR FISCAL YEAR 2012-13 RESOLUTION NO. 12-094 138 A 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 2012-2013 IN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 THROUGH 8, INCLUSIVE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON 016. Consideration of approval of Resolutions initiating proceedings to levy annual 287 assessments, preliminarily approve the annual Engineer's report, declaring the City Council's intention to levy annual assessments within Landscape Maintenance District Nos. 1, 2, 3A, 36, 4-R, 5, 6-R, 7, 8, 9 and 10 for Fiscal Year 2012/13 and setting the time and place for a public hearing thereon. No increase of assessment rate is proposed. RESOLUTION NO. 12-095 ~ 290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL ENGINEER'S REPORTS PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 36, 4-R, 5, 6-R, 7, 8, 9, AND 10 FOR FISCAL YEAR 2012- 13. RESOLUTION NO. 12-096 I 292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9, AND 10 FOR FISCAL YEAR 2012- 13. r 11-1 ~`i ~~i. ~(l~l~_~1AIUNGA FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA JUNE 20, 2012 9 RESOLUTION NO. 12-097 A 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 2012-13 IN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9, AND 10 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON. 017. A Resolution approving a Memorandum of Understanding between the City of Rancho Cucamonga and the Mid-Manager, Supervisory/Professional and General Labor Group for the period 2012-2014. RESOLUTION NO. 12-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE MID-MANAGER, SUPERVISORY/ PROFESSIONAL AND GENERAL EMPLOYEE LABOR GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS 2012-13 AND 2013-14 018. A Resolution approving a Memorandum of Understanding between the City of Rancho Cucamonga and the San Bernardino Public Employees Association for the period 2012- 2014. RESOLUTION NO. 12-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS 2012-13 AND 2013-14. 019. Approval to transfer a City vehicle to the County of San Bernardino for Police Services. 020. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, State of California, providing for the pre-tax treatment of cost-sharing contributions to PERS under Section 414 (H) (2) of the Internal Revenue Code RESOLUTION NO. 12-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, PROVIDING FOR THE PRE- TAX TREATMENT OF COST-SHARING CONTRIBUTIONS TO PERS UNDER SECTION 414 (H) (2} OF THE INTERNAL REVENUE CODE 294 540 541 557 558 575 576 577 FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA JUNE 20, 2012 10 021. Accept the bids received and award and authorize the execution of a contract in the 579 amount of $205,538, to the lowest responsive bidder, MG Enterprises, and authorize the expenditure of $205,538, plus a 10% contingency in the amount of $20,554; and authorize the appropriation and award of $50,000 (County grant) from fund 1272401-5650; receive community contributions in the amount of $88,272 into Fund 272 and appropriate and award these funds for the Freedom Courtyard Project expenditure from Fund 272; and award $25,000 from Fund 120305-5650/1802120-6314 (Park Development); $26,480 from Fund 18882000-2313 (Park Trust Fund); and $36,340 from Fund 1882000-2354 (Park Trust Fund). P. CONSENT ORDINANCES CITY COUNCIL The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non-controversial. The 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 a Board Member, or Council Member. P1. ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN SUBAREA 583 18 TEXT AMENDMENT DRC2010-00685 -CITY OF RANCHO CUCAMONGA - A request to amend Section 5.3.2. of the Industrial Area Specific Plan Subarea 18 to add language requiring compliance with the building height limits in the LA/Ontario International Airport Land Use Compatibility Plan Related Files: LA/Ontario Airport Land Use Compatibility Plan DRC2010-00157 and Development Code Amendment DRC2010-00984. Staff has prepared a Negative Declaration of environmental impacts for consideration. 585 ORDINANCE NO. 854 (SECOND READING) AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN (IASP) SUBAREA 18 AMENDMENT DRC2010-00685, AMENDING SECTION 5.3.2 OF THE IASP SUBAREA 18 BY ADDING LANGUAGE REQUIRING COMPLIANCE WITH BUILDING HEIGHT LIMITS IN THE LA/ONTARIO INTERNATIONAL AIRPORT LAND USE COMPATIBILITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF. Q. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. Q1. Adoption of a resolution making determinations regarding the proposed annexation of territory (Beazer Homes Holding Corp., Owner - APN 0210-062-08 -Annexation No. 12-4) 590 located on the southwest corner of Archibald Avenue and 6th Street to an existing Community Facilities District, calling a special election and authorizing submittal of levy of special taxes to the qualified electors. ~= {~,~;;`; ~,, (ii~,n,~~ucn FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA JUNE 20, 2012 11 RESOLUTION NO. FD 12-029 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 12-4) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY 593 R. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. R1. MUNICIPAL CODE AMENDMENT DRC2010-00571 AND ADDENDUM TO THE 601 GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH #2000061027) -CITY OF RANCHO CUCAMONGA - A comprehensive update to the Development Code including a request to replace Title 17 (Development Code), modify Chapter 2.24 (Historic Preservation), modify Chapter 1.12 (Penalties, Administrative and Civil Remedies and General Provisions), delete Chapter 5.12 (Regulation of Entertainment), delete Title 14 (Signs), delete Chapter 19.08 (Tree Preservation) and other clarifying amendments of the City of Rancho Cucamonga Municipal Code as well as a proposed addendum to the General Plan Final Program Environmental Impact Report (FPEIR). DEVELOPMENT FEE SCHEDULE 2012 - CITY OF RANCHO CUCAMONGA - 601 Consideration of a proposal to establish new development fees for Planning services as a result of the creation of new application types in the comprehensive update to the Development Code (DRC2010-00571). ORDINANCE NO. 855 (FIRST READING) 673 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT DRC2010- 00571, ACOMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF RESOLUTION NO. 12-101 749 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING FEES FOR SERVICES RELATED TO APPLICATIONS FOR SITE PLAN REVIEW AND FOR THE MODIFICATION OF PREVIOUSLY APPROVED LAND USE ENTITLEMENTS FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA JUNE 20, 2012 12 S. CITY MANAGER'S STAFF REPORTS -SUCCESSOR AGENCY The following items have no legal publication or posting requirements. S1. Authorize the purchase and installation of one (1) lot of Herman Miller systems furniture 752 from GM Business Interiors, Inc. in the amount of $629,054.97, utilizing US Communities Contract No. 4400000368, funded from account number 2660801-5650/1650660-0 (2004 Tax Allocation Bonds) and authorize the related appropriations into the appropriate account numbers to be determined by staff. S2. Authorize the purchase and installation of one (1) NEC SV8300 telephone switch, 754 hardware, and software from NEC Unified, Inc., in the amount of $33,373.96, utilizing GSA contract number GS-35F-0511T 877, funded from account numbers 2660801- 5650/1650660-0-$27,366.65 (2004 Tax Allocation Bonds) and 1 1 8831 3-5650/1 5251 88-0- $6,007.31 (Integrated Waste Management) and authorize the related appropriations into the appropriate account numbers to be determined by staff. T. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. T1, PRESENTATION TO THE CITY COUNCIL ABOUT THE CLEAN-UP EVENT THAT "' OCCURRED ON MAY 19, 2012. (ORAL REPORT) U. ADMINISTRATIVE HEARING ITEM S Speaker cards may be submitted for all those who wish to speak on the following topic(s). Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals wishing to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council, not to members of the audience. U1. CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY FOR THE 756 ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS FOR A PUBLIC PURPOSE IN CONNECTION WITH THE PROPOSED CONSTRUCTION OF INTERSECTION AND ROADWAY IMPROVEMENTS AT PECAN AVENUE (SHELBY PLACE NORTH) AND BASE LINE ROAD OVER A PORTION OF SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0227-131-09 AND 0227-131-10 AS PART OF THE CONDITIONS OF APPROVAL OF TENTATIVE TRACT MAP NO. SUBTT18806. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA ~~,~ ~ ~ ~~ ~,~.,,.,~,~,,,, J uN E 20, 2012 13 RESOLUTION NO. 12-102 770 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED CONSTRUCTION OF INTERSECTION AND ROADWAY IMPROVEMENTS AT PECAN AVENUE (SHELBY PLACE NORTH) AND BASE LINE ROAD OVER A PORTION OF SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0227- 131-09 AND 0227-131-10 AS PART OF THE CONDITIONS OF APPROVAL OF TENTATIVE TRACT MAP NO. SUBTT18806 V. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. V1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per --- Council Member.) W. IDENTIFICATION OF ITEMS FOR NEXT MEETING X. ADJOURNMENT I, Debra L. McKay, Assistant City Clerk/Records 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 14, 2012, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. June 6, 2012 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES FIRE PROTECTION DISTRICT MINUTES SPECIAL MEETING A special meeting of the Rancho Cucamonga City Council and Fire Protection District was held on Wednesday, June 6, 2012, in the Tri-Communities Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor/President L. Dennis Michael called the meeting to order at 3:00 p.m. Present were Council Members/Board Members: Bill Alexander, Chuck Buquet, Mayor Pro TemNice President Sam Spagnolo and MayorlPresident L. Dennis Michael. Council/Board Member Williams arrived at 3:15 p.m. Also present were: John Gillison, City Manager; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Tamara Layne, Finance Director; Jeff Bloom, Interim Planning Director; Mark Steuer, Director of Engineering Services; Nettie Nielson, Community Services Director; Trang Huynh, Building and Safety Services Director; Chris Paxton, Human Resources Director; Robert Karatsu, Library Director; Chief Mike Bell, Rancho Cucamonga Fire Protection District; Veronica Fincher, Animal Services Director; Jim Frost, City Treasurer and Debra L. McKay, Assistant City Clerk/Records Manager. *...,. No communication was made from the public. ~~.*~,. C. ITEMS OF DISCUSSION C1. DISCUSSION AND CONSIDERATION OF PROPOSED BUDGETS FOR FISCAL YEAR 2012/13 A staff report was presented by John Gillison, City Manager. Mr. Gillison addressed the economic downturn and the City's current situation and spoke about sales tax revenue versus the unemployment rate. He indicated that the previous "soft landing" approach has been negated by the State's elimination of Redevelopment. The General Fund has been faced with a $4.2 million deficit and is now operating with essentially the same General Fund revenue as in FY 2006107. Meanwhile, he noted that various reoccurring costs continue to rise. The principal challenges for FY 2012/13 were discussed, including adjustment to the loss of Redevelopment programs, projects, services and personnel; the need to gradually wind down the business of the former Agency and the proactive adjustment of employee salaries and benefits to offset the rising PERS pension costs. Other challenges include the need to offset rising utility and fuel costs with increased efficiencies, cost savings or other new revenues (as necessary) and the goal to balance the City's operating budget without the use of reserves. Charts were presented showing how $2,574,150 in reserve interest has been used to balance the operating budget over the last three years. *DRAFT* Proposed Budgets for Fiscal Year 2012113 -Fire Protection District, City Council Minutes Special Meeting -June 6, 2012 -Page 1 of 3 Mr. Gillison addressed the FY 2012/13 budget goals, including the goal to seek through litigation the restoration of Vehicle License Fee revenue and Property Tax Administration fees; the goal to end the FY 2012/13 with savings that will go to the reserves and the goal to set aside $500,000 to $1,000,000 each year for placement into the reserves. Mr. Gillison commented on the FY 2012/13 budget changes, including the staffing reduction and loss of programs as a result of the elimination of Redevelopment. Mr. Gillison also noted that all of the labor agreements are nearly complete and outlined the reduction of furlough hours, the restructuring or option to restructure future medical benefits, the requirement for new and existing employees to share in the cost of their pensions, the reduced pension benefits for new hires, the continued holiday closure of City facilities and the voluntary 10% reduction in Council compensation and the elimination of PERS benefits for future elected officials. Lastly, he outlined the facility operation and program reductions proposed for FY 2012/13 and noted four programs are proposed to be eliminated entirely (nearly all economic development services and tourism and marketing services previously provided by the former Redevelopment Agency, the elimination of the First Time Homebuyer Program and the elimination of the Holiday Banner program. The City's proposed Operating Budget of $63,340,830, the Library's proposed Operating Budget of $3,924,980, the Fire District's Operating Budget of $32,800,490 and the Special Funds Operating Budget of $72,320,230 were discussed. Also discussed were the key revenues for each of these funds as well as the changes in the operating funds and these revenue sources over the years. Mr. Gillison noted that the City is seeing the first sustained signs that the declines of the past few years has leveled off. There are some small areas of revenue growth and there are certain unavoidable fixed operating costs that are increasing. He noted that offsets are being proposed to current cost increases (i.e., employee pension changes, fuel and water efficiencies). Staff reductions are currently at 107.5 FTE since 2007. In response to Council Member Buquet, Mr. Gillison confirmed that this number included the previously reported 76 FTE positions. Mr. Gillison presented the proposed FY 2012/2013 budget. The City General Fund is recommended to be $63,340,830, which represents a 0.38% increase from Fiscal Year 2011/2012. The budget provides for a continuation of essential public services, does not use the reserves and adjusts to the loss of the Redevelopment Agency. The Fire District operating fund was discussed, which is recommended to be $26,699,390. This represents a 3.5% increase over Fiscal Year 2011/2012. This budget does not use the reserves and incorporates the fixed operating cost increases and redistributes operating expenses in various areas. Mr. Gillison noted that there is no increase in the CFD assessments for the first time the CFDs were created. The Library operating budget was discussed and is recommended to be $3,924,980. This represents a 1.2% reduction from Fiscal Year 2011/2012. This budget uses $86,650 of reserves and has absorbed the loss of $180,000 in State funding. It was noted that certain vacancies have been maintained and that the numerous grant programs has helped to shore-up services. Mr. Gillison addressed Special District revenues, including those in Community Facilities Districts, Landscape Maintenance Districts and Street Lighting Districts. Revenues continue to fluctuate but appear to be flattening out and in some cases are showing improvement. As some Districts do not have an index to adjust for rising costs, he noted that either an adjustment to the landscape maintenance level or Proposition 218 elections will be needed in the future. Mr. Gillison noted the need for each District to remain self-sufficient. The Capital Improvement Program was discussed, with Mr. Gillson noting that these funds are restricted and can not be used for general operating costs. The capital projects for Fiscal Year 2012/2013 include completion of Hellman Avenue storm drain to the Cucamonga Creek Channel, the pavement rehabilitation at various locations, the completion of the City Maintenance Yard Expansion and Household Hazardous Waste facility, the undergrounding of utilities on Arrow Route and Base Line Road, the Central Park pavilion as well as hardscape and landscape improvements, various park improvements (Golden Oak and Mountain View Parks), the construction of Southwest Cucamonga Park, the Fire Training Facility design and several pedestrian connections. *DRAFT* Proposed Budgets for Fiscal Year 2012/13 -Fire Protection District, City Council Minutes Special Meeting -June 6, 2012 -Page 2 of 3 In closing, Mr. Gillison noted that the City remains committed to maintaining its 30+ year tradition of fiscal stability and providing the highest quality services within budgetary constraints. The fiscal discipline that the City Council has maintained has enabled a much better outcome for Rancho Cucamonga than in many other places, even with the loss of the sixth largest redevelopment agency in California. He noted that the budgets presented, while still lean, are balanced within the resources available to the City, without the use of operational reserves. However, he noted that this state of balance is pending any further State impacts to local revenues. Council Member Alexander indicated that he would set up a meeting with the City Manager in order to discuss his concerns with some of the proposed reductions, specifically regarding programs for the seniors and youth sports. He noted that the people at the lowest end of the economic scale always seem to be affected the most. In response to Council Member Williams, Mr. Gillison noted that the rest of the City Council would receive an outline of the concerns and his responses at the next workshop. Council Member Williams inquired about the funding for the crossing guards and wondered if more funding could be cut. In response, Mr. Gillison noted the goal to gradually decrease the amount of funding and indicated that this is being discussed with the School Districts. Council Member Buquet stressed the need to communicate the service level changes to the community. He inquired on the outreach being done to affected agencies (such as the Chamber of Commerce and the School Districts). Lastly, Council Member Buquet expressed a concern with the Landscape Maintenance Districts and indicated that a plan should be prepared and steps should be taken to eliminate turf in these Districts. In response, Mr. Gillison noted that discussion is ongoing with affected agencies. Also, staff is exploring ways in which to reduce the amount of turf to be maintained in the Landscape Maintenance Districts. Mayor Pro Tem Spagnolo noted that he did not want to see any cuts. Regarding Council Member Alexander's comments, Mayor Pro Tem Spagnolo wondered what the Council Member would like to propose instead. Mayor Pro Tem Spagnolo inquired if the number of FTEs included the Police and Fire Departments. In response, Mr. Gillison indicated that the number did not include these Departments, noting that 10 FTE were affected in the Police Department and 3 FTE were eliminated in the Fire Department. Mayor Michael requested a copy of the PowerPoint presentation. He inquired about the Mobile Home Assistance Program and noted that some of the programs funded by the Redevelopment Agency have been absorbed by the General Fund. Mayor Michael pointed out that the loss of personnel puts a strain on the existing staff to provide services. He thanked the employees for their contribution to the City. Mayor Michael noted that the City Council wants to be a part of the solution. Future elected officials will not participate in PERS. He expressed a concern in the increase to the County's administrative fee and appreciated the use of electric/CNG vehicles in the City fleet. He noted that a second budget workshop will be needed, noting that it has been scheduled for June 14, 2012. In the meantime, Council Member Buquet noted that the City Council members could speak with the City Manager with any budget questions. ***«*, The meeting adjourned at 4:06 p.m. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: " " "' " " *DRAFT* Proposed Budgets for Fiscal Year 2012/13 -Fire Protection District, City Council Minutes Special Meeting -June 6, 2012 -Page 3 of 3 June 6, 2012 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CITY COUNCIL CLOSED SESSION MINUTES The Rancho Cucamonga Fire Protection District, Successor Agency and City Council held a closed session on Wednesday, June 6, 2012 in the Tapia Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor L. Dennis Michael. Present were District/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice PresidenUMayor Pro Tem Sam Spagnolo and President/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager and Lori Sassoon, Deputy City Manager. The following closed session items are being considered: D1. CONFERENCE WITH LABOR NEGOTIATOR CHRIS PAXTON PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, THE MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUP AND EXECUTIVE MANAGEMENT EMPLOYEES -FIRE, CITY D2. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(8) - TWO POTENTIAL CASES - SUCCESSORAGENCY, CITY D3. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) - BEAR GULCH, A CALIFORNIA CORPORATION, DBA BEAR GULCH, INC. V. CITY OF RANCHO CUCAMONGA; RIVERSIDE CONSTRUCTION COMPANY, INC., A CALIFORNIA CORPORATION AND DOES 1 100 INCLUSIVE. CASE NO. CIVRS 1203421 -CITY MUNICATIONS ON No persons were present wishing to speak. No announcements were made. *DRAFT* Fire Protection District, Financing Authority, City Council Minutes June 6, 2012 -Page 1 of 7 The closed session recessed at 6:25 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meetings of the Rancho Cucamonga Fire Protection District, Financing Authority and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. President/Chairman/Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Board Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams; Vice President/Vice Chairman/Mayor Pro Tem Sam Spagnolo and President/Chairman/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager; Bill Wittkopf, Public Works Services Director; Mark Steuer, Director of Engineering Services; Chris Paxton, Human Resources Director; Nettie Nielsen, Community Services Director; Jeff Bloom, Interim Planning Director; Trang Huynh, Building & Safety Services Director; Fire Chief Mike Bell; Debra McKay, Records Manager/Assistant City Clerk; Adrian Garcia, Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk. H1. Recognition of Officers Involved in Edible Arrangement and Radio Shack Robberies Mayor Michael thanked Lieutenant Chris Ilizaliturri, Officer Damarus Bonfil-Espinoza and Officer GiovanniEspinoza for their actions in catching the suspects of the Edible Arrangement and Radio Shack robberies. H2. Announcement of the 2012/13 Season at the Lewis Family Playhouse. Susan Sluka-Kelley, Community Services Supervisor, presented the 2012/13 season of events at the Lewis Family Playhouse. 11. Michael Moore, referenced comments made in the Daily Bulletin and spoke about the dignity of labor. He noted that Mayor Pro Tem Spagnolo should apologize for his remarks. 12. Genevieve Shenton invited the City Council and the audience to the Eagle's Wings Walk to End Domestic Violence on June 16, 2012 at Cucamonga Christian Fellowship. Further information is at www.eagleswingsglobal.org. 13. Susan Harman spoke about domestic violence and Eagle's Wings mission 14. Judi Noble, Founder and Executive Director of Eagle's Wings, spoke about the organization's mission and purpose. *DRAFT* Fire Protection District, Financing Authority, City Council Minutes June 6, 2012 -Page 2 of 7 15. Bill Hanlon indicated that he was not able to locate proof of Council Member Buquet's service in the National Guard and requested further information. 16. Luana Hernandez invited the City Council and the audience to the historical tour on June 16, 2012 from 11 to 5 p.m. Further information is at www.hpaofrc.org. 17. John Lyons indicated that he voted today, spoke about the Olympic torch that was carried through the City today, thanked Code Enforcement for cleaning up his neighborhood and commented about D-Day. Lastly, Mr. Lyons encouraged everyone to vote for Senator Dutton. The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J1. Approval of Minutes: May 16, 2012 (Regular Meeting) J2. Approval of Check Register dated May 9, 2012 through May 29, 2012 for the total of $210, 702.71. J3. Approval to proceed with the Biennial review of the Conflict of Interest Code for the Fire Protection District, Successor Agency and City Council. MOTION: Moved by Buquet, seconded by Alexander, to approve the staff recommendations in the staff reports. Motion carried 5-0. K1. Approval to proceed with the Biennial review of the Conflict of Interest Code for the Fire Protection District, Successor Agency and City Council. K2. Approval of Recognized Obligation Payment Schedules CROPS) for the time periods of January to June 2012 and July to December 2012. MOTION: Moved by Buquet, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 5-0. L1. Approval of Minutes: May 16, 2012 (Regular Meeting) MOTION: Moved by Buquet, seconded by Alexander, to approve the minutes. Motion carried 5-0. M. CONSENT CALENDAR -CITY COUNCIL *DRAFT* Fire Protection District, Financing Authority, City Council Minutes June 6, 2012 -Page 3 of 7 M1. Approval of Minutes: May 16, 2012 (Regular Meeting) M2. Approval of Check Register dated May 9, 2012 through May 29, 2012 and payroll ending May 29, 2012 for the total amount of $4,252,843.99. M3. Consideration of a Light Variance requested for Minors, Majors, Juniors and Senior Divisions All-Star Tournament hosted by District 71 Little League during June 23 -July 28, 2012, at Heritage and Red Hill Community Parks. M4. Approval of the City of Rancho Cucamonga and Inland Valley Daily Bulletin Joint Trade Agreement (CO 12-048) for June 1, 2012 -May 30, 2013. M5. Approval to award a contract (CO 12-049) to Applied Planning, Inc. to create an Environmental Impact Report (EIR) for the proposed Foothill Walmart Super Store project located at the northeast corner of Foothill Boulevard and Mayten Avenue (DRC2012- 00049), in accordance with request for proposal No. 11/12-109, in the amount of $348,762 to be funded from Account Number 1001314-5303 (Contract Services Reimbursable). M6. Approval to proceed with the Biennial review of the Conflict of Interest Code for the Fire Protection District, Successor Agency and City Council. M7. Approval to award the purchase of one (1) CNG Powered Conventional Cab Log Loader Truck to Nixon-Egli Equipment Co., of Ontario, California, in accordance with Request for Bid ("RFB") #11/12-014 in the amount of $228,659.00 from Acct. No. 1105208-5604 (AB2766 Air Quality Improvement Fund). M8. Release of Faithful Performance Bond retained in lieu of Maintenance Guarantee Bond for Parcel Map 17594 (Street Improvements), located at the northeast corner of Foothill Boulevard and Rochester Avenue, submitted by F & F, LLC. M9. Release of Maintenance Guarantee Bond for DRC2006-00580, located on the southeast corner of Etiwanda Avenue and Arrow Route, submitted by Smash, LLC. M10. Approve the Purchase and Installation of Ptay Equipment from Landscape Structures, Inc., for the Etiwanda Creek Park Playground, utilizing a competitively bid Cooperative Agreement awarded by Houston-Galveston Area Council (HGAC Contract No. PR 11-10), and authorize the expenditure of $275,823.73 plus a 5% Contingency to be funded from Account No. 1120305-565011802120-0. MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5-0. 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. N1. ENVIRONMENTAL ASSESSMENT AND LA/ONTARIO INTERNATIONAL AIRPORT LAND USE COMPATIBILITY PLAN DRC2010-00157 -The review and adoption of the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) and Cooperative Agreement for establishing the Ontario International Airport-Inter Agency Collaborative (ONT-IAC). Related Files: Industrial Area Specific Plan Subarea 18 Text Amendment DRC2010-00685 and Development Code Amendment DRC2010-00984. Staff has prepared a Negative Declaration of environmental impacts for consideration. *DRAFT* Fire Protection District, Financing Authority, City Council Minutes June 6, 2012 -Page 4 of 7 ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN SUBAREA 18 TEXT AMENDMENT DRC2010-00685 - CITY OF RANCHO CUCAMONGA - A request to amend Section 5.3.2. of the Industrial Area Specific Plan Subarea 18 to add language requiring compliance with the building height limits in the LA/Ontario International Airport Land Use Compatibility Plan Related Files: LA/Ontario Airport Land Use Compatibility Plan DRC2010-00157 and Development Code Amendment DRC2010-00984. Staff has prepared a Negative Declaration of environmental impacts for consideration. RESOLUTION NO. 12-079 A RESOLUTION OF THE RANCHO CUCAMONGA CITY COUNCIL ADOPTING DRC2010-00157, THE LA/ONTARIO INTERNATIONAL AIRPORT LAND USE COMPATIBILITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF. RESOLUTION NO. 12-080 A RESOLUTION OF THE RANCHO CUCAMONGA CITY COUNCIL ADOPTING THE COOPERATIVE AGREEMENT FOR ESTABLISHING THE ONTARIO INTERNATIONAL AIRPORT - INTER AGENCY COLLABORATIVE (ONT-IAC) TO ESTABLISH A COOPERATIVE PROCESS IN ORDER TO IMPLEMENT THE GOALS AND POLICES OF THE LA/ONT AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP); AND MAKING FINDINGS IN SUPPORT THEREOF. ORDINANCE NO. 854 {FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN (IASP) SUBAREA 18 AMENDMENT DRC2010-00685, AMENDING SECTION 5.3.2 OF THE IASP SUBAREA 18 BY ADDING LANGUAGE REQUIRING COMPLIANCE WITH BUILDING HEIGHT LIMITS IN THE LA/ONTARIO INTERNATIONAL AIRPORT LAND USE COMPATIBILITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF. Donald Granger, Senior Planner presented the staff report In response to Council Member Buquet, Mr. Granger spoke about the ability to construct high rise buildings and the height limitations in various points in the City. He indicated that the plan has a 70 foot height limit in the high terrain zone in the area between Fourth and Sixth Streets. As you move further north, the height limits increase. It was noted that the 70 foot height limit was primarily in Subarea 18. Mayor Michael referenced the discussions held at the last team building session regarding the Council's commitment to support the City of Ontario's control of the airport. In response, Mr. Granger noted that adoption of this plan would send a message that the communities adjacent to the airport are in partnership with each other and promote regional control. In response to Mayor Michael, Mr. Granger indicated that the plan did not present any additional challenges. He noted that if the City Council desired a high rise building in an area with a 70 foot height limit, staff would work with the City of Ontario and apply to the FAA. Jerry Bloom, Ontario Planning Director, spoke about safety requirements around an airport. He noted that the FAA has indicated that they would consider higher buildings within reason. The City of Ontario has additional limitations due to its proximity to the airport. * DRAFT* Fire Protection District, Financing Authority, City Council Minutes June 6, 2012 -Page 5 of 7 Mayor Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed the public hearing. The Assistant City Clerk/Records Manager read the title of Ordinance No. 854. MOTION: Moved by Spagnolo, seconded by Williams to adopt Resolution Nos. 12-079 and 12- 080, take up Ordinance No. 854 for first reading and schedule second reading for June 20, 2012. Motion carried 5-0. O. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. 01. Update on post-Redevelopment dissolution. (Oral) Linda Daniels, Assistant City Manager; James Markman, City Attorney; and John Gillison, City Manager presented the update. Mr. Gillison addressed the initiation of litigation on the use of bond proceeds to finish the Corporate Yard. P1. Mayor Pro Tem Spagnolo indicated that the Community Services Subcommittee is recommending the reappointment of Linda Bryan to the Community i~ Arts Foundation Board of Directors. MOTION: Moved by Spagnolo, seconded by Buquet, to reappoint Linda Bryan to serve on the Community & Arts Foundation Board of Directors to a four year term, expiring in June, 2016. Motion carried 5-0. P2. Mayor Michael indicated that the Community Services Subcommittee is recommending the reappointment of Pat Morris and Kelly Matheny to the Park and Recreation Commission. MOTION: Moved by Williams, seconded by Alexander, to reappoint Pat Morris and Kelly Matheny to serve on the Park and Recreation Commission to a four year term, expiring in June, 2016. Motion carried 5-0. P3. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Buquet referenced comments made earlier in the evening. He noted that the statements made were not true and noted that he would not waste his time in responding to them. Council Member Williams congratulated the planners of the Bicycle Rodeo, which was held this past weekend. She noted that it was a wonderful event. *DRAFT* Fire Protection District, Financing Authority, City Council Minutes June 6, 2012 -Page 6 of 7 Mayor Michael noted that the City Council members frequently attend many community events and thanked them for their commitment to the community. P4. LEGISLATIVE AND REGIONAL UPDATES (Oral) Mayor Pro Tem Spagnolo thanked Senator Dutton for his work on SB 986. He reported on the Governor's May revise and stated that there is a 15.7 billion deficit. No items were identified. R. ADJOURNMENT Mayor Michael adjourned the meeting at 8:45 p.m. in the memory of all the soldiers who gave their lives on D-Day, June 6, 1944. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: ***** `DRAFT* Fire Protection District, Financing Authority, City Council Minutes June 6, 2012 -Page 7 of 7 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Aaenda Check ReEister 5/30/2012 through 6/12/2012 P1 Check No. Check Date Vendor Name ~ Amoum; AP 00324894 2012/06/06 ( ADAPT CONSULTING INC ~ 899.98 AP 00324894 2012/06/061 ADAPT CONSULTING INC 891.78 AP 00324900 2012/06/06 ( APPLE ONE EMPLOYMENT SERVICES 432.00 AP 00324883 2012/05/31 f CITRUS MOTORS ONTARIO INC 14.12 AP 00324648 2012/05/30 l lUP GRAPHICS 69.41 AP 00324653 2012/05/30 ( ABLETRONICS 11.38 AP 00324662 2012/05/30 ( ALL CITIES TOOLS 290.76 AP 00324672 2012/05/30 ( BALL, ROBERT 631.67 AP 00324689 2012/05/30 ( CALPERS 5,712.00 AP 00324689 2012/05/30 ( CALPERS 261.04 AP 00324691 2012/05/30 ( CARQUEST AUTO PARTS 27.59 AP 00324725 2012/05/301 FLEET SERVICES INC. 19.14 AP 00324732 2012/05/30 ( GRAINGER 91.54 AP 00324734 2012/05/301 GRAVES & KING LLP 145.00 AP 00324734 2012/05/301 GRAVES & KING LLP 182.00 AP 00324734 2012/05/30 l GRAVES & KING LLP 157.50 AP 00324734 2012/05/30 ( GRAVES & KING LLP 137.50 AP 00324758 2012/05/30 f KME FIl2E APPARATUS 85.62 AP 00324758 2012/05/30 ( KME FIRE APPARATUS 2,041.86 AP 00324809 2012/05/30 ( SAN ANTONIO COMMUNITY HOSPITAL 145.00 AP 00324821 2012/05/30 ( SO CALIF GAS COMPANY 140.63 AP 00324821 2012/05/301 SO CALIF GAS COMPANY 50.01 AP 00324821 2012/05/301 SO CALIF GAS COMPANY 19.03 AP 00324821 2012/05/30 ( SO CALIF GAS COMPANY 58.25 AP 00324821 2012/05/301 SO CALIF GAS COMPANY 115.03 AP 00324821 2012/05/301 SO CALIF GAS COMPANY 115.03 AP 00324821 2012/05/301 SO CALIF GAS COMPANY 108.07 AP 00324821 2012/05/301 SO CALIF GAS COMPANY 172.24 AP 00324821 2012/05/30 l SO CALIF GAS COMPANY 91.07 AP 00324835 2012/05/301 SUNSET PRINTING AND ADV SPEC CO 1,595.56 AP 00324837 2012/05/30 ( TERMINIX PROCESSING CENTER 37.00 AP 00324837 2012/05/30 f TERMINIX PROCESSING CENTER 37.00 AP 00324844 2012/05/30 ( UNIFIRST UNIFORM SERVICE 58.79 AP 00324850 2012/05/30 l VAN GAALEN LOCK & KEY 118.66 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 475.70 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 38.59 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 19.73 AP 00324855 2012/05/301 VERIZON CALIFORNIA 19.72 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 57.91 AP 00324855 2012/05/30 l VERIZON CALIFORNIA 37.42 AP 00324862 2012/05/30 ( WALTERS WHOLESALE ELECTRIC CO 248.10 AP 00324864 2012/05/30 ( WAXIE SANITARY SUPPLY 168.52 AP 00324869 2012/05/30 ( WESTPAC HEAVY DUTY OF CALIFORNIA LLC 38.51 AP 00324869 2012/05/30 ( WESTPAC HEAVY DUTY OF CALIFORNIA LLC 24.14 AP 00324869 2012/05/301 WESTPAC HEAVY DUTY OF CALIFORNIA LLC 19.94 User: VLOPEZ -VERONICA LOPEZ Page: 1 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Curren[ Date: 06/13/: Time: 16:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2012 through 6/12/2012 Check No. Check Date Vendor Name Amoum AP 00324871 2012/05/30 ( WINZER CORPORATION 174.81 AP 00325077 2012/06/07 ( AIRGAS WEST 35.29 AP 00325077 2012/06/07 ( AIRGAS WEST 18.77 AP 00325077 2012/06/07 ( AIRGAS WEST 139.49 AP 00324927 2012/06/06 ( DANIELS TIRE SERVICE 175.09 AP 00324916 2012/06/06 ( CERVANTES, MIGUEL 370.00 AP 00324914 2012/06/06 l . CARNES, SANDY 55.48 AP 00324914 2012/06/06 ( CARNES, SANDY 27.59 AP 00324912 2012/06/061 CALIFORNIA PUBLIC EMPLOYEES 1,029.60 AP 00324912 2012/06/061 CALIFORNIA PUBLIC EMPLOYEES 4,212.00 AP 00324911 2012/06/06 I BURTON'S FIl2E INC 297.56 AP 00324907 2012/06/06 l BIA BALDY VIEW CHAPTER 75.00 AP 00324905 2012/06/061 BARTEL ASSOCIATES LLC 800.00 AP 00324970 2012/06/06 I INDEPENDENT STATIONERS 132.82 AP 00324970 2012/06/061 INDEPENDENT STATIONERS 505.68 AP 00324970 2012/06/06 I INDEPENDENT STATIONERS -18.04 AP 00324970 2012/06/06 I INDEPENDENT STATIONERS 153.42 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 153.42 AP 00324963 2012/06/06 ( HOYT LUMBER CO, SM 7.35 AP 00324962 2012/06/06 l HOSE MAN INC 29.61 AP 00324954 2012/06/06 ( HAM RADIO OUTLET 4,926.79 AP 00324944 2012/06/06 ( FOWLER, ROBIN 42.71 AP 00325018 2012/06/06 ( RAYNE WATER CONDITIONING INC 26.25 AP 00325015 2012/06/06 ( QUALA TEL ENTERPRISES 886.74 AP 00325014 2012/06/06 ( PROULX, PATRICK 56.00 AP 00325010 2012/06/06 ( PHYSIO CONTROL INC 1,538.67 AP 00325005 2012/06/06 l PATTON SALES CORP 423.24 AP 00325003 2012/06/061 PARKER, ANDREW JAMES 1,286.32 AP 00324997 2012/06/06 ( NAVARRETTE, DANIEL 50.00 AP 00324997 2012/06/06 ( NAVARRETTE, DANIEL 200.00 AP 00324996 2012/06/06 ( NAPA AUTO PARTS 343.42 AP 00325035 2012/06/06 ( SMART AND FINAL 83.32 AP 00325035 2012/06/061 SMART AND FINAL 20.01 AP 00325035 2012/06/06 l SMART AND FINAL 136.58 AP 00325034 2012/06/061 SEYMOUR, RONALD 50.00 AP 00325034 2012/06/061 SEYMOUR, RONALD 200.00 AP 00325032 2012/06/061 SC FUELS 3,967.62 AP 00325032 2012/06/06 ( SC FUELS 5,926.33 AP 00325032 2012/06/06 I SC FUELS 2,535.45 AP 00325032 2012/06/061 SC FUELS 1,806.76 AP 00325066 2012/06/06 I VERIZON WIRELESS - LA 1,598.70 AP 00325065 2012/06/061 VERIZON CALIFORNIA 37.42 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 112.26 AP 00325065 2012/06/06 f VERIZON CALIFORNIA 475.70 AP 00325065 2012/06/06 f VERIZON CALIFORNIA 475.70 P2 User: VLOPEZ -VERONICA LOPEZ Page: 2 Current Date; 06/]3/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT A¢enda Check Resister 5/30/2012 through 6/12/2012 Check No. Check Dale Vendor Name Amount AP 00325060 2012/06/06 ( US FOREST SERVICE 228.00 AP 00325054 2012/06/06 ( UNIFIRST UNIFORM SERVICE 58.79 AP 00325054 2012/06/06 ( UNIFIRST UNIFORM SERVICE 58.79 AP 00325054 2012/06/06 ( UNIFIRST UNIFORM SERVICE 58.79 AP 00325054 2012/06/06 ( UNIFIRST UNIFORM SERVICE 54.82 AP 00325048 2012/06/06 ( TERMINIX PROCESSING CENTER 73.00 AP 00325043 2012/06/06 ( SPECTRUM GAS PRODUCTS 1,095.00 AP 00325041 2012/06/061 SOUTHERN COUNTIES LUBRICANTS LLC 2,871.30 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 1,079.85 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 466.98 AP 00325035 2012/06/06 ( SMART AND FINAL 109.89 AP 00325035 2012/06/06 ( SMART AND FINAL 12.90 AP 00325032 2012/06/06 (. SC FUELS 1,806.75 AP 00325032 2012/06/06 ( SC FUELS 1,132.42 AP 00325032 2012/06/06 I SC FUELS 2,529.45 AP 00325032 2012/06/061 SC FUELS 4,361.14 AP 00325022 2012/06/06 l RICHARDS WATSON AND GERSHON 1,068.50 AP 00325022 2012/06/06 ( RICHARDS WATSON AND GERSHON 132.80 AP 00325020 2012/06/06 ( RESCUE RESPONSE GEAR LLC 154.10 AP 00325020 2012/06/06 ( RESCUE RESPONSE GEAR LLC 2,027.88 AP 00324993 2012/06/06 ( MIJAC ALARM COMPANY 85.00 AP 00324981 2012/06/06 l KME FIRE APPARATUS 115.40 AP 00324981 2012/06/06 ( KME FIRE APPARATUS 135.51 AP 00324975 2012/06/061 INTELLIBRIDGE PARTNERS LLC 5,490.00 AP 00324975 2012/06/06 I INTELLIBRIDGE PARTNERS LLC 5,490.00 AP 00324973 2012/06/06 ( INLAND OVERHEAD DOOR COMPANY 223.50 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 104.88 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 71.71 AP 00324942 2012/06/06 ( FLEETPRIDE 32.14 AP 00324942 2012/06/06 ( FLEETPRIDE 289.99 AP 00324942 2012/06/06( FLEETPRIDE 31.98 AP 00324942 2012/06/06 ( FLEETPRIDE 189.10 AP 00324942 2012/06/06 ( FLEETPRIDE 478.96 AP 00324933 2012/06/06 ( EIGHTH AVENUE ENTERPRISE LLC 86.20 AP 00324927 2012/06/06 ( DANIELS TIRE SERVICE 3,436.70 AP 00324927 2012/06/06 ( DANIELS TIRE SERVICE ],279.34 AP 00325078 2012/06/07 ( CUCAMONGA VALLEY WATER DISTRICT 399.68 AP 00325079 2012/06/07 l DAPPER TIRE CO 6,290.44 AP 00325079 2012/06/071 DAPPER TIRE CO 5,000.00 AP 00325085 2012/06/07 I INTERSTATE BATTERIES 334.71 AP 00325085 2012/06/071 INTERSTATE BATTERIES 334.71 AP 00325085 2012/06/07 ( INTERSTATE BATTERIES 1,000.00 AP 00325085 2012/06/07 ( INTERSTATE BATTERIES 299.33 AP 00325085 2012/06/07 ( INTERSTATE BATTERIES 334.71 AP 00325085 2012/06/07 ( INTERSTATE BATTERIES 334.71 P3 User: VLOPEZ -VERONICA LOPEZ Page: 3 Curren[ Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Resister 5/30/2012 through 6/12/2012 Check No. Check Date Vendor Name Amoum AP 00325085 2012/06/07 I IN"I'ERSTATE BATTERIES 144.06 AP 00325085 2012/06/07 l IN'T'ERSTATE BATTERIES 334.70 AP 00325085 2012/06/071 INTERSTATE BATTERIES 13.42 AP 00325086 2012/06/07 ( KONICA MINOLTA BUSINESS SOLUTIONS USA L 38.17 AP 00325088 2012/06/07 ( LN CURTIS AND SONS 2,319.71 AP 00325088 2012/06/07 ( LN CURTIS AND SONS 993.60 AP 00325089 2012/06/07 ( SUNRISE FORD 3,082.93 AP 00325089 2012/06/07 ( SUNRISE FORD 1,795.48 EP 00002597 2012/06/05 ( BANTAU, VICTORIA 842.06 EP 00002598 2012/06/05 1 BAZAL, SUSAN 899.65 EP 00002599 2012/06/05 I INTERLICCHIA, ROSALYN 961.75 EP 00002600 2012/06/05 I MCMII,LEN, LINDA 287.09 Total for Entity: 114,654.94 P4 User: VLOPEZ -VERONICA LOPEZ Page: 4 Current Dale: 06/13/: Report; CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:2 O E U L C O U V W Y N ~ ~ £ l0 C d ~ N w N ~ O W ~ ~ r O ~ O ~"~ a`°~om ~ ~ ~ ~ wO ~a c o~ ~~Q~pD ~ J ~ f > Y Q m f > p O n Q Te' N r D ~ m ~ o m m O P H N N c ~ c o 0 0 N M ~ n ~ N m o e o ~ o ~ 0 0 ~ N N I O ~ I O r N N N N d I^ O N I Nl I ~ I t~l O ~ ~e ~ a° Y 0 o~ m ~ 7 e O N m O m d N O ro n m O a N O t0 m o m ap O O VN ~ O Vf r O N N N m m N O m N tyi A N d m ° ° ~ ° ~ J[ ~ o o m m ao q O m N O N~ ~ p p N O O M m n o ion ~ ~ a m in N N r r an d ' m °o °o ~ °' a N °° e - ~ o o o r o ~ _ n n o i ~ ~ v i th ~ of vi N h N N C Fd N C a 8 ~ 'o LL V d E v H = m ~ a ~i' y o c c m m y Q ¢ n FC o ° > ~~Qj ° C J IL O d q E 'u m a ~ ~ a 'p T C ~.c m U~ y ~~ U N ac U a~ H P5 d w a m ~ ¢ n m t.~ LL c m d c o f > o aie ~ n o o ~ s ° `-0dE a° nz J N (A ~ ~ LL N ~ n d d U U t . . _ N a~° c d c Elm N > d > C ~ _ O r 9 d O % C Td'n T p U d L ¢ ~ C N y E c d d N m .t. 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C Q1 0 ~ ~ N C r Q ° ` V C ° N n d /6 prL y ~ •~M a ~ d ,a o ° ~ LL o O ci a 0 ~ q R ~ d a a' d° NOl t l ~ ° Q ~ N O 0 Z e LL O N r z e w .~ N W 1 Z_ U m Z m W m (~ N Q Q J U ~ ~ q J O a a y c LL C 'o m O o N d C T u m OI a O 0 O u}i EIS f~ I~ z y Q (~ H F 0 w Z J 7 ~ a W C ^ q W LL O a c O y a 0 U m y~ o N N T C d Q N _N N ` LL d O d LL N N 0 N N O N N M 1+1 N N V O O O O 0 N N 10 [O b O O O O N N O O N O O O O O N O O N N eO N O pO N N N 0 N al ro f/I 00 O N z U H Z Q K m F ~ F > y a LL v ~ W U K N 0 O 00 ~ Y a 'u m C ~ ~ °N f N m O b n N n N N N W b O N N A A N r A N n T OI Q a W O f way ~_ Q ~ r W m _o i > O ~I z C S o a rc a ~ 6 0 ~_ K 0 rc N d A a E d N a s N W V y ~~ N d N A O ~ U ~ !~ O N d f6 `~ e= O ~ p M a o o ~ m o o~ LL a° ao V N d a d a m Q d E a c N U 0 N O a 0 0 0 e m O N O m a m O m O N O [7 A N 0 M 0 e 0 Z O LL J Q U LL d Y e QZ d m m Z d ~ q z d a 9 V N u ° Q o m Y d L U p N a g a of N m N O n A n n YI N 0 N yb b N N N A N n a c e r N 0 m m Gd a N C v m r b d v b P7 w a ~ Q n LL e a o i ~ rc o a a ~ 1 m O r~ 0 rc d a w a Cj~ n jy Ei NL ~3 `c N °u c°W~ ~ ~ C7 • ~ C N u ¢ ~ C a `c ` w. ~ a+ y M 0 O C1 T ~` ~ V C F ~. O> d a+ N m 3 ~, O `o P d p •~ ~ qc d p v N ao A LL 0 N U / \V ~ 0 g ~ (TO N i is r~ m ~ ~ b ~ ~ l ~ ~ a M O Z LL F z w w W 7_ N U ~ o ~ ¢ X V1 Q y ~' U t O C ~ O ~_ 9 C LL c o m o ~ ° d C T m Q O A o O Y J N N O 3 z O LL J Q U Z` O m E z o ~ ~ E y Z N T ~ L Z 7 C O f C u N u ° a o rn Y b O N a ° b o a y 0 E N C O 6 O U N N U C Q b d LL 0 N O O m A Q .~ ._ O mb Y O 0 0 r P8 w a Q N N LL ~ O ~ j o i~ ~ ~ m o a ~ a ~ a N 0 rc P9 Pooled State of California Money Investment Account Market Valuation 4/30/2012 Description Carrying Cost Plus Accrued Interest Purch Fair Value Accrued Interest United States Treasu Bills $ 18,122,178,39908 $ 18,136,389,50000 NA Notes $ 14,978,570,924 96 $ 15,038,913,500 00 $ 15,676,344 00 Federal A enc SBA $ 541,493,475 27 $ 541,825,842 84 $ 565,444 90 MBS-REMICs $ 353,439,674 10 $ 387,908,058 10 $ 1,684,562 98 Debentures $ 750,601,77762 $ 751,110,50000 $ 1,034,16600 Debentures FR $ - $ - $ - Discount Notes $ 4,791,501,388 76 $ 4,798,897,000 00 NA GNMA $ 21,707 39 $ 21,878 63 $ 212 72 IBRD Debenture $ 399,931,803 28 $ 400,000,000 00 $ 755,556 00 IBRD Deb FR $ - $ - $ - CDs and YCDs FR $ 400,000,000 00 $ 400,000,000 00 $ 529,746 67 Bank Notes $ - $ - $ - CDs and YCDs $ 11,075,012,247 86 $ 11,073,859,218 28 $ 8,539,236 11 Commercial Pa er $ 2,449,335,763 86 $ 2,448,828,500 00 NA Cor orate Bonds FR $ - $ - $ - Bonds $ - $ - $ - Re urchase A reements $ - $ - $ - Reverse Re urchase $ - $ - $ - Time De osits $ 4,320,640,000 00 $ 4,320,640,000 00 NA AB 55 8 GF Loans $ 10,613,136,171 26 $ 10,613,136,171 26 NA TOTAL $ 68,795,863,33344 $ 68,911,530,16911 $ 28,785,26938 Fair Value Including Accrued Interest $ 68,940,315,438 49 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost) STAFF REPORT - R.-1NCHO CUC~IMONGA FIRE PROTECTION DISTRICT RANCHO Date: June 20, 2012 C,,UCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II Subject: ADOPTION OF A RESOLUTION DECLARING RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-12-1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY LOCATED ON THE SOUTH SIDE OF LEMON AVE. WEST OF HERMOSA AVE. TO COMMUNITY FACILITIES DISTRICT NO. 88-1 (JAIME CAMPOS, OWNER -APN: 0201-902-16) RECOMMENDATION Consideration of approval of a resolution declaring results of a special election in Community Facilities District No. 88-1, Annexation No. 88-12-1 and ordering the annexation of property located on the south side of Lemon Ave, west of Hermosa Ave. (the "Annexation Territory') to Community Facilities District No. 88-1. BACKGROUND On April 4, 2012, the Board declared its intention to annex APN: 0201-902-16 into CFD No. 88-1. On May 16, 2012, a public hearing was held regarding the annexation and following such public hearing, the Board of Directors adopted a resolution calling for a special election to submit the qualified electors of the Annexation Territory a ballot measure pertaining to the authorization to levy a special tax within the Annexation Territory. A special election was scheduled for May 23, 2012. On May 23, 2012, the landowner submitted their ballot to the Board Secretary. The Board Secretary has canvassed the ballot and completed the statement of votes cast (see Exhibit "A" of Resolution). The Landowner cast their vote unanimously in favor of the levy of the special tax in the Annexation Territory. Adoption of this resolution constitutes the formal action of the Board declaring the results of the election and the annexation of the Annexation Territory to Community Facilities District No. 88-1 and directs the recordation of an amendment to the existing Notice of Special Tax Lien. By recordation of this amendment, prospective purchasers of property within the Annexation Territory will have notice of the special tax obligation affecting such property. Respectful submitted, Mike Bell Fire Chief P10 Attachment 1. Resolution No 12-028 2. CFD 88-1 Map P11 RESOLUTION NO. FD 12-028 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILTIES DISTRICT NO. 88-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-12-1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 88-1 WHEREAS, the Board of Directors (the "Board") of the Rancho Cucamonga Fire Protection District, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 88-1 (the "District"); and, WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-12-1 ("Annexation Territory"), and, WHEREAS, the Board did call for and order to beheld an election to submit to the qualified voters of the Annexation Territory a proposition to levy a special tax in the Annexation Territory; and, WHEREAS, at this time said election has been held and the measure voted upon did receive the favorable 2/3's vote of the qualified voters, and the Board desires to declare the favorable results of the election and to order the annexation of the Annexation Territory to the District. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Board hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the Election Official, said Statement setting forth the number of votes cast in the election, the measure voted upon, and the number of votes given for and/or against the measure voted upon. A copy of said Certificate and Statement is attached hereto marked Exhibit "A", referenced and so incorporated. SECTION 3. The Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATEMENT OF VOTES CAST. SECTION 4. The Board hereby orders the annexation of the Annexation Territory to the District and further determines that the Board is now authorized to levy the special taxes within the Annexation Territory as approved and authorized by the qualified electors of the Annexation Territory. Resolution No. 12-028 -Page 1 of 3 P12 SECTION 5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED this _ day of , 2012. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, 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 2012. Executed this _ day of 2012, at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. 12-028 -Page 2 of 3 P13 CLRTIF[CATE OF ELEC1"IOEV OFFICIAL A[YD STATEMENT Of7 VOTES CAST STA"L"E OF CALIFORNIA ) COUNTY OI? Sr1N BERNr1RD[NO )SS RANCHU CUC:~MONGA FIRE PROTFCTION DISTRIC 1" } THE UNDERSIGNED, AS ELECTION OFFICIAL OF THE RANCHO CUCAMONCEA FIRE PRO"tF.Cl'ION DISTRICT, COUNTY OF SAN BERNARDiNO, STATL' OF CALIF012NIA, DO HEREBY CERTIFY that pursuant ro the Provisions oE' Scotian 53326 of the Govcrruncnt Code and the Etectiens Code of the State. of California, I did canvass the returns ofthe votes cast at the: RANCHO CUCAI,•EON(1.4 FTRi: PROTECTION DISTRICT C(7A4MUNffY Ft\C1LIT1E5 DESTRICTNO~ 88-1 ANNEXATION NO. 88-12-] SYHCIAL ELECTION [n said Fire Protection DistriG held on Mav 23.20 S2. E FUR'CHEl2 CERTIFY that this Statement of Votes Cast shou5 rho whole number of votes cast iu said DEstrict, and the whole number of votes cast fcrr Utt Mcasztrc in said District, and the totals of lire respet-tive coltunns and the rotais as shown f'or rite AM1easure are full, true and correct. TOTAL NUMBER OF VOTES CAST: f II. TOTAL NUtviBER OF VOTES FOR FOR ~ AND AGAINST PROPOSITION A AGAINST ~_ w1TN1?.SS my hand and official Sect this ~ day of-3~D/12/.- lYc.. '~-- M~ Via'--- Ele ion Ofticia] Ranc o Cttpntonga Fire Protection District State of California Resolution No. 12-028 -Page 3 of 3 ~~~~a~~oa~9~ ~ ag~8o$yo?3 ~:C1 Y ~E~;a~~i~~~`~ 7= 3 = na 3~CC3~~;~93 ~ N. 9.3~~TIi*~~'g~ ~ N -s~6~43~s3~ T ~ ~ ZJ1 ~yy a~.E~ic ,... ~ ~ ~ CAD •~•• ' z 4: s ~ r ~ ° ~ Grove Av r-._--- =-- _, ~.._., ~ ~ ._.._..i ~_ .~E33 ! ~•~.~ ?~3a;'4~b~ i D 1 ~ i Carnelian St VineyQ rd Av Hellman Av ~ ...•~~ ~ !Hellman Av ~-~ N 1 Archibald Av! 7 ! ~ i Archibald Av ~~~~ ~ , Hermosa Av! _ _ ~ i H~-r~ Av I • i Haven Av I ~ ~ _ _. ~ ~ Haven Av I ~ ~~ Milliken Av ~ ` _ _ ~._.._.._.._.._..+ Milliken Av _~__ I f j ~~ ~ ~~/ Rochester Av I _ ~ Rochester Av O -~~-® i ~• Day Creek Bt • _. ~ ~ ! ~ Etiwanda Av l~--_~_- ~ -tea ~. ~ I ~!- ~ East Av~ D m o W 0 0 ~ ~ ~] W r _ ~~ ' m O ~ ~-~ ~ ~ ~ L ~ ~ Q ~~ ~p Cherry Av o n n ~ o ~ ~ y, m ~ Q ~ ~ r D ~ ~- ~ ~ O ~ ~. ~- n tp ~ ~• j ~ N '~ Op ~~ ~ N ~ ~ v ~ old CITY OF RANCHO CUCAMONGA Agenda Check Register 5/30/2012 through 6/12/2012 P15 Check No. Check Date Vendor Name Amount AP 00324892 2012/06/061 909 MAGAZINE 550.00 AP 00324893 2012/06/06 I ACTION AWARDS INC. 178.20 AP 00324894 2012/06/061 ADAPT CONSULTING INC 1,571.23 AP 00324895 2012/06/061 AFLAC 7,068.08 AP 00324896 2012/06/061 AGAPE EMPLOYMENT 341.00 AP 00324896 2012/06/06 I AGAPE EMPLOYMENT 170.50 AP 00324897 2012/06/06 l ALONZQ PAUL 60.00 AP 00324898 2012/06/06 I ALTA LOMA ANIMAL HOSPITAL 25.00 AP 00324898 2012/06/06 ( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 I ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/061 ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 I ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/061 ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/061 ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 I ALTA LOMA ANIMAL HOSPITAL 25.00 AP 00324898 2012/06/06 l ALTA LOMA ANIMAL HOSPITAL 25.00 AP 00324898 2012/06/06 ( ALTA LOMA ANIMAL HOSPITAL ~ 50.00 AP 00324898 2012/06/06 ( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 ( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 ( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/061 ALTA LOMA ANIMAL HOSPITAL 25.00 AP 00324898 2012/06/06 f ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 ( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 ( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/061 ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 ( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 ( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 ( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/061 ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 ( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 ( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/061 ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/061 ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 ( ALTA LOMA ANIMAL HOSPITAL 25.00 AP 00324898 2012/06/06 ( ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/061 ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 l ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 I ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/061 ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324898 2012/06/06 l ALTA LOMA ANIMAL HOSPITAL 50.00 AP 00324899 2012/06/061 ANTECH DIAGNOSTICS 694.56 AP 00324901 2012/06/06 ( ARAMARK UNIFORM SERVICES 3.35 AP 00324902 2012/06/061 ARBOR NURSERY PLUS 1,844.68 AP 00324875 2012/05/31 l ABC LOCKSMITHS 215.50 AP 00324875 2012/05/31 1 ABC LOCKSMITHS 16.16 User: VLOPEZ -VERONICA LOPEZ Page: 1 Curren[ Dale; 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Aeenda Check Resister 5/30/2012 through 6/12/2012 P16 Check No. Check Date Vendor Name Amount AP 00324875 2012/05/31 ( ABC LOCKSMITHS 23.71 AP 00324876 2012/05/31 ( B AND K ELECTRIC WHOLESALE 612.88 AP 00324882 2012/05/31 1 BRODART BOOKS 18,464.04 AP 00324882 2012/05/31 1 BRODART BOOKS 2,308.01 AP 00324882 2012/05/31 1 BRODART BOOKS 2,618.33 AP 00324882 2012/05/31 ( BRODART BOOKS 15.68 AP 00324882 2012/05/31 I BRODART BOOKS 26.23 Ap 00324882 2012/05/31 ( BRODART BOOKS 15.10 AP 00324882 2012/08/31 f BRODART BOOKS 39.19 AP 00324882 2012/05/31 ( BRODART BOOKS 9.54 AP 00324882 2012/05/31 ( BRODART BOOKS 33.66 AP 00324882 2012/05/31 ( BRODART BOOKS 52.00 Ap 00324882 2012/05/31 ( BRODART BOOKS 365.77 AP 00324882 2012/05/31 ( BRODART BOOKS 85.08 AP 00324882 2012/05/31 ( BRODART BOOKS 54.44 AP 00324882 2012/05/31 1 BRODART BOOKS 90.08 AP 00324882 2012/05/31 1 BRODART BOOKS 16.36 AP 00324882 2012/05/31 ( BRODART BOOKS 14.56 AP 00324882 2012/05/31 f BRODART BOOKS 18.38 AP 00324882 2012/05/31 ( BRODART BOOKS 67.31 AP 00324882 2012/05/31 ( BRODART BOOKS 14.57 AP 00324882 2012/05/31 ( BRODART BOOKS 48.49 AP 00324882 2012/05/31 ( BRODART BOOKS 6.35 AP 00324882 2012/05/31 l BRODART BOOKS 107.35 AP 00324882 2012/05/31 1 BRODART BOOKS 14.55 AP 00324882 2012/05/31 1 BRODART BOOKS 10.01 AP 00324882 2012/05/31 1 BRODART BOOKS 23.04 AP 00324882 2012/05/31 1 BRODART BOOKS 9.53 Ap 00324882 2012/05/31 1 BRODART BOOKS 19.61 AP 00324882 2012/05/31 l BRODART BOOKS 35.84 AP 00324882 2012/08/31 1 BRODART BOOKS 33.94 AP 00324882 2012/05/31 ( BRODART BOOKS 14.57 AP 00324882 2012/05/31 ( BRODART BOOKS 31.04 AP 00324882 .2012/05/31 ( BRODART BOOKS 183.35 AP 00324882 2012/05/31 ( BRODART BOOKS 62.86 AP 00324882 2012/05/31 ( BRODART BOOKS 19.12 AP 00324882 2012/05/31 1 BRODART BOOKS 17.41 AP 00324882 2012/05/31 1 BRODART BOOKS 37.18 AP 00324882 2012/05/31 ( BRODART BOOKS 114.11 AP 00324882 2012/05/31 ( BRODART BOOKS 20.14 AP 00324882 2012/05/31 ( BRODART BOOKS 29.61 AP 00324882 2012/05/31 ( BRODART BOOKS 52.40 AP 00324882 2012/05/31 ( BRODART BOOKS 29.63 AP 00324882 2012/05/31 1 BRODART BOOKS 10.07 AP 00324882 2012/05/31 l BRODART BOOKS 10.07 User: VLOPEZ -VERONICA LOPEZ Page: 2 Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA P17 Agenda Check Register 5/30/2012 through 6/12/2012 Check No. Check Dale Vendor Name Amoum AP 00324882 2012/05/31 ( BRODART BOOKS 14.50 AP 00324882 2012/05/31 ( BRODART BOOKS 29.05 AP 00324882 2012/05/31 ( BRODART BOOKS 10.63 AP 00324882 2012/05/31 ( BRODART BOOKS 39.97 AP 00324882 2012/05/31 ( BRODART BOOKS 174.43 AP 00324882 2012/05/31 ( BRODART BOOKS 590.24 AP 00324882 2012/05/31 ( BRODART BOOKS 85.63 AP 00324882 2012/05/31 1 BRODART BOOKS 55.65 AP 00324882 2012/05/31 1 BRODART BOOKS 65.09 AP 00324882 2012/05/31 1 BRODART BOOKS 15.86. AP 00324882 2012/05/31 1 BRODART BOOKS 10.07 AP 00324882 2012/05/31 1 BRODART BOOKS 24.20 AP 00324882 2012/05/31 1 BRODART BOOKS 4.47 AP 00324882 2012/05/31 1 BRODART BOOKS 8.94 AP 00324882 2012/05/31 1 BRODART BOOKS 8.94 AP 00324882 2012/05/31 1 BRODART BOOKS 26.82 AP 00324882 2012/05/31 1 BRODART BOOKS 8.94 AP 00324882 2012/05/31 I BRODART BOOKS 4.47 AP 00324882 2012/05/31 1 BRODART BOOKS 8.94 AP 00324882 2012/05/31 1 BRODART BOOKS 6.63 Ap 00324882 2012/05/31 l BRODART BOOKS 13.26 AP 00324882 2012/05/31 l BRODART BOOKS 17.73 Ap 00324882 2012/05/31 l BRODART BOOKS 111.45 AP 00324882 2012/05/31 f BRODART BOOKS 22.35 AP 00324882 2012/05/31 ( BRODART BOOKS 8.94 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 6.63 Ap 00324882 2012/05/31 ( BRODART BOOKS 35.46 AP 00324882 2012/05/31 l BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 13.26 AP 00324882 2012/05/31 ( BRODART BOOKS 6.63 AP 00324882 2012/05/31 l BRODART BOOKS 44.40 AP 00324882 2012/05/31 1 BRODART BOOKS 6.63 AP 00324882 2012/05/31 1 BRODART BOOKS 4.47 AP 00324882 2012/05/31 I BRODART BOOKS 13.41 AP 00324882 2012/05/31 1 BRODART BOOKS 89.40 AP 00324882 2012/05/31 l BRODART BOOKS 138.57 AP 00324882 2012/05/31 ( BRODART BOOKS 40.23 AP 00324882 2012/05/31 ( BRODART BOOKS 26.82 AP 00324882 2012/05/31 ( BRODART BOOKS 6.63 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 User: VLOPEZ -VERONICA LOPEZ Page: 3 Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA P18 Agenda Check Resister 5/30/2012 through 6/12/2012 Check No. Check Date Vendor Name Amount AP 00324882 2012/05/31 l BRODART BOOKS 4.47 AP 00324882 2012/05/31 l BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 AP 00324882 2012/05/31 l BRODART BOOKS 19.89 AP 00324882 2012/05/31 ( BRODART BOOKS 46.86 AP 00324882 2012/05/31 ( BRODART BOOKS 22.35 AP 00324882 2012/05/31 ( BRODART BOOKS 8.94 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODARTBOOKS 16,156.04 AP 00324882 2012/05/31 ( BRODART BOOKS 2,618.33 AP 00324882 2012/05/31 ( BRODART BOOKS 26.23 AP 00324882 2012/05/31 ( BRODART BOOKS 21.33 AP 00324882 2012/05/31 l BRODART BOOKS 38.75 AP 00324882 2012/05/31 ( BRODART BOOKS 26.64 AP 00324882 2012/05/31 l BRODART BOOKS 16.36 AP 00324882 2012/05/31 ( BRODART BOOKS 23.27 AP 00324882 2012/05/31 ( BRODART BOOKS 53.18 AP 00324882 2012/05/31 l BRODART BOOKS 14.57 AP 00324882 2012/05/31 ( BRODART BOOKS 19.17 AP 00324882 2012/05/31 ( BRODART BOOKS 35.98 AP 00324882 2012/05/31 ( BRODART BOOKS 49.25 AP 00324882 2012/05/31 ( BRODART BOOKS 29.05 AP 00324882 2012/05/31 ( BRODART BOOKS 48.08 AP 00324882 2012/05/31 1 BRODART BOOKS 113.28 AP 00324882 2012/05/31 1 BRODART BOOKS 88.21 AP 00324882 2012/05/31 1 BRODART BOOKS 11.20 AP 00324882 2012/05/31 I BRODART BOOKS 30.24 AP 00324882 2012/05/31 I BRODART BOOKS 10.01 AP 00324882 2012/05/31 1 BRODART BOOKS 23.04 AP 00324882 2012/05/31 1 BRODART BOOKS 90.08 AP 00324882 2012/05/31 1 BRODART BOOKS 24.20 AP 00324882 2012/05/31 ( BRODART BOOKS 14.57 AP 00324882 2012/05/31 ( BRODART BOOKS 24.13 AP 00324882 2012/08/31 ( BRODART BOOKS 12.70 AP 00324882 2012/05/31 ( BRODART BOOKS 39.17 AP 00324882 2012/05/31 ( BRODART BOOKS 14.65 AP 00324882 2012/05/31 ( BRODART BOOKS 62.86 AP 00324882 2012/05/31 l BRODART BOOKS 28.56 AP 00324882 2012/05/31 ( BRODART BOOKS 15.51 AP 00324882 2012/05/31 ( BRODART BOOKS 15.13 AP 00324882 2012/05/31 ( BRODART BOOKS 16.44 AP 00324882 2012/05/31 ( BRODART BOOKS 114.11 AP 00324882 2012/05/31 ( BRODART BOOKS 20.14 User: VLOPEZ -VERONICA LOPEZ Page: 4 Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA P19 AEenda Check Resister 5/30/2012 through 6/12/2012 Check No. Check Dale Vendor Name Amount AP 00324882 2012/05/31 ( BRODART BOOKS 52.87 AP 00324882 2012/05/31 ( BRODART BOOKS 27.39 AP 00324882 2012/05/31 l BRODART BOOKS 10.07 AP 00324882 2012/05/31 1 BRODART BOOKS 19.03 AP 00324882 2012/05/31 1 BRODART BOOKS 39.85 AP 00324882 2012/05/31 I BRODART BOOKS 10.07 AP 00324882 2012/05/31 I BRODART BOOKS 5.57 AP 00324882 2012/05/31 1 BRODART BOOKS 10.63 AP 00324882 2012/05/31 1 BRODART BOOKS 10.07 AP 00324882 2012/05/31 ( BRODART BOOKS 46.14 AP 00324882 2012/05/31 ( BRODART BOOKS 173.39 AP 00324882 2012/05/31 ( BRODART BOOKS 609.28 AP 00324882 2012/05/31 ( BRODART BOOKS 44.50 AP 00324882 2012/05/31 ( BRODART BOOKS 57.09 AP 00324882 2012/05/31 1 BRODART BOOKS 211.68 AP 00324882 2012/05/31 1 BRODART BOOKS 71.49 AP 00324882 2012/05/31 1 BRODART BOOKS 34.09 AP 00324882 2012/05/31 1 BRODART BOOKS 14.50 AP 00324882 2012/05/31 I BRODART BOOKS 10.07 AP 00324882 2012/05/31 I BRODART BOOKS 10.07 AP 00324882 2012/05/31 l BRODART BOOKS 8.94 AP 00324882 2012/05/31 I BRODART BOOKS 13.41 AP 00324882 2012/05/31 ( BRODART BOOKS 13.41 AP 00324882 2012/05/31 ( BRODART BOOKS 4A7 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 11.10 AP 00324882 2012/05/31 ( BRODART BOOKS 11.10 AP 00324882 2012/05/31 ( BRODART BOOKS 8.94 AP 00324882 2012/05/31 ( BRODART BOOKS 8.94 AP 00324882 2012/05/31 1 BRODART BOOKS 4.47 AP 00324882 2012/05/31 1 BRODART BOOKS 4.47 AP 00324882 2012/05/31 1 BRODART BOOKS 20.04 Ap 00324882 2012/05/31 1 BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 11.10 AP 00324882 2012/05/31 ( BRODART BOOKS 11.10 AP 00324882 2012/05/31 ( BRODART BOOKS 15.57 AP 00324882 2012/05/31 ( BRODART BOOKS ~ 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 17.73 AP 00324882 2012/05/31 ( BRODART BOOKS 37.92 AP 00324882 2012/05/31 l BRODART BOOKS 22.35 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 AP 00324882 2012/05/31 1 BRODART BOOKS 4.47 AP 00324882 2012/05/31 1 BRODART BOOKS 8.94 AP 00324882 2012/05/31 1 BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 User: VLOPEZ -VERONICA LOPEZ Page: 5 Curren[ Date; 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/30/2012 through 6/12/2012 P20 Check No. Check Date Vendor Name Amoum Ap 00324882 2012/05/31 ( BRODART BOOKS 17.88 AP 00324882 2012/05/31 ( BRODART BOOKS 93.87 AP 00324882 2012/05/31 ( BRODART BOOKS 143.04 AP 00324882 2012/05/31 ( BRODART BOOKS 22.35 AP 00324882 2012/05/31 1 BRODART BOOKS 26.82 AP 00324882 2012/05/31 I BRODART BOOKS 58.11 AP 00324882 2012/05/31 1 BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 Ap 00324882 2012/05/31 ( BRODART BOOKS 4.47 AP 00324882 2012/05/31 f BRODART BOOKS 6.63 AP 00324882 2012/05/31 ( BRODART BOOKS 8.94 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 AP 00324882 2012/05/31 l BRODART BOOKS 22.35 AP 00324882 2012/05/31 l BRODART BOOKS 17.88 AP 00324882 2012/05/31 1 BRODART BOOKS 4.47 AP 00324882 2012/05/31 l BRODART BOOKS 8.94 AP 00324882 2012/05/31 ( BRODART BOOKS 6.63 AP 00324882 2012/05/31 l BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 6.63 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 AP 00324882 2012/05/31 ( BRODART BOOKS 4.47 AP 00324884 2012/05/31 ( DAPPER TIRE CO 660.91 AP 00324884 2012/05/31 ( DAPPER TIRE CO 438.78 AP 00324884 2012/05/31 ( DAPPER TIRE CO 243.87 AP 00324884 2012/05/31 1 DAPPER TIRE CO 121.93 AP 00324884 2012/05/31 1 DAPPER TIRE CO 660.91 AP 00324884 2012/05/31 ( DAPPER TIRE CO 243.87 AP 00324885 2012/05/31( EMCORSERVICE 1,188.83 AP 00324885 2012/05/31 ( EMCOR SERVICE 15,997.75 AP 00324886 2012/05/31 ( EWING IRRIGATION PRODUCTS 62.45 AP 00324886 2012/05/31 ( EWING IRRIGATION PRODUCTS 125.64 AP 00324886 2012/05/31 ( EWING IRRIGATION PRODUCTS 228.33 Ap 00324886 2012/05/31 1 EWING IRRIGATION PRODUCTS 65.63 AP 00324887 2012/05/31 1 HERK EDWARDS INC 229.73 AP 00324888 2012/05/31 ( HOLLIDAY ROCK CO INC 486.29 AP 00324888 2012/05/31 ( HOLLIDAY ROCK CO INC 430.39 AP 00324888 2012/05/31 ( HOLLIDAY ROCK CO INC 125.00 AP 00324888 2012/05/31 ( HOLLIDAY ROCK CO INC 1,647.08 AP 00324888 2012/05/31 ( HOLLIDAY ROCK CO INC 250.00 AP 00324888 2012/05/31 1 HOLLIDAY ROCK CO INC 426.42 AP 00324888 2012/05/31 1 HOLLH)AY ROCK CO INC 125.00 AP 00324888 2012/05/31 1 HOLLIDAY ROCK CO INC 250.00 AP 00324888 2012/05/31 1 HOLLIDAY ROCK CO INC 60.30 AP 00324888 2012/05/31 ( HOLLIDAY ROCK CO INC 540.60 AP 00324888 ~ 2012/05/31 ( HOLLIDAY ROCK CO INC 125.00 User: VLOPEZ -VERONICA LOPEZ Page: 6 Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Resister 5/30/2012 through 6/12/2012 P21 Check No. Check Dale Vendor Name Amount AP 00324888 2012/05/31 1 HOLLIDAY ROCK CO INC 798.54 AP 00324889 2012/05/31 1 HYDROSCAPE PRODUCTS INC 117.1 I AP 00324889 2012/05/31 I HYDROSCAPE PRODUCTS INC 501.58 AP 00324889 2012/05/31 1 HYDROSCAPE PRODUCTS INC 108.89 AP 00324890 2012/05/31 I INTERSTATE BATTERIES 14,052.97 AP 00324890 2012/05/31 I INTERSTATE BATTERIES 426.37 AP 00324890 2012/05/31 I INTERSTATE BATTERIES 300.46 AP 00324890 2012/05/31 1 INTERSTATE BATTERIES 300.69 Ap 00324891 2012/05/31 1 NEC UNIFIED SOLUTIONS INC 1,158.00 AP 00324649 2012/05/30 ( A & J GRADING CONTRACTORS INC. 21.25 AP 00324650 2012/05/30 ( Al AUTOMOTIVE 283.38 AP 00324651 2012/05/30 ( ABBIT, JEFF 500.00 AP 00324652 2012/05/30 ( ABIabsolute.com 157.26 AP 00324654 2012/05/301 ABM JANITORIAL S W 43,055.11 AP 00324655 2012/05/30 ( ADKINS, RONALD 123.00 AP 00324656 2012/05/30 ( ADVANCED CHEMICAL TRANSPORT 128.00 AP 00324656 2012/05/30 l ADVANCED CHEMICAL TRANSPORT 159.50 AP 00324656 2012/05/301 ADVANCED CHEMICAL TRANSPORT 96.50 AP 00324656 2012/05/301 ADVANCED CHEMICAL TRANSPORT 128.00 AP 00324656 2012/05/30 I ADVANCED CHEMICAL TRANSPORT 96.50 AP 00324656 2012/05/301 ADVANCED CHEMICAL TRANSPORT 96.50 AP 00324656 2012/05/301 ADVANCED CHEMICAL TRANSPORT 55.00 AP 00324656 2012/05/301 ADVANCED CHEMICAL TRANSPORT 128.00 AP 00324656 2012/05/301 ADVANCED CHEMICAL TRANSPORT 128.00 AP 00324656 2012/05/30 l ADVANCED CHEMICAL TRANSPORT 128.00 AP 00324656 2012/05/301 ADVANCED CHEMICAL TRANSPORT 96.50 AP 00324657 2012/05/30 ( AEF SYSTEMS CONSULTING INC 4,762.50 AP 00324657 2012/05/30 f AEF SYSTEMS CONSULTING INC 3,062.50 AP 00324657 2012/05/30 ( AEF SYSTEMS CONSULTING INC 1,137.50 AP 00324658 2012/05/301 AGAPE EMPLOYMENT 166.24 AP 00324658 2012/05/30 ( AGAPE EMPLOYMENT 170.50 AP 00324658 2012/05/30 ( AGAPE EMPLOYMENT 170.50 AP 00324658 2012/05/30 l AGAPE EMPLOYMENT 136.40 AP 00324659 2012/05/30 ( AGI ACADEMY 390.00 AP 00324660 2012/05/301 AGILINE INC 1,300.00 AP 00324660 2012/05/30 l AGILINE INC 120.00 AP 00324660 2012/05/301 AGILINE INC 60.00 AP 00324661 2012/05/30 I ALEXANDER HAMILTON INSTITUTE INC. 26.50 AP 00324663 2012/05/301 ALL WELDING 1,849.98 AP 00324664 2012/05/301 ALTA LOMA HIGH SCHOOL BAND BOOSTERS 500.00 AP 00324665 2012/05/30 ( AMERICAN TRAFFIC PRODUCTS INC 387.90 AP 00324666 2012/05/301 APPLIED METERING TECHNOLOGIES INC 7,752.00 AP 00324667 2012/05/30 ( AQUABIO ENVIRONMENTAL TECHNOLOGIES ID 1,034.42 AP 00324668 2012/05/30 ( ARAMARK UNIFORM SERVICES 3.35 AP 00324669 2012/05/30 ( ARBOR NURSERY PLUS 58.19 User: VLOPEZ -VERONICA LOPEZ Page: 7 Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA P22 A¢enda Check Resister 5/30/2012 through 6/12/2012 Check No. Check Dale Vendor Name Amoum AP 00324669 2012/05/30 ( ARBOR NURSERY PLUS 146.54 AP 00324670 2012/05/30 ( ARNOLD FIELDS PAINTING 2,200.00 AP 00324671 2012/05/301 ASSI SECURITY 105.00 AP 00324671 2012/05/30 I ASSI SECURITY 105.00 AP 00324671 2012/05/30 ( ASSI SECURITY 105.00 AP 00324671 2012/05/30 l ASSI SECURITY 105.00 AP 00324671 2012/05/30 ( ASSI SECURITY 105.00 AP 00324671 2012/05/30 f ASSI SECURITY 105.00 AP 00324671 2012/05/30 ( ASSI SECURITY 105.00 AP 00324671 2012/05/30 ( ASSI SECURITY 105.00 AP 00324671 2012/05/30 ( ASSI SECURITY 105.00 AP 00324671 2012/05/30 ( ASSI SECURITY 785.00 AP 00324673 2012/05/30 ( BARRETO, RAQUEL M. 1,091.78 AP 00324673 2012/05/30 I BARRETO, RAQUEL M. 121.55 AP 00324674 2012/05/301 BEAZER HOMES HOLDINGS CORP 1,556.59 AP 00324675 2012/05/30 I BELLWOOD CHIROPRACTIC 260.19 AP 00324676 2012/05/301 BERNELL HYDRAULICS INC 382.48 AP 00324677 2012/05/301 BORY, CHRISTOPHER 94.75 AP 00324678 2012/05/30 I BRAUN BLAISING MCLAUGHLIN 1,677.13 AP 00324679 2012/05/30 l BUTSKO UTILITY DESIGN INC. 6,906.00 AP 00324680 2012/05/30 ( CAL PERS LONG TERM CARE 691.60 AP 00324681 2012/05/30 ( CAL-STATE RENT A FENCE INC 3,802.50 AP 00324681 2012/05/30 l CAL-STATE RENT A FENCE INC 62.63 AP 00324682 2012/05/301 CALIFA LIBRARY GROUP 3,000.00 Ap 00324683 2012/05/30 ( CALIFORNIA DEPARTMENT OF TRANSPORTATU 820.00 AP 00324684 2012/05/301 CALIFORNIA FRANCHISE TAX BOARD 100.00 AP 00324685 .2012/05/30 l CALIFORNIA FRANCHISE TAX BOARD 111.93 AP 00324686 2012/05/301 CALIFORNIA FRANCHISE TAX BOARD 150.00 AP 00324687 2012/05/301 CALIFORNIA FRANCHISE TAX BOARD 294.29 AP 00324688 2012/05/30 I CALIFORNIA SHOPPING CART RETRIEVAL COR] 40.00 AP 00324689 2012/05/30 ( CALPERS .134,793.95 AP 00324689 2012/05/30 f CALPERS 485.26 AP '00324690 2012/05/30 ( CANTEEN VENDING SERVICES 20.70 AP 00324692 2012/05/30 f CASE POWER AND EQUIPMENT 61.40 AP 00324693 2012/05/30 ( CDW-G 2,345.90 AP 00324694 2012/05/30 ( CHAMPION AWARDS AND SPECIALTIES 17.24 AP 00324694 2012/05/30 ( CHAMPION AWARDS AND SPECIALTIES 30.17 AP 00324695 2012/05/301 CITIZEN'S PATROL UNIT 416 342.48 AP 00324696 2012/05/301 CLERK OF THE BOARD 2,151.50 AP 00324697 2012/05/301 COLADA, JERRICO 500.00 AP 00324698 2012/05/30 ( CONCLUSIVE CORP. 132.90 AP 00324699 2012/05/30 l CONTINENTAL AMERICAN INSURANCE COMPA 16.39 AP 00324700 2012/05/30 ( COP TOWN UNIFORMS INC. 166.90 AP 00324701 2012/05/30 ( COUNTRY ESTATE FENCE CO INC 1,175.09 AP 00324701 2012/05/30 ( COUNTRY ESTATE FENCE CO INC 3,223.88 User: VLOPEZ -VERONICA LOPEZ Page: 8 Curren[ Dale: 06/13/: Report; CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Resister 5/30/2012 through 6/12/2012 P23 Check No. Check Date Vendor Name Amoum AP 00324701 2012/05/301 COUNTRY ESTATE FENCE CO INC 1,600.00 AP 00324701 2012/05/301 COUNTRY ESTATE FENCE CO INC 1,164.57 AP 00324702 2012/05/301 COUSIN, DAVID 600.00 AP 00324703 2012/05/301 CROP PRODUCTION SERVICES INC 362.30 AP 00324703 2012/05/30 l CROP PRODUCTION SERVICES INC 855.54 AP 00324703 2012/05/30 ( CROP PRODUCTION SERVICES INC 83.34 AP 00324703 2012/05/30 ( CROP PRODUCTION SERVICES INC 69.33 AP 00324703 2012/05/30 ( CROP PRODUCTION SERVICES INC 1,274.96 AP 00324703 2012/05/30 ( CROP PRODUCTION SERVICES INC 1,000.00 AP 00324703 2012/05/30 ( CROP PRODUCTION SERVICES INC 3,596.75 AP 00324703 2012/05/301 CROP PRODUCTION SERVICES INC 1,054.58 AP 00324703 2012/05/30 l CROP PRODUCTION SERVICES INC 144.52 AP 00324703 2012/05/30 l CROP PRODUCTION SERVICES INC 379.36 AP 00324704 2012/05/30 ( CUCAMONGA VALLEY WATER DISTRICT 41.14 AP 00324704 2012/05/30 l CUCAMONGA VALLEY WATER DISTRICT 345.14 AP 00324704 2012/05/301 CUCAMONGA VALLEY WATER DISTRICT 120.90 AP 00324704 2012/05/301 CUCAMONGA VALLEY WATER DISTRICT 187.27 AP 00324704 2012/05/30 I CUCAMONGA VALLEY WATER DISTRICT 199.36 AP 00324704 2012/05/301 CUCAMONGA VALLEY WATER DISTRICT 39.92 AP 00324704 2012/05/301 CUCAMONGA VALLEY WATER DISTRICT 15.93 AP 00324704 2012/05/301 CUCAMONGA VALLEY WATER DISTRICT 33.48 AP 00324705 2012/05/30 ( CVCIAA 325.00 AP 00324706 2012/05/30 ( D & D SERVICES INC. 400.00 AP 00324707 2012/05/30 ( D AND K CONCRETE COMPANY 748.87 AP 00324707 2012/05/30 ( D AND K CONCRETE COMPANY 299.81 AP 00324707 2012/05/30 l D AND K CONCRETE COMPANY 748.87 AP 00324707 2012/05/301 D AND K CONCRETE COMPANY 355.04 AP 00324708 2012/05/301 DAVID TURCH AND ASSOCIATES 4,000.00 AP 00324708 2012/05/30 l DAVID TURCH AND ASSOCIATES 4,000.00 AP 00324709 2012/05/301 DEL MECHANICAL 243.32 AP 00324710 2012/05/30 I DENNY'S #7715 25.00 AP 00324711 2012/05/30 I DEVCON SECURITY SERVICES OF CA. INC. 40.50 AP 00324712 2012/05/301 DI-JAN OVERSEAS INC. 46.25 AP 00324713 2012/05/30 I DOWNEY, JENNIFER 10.27 AP 00324714 2012/05/30 ( DUMBELL MAN FITNESS EQUIPMENT, THE 715.90 AP 00324714 20]2/05/30 ( DUMBELL MAN FITNESS EQUIPMENT, THE 125.00 AP 00324715 2012/05/30 ( DUNN EDWARDS CORPORATION 500.00 AP 00324715 2012/05/301 DUNN EDWARDS CORPORATION 500.00 AP 00324715 2012/05/30 ( DUNN EDWARDS CORPORATION 957.79 AP 00324716 2012/05/301 E.R. BLOCK PLUMBING INC. 30.37 AP 00324717 2012/05/301 EL MONTE AUTO PAINT 101.20 AP 00324718 2012/05/301 ELLIS ENTERPRISES 980.00 AP 00324718 2012/05/301 ELLIS ENTERPRISES 150.00 AP 00324718 2012/05/30 I ELLIS ENTERPRISES 70.00 AP 00324718 2012/05/30 ( ELLIS ENTERPRISES 2,500.00 User: VLOPEZ -VERONICA LOPEZ Page: 9 Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA P24 Aeenda Check ReHister 5/30/2012 through 6/12/2012 Check No. Check Date Vendor Name Amount AP 00324719 2012/05/30 I EN POINTE TECHNOLOGIES SALES INC 1,271.46 AP 00324720 2012/05/301 ESKENAZI, MOISES 75.00 AP 00324721 2012/05/30 ( FAIItUZ MARKET 442.75 AP 00324722 2012/05/30 l FARMERS INSURANCE 419.86 AP 00324723 2012/05/30 ( FASTENAL COMPANY 72.43 AP 00324723 2012/05/30 ( FASTENAL COMPANY 8.26 AP 00324723 2012/05/30 l FASTENAL COMPANY 90.11 AP 00324723 2012/05/30 ( FASTENAL COMPANY 43.11 AP 00324723 2012/05/30 ( FASTENAL COMPANY 167.41 AP 00324724 2012/05/30 ( FIRST CLASS HEATING & AIR INC. 3,000.00 AP 00324726 2012/05/30 ( FORD OF UPLAND INC 22.07 AP 00324726 2012/05/301 FORD OF UPLAND INC 9.16 AP 00324727 2012/05/301 FRAZEE PAINT CENTER 300.91 AP 00324727 2012/05/301 FRAZEE PAINT CENTER 80.81 AP 00324728 2012/05/301 FRESH ANOINTING NEW LIFE MINISTRIES 100.00 AP 00324729 2012/05/301 GAH, MATERIALS 347.75 AP 00324730 2012/05/30 l GIBBON CONSTRUCTION 81.00 AP 00324731 2012/05/30 ( GILMAN, JIIvI 400.00 AP 00324732 2012/05/30 ( GRAINGER ~ 96.03 AP 00324732 2012/05/30 ( GRAINGER 23.75 AP 00324732 2012/05/30 ( GRAINGER 64.35 AP 00324732 2012/05/30 ( GRAINGER 288.90 AP 00324732 2012/05/30 ( GRAINGER 144.45 AP 00324732 2012/05/30 ( GRAINGER 102.45 AP 00324732 2012/05/30 f GRAINGER 336.49 AP 00324732 2012/05/30 ( GRAINGER 130.16 AP 00324732 2012/05/30 ( GRAINGER -102.45 AP 00324733 2012/05/301 GRANICUS INC 1,100.00 AP 00324734 2012/05/301 GRAVES & KING LLP 725.00 AP 00324734 2012/05/301 GRAVES & KING LLP 831.25 AP 00324734 2012/05/301 GRAVES & KING LLP 918.75 AP 00324734 2012/05/30 l GRAVES & KING LLP 412.50 AP 00324734 2012/05/30 ( GRAVES & KING LLP 218.50 AP 00324734 2012/05/30 ( GRAVES & KING LLP 175.00 AP 00324734 2012/05/30 ( GRAVES & KING LLP 218.75 AP 00324734 2012/05/30 ( GRAVES & KING LLP 752.50 AP 00324734 2012/05/30 ( GRAVES & KING LLP 472.50 AP 00324734 2012/05/30 ( GRAVES & KING LLP 730.00 AP 00324734 2012/05/30 ( GRAVES & KING LLP 546.00 AP 00324734 2012/05/301 GRAVES & KING LLP 145.00 AP 00324734 2012/05/30 l GRAVES & KING LLP 306.25 AP 00324734 2012/05/30 ( GRAVES & KING LLP 166.25 AP 00324734 2012/05/301 GRAVES & KING LLP 412.50 AP 00324734 2012/05/301 GRAVES & KING LLP 182.00 AP 00324734 2012/05/301 GRAVES & KING LLP 547.50 User: VLOPEZ -VERONICA LOPEZ Page: 10 Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Resister 5/30/2012 through 6/12/2012 P25 Check No. Check Date Vendor Name Amount AP 00324734 2012/05/301 GRAVES & KING LLP 315.00 AP 00324734 2012/05/301 GRAVES & KING LLP 525.00 AP 00324734 2012/05/301 GRAVES & KING LLP 218.75 AP 00324734 2012/05/301 GRAVES & KING LLP 525.00 AP 00324734 2012/05/30 l GRAVES & KING LLP 218.50 AP 00324735 2012/05/30 I GREEN ROCK POWER EQUIPMENT 73.18 AP 00324735 2012/05/30 ( GREEN ROCK POWER EQUIPMENT 26.51 AP 00324736 2012/05/30 t GUTHRIE, MICHAEL 250.00 AP 00324737 2012/05/30 ( HILL'S PET NUTRITION 319.28 AP 00324737 2012/05/30 ( HII.L'S PET NUTRITION 379.62 AP 00324738 2012/05/30 ( HILLCREST CONTRACTING INC. 729.00 AP 00324739 2012/05/30 ( HOOD, KARYE 20.00 AP 00324739 2012/05/301 HOOD, KARYE 54.81 AP 00324739 2012/05/301 HOOD, KARYE 3.20 AP 00324739 2012/05/30 I HOOD, KARYE 19.95 AP 00324740 2012/05/30 l HOSE MAN INC 59.11 AP 00324740 2012/05/30 ( HOSE MAN INC 199.89 AP 00324740 2012/05/30 ( HOSE MAN INC 172.40 AP 00324741 2012/05/30 ( HOUSE OF RUTH 344.42 AP 00324742 2012/05/30 ( HOUSE, C. 20.00 AP 00324743 2012/05/30 ( HOUSTON, ASHLEY 52.00 AP 00324744 2012/05/30 l HUB CONSTRUCTION SPECIALITIES INC 341.46 AP 00324744 2012/05/30 ( HUB CONSTRUCTION SPECIALITIES INC 108.61 AP 00324745 2012/05/30 ( INDEPENDENT STATIONERS 19.70 AP 00324745 2012/05/30 I INDEPENDENT STATIONERS 378.17 AP 00324745 2012/05/301 INDEPENDENT STATIONERS 72.18 AP 00324745 2012/05/30 l INDEPENDENT STATIONERS 2.45 AP 00324745 2012/05/301 DdDEPENDENT STATIONERS 6.10 AP 00324745 2012/05/301 INDEPENDENT STATIONERS 0.55 AP 00324745 2012/05/30 I INDEPENDENT STATIONERS ] 7.71 AP 00324745 2012/05/30 ( INDEPENDENT STATIONERS ~ 43.96 AP 00324745 2012/05/30 ( INDEPENDENT STATIONERS 3.94 Ap 00324745 2012/05/301 INDEPENDENT STATIONERS 45.05 AP 00324745 2012/05/301 INDEPENDENT STATIONERS 111.80 AP 00324745 2012/05/30 I INDEPENDENT STATIONERS 10.01 AP 00324745 2012/05/30 ( INDEPENDENT STATIONERS 29.25 AP 00324745 2012/05/30 ( INDEPENDENT STATIONERS 9.54 AP 00324745 2012/05/30 ( INDEPENDENT STATIONERS 7.36 AP 00324745 2012/05/30 ( INDEPENDENT STATIONERS 483.39 AP 00324745 2012/05/301 INDEPENDENT STATIONERS 12.87 AP 00324745 2012/05/301 INDEPENDENT STATIONERS 24.15 AP 00324745 2012/05/301 IDDEPENDENT STATIONERS 27.05 AP 00324746 2012/05/301 INSIGHT PUBLIC SECTOR 183.60 AP 00324747 2012/05/301 INTEGRITY DOOR & HARDWARE INC 1,265.83 AP 00324748 2012/05/30 ( INTERACTIVE DATA CORPORATION 100.17 User: VLOPEZ -VERONICA LOPEZ Page: I 1 Current Dale: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA A¢enda Check Resister 5/30/2012 through 6/12/2012 P26 Check No. Check Date Vendor Name Amount AP 00324749 2012/05/30 l IRON MOUNTAIN OSDP 2,336.83 AP 00324750 2012/05/30( JDC INC 4,900.00 AP 00324750 2012/05/301 JDC INC 4,503.10 AP 00324750 2012/05/30 l JDC INC 4,900.00 AP 00324750 2012/05/301 JDC INC 7,603.58 AP 00324750 2012/05/30 I JDC INC 2,932.56 AP 00324750 2012/05/301 JDC INC 2,134.29 AP 00324751 2012/05/30 l JONES AND MAYER, LAW OFFICES OF ~ 551.00 AP 00324751 2012/05/30 l JONES AND MAYER, LAW OFFICES OF 5,637.09 AP 00324751 2012/05/30 l JONES AND MAYER, LAW OFFICES OF 507.50 AP 00324752 2012/05/30 ( JUSTINIANO, DOLORES 200.00 AP 00324753 2012/05/30 l K HOVNANIAN COMPANIES 10,798.76 AP 00324754 2012/05/30 ( K K WOODWORKING 25.86 AP 00324754 2012/05/30 f K K WOODWORKING ]7.22 AP 00324754 2012/05/30 ( K K WOODWORKING 51.66 AP 00324754 2012/05/30 ( K K WOODWORKING 17.22 AP 00324754 2012/05/30 ( K K WOODWORKING 103:31 AP 00324754 2012/05/30 ( K K WOODWORKING 63.57 AP 00324754 2012/05/30 [ K K WOODWORKING 17.22 AP 00324755 2012/05/301 KAISER FOUNDATION HEALTH PLAN INC 164,106.70 AP 00324755 2012/05/301 KAISER FOUNDATION HEALTH PLAN INC 2,282.68 AP 00324755 2012/05/301 KAISER FOUNDATION HEALTH PLAN INC 1,379.64 AP 00324756 2012/05/30 l KAROUSEL KIDS INC 35,870.00 AP 00324757 2012/05/30 ( KENNEDY EQUIPMENT INC 1,496.57 AP 00324759 2012/05/30 l L & B SHEET METAL MFG COMPANY 1,212.19 AP 00324760 2012/05/301 LOUIS AND COMPANY 2,989.40 AP 00324761 2012/05/30 ( MALIBU OLNE COMPANY 30.00 AP 00324762 2012/05/301 MANAGEMENT PARTNERS INC 6,000.00 AP 00324763 2012/05/30 ( MCCALEB, ERIN 500.00 AP 00324764 2012/05/301 MCI 31.33 AP 00324765 2012/05/30 ( MCMASTER CARR SUPPLY COMPANY 2,258.53 AP 00324766 2012/05/30( MIDWEST TAPE 39.99 AP 00324766 2012/05/30( MIDWEST TAPE 12.99 AP 00324766 2012/05/30( MIDWEST TAPE 12.99 AP 00324766 2012/05/301 MIDWEST TAPE 13.59 AP 00324766 2012/05/301 MIDWEST TAPE 106.91 AP 00324766 2012/05/30 ( MIDWEST TAPE 54.37 AP 00324766 2012/05/301 MIDWEST TAPE 66.36 AP 00324766 2012/05/30 l MIDWEST TAPE 94.98 AP 00324766 2012/05/30 ( MIDWEST TAPE 29.99 AP 00324766 2012/05/30 ( MIDWEST TAPE 36.99 AP 00324766 2012/05/30( MIDWEST TAPE 9.99 AP 00324767 2012/05/30 ( MILANES, YIKCIA 450.00 AP 00324767 2012/05/30 ( MILANES, YIKCIA 275.00 AP 00324767 2012/05/30 ( MILANES, YTKCIA 25.00 User: VLOPEZ -VERONICA LOPEZ Page: 12 Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA P27 Agenda Check Resister 5/30/2012 through 6/12/2012 Check No. Check Date Vendor Name Amount AP 00324767 2012/05/30 ( MILANES, YIKCIA 325.00 AP 00324768 2012/05/30 f MOMMY'S CHOICE DAY CARE 59.66 AP 00324769 2012/05/30 ( MORENO, RENE 16.00 AP 00324770 2012/05/30 l MOUNTAIN VIEW GLASS AND MIItROR INC 381.32 AP 00324771 2012/05/30 ( MOUNTAIN VIEW SMALL ENG REPAIR 1,053.80 AP 00324771 2012/05/30 ( MOUNTAIN VIEW SMALL ENG REPAIR 32.22 AP 00324771 2012/05/301 MOUNTAIN VIEW SMALL ENG REPAIR 52.62 AP 00324771 2012/05/30 l MOUNTAIN VIEW SMALL ENG REPAIR 81.90 AP 00324772 2012/05/30 ( MWI VETERINARY SUPPLY 60.79 AP 00324772 2012/05/301 MWI VETERINARY SUPPLY 25.99 AP 00324772 2012/05/301 MWI VETERINARY SUPPLY 920.91 AP 00324773 2012/05/30 I NAPA AUTO PARTS 104.91 AP 00324773 2012/05/30 ( NAPA AUTO PARTS 12.15 AP 00324773 2012/05/30 ( NAPA AUTO PARTS 34.34 AP 00324773 2012/05/30 l NAPA AUTO PARTS 122.37 AP 00324774 2012/05/30 ( OFFICE DEPOT 494.90 AP 00324775 2012/05/30 ( ONTARIO WINNELSON CO 37.39 AP 00324776 2012/05/301 PAL CAMPAIGN 50.00 AP 00324777 2012/05/30 ( PAREDES, MARIA 100.00 AP 00324778 2012/05/30 ( PATCHETT & ASSOCIATES 1,850.00 AP 00324778 2012/05/30 ( PATCHETT & ASSOCIATES 198.00 AP 00324779 2012/05/30 ( PATTON SALES CORP 22.61 AP 00324780 2012/05/30 ( PAVECO CONSTRUCTION INC 162.90 AP 00324781 2012/05/30 ( PENNY PLUMBING 4,167.74 AP 00324782 2012/05/30 ( PEREZ, DOMINICK 1,500.00 AP 00324783 2012/05/30 ( PERFORMANCE FOOD GROUP INC 2,872.31 AP 00324784 2012/05/30 ( PETES ROAD SERVICE INC 1,218.29 AP 00324785 2012/05/30 ( PIP PRINTING 72.41 AP 00324786 2012/05/30 ( PITASSI ARCHITECTS INC 319.22 AP 00324786 2012/05/30 ( PITASSI ARCHITECTS INC 1,783.50 AP 00324757 2012/05/30 l PITNEY BOWES 206.88 AP 00324788 2012/05/30 ( PLAYPOWER LT FARMINGTON INC 557.59 AP 00324789 2012/05/301 POWERTECH ENGINES INC 741.07 AP 00324789 2012/05/301 POWERTECH ENGINES INC 1,000.00 AP 00324789 2012/05/301 POWERTECH ENGINES INC 2,878.61 AP 00324790 2012/05/301 PRE-PAID LEGAL SERVICES INC 143.46 AP 00324790 2012/05/301 PRE-PAID LEGAL SERVICES INC 11.40 AP 00324791 2012/05/30 I PRO-PLANET INDUSTRIAL SUPPLY 839.03 AP 00324792 2012/05/30 I PW GILLIBRAND INC 1,786.78 AP 00324793 2012/05/30 f R AND R AUTOMOTIVE 1,125.49 AP 00324794 2012/05/30 ( RANCHO UTICA LLC 3,586.88 AP Ob324795 2012/05/30 ( RC COMMUMTY & ARTS FOUNDATION 8,010.00 AP 00324796 2012/05/30 ( RC PHOTO CLUB 276.00 AP 00324797 2012/05/30 ( RCPFA 9,315.70 AP 00324798 2012/05/30 l RDO TRUST #80-5800 502.28 User: VLOPEZ -VERONICA LOPEZ Page: 13 Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Resister 5/30/2012 through 6/12/2012 P28 Check No. Check Date Vendor Name Amoum AP 00324799 2012/05/301 REBONG, LOIDA 1,425.00 AP 00324800 2012/05/30 ( RED WING SHOE STORE 201.48 AP 00324801 2012/05/30 ( REPUBLIC ITS 2,375.00 AP 00324801 2012/05/30 l REPUBLIC ITS 2,625.00 AP 00324801 2012/05/301 REPUBLIC ITS 319.14 AP 00324802 2012/05/301 RK DIVERSIFIED ENTERTAINMENT INC 200.00 AP 00324803 2012/05/301 ROADLINE PRODUCTS INC 894.06 AP 00324804 2012/05/30 f ROBLES, RAUL P 135.00 AP 00324804 2012/05/30 I ROBLES, RAUL P 100.00 AP 00324804 2012/05/30 ( ROBLES, RAUL P 60.00 AP 00324805 2012/05/30 ( ROSEBURROUGH TOOLS INC 803.32 AP 00324806 2012/05/30 ( ROSILLO, DESIREE 250.00 AP 00324807 2012/05/30 I RUDY'S SIGN GRAPHICS 59.26 AP 00324808 2012/05/301 SAFE KIDS SAN DIEGO 25.00 AP 00324810 2012/05/30 l SAN BERNARDBVO CTY DEPT OF PUBLIC HEAL? 323.00 AP 00324811 2012/05/30 I SAN BERNARDINQ, CITY OF 957.22 AP 00324811 2012/05/30 l SAN BERNARDBV0, CITY OF 957.22 AP 00324812 2012/05/30 ( SBPEA 747.63 AP 00324813 2012/05/30 I SC FUELS 16,303.06 AP 00324813 2012/05/30 ( SC FUELS 15,048.97 AP 00324814 2012/05/30 ( SCHII.LING GRAPHICS INC 25.00 AP 00324815 2012/05/30 f SELECT MASONRY CONTRACTOR 30.00 AP 00324816 2012/05/30 ( SHEAKLEY 197.80 AP 00324816 2012/05/30 ( SHEAKLEY 40.00 AP 00324816 2012/05/30 ( SHEAKLEY 110.00 AP 00324816 2012/05/30 ( SHEAKLEY 17.50 AP 00324816 2012/05/30 ( SHEAKLEY 12.00 AP 00324817 2012/05/30 ( SHERIFFS COURT SERVICES 100.00 AP 00324818 2012/05/30 ( SHOETERIA 203.63 AP 00324819 2012/05/30 ( SHRED IT 43.16 AP 00324819 2012/05/30 l SHRED IT 21.58 AP 00324819 2012/05/30 l SHRED IT 21.58 AP 00324819 2012/05/301 SHRED IT 21.58 AP 00324819 2012/05/30 l SHRED IT 34.86 AP 00324819 2012/05/301 SHRED IT 17.43 AP 00324819 2012/05/301 SHRED IT 17.43 AP 00324819 2012/05/301 SHRED IT 17.43 AP 00324820 2012/05/30 I SIGN SHOP, THE 64.65 AP 00324820 2012/05/30 I SIGN SHOP, THE 87.22 AP 00324821 2012/05/301 SO CALIF GAS COMPANY 66.85 AP 00324821 2012/05/30 I SO CALIF GAS COMPANY 835.19 AP 00324821 2012/05/30 l 50 CALIF GAS COMPANY 4.77 AP 00324821 2012/05/301 SO CALIF GAS COMPANY 5.26 AP 00324821 2012/05/301 SO CALIF GAS COMPANY 6.78 AP 00324821 2012/05/301 SO CALIF GAS COMPANY 322.01 User: VLOPEZ -VERONICA LOPEZ Page: 14 Current Date: 06/13/: Report; CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/30/2012 through 6/12/2012 P29 Check No. Check Date Vendor Name - Amount AP 00324821 2012/05/301 SO CALIF GAS COMPANY 527.23 AP 00324821 2012/05/30 ( SO CALIF GAS COMPANY 715.62 AP 00324821 2012/05/301 SO CALIF GAS COMPANY 13.81 AP 00324821 2012/05/301 SO CALIF GAS COMPANY 71.92 AP 00324821 2012/05/30 ( SO CALIF GAS COMPANY 1,450.45 AP 00324822 2012/05/30 ( SO CALIF GAS COMPANY 814.20 AP 00324826 2012/05/30 l SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/30 l SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 21.29 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/30 I SOUTHERN CALIFORNIA EDISON 24.11 AP 00324826 2012/05/30 I SOUTHERN CALIFORNIA EDISON 22.16 AP 00324826 2012/05/30 1 SOUTHERN CALIFORNIA EDISON 21.91 AP 00324826 2012/05/30 I SOUTHERN CALIFORNIA EDISON 21.65 AP 00324826 2012/05/30 I SOUTHERN CALIFORNIA EDISON ~ 22.03 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 22.51 AP 00324826 2012/05/30 I SOUTHERN CALIFORNIA EDISON 2436 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 2 L29 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/30 I SOUTHERN CALIFORNIA EDISON 22.16 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 2 L91 AP 00324826 2012/05/30 I SOUTHERN CALIFORNIA EDISON 21.91 AP ,00324826 2012/05/30 I SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 21.91 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 20.52 AP 00324826 2012/05/30 I SOUTHERN CALIFORNIA EDISON 21.91 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 43.80 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 87.19 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 76.79 AP 00324826 2012/05/30 l SOUTHERN CALIFORNIA EDISON 49.54 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/30 l SOUTHERN CALIFORNIA EDISON 46.57 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 67.65 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 51.46 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 107.71 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 23.98 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 22.16 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 57.47 AP 00324826 2012/05/30 f SOUTHERN CALIFORNIA EDISON 72.85 AP 00324826 2012/05/30 I SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 24.65 User: VLOPEZ -VERONICA LOPEZ Page: 15 Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Re¢ister 5/30/2012 through 6/12/2012 Check No. AP 00324826 AP 00324826 AP 00324826 AP 00324826 AP 00324826 AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 00324826 Ob324826 00324826 00324826 00324826 00324826 00324826 00324826 Check Dale Vendor Name 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/301 SOUTHERN CALIFORNIA EDISON 2012/05/30 l SOUTHERN CALIFORNIA EDISON 2012/05/301 SOUTHERN CALIFORNIA EDISON 2012/05/301 SOUTHERN CALIFORNIA EDISON 2012/05/301 SOUTHERN CALIFORNIA EDISON 2012/05/301 SOUTHERN CALIFORNIA EDISON 2012/05/301 SOUTHERN CALIFORNIA EDISON 2012/05/301 SOUTHERN CALIFORNIA EDISON 2012/05/301 SOUTHERN CALIFORNIA EDISON 2012/05/30 f SOUTHERN CALIFORNIA EDISON 2012/05/30 I SOUTHERN CALIFORNIA EDISON 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/301 SOUTHERN CALIFORNIA EDISON 2012/05/30 l SOUTHERN CALIFORNIA EDISON 2012/05/30 l SOUTHERN CALIFORNIA EDISON 2012/05/301 SOUTHERN CALIFORNIA EDISON 2012/05/30 I SOUTHERN CALIFORNIA EDISON 2012/05/30 I SOUTHERN CALIFORNIA EDISON 2012/05/301 SOUTHERN CALIFORNIA EDISON 2012/05/30 l SOUTHERN CALIFORNIA EDISON 2012/05/30 I SOUTHERN CALIFORNIA EDISON 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/30 I SOUTHERN CALIFORNIA EDISON 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/30 l SOUTHERN CALIFORNIA EDISON 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/301 SOUTHERN CALIFORNIA EDISON 2012/05/30 l SOUTHERN CALIFORNIA EDISON 2012/05/301 SOUTHERN CALIFORNIA EDISON 2012/05/301 SOUTHERN CALIFORNIA EDISON 2012/05/30 l SOUTHERN CALIFORNIA EDISON 2012/05/30 f SOUTHERN CALIFORNIA EDISON 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 2012/05/30 I SOUTHERN CALIFORNIA EDISON P30 Amoum 68.16 92.68 22.03 22.03 22.80 22.03 77.93 106.46 21.91 22.03 24.49 21.65 22.03 15.59 21.91 24.23 25.27 22.03 22.03 22.03 28.62 57.14 26.03 22.67 22.16 21.91 21.91 22.67 23.98 21.91 22.03 22.03 21.78 22.03 97.79 49.01 30.68 23.85 22.42 21.78 99.79 21.26 279.48 21.78 337.63 User: VLOPEZ -VERONICA LOPEZ Page: 16 Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/30/2012 through 6/12/2012 P31 Check No. Check Dale Vendor Name Amoum AP 00324826 2012/05/30 l SOUTHERN CALIFORNIA EDISON 65.35 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 114.39 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 53.35 AP 00324826 2012/05/30 l SOUTHERN CALIFORNIA EDISON 45.10 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 47.71 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 24.11 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 49.52 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 25.01 Ap 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 82.57 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 66.48 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 21.91 AP 00324826 2012/05/30 l SOUTHERN CALIFORNIA EDISON 22.42 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/30 l SOUTHERN CALIFORNIA EDISON 30.94 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 47.82 AP 00324826 2012/05/30 l SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 21.91 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/30 ( SOUTHERN CALIFORNIA EDISON 21.65 AP 00324826 2012/05/30 l SOUTHERN CALIFORNIA EDISON 26.15 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 70.43 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 28.24 AP 00324826 2012/05/30 I SOUTHERN CALIFORNIA EDISON 22.03 AP 00324826 2012/05/301 SOUTHERN CALIFORNIA EDISON 25.77 Ap 00324827 2012/05/30 1 SOUTHERN CALIFORNIA EDISON 2,072.73 AP 00324828 2012/05/30 I STANDARD INSURANCE COMPANY 13,505.93 AP 00324828 2012/05/30 I STANDARD INSURANCE COMPANY 3,028.61 AP 00324829 2012/05/30 I STEVNING, HEATHER 125.00 AP 00324829 2012/05/301 STEVNING, HEATHER 125.00 AP 00324830 2012/05/30 ( STILES ANIMAL REMOVAL INC 30.00 AP 00324831 2012/05/30 ( STOVER SEED COMPANY 1,293.00 AP 00324831 2012/05/30 ( STOVER SEED COMPANY 1,319.94 AP 00324832 2012/05/301 STUDIO ELITE 60.23 AP 00324833 2012/05/301 SUN, THE 132.20 AP 00324834 2012/05/301 SUNBELT RENTALS INC 2,28271 AP 00324834 2012/05/301 SUNBELT RENTALS INC 1,068.00 AP 00324836 2012/05/301 TARGET SPECIALTY PRODUCTS -417.01 AP 00324836 2012/05/301 TARGET SPECIALTY PRODUCTS 434.21 AP 00324836 2012/05/30 f TARGET SPECIALTY PRODUCTS 153.13 AP 00324836 2012/05/301 TARGET SPECIALTY PRODUCTS 3,418.53 AP 00324836 2012/05/301 TARGET SPECIALTY PRODUCTS 1,100.00 AP 00324836 2012/05/301 TARGET SPECIALTY PRODUCTS 62.53 User: VLOPEZ -VERONICA LOPEZ Page: 17 Current Date: 06/13/S Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA P32 Agenda Check Resister 5/30/2012 through 6/12/2012 Check No. Check Date Vendor Name Amount AP 00324836 2012/05/30 ( TARGET SPECIALTY PRODUCTS 434.21 AP 00324838 2012/05/30 ( TERRA VISTA ANIMAL HOSPITAL 50.00 AP 00324839 2012/05/30 ( TINT CITY WINDOW TINTING 120.00 AP 00324840 2012/05/30 ( TMAD TAYLOR & GAINES 1,888.20 AP 00324841 2012/05/30 ( TORGA ELECTRIC 4,368.32 AP 00324842 2012/05/30 ( ULINE 324.34 AP 00324843 2012/05/30 ( ULTIMATE REMOVAL INC 664.20 AP 00324844 2012/05/30 l UNIFIRST UNIFORM SERVICE 23.96 AP 00324844 2012/05/30 ( UNIFIRST UNIFORM SERVICE 114.45 AP 00324844 2012/05/30 ( UNIFIRST UNIFORM SERVICE 31.30 AP 00324844 2012/05/30 l UNIFIRST UNIFORM SERVICE 663.56 AP 00324845 2012/05/301 UNITED~ROTARY BRUSH CORPORATION 813.13 AP 00324846 2012/05/301 UNITED SITE SERVICES OF CA INC 211.37 AP 00324847 2012/05/301 UNITED WAY 6.00 AP 00324848 2012/05/301 UPS 80.00 AP 00324849 2012/05/30 ( UTILIQUEST 1,052.60 AP 00324849 2012/05/30 ( UTII,IQUEST 983.35 AP 00324851 2012/05/30 l VASTA, WILLIAM 565.69 AP 00324852 2012/05/30 l VEOLIA TRANSPORTATION MAINTENANCE 81.00 AP 00324853 2012/05/301 VERIZON BUSINESS 1,595.45 Ap 00324855 2012/05/301 VERIZON CALIFORNIA 84.78 AP 00324855 2012/05/301 VERIZON CALIFORNIA 43.60 AP 00324855 2012/05/30 l VERIZON CALIFORNIA 210.49 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 584.72 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 475.70 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 475.70 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 38.59 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 40.69 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 18.14 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 705.38 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 38.59 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 18.14 AP 00324855 2012/05/30 l VERIZON CALIFORNIA 67.91 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 35.81 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 35.81 AP 00324855 2012/05/30 l VERIZON CALIFORNIA 35.81 AP 00324855 2012/05/30 l VERIZON CALIFORNIA 37.42 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 22.84 AP 00324855 2012/05/301 VERIZON CALIFORNIA 149.60 AP 00324855 2012/05/301 VERIZON CALIFORNIA 37.42 AP 00324855 2012/05/301 VERIZON CALIFORNIA 38.59 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 38.59 AP 00324855 2012/05/30 l VERIZON CALIFORNIA 18.65 AP 00324855 2012/05/301 VERIZON CALIFORNIA 35.81 Ap 00324855 2012/05/30 ( VERIZON CALIFORNIA 18.14 User: VLOPEZ -VERONICA LOPEZ Page: 18 Current Date; 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layou[ Time: 13:1 CITY OF RANCHO CUCAMONGA Asenda Check Resister 5/30/2012 through 6/12/2012 P33 Check No. Check Dale Vendor Name Amoum AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 18.14 AP 00324855 2012/05/301 VERIZON CALIFORNIA 18.65 AP 00324855 2012/05/30 I VERIZON CALIFORNIA 38.59 AP 00324855 2012/05/301 VERIZON CALIFORNIA 38.63 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 18.14 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 18.14 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 18.14 AP 00324855 2012/05/30 ( VERIZON CALIFORMA 37.42 pP 00324855 2012/05/30 ( VERIZON CALIFORNIA 18.14 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 390.14 AP 00324855 2012/05/301 VERIZON CALIFORNIA 37.42 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 38.59 AP 00324855 2012/05/301 VERIZON CALIFORNIA 18.14 AP 00324855 2012/05/301 VERIZON CALIFORNIA 38.76 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 504.87 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 77.18 AP 00324855 2012/05/301 VERIZON CALIFORNIA 62.62 AP 00324855 2012/05/30 ( VERIZON CALIFORNIA 584.72 AP 00324856 2012/05/301 VERIZON CALIFORNIA 79.99 AP 00324857 2012/05/301 VERIZON CALIFORNIA 24.08 Ap 00324858 2012/05/301 VICTORIA ANIMAL HOSPITAL 50.00 AP 00324858 2012/05/301 VICTORIA ANIMAL HOSPITAL 50.00 AP 00324858 2012/05/30 l VICTORIA ANIMAL HOSPITAL 50.00 AP 00324858 2012/05/30 l VICTORIA ANIMAL HOSPITAL 50.00 AP 00324858 2012/05/30 ( VICTORIA ANIMAL HOSPITAL 50.00 AP 00324858 2012/05/30 ( VICTORIA ANIMAL HOSPITAL 50.00 AP 00324858 2012/05/30 ( VICTORIA ANIMAL HOSPITAL 50.00 AP 00324858 2012/05/30 ( VICTORIA ANIMAL HOSPITAL 50.00 AP 00324858 2012/05/30 ( VICTORIA ANIMAL HOSPITAL 50.00 AP 00324858 2012/05/30 ( VICTORIA ANIMAL HOSPITAL. 50.00 AP 00324858 2012/05/301 VICTORIA ANIMAL HOSPITAL 50.00 pP 00324858 2012/05/30 l VICTORIA ANIMAL HOSPITAL 25.00 AP 00324859 2012/05/30 I VILLAGE NURSERIES WHOLESALE LLC 75325 AP 00324860 2012/05/30 l VIRTUAL PROJECT MANAGER INC 500.00 AP 00324861 2012/05/30 ( VISION COMMUNICATIONS CO 305.89 AP 00324862 20] 2/05/30 ( WALTERS WHOLESALE ELECTRIC CO 646.50 AP 00324862 2012/05/30 ( WALTERS WHOLESALE ELECTRIC CO 65.98 AP 00324862 2012/05/30 ( WALTERS WHOLESALE ELECTRIC CO 6929 AP 00324862 2012/05/30 ( WALTERS WHOLESALE ELECTRIC CO 11.64 AP 00324862 2012/05/30 ( WALTERS WHOLESALE ELECTRIC CO 720.42 pp 00324863 2012/05/30 ( WARNER, CRAIG 60.00 AP 00324864 2012/05/30 ( WAXIE SANITARY SUPPLY -117.99 AP 00324864 2012/05/301 WAXIE SANITARY SUPPLY 7521 AP 00324864 2012/05/301 WAXIE SANITARY SUPPLY 1,723.11 AP 00324864 2012/05/301 WAXIE SANITARY SUPPLY 9421 User: VLOPEZ -VERONICA LOPEZ Page: 19 Current Date: 06/13/: Report CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Asenda Check Resister 5/30/2012 through 6/12/2012 P34 Check No. Check Date Vendor Name Amoum AP 00324864 2012/05/30 I WAXIE SANITARY SUPPLY 1,192.68 AP 00324864 2012/05/301 WAXIE SANITARY SUPPLY 87.43 AP 00324864 2012/05/30 I WAXIE SANITARY SUPPLY 218.90 AP 00324864 2012/05/301 WAXIE SANITARY SUPPLY 86.20 AP 00324864 2012/05/301 WAXIE SANITARY SUPPLY 325.36 AP 00324864 2012/05/30 I WAXIE SANITARY SUPPLY 1,054.38 AP 00324864 2012/05/30 l WAXIE SANITARY SUPPLY 111.05 AP 00324864 2012/05/30 I WAXIE SANITARY SUPPLY 332.56 AP 00324865 2012/05/30 ( WEATHERFORD, SANDRA 250.00 AP 00324866 2012/05/30 ( WESCO RECEIVABLES CORP 1,147.54 AP 00324866 2012/05/30 ( WESCO RECEIVABLES CORP 93.10 AP 00324866 2012/05/30 l WESCO RECEIVABLES CORP 582.52 AP 00324866 2012/05/301 WESCO RECEIVABLES CORP 584.24 AP 00324866 2012/05/301 WESCO RECEIVABLES CORP 4,111.74 AP 00324866 2012/05/301 WESCO RECEIVABLES CORP -4,111.74 AP 00324866 2012/05/301 WESCO RECEIVABLES CORP 187.49 AP 00324867 2012/05/301 WEST PAYMENT CENTER 343.47 AP 00324868 2012/05/301 WEST SANITATION SERVICES INC 361.95 AP 00325078 2012/06/07 f CUCAMONGA VALLEY WATER DISTRICT 193.45 AP 00325078 2012/06/071 CUCAMONGA VALLEY WATER DISTRICT 238.97 AP 00325078 2012/06/071 CUCAMONGA VALLEY WATER DISTRICT 100.14 AP 00325078 2012/06/07 ( CUCAMONGA VALLEY WATER DISTRICT 227.25 AP 00325078 2012/06/071 CUCAMONGA VALLEY WATER DISTRICT 213.44 AP 00325078 2012/06/07 I CUCAMONGA VALLEY WATER DISTRICT 181.05 AP 00325078 2012/06/07 I CUCAMONGA VALLEY WATER DISTRICT 1,559.16 AP 00325078 2012/06/071 CUCAMONGA VALLEY WATER DISTRICT 122.45 AP 00325078 2012/06/071 CUCAMONGA VALLEY WATER DISTRICT 2,096.88 AP 00325078 2012/06/07 ( CUCAMONGA VALLEY WATER DISTRICT 3,654.50 AP 00325086 2012/06/071 KONICA MINOLTA BUSINESS SOLUTIONS USA I 59.17 AP 00325086 2012/06/07 I , KONICA MINOLTA BUSINESS SOLUTIONS USA I 87.14 AP 00325086 2012/06/07 l KONICA MINOLTA BUSINESS SOLUTIONS USA I 5,754.02 AP 00325084 2012/06/071 HYDROSCAPE PRODUCTS INC 113.59 AP 00325083 2012/06/071 GOLF VENTURES WEST 215.59 AP 00325082 2012/06/07 ( GENERATOR SERVICES CO 4,208.73 AP 00325082 2012/06/07 ( GENERATOR SERVICES CO 500.00 AP 00325082 2012/06/07 ( GENERATOR SERVICES CO 1,239.32 AP 00325082 2012/06/071 GENERATOR SERVICES CO 2,314.26 AP 00324913 2012/06/06 ( CALIFORNIA, STATE OF 1,760.50 AP 00324913 2012/06/06 ( CALIFORNIA, STATE OF 656.00 AP 00324910 2012/06/06 ( BRENT BINNALL 1,021.68 AP 00324909 2012/06/06 ( BRAMBILA, RUBEN 5,833.33 AP 00324908 2012/06/06 ( BIG D FLOOR COVERING SUPPLIES 2,138.40 AP 00324906 2012/06/06 ( BAYER HEALTHCARE LLC 236.39 AP 00324906 2012/06/06 ( BAYER HEALTHCARE LLC 256.32 AP 00324904 2012/06/06 l AUTO AND RV SPECIALISTS INC. 57.43 User: VLOPEZ -VERONICA LOPEZ Page: 20 Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Resister 5/30/2012 through 6/12/2012 P35 Check No. ' Check Date Vendor Name Amount AP 00324903 2012/06/061 ASAP POWERSPORTS 822.71 AP 00324931 2012/06/06 I EARTHSPIRITS.NETINO. 199.96 AP 00324930 2012/06/061 DEPARTMENT ISSUE INCORPORATED 824.29 AP 00324929 2012/06/061 DELTA DENTAL 41,738.28 AP 00324928 2012/06/06 ( DAVENPORT, JAY E. 553.00 AP 00324926 2012/06/06 l D AND K CONCRETE COMPANY 318.94 AP 00324926 2012/06/061 D AND K CONCRETE COMPANY 318.94 AP 00324925 2012/06/06 ( CSMFO 25.00 AP 00324924 2012/06/061 COYOTE CANYON SCHOOL (R-LL) 42.00 AP 00324923 2012/06/06 ( COUNSELING TEAM INTERNATIONAL, THE 1,350.00 AP 00324949 2012/06/06 ( GALE GROUP,THE 61.96 AP 00324948 2012/06/06 ( GARJS, JOY 70.00 AP 00324947 2012/06/06 ( GAIL MATERIALS 2,977.59 AP 00324947 2012/06/06 ( GAIL MATERIALS 1,049.66 AP 00324946 2012/06/061 G AND M BUSINESS INTERIORS 697.15 AP 00324945 2012/06/06 ( FUTURE LIGHTING 500.00 AP 00324943 2012/06/06 ( FOOTHILL CHAPTER OF IOC 50.00 AP 00324941 2012/06/06 ( FLANDERS, MICHAEL 187.50 AP 00324940 2012/06/06 ( FIliST CLASS HEATING & AIlt INC. 5,324.00 AP 00324960 2012/06/06 ( HOME DEPOT CREDIT SERVICES 134.36 AP 00324960 2012/06/06 ( HOME DEPOT CREDIT SERVICES 143.04 AP 00324959 2012/06/06 ( HINDERLITER DE LLAMAS AND ASSOCIATES 3,680.35 AP 00324959 2012/06/06 ( HINDERLITER DE LLAMAS AND ASSOCIATES 1,200.00 AP 00324959 2012/06/06 ( HINDERLITER DE LLAMAS AND ASSOCIATES 1,200.00 AP 00324959 2012/06/06 ( HINDERLITER DE LLAMAS AND ASSOCIATES 10,402.99 AP 00324958 2012/06/06 ( HILTI INC 2,098.76 AP 00324957 2012/06/06 ( HILLS PET NUTRITION SALES INC 74.62 AP 00324957 2012/06/06 ( HILLS PET NUTRITION SALES INC 419.37 AP 00324967 2012/06/06 ( I A A P 25.00 AP 00324967 2012/06/06( I A A P 25.00 AP 00324967 2012/06/061 I A A P 25.00 AP 00324967 2012/06/06 ( I A A P 25.00 AP 00324967 2012/06/06 ( I A A P 25.00 AP 00324967 2012/06/06 ( I A A P 25.00 AP 00324967 2012/06/06 ( I A A P 25.00 AP 00324967 2012/06/06 ( I A A P 25.00 AP 00324967 2012/06/06 ( I A A P 25.00 AP 00324995 2012/06/06 ( MWI VETERINARY SUPPLY 53.24 AP 00324995 2012/06/06 ( MWI VETERINARY SUPPLY ~ 16.80 AP 00324995 2012/06/06 ( MWI VETERINARY SUPPLY 1,491.27 AP 00324995 2012/06/06 ( MWI VETERINARY SUPPLY 269.38 AP 00324995 2012/06/06 ( MWI VETERINARY SUPPLY 329.20 AP 00324995 2012/06/06 f MWI VETERINARY SUPPLY 12.87 AP 00324995 2012/06/06 ( MWI VETERINARY SUPPLY 56.43 AP 00324995 2012/06/06 ( MWI VETERINARY SUPPLY 431.14 User: VLOPEZ - VERONICA LOPEZ Page: 21 Current Date: 06/13/: Report CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Aeenda Check Resister 5/30/2012 through 6/12/2012 P36 Check No. Check Date Vendor Name Amount AP 00324994 2012/06/06 ( MUNOZ, LISA 92.00 AP 00324992 2012/06/061 MIDWEST TAPE 282.87 AP 00324992 2012/06/061 MIDWEST TAPE 214.92 AP 00324992 2012/06/06 I MIDWEST TAPE 160.92 Ap 00324992 2012/06/061 MIDWEST TAPE 264.08 AP 00324992 2012/06/06 ( MIDWEST TAPE 171.89 AP 00324992 2012/06/06 ( MIDWEST TAPE 16L90 AP 00324991 2012/06/06 ( MEDINA, NADIA 38.40 AP 00324990 2012/06/06 l MCMASTER CARR SUPPLY COMPANY 57.20 AP 00324990 2012/06/06 ( MCMASTER CARR SUPPLY COMPANY 86.32 AP 00324989 2012/06/06 ( MC TRUCKING 1,195.59 AP 00324988 2012/06/06 ( MARTINEZ UNION SERVICE 70.00 AP 00324987 2012/06/06 ( MAIN STREET SIGNS 17,520.15 AP 00324987 2012/06/06 ( MAIN STREET SIGNS 232.74 AP 00324987 2012/06/06 ( MAIN STREET SIGNS 1,109.23 AP 00324987 2012/06/06 ( MAIN STREET SIGNS 6,547.21 AP 00324987 2012/06/061 MAIN STREET SIGNS 9,189.46 AP 00324986 2012/06/06 l LIFE OF THE PARTY 550.00 AP 00324986 2012/06/061 LIFE OF THE PARTY 550.00 AP. 00324985 2012/06/061 LIEBERT CASSIDY WHITMORE 720.00 AP 00324984 2012/06/061 LANCE SOLL AND LUNGHARD 600.00 AP 00324983 2012/06/06 ( LA STAGE ALLIANCE 17.50 AP 00324983 2012/06/06 l LA STAGE ALLIANCE 17.50 AP 00324982 2012/06/06 ( KNOWLES, JESSICA 15.60 AP 00324980 2012/06/06 ( KARBORD 7,376.23 AP 00324979 2012/06/06 ( K K WOODWORKING 17.22 AP 00324978 2012/06/06 ( JOHN ELWAY CROWN TOYOTA 683.00 AP 00324977 2012/06/06 ( JOHN DEERE LANDSCAPES 61.88 AP 00324977 2012/06/06 ( 70HN DEERE LANDSCAPES 42.71 AP 00324977 2012/06/06 ( JOHN DEERE LANDSCAPES 47.46 AP 00324977 2012/06/06 l JOHN DEERE LANDSCAPES 5.41 AP 00324976 2012/06/06 ( IVIE, KELLY 30.00 AP 00324975 2012/06/061 INTELLIBRIDGE PARTNERS LLC 488.00 AP 00324975 2012/06/061 INTELLIBRIDGE PARTNERS LLC 3,904.00 AP 00324974 2012/06/061 INLAND SIGNS INC 1,240.00 AP 00324972 2012/06/06 l INLAND OFFICE PRODUCTS COMPANY 60.34 AP 00324971 2012/06/06 f INLAND EMPIltE NARCOTICS ANONYMOUS 100.00 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 33.59 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 95.14 AP 00324970 2012/06/06 l INDEPENDENT STATIONERS 126.94 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 442.56 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 39.22 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 138.20 AP 00324970 2012/06/061 INDEPENDENT STATIONERS 29.73 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 81.44 User: VLOPEZ -VERONICA LOPEZ Page: 22 Current Date: 06/13/: Report; CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Aeenda Check Re¢ister 5/30/2012 through 6/12/2012 P37 Check No. Check Date Vendor Name Amount AP 00324970 2012/06/061 INDEPENDENT STATIONERS 187.72 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 21.72 AP 00324970 2012/06/061 INDEPENDENT STATIONERS 1,097.07 AP 00324970 2012/06/06 l INDEPENDENT STATIONERS 698.70 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 103.41 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 32.62 AP 00324970 2012/06/06 f INDEPENDENT STATIONERS 13.63 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 7.66 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 85.58 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 34.49 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 1.08 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 12.02 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 4.85 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 63.02 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 482.68 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 125.33 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 27.22 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 12.29 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 42.46 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 42.45 AP 00325001 2012/06/06 ( ONTRAC 53.57 AP 00325000 2012/06/06 ( ONTARIO WINNELSON CO 72.08 AP 00324999 2012/06/06 ( OFFICE DEPOT 508.56 AP 00324998 2012/06/061 NIMAKO, SOLOMON 55.00 AP 00324970 2012/06/06 ( INDEPENDENT STATIONERS 19.10 AP 00324970 2012/06/061 INDEPENDENT STATIONERS -12.87 AP 00324970 2012/06/061 INDEPENDENT STATIONERS 47.41 AP 00324970 2012/06/061 INDEPENDENT STATIONERS 12.68 AP 00324968 2012/06/061 IMPERIAL SPRINKLER SUPPLY INC 510.48 AP 00324967 2012/06/061 I A A P 25.00 AP 00324967 2012/06/061 I A A P 25.00 AP 00324967 2012/06/06 l I A A P 25.00 AP 00324966 2012/06/06 ( HUNTER, TASHA 170.25 AP 00324966 2012/06/06 ( HUNTER, TASHA 438.54 AP 00324966 2012/06/06 ( HUNTER, TASHA 349.00 AP 00324965 2012/06/06 ( HUMANE SOCIETY OF SAN BERNARDINO VALL: 475.00 AP 00324964 2012/06/06 ( HUB CONSTRUCTION SPECIALITIES INC 97.46 AP 00324964 2012/06/06 ( HUB CONSTRUCTION SPECIALITIES INC 2,856.45 AP 00324964 2012/06/06 ( HUB CONSTRUCTION SPECIALITIES INC 108.61 AP 00324961 2012/06/06 ( HOOD, KARYE 23.69 AP 00324957 2012/06/06 ( HILLS PET NUTRITION SALES INC 122.99 AP 00324957 2012/06/06 l HILLS PET NUTRITION SALES INC 663.74 AP 00324956 2012/06/06 l HENRY, ERMA 250.00 AP 00324955 2012/06/061 HEIDER ENGINEERING SERVICES INC. 270.00 AP Ob324953 2012/06/06 l HADLEY TOW 65.00 User: VLOPEZ -VERONICA LOPEZ Page: 23 Current Dale: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Resister 5/30/2012 through 6/12/2012 P38 Check No. Check Date Vendor Name ~ Amouni AP 00324952 2012/06/061 GREGORY, GINA 24.00 AP 00324951 2012/06/061 GRAPHICS FACTORY PRINTING INC. 194.02 AP 00324950 2012/06/06 f GRAINGER 178.61 AP 00324939 2012/06/061 FIGUERAS, SANDRA - 250.00 AP 00324938 2012/06/061 FEDERAL EXPRESS CORP 25.68 AP 00324937 2012/06/061 EXPERIAN 52.00 AP 00324936 2012/06/06 ( ENTERTAINMENT LIGHTING SERVICES 66.00 . AP 00324935 2012/06/06 ( EMBROIDME 190.65 AP 00324934 2012/06/06 ( ELLIS ENTERPRISES ~ 70.00 AP 00324932 2012/06/06 l EDWARDS, MICHAEL 250.00 AP 00324931 2012/06/06 ( EARTHSPIRITS.NET INC. 15.00 AP 00324922 2012/06/06 l CORTESE, DEANNE 250.00 AP 00324921 2012/06/06 l CINEROS, LEO 30.00 AP , 00324920 2012/06/061 CHRISTIAN, JULIE 26.00 AP 00324919 2012/06/061 CHENG, JOYCE 120.00 AP 00324918 2012/06/06 ( CHAMPION FIRE SYSTEMS INC 945.00 AP '00324917 2012/06/06 l CHAFFEY UNION HIGH SCHOOL DISTRICT 314.88 AP 00324917 2012/06/061 CHAFFEY UNION HIGH SCHOOL DISTRICT 85.80 AP 00324915 2012/06/061 CENTRAL SCHOOL DISTRICT 7,237.00 AP 00324903 2012/06/061 ASAP POWERSPORTS 198.00 AP 00324903 2012/06/061 ASAP POWERSPORTS 298.00 AP 00325090 2012/06/071 TW TELECOM 3,970.50 AP 00325089 2012/06/071 SUNRISE FORD 457.57 AP 00325089 2012/06/071 SUNRISE FORD 307.65 AP 00325087 2012/06/07 l LIMS AUTO INC 161.07 AP 00325087 2012/06/07 f LIMS AUTO INC 49.05 AP 00325087 2012/06/07 ( LIMS AUTO INC 124.50 AP 00325082 2012/06/07 ( GENERATOR SERVICES CO 310.10 AP 00325081 2012/06/07 ( EWING IRRIGATION PRODUCTS 54.73 AP 00325080 2012/06/07 ( DEKRA-CITE INDUSTRIES INC 114.76 AP 00325079 2012/06/07 l DAPPER TIRE CO 4,960.59 AP 00325078 2012/06/07 ( CUCAMONGA VALLEY WATER DISTRICT 975.25 AP 00325078 2012/06/071 CUCAMONGA VALLEY WATER DISTRICT 2,298.60 AP 00325078 2012/06/071 CUCAMONGA VALLEY WATER DISTRICT 896.81 AP 00325078 2012/06/071 CUCAMONGA VALLEY WATER DISTRICT 668.63 AP 00325077 2012/06/071 AIRGAS WEST 126.30 AP 00324870 2012/05/30 I WESTRUX INTERNATIONAL INC 283.94 AP 00324872 2012/05/30 l XTREME DETAILING 530.00 AP 00324873 2012/05/30 f YOST PHOTOGRAPHY, CHERYL 350.00 AP 00324874 2012/05/30 ( ZURITA PR 161.70 Ap 00325001 2012/06/06 ( ONTRAC 50.96 AP 00325002 2012/06/06 ( OPARC 352.00 AP 00325004 2012/06/06 ( PATCHETT & ASSOCIATES 370.00 AP 00325007 2012/06/06 ( PEPSI-COLA 570.50 AP 00325009 2012/06/06 ( PHOENLX GROUP INFORMATION SYSTEMS 429.77 User: VLOPEZ -VERONICA LOPEZ Page: 24 Current Dale: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Resister 5/30/2012 through 6/12/2012 P39 Check 1Vo. Check Date Vendor Name Amount AP 00325011 2012/06/06 ( PIP PRINTING 251.42 AP 00325013 2012/06/061 PRO SPRAY EQUIPMENT 255.29 AP 00325017 2012/06/06 ( RANCHO REGIONAL VETERINARY HOSPITAL Il\ 50.00 AP 00325017 2012/06/06 ( RANCHO REGIONAL VETERINARY HOSPITAL Ir 50.00 AP 00325022 2012/06/06 ( RICHARDS WATSON AND GERSHON 345.20 AP 00325022 2012/06/06 ( RICHARDS WATSON AND GERSHON 7,066.50 AP 00325022 2012/06/06 ( RICHARDS WATSON AND GERSHON 9,906.67 AP 00325022 2012/06/06 ( RICHARDS WATSON AND GERSHON 3,298.00 AP 00325021 2012/06/06 ( REYES, JORGE 110.00 AP 00325019 2012/06/061 REGAL PRINTING 342.00 AP 00325019 2012/06/061 REGAL PRINTING 342.00 AP 00325017 2012/06/06 ( RANCHO REGIONAL VETERINARY HOSPITAL IK 25.00 AP 00325017 2012/06/061 RANCHO REGIONAL VETERINARY HOSPITAL IK 50.00 Ap 00325029 2012/06/06 I SAN BERNARDINO CO AUDITOR CONT 525.00 AP 00325029 2012/06/06 I SAN BERNARDINO CO AUDITOR CONT 265.50 AP 00325029 2012/06/06 ( SAN BERNARDINO CO AUDITOR CONT 531.00 AP 00325029 .2012/06/06 ( SAN BERNARDINO CO AUDITOR CONT ~ 354.00 AP 00325029 2012/06/06 ( SAN BERNARDBJO CO AUDITOR CONT 265.50 AP 00325029 2012/06/06 ( SAN BERNARDINO CO AUDITOR CONT 265.50 AP 00325028 2012/06/06 f SAENZ, RICHARD 90.00 pp 00325027 2012/06/06 f S AND W PLASTICS 57.89 AP 00325026 2012/06/06 ( S AND K ENGINEERS INC 4,800.00 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 22.64 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 22.03 pp 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 21.91 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 21.91 AP 00325040 2012/06/06 l SOUTHERN CALIFORNIA EDISON 77.76 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 79.06 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 59.73 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 25.27 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 24,49 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 28.87 Ap 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 22.67 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 21.91 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 21.78 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 22.03 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 21.91 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 21.91 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 23.37 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 23.49 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 206.62 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 23.62 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 22.03 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 50.04 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 42.43 User: VLOPEZ -VERONICA LOPEZ Page: 25 Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Re¢ister 5/30/2012 through 6/12/2012 P40 Check No. Check Date Vendor Name Amount AP 00325040 2012/06/06 l SOUTHERN CALIFORNIA EDISON 21.91 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 76.95 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 79.98 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 74.68 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 22.03 AP 00325040 2012/06/06 l SOUTHERN CALffORNIA EDISON 66.57 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 109.09 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 50.61 AP . 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 22.03 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 91.86 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 66.69 AP 00325040 2012/06/06 f SOUTHERN CALIFORNIA EDISON 22.03 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 21.91 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 56.76 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 128.31 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON ~ 21.26 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON - 54.44 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 21.26 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 55.47 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON ~ 107.66 AP 00325040 2012/06/06 l SOUTHERN CALIFORMA EDISON 132.83 Ap 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 65.91 AP 00325065 2012/06/061 VERIZON CALIFORNIA 242.59 AP 00325065 2012/06/061 VERIZON CALIFORNIA 35.81 AP 00325065 2012/06/061 VERIZON CALIFORNIA 35.81 AP 00325065 2012/06/06 I VERIZON CALIFORNIA 183.59 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 38.59 AP 00325065 2012/06/061 VERIZON CALIFORNIA 38.59 AP 00325065 2012/06/061 VERIZON CALIFORNIA 429.04 AP 00325065 2012/06/061 VERIZON CALIFORNIA 145.17 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 188.13 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 38.59 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 41.02 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 1,517.18 AP 00325065 2012/06/06 l VERIZON CALIFORNIA 374.11 AP 00325063 2012/06/06 ( VCA CENTRAL ANIMAL HOSPITAL 583.55 AP 00325063 2012/06/06 ( VCA CENTRAL ANIMAL HOSPITAL 64.40 AP 00325063 2012/06/06 ( VCA CENTRAL ANIMAL HOSPITAL 186.86 AP 00325063 2012/06/061 VCA CENTRAL ANIMAL HOSPITAL 38.25 AP 00325062 2012/06/06 I VALLEY CREST LANDSCAPE MAINTENACE 33.15 AP 00325062 2012/06/06 ( VALLEY CREST LANDSCAPE MAINTENACE 10,616.94 AP 00325062 2012/06/06 I VALLEY CREST LANDSCAPE MAINTENACE 52,651.25 AP 00325062 2012/06/06 ( VALLEY CREST LANDSCAPE MAINTENACE 13,515.76 AP 00325061 2012/06/06 ( VALDEZ, TRINA 429.02 AP 00325059 2012/06/06 ( UPSCO POWERSAFE SYSTEMS INC 969.75 User: VLOPEZ -VERONICA LOPEZ Page: 26 Current Dale: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Re¢ister 5/30/2012 through 6/12/2012 P41 Check o. Check Dale Vendor Name Amount AP 00325058 2012/06/061 UPS 51.91 AP 00325057 2012/06/06 ( UNITED ROTARY BRUSH CORPORATION 259.83 AP 00325056 2012/06/06 ( UNION BANK OF CALIFORNIA PARS TRUSTEE 1,875.61 AP 00325055 2012/06/06 ( UNION BANK OF CALIFORNIA PARS TRUSTEE 32,521.59 AP 00325053 2012/06/061 TRUJILLO, 70E 15.00 AP 00325053 2012/06/061 TRUJILLO, JOE 100.00 AP 00325052 2012/06/061 TRANSACT TECHNOLOGIES INC 170.17 AP 00325051 2012/06/06 I TOTAL COLLEGE SOLUTIONS 250.00 AP 00325050 2012/06/061 TOMARK SPORTS INC 141.95 AP 00325049 2012/06/06 ( TICKETS COM INC 994.23 AP 00325047 2012/06/061 SWANK MOTION PICTURES INC 321.00 Ap 00325047 2012/06/061 SWANK MOTION PICTURES INC 321.00 AP 00325047 2012/06/061 SWANK MOTION PICTURES INC ~ 321.00 AP 00325047 2012/06/06 ( SWANK MOTION PICTURES INC 321.00 AP 00325046 2012/06/061 SURFACE AMERICA INC 1,308.05 AP 00325046 2012/06/061 SURFACE AMERICA INC 600.00 AP 00325045 2012/06/06 ( SUNSTATE EQUIPMENT COMPANY LLC 779.11 AP 00325044 2012/06/06 ( STERLING COFFEE SERVICE 83.57 AP 00325044 2012/06/06 ( STERLING COFFEE SERVICE 366.36 AP 00325042 2012/06/06 ( SOUTHLAND FARMERS MARKET ASSOC INC 888.00 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 2.77 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 22.03 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 36.87 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 11.70 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 22.03 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 108.90 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 43.34 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 150.03 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 67.59 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 24.62 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 38.31 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 22.03 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 22.67 AP 00325040 2012/06/06 l SOUTHERN CALIFORNIA EDISON 69.80 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 47.60 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 155.09 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 45.14 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 15.27 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 21.91 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 56.12 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 37.29 AP 00325040 2012/06/06 l SOUTHERN CALIFORNIA EDISON 65.28 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 36.23 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 23.37 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 239.54 User: VLOPEZ -VERONICA LOPEZ Page: 27 Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA P42 Agenda Check Resister 5/30/2012 through 6/12/2012 Check No. Check Date Vendor Name Amoum AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 22.16 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNUI EDISON 44.52 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 22.03 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNLI EDISON 22.03 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 22.16 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 18.65 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 20.24 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 38.59 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 22.16 AP 00325040 2012/06/06 l SOUTHERN CALIFORNIA EDISON 22.03 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 21.65 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON ~ 22.03 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 22.03 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 46.81 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 22.16 AP 00325040 2012/06/06 I SOUTHERN CALIFORNIA EDISON 22.03 AP 00325040 2012/06/06 l SOUTHERN CALIFORNIA EDISON 131.84 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 21.26 AP 00325040 2012/06/061 SOUTHERN CALIFORNL4 EDISON 21.91 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 108.52 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 22.93 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 54.17 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 346.04 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 38.31 Ap 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 43.56 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 21.91 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 22.03 pP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 196.04 AP 00325040 2012/06/06 l SOUTHERN CALIFORMA EDISON 21.91 AP 00325040 2012/06/06 I SOUTHERN CALIFORNIA EDISON 21.91 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 32.92 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 32.93 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 21.91 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 21.91 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 70.32 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 21.91 Ap 00325040 2012/06/06 ( SOUTHERN CALIFORNLI EDISON 63.93 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 22.28 AP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 22.93 pP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 22.03 qP 00325040 2012/06/06 ( SOUTHERN CALIFORNIA EDISON 23.37 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 23.37 AP 00325040 2012/06/06 I SOUTHERN CALIFORNIA EDISON 107.99 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 83.05 AP 00325040 2012/06/06 I SOUTHERN CALIFORNIA EDISON 22.03 User: VLOPEZ -VERONICA LOPEZ Page: 28 ~ Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Resister 5/30/2012 through 6/12/2012 P43 Check No. Check Date Vendor Name Amoum AP 00325040 2012/06/06 I SOUTHERN CALIFORNIA EDISON 100.01 AP 00325040 2012/06/06 l SOUTHERN CALIFORNIA EDISON 55.63 AP 00325040 2012/06/061 SOUTHERN CALIFORNIA EDISON 61.48 AP 00325036 2012/06/06 ( SO CALIF GAS COMPANY 84.67 AP 00325036 2012/06/06 ( SO CALIF GAS COMPANY 131.69 AP 00325036 2012/06/06 ( SO CALIF GAS COMPANY 427.61 Ap 00325036 2012/06/06 ( SO CALIF GAS COMPANY 2,456.17 AP 00325033 2012/06/06 ( SCHILLER, JAMES C 263.11 AP 00325031 2012/06/061 SAN BERNARDINO COUNTY SHERIFFS DEPT 415.60 AP 00325030 2012/06/061 SAN BERNARDINO COUNTY SHERIFFS DEPT 311.70 AP 00325029 2012/06/061 SAN BERNARDINO CO AUDITOR CONT 1,260.00 AP 00325025 2012/06/06 ( ROUCH, PETER 95.00 AP 00325024 2012/06/06 ( ROSARIO SALINAS ASSOCIATION 1,425.00 AP 00325023 2012/06/061 RODRIGUEZ INC, R Y 3.73 AP 00325023 2012/06/06 I RODRIGUEZ INC, R Y 3.30 AP 00325023 2012/06/061 RODRIGUEZ INC, R Y 2]6.00 AP 00325023 2012/06/061 RODRIGUEZ INC, R Y 1.12 AP 00325023 2012/06/06 l RODRIGUEZ INC, R Y 3.94 AP 00325023 2012/06/06 ( RODRIGUEZ INC, R Y 279.00 AP 00325017 2012/06/06 ( RANCHO REGIONAL VETERINARY HOSPITAL Ir 50.00 AP ~ 00325016 2012/06/06 ( QUINONEZ-PHELPS, CHELSEA 25.00 AP 00325012 2012/06/06 ( PRECISION CONSTRUCTION 71.01 Ap 00325011 2012/06/06 ( PIP PRINTING 502.83 AP 00325008 2012/06/06 ( PEREZ, JANET 42.00 AP 00325006 2012/061061 PENNY PLUMBING 259.20 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 95.82 AP 00325065 2012/06/061 VERIZON CALIFORNIA 35.81 AP 00325065 2012/06/061 VERIZON CALIFORNIA 20.24 AP 00325065 2012/06/061 VERIZON CALIFORNIA 112.26 AP 00325065 2012/06/06 I VERIZON CALIFORNIA 127.60 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 38.59 AP 00325065 2012/06/06 l VERIZON CALIFORNIA 37.42 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 38.59 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 1,470.26 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 79.95 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 38.59 AP 00325065 2012/06/061 VERIZON CALIFORNIA 20.51 AP 00325065 2012/06/06 l VERIZON CALIFORNIA 77.91 AP 00325065 2012/06/061 VERIZON CALIFORNIA 38.59 AP 00325065 2012/06/061 VERIZON CALIFORNIA 37.42 AP 00325065 2012/06/06 ( VERIZON CALIFORNIA 37.42 AP 00325065 2012/06/06 l VERIZON CALIFORNIA 209.51 AP 00325065 2012/06/061 VERIZON CALIFORNIA 364.70 AP 00325067 2012/06/06 l VFS FIRE AND SECURITY SERVICES 110.65 AP 00325068 2012/06/061 WALTERS WHOLESALE ELECTRIC CO 58.19 User: VLOPEZ -VERONICA LOPEZ Page: 29 Current Date: 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA P44 Agenda Check Resister 5/30/2012 through 6/12/2012 Check No. Check Date Vendor Name Amount AP 00325068 2012/06/06 ( WALTERS WHOLESALE ELECTRIC CO 60.07 AP 00325068 2012/06/06 ( WALTERS WHOLESALE ELECTRIC CO 120.17 AP 00325069 2012/06/06 ( WAXIE SANITARY SUPPLY 607.27 AP 00325069 2012/06/06 ( WAXIE SANITARY SUPPLY 412.05 AP 00325069 2012/06/06 ( WAXIE SANITARY SUPPLY 778.43 AP 00325069 2012/06/06 ( WAXIE SANITARY SUPPLY 2.52 AP 00325069 2012/06/06 ( WAXIE SANITARY SUPPLY 126.36 AP 00325069 2012/06/06 ( WAXIE SANITARY SUPPLY 21.05 AP 00325069 2012/06/061 WAXIE SANITARY SUPPLY 171.82 AP 00325069 2012/06/061 WAXIE SANITARY SUPPLY 193.53 AP 00325070 2012/06/061 WESCO RECEIVABLES CORD 45.63 AP 00325070 2012/06/06 ( WESCO RECEIVABLES CORP 21.38 AP 00325070 2012/06/06 ( WESCO RECEIVABLES CORP 290.93 AP 00325070 2012/06/06 ( WESCO RECEIVABLES CORP 75.43 AP 00325071 2012/06/06 ( WEST COAST SAND AND GRAVEL INC 994.60 AP 00325072 2012/06/06 ( WILLIAMS CONST & BACKHOE SVC INC 3,340.00 AP 00325073 2012/06/06 ( WILSON; TAMMI 9.00 AP 00325074 2012/06/06 ( XTREME DETAILING 450.00 AP 00325075 2012/06/06 ( YEAW & ASSOCIATES, JOHN 289.20 AP 00325075 2012/06/06 ( YEAW & ASSOCIATES, JOHN 396.90 AP 00325076 2012/06/06 ( ZEE MEDICAL INC 662.31 EP 00002602 2012/06/06 ( MACDONALD, JAMIE 1,340.00 EP 00002602 2012/06/06 ( MACDONALD, JAMIE 188.70 EP 00002603 2012/06/06 ( SAN BERNARDINO CTY SHERIFFS DEPT 2,238,837.00 EP 00002595 2012/05/30 ( CALIF GOVERNMENT VEBA/RANCHO CUCAMO] 1,580.00 EP 00002595 2012/05/301 CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 7,025.00 Total for Entity: 3,471,015.99 User: VLOPEZ -VERONICA LOPEZ Page: 30 Current Date; 06/13/: Report: CK_AGENDA_REG_PORTRAIT_RC - 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LL Q K Q W C ~ w W LL y a H N C O a O U u c d Q m d A Q m m d O LL ~ N °o to 0 O N NO Q e n N 0 0 N °o 0 e N N OI `u Q N O H P53 ~ a ~a~ O f j a~ g a° ~ ~ E a (V ~_ 0 a a54 d J ~ rn A a ~ O ~ j ~ a' 8 ao a rc a y y c A o o o O 0 e c O 0 o c O q GI O oO O O O O N r O O N N M N C q 0 ; O O O q 6 ~ Ea e ~3 0 N m~ m ._ N Ip t P o e e r O i E~ ~ y N a`o r+ ~+ L M d ~ £ a ~ v a~ T ~ F o ~ m ~ ~ ~ ~ ~ op ~•' « •~ ;,o A 9 Q H ~+ N a° ~ ~ mq _ V ~ N~ a Ya m o N e N H N d d E Y m U y » ~ fL c •~ ~' ~ a a U ~ U ' O N d C N Q o _~ U A d J ~ ~ m ~ N O U U LL STAFF REPORT - Public Works Services Department Date: June 20, 2012 RANCHO cUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director By: Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent Paul Fisher, Management Aide Subject: RELEASE OF MAINTENANCE BOND NO. PRF7615639-M IN THE AMOUNT OF $64,426.00 FOR THE CITYWIDE BRIDGE DECK MAINTENANCE PHASE 2 OF 3, CONTRACT NO. CO 10-059. It is recommended that the City Council authorize the City Clerk to release the Maintenance Bond No. PRF7615639-M in the amount of $64,426.00, for the Citywide Bridge Deck Maintenance Phase 2 of 3, Contract No. CO 10-059. BACKGROUND/ANALYSIS On June 2, 2010, the Council awarded a contract to O'Donnell Construction, Inc. for Citywide Bridge Deck Maintenance Phase 2 of 3 and accepted the project as complete on June 15, 2011. The project completed Caltrans recommended maintenance on six (6) city maintained bridge decks including additional safety improvements not specified on the Caltrans bridge inspection reports and the maintenance of pedestrian and equestrian bridge decks not included in the Caltrans bridge inspection program. The scope of work included the construction of bridge approach slabs, treatment of concrete decks with methacrylate, removal and replacement of joint seals, removal and replacement of P.C.C. pavement and curb and gutter, removal and replacement of asphaltic concrete pavement and aggregate base materials, installation of metal beam guardrails, modified chain link fences, and other work incidental to the above construction activities. The bridges completed for this project were located on Cucamonga Creek Channel at Base Line Road, Arrow Route and 9"' Street; Hawker-Crawford Channel at Cherry Avenue; Deer Creek Channel at 25`" Street and 26"' Street; and two vehicular bridges over Demens Creek Channel in Heritage Park. The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: O'Donnell Construction, Inc. 559 W. Covina Blvd. San Dimas, CA 91773 Re a fully bmitted, William Wittkopf Public Works Services Director P55 WW:ER/pf P56 STAFF REPORT f ~ , CITY MdNdGER'S OFFICE jZANCxo Date: June 20, 2012 CUCAMONGA To: Mayor and Members of the City Council John Gillison, City Manager From: Fabian Villenas, Principal Management Analyst Subject: Approval of Professional Services Agreement Between City of Rancho Cucamonga and Rancho Cucamonga Chamber of Commerce for Economic Development Services Approve the Professional Services Agreement between the City of Rancho Cucamonga (City) and the Rancho Cucamonga Chamber of Commerce (Commerce) for Economic Development Services. BACKGROUND Dating back to 1999, the City, Chamber, and former Redevelopment Agency have been engaged in a cooperative agreement with the Chamber acting as a Contractor to the City and Agency by providing a variety of services and products in furtherance of the economic development goals of the community. Over the years that agreement has been modified a number of times to reflect changes in the scope of services and in the City's and Agency's contributions to the Chamber. Some of the work completed by the Chamber as part of the agreement included: production of a City Street Map and Lifestyle Magazine; promotion of tourism opportunities; hosting special events such as the Annual Business Appreciation Week and Golf Tournament, Grape Harvest Festival, and Business Expo; and providing a number of business development and assistance programs. This past year the state of California dissolved all 400+ redevelopment agencies in California as part of its efforts to address the state budget deficit. The City is in the process of winding-down the affairs of its former redevelopment agency, and as such, some contracts and agreements between the former Agency and other parties have had to be terminated. The City and former Agency's current agreement with the Chamber, which was paid with redevelopment funding, was placed on the Recognized Obligations Payment Schedule CROPS), and approved by the local oversight board, however the State Department of Finance (DOF) has rejected the Chamber contract as an enforceable obligation as defined in AB X1 26, the legislation that dissolved redevelopment agencies. Thus, the current agreement between the City, former Agency, and the Chamber will end on June 30, 2012. The new agreement is between the City and the Chamber in order to continue a number of economic development related services and products. Because the DOF has rejected the agreement on the ROPS, the new agreement will be funded entirely from the City's General Fund rather than redevelopment funding. The agreement provides for payments to the Chamber not to exceed $38,000 annually, which is substantially lower than the previous agreement of $59,000. In exchange, the Chamber will continue to provide various economic development services to the community per the agreement's Scope of Services. This includes, among others: P57 APPRO\'~\1. OF PROFESSIONAL. S13RVICGS t~GRGIiMIN'r BETW1313N CITY O1~ lU\NCIiO CUC~\b10NGA PAGE 2 ANll RANCHO CUC.AMONG.A CI-IAMHIiR OF COb1b1ERCE I~OR ECONO<vflC DI~A'C,1.ON<,1BN'P $P,RVICES UN73 20, 2012 • Biannual publication of the Rancho Cucamonga Lifestyle Magazine • Promote tourism opportunities in the City • Work cooperatively with the City on marketing the region and business opportunities in Rancho Cucamonga • Promote regional import/export business activities, including providing businesses with Certificates of Origin used for international trade • Coordinate and host the Business Appreciation Golf Tournament and Reception • Coordinate and promote the Grape Harvest Festival on an annual basis • Host the Business Expo on an annual basis • Provide networking opportunities for businesses such as the weekly Business Connection Network meetings • Participate in and promote workshops and classes on entrepreneurship, leadership, and other topics of interest to the business community. The term of this agreement begins July 1, 2012 and is in effect until terminated by either party with a 30-day termination notice. Funding for these services is budgeted in the FY 2012-13 General Fund Budget. It is recommended that the City Council approve the attached agreement with the Rancho Cucamonga Chamber of Commerce in an annual amount of $38,000 for Economic Development services. Respectfully, ,\ Fabian A. Villenas, Principal Management Analyst City Manager's Office Attachment: Professional Services Agreement P58 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 21 st day of June, 2012, by and behveen the City of Rancho Cucamonga, a municipal corporation ("City") and Rancho Cucamonga Chamber of Commerce, a Califomia corporation ("Contractor"). RECITALS A. City has heretofore issued its request for proposals to perform the following professional sernces: Economic Development ("the Project"). B. Contractor has submitted a proposal to perform the professional services described in Recital "A", above, necessary to complete the Project. C. City desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of Califomia to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. 1.1 Scone and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Contractor to perform all technical and professional services described in Recitals "A" and "B" above, including, but not limited to Economic Development, all as more fully set forth in the Contractor's proposal, dated June 1, 20]2 and entitled "Scope of Work", attached hereto as Exhibit "A", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor aze set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scooe of Work. Upon request of the City, the Contractor will promptly meet with City staff to discuss any revisions to the Project desired by the City. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor's compensation based thereon. A revision pursuant to PSA +rilhou! Profrsmonu/ L+a6d+N lusur ana' Pogr / Las+Rrvurd 04//6/?ll/1 P59 this Section that does not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's City Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standazds for professional skill and caze, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "N/A". 1.4 Standazd of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standazds m performing the Services. 1.5 Familiariri with Services. By executing this Agreement, Contractor represents that, to the extent required by the standazd of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under [iris Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City Representative. 2. Term of Agreement. The Agreement term shall be for one (1) year to become effective upon mutual execution by way of signature of this Agreement by both parties (the "Effective Date"), and issuance of a Purchase Order, no work shall be conducted, service or goods provided until both of the above mentioned requirements are fulfilled, with an option to renew in one (1) yeaz increments to total three (3) years, unless sooner terminated as provided in Section 15 herein. Options to renew aze contingent upon City Manager approval, subject to pricing review, and in accordance to all Temts and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. 3.1 Comnensation. Ctty shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $38,000.00 annually (Thirty-eight thousand dollars ), including all out of pocket expenses, unless additional compensation is approved by the City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet sahsfactorily performed. PSA u~rth°m Pmfess~mml LmbJur Inmrance Page? Los! Xericrd 04/16/_'0!? P60 The parties further agree that compensation may be adjusted in accordance with Section 1? to reflect subsequent changes to the Scope of Services. City shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. Al] invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 Clty shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendaz days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. 4.4 All records, invoices, time cazds, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Reoresentative. For the purposes of this Agreement, the contract administrator and City's representahve shall be Assistant City Manager, or such other person as designated in writing by the City ("City Representative"). It shall be Contractor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Contractor Renresentative. For the purposes of this Agreement, CEO/President is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Contractor's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Contractor's Rcpresentative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the scrviccs hereunder. Contractor may not change the Responsible Pnncipal without the prior written approval of Ctty. PS4 wJiou~ Profrssianal GaL~hm b~:urm~n' Page 3 Lasl Re~ucd 04/IR~101? P61 6. Contractm•'s Personnel. 6.1 All Services shall be performed by Contractor or under Contractor's d/rect supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City's Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 7 below. 6.3 Contractor shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city or agency officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's violations of personnel practices and/or any violation of the Califomia Labor Code. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Sechon 6. 7. Standard of Performance. Contractor shall perform all services to all customary and applicable professional standards, in compliance with any and all applicable laws, statutes and regulations, and in a manner reasonably satisfactory to City. 8. Ovvmership of Work Product. 8.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other wntings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product"), are considered to be "works made for hire" for the benefit of the City. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Bas/c survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by PSA muhmrt Pmfesslonal Lrablbrv Imuroare Pogo J Lav Rerlsed ~ 04/I h?017 P62 Contractor. In the event of the retum of any of the Work Product to Contractor or its representative; Contractor shall be responsible for its safe return to City. Under no circumstances shall Contractor tail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Contractor and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City's reuse of the Work Product for any purpose other than the Project, shall be at City's sole risk. 8.2. Assienment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Seaton 8.1, above, the Contractor shall be deemed to grant and assign to City, and shall require al] of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 83 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer softwaze, used in the rendenng of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the Tole of city officials, harmless from any loss, claim or liability in any way related to a claim that City's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests to products or inventions. Contractor shall beaz all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for Ctty; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement. 9. Status as Independent Contractor. Contractor ts, and shall at all times remain as to Ctty, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall PSA rr rthau! Profesvona/ GobrLm Lmrruna' Pagc 5 Lan Rzr,ted: !14/1NIUII P63 not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regazding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 9. 10. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 11. Conflict of Interest. 11.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 11.2 Contractor further represents that it has not employed or retained any person or entity, other than a born fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or PSA mrthon( Prufesrional Ga6i/ur Ins,vai~ee Page 6 Loa! Rei~ited. I14R6/?017 P64 to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift 11.3 Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "wnflict of interest" under applicable laws as described in subsection 11.1. 12. Indemnification. 12.1 Professional Services. In the connection with its professional serv/ces, the Contractor shall hold harmless and indemnify City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of city or agency officials, (collectively, "Indemnitees"), with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to liability for death or injury to any person and injury to any property, to the extent the same out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of its professional services under this Agreement. Contractor shall reimburse all reasonable defense costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. 12.2 Other Indemnities. In connection with all Claims not covered by Section 12.1, the Contractor shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the non-professional acts, omissions, activities or operations of Contractor or any of its officers, employees, subwntractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense 12.3 Nonwaiver of Riehts. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 12.4 Waiver of It/eht of Subro ae tion. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activihes or operations performed by or on behalf of the Contractor. P5d uiUmul Prafessiorral Lmb+Ln• Innvm¢c page ~ Last Rer~sed~ 04/Ih/?0/? P65 12.5 Survival. The provisions of this Sechon 12 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Lndemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 13. Insurance. 13.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees and subcontractors. 13.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (]) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office forrn number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. 13.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply sepazately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Ltability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 13.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. PSA n•uAm!! Profesvonal Ga6iLlr Irmuar~e Page S Lasl Revised OJ/Ih/10R P66 ]3.5 Other lnsuranec Provisions. (1) The general liability and automobile liability policies aze to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor, and/or automobiles owned, ]eased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of nrotection afforded to City, its officers, officials, emnloyees, designated volunteers or dents servine as independent contractors in the role of City or aeenev officials which aze not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor's insurance coverage (except Professional Liability and Workers' Compensation) shall be prunary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self- insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Contractor's insurance and shall not contribute with it. (3) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (]0) days prior written notice for non-payment of premium). Contractor shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. (5) Each insurance policy, except for the professional liability policy, required by th(s clause shall expressly waive the insurer's right of subrogation against City and its elected PSA uuhmn Profermwml Lmb~hm G¢uraucr Pagr 9 La.r/Reracd. (N//fin0/? P67 officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. (6) Be issued by an insurance company approved in venting by City, which is admitted and licensed to do business m the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 13.6 Evidence of coveraee.Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the requu•ed policies of insurance prior to the expiration of any required policies of insurance. 14. Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City might require. City shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 15. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City exercises its right to terminate this Agreement, City shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor Is not then in breach of this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. PS7 u•rthout Prafrsswnol Liubilib• buurm~r<' Pagr l0 Lasl Rrrisrd: 04/1640/? P68 Contractor may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 16. Notices. Any notices; bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be addressed as follows: If to City: Linda Daniels, Assistant City Manager City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 9] 729 If to Contractor: Michelle Alonzo, PresidenUCEO ,Principal Rancho Cucamonga Chamber of Commerce 9047 Arrow Route, Suite 180 Rancho Cucamonga, CA 91730 17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, manta] status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 18. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor's obligations hereunder without City's prior written consent. Except as provided herein, any attempt by Contractor to so assigm, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. PSd u•+ihom Profesmonul Lmbdm• /+m+mnce pip / / Lasl Re+vsed • O4gl./?Ol? P69 19 Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 20. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall m no way impair or prejudice any right or remedy available to City with regazd to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs of experts. 22 Exhibits; Precedence. All documents referenced as exhibits in this Agreement aze hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 23. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 24. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 25. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. PSA m~tl~mtl Prafesvunol L(ubdgP Insurance pngi. ~ ~ LOST Rrrisrd 04g6/?01? P70 fN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Consultant Name: Rancho Cucamonga City of Rancho Cucamonga Chamber of Commerce By: Name Date Name Date Title Title City of Rancho Cucamonga By: By: Name Date Name Date Title Title (two signatures required if corporation) PSA uvdmnt Professmnol L~abd~m Insurance Page /3 Lasl Reriscd 04Qfi/?0/: P71 EXHIBIT "A" SCOPE OF SERVICES Section 1. Rancho Cucamonoa Lifestvle Maoazine: A) The Chamber will, at its own cost as expressly provided herein, design, print and distribute to businesses and organizations, both within and outside of the City, the Lifestyle Magazine to assist in the promotion and enhancement of tourism activities in Rancho Cucamonga. The quality, content and distribution method shall be consistent with the terms of this Scope of Services. The City will be considered a major sponsor of this publication and will receive all of the benefits and incentives that are afforded to all other sponsors of equal value. 1) The Lifestyle Magazine will be published for distribution in October 2013. It is anticipated that it will be published every two years thereafter. 2) A total of 10,000 copies will be printed bi-annually. 3) The Lifestyle Magazine will be 8'/2" x 11", full color, and cover printed on eighty (130) pound coated cover stock. 4) The publication shall have editorial features with information on area history, recreation opportunities and places to visit while in Rancho Cucamonga. Tasteful and informative advertisements will be provided by businesses and organizations including educational institutions, industrial firms, health care providers and churches, to name a few. 5) The publication shall contain a membership directory formatted alphabetically by business category. 6) As agreed and approved by the City, the Publisher may solicit advertisers that are Chamber members as well as businesses physically located in Rancho Cucamonga. 7) Local printing firms shall be given the opportunity to bid on the printing of the publication, subject to meeting the Publisher's quality standards. All bids must be less than or equal to Publisher's current verifiable print cost, including shipping to the Chamber, to be considered. 8) In conjunction with the printed publication, the Publisher shall include a publication website, downloadable eBook and Mobile Membership Directory programs. 9) The Chamber will provide a hyperlink to the publication on its website. 10) The Chamber will distribute the Lifestyle Magazine at targeted distribution points including, but not limited to: Hotels, libraries, Victoria Gardens Cultural Center, Epicenter Stadium, City Hall, wineries, Ontario International Airport, Victoria Gardens Regional Center, Citizens Business P72 Bank Arena, Auto Club Speedway, California Welcome Center, various real estate offices, car dealerships, General Chamber Members and Legislative Offices, and other locations in the City and greater area that attract a regional draw. B) The City will contract with the Chamber for Twenty Five Thousand Dollars ($25,000) annually to complete the Lifestyle Magazine as described, to be disbursed as follows: Two Thousand Eighty-Three Dollars and Thirty-Three Cents ($2,083.33) each month to the Chamber beginning July 15`h and continuing to May 15~', and Two Thousand Eighty-Three Dollars and Thirty- Seven Cents ($2,083.37) to the Chamber on June 15~'. Payment is to be made on the 15`h of each month following execution of this Agreement. Any and all additional costs associated with the production and distribution of the L'rfestyle Magazine will be the sole responsibility of the Chamber. Any remaining funds not used for the production of the Lifestyle Magazine will be allocated toward the cost associated with the implementation of the General Economic Development Services as described herein. Section 2. General Economic Development Services: A) The Chamber will provide the following services to the City in furtherance of the overall intent of this Agreement: 1) Provide a Business Resource Team to support the City when called upon to meet with prospective companies and answer questions about business opportunities in Rancho Cucamonga from a business standpoint; 2) Provide the City with information on contacts made with the Chamber by prospective businesses interested in Rancho Cucamonga; 3) Provide relocation information to prospective businesses interested in locating their business in Rancho Cucamonga; 4) Work cooperatively with the City on marketing the region; 5) Provide City with reproducible copies of Chamber's marketing and promotional materials; 6) The City may submit articles to the Chamber for incorporation into appropriate printed, electronic, or online materials or other information prepared by the Chamber. The Chamber shall retain the authority to edit, condense or defer such materials as it deems necessary to insure the appropriateness of the material for a Chamber publication; 7) Provide meeting and work space for the City's Small Business Development Representative, to include use of Chamber's support equipment and assistance as may be necessary to facilitate operations Page 2 of 4 P73 (i.e., telephone, fax, copy machine, desk, chairs, etc.). Space provided will allow for a confidential environment for meetings and phone conversations; 8) Compile quarterly status tracking reports on implementation of the Agreement from the Chamber's perspective; and 9) Participate in quarterly Tourism Partner meetings and continue to promote tourism opportunities within the community. B) The City will be recognized as a Business Member of the Chamber. In addition, the City Council and the City Manager are recognized as Business Members of the Chamber. The City shall designate one of its Business Members as its representative in terms of exercising all privileges outlined in the Chamber Bylaws as a Business Member. Additionally, Department Heads or other key City staff member who frequently interact with the Chamber will be recognized as Associate Members. C) The Chamber may submit articles to the City for incorporation into appropriate printed materials or other information prepared by the City. The City shall retain the authority to edit, condense, or defer such materials as it deems necessary to insure the appropriateness of the material for a community publication. D) Annual Business Aopreciation Week/Golf Tournament: The Chamber will, at its own cost, design, promote, administer and conduct a Golf Tournament and Business Appreciation Post-Tournament Reception during the month of May of each year. The golf tournament and reception date will be mutually agreed to by the Chamber and City. In addition to inviting local businesses, the City may request invitations be sent by the Chamber to individuals and organizations which would add value to the event and further demonstrates appreciation towards businesses. 1) The City will be promoted as a co-sponsor of this event. The City will be listed as a co-sponsor for the event on all promotional material. The City will receive all of the benefits and incentives that are afforded to all other sponsors of similar level. 2) The Chamber may solicit and accept additional tournament sponsorships to provide additional resources for conducting this event. E) The Chamber shall provide the following Special Event and Business Networking services to the City: 1) The Chamber will, at its own cost, design, promote, administer and conduct the Grape Harvest Festival on an annual basis. This special Page 3 of 4 P74 event serves as a celebration of the history and cultural heritage of Rancho Cucamonga. The Chamber shall provide three booth spaces and parking passes to the City at each annual Grape Harvest Festival; 2) The Chamber shall provide an entry in the City's Founder's Day parade and participate on the judging panel for the parade; 3) The Chamber will coordinate one Business Expo event annually and solicit local business participation. The Chamber will coordinate all pre and post-Business Expo publicity, set-ups and take-downs of booth areas, and install all appropriate Business Expo signage at the event. The City will be able to use, at no cost, as many booth spaces as are deemed necessary by the City in order to promote municipal services to the community; 4) Business Connection Network meetings once per week providing its members an opportunity to network and promote business opportunities; and 5) The City will be considered a major sponsor of the Grape Harvest Festival and Business Expo and will receive recognition as such on all pre and post marketing materials developed by the Chamber. F) The Chamber will participate in and promote business development/support events and workshops, including but not limited to: 1) Workshops designed to support local businesses and expand economic growth to be provided on a quarterly basis (four meetings per year); 2) Community Job Fairs that brings local employers and job seekers together; and 3) Educational classes and workshops on entrepreneurship, leadership, and other topics of interest to the business community. G) Actively participate in regional efforts to promote and expand import/export business activities, including providing businesses with Certificates of Origin used for international trade. H) The City will contract with the Chamber for Thirteen Thousand Dollars ($13,000) annually for services as described, to be disbursed•as follows• One Thousand and Eighty-Three Dollars and Thirty-Three Cents ($1083.33 each month to the Chamber beginning July 15`h and continuing to May 15` ,and One Thousand and Eighty-Three Dollars and Thirty-Seven Cents ($1,083.37) to the Chamber on June 15"'. Page 4 of 4 P75 ADDENDUM NO. 1 to Professional Services Agreement Whereas Rancho Cucamonga Chamber of Commerce and the City of Rancho Cucamonga (hereinafter the "City") intend to enter into a Professional Services Agreement (hereinafter "Agreement"), and Whereas: City of Rancho Cucamonga has identified the following exceptions to the Agreement; Section 2 is replaced in its entirety with the following: The City and Contractor recognize the long-term nature of this Agreement for Economic Development. The Agreement shall commence on July 1, 2012 and shall be in full force and affect until terminated by either party per the provisions of Section 15: Section 15 is replaced in its entirety with the following: The Agreement can be terminated by either party, without cause, by giving written notice of intention to terminate to the other party not less than thirty (30) days prior to the effective date of termination. Upon such termination, Contractor shall be entitled only to payment up to the date of termination, prorated if necessary, on a thirty (30) day month basis. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. Now therefore: Rancho Cucamonga Chamber of Commerce and the City desire to incorporate the above exceptions to the attached Professional Services Agreement. Please indicate your agreement by way of signature to this Addendum No. l and the attached Professional Services Agreement. Please return two (2) original signed copies to the City no later than June 11, 2012. The City will process for signature and provide Raucho Cucamonga Chamber of Commerce with one (1) fully executed copy of the Professional Services Agreement and Addendum No. 1. PSA wi(hour Professional LiaAifin• /murance Poge /6 fgsl Re~~ised: Ib/I6/?Ol? P76 Consultant Name: Rancho Cucamonga Chamber of Commerce sy: Name Date Title By: Name Date Title (two signatures required if corporation) City of Rancho Cucamonga By: Name Title City of Rancho Cucamonga By: Name Title Date Date PSA without Professional Liability Insurance Page /7 Last Revised: 04//6/1012 P77 Attachment A -Sample Waiver of Subrogation (Sample Onlv -Not all forms will look identical to this Samnlel a TRAVELERS) POLICY NUMBER: WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 0003 t] (00)-Ot WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have Iha right to recover our payments Irom anyone liable for en In)ury cpveretl by this policy. We will not anlorce our right agalns[ the person or orgenizellOn named in the 6chadui0. (This agraomam applies only to the eMent Thal you perform worN untler a written contract that requires you to obtain Ihi6 agreement Irom us.) This agreement shall not operate tllreclly or Intllrectly to benefit any one not named In the Schedule. SCNEOULE DESIGNATED PEflBON: DESIGNATED OflGAN RATION: P89 Irilhoul Profesrianal Liabilin• bmrrmrre Pagr 18 /~.rl Revised: lA1/Ih/?0l2 - P78 Attachment B -Sample Additional Insured for On-going Projects POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 70 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endarsemenl modifies Insurance provided under the lollowing: COMMERCIAL GENERAL UABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) A. Section 11 -Who Is An Insured Is amended to InUude as an addlUOnal insured the person(s) or orgenlzetlan(s) shown In the Schedule, but only with respect to liability for'bodlly Injury', 'property damage" or 'personal and etlveNsing In)ury' causetl, in whole or In pan, 6y: 1. Your acts oramisslons; ar 2. The acts or omissions of (hose ecling an your 6ehell; in the pertornence of your ongoing operations tar the additional Insureds) at the locahon(s) tlesig- naledabove. CG 20 10 D7 04 8. With respect tp the Insurance afforded to Ihase additional insureds, the fopowing additional exGu~ stony apply: This Insurance does not apply to "bodiy mjuly or "property damage" occumng ewer. T. All vrork, Including nudenels, parts ar equip- ment fumished In connection with such work, an the project (other Uan service, maintenance or repairs) W be performed by or on behalf of the addigonal insureds) el the location of the covered operahons has bean completetl; er 2. Thal potion of "your wont' out of which the injury a damage arises has been put b its in- Iellded use by any person or organlmfion eUer than another contrador or subwntreclor en- gaged In pertorning operations far a pdncipal as a pan of the same project ®ISC Properties, Inc„ 2004 Page t of 1 O PSA rrilhord Professional Liabi(im lruuranee Pagr (p Last Rerised: lFfl/Id/?01? STAFF REPORT CONIMUNITY SERVICES DEP~IRTMENT Date: June 20, 2012 To: Mayor and Members of the City Council John R. Gillison, City Manager From:' Nettie Nielsen, Community Services Director By: Karen McGuire-Emery, Senior Park Plariner RANCHO ~UCAMONGA Subject: ACCEPT THE VICTORIA GARDENS CULTURAL CENTER LED SIGN PROJECT, CONTRACT NO. 12-017 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND, AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $51,590.00' It is recommended that the City Council accept the Victoria Gardens Cultural Center LED Sign Project, Contract No. 12-017, as complete, authorize the City Engineer to file a Notice of Completion, release the Faithful Performance Bond, accept a Maintenance Bond, authorize the release of the Labor and Materials Bond in the amount of $52,940.00 six months after the recordation of said notice if no claims have been received. Also, approve the final contract amount of $51,590.00. BACKGROUNDIANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Victoria Gardens Cultural Center LED Sign Project improvements scope of work consisted of the building improvements necessary to install the new LED sign. Pertinent information of the project is as follows: - Account Numbers: - City Council Approval to Advertise: - Publish dates for local paper: - Bid Opening: - Contract Award Date: - Low Bidder: - Contract Amount: - 10% Contingency: - Final Contract Amount: - Difference in Contract Amount: 1615303-5650/ 1782615-6314 November 16, 2011 January 10 and 17, 2012 February 14, 2012 March 21, 2012 Fortex Construction, Inc. $52,940.00 $5,294.00 $51,590.00 $(-1,350.00) (-2.61%) P79 P80 CITY COUNCIL STAFF REPORT Re: VICTORIA GARDENS CULTURAL CENTER LED SIGN PROJECT June 20, 2012 Page 2 The net decrease in the total cost of the project is a result of one (1) Contract Change Order. The notable change that was significant to the decrease of the Contract amount was the result of not installing the black-out window film on the windows behind the new LED sign. Respectfully submitted, ~~ ~ l~ 1 G~ S 1~- Nettie Nielsen Community Services Director Attachment P81 RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA P.O. Box 807 Rancho Cucamonga, California 91729 WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P.O. Box 807 Rancho Cucamonga, California 91729 Exempt from recording fees pursuant to Govt. Code Sec. 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: All public rights-of-way within boundaries of Contract No. 12-017 2. The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 10500 CIVIC CENTER DRIVE, P.O. BOX 807, RANCHO CUCAMONGA, CALIFORNIA 91730. 3. On June 20, 2012 there was completed in the hereinafter described real property the work of improvement set forth in the contract documents for: Victoria Gardens Cultural Center LED Sign Project APN #022752-35 4. The name of the original contractor for the work of improvement as a whole was: Fortex Construction, Inc 5. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: Victoria Gardens Cultural Center LED Sign Project CITY OF RANCHO CUCAMONGA, a Municipal Corporation, Owner Mark A. Steuer Director of Engineering Services/City Engineer P82 RESOLUTION NO. iz-os2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA; CALIFORNIA, ACCEPTING THE VICTORIA GARDENS CULTURAL CENTER LED SIGN PROJECT CONTRACT NO. 12-017 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Victoria Gardens Cultural Center LED Sign Project, Contract No. 12-017, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the CITY COUNCIL of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. P83 STAFF REPORT ENGINEERING SERVICES DEP.{R'I1~1ENT Date: June 20, 2012 To: From: By: Subject Mayor and Members of the City Council John R.. Gillison, City Manager RANCHO C,UCAMONGA Mark A. Steuer, Director of Engineerin Services/City Engineer Jerry A. Dyer, Senior Civil Engineer APPROVAL OF A RESOLUTION O HE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR THE EXPENDITURE OF MEASURE "I" FUNDS COVERING FISCAL YEARS 2011/2016 RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the amended Local Measure "I" Five-Year Capital Improvement Program for the expenditure of Measure "I" funds covering fiscal years 2011/2016 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. Also, each local jurisdiction is required to amend the program to adjust for changes as they become apparent. 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 Five-Year list has been over-programmed to allow for spillage and to insure that the adopted plan contains ample projects for Measure "I" expenditures. In addition, no more than 50% of the estimated annual revenue went to categorical expenditures in the plan or general program categories. A general program category is a program of work without any indentified streets/locations. If changes are necessary (additions or deletions), the plan may be altered at each annual adoption or intermittently with City Council approval. Respectfully submitted, ---_-~- Mark A. Steuer Director of Engineering Services/City Engineer MAS/JAD:Is Attachment P84 0 ti Y1ILLBIDE O ~ IL50 AVE WI AVE WIC ~ BA N T a ^ ^ BANY BT w ~~~~ ~ ~ ~ N ~ (~I T Q ~ ~`r' \ Q ~ ~ V U ~{ u ~ ~ ~ ~~~ ~ z ~ VICTORI P RK a ~ O~~P BASE INE R ~ w ~ w ~ j U Q o HURC ST R ~ ~ a > "' ~ J d ~ CFO THILL BLVD ~ ¢ ~ THI LVD ~ 66 ® ^ > w w ~ ^ ~ ~ 10500 OI CENTER ~~ G ~ ARROW RO w ~ a > < a m ~~ ~ m '~' BNBF RR ? METROLINK R n 8TH ST z ^ ^ ~ M ~ > 6TH 5T ~ 6TH 5T z w > v ` = 4TH ST ~ ONTARIO CITY LIMIT CITY OF RANCHO CUCAMONGA VICINITY MAP NTS P85 RESOLUTION NO. 12-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL YEARS 2011/2016 FOR THE EXPENDITURE OF MEASURE "I" 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 cone-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 local jurisdiction annually adopt and update its Capital Improvement Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, State of California, hereby adopts the amended Measure "I" Five-Year Capital Improvement Program, a copy of which is attached to this resolution. 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L ' c L co c`a °- ? ~ o a~ m co otS I ~ •3 ~ U ~ c o' ~ a~i ~'U Q ~ ~, o ~ a~i U j ~ ~ o w ~ ~W c °~ c oU ~a y c oU ~'~ c o;U w o ~ m ~ ~ a~ U ', rn o ~ ~ ° a~ U ~ ~ ° ' ° ~ a~ U rn m ~ W U ~~ ~ c ~ ~ •c U ~ ~ E ~ •c (A U ~ r ~ ~ •c ~ ~ Q o E c>> c a' Q~ ~~~ c a t Q c o> c aQ c cn _¢_¢ U U = a. cn cn .Q.Q.v.=.a ~.~. __~_Q_v." a u~ ~n-~ -- ~ I U I ~ ~ - - I v, ~ 1 I i ' Q r r ' - w r, v ~ } r ° r N M~ to CO ~ 00 r N M~ u7 CO I~ r N M~ N O~ M Z N O N N N N O N a~ rn N W P88 STAFF REPORT ENGINEERING SERVICES DEPARTMENT RANCHO Date: June 20, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineerin Services/City Engineer By: Jerry A. Dyer, Senior Civil Engineer Subject: APPROVAL OF A RESOLUTIO RENEWING THE PROFESSIONAL SERVICES AGREEMENTS WITH NO FEE INCREASE AND CONSISTENT WITH THE ORIGINAL COMPETITIVE BID PROCESS FOR NINYO & MOORE, SALEM ENGINEERING GROUP, INC. AND LEIGHTON CONSULTING, INC. FOR ANNUAL SOILS AND MATERIALS TESTING SERVICES FOR FY 2012/2013, FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY, TO BE FUNDED FROM VARIOUS INDIVIDUAL PROJECT ACCOUNTS AS APPROVED IN THE FY 2012/2013 BUDGET RECOMMENDATION It is recommended that the City Council approve the attached resolution renewing the Professional Services Agreements with Ninyo & Moore, Salem Engineering Group, Inc. and Leighton Consulting, Inc. for annual soils and materials testing services for FY 2012/2013, for proposed capital improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2012/2013 Budget. BACKGROUND/ANALYSIS Ninyo & Moore, Salem Engineering Group and Leighton Consulting have been providing soils and materials testing services for the City the past fiscal year. All three consultants are currently operating under agreements that were approved by City Council in FY 2010/2011 and renewed last fiscal year. The agreements allow for an option to renew annually up to an additional two years after review of fees and mutual agreement of both parties, with this being the second and final renewal year. However, due to the economic condition facing the City and State, at least for the upcoming fiscal year 2012/2013, no increase in the "Schedule of Fees" will occur with this renewal. These three consultants have been contacted and all three have indicated their willingness to continue providing soils & material testing services for fiscal year 2012/2013 with no fee increase. Individual capital improvement projects requiring soils & materials testing services will be awarded on a rotating basis between the consulting firms and upon consultant availability. However, because the consulting firms have other clients other than the City and may not be available from time to time, having multiple firms under contract allows the City flexibility in awarding services. Services will be on a time and materials basis in accordance with the schedule of fees and type of project. Because each individual project testing requirement and cost will vary dependent on the work required, a proposal will be requested from the consultant along with an estimated cost. At P89 CITY COUNCIL STAFF REPORT PAGE 2 Re: Approve Renewal of Professional Services Agreements to provide Annual Soils & Materials Testing Services for FY 2012/2013 June 20, 2012 that time a requisition will be processed for the services using the account number(s) for the individual project. The total cost for soils and material testing services for each individual project will not exceed the budgeted amount, unless authorized by the City Council. Respectfully submitted, .~~,... M Director of Engineering Services/City Engineer MAS/JAD:Is Attachment P90 RESOLUTION NO. 12-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF AGREEMENTS WITH NINYO & MOORE, SALEM ENGINEERING GROUP, INC. AND LEIGHTON CONSULTING, INC. FOR ANNUAL SOILS AND MATERIALS TESTING SERVICES FOR FY 2012/2013 FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY WHEREAS, Ninyo & Moore, Salem Engineering Group, Inc. and Leighton Consulting, Inc„ Contract No. 10-077, 10-078 and 10-079, respectively, were approved by City Council in Fiscal Year 2010/2011 and renewed last fiscal year; and WHEREAS, the contracts may be extended for additional one-year periods, up to an additional two years, with mutual agreement of both parties; and WHEREAS, this is the second and final renewal year; and WHEREAS, Ninyo & Moore, Salem Engineering Group, Inc. and Leighton Consulting, Inc., have requested renewal of their contracts; and WHEREAS, no fee increase will occur with this renewal, with the current Schedule of Fees" labeled Exhibit "C" within the Contracts to remain in effect for FY 2012/2013. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, hereby resolves that said contracts are hereby renewed with no fee increase, and the Mayor is authorized to sign this resolution. Resolution No. 12-084 -Page 1 P91 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: June 20, 2012 To: From: By: Subject: Mayor and Members of the City Council John R. Gillison, City Manager RANCHO C,UCAMONGA Mark A. Steuer, Director of Engineeri ices/City Engineer Jerry A. Dyer, Senior Civil Engineer APPROVAL OF A RESOLUTION RENEWING THE PROFESSIONAL SERVICES AGREEMENTS WITH NO FEE INCREASE AND CONSISTENT WITH THE ORIGINAL COMPETITIVE BID PROCESS FOR DAN GUERRA & ASSOCIATES, DAWSON SURVEYING,. INC., LEH & ASSOCIATES, WESTLAND GROUP, INC. AND CSD LAND SURVEYING, INC., FOR ANNUAL SURVEY SERVICES FOR FY 2012/2013, FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY, TO BE FUNDED FROM VARIOUS INDIVIDUAL PROJECT ACCOUNTS AS APPROVED IN THE FY 2012/2013 BUDGET RECOMMENDATION It is recommended that the City Council approve the attached resolution renewing the Professional Services Agreements with Dan Guerra & Associates, Dawson Surveying, Inc., LEH & Associates, Westland Group, Inc., and CSD Land Surveying, Inc., for annual survey services for FY 2012/2013, for proposed capital improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2012/2013 Budget. BACKGROUND/ANALYSIS Dan Guerra & Associates, Dawson Surveying, Inc., LEH & Associates, Westland Group, Inc., and CSD Land Surveying, Inc., have been providing survey services for the City the past fiscal year. All five consultants are currently operating under agreements that were approved by City Council in FY 2010/2011 and renewed last fiscal year. The agreements allow for an option to renew annually up to an additional two years after review of fees and mutual agreement of both parties, with this being the second and final renewal year. However, due to the economic condition facing the City and State, at least for the upcoming fiscal year 2012/2013, no increase in the "Schedule of Fees" will occur with this renewal. These five consultants have been contacted and all five have indicated their willingness to continue providing survey services for fiscal year 2012/2013 with no fee increase. Individual capital improvement projects requiring survey services will be awarded on a rotating basis between the consulting firms and upon consultant availability. However, because the consulting firms have other clients other than the City and may not be available from time to time, having multiple firms under contract allows the City flexibility in awarding services. Design Survey services shall be based on a fixed fee total with a cost breakdown for each survey requested and Construction Survey services will be on a time and materials basis in accordance P92 CITY COUNCIL STAFF REPORT PAGE 2 Re: Approve Renewal of Professional Services Agreements to provide Annual Survey Services for FY 2012/2013 June 20, 2012 with the "Schedule of Fees" and type of project. Because each individual project survey requirement and cost will vary dependent on the work required, a proposal will be requested from the consulting firm with either a fixed fee total or estimated cost. At that time a requisition will be processed for the services using the account number(s) for the individual project. The total cost for survey service for each individual project will not exceed the budgeted amount, unless authorized by the City Council. Respectfully submitted, ,, Ma r Director of Engineering Services/City Engineer MAS/JAD:Is Attachment P93 RESOLUTION NO. 12-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF AGREEMENTS WITH DAN GUERRA & ASSOCIATES, DAWSON SURVEYING, INC., LEH & ASSOCIATES, WESTIAND GROUP, INC. AND CSD LAND SURVEYING INC., FOR ANNUAL SURVEY SERVICES FOR FY 2012/2013 FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY WHEREAS, Dan Guerra & Associates, Dawson Surveying, Inc., LEH & Associates, Westland Group, Inc., and CSD Land Surveying, Inc., Contract No. 10-080, 10- 082, 10-083, 10-084 and 11-025, respectively, were approved by City Council in Fiscal Year 2010/2011 and renewed last fiscal year; and WHEREAS, the contracts may be extended for additional one-year periods, up to an additional two years, with mutual agreement of both parties; and WHEREAS, this is the second and final renewal year; and WHEREAS, Dan Guerra & Associates, Dawson Surveying, Inc., LEH & Associates, Westland Group, Inc., and CSD Land Surveying, Inc., have requested renewal of their contracts; and WHEREAS, no fee increase will occur with this renewal, with the current Schedule of Fees' labeled Exhibit "C" within the Contracts to remain in effect for FY 2012/2013. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, hereby resolves that said contracts are hereby renewed with no fee increase, and the Mayor is authorized to sign this resolution. Resolution No. 12-085 -Page 1 P94 STAFF REPORT ENGINEERING SERVICES DEPdRTMENP Date: June 20, 2012 To: .From: By: Subject: Mayor and Members of the City Council John R. Gillison, City Manager RANCHO C,UCAMONGA Mark A. Steuer, Director of Engineeri g Services/City Engineer Jerry A. Dyer, Senior Civil Enginee APPROVAL OF A RESOLUTION RENEWING THE PROFESSIONAL SERVICES AGREEMENT WITH NO FEE INCREASE AND CONSISTENT WITH THE ORIGINAL COMPETITIVE BID PROCESS FOR AUFBAU CORPORATION FOR PROVIDING ANNUAL CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES FOR FY 2012/2013, FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY, TO BE FUNDED FROM VARIOUS INDIVIDUAL PROJECT ACCOUNTS AS APPROVED IN THE FY 2012/2013 BUDGET It is recommended that the City Council approve the attached resolution renewing the Professional Services Agreement with Aufbau Corporation for providing annual construction inspection and engineering support services for FY 2012/2013, for proposed capital improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2012/2013 Budget. BACKGROUND/ANALYSIS Aufbau has provided construction inspection and engineering support services for the City the past fiscal year and many years prior. Aufbau is currently operating under an agreement approved by City Council in FY 2010/2011 and renewed last fiscal year. The agreement allows for an option to renew annually up to an additional two years after review of fees and mutual agreement of both parties, with this being the second and final renewal year. However, due to the economic condition facing the City and State, at least for the upcoming fiscal year 2012/2013, no increase in the "Schedule of Fees" will occur with this renewal. Aufbau has indicated their willingness to continue providing services for fiscal year 2012/2013 with no fee increase. Due to the workload for inspection services, it is necessary to utilize contract consulting services. In addition, engineering support services such as plan checking, submittal review, structural calculations, etc. is needed from time to time depending on the complexity of the project. For either service, an estimate will be made and a requisition will be processed for the services using the account number(s) for the individual project. The total cost for inspection or construction support service for each individual project will not exceed the budgeted amount, unless authorized by the City Council. Resp bmitted, /`~„L M e Director of Engineering Services/City Engineer P95 RESOLUTION NO. 12-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF AGREEMENT WITH AUFBAU CORPORATION FOR PROVIDING ANNUAL CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES FOR FY 2012/2013 FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY WHEREAS, Aufbau Corporation, Contract No. 10-076, was approved by City Council in Fiscal Year 2010/2011 and renewed last fiscal year; and WHEREAS, the contract may be extended for additional one-year periods, up to an additional two years, with mutual agreement of both parties; and WHEREAS, this is the second and final renewal year; and WHEREAS, Aufbau Corporation has requested renewal of their contract; and WHEREAS, no fee increase will occur with this renewal, with the current "Schedule of Fees" labeled Exhibit "C" within the Contract to remain in effect for FY 2012/2013. NOW, THEREFORE,- the City Council of the City of Rancho Cucamonga, California, hereby resolves that said contract is hereby renewed with no fee increase, and the Mayor is authorized to sign this resolution. Resolution No. 12-086 -Page 1 P96 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: June 20, 2012 RANCHO C,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Curt Billings, Associate Engineer ~ ~~ ~~w'Y'~,li,~•. Shelley Hayes, Assistant Engineer~L~ Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $146,411.00, TO THE LOWEST RESPONSIVE BIDDER, J.F. SHEA CONSTRUCTION INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $14,641.10, FOR THE REPLACEMENT OF PEDESTRIAN BRIDGE DECKS CROSSING OVER DEER CREEK CHANNEL TO BE FUNDED FROM INFRASTRUCTURE FUNDS, ACCOUNT NOS. 1198303-5650/1825198-0 AND 1198303-5650/1824198-0 It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $146,411.00, to the lowest responsive bidder, J.F. Shea Construction Inc., and authorize the expenditure of a 10% contingency in the amount of $14,641.10, for the Replacement of Pedestrian Bridge Decks Crossing over Deer Creek Channel to be funded from Infrastructure Funds, Account Nos. 1198303-5650/1825198-0 and 1198303-5650/1824198-0. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on June 5, 2012, for the subject project. The Engineer's estimate of $131,818.18 is lower than the bids received; however, based on the number of bids received (three) and the low bid being closer to the range of our estimate than the other two bids, staff finds the low bid reasonable and responsive. 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 removal of two wooden pedestrian bridges and replacing these with structural concrete pedestrian bridges and it is estimated that approximately two jobs will be generated in connection with this project. The contract documents call for forty-five (45) working days to complete this construction. Respectfully submitted, ~~~ r r Director of Engineering Services/City Engineer MAS/CB/SH:Is P97 VICINITY MAP REPLACEMENT OF PEDESTRIAN BRIDGE DECKS CROSSING OVER DEER CREEK CHANNEL Project Site L~ ~~~.~ ~ ... Almond Rd ~ ,r Hillside Rd-~---1-~ a v ~ a ~ > a m _ ~ ` > . a x. s Q ~ a, a ~ -" a' $ a lea w m ih ~ U. .a`.' ~ ~ ~ W WilsonAv ~~ o .' I rc v Banyan S4 19th St -~--i- V Base Line Rd:- Foothill BI . Arrow. Rt ~, 8th $t' 70 Freeway a' gth St o.. Q:, ~ ~ Q c e 9 a ~0 Q ~ _ € d d = !r5 ` ~ = Q x ~' 0 .210 Freeway Av ase Line Rd Foothil l`t31 Arrow Rt v ~~ i 4th St > a Q ~ v 10 Freeway Y ~ 3 S w P98 B[D SUMMARY FOR BID OPENING JUNE c, 2012 APPARENT LOW BIDDER ~ ~ Replacement of Pedestrian Bridge Decks Crossing over Deer Creek John S. Meek company O'Donnell Construction Channel ENGINEER'S ESTIMATE J.F. Shea Construction Inc Inc Inc Bridge A -North oC Base Llne Roed UNIT UNIT BID UNIT BID UNIT BID NT NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT COBT AMOUNT COST AMOU 1 LS Mobil 12011 On $5, 000.00 $5,000.00 $2,000.001 $2,000.00 $7,500.001 $7,500.00 $6,500.00 $6,500.00 1. 1 LS Trdf Eic Control (Pedestrian and 52000.00 $2,000.00 $800.001 $800.00 $1,190.001 $1,190.00 $800.00 $800.00 2, vehicular) 3. 1 LS SWPPP $4,000.001 $4,000.00 $1,200.00 $1,200.00 $3,000.00 $3,000.00 $1,500.001 $1,500.00 4. 1 LS Clearing & Grubbing $2,000.001 $2,000.00 $000.00 $400.00 $500.001 $500.00 $1,500.001 $1,500.00 1 LS Remove Bridge Girders, Deck, and Bridge $8,000.001 $8,000.00 $6,600.00) $6,600.00 $4,800.001 $x,800.00 $6,000.00 $6,000.00 5, F2nCing Bdr Re inf OrCing Steel (Bridge dnd $1 50 $4 626.00 $1.50 $4,626.00 $1.40 $4,317.60 $1.501 $4,626.00 F, 3,084 (F) LB Abutment) . , 12 (F) CY St ru Ctural COnCrete (Bridge and $g00. 00 $9,600.00 $1,600.00 $19,200.00 $2,600.00 $31,200.00 $3,400.00 $40,800.00 p , Abutment) 16 LF Joint Seal (Type A Seal; MR=1.5") $150.00 $2,400.00 $38.001 $608.00 $20.00 $320.00 $55.00 $680.00 g. 26 (F) CY Structural Excavation (Abutment) $30.00 $790.00 $20.00 $520.00 $08.00 $1,248.00 $x5.00 $1,170.00 F 26 (F) CY Structural Backfill (Abutment) $60.00 $1,560.00 $x0.00 $1,040.00 $78.00 $2,026.00 $80.00 $2,080.00 F 364 SF Remove 6" Thick P.C.C. Pavement $3.00 $1,092.00 $4.00 $1,456.00 $2.00 $728.00 $3.00 $1,092.00 11, 278 SF RemOVe 4" Thick A.C. Pavement $1.50 $417.00 $4.00 $1,112.00 $1.25 $347.50 $2.00 $556.00 12. 3 EA Remove Bollard and Foundation $I50. 00 $450.00 $158.00 $470.00 $1x0.00 $420.00 $130.00 $390.00 13. 6 EA RemOVe Chain Link Post dnd FOUnddt ion $100.00 $600.00 $62.00 $372.00 $50.00 $300.00 $220.00 $1,320.00 14. 8 LF Remove Chain Link Fence $20.00 $160.00 $22.00 $176.00 $25.00 $200.00 $25.00 $200.00 15. i 2 EA Remove and Salvage Chain Link Gate $100.001 $200.00 $300.00 $600.00 $100.00 $200.00 $175.001 $350.00 16. 73 LF Remove Electrical Conduit, conduit $10.001 $730.00 $10.001 $730.00 $50.D0 $3,650.00 $6.001 $589.00 1~, Encasement, if any, and wires ~ 1 LS RemOVe Chain Link Post and Fence at $200.00 $200.00 $300.00 $300.00 $500.001 $500.00 $600.001 $600.00 Ig_ Channel Sidewalls 1 LS Remove Abandoned Irrigation Line $100.00 $100.00 $x75.00 $475.00 $500.001 $500.00 $200.00 $200.00 19. 1 LS Conduct Precise Grading $500.00 1 $500.00 5980.001 $9eo.oo $1,132.00 1 $1,132.00 $0,500.00 $3,500.00 20. 278 SF 9" Thick A.C. Pavement $3.00 $834.00 $7.00 $1,946.00 $13.00 ) $3,614.00 $9.00 1 $2,502.00 21 200 SF 8" Thick P.C.C. Pavement $6.00 $1,200.00 $8.00 $1,600.00 $11.00 $2,200.00 $13.00 $2,600.00 22 164 SF 6" Thick P.C.C. Pavement $4.00 $656.00 $8.00 $),312.00 $9.00 $1,476.00 $12.00 $1,968.00 23 Construct Chain Link Fence at Channel $60 00 440.00 $1 $27.00 $648.00 $95.00 $2,280.00 $90.00 $2,160.00 24. 24 LF Sidewall . , 2 EA Re-Install Salvaged Gate $150.00 $300.00 $500.00 $1,000.00 $600,00 $1,200.00 $550.00 $1,100.00 25. Construct 4" Diameter Schedule 80 Hot- Dipped Galvanized Post, Post Cap, $400 00 000.00 $2 $x00.00 $2,400.00 $1,000.00 $6,000.00 $900.00 $5,400.00 6 EA Swinging Gate Hinges, and Post . , 26. Foundation Construct Chain Link Fencing per $60 00 $480.00 $41.00 $328.00 $275.00 $2,200.00 $250.00 $2,000.00 27, 8 LF Caltrans Std. Plan A-85 . Construct Chain Link Railing, Type 7, $100 00 800.00 $5 $86.00 $4,988.00 $125.00 $7,250.00 $I 15.00 ~ $6,670.00 2g, 58 LF per Caltrans Std. Plan 811-52 . , EA COnStrUCt 30" x 24" $300. OO $600.00 $350.00 $700.00 $235.00 $470.00 $230.00 1 $460.00 29. 2 "WEIGHT LIMIT" Sign Constru Ct 1-1/2" Didmetei Conduit (Type $30 00 $2 370.00 $33.00 $2,607.00 $79.00 $6,241.00 $20.00 1 $1,580.00 30. 79 LF 1) . , Construct 3" Diameter Schedule 80 PVC $20 OO $900.00 $45.00 $2,025.00 $27.00 $1,215.00 $26.00 $1,170.00 31. 45 LF Pipe (Includes hangers) 240 LF Install q8 Copper Wires $3.00 $720.00 $14.00 1 $3,360.00 $7.50 $1,800.00 $3.00 1 $720.00 32 1 LS Adjust Irrigation Lines and Sprinklers $300.00 1 $300.00 $170.00 $170.00 $500.00 1 $500.00 $500.00 $500.00 33. 1 LS Paint Channel Wa11 Stationing $100.00 1 $100.00 $60.00 $80.00 $75.00 1 $75.00 $75.00 1 $75.00 34' 2 EA Construction Notification Sign $500.00 1 $1,000.00 $200.00 1 $400.00 $800.00 1 $1,600.00 $375.00 1 $750.00 35. Paee I of 2 P99 BID SUMMARY FOR B[D OPENING JUNE 5, 2012 APPARENT LOW BIDDER T 3 Replacement of Pedestrian Bridge Decks Crossing over Deer Creek John S. Meek Company O'Donnell Construction Channel ENGINEER'S ESTIMATE J.F. Shea Construction inc Inc Inc Bridge a -South or Baae Llne Roed 1 L$ Mobilization $5, 000.00 $5,000.00 $2,400.00 $2,400.00 $7,500.001 $7,500.00 $6,500.001 $6,500.00 36. 1 LS Traffic Control (Pedestrian and $2, 000.00 $2,000.00 $1,000.00 $1,000.00 $1,190.00 $1,190.00 $800.001 $800.00 g7. vehicular) t LS SWPPP $4, 000.00 $4,000.00 $1,500.00 $1,500.00 $1,190.00 $1,190.00 $1,500.001 $1,500.00 38. 7 LS Clearing & Grubbing $2, 000.00 $2,000.00 $350.001 $350.00 $250.00 $250.00 $1,500.00 $1,500.00 39. 1 LS Remove Hridge Girders, Deck, and Hridge $10, 000.00 $]0,000.00 $7,343.00 $7,343.00 $4,800.00 $0,800.00 $6,000.001 $6,000.00 40. Fencing 424 3 (F) LB Bar Reinf OrCing Steel (Bridge grid $1.50 $5,136.00 $1.501 $5,136.00 $1.40 $4,793.60 $1.501 $8,736.00 F- , Abutment) 13 (F) CY Structurdl Concrete (Bridge dnd $800.00 $10,40D.00 $2,000.00 $26,000.00 $2,600.001 $33,600.00 $3,400.00 $44,200.00 (F, Abutment) 16 LF Joint Seal (Type A Seal; MR=1.5") $150.00 $2,400.00 $38.00 $608.00 $20.001 $320.00 $55.00 $680.00 43. 26 (F) CY Structural Excavation (Abutment) $30.00 $780.00 $20.00 $520.00 $48.00 $1,208.00 $45.001 $7,170.00 F. 26 (F) CY Struc[ural Back Eill (Abutment) $66.00 $1,716.00 $00.00 $1,000.00 $78.00 $2,028.00 $30.00 $2,080.00 (F . 192 SF Remove 6" Thick P.C.C. Pavement $3.00 $576.00 $0.00 $768.00 $2.00 $380.00 $3.00 $576.00 46. 47. 402 SF RemOVe 4" Thi Ck A.C. Pavement $1.50 $603.00 $4,00 $1,608.00 $1.25 $502.50 $2.007 $804.00 8 EA Remove Chain Link Post and Foundation $100.00 $800.00 $62.00 $096.00 $50.001 $000.00 $175.00 $1,400.00 48 15 LF Remove Chain Link Fence $20.00 $300.00 $22.00 $330.00 $25.001 $375.00 $25.00 $375.00 49. 4 EA Remove and Salvage Chain Link Gate $100.00 $000.00 $325.00 $1,300.00 $100.00 $000.00 $175.001 $700.00 50. Remove Electrical Conduit, Conduit $10 00 $820.00 $9.00 $738.00 $50.00 $4,100.00 $8.00 $656.00 51. 82 LF Encasement, if any, and Wires . LS Remove Chain Link POSt and Fence dt $200.00 $200.00 $280.00 $280.00 $500.00 $500.00 $600.00 $600.00 52. 1 Channel Sidewal k 1 L$ Condu Ct Precise Grading $500.00 $500.00 $980.001 $980.00 $1,132.00 $1,132.00 $3,500.00 $3,500.00 53. 402 SF 4" Thick A.C. Pavement $3.00 $1,206.00 $7.001 $2,814.00 $13.00 $5,226.00 $9.001 $3,618.00 54. 94 SF B" Thick P.C.C. Pavement $6.00 1 $564.00 $13.001 $1,222.00 $11.00 $1,034.00 $13.00 $1,222.00 55. 98 SF 6" Thick P.C.C. Pavement $4.00 $392.00 $9.00 $882.00 $9.00 $882.00 $12.00 1 $1,]76.00 56. Construct Chain Link Fence at Channel $60 00 440.00 $1 $25.00 $600.00 $95.00 $2,280.00 $90.00 $2,160.00 g7. 24 LF Sidewall . , 4 EA Re-Install Salvaged Gate $150.00 $600.00 $550.00 $2,200,00 $300.00 $1,200.00 $220.00 $880.00 SS Construct 4" Diameter Sc e u e 80 Hot- 6 EA Dipped Galvani Zed Post, P05t Cdp, $400.00 $3,200.00 $325.00 $2,600.00 $1,000.00 $8,000.00 $900.00 $7,200.00 Swinging Gate Hinges, and Post 59. Foundation 1 LF COnSt ruCt Chain Link Fencing per $60.00 $660.00 $30.00 $330.00 $275.00 $3,025.00 $250.00 $2,750.00 60. 1 Caltrans Std. Plan A-85 ~ Constru Ct Chain Link Railing, Type 7, $100 00 700.00 $6 $94.00 $6,298.00 $125.00 $8,375.00 $115.00 $7,705.00 61. 67 LF per Caltrans Std. Plan 611-52 . , 2 EA COnstru Ct 30" x 24" $300.00 $600.00 $350.00 $700.00 $235.00 $470.00 $230.00 $460.00 62. "WEIGHT LIMIT" Sign CoriStlUCt 1-1/2" Diameter COndU it (Type $30 00 490.00 $2 $33.00 $2,739.00 $79.00 $6,557.00 $20.00 $1,660.00 63. 83 LF 1) . , Construct 3" Diameter Schedule BO PVC $20 00 120.00 $1 $36.00 $2,016.00 $27.00 1 $1,512.00 $26.00 $1,456.00 64. 56 LF Pipe (Includes hangers) . , 250 LF Install #8 Copper Wires $3.00 $750.00 $15.00 $3,750.00 $7.50 $1,875.00 $3.00 $750.00 65. 1 LS Adjust Irrigation Lines and Sprinklers $300.00 ~ $300.00 $150.00 $150.00 $500.00 $500.00 $500.00 1 $500.00 66. ~ 1 LS Paint Channel Wall Stationing $100.00 $100.00 $80.00 $80.00 $75.00 $75.00 $75.00 $75.00 67. 2 EA Construction Notification Sign $275.09 $550.18 $200.00 $400.00 $800.00 $1,600.00 $375.00 $750.00 613 TOTAL 5131 518.18 $146 411.00 $209 726.20 $215 042.00 Paee 2 0( 2 P700 STAFF REPORT ENGINEERING SERI'ICES DEP.~R"I'~IENT Date: June 20, 2012 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Fred Lyn, Utilities Division Manager '/ ,, Christen.Mitchell, Management Aide RANCHO G'UCAMONGA Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE INSTALLATION OF A SOLAR PHOTOVOLTAIC SYSTEM AT THE PAUL A. BIANE LIBRARY AT VICTORIA GARDENS, TO BE FUNDED FROM UTILITY FUND, ACCOUNT NO. 17063035209 FOR CONSTRUCTION OF SAID PROJECT RECOMMENDATION It is recommended that the City Council approve the plans and specifications for the construction of a Solar Photovoltaic System at the Paul A. Biane Library at Victoria Gardens and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS The scope of work for the Solar Photovoltaic System Installation at the Paul A. Biane Library at Victoria Gardens consists of, but not limited to minor modification to the structural elements of the roof to support the additional weight and uplift forces of the solar panels, installation of the solar panels and racking system, re-roofing a portion of the existing flat roof, and necessary electrical work. The project will be funded from Utility Fund, account no. 17063035209. Staff has determined that the project is Categorically Exempt per Article19, Section 15301(a) of the CEQA guidelines. The Engineer's estimate is $78,000. Legal advertising is scheduled for June 26, 2012, and July 3, 2012, with bid opening at 2:00 p.m. on Tuesday July 10, 2012, unless extended by addendum. Respectfully submitted, M ~~ Director of Engineering Services/City Engineer MAS/CLM:rIf Attachment P701 0 CITY OF RANCHO CUCAMONGA CULTURAL CENTER / VG LIBRARY 12505 CULTURAL CENTER DR. RANCHO CUCAMONGA, 91739 ~' N x.r.s. n P102 RESOLUTION NO. 12-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A "SOLAR PHOTOVOLTAIC SYSTEM AT THE PAULA. BIANE LIBRARY AT VICTORIA GARDENS", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga; and WHEREAS, the City of Rancho Cucamonga has prepared specifications for the construction of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that the specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "SOLAR PHOTOVOLTAIC SYSTEM INSTALLATION AT THE PAUL A. BIANE LIBRARY AT VICTORIA GARDENS". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required bylaw for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour.of 2:00 p.m. on Tuesday, July 10, 2012, sealed bids or proposals for the "SOLAR PHOTOVOLTAIC SYSTEM INSTALLATION AT THE PAUL A. BIANE LIBRARY AT VICTORIA GARDENS" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "SOLAR PHOTOVOLTAIC SYSTEM INSTALLATION AT THE PAULA. BIANE LIBRARY AT VICTORIA GARDENS": PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Resolution No. 12-087 -Page 1 of 4 P103 Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in thattradefora certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eightjourneymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices orjourneymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Directorof Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. Resolution No. 12-087 -Page 2 of 4 P104 The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, inform and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "B" License (General Building Contractor) or "C-10" License (Electrical Contractor) or "C-46" License (Solar Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done iri accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. In an effort to go green and paperless, digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available by going to www.ciolist.com and signing up, by going to Member Login or Member Signup (it's free), then choose California, then scroll down to San Bernardino County and click on Browse Cities, then scroll Resolution No. 12-087 -Page 3 of 4 P105 down to Rancho Cucamonga and click on City Projects, then click on the Project of interest under the Title and follow directions for download. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided; digital copies must be downloaded from the above website then printed. Prospective bidders must register for an account on www.ciolist.com to be included on the prospective bidder's list(s) and to receive email updates of any addenda or revisions to the bid documents. Be advised that the information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to register with www.ciolist.comond to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for "SOLAR PHOTOVOLTAIC SYSTEM INSTALLATION AT THE PAULA. BIANE LIBRARY AT VICTORIA GARDENS" may be directed to: CHRISTEN MITCHELL, MANAGEMENT AIDE & PROJECT MANAGER 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4029 TRINA VALDEZ, PUBLIC SERVICES TECHNICIAN & PROJECT MANAGER 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4030 ADVERTISE ON: June 26, 2012 and July 3, 2012 Resolution No. 12-087 -Page 4 of 4 STAFF REPORT ENGINEERING SERVICES DEPdRTMEN"1' Date: June 20, 2012 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician P106 RANCHO CUCAMONGA Subject: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 16227-1 LOCATED ON THE NORTH SIDE OF DAY CREEK BOULEVARD, WEST OF ETIWANDA AVENUE, SUBMITTED BY MERITAGE HOMES OF CALIFORNIA, INC RECOMMENDATION The required improvements for Tract 16227-1 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS As a condition of approval of completion of Tract 16227-1, located on the north side of Day Creek Boulevard, west of Etiwanda Avenue, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: 1250 Corona Point Court, Suite 210 Corona, CA 92879 Release: Faithful Performance Bond #104546503 $1,383,900.00 (Bond No.) Accept: Maintenance Bond # 105788443 $138,390.00 (Bond No.) Respectful) submitted, .. ark A. teuer Director of Engineering Services/City Engineer MAS:CC/alrw Attachment(s) P107 ~~ ..c wr .min .u.wn / I ~~_ ~^.., pl - -~~w a ~•- l i.l Flo I' I. • " J~~ .¢urt ~ww~ ~ro~(Jri1 ~"i y~ S ,4~, ~ \" ~fl ~ ~ /t'~ '/~~~ /p '~ 1~ ft''1~-; ~~I ~I I ~ I I I `~ I I O 7 ~r•nl„Ilia~{, ~' \6 , I I. ~ nJ•,, s~~ ~r~ I" ~/, `rr; .~ I, i7 - ._ 3 /// 7' ,'- s, i 7~~ 1 1 • /gyp"` _(~&= _ - ;~/~: a ,,-~~- ,a~~.:u ~. ~- /~ °,- c-.. i v u J ~ ~ ' ~ ~i--..- -- " d ~ / ~ ~ / - - / ~ ' •x/' ,<< / •~ , yY ~ '~ d „~ h~ ,•~ U11L '1J -~--^-~ uY 7~ W ~ \' ' f I I m ~ II~"~'~ I I 1 1 I~ r ~1_~~-~- . - --- ~ i I ~ ~ z I t! LLL.~ ~ \ ~ I ~ O z Q~ ~L~ l~ ~ ~r ~~~ ~ '~ U ~ ~~ ~11T%J ~ P108 RESOLUTION NO. 12-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16227-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 16227-1 have been completed to the satisfaction of the City Engineer; and complete. WHEREAS, a Notice of Completion is required to be filed, certifying the work is NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. Resolution No. 12-088 -Page 1 P109 STAFF REPORT ADMINISTRATIVE SERVICES DEPARTbtENT RANCHO Date: June 20, 2012 C,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori E. Bassoon, Deputy City Manager/Administrative Services ~, By: Ingrid Y. Bruce, GIS/Special Districts Manager Subject: CONSIDERATION OF APPROVAL OF RESOLUTIONS INITIATING PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS, PRELIMINARILY APPROVE THE ANNUAL ENGINEER'S REPORTS, DECLARING THE CITY COUNCIL'S INTENTION TO LEVY ANNUAL ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2012113 AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON. NO INCREASE OF ASSESSMENT RATE FOR FY 2012/13 IS PROPOSED. RECOMMENDATION It is recommended that City Council approve the Resolutions initiating proceedings to levy annual assessments, approving the Annual Engineer's 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 2012/2013. The Engineer's Report is also 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 Park and Red Hill Community Park. Heritage Community Park is a 40-acre facility located on the southwest corner of Hillside Road and Beryl Street. Red Hill Community Park is 42 acres and is located on the southwest corner of Base Line Road and Vineyard 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. The final debt service payment on the bonds that were sold to finance the construction of Red Hill and Heritage Community Parks was paid on September 1, 2005. Subsequently, with the debt repaid, the annual assessments were decreased for all the property owners. The annual assessments levied and collected are dedicated to the on-going maintenance and operation of the parks, including periodic capital improvement expenditures. Pursuant to the Landscape and Lighting Act of 1972, each year the City Council must adopt resolutions initiating proceedings to levy the assessments, approve the Annual Engineer's Report, and declare its intention to levy and collect assessments for the upcoming fiscal year. P110 CONSIDERATION OF APPROVAL OF RESOLUTIONS DECLARING THE CITY COUNCIL'S PAGE 2 IN"1"ENTION TO LEVY ANNUAL ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2012/13 AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON. UM: 20, 2012 Assessment rates in PD-85 will remain at existing levels for Fiscal Year 2012/2013, as there is no mechanism in place to provide for any needed assessment increases in this District. However, PD- 85 will require a rate increase in the very near future, in order for the district to remain financially self-sustaining while continuing to provide a high level of maintenance at Red Hill and Heritage Community Parks. No rate increase can occur unless the City conducts a Prop 218 election process to give the property owners the opportunity to express their support for, or in opposition to, an increase in such assessment. Staff will be working on plans to discuss these issues with the City Council and the community during the upcoming fiscal year. 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 3.51 acres to 7.00 acres 7.01 acres to 14.00 acres 14.01 acres to 25.00 acres 25.01 acres and larger Assessment oer Parcel $31.00 $31.00 $15.50 $46.50 $108.50 $217.00 $434.00 $775.00 Attachments Resolutions Engineer's Report P111 RESOLUTION NO. 12'089 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL ENGINEER'S REPORT PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2012/13 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 levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance and servicing of improvements within the District; grid WHEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2012, and ending June 30, 2013 ("Fiscal Year 2012/13"). 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 2012/13. SECTION 3. Annual Engineer's Report. The City Engineer is hereby ordered to prepare and file with this City Council an Annual Engineer's Report for the District relating to such annual assessment and levy in such District in accordance with the provisions of 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law"). SECTION 4. Filing of the Annual Engineer's Report. Upon completion, the Annual Engineer's Report for the District shall be filed with the City Clerk, who shall then submit the same to this City Council for its consideration pursuant to the Assessment Law. P712 PASSED, APPROVED AND ADOPTED this day of July, 2012 AYES: NOES: ABSENT: ABSTAINED: ATTEST: L. Dennis Michael, 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 2012. Executed this at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P113 RESOLUTION NO. 12-090 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2072/73 WHEREAS, the City Council of the City of Rancho Cucamonga, California, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act"), Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law'), did, by previous Resolution, order the preparation of a report for the annual levy of assessments for Fiscal Year 2012/13 (the "Annual Engineer's Report") in a certain maintenance assessment district known and designated as Park and Recreation Improvement District No. PD 85 (the "District"); and WHEREAS, there has now been presented to this City Council the Annual Engineer's Report for the District as required by the Assessment Law and as previously directed by Resolution; and WHEREAS, this City Council has now examined and reviewed the Annual Engineer's Report as presented, and is satisfied with each and all of the items and documents as set forth in such report, and is satisfied that the assessments on a preliminary basis, have been spread within the District in accordance with the special benefits received from the improvements to be maintained and serviced, as set forth in the Annual Engineer's Report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Rancho Cucamonga, as follows: SECTION 7. Recitals. The above recitals are all true and correct. SECTION 2. Annual Engineer's Reports. The Annual Engineer's Report for the District as presented, consisting of the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be maintained and serviced and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the District for Fiscal Year 2012/13; C. A diagram for the District, showing the area and properties proposed to be assessed; and P114 D. An annual assessment for Fiscal Year 2012/13 of the estimated costs of the maintenance and servicing of those improvements to be maintained and serviced during such Fiscal Year, assessing the net amount upon all assessable lots and/or parcels within such District in proportion to the special benefits received is hereby approved on a preliminary basis and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection. SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Annual Engineer's Report. PASSED, APPROVED AND ADOPTED this day of July 2012. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, 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 meeting of said City Council held on 2012. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P715 RESOLUTION NO. 12-091 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 2012/2013 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 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (the "1972 Act") in what is known and designated as Park and Recreation Improvement District No. PD 85 (thei District"); and WHEREAS, this City Council has initiated proceedings to provide for the annual levy of assessments for Fiscal Year 2012/13, to finance the costs and expenses necessary for continued maintenance and servicing of improvements within the District; and WHEREAS, at this time, there has been presented and approved by this City Council, a separate report for the District identified by the distinctive designation of such District and entitled "Fiscal Year 2012/13 Annual Engineer's Report" (the "Annual Engineer's Report") as required pursuant to Article 4 of Chapter 1 of the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law'), and this City Council desires to conduct the proceedings to authorize the levy of the annual assessments within the District; and WHEREAS, the annual assessments for Fiscal Year 2012/13 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 2012/13 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. "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, P1t6 and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; (c) the removal of trimmings, rubbish, debris, and other solid waste; and, (d) the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Service" may include the furnishing of: (a) electric current or energy, gas, or other illuminating agent for the lighting or operation of any improvements; and, (b) water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. A description of the improvements to be maintained and the maintenance and services to be provided is set forth in Appendix A attached hereto and incorporated herein by this reference. ' SECTION 3. Annual Engineer's Report. The Annual Engineer's Report regarding the annual levy for the District for Fiscal Year 2012-2013, has been preliminarily approved and directed to be filed in the office the City Clerk. Reference is made to such Report for the District for a full and detailed description of the improvements to be maintained and serviced, the boundaries of such District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within such District. SECTION 4. Assessment. The public interest and convenience requires, and it is the intention of this City Council to order the annual levy of assessments for the District as set forth and described in the Annual Engineer's Report, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of such maintenance and service as estimated in such Annual Engineer's Report. SECTION 5. Boundaries Of District. The proposed maintenance and service work as described in the Annual Engineer's Report for the District is, in the opinion of this City Council, of special benefit to the properties within the boundaries of such District, and this City Council makes the costs and expenses of such maintenance and service chargeable upon such District, which District said City Council hereby declares to be the District specially benefited by such maintenance and service, and to be further assessed pursuant to the Assessment Law to pay the costs and expenses thereof. The District shall include each and every parcel of land within the boundaries thereof; as such District is shown on a map or maps as approved by this City Council and on file in the Office of the City Clerk, and so designated by the name of such District. SECTION 6. Public Hearing. Notice is hereby given that a public hearing will be held the 18th day of July, 2012, 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 public hearing. P117 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 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, 2012. AYES: NOES: ABSENT: ABSTAINED: ATTEST: L. Dennis Michael, 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 .2012. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P118 Appendix A Descriptions of Improvements and Maintenance and Services This Appendix A contains a general description of the improvements to be maintained and serviced and a,description of such maintenance and services. 1. The maintenance and operation of Heritage Community Park including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, restrooms, equestrian facilities, playground equipment, picnic facilities, athletic facilities, and walking, jogging and equestrian trails and sanitary sewer connections. 2. The maintenance and operation of Red Hill Community Park including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, waterscape, restrooms, senior citizen facilities, playground equipment, picnic facilities, major lighted athletic facilities, jogging trail, sanitary sewer connections and onsite drainage inlets. A-1 P119 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga PARKS AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 Approved: P120 CITY OF RANCHO CUCAMONGA PARK AND RECREATION DISTRICT No. PD - 85 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III Parks and Recreation Improvement District No. PD-85 2 P121 TABLE OF CONTENTS Authority for Report ...................................................................... 4 Findings ...................................................................... 4 District Analysis ...................................................................... 5 Estimated of Work ...................................................................... 6 Method of Spread ...................................................................... 9 Annexations .......................................................................... 11 Boundary Map ................... 12 .................................................... Parks and Recreation Improvement District No. PD-85 3 P122 City of Rancho Cucamonga Annual Report PD-85 Fiscal Year 2012/2013 AUTHORITY FOR REPORT This report for the 2012/2013 fiscal year is prepared pursuant to the order of the City Council of the City 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 may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The means of determining whether or not a parcel will benefit from the improvements is contained in the Improvement Act of 1911 (Division 7, commencing with Section 5000 of the Streets and Highways Code, State of California). The 1972 Act also provides for the classification of various areas within an assessment district into benefit areas where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of all territory receiving substantially the same degree of benefit from the improvements and may consist of contiguous or noncontiguous areas. As the assessments are levied on the 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, Parks and Recreation Improvement District No. PD-85 4 P123 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 utility transmission right-of-way, and common areas are also exempt from assessment. The assessment for mobile home parks will be based upon underlying lot acreage. 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, 172 West Third Street, San Bernardino, California and which are hereby made a part hereof by reference. B. District Name City of Rancho Cucamonga Park and Recreation Improvement District No. PD - 85. C. Facilities The existing works within the District boundary are generally described as follows: 1. The maintenance and operation of Heritage Community Park including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, restrooms, equestrian facilities, playground equipment, picnic facilities, athletic facilities, and walking, jogging and equestrian trails and sanitary sewer connections. 2. The maintenance and operation of Red Hill Community Park including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, waterscape, restrooms, senior 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 2012/2013 FY is $31.00. No increase to this assessment rate is proposed. Parks and Recreation Improvement District No. PD-85 P124 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 deficits shall be included in the assessment for the following fiscal year. Proposed Maintenance Budget: FY 2012/2013 PROJECTED REVENUE $1,115,460.00 Personnel Services Regular Salaries $528,210.00 Overtime Salaries 3,680.00 Part Time Salaries 52,320.00 Fringe Benefits 254,880.00 Subtotal $839,090.00 Operations & 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 33,380.00 Contract Services/Facilities 0.00 Tree Maintenance 18,200.00 Telephone Utilities 8,090.00 Water Utilities 248,320.00 Electric Utilities 117,440.00 Assessment Administration 152,550.00 Admin./General Overhead 115,780.00 Subtotal $832,510.00 Capital Outlay Capital Outlay - Improv. Other than Bldg 0.00 Subtotal 0.00 Total PD-85 Expenditure Budget $1,671,600.00 Operating Reserve Contribution -556,140.00 Projected Revenue $1,115,480.00 Total District Assessment $1,147,540.00 Total District Parcel Count 27,741 Parks and Recreation Improvement District No. PD-85 6 P125 Each year, prior to the assessments being placed on the-tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment 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, 2012 Reserve Fund $1,250,220.0 Operating Reserve Contribution -Fiscal Year 2012/13 (556,140.00) Operating Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund $694,080.00 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. 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. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the parks. Parks and Recreation Improvement District No. PD-85 P126 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 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. 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. Parks and Recreation Improvement District No. PD-85 8 P127 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 search, several parcels were included as exempt that show parcel sizes in excess of 1.5 acres and type 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 meeting the following conditions. Parcel Size/Range Dwelling Units/Parcel 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 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 Service per existing residential dwelling unit may decrease each year as more residential units are 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. Parks and Recreation Improvement District No. PD-85 P128 Category C: All exempt parcels as defined below: 1. All properties currently tax exempt; 2. All public ownership; 3. Railroad mainline rights-of-way 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 1.5 acres or less; and, C. Summary of Preliminary Assessment Amounts Category A: The preliminary estimated assessment rate, which will be levied during fiscal year 2012/2013, 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 amount equal to $31.00 times the number of dwelling units. Category B: The assessment, which may be levied for parcels within Category B during fiscal year 2012/2013, shall be according to the following schedule: Definition Assessment Per Parcels Single Family Residential $31.00 Multi-Family Residential $31.00 Less than 1.5 Acres $15.50 1.51 Acres to 3.50 Acres $46.50 3.51 Acres to 7.0 Acres $108.50 7.01 Acres to 14.0 Acres $217.00 14.01 Acres to 25.0 Acres $434.00 25.01 Acres and larger $775.00 Category C: The assessment shall be $0.00 for Category C parcels. Parks and Recreation Improvement District No. PD-85 10 P129 Annexations There were no annexations effective for the 2012/13 Fiscal Year. Boundary Map An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part ofthis Engineer's Report. 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Gillison, City Manager From: Lori E. Bassoon, Deputy City Manager/Administrative Services ~~ By: Ingrid Y. Bruce, GIS/Special Districts Manager Subject: CONSIDERATION OF APPROVAL OF RESOLUTIONS INITIATING PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS, PRELIMINARILY APPROVE THE ANNUAL ENGINEER'S REPORTS, DECLARING THE CITY COUNCIL'S INTENTION TO LEVY ANNUAL ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO'S 1, 2, 3, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 2012/13 AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON. NO INCREASE OF ASSESSMENT RATE FOR FY 2012/13 IS PROPOSED. It is recommended that the City Council approve the Resolutions initiating the proceedings to levy annual assessments, preliminarily approve the Annual Engineer's Reports, declaring the City Council's intention to levy annual assessments within Street Lighting Maintenance District No's. 1, 2, 3, 4, 5, 6, 7 and 8. There is no increase to the current rates in these districts for Fiscal Year 2012/2013. The Engineer's Reports are also on file in the City Clerk's Office. BACKGROUNDIANALYSIS The City of Rancho Cucamonga has eight (8) Street Lighting 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. This 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. The City utilizes prior year carryovers along with current year revenues to meet the districts' annual expenses. When the SLDs were established, they were in conjunction with the new development coming into the City, and were intentionally designed to ensure that each district bore the costs of the maintenance of the infrastructure that provides special benefit to the property owners. It has been over 16 years since there was an assessment increase in the SLDs, and certain districts will soon require an assessment increase in order to remain financially self-sustaining while continuing to provide a high level of maintenance. However, no rate increase can occur unless the City conducts a Prop 218 election process to give the property owners the opportunity to express their support for, P132 CONSIDERATION OF APPROVAL OF RESOLUTIONS DF_CLARING 1'HE CITY COUNCIL'S P~~GIa 2 INTENTION TO LEVY ANNUAL ASSESSMF_NTS WI"THIN STREET LIGHTING MAINTENANCE DISTRICT NO'S 1, 2, 3, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 2012/13 AND SETTING THE TIME AND PLACE FOR APUBLIC F-TEARING TI-IEREON. tUNI?.20, 2012 or in opposition to, an increase in such assessment. Staff will be working on plans to discuss these issues with the City Council and the community during the upcoming fiscal year. As stated in the Street Lighting Maintenance Districts Fiscal Year 2012/2013 Engineer's Reports, the assessment rates shall remain unchanged from the previous FY 2011/2012 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 $35.54 per acre. This district will require a rate increase in future years to maintain service levels. 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-family residence. The commercial rate is $79.94 per acre. This district will require a rate increase in future years to maintain service levels. 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 per acre. Street Lighting Maintenance District No. 4 assessments pay for energy and maintenance for streetlights within the Terra Vista Planned Community. The current assessment rate is $28.96 per single-family residence, the multi-family rate is $14.48 per dwelling unit and the commercial rate is $57.92 per acre. This district will require a rate increase in future years to maintain service levels. Street 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. This district will require a rate increase in future years to maintain service levels. 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 commercial 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. This district will require a rate increase in future years to maintain service levels. P133 CONSIDERATION OF APPROVAL OF RESOLUTIONS DECLARING THE CITY COUNCIL'S PAGH 3 INTENTION TO LEVY ANNUAL ASSESSMENTS IY~ITHIN STREET LIGHTING MAINTENANCE DISTRICT NO'S 1, 2, 3, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 2012/13 AND SETTING THE TIME AND PLACE FOR r1 PUBLIC HEARING THEREON. juNr.20, 2012 Street Lighting Maintenance District No. 8 assessments pay for energy and maintenance for streetlights in South Etiwanda. The current assessment rate is $61.19 per single-family residence. Attachments Resolutions Engineer's Reports P134 RESOLUTION NO. 12-092 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL ENGINEER'S REPORTS PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO'S. 1, 2, 3, 4, 5, 6, 7 AND 8, INCLUSIVE, FOR FISCAL YEAR 2012113 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 No's. 1, 2, 3, 4, 5, 6, 7 and 8, inclusive (each, a "District" and collectively, the "Districts"); and WHEREAS, at this time the City Council desires to initiate proceedings pursuant to Chapter 3 of the 1972 Act to 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, 2012, and ending June 30, 2013 ("Fiscal Year 2012/13"). 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 and serviced and no substantial changes in the existing improvements are proposed to be made for Fiscal Year 2012/13. SECTION 3. Annual Engineer's Reports. The City Engineer is hereby ordered to prepare and file with this City Council an Annual Engineer's Report for each District relating to such annual assessment and levy in such District in accordance with the provisions of Article 3 of Chapter 1 of the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law"). SECTION 4. Filing of the Annual Engineer's Reports. Upon completion, the Annual Engineer's Report for each District shall be filed with the City Clerk, who shall then submit the same to this City Council for its consideration pursuant to the Assessment Law. P135 PASSED, APPROVED AND ADOPTED this day of July, 2012. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, 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 meeting of said City Council held on 2012. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P136 12-093 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO'S. 1, 2, 3, 4, 5, 6, 7 AND 8, INCLUSIVE, FOR FISCAL YEAR 2012/13 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 2012/2013 (each, an "Annual Engineer's Report") in certain maintenance assessment districts known and designated as Street Lighting Maintenance District No's. 1, 2, 3, 4, 5, 6, 7 and 8, inclusive (each, a "District" and collectively, the "Districts"); and WHEREAS, there has now been presented to this City Council a separate Annual Engineer's Report for each District as required by the Assessment Law and as previously directed by Resolution; and WHEREAS; this City Council has now examined and reviewed each Annual Engineer's Report as presented, and is satisfied with each and all of the items and documents as set forth in each report, and is satisfied that the assessments on a preliminary basis, have been spread within each District in accordance with the special benefits received from the improvements to be maintained and serviced, as set forth in the applicable Annual Engineer's Report. NOW, THEREFORE, 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 Engineer's Reports. The Annual Engineer's Report for each District as presented, consisting of the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be maintained and serviced and the extent of such maintenance;. B. An estimate of the cost of the maintenance of the improvements for the District for Fiscal Year 2012/13; C. A diagram for such District, showing the area and properties proposed to be assessed; and P137 D. An annual assessment for Fiscal Year 2012/2013 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 Engineer's Reports. PASSED, APPROVED AND ADOPTED this day of July, 2012. AYES: NOES: ABSENT: ABSTAINED: ATTEST: L. Dennis Michael, 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 2012. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P138 RESOLUTION N0.12-094 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 2 01 212 01 3 IN STREET LIGHTING MAINTENANCE DISTRICT NO'S. 1, 2, 3, 4, 5, 6, 7 AND 8, INCLUSIVE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed certain maintenance districts and authorized the levy of assessments therein pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972,° being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (the "1972 Act") in what are known and designated as Street Lighting Maintenance District No's. 1, 2, 3, 4, 5, 6, 7 and 8, inclusive (each a "District" and collectively, the "Districts"); and WHEREAS, this City Council has initiated proceedings to provide for the annual levy of assessments for Fiscal Year 2012/13, 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 2012/13 Annual Engineer's Report" (each, an "Annual Engineer's Report" and collectively, the "Annual Engineer's Reports") as required pursuant to Article 4 of Chapter 1 of the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law"), and this City Council desires to conduct the proceedings to authorize the levy of the annual assessments within each District; and WHEREAS, the annual assessments for Fiscal Year 2012/13 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 2012/2013 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 continual maintenance and servicing of the improvements authorized to be maintained and serviced within each such District. P139 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 furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement. Service includes the furnishing of electric current or energy, gas, or other illuminating agent for any improvement. Reference is made to the applicable Annual Engineer's Report for further information regarding the improvements to be maintained and serviced for each District and the scope of such maintenance and service. SECTION 3. Annual Engineer's Reports. The Annual Engineer's Reports regarding the annual levy for each District for Fiscal Year 2012/2013 have been preliminarily approved and directed to be filed in the Office the City Clerk. Reference is made to the applicable such report for each District for a full and detailed description of the improvements to be maintained and serviced, the boundaries of such District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within such District. SECTION 4. Assessment. The public interest and convenience requires, and it is the intention of this City Council to order the annual levy of assessments for each District as set forth and described in the applicable Annual Engineer's Report, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of such maintenance and service as estimated in such Annual Engineer's Report. SECTION 5. Boundaries Of Districts. The proposed maintenance and service work as described in the Annual Engineer's Report for each District is, in the opinion of this City Council, of special benefit to the properties within the boundaries of such District, and this City Council makes the costs and expenses of such maintenance and service chargeable upon each such District, which District said City Council hereby declares to be the District specially benefited by such maintenance and service, and to be further assessed pursuant to the Assessment Law to pay the costs and expenses thereof. Each such District shall include each and every parcel of land within the boundaries thereof; as such District is shown on a map or maps as approved by this City Council and on file in the Office of the City Clerk, and so designated by the name of such District. SECTION 6. Public Hearing. Notice is hereby given that a public hearing will be held the 18`" day of July, 2012 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 public hearing. P140 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 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, 2012 AYES: NOES: ABSENT: ABSTAINED: ATTEST: L. Dennis Michael, Mayor Janice C. Reynolds, City Clerk I, Janice C. Reynolds, City Clerk of the certify that the foregoing Resolution was Council of the City of Rancho Cucamonga, 2012. City of Rancho Cucamonga, California, do hereby duly passed, approved and adopted by the City at a regular meeting of said City Council held on Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P141 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 that are throughout the City. Street Lighting Maintenance District No. 2 The installation/maintenance of street lights and traffic signals on local streets that are generally west of Haven Avenue. Street Lighting Maintenance District No. 3 The installation/maintenance of street lights and traffic signals located within the Victoria Planned Community. Street Lighting Maintenance District No. 4 The installation/maintenance of street lights and traffic signals located within the Terra Vista Planned Community. Street Lighting Maintenance District No. 5 The installation/maintenance of street lights Planned Community. and traffic signals located within the Caryn Street Lighting Maintenance District No. 6 The installation/maintenance of street lights and traffic signals located on commercial and industrial streets throughout the City but that are not within an existing local maintenance district. This area is located generally south of Foothill Boulevard. Street Lighting Maintenance District No. 7 The installation/maintenance of street lights and traffic signals on local streets within this area of the City is known as "North Etiwanda". This area is located generally east of Day Creek Channel and north of Highland Avenue. Street Lighting Maintenance District No. 8 The installation/maintenance of street lights and traffic signals on local streets within this area of the City is known as "South Etiwanda". This area is located generally east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue. P142 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Street Lighting Maintenance District No. 1 (Arterial) P143 CITY OF RANCHO CUCAMONGA STREET LIGHT MAINTENANCE DISTRICT NO. (ARTERIAL STREETS) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P144 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 ASSESSMENT ROLL 12 13 Assessment Roll .......................................................................................................13 Annexations ..............................................................................................................14 P145 ENGINEER'S LETTER WHEREAS, on uu~e zo, zotz.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,1z-os2 g 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 2012/13 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 2012113 Total Estimated Assessment $784,130.00 Less Anticipated Delinquencies 15 430.00 Total Estimated Revenue $768,700.00 Plus Reserve Fund Contribution 94 020.00 Total Expenditure Budget $862,720.00 Total District EDU Count ~ 44,126.68 Actual Assessment per EDU $17.77 Maximum Allowable Assessment per EDU $17.77 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 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: Street Lighting Maintenance District No. 1-City of Rancho Cucamonga Fiscal Year 2012/13 P146 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. City Engineer Street Lighting Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2012/13 P147 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 the State of California in November 1996 added Article XIII D to the California Constitution imposing, Street Lighting Maintenance District No. 1-City of Rancho Cucamonga Fiscal Year 2012/13 P148 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 Fiscal Year 2012/13 P149 PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as the entire City of Rancho Cucamonga. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. 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 2012/13 Z ~ ~, z Q L ~ o m V = C c0 Sri ~ ti ~ p C m ~ O Q ~ m w C U U U w ~ nvnaa3HO p~ __ _ ~ ~ ~ -m = ~ ~ a a _ N ~ - - ~ ~ ' - LL J ~ o J 3 ' ;; = & - - / - ~a Sig ° m _ T m ~ Y -~ LL tl Ise3 Z ~ tlePU¢.Ry13 ^bb y'~ y - .~ nVVONtlM113 ~ u ' 'I I , Pue.n3 ar ~ oN MIl3 3 o_ - ~ _.1 ~ _~N J~ V O r o, x - ~. J y- F L I - ~ 1 ~~ Al ~[] IT} rr ~9 x ~ ~~ ~ Awu~Rep .11 ~r n TO _.C C ~ N Q _ ~ .. __ ~_(~ LC_.~.= _ m v N d ~ "' _Rb,elseVPO o ~.~ ~ slI V C - -- - - 3 nv a~31s3H~oa ,q; ~ V - 2 ~ ~ 1~@ ~ ~ _ uaYIIIIW Q - tt w+ L ~ m cy -1_ ! d 7~ w L ~ {Q 3~ w o wb'+we . I ~ 1 ,J !'S ~ ZI L•7 = n_y uaneH ~, nVjN3nVH ~. n, hk uaneH O ~~~=,`{III ,r~{ - f-`~ ,. p ~' .~[ J~ V e FYI ~ w Hkt °' ~ ~ ~ --~ I', _ ~ --u~c ~ ~ Y ~ tl. H y .. .uw: L MN R^¢ "^''~'nV.VSOW2J3H` m ' n yJ sow,eH d J ~ z t, c~ ~_ ~ ,{T N tl PIeG14PN ~ Z = O e9!4PM r _ \_, ~~ ;:4. ~ 4& I I &71 Im-'J ' ~ LL ~~'°wa+-m ni~{V}~Oltl91H :Jtl,~ ` ';"I ~L ~@~ nN'1S.1H13WV FF v m = ~ , ' 'j1Y' ~ ,_ #. 7 NIIB ~ ~~€ 7 U g m ~ _ ntl uewllaH ~ v N g ~ e T~ p , `/~V NVW ll3 H~ ~ !. ~ v-L (tluewllaH L s .'e. ~Z N l~N "~~ ,+ J 6 v - _ 7~ a ~ ~ r ray _ ~y P,eReuin L~F f ~~ - I1S Ueilewe~ ~IIMN~'p~ 1S NNIl3N21V'J.egW~s` ~,gJ°I; " T1-~ +~m ~~ I K ~" s a '_ ~ k ~ 34c x, ~'~ I ~ ~~.~ ~ ~ ~ ~ - sz € I.. ~~ 1S,3iJIHddV m nF<"+ - dw% € s @ ' s z &. ~ ~ = J yenw~j s x=A_ I~~ ~ - m e N ~€_~~ ~n ~ a ~ ~ LL € E~ ~ '.3~ $ ~ I N 5 3 LL' m e.~'~3_ agi. E'~8S3e u C z`~° ' CEg~cek of = m 35 E E ~3s C5 ~ ~£ r as as€ 2..y~ s x~ ss.x ^5 4 .~. s e ~, aU E ~' G5~5~ a ~ 9 ~-'a F°'n 3~3 A~5 $5°-~n'~~9aia P151 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 Budget Estimated 2012/13 Bud et Personnel Services Regular Payroll $22,090.00 Part-time Salaries 13,340.00 Fringe Benefits 12,300.00 Subtotal Personnel ~ $47,730.00 Operations and Maintenance Training $180.00 Membership Dues 30.00 Operations and Maintenance 4,940.00 Equipment Operations and Maintenance 500.00 Contract Services 0.00 Utilities Telephone Utilities 800.00 Electric Utilities 612,160.00 Assessment Administration 158,200.00 General Overhead 33,420.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $814,990.00 Capital Expenditures Capital Projects 0.00 Subtotal Capital Expenditures $0.00 Total Expenditure Budget $862,720.00 Total Estimated Assessment $784,130.00 Less Anticipated Delinquencies (15.430.00) Total Estimated Revenue $768700.00 Plus Operating Reserve Fund Contribution 94.020.00 Total Expenditure Budget $862,720.00 Total Estimated Assessment $784,129.73 Total District EDU Count 44,126.68 Actual Assessment per EDU -Fiscal Year 2012/13 $17.77 Maximum Allowable Assessment er EDU -Fiscal Year 2012/13 $17.77 `Includes rounding as each parcel's annual assessment must be rounded down to the nearest even cent for County tax roll purposes. Street Lighting Maintenance District No. 1-City of Rancho Cucamonga Fiscal Year 2012/13 P152 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 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, 2012 Reserve Fund Balance $997,086.00 Operating Reserve Contribution -Fiscal Year 2012/13 (94,020.00) Operating Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $903,066.00 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 Trainino: International Municipal Signal Association (ISMA) Certification. The cost is split evenly between all of the City's Street Light and Maintenance Districts. Membership Dues: ISMA dues. The cost is split evenly between all of the City's Street Light and Maintenance Districts. Utilities -Telephone: This item includes the costs for master controllers for dial-in data lines for uploading, downloading and observing system operations for traffic signals. 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 Street Lighting Maintenance District No. 1-City of Rancho Cucamonga Fiscal Year 2012/13 P153 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 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. 1-City of Rancho Cucamonga Fiscal Year 2012/13 P154 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 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 patkways. 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. 1-City of Rancho Cucamonga 9 Fiscal Year 2012/13 P155 • 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 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. Street Lighting Maintenance District No. 1-City of Rancho Cucamonga 10 Fiscal Year 2012!13 P156 Land-Use Equivalent Dwelling Units Pro ert T e Coun Use Code EDU Value Multi tier 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 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 2012/13 maximum allowable assessment rates for the District: Maximum Property Type Allowable Actual (County Use Code) Assessment Rate Assessment Rate Total Total er EDU er EDU Units/Acres EDUs Single Family Residential $17.77 $17.77 27,573.00 27,573.00 Multi-family Residential 17.77 17.77 10,387.00 10,387.00 Non Residential 17.77 17.77 3,083.30 6,166.60 The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Street Lighting Maintenance District No. 1-City of Rancho Cucamonga 11 Fiscal Year 2012/13 P757 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Street Lighting Maintenance District No. 1 -City of Rancho Cucamonga 12 Fiscal Year 2012/13 P158 ~ a ~+ ~ ~ V '~ ~ cn w y ~ J r ~ 4 ~ ~ ~ 0 ~ U ~ o ~ ~ ny /~aay~ ~ r ~ ~ ~ ~ J ti' o ~ ~ N C m _ ~ y O ~~/ ~ ~ m o o 3 ~ ' ~ ~ Q ^d lSe3 v~ ~ s ~ ny epueMg3 .~ J ~.. w ny ~alsayoo~ n as sa ~o d ; u a y ny ua~{yl!W ny aa~1!II!W nd uaneH ny uaneH ny esoui~aH ny esoua~aH ny pleq!yo~b' ny Pleq!yo~t/ ny ueu~IlaH ~ ny ueuallaH ~ ~ w ny pae~(au v !n ~S ue!lau~e~ ~8~~pp277 gi'62 ~~3~'E ~~ &~ ~ FC L ~~ ~B ~cat ~ C _ m ~ ny anal ~ .~i y&¢t§~~~~~$_d ~" 8~~~g9~ 5~ ~ GJ +~+ O ~ ~ ~$g$ ga~~~7E~~~~S _ -o (n ~MMq W ,,O1 I L Q i;~~~~~ygg~gF£~y ~ ~F m ~1 .. di Fg fl~~a 2 y $P ~L~ ~ m _ ~ R p fi; 665~" Qg P ~~ ~ ~ ~ ,~d E Y ~; z_s ..~ ro ~ ~fRPg ~gaca B'~5~~&~e ~[~ ~ ' ~ / .r ~` y V ~~ a apt ~ Sot e 6 ~ ~ ~ ~ 7 E aA B ~t 56E P159 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012/13 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 $17.77 27,573.00 27,573.00 $489,972.21 Multi-family Residential 17.77 10,387.00 10,387.00 184,576.99 Non Residential 17.77 3,083.30 6,166.60 109,580.53 TOTALS 4,1043.30 44,126.60 $784,129.73 Property Type Coun Use Code Actual Assessment Rate er EDU Total Units/Acres Total EDUs Actual Assessment Single Family Residential $17.77 27,573.00 27,573.00 $489,972.21 Multi-family Residential 17.77 10,387.00 10,387.00 184,576.99 Non Residential 17.77 3,083.30 6,166.60 109,580.53 TOTALS 4,1043.30 44,126.60 $784,129.73 A copy of the full assessment roll is available for review in the City Clerk's office. Street Lighting Maintenance District No. 1-City of Rancho Cucamonga 13 Fiscal Year 2012113 P160 Annexations The following annexations are effective for the 2012/13 Fiscal Year: Assessor's Annexation Total Total Property Type Parcel Number Date Pro'ect Units/Acres EBUs Coun Use Code 0225-191-12 03/02/11 TR 17651 56 SFD 56.00 Single-Family Residential 0226-102-02 03/02/11 TR18708 7 SFD 7.00 Single-Family Residential 1077-422-21, 22 04/06/11 TR 18782 192 Units 134.40 Multi-Family Residential and 1077-422-25 0225-161-65 and 07/06/11 TR 18032 23 SFD 23.00 Single-Family Residential 0225-161-71 0227-131-03, 08 01/18/12 TR 18806 33 SFD 33.00 Single-Family Residential and 0227-131-62 0207-022-56 03/07/12 DRC2011- 1 SFD 1.00 Single-Family Residential 00645 Street Lighting Maintenance District No. 1-City of Rancho Cucamonga 14 Fiscal Year 2012/13 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Street Lighting Maintenance District No. 2 (Local Streets) P161 P162 CITY OF RANCHO CUCAMONGA STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P163 TABL-E 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 9 General ................................................................................................:......................9 Special Benefit ...............................................................................:...........................9 General Benefit ........................................................................................................10 Method of Assessment Spread ................................................................................10 ASSESSMENT DIAGRAM ASSESSMENT ROLL 12 13 Assessment Roll .......................................................................................................13 Annexations ..............................................................................................................13 P164 ENGINEER'S LETTER WHEREAS, on June 20, zolz 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.-12-ue2, 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 2012/13 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 2012/13 Total Estimated Assessment $348,470.00 Less Anticipated Delinquencies 16 660.00 Total Estimated Revenue $331,810.00 Less Reserve Fund Collection 15 160.00 Total Expenditure Budget $316,650.00 Total District EDU Count 8,718.32 Actual Assessment per EDU $39.97 Maximum Allowable Assessment per EDU $39.97 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the 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: Street Lighting Maintenance District No. 2-City of Rancho Cucamonga Fiscal Year 2012113 P165 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. /~.a f ~. ~. M St er or 6~E~nee rvices, City Engineer Street Lighting Maintenance District No. 2-City of Rancho Cucamonga Fiscal Year 2012/13 P166 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 far 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 adapt 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 ariy 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 f ling 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 the State of California in November 1996 added Article XIII D to the California Constitution imposing, Street Lighting Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2012113 P167 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 Fiscal Year 2012/13 P168 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 2012/13 P169 z s,>_3. N N m r ~~, a~ ~ N m W U ~ ~ (n !A U • ~ 1 -- J ~ ~ o _ ~"• ~~ ~ _'_ ~ 3 _ ~ I t ~ s~ m _ _ ~ y = ~ m ~ ~ ~ - ~~ ~ t ~_:. 11 „~~ kAV 1SV3~ ~ '_~ _~~ ^ tllse3 N ~ > s ,~:1 t ~ ~ t l; _ O ~ ~ 1 z ~ dF 1 ;~ ~ ~ ~.~ ~F~ ~ ~ ~ I I~y - ~ ~ r .L ~ ny eCUeMy3'/1bb~Nbl x N~ $ '" AV~tlONVM113 ~i'_ ~ k S~% lJ Puexy3 N t3 ; I N_ ~~ ~ ~ II~~ ~I I~~ ~~ ~ ~~ l ~~ ~ .. .~ ° ~A- T:I1~ ~'~ 118 N3321~,AY4 = 'v ~.~f ~'~^ S ~ N ....~ ti a _ ' ' 3 y ~ nva3is3H~oa lf; _~ i ~ 2 f ~a - Isayxa Cy - - ~ r~'~~='_ 1~= r_~ st N ~arnnW _ - r.~..~. F Z <~~I O (/~NLN3NIllIW ~` I_ T m O C Lam. i m N ~ i~" I~ . u 1 ~ =-~ W L Q I k_ m ~ _ ~ ~ t m N C~ v J o -I ~ 3~ _ - " ~ rv AV N3AVH k `O tluaneH ~ ~ ~ ~ 'n J ~ n esowuH W y ~ H ~ VI ?~ v1 Q NV•VSOW?J3H m esowie mJ - ~,i ``~ Z ~ ~ _ .N ~ ^tl We ~. Z t O n eQlyaN ~ - i-~ ~ ~ ~ W htl OlV81H~LIV N w ~ F y _ ~AH•1SA`H13WN .. o U = ^tl~uewllaH '- AV IJU,Wll3H ~ ~tl uew~~aH N c 2 Vl f ~ ~ a I _ 1S l~~ 8 ,I, Y I x -. ~~ 1 ttt - --~~ Z rn ` '.b tl We6euip m ~ ~ ~~ N t- IS ueilawep ~ 3 2 N a ~ lS NtlIl3NTJV~ i. O ~ x \\ W + ~ m s': <3 i - ~ ~ Q~ a e$ g e J C y 5' I = 1S 32JIHd'd~ m ~ Ee€ ze35z' aE ~~J~ylr~ ~ m m p L tl a^Ol~ _ S i 5 e M C E S G E e' ~ E T , r ~ L 5 .?%Lc O 0 SpE~°.§_~5 y' m 8 a gee `.Ge^m~S~SYi~p ~~G'nm _o~c < m m E ° Z oz =_ 3 ~y5 r s : gs ~ 2E i 9 aEY ~€ d5 8- 3~ Y .. _= v ~Ai~3„?~~5~va 33 E'mca P170 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 2012/13 Bud et Personnel Services Regular Payroll $0.00 Part-time Salaries 0.00 Fringe 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 278,170.00 Assessment Administration 36,330.00 General Overhead 2,150.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $316,650.00 Capital Expenditures Capital Projects 0.00 Subtotal Capital Expenditures $0.00 Total District Expenditure Budget $316,650.00 Total Estimated Assessment $384,470.0 Less Anticipated Delinquencies (16.660.00) Total Estimated Revenue $331,810.00 Less Operating Reserve Fund Collection (15.160.00) Total Expenditure Budget $316,650.00 Total Estimated Assessment $348,471.24 Total District EDU Count 8,718.32 Actual Assessment per EDU -Fiscal Year 2012/13 $39.97 Maximum Allowable Assessment er EDU -Fiscal Year 2012/13 $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 Street Lighting Maintenance District No. 2-City of Rancho Cucamonga 6 Fiscal Year 2012/13 P171 maintain the improvements for the upcoming fiscal year. The actual assessment per EDU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City 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, 2012 Reserve Fund Balance $0.00 Operating Reserve Contribution -Fiscal Year 2012/13 0.00 Operating Reserve Collection -Fiscal Year 2012/13 15.160.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $15,160.00 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 Trainin :International Municipal Signal Association (ISMA) Certification. The cost is split evenly between all of the City's Street Light and Maintenance Districts. Membership Dues: ISMA dues. 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 Ciry staff time for administrative functions and Street Lighting Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2012/13 P172 systems that provide for a functional and operational assessment district within the City's administrative structure. Capital Expenditures: vital 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 2012/13 P173 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 fairty 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. 2 -City of Rancho Cucamonga Fiscal Year 2012/13 P174 • 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 tieen 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 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. 2 -City of Rancho Cucamonga 10 Fiscal Year 2012/13 P175 Land-Use E uivalent Dwellin Units Pro e T e Coun Use Code EDU Value Multi tier 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 identifed 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 2012/13 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 $39.97 $39.97 6,575.00 6,575.00 Multi-family Residential 39.97 39.97 2,063.00 2,063.00 Non Residential 39.97 39.97 40.16 60.32 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 2012/13 P176 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 2012/13 P177 N a) in (0) 'i Cl)Yid , Q!h N 0 A c I c U ig i JI1 ny�(,iayn 4 CO cc c:DL0 O N � = CD cc Cl) i Co t O �' m LL Q CU 1 _.._.._.._.. ® AV lse3 in I ny epuemu AV epuemild ... i J led I `..\ ie Naaao Ae4.._.._ AV aalsayooj i n as sa o0 1 y 1 y 2i i AV uamI!W r._.._.._.._.._.._ I AV uaN!II!IN Ay ny uaneH y uaneH Ay esowJaH ° Ay esowaaH ^V Pleq!yo�y ^y Pleq!yoay AV uewllaH AV UewllaH co s w p e�t AV 8U!A is ue!laweD 111111;11¢91 ct �. w AV anoa9 a �% °` m U) s1' °g J Iiiihi!iiit € co O Q 2' c m L. .11 gs$3 F s w as m � I �� 14,g e$ag $ .3 P178 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012/13 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 $39.97 6,575.00 6,575.00 $262,802.75 Multi-family Residential 39.97 2,063.00 2,063.00 84,458.11 Non Residential 39.97 40.16 80.32 3,210.38 TOTALS 6,678.16 8,718.32 $348,471.24 Property Type Coun Use Code Actual Assessment Rate er EDU Total Units/Acres Total EDUs Actual Assessment Single Family Residential $39.97 6,575.00 6,575.00 $262,802.75 Multi-family Residential 39.97 2,063.00 2,063.00 84,458.11 Non Residential 39.97 40.16 80.32 3,210.38 TOTALS 8,678.16 8,718.32 $348,471.24 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following Annexation is effective for the 2012/13 Fiscal Year: Assessor's Annexation Total Total Property Type Parcel Number Date Pro'ect UnitslAcres EBUs Coun Use Code 0207-022-56 03/07/12 DRC2011- 1 SFD 1.00 Single-Family Residential 00645 Street Lighting Maintenance District No. 2 -City of Rancho Cucamonga 13 Fiscal Year 2012/13 P179 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Street Lighting Maintenance District No. 3 (Victoria Planned Community) P180 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 L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P181 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 ASSESSMENT ROLL 12 13 Assessment Roll .......................................................................................................13 Annexations ..............................................................................................................13 P182 ENGINEER'S LETTER WHEREAS, on June zo. 2012 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.1z-os2, 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 2012/13 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 2012N3 Total Estimated Assessment $350,570.00 Plus Anticipated Delinquency Penalty 3 230.00 Total Estimated Revenue $347,340.00 Less Reserve Fund Collection 15 960.00 Total Expenditure Budget $331,380.00 Total District EDU Count 7,435.16 Actual Assessment per EDU $47.15 Maximum Allowable Assessment per EDU $47.15 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. 3 -City of Rancho Cucamonga Fiscal Year 2012/13 P783 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 of ngi eerin rvices, City Engineer Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga Fiscal Year 2012/13 P184 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 ar 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 the State of California in November 1996 added Article XIII D to the California Constitution imposing, Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga 3 Fiscal Year 2012/13 P185 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 owher 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 Fiscal Year 2012/13 P786 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 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. 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. 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X41-1SlFSt~l7 ilII1 r~A Ilin`mun I~`-\ F4:€ E_?s~aa~~ sx P788 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 Budget Estimated 2012/13 Bud et Personnel Services Regular Payroll $22,090.00 Part-time Salaries 13,340.00 Fringe Benefits 12.300.00 Subtotal Personnel $47,730.00 Operations and Maintenance Training $180.00 Membership Dues 30.00 Operations and Maintenance 9,940.00 Equipment Operations and Maintenance 0.00 Contract Services 0.00 Utilities Telephone Utilities 0.00 Electric Utilities 233,800.00 Assessment Administration 35,190.00 General Overhead 4,150.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $283,650.00 Capital Expenditures Capital Proieds 50.00 Subtotal Capital Expenditures $0.00 Total District Expenditure Budget $331,360.00 Total Estimated Assessment $350,570.00 Less Anticipated Delinquencies 3.2( 30.001 Total Estimated Revenue $347,340.00 Less Operating Reserve Fund Collection (15.960.001 Total Expenditure Budget $331,380.00 Total Estimated Assessment $350,567.77 Total District EDU Count 7,435.16 Actual Assessment per EDU -Fiscal Year 2012/13 $47.15 Maximum Allowable Assessment er EDU -Fiscal Year 2012/13 $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 Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga Fiscal Year 2012/13 P789 maintain the improvements far the upcoming fiscal year. The actual assessment per EDU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City 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, 2012 Reserve Fund Balance $1,051,670.00 Operating Reserve Contribution -Fiscal Year 2012/13 (0.00) Operating Reserve Collection -Fiscal Year 2012/13 15.960.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $1,067,630.00 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 Training: International Municipal Signal Association (ISMA) Certification. The cost is split evenly between all of the City's Street Light and 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 Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga 7 Fiscal Year 2012/13 P190 systems that provide for a functional and operational assessment district within the City's administrative structure. Capital Expenditures: Caoital 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. 3 -City of Rancho Cucamonga Fiscal Year 2012/13 P791 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 distnct maybe apportioned by any formula or method which fairly distnbutes 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. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga Fiscal Year 2012/13 P192 • 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 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 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. 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 2012/13 P193 Land-Use Equivalent Dwelling Units Pro ert T e Coun Use Code EDU Value Multi tier 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 2012/13 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 $47.15 $47.15 6,347.00 6,347.00 Multi-family Residential 47.15 47.15 589.00 589.00 Non Residential 47.15 47.15 249.58 499.16 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 Nb. 3 -City of Rancho Cucamonga 11 Fiscal Year 2012/13 P194 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 2012/13 P195 M ~.. V ~~ ~ N ~ ,w , v! J M ~ ~ I ^ ~ c ~ U ~n o i~, ~ ny wa4~ m as ti V ! 1 I I i N /~ ~ \ C _ r 1 J m = R o ~ 1 N ~ 3 ~ m o ~ 1 1 u°. - i - ~ _.._. _.._ -..- -..-.. inVlse3 v~ G i ® 1 v yr j i ny epuenn!13 - - - _.._.._.. ~ ny epueMg3 •~ i ?.a i ~~ rr ~8 >laaa~ ~(ea ` i a_.._.._.._.._.._.._..1 I y ny ~alsayooa ! -- n ~a sa o0 I V 1 4 a 1 .~..~ i i 1 ~ - ~ ny ua~!II!W r._.._.._.._.._.._--- _ _ --- ~ i ny ua~!II!W i i i i i i ny uaneH ~- -- - i -- - - _I i nt/ uaneH i i ny esow~aH j - - - - - - ! ny esow~aH i 1 ny Ple4!yoab' ~- - - - - - - o nV PIeQ!yo~V ny uewllaH i i - - -- - ~•~" ~ ny uewllaH i P' = r ~ ~ ~ ny p eRau v !n 1Sue!lawe~ ~ -- - -- -=~ i ~ ~~ 1 5~ ~M ._~ ~£`.~nfU bk •~' ~ N L O a0 ~®~ag%E Eta 86 C m LL sY?sa sg$3rs~ O ~• ~3~43 a ~m ;'s° ~ ' O (q (6 Y5S&F~='~~ C 5s~~a £Vee€4 4 m g p p d€~£sP $~ee~Es U 4°, aez„sr e?, ~ PpQp~g in Ea ~ { ~ (ZJ~ ~ 5 °¢d~e@S 4a W~ ~~ ` ~ ~ U 8«~ i~~ ES~' ~B~a H?~Pes E2 P196 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012113 maximum and actual assessments for the District: Property Type Coun Use Code Maximum Allowable Assessment Rate er EDU Total Units/Acres Total EDUs Maximum Allowable Assessment Single Family Residential $47.15 6,347.00 6,347.00 $299,261.05 Multi-family Residential. 47.15 589.00 589.00 27,771.35 Non Residential 47.15 249.58 499.16 23,535.37 TOTALS 7,185.58 7,435.16 $350,567.77 Property Type Coun Use Code Actual Assessment Rate er EDU Total UnitslAcres Total EDUs Actual Assessment Single Family Residential $47.15 6,347.00 6,347.00 $299,261.05 Multi-family Residential 47.15 589.00 589.00 27,771.35 Non Residential 47.15 249.58 499.16 23,535.37 TOTALS 7,185.56 7,435.16 $350,567.77 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no annexations effective for the 2012/13 Fiscal Year. Street Lighting Maintenance District No. 3 -City of Rancho Cucamonga 13 Fiscal Year 2012/13 P197 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Street Lighting Maintenance District No. 4 (Terra Vista Planned Community) P198 CITY OF RANCHO CUCAMONGA STREET LIGHT MAINTENANCE DISTRICT N0.4 (TERRA VISTA PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P199 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 9 General ....................................................................................................................... 9 Special Benefit ...........................................................................................................9 General Benefit ........................................................................................................10 Method of Assessment Spread ................................................................................10 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL 13 P200 ENGINEER'S LETTER WHEREAS, on June zo, 2oiz, 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.12-osz, 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 2012/13 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 2012/13 Total Estimated Assessment $159,510.00 Plus Anticipated Delinquency Penalty 3.570.00 Total Estimated Revenue $163,080.00 Plus Reserve Fund Contribution ~ 26 730.00 Total Expenditure Budget $189,810.00 Total District EDU Count ~ 5,508.06 Actual Assessment per EDU $28.96 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 Fiscal Year 2012/13 P201 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 Benefted Parcel which exceeds the reasonable cast 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. A. Sf~Er'Director Of EngineeringBervices, City Engineer Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga Fiscal Year 2012/13 P202 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 the State of California in November 1996 added Article XIII D to the California Constitution imposing Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga Fiscal Year 2012/13 P203 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 Fiscal Year 2012/13 P204 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. 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 5 Fiscal Year 2012/13 P205 __ T1J7' ~u t _~1-iyI_v I. i_i.iiuyu i ~ - U~au V-LI_I_I_1 l_1J I.IJ L ', I ~I- LI_f._I_l_1_L"-'-'- ~ ' J rrrrrrnrrrrrrrrrrr~ -r rTrni rrrrrrrrl~m-rrn~t l -1~-m-m - J 7 ~ ~ a a l-n c y a o '-f •r ~ _ ~~• ~vLaal~3HOOa ~i~IILfrII~'lll~/ \ ROC i ~ .~7 _ p ' ~~,~ O • I E~~~ - ~ ~ ~ - '`~ ~ ~ _ __ _ ~ n•~/ J ,JYY }} ~ = r, ilIIIU G~ j ~' ~'" -- '~ P.ll LJ ~ ` `1.~1 - Z ~ ~~SI///V /~~J ~.`v~ ~~ ~~ ~~ ~_ ~ X11[1=a _ •_. m ~_ ~ ~~uu o ~g ~rD7P ®' ~ L ~ ` ~~ _ fly - ~~~ ~, YQ ~ ~ ~~~ _, - __~- -_ _ - ~ V B - w : hV N3HIllIWm-~ - ~~ pw l~-'~ •_ - } ~ ~ ~- _ -~- _ o ~ _ w --m _~ _ ~ 3 ~ ~ ~ ~ ~ ~~ W Y _ _ _ - In m V. ~ K ~ v. Ali . ~ J it 'V-____ ~ . 1. _ \ • QIpTUQIID - - \n, 1 / "" . ~ N SOY I']~~~I~~ _ i~ }OQQ ~ ~ ~ ~i+ ~~~ ~ ~ - LLL- ~ -17~~~`~ 1~i5 ~l - ~ITIIlil 7~r 6 ~ _ ~ ~o _ ._- _ 1% / ~ _ _.~ /~~ ~ I F ti g ~ -jam J 'a ~_ G fi _ • i''f>*'/i. ~ '`~C/I~• //~ II--' '~~M~('l -T~~ - '-~ ~ ~ ~,4 ti §~~. g9~8 fr9 y2 ~.p55 ~/n ' ~_~ ~ ` / 59ygs tae ~6gEa e.~~~ - 'I'l/~`J/~~ ~ J ~ y ' Ba$@-9555 • ~ ~ ' ~~g 5 r= .• ~{[/~ III L_-. _. (~~ ~ ' /~T ~ , , n~. ~ ~ .- ~/1/ ~` f-' ~ ~ / • ~ ~/~h ~ ~iT- I~ ~,~ ~ j ~S ~ 5 '~I {/) j\j ;/~( K / ~ r ' I / "~ y T ~ / / e ~ t if ~e ~ e .. ~ a ~ 5 3 ~ ~ ~~~r ~. ~/\~ ~ - J I e gs ear5a ~~ax E` LI ,' / -•. ~ ~~ ~~' "_ C ~~~Ee 3g. P tae ~S • I I ~ ~' ~S~g [g a~E3g Sx5 3 ff -e s y g a e @ 3 ~~ ~ ~,1~,~T ~~IUUU ~C ~ - ~\ Qb 1 1- .~ ., ~ f ~ ~ e E S G a _ Q ~, Y ~}~q~~ { ~,.~ a~~.• 1 ~~& 2E Y a3e ~Jg ~~ _• t fi ~~~ ~~ L , ~ 5 ItAUa. i I`Irr`I II S d L h~f ® 'HAVEN ll1j1 J ~ ~~ ~ l ~ _ _ c _ .~ ~ _ _- - 1 .IL 1 I a I. R- 11117nd N3hV H TlTlril n l ~'.TTTI 17l 171-I C1 I-(,l ~ ~I ( ~ ,~.1 '1 ~ f ~~~.~ 4 l r P206 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 2012/13 Bud et Personnel Services Regular Payroll $22,080.00 Part-time Salaries 12,700.00 Fringe Benefits 11.780.00 Subtotal Personnel $47,730.00 Operations and Maintenance Training $180.00 Membership Dues 30.00 Operations and Maintenance 4,940.00 Equipment Operations and Maintenance 500.00 Contract Services 0.00 Utilities Telephone Utilities ~ 0.00 Electric Utilities 110,060.00 Assessment Administration 22,990.00 General Overhead 3,380.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $142,080.00 Capital Expenditures Capital Projects 0.00 Subtotal Capital Expenditures $0.00 Total District Expenditure Budget $189,810.00 Total Estimated Assessment $159,510.00 Plus Anticipated Delinquency Penalty 3.570.00 Total Estimated Revenue $163,080.00 Plus Operating Reserve Fund Contribution 26.730.00 Total Expenditure Budget $189,810.00 Total Estimated Assessment $159,513.41 Total District EDU Count 5,508.06 Actual Assessment per EDU -Fiscal Year 2012/13 $28.96 Maximum Allowable Assessment er EDU -Fiscal Year 2012/13 $28.96 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 Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga Fiscal Year 2012/13 P207 maintain the improvements for the upcoming fiscal year. The actual assessment per EDU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City 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, 2012 Reserve Fund Balance $553,630.00 Operating Reserve Contribution -Fiscal Year 2012/13 (26,730.00) Ooerating Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $526,900.00 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 Training: International Municipal Signal Association (ISMA) Certification. The cost is split evenly between all of the City's Street Light and 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 Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga 7 Fiscal Year 2012/13 P208 systems that provide for a functional and operational assessment district within the City's administrative structure. 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: 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. 4 -City of Rancho Cucamonga Fiscal Year 2012/13 P209 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 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. 4 -City of Rancho Cucamonga Fiscal Year 2012/13 P210 • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautifcation, 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 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. 4 -City of Rancho Cucamonga 10 Fiscal Year 2012/13 P211 Land-Use E uivalent Dwellin Units Pro e T e Coun Use Code EDU Value Multi tier 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 bean invalid parcel number far 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 2012113 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 $28.96 $28.96 2,652.00 2,652.00 Multi-family Residential 28.96 28.96 4,726.00 2,363.00 Non Residential 28.96 28.96 246.53 493.06 The total amount of maintenance and incidental costs for maintaining the streetlights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga 11 Fiscal Year 2012113 P212 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga 12 Fiscal Year 2012/13 P213 `1V 'i w D C C `~~1 C r.. .~ •1.r w y ny ua~!II!W c N ny epuein!33 g ~aaJ~ .(ea ny Jalsayooa ' N .~ J ~ ~ ~ ~ C U ~ ~. S ~ ~ ti,r N N 0 ® `~ 0 N O ny lsel ~ t v ..i_.._.._ . ny epueMy3 - - ! ny Jalsayooa i ~- ! ny ua>I!II!W ny i(JJa4~ N C CO ~ ~ 3 ~ Y ~ a o m ll Q ny uaneH ~ -- ~~ i i _ ny esowJaH i - - - i nb' Pleq!yoJH ~- - - ~ - - i ny uewllaH i - --~- - - - 1 ~ I i 3S uepawe~ i - - - - , - - - ~3 Vf L - - - -- -j ny uaneH i ~ - -- - - -- my esowJaH 1 i - -- any Pleq!yoJN i ~.•~-' ~ ny uewllaH ~t'~ r r V ny p e~(au!n i ..i Lt. / 1 SS$ y ~Ep~i{ ,l !L' 'Z r.._: _'.L. ..___ _ _r nd aAOJ~ a~€sn 6~Pd~$g~ggig FF gapap yyin ~ •~' O) N O O W ~E~b ~t~E~~&' m ~~ 8i 3 ~_ T ~~~~~=~~~~s~ ~c ~~' ,E m 4ppppppp %~ &pe~i°` e3 ~a~~~~aye°g6~~~ d'o Lb 9oebp „`g5 E2u'Ggl~@E@EP .S ~P~a&E1@b~. 6! P214 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012/13 maximum and actual assessments for the District: Property Type Coun Use Code Maximum Allowable Assessment Rate er EDU Total Units/Acres Total EDUs Maximum Allowable Assessment Single Family Residential $28.96 2,652.00 2,652.00 $76,801.92 Multi-family Residential 28.96 4,726.00 2,363.00 68.432.48 Non Residential 28.96 246.53 493.06 14,279.02 TOTALS 7,624.53 5,508.06 $159,513.41 Property Type Coun Use Code Actual Assessment Rate er EDU Total Units/Acres Total EDUs Actual Assessment Single Family Residential $28.96 2,652.00 2,652.00 $76,801.92 Multi-family Residential 28.96 4,726.00 2,363.00 68.432.48 Non Residential 28.96 246.53 493.06 14,279.02 TOTALS 7,624.53 5,508.06 $159,513.41 A copy of the full assessment poll is available for review in the City Clerk's office. Annexations The following Annexation is effective for the 2012/13 Fiscal Year: Assessor's Annexation Total Total Property Type Parcel Number Date Pro'ect Units/Acres EBUs Coun Use Code 1077-422-21' 22 04/06/11 TR 18782 192 Units 96.00 Multi-Family Residential and 1077-422-25 Street Lighting Maintenance District No. 4 -City of Rancho Cucamonga 13 Fiscal Year 2012/13 P215 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Street Lighting Maintenance District No. 5 (Caryn Planned Community) P216 CITY OF RANCHO CUCAMONGA STREET LIGHT MAINTENANCE DISTRICT NO. 5 (CARYN PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P217 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 ASSESSMENT ROLL 12 13 Assessment Roll .......................................................................................................13 Annexations ..............................................................................................................13 P218 ENGINEER'S LETTER WHEREAS,.on June 20.2otz 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.tz-oez, 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 2012/13 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 2012/13 Total Estimated Assessment $44,150.80 Less Anticipated Delinquency Penalty 2 020.00 Total Estimated Revenue $42,130.00 Plus Reserve Fund Contribution 28 340.00 Total Expenditure Budget $70,470.00 Total District EDU Count 1,276.00 Actual Assessment per EDU $34.60 Maximum Allowable Assessment per EDU $34.60 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"). 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. 5-City of Rancho Cucamonga Fiscal Year 2012113 P219 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. Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2012/13 P220 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 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 the State of California in November 1996 added Article XIII D to the California Constitution imposing, Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga 3 Fiscal Year 2012/13 P221 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. Aker 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. 5 -City of Rancho Cucamonga Fiscal Year 2012/13 P222 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 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. 5 -City of Rancho Cucamonga 5 . Fiscal Year 2012/13 P223 J/ \ I~ I ~L ~ ti/ I I I i V 1 t~ l l~ l l l l l l V // I I I I I I I I~ I LLLi1LLIJ_I~_ ~ Z __. -__-_ _____ _-..__________ __ _ _ Z ~ a LL ~ O _ w r Ol Z' 'O _ N C _. I O f-- N N ~ y C O ~ (~ ~ m ~ U _T ~ to U fq ~ ~ ~ - - - -~ - ~-, - - -j ~- I I --- li - -_ • -(• •~- ~~ • ++ ~~_ ~-I~ F~~~j ~_ ~ -I ~/~ - _ Z W ~~~~ F- - `I h_ -_II 1 '7 ~ ~ N - ~L Q Z --~5 ._ ~ ~~~ ~ ~ ~ I_~~~ ~ , T y a m h. ~ ~ ~~ ~ ~ ~ _ ~ ~ ' _ !j . - J - _ _ _ , ~ '~ .~ -. ~~ ~ ~ __ - ~ ~ j /_ ~ , l~ p ~` - - - W ____________________ _ __ _ • _ ~ ~ % ~ __ _ _O - F\IJ ~ ~ ~-LL J _ / O ~~ ~ r ~ _ ~ ~~_~~~ ~~~ ~(• f ~ll ~~ ~ ~~ h~r `~ ~p ~..J ~ ~ J ~ k~-~~ ~ ~ ~ Z t N ~ Z ~~ J ~ ~ ~ ._j. 11-a uJ~ I4 - ~ _ -c• _ -_ LTJ - ~~ ~ ~-_.~ ~ •1! ~~ --' ~ - ~ -_ ~~ `~ ~ i _ a ~l ~j ]~ ~ O N ~ ~~ W _ Y _ '~-L r- y -xi N i y ~ - ~ -1 ~-- ~ ~~_i ~~~ ~~ ~ I ~T1) N ~ _ -I - -~ ''/^~ v/ - -- -- AV N3NIllIW ~~TIl?ILT?~ :_~~IZT~~~ //~ ~-U ~" X11v ` : - T_1= - ~ L[J 1 ~ - ~,~ C _ v ~ v/ ~~ '~ -~~ ~` 1~- ~ ~ ~ }~ ~ r ~ c _ _ ~~_S^`e is i' _ ~~ ~ ~ _~ • ~~ / K ~Ci~~ ~ ~~ f 1~4" h I _ ~®soxgz€€ SS e ~ J I ~ \ _ ~ _~`~ r ~i~ • i /~ ~~ J ~-'~- Ii ~~ o `-~1~Y~T~~~~1 ~11~1~11 /IiIII~~~N tai G 9,~ ~Y 3 elf `a S`ae €~c a -a a ~s a °~~x tt 1 _ I - -` ` L ~ x ~ ~ ~ I '/ .. -Z~ i a _ -I ,. a ~J I{r~ - _ ~ ~ \~I ~~ l ~ l \ 4~~1 1~] 1 J ~i ~ ~ S . i .b,Z c .~ _ ~ E C ~ ~ E ~ = A 3. 'e F°a~~3 ~'.5 °F ~~es ~r S _ . ~ P224 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 Budget Estimated 2012/13 Bud et Personnel Services Regular Payroll $6,900.00 Part-time Salaries 0.00 Fringe Benefits 3.240.00 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 Contrail Services 0.00 Utilities Telephone Utilities 0.00 Electric Utilities 44,530.00 Assessment Administration 7,020.00 General Overhead 1,130.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $60,330.00 Capital Expenditures Capital Projects 0.00 Subtotal Capital Expenditures $11.00 Total District Expenditure Budget $80,700.00 Total Estimated Assessment $44,150.80 Less Anticipated Delinquencies 2 O( 20.801 Total Estimated Revenue $42,130.00 Plus Operating Reserve Fund Contribution 28.340.00 Total Expenditure Budget $70,470.00 Total Estimated Assessment $44,149.60 Total District EDU Count 1,276.00 Actual Assessment per EDU -Fiscal Year 2012/13 $34.60 Maximum Allowable Assessment er EDU -Fiscal Year 2012/13 $34.60 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 Street Lighting Maintenance District No. 5-City of Rancho Cucamonga Fiscal Year 2012/13 P225 maintain the improvements for the upcoming fiscal year. The actual assessment per EDU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City 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, 2012 Reserve Fund Balance $43,100.00 Operating Reserve Contribution -Fiscal Year 2012/13 (28,340.00) Operating Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $14,760.00 II 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 Training: International Municipal Signal Association (ISMA) Certification. The cost is split evenly between all of the City's Street Light and 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 Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2012/13 P226 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 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. 5 -City of Rancho Cucamonga Fiscal Year 2012/13 P227 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 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. 5 -City of Rancho Cucamonga Fiscal Year 2012113 P228 • 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 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 2012113 P229 Land-Use E uivalent Dwellin Units Pro ert T e Coun Use Code EDU Value Multi tier Single Family Residential 1.00 Parcel The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and 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 bf the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2012113 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 $34.60 $34.60 1,276 1,276 The total amount of maintenance and incidental costs for maintaining the streetlights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga 11 Fiscal Year 2012/13 P230 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Street Lighting Maintenance District No. 5 -City of Rancho Cucamonga 12 Fiscal Year 2012/13 P231 ~ ~ ~ ~~ V ~- y `~ ~E J In 0 c 0 ~ U N ~ 0 ~ ~ ~~~ ny i(ua4~ Cf y ~ C ~ .._.._.._.._ ~ J ti r O ~ i ~ u~ N C w 1 m ~ O j N m m ~ 0 3 0 ,~ 1 ll Q 1 i i ny lse3 in ® 1 •1.r 1 v .C i ny epuenn!~3 -'"-"- i ny epueMB3 •~ ~ - i J ~ i ~1.. 1 ~ ~8 ~aaa~ ~eQ - ' .._.._ ny ~alsayooa . y ny ~alsayooa ~.. i i-- ~ ny ua~!II!W f._.._.._.._.._.._- - i ny ua~!II!W i i i J ny uaneH ~ i jny uaneH i ! _ ny esow~aH my esow~aH nV PIeQ!4o~V j ' i ~ny PIe9!yo~b ny uewllaH i - ~.•~" ~ ny uewllaH j 't" L r v i i / ! ny P e~(au!~ 3S ue!lau~e~ ~ - -- - -~ i ~ i .• M~ ~.r~) Vi. gg p2 p2 ! E~~FP~Itb'~E ~ ~ 3g ny anal e~ 55 _.._..~_.._ .._.._. ~ a ~g`sl ,~ e ~ ~ ~ C m m ll Q s$~~n ~~a=s~ s ~sa T ~ ~ l ~~4~o a§e3;2 3° a m fi~'~[e[e~~@EE~~tlSi ~ ~ ~ ~' Oxo 403 E~g°2? °-puu'®gs 4yc~pRSp~ @~@~@8=°t=°5S ii y`"~ qa% ee,g~S ~~ E~$g 8.~lffF ~ P232 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 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 Single Family Residential $34.60 1,276 1,276 $44,149.60 Actual Property Type Assessment Rate Total Total Actual Coun Use Code er EDU UnitslAcres EDUs Assessment Single Family Residential $34.60 1,276 1,276 $44,149.60 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no annexations effective for the 2012113 Fiscal Year. Street Lighting Maintenance District No. 5-.City of Rancho Cucamonga 13 Fiscal Year 2012113 P233 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Street Lighting Maintenance District No. 6 (Commercial/Industrial) P234 CITY OF RANCHO CUCAMONGA STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIALIIN DUSTRIAL) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P235 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 Assessment Roll .......................................................................................................13 Annexations ..............................................................................................................13 P236 ENGINEER'S LETTER WHEREAS, on June zo, 2012 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.tz-osz, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 6 (Commercialllndustrial) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Engineer's Report for Fiscal Year 2012/13 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 2012/13 Total Estimated Assessment $129,490.00 Less Anticipated Delinquency Penalty 3 420.00 Total Estimated Revenue $126,070.00 Plus Reserve Fund Contribution ~18 300.00 Total Expenditure Budget $144,370.00 Total District EDU Count 2,519.35 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. 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 Fiscal Year 2012/13 P237 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. A. ~ Director of Engineering Services, City Engineer Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga Fiscal Year 2012/13 P238 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 propertyowner 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 the State of California in November 1996 added Article XIII D to the California Constitution imposing, Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga Fiscal Year 2012/13 P239 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 pf 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 2012/13 P240 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 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. 6 -City of Rancho Cucamonga Fiscal Year 2012/13 P241 .-. Z t N < o m Z' -o s ~, m c .qs 3 ~ ~ c O 3 m ~ m ~ ~ys~' U ~ ~ ntl~aaaH~ ~ U ~ ~' - -.._.. o ~ ' a ~ ~,. o ~, v 3 - ~ 1 I' ! ~ g rn ~' ~ 1 Atl:1Stl3 J ~i pr's ~ 0 ~ ~ < '~7 Z ~ nym~!v~~Ab ', N Ab'^tl4NVM113 ys~r a~~ia°"5 ~ Q ~ ~/ONyM113 ' '~ i i [ r- ~ ~ o ; i N L N 1 Od x • I _ F Y/ ~ ~ Ai yO ~ N • ~ 19-N33aa iva ,~ _ N Q y r~ {~ ntl ~I ~ SW ~ z Atl a31S3HO0a i~ C 5 ~i ~ C1 = k • .. ~wwam" y N f y 'a _ ~ ~ r.~..~. Z O (/Atl.~N3~IIllIW ~ m '~ ~ 4 0~ ~: I P Y L m rv f. w Q y ~ z a ~ ~ ~~ - O ~ w ~ y C = N_ o m x _° k ~ r a J ~ n semgy p :~ m ~., ~ . J _Q me-tlsowa3H J ~ 01 J ~ z °~ ~ _ ,,, 07 = o -N L N ~ ^Vp ~ W ~ ~ Atl OlV81H'JaH ^ Eawow•~r ~ ~ N = N .i N -Atl 1Sl:F113Wtl .m U ~' x . ^vE~rew N _ ~~ ~tl N6Wll3H k ny uaU7h4y'{'" m Z N 1 ~„ ls;iAa3a,~, $ i = f"Y I l I z m ;p F r ~y weTeu!~ m ~ ~ ...,.¢. ~ ~ ~5 wNeu>s~ ~ ~1S N'd_Il3Niltl9 ~ O m F w I ~ Q e Y.€~:a:z 4 a`e B _~ 1S 3aIHddVS ~ e~@,~~6~iz F5?=33 -a Es, z`a 5'~EC ~S3 "a 3F$3:3 66 ce'~3~ ..2 °~µ Zy E~C K CSC®= r5~gysE ~a`~iF ~~ P242 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 2012/13 Bud et Personnel Services Regular Payroll $22,090.00 Part-time Salaries 13,340.00 Fringe Benefits 12.300.00 Subtotal Personnel $47,730.00 Operations and Maintenance Training $180.00 Membership Dues .30.00 Operations and Maintenance 6,940.00 Equipment Operations and Maintenance 400.00 Contrail Services 0.00 Utilities Telephone Utilities 0.00 Electric Utilities 80,660.00 Assessment Administration 5,530.00 General Overhead 2,960.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $96,640.00 Capital Expenditures Caoital Projects $0.00 Subtotal Capital Expenditures $0.00 Total District Expenditure Budget $144,370.00 Total Estimated Assessment $129,490.00 Less Anticipated Delinquencies 3 4(.20.001 Total Estimated Revenue $126,070.00 Plus Operating Reserve Fund Contribution 18.300.00 Total Expenditure Budget $144,370.00 Total Estimated Assessment $129,494.47 Total Distdil EDU Count 2,519.35 Actual Assessment per EDU -Fiscal Year 2012/13 $51.40 Maximum Allowable Assessment er EDU -Fiscal Year 2012/13 $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 Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga 6 Fiscal Year 2012113 P243 maintain the improvements for the upcoming fiscal year. The actual assessment per EDU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City 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, 2012 Reserve Fund Balance $333,120.00 Operating Reserve Contribution -Fiscal Year 2012/13 (18,300.00) Ooerating Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $314,820.00 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 Training: International Municipal Signal Association (ISMA) Certification. The cost is split evenly between all of the City's Street Light and 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 Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga Fiscal Year 2012/13 P244 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 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 traffc 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 2012/13 P245 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 faidy 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 fhe 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. 6 -City of Rancho Cucamonga Fiscal Year 2012/13 P246 • 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 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 2012/13 P247 Land-Use Equivalent Dwelling Units Pro e T e Coun Use Code EDU Value Multi tier Non Residential 1.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and 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 2012/13 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 $51.40 2,519.35 2,519.35 The total amount of maintenance and incidental costs for maintaining the streetlights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga 11 Fiscal Year 2012/13 P248 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga 12 Fiscal Year 2012/13 P249 ~ ~ w ~~ V '~ w y c 1 C U (p in ~ a '° _~ ~ 0 V ~ j ny wa4~ y y ~ C ; .._.._.._..:i ~ J ti r Y o ~ ' I ~ ~ N C ~ j ~ N m D! o O C ' I m 3 ,~ ~ lL Q 1 - _.._. _.._ i ~ ®~ ny ise3 in t +.~ i v .C i ny epuennp3 - -- - -- ny epuennP3 ~~ ! - r„ _ J ! ~iFF{{} j~~{ ~ ~ I ~ ~j18 ~aa~~ ~ed.._.. y ny ~a~sayooa ~ - -i n ~a sa o0 ~ ~ d ~ y a ,~..~ i { -- ny ua~!II!W f._.._.._.._.._.._ _~ ----~ ny ua~!II!W ny uaneH ny uaneH ny esow~aH ny esow~aH nV PIe9!4o~V nV PIeQ!yo~b' ny uewllaH ~ ny uewltaH ~ L L ~ ny p e~(au!n ~g ue!lawe~ ~ S~L~n fiE~p ~~ ~ nyana~ se^§ , ~~g5gg' ~ c_ m ~ !n a&~€ 6n~Etl€ t J - 3 t €P~~B~~~"~S ~ ~ .J O ~ n ~$ ~pp{•{~~ 'O ~ N O Q ~aS`~g $P@C d' ~ O] LL LH P~~rsga9 ~~ d v c ~f~~ss{~~;;~ y m 6g 2 5€ az~~p{p°i y$E a ~ ~a8€~`eE' 3 i~a~g;~$E ,3 ~° gaa~~~~ae°~i ~~~~~ d~ ~g~age~~a3~~ P250 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012/13 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 2,519.35 2,519.35 $129,494.47 TOTALS 2,519.35 2,519.35 $129,494.47 Actual Property Type Assessment Rate Total Total Actual Coun Use Code er EDU Units/Acres EDUs Assessment Non Residential $51.40 2,519.35 2,519.35 $129,494.47 TOTALS- 2,519.35 2,519.35 $129,494.47 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no annexations effective for the 2012/13 Fiscal Year. Street Lighting Maintenance District No. 6 -City of Rancho Cucamonga 13 Fiscal Year 2012/13 P251 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Street Lighting Maintenance District No. 7 (North Etiwanda) P252 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 L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P253 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 9 General ..:....................................................................................................................9 Special Benefit ...........................................................................................................9 General Benefit ........................................................................................................10 Method of Assessment Spread ................................................................................10 ASSESSMENT DIAGRAM ASSESSMENT ROLL 12 13 Assessment Roll .......................................................................................................13 Annexations ..............................................................................................................13 P254 ENGINEER'S LETTER WHEREAS, on June zo, zoiz 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 No1z-o9z , 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 2012/13 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 2012/13 Total Estimated Assessment $120,120.00 Less Anticipated Delinquency Penalty 4 980.00 Total Estimated Revenue $115,140.00 Plus Reserve Fund Contribution 114 370.00 Total Expenditure Budget $229,510.00 Total District EDU Count 3,605.00 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. 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 Fiscal Year 2012/13 P255 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. of Engineering Services, City Engineer Street Lighting Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2012/13 P256 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 the State of California in November 1996 added Article XIII D to the California Constitution imoosina. Street Lighting Maintenance District No. 7-City of Rancho Cucamonga Fiscal Year 2012/13 P257 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. 7-City of Rancho Cucamonga 4 Fiscal Year 2012/13 P258 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 2012/13 P259 Z // !- [ d N ` 2fyo 9 Q a ~ ~ ~ N OI Z. m J V ~' _ U w m y F 'S'!. ] ~ O *~\ N N C O '6 N m O C ~ fn m ~ ~ m --- \y - __ \ \~ U_ r L1J 'tk ~ T l0 rr N F N U ~ \ ~~ ntl~aa ~ i i • o i 0 Z N ~ ~ > •- I ~ ~ ~.1 lpi ~ 3Y ~'~'~~3 _ ~~~ ~~t,, CIF ~ r`~'~o I ~ ~e ~ 'y ,~ ~ ~ ~• ~ I ~ • r', ' ~ ~ +~.° ~,,. ~t ~ ~ ~ ~ ~ 0 _ ~ ~ (n I t- _ - -T- III. I : Iflll ~ ~~' ` _ as N~Ollfla NtlWOatlM ~" J'L- y k . '~ ~ ~ 3 ~ e= ~ ~ /i'- ~ _ _ - ~ r-. ~ 2 _ ~ ~_ I _ ___ - _ 2 ~; r _ w }i ~ I _~ °~ ~e a: ~ - - - _ __I ~ _ { {.I ~ ~ ~ ~ a ~ F44 - .7 = 7m { TI - C - ~ ~ ~ z y L1L _ 1. -IT a m --1 -" / Tr _ f 1 ntl 1Stl 1ly 3! ~l nr ~ ~ ~ ~ I ~ __I -~ ~ ;. LI ~ ~ ~ -N- _ 1 _ __ - 5] J ~ T L ~ i i I ^ - ~ v S~ti_ _ _~ y ~ ~ F N - O _ L f+ J ~ i ~~ -_ I ~ - I ~to ~ /- _~ ~ d ~ I n v-tlONVM~l*~ ~ ~ ~ ~ ~-a~r ._ ~~r I ,~Il+ftt~ .• 1 ~~!'~~~ ~ -,~a~ ~1nVV ~N~ 113 t~7~ ~j~iHONVM113J _c~ ••'~ U { j] ~jj III _ u I 1 \ ~ {{ _ - ~ ~ 11111/'~ 'C -~' ~~ ~':~ . \ S ~ Y ~~ 1 c ~ ~~ ~ i ~ - ~ _ 1 11JJ ~ //,, ,, 2~ /7~'~ ri ~f HIF ~°/ lln~ :.=1 I .~ 1 J . i i lr- ~ .-;- I ' - -. .~ `i'yi'4 ~ '~~ ~ 1 ~ ~ ~1 ~_ _, ~ ~ ~ tt : _ ~ - ~~~ ~ ~ bso- 1 r .. y z. z4 ~{~.. TT t-.cwt? I E~~+ tali ~ .¢ {tFltt` t -~ I ~ ~~ ~~ iM~•i ~ l ..~, F ~ l8t)133a'J ~j~, AHO" ~ ul e911t ptE~ ! '~# ~it ! ~ i ~ ~ 1 ~ ~ erlNN ~ ~ ~ \ ~\` ~~4~i ~ ~ ~~ ~ k ~ I%+ ~ ~ fll t #FL } ~ ~ =~i~i ~ ' ~ ~ # ~iAt~~ s }# Ku •}•i a ~~ ~;• ~ = `~Ei:iFe~ti..~•ts C~a (~ Ifs FI~°~t i~ f ° fy~ I ~ ~ - I ' \ .- . i I ILI . ~ V ~ . „ f J, ,. .,. ...,..,.; , 1 io~~ S p f 5 [ ~~ E~~ F~ ~ F I S ° [ ~F ~ ~ ~U - M1TT"T RiT*ii~ f ~~ i ~ f f~F ga E1s / P260 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 2012/13 Bud et Personnel Services Regular Payroll $22,090.00 Part-time Salaries 13,340.00 Fringe Benefits 12.300.00 Subtotal Personnel $47,730.00 Operations and Maintenance Training $180.00 Membership Dues 30.00 Operations and Maintenance 4,940.00 Equipment Operations and Maintenance 0.00 Contract Services 0.00 Utilities Telephone Utilities 0.00 Electric Utilities 153,160.00 Assessment Administration 19,830.00 General Overhead 3,640.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $181,780.00 Capital Expenditures Capital Projects 0.00 Subtotal Capital Expenditures $0.00 Total District Expenditure Budget $229,510.00 Total Estimated Assessment $120,120.00 Less Anticipated Delinquencies 4 9(.80.00) Total Estimated Revenue $115,140.00 Plus Operating Reserve Fund Contribution 114.370.00 Total Expenditun: Budget $229,510.00 Total Estimated Assessment $120,118.60 Total District EDU Count 3,605.00 Actual Assessment per EDU -Fiscal Year 2012/13 $33.32 Maximum Allowable Assessment er EDU -Fiscal Year 2012/13 $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 Street Lighting Maintenance District No. 7-City of Rancho Cucamonga Fiscal Year 2012/13 P261 maintain the improvements for the upcoming fiscal year. The actual assessment per EDU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City 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, 2012 Reserve Fund Balance $66,520.00 Operating Reserve Contribution -Fiscal Year 2012/13 (114„370.00) Operating Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance ($47,850.00) 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 far 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. Street Lighting Maintenance District No. 7-City of Rancho Cucamonga Fiscal Year 2012/13 P262 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. 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 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 2012/13 P263 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 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 2012/13 P264 • 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 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. 7-City of Rancho Cucamonga 10 Fiscal Year 2012/13 P265 Land-Use Equivalent Dwelling Units Pro ert T e Coun Use Code EDU Value Multi tier 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 2012/13 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 $33.32 $33.32 3,605.00 3,605.00 Multi-family Residential 33.32 33.32 0.00 0.00 Non Residential 33.32 33.32 0.00 0.00 The total amount of maintenance and incidental costs for maintaining the streetlights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Street Lighting Maintenance District No. 7-City of Rancho Cucamonga 11 Fiscal Year 2012/13 P266 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Street Lighting Maintenance District No. 7-City of Rancho Cucamonga 12 Fiscal Year 2012/13 P267 ~ a ~ ~~ V '~ L ~ ~ ~ V~ J O o ~~ o ° a~ ~ ~ ny ~.uay~ ~ 4 ~ ti.r ~ ~ J ° ~ ~ ~ N C _ ^X LLJ IL ~~}//, ~ m a a 3 o ' _.._.._. '- ~ ny 13e~ i~ ® 1 w ~ ~ L .._.._.._.._ ny epueM!;3 •~ i J i w ~ i i nb ~a;sayaoa ! i n ~a sa o0 d ~ y ~ ~ i .~..~ i ny ua~!II!W r._.._.._.._.._ _ ~ ny ua~!II!W i i i ~ ! nd uaneH ~ i ~ ind uaneH i ~ ny esowaaH ~ - ! ny esow~aH i ~ nd Pleq!ya~t/ ~ j ny Pleq!y~at/ ny uewllaH i ~•~'' ~ ny uewllaH ' i ~ s t' ~ o ~ ny pael(auin ;S ue!lawe~ ' ' i ~ .r~~ i ~8~~li~0=€'s~6c. ~ ~ • i~ y r.._..r • .•~ ~ ~ F gq ~ s St i ~ .._: -•~1..._..___.._.._i ny anal y a~ 5 ~ ~~ € ~- ~ i +'' Y 9 °~~h8 ti •~.•~ ~ N C m ~ s €aF ~ Sags€~"s Z.Zg~ ~ L_.. _.._... U) •-~ ~ ~ ~ 3 ~ ~5$S_g-E p € a~. 4 p L ~ ~ ~ N m ~ Q as~es~ $Pfy 33 ~ a a ~ ~ C ~os zpi a ~ g P~ '~`;~c ~' !n (~ § ~q ~~OX~ E g@ ~ ~ _ m fi 3 &~ ~f~ cA~ '` St ~°s ~ C ~'9~~~Fu ~~g F. ~~~$~' ~~atia s ~ ~~ 9b % E~~g°„~~f~ P268 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012/13 maximum and actual assessments for the District: Property Type Coun Use Code Maximum Allowable Assessment Rate er EDU Total Units/Acres Total EDUs Maximum Allowable Assessment Single Family Residential $33.32 3,605.00 3,605.00 $120,118.60 Multi-family Residential 33.32 0.00 0.00 0.00 Non Residential 33.32 0.00 0.00 0.00 TOTALS 3,605.00 3,605.00 $120,118.60 Property Type Coun Use Code Actual Assessment Rate er EDU Total Units/Acres Total EDUs Actual Assessment Single Family Residential $33.32 3,605.00 3,605.00 $120,118.60 Multi-family Residential 33.32. 0.00 0.00 0.00 Non Residential 33.32 0.00 0.00 0.00 TOTALS 3,605.00 3,605.00 $120,118.60 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following Annexations are effective for the 2012/13 Fiscal Year: Assessor's Annexation Total Total Property Type Parcel Number Date Pro'ect Units/Acres EBUs Coun Use Code 0225-191-12 03/02/2011 TR 17651 56 SFD 56.00 Single-Family Residential 0226-102-02 03/02/11 TR 18708 7 SFD 7.00 Single-Family Residential 0225-161-65 and 0225-161-71 07/06/11 TR 18032 23 SFD 23.00 Single-Family Residential Street Lighting Maintenance Districf No. 7-City of Rancho Cucamonga 13 Fiscal Year 2012/13 P269 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Street Lighting Maintenance District No. 8 (South Etiwanda) P270 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P271 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 ASSESSMENT ROLL 12 13 Assessment Roll .......................................................................................................13 Annexations ..............................................................................................................13 P272 ENGINEER'S LETTER WHEREAS, on June 20, 2o1z 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.12-os2, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 8 (South Etiwanda) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Engineer's Report for Fiscal Year 2012/13 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 2012/13 Total Estimated Assessment $131,590.00 Plus Anticipated Delinquency Penalty 29 130.00 Total Estimated Revenue $160,720.00 Plus Reserve Fund Collection 43 420.00 Total Expenditure Budget $117,300.00 Total District EDU Count 2,150.56 Actual Assessment per EDU $61.19 Maximum Allowable Assessment per EDU $61:19 In making the assessments contained herein pursuant to the 1972 Act: 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. 8 -City of Rancho.Cucamonga Fiscal Year 2012/13 P273 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 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. Ma ' ector of Engineering Services, City Engineer Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga Fiscal Year 2012/13 P274 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 tc 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 Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga Fiscal Year 2012/13 P275 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 heartng, 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 Fiscal Year 2012/13 P276 PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City known as South Etiwanda, which is generally bounded by Etiwanda 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 2012/13 P277 Street Lighting Maintenance District No. 8 Street Lights and Traffic Signals Improvements PMK LLL(l~r~, nFh~ ~ C The maps, dale end geographic information("Infomation'") ~K~ _T.. %~~ /~~ - _ available by end through the Ciry of Rancho Cucamongn iTliT7mla J /x{(77 71 L `„J ~ are presented av a public resource of general information. Q '~/'TD 1 I The City of Rancho Cucamonga makes nor implies no U ~C/./ llllll ~l ~ I~j1 t~~Ill~ rJ warraary. representation or guarantee as to the content. jj p _ / •y1•k J ~ ` uquence, nccuacy canpldeness or limebness of any Information provided myou hcrem. The user should not rely -_~ RCH~);- ~ - upon the Infomubon for any reason and is directed to 3r -/ IIL MILLER AV.. ~ .111J1J1_ independently renfy any end all lnformaoon presented herein. ~, _ _ _- --. __ _._ r The Ciry of Rancho Cucamonga explicitly and without limitation /11 (~ disclaims any and ell rcprcumations and warrvrtecs, including. ~ ~~ bra not limited m, the implied warranties of merchantability end ~.- ( fitness(ora particular purpose. The Ciry ofRwcho Cucamongn LLN'I I t I `. t shall neither accept rmr assume any liability, regardless of the 11_ ,..'e`ll-~~Ji causatlon(or(I)any errors, omissions or inaccunciesm r ~~7is" -{~ _ any information provided enNor (ii)eny action or inazlion .HII I~ ~ ~ ~+~ * ~ , ~ occurring due m any pcrsons reliance upon the Information ~7 l~ l- 7 't_~ available herein. ' OFELQ yldilllD~RI~C ~calcwP~ :;5 ~ ~d~®~r~ SCE Streetlights ~~1~4_FO THILLBL _.1iI o Traffic Signal Lights 1~ I, L~~ I ' u(luurl, j SLD8 Bounder r-`-_I I ~ ~ ~~.~ / 0 y 0 0.25 0.5 1 Mile City Boundary P278 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 Budget Estimated 2012/13 Bud et Personnel Services Regular Payroll $20,710.00 Part-time Salaries 13,340.00 Fringe Benefits 11,650.00 Subtotal Personnel $45,700.00 Operations and Maintenance Training $180.00 Membership Dues 30.00 Operations and Maintenance 4,940.00 Equipment Operations and Maintenance 0.00 Contract Services 14,670.00 Utilities Telephone Utilities 0.00 Electric Utilities 53,860.00 Assessment Administration 9,390.00 General Overhead 3,200.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $71,600.00 Capital Expenditures Caoital Projects 0.00 Subtotal Capital Expenditures $0.00 Total District Expenditure Budget $117,300.00 Total Estimated Assessment $131,590.00 Plus Anticipated Delinquencies & Interest 29.130.00 Total Estimated Revenue $160,720.00 Less Operating Reserve Fund Contribution (43.420.001 Total Expenditure Budget $117,300.00 Total Estimated Assessment $131,592.77 Total District EDU Count 2150.56 Actual Assessment per EDU -Fiscal Year 2012/13 $61.19 Maximum Allowable Assessment er EDU -Fiscal Year 2012/13 $61.19 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 Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga Fiscal Year 2012/13 P279 maintain the improvements for the upcoming fiscal year. The actual assessment per EDU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City 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, 2012 Reserve Fund Balance $2,379,480.00 Operating Reserve Contribution -Fiscal Year 2012/13. 0.00 Ooeratina Reserve Collection -Fiscal Year 2012/13 43.420.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $2,422,900.00 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 Trainin :International Municipal Signal Association (ISMA) Certification. The cost is split evenly between all of the City's Street Light and 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 far 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. 8 -City of Rancho Cucamonga 7 Fiscal Year 2012/13 P280 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 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. 8 -City of Rancho Cucamonga Fiscal Year 2012/13 P281 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 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. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga Fiscal Year 2012/13 P282 • 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 ih 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 2012113 P283 Land-Use Equivalent Dwelling Units Pro e T e Coun Use Code EDU Value Multi tier 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 2012/13 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 $193.75 $61.19 1 „047.00 1,047.00 Multi-family Residential 193.75 61.19 1,057.00 1,057.00 Non Residential 193.75 61.19 23.28 46.56 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 2012113 P284 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 2012/13 P285 DO v.. V '~ w y i V ~ i~~- /C ~ .._.._.._.._ •y ; I 1 ~~ F i +.~ i ~ ~ C h ~ m i(JJay~ m ~ o ~i ® w '~ J O rn y J ~.r ~ Q' 3 a i nb' ise3 i -"-"- ~ ~ ~ ° o N o > L v " .L i ny epueM!33 ~ ny epuenn43 .=~ 1 - ~~ J ! - i v.. ; ~ ~8 ~aaJ~ ~(ea i .. ._.._.._.._.._.._ _..F i y ny Jalsayooa ! F n Ja sa o0 v l y a ,...: i i - I ny ua~!II!W f._.._.._.._..- - -~ ~_ = nV ua~l!II!W i ~ i i i i ny uaneH i i - i my uaneH i i ny esowJaH i -- - !ny esowJaH i 1 nV Ple4!4oJV i ind Pleq!yoJV i ny uewllaH i - ~.•~" ~ ny uewllaH i ~<•• t v ny p e~(au !n 3S ue!lawe~ ~ i 1 ~.r'1 F ~~3~6~tgF ¢F~. pp F a ~ L Y e :8F t 4 ~g ~ a ggg B $ F ~p ~ ~ 0_' ~ N m O 11 Q @ 4 t F {~ ap~FcE 3g ~ ~ ~ ~' ` Ee~~fi~'6 ~ m ~~ ~~ a:€~li$s p ~ _ d _~ . ~E e 3 2 Pa$&~ °~, °a~~~~ ~~ ~~ ~ '~ ,~<, E~ .¢ t a e - B Fe E~F~3~ F286 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment far Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012113 maximum and actual assessments for the District: Property Type Coun Use Code Maximum Allowable Assessment Rate er EDU Total Units/Acres Total EDUs Maximum Allowable Assessment Single Family Residential $193.75 1,047.00 1,047.00 $202,856.25 Multi-family Residential 193.75 1057.00 1057.00 204,793.75 Non Residential 193.75 23.28 46.56 9,021.00 TOTALS 2,127.27 2.150.56 $416,671.00 Property Type Coun Use Code Actual Assessment Rate er EDU Total Units/Acres Total EDUs Actual Assessment Single Family Residential $61.19 1,047.00 1,047.00 $64,065.93 Multi-family Residential 61.19 1057.00 1057.00 64,677.83 Nan Residential 61.19 23.28 46.56 2,849.01 TOTALS 2,127.27 2.150.56 $131,592.77 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following Annexation is effective for the 2012113 Fiscal Year: Assessor's Annexation Total Total Property Type Parcel Number Date Pro'ect Units/Acres EBUs Coun Use Code 0227-131-03, 08 AND 0227-131-62 01/18/12 TR 18806 33 SFD 33.00 Single-Family Residential Street Lighting Maintenance District No. 8 -City of Rancho Cucamonga 13 Fiscal Year 2012/13 See following memo regarding corrections to the Staff Report P287 STAFF REPORT -- - ADDtINISTRATIVE SERVICES DEP.ARTiLfENT RANCHO Date: June 20, 2012 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager ~ ' From: Lori E. Bassoon, Deputy City Manager/Administra ive Service ,~,~ By: Ingrid Y. Bruce, GIS/Special Districts Manage Subject: CONSIDERATION OF APPROVAL OF RESOLUTIONS INITIATING PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS, PRELIMINARILY APPROVE THE ANNUAL ENGINEER'S REPORTS, DECLARING THE CITY COUNCIL'S INTENTION TO LEVY ANNUAL ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NO'S 1, 2, 3A, 3B, 4R, 5, 6-R, 7, 8, 9 AND 10 FOR FISCAL YEAR 2012113 AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON. RECOMMENDATION It is recommended that the City Council approve the Resolutions initiating the proceedings to levy annual assessments, preliminarily approve the Annual Engineer's Reports and, declaring the City Council's intention to levy annual assessments within Landscape Maintenance District Nos. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 and 10. The Engineer's Reports are also on file in the City Clerk's Office. BACKGROUND/ANALYSIS This year, the City will place on the County Tax Roll eleven (11) Landscape Maintenance Districts (LMDs). The assessments received for each of these Districts are utilized for the maintenance and operation of parks and other landscaping. Maintenance and operation includes but is not limited to turf, ground cover, planter beds, shrubs, plants and trees, landscape lighting, irrigation systems, electrical energy for irrigation controllers, insecUdisease control, graffiti removal, hardscapes, entry signs, sound walls and all associated appurtenant facilities. The City utilizes prior year carryovers along with current year revenues to meet the districts annual expenses. When the LMDs were established, they were in conjunction with new development coming into the City, and were intentionally designed to ensure that each district bore the costs of the maintenance of the infrastructure that provides special benefit to the property owners. It has been over 16 years since there was an assessment increase in most of the LMDs, and certain districts will soon require an assessment increase in order to remain financially self-sustaining while continuing to provide a high level of maintenance in the parks, paseos, and other landscaped areas. However, no rate increase can occur unless the City conducts a Prop 218 election process to give the property owners the opportunity to express their support for, or in opposition to, an increase in such assessment. Over the last several years, Prop 218 election processes were held in LMDs 4-R and 6-R, and updated assessments were approved by the property owners in those districts. See following memo regarding corrections to the Staff Report CONSIDERATION OF APPROVAL OF RESOLUTIONS DECLARING THE CITY COUNCIL'S PAGI?: 2 INTENTION TO LEVY ANNUAL ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NO'S 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 AND 10 FOR FISCAL YEAR 2012/13 AND SETTING TIiF_ TIME AND PLACE FOR A PUBLIC HEARING THEREON. ]uNr~:2Q 2012 The property owners in LMD 2 did not approve a proposed adjustment to the assessments in that district, leaving LMD 2 in a fiscally unsustainable condition. Staff is preparing to discuss the financial condition of the LMDs with the City Council and the community during the upcoming fiscal year. This effort will start with a study session regarding the decommissioning of landscaping in LMD 2 on July 12, 2012, from 6:00 pm - 8:00 p.m. at Central Park. As previously noted, property owners in this district did not approve a proposed increase in the assessment in LMD 2 that was considered in 2011. At the City Council meeting of March 21, 2012, the Council directed staff to prepare decommissioning plans for LMD 2 in order to maintain basic levels of service while keeping the district financially self-sustaining. As stated in the Landscape Maintenance Districts' Fiscal Year 2012/2013 Engineer's Reports, the assessment rates remain unchanged from the previous fiscal year 2011/2012 rates with the exception of LMD 6-R. The assessment rates and descriptions for each of the Landscape Maintenance Districts are as follows: Landscape Maintenance District No. 1 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 $46.11 per dwelling unit. This district will require a rate increase in future years to maintain service levels. Staff is also evaluating alternate ways of restructuring this district, including the possibility of creating multiple smaller districts to replace the larger LMD 1. Landscape Maintenance District No. 2 assessments pay for the on-going maintenance of parkways, paseos and parks 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. As previously noted, a study session regarding LMD 2 will be held on July 11. P288 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 property. This district will require a rate increase in future to maintain service levels. Landscape Maintenance District No. 4-R assessments pay for the on-going maintenance of parkways, paseos and parks within the Terra Vista Planned Community. The current assessment rate is $380.00 per single-family residence, the condominium rate is 304.00 per dwelling unit and the multi-family rate is $266.00 per dwelling unit. The commercial rate is $1,235.00 per acre, and the vacant rate is $95.00 per acre. See following memo nggarding corrections to the Staff Report ppgg CONSIDERATION OF APPROVAL OF RESOLUTIONS DECLARING THE CITY COUNCIL'S P~~cr 3 INTENTION TO LEVY ANNUM, ASSESSMENTS WI"THIN LANDSCAPE MAINTENANCE DISTRICT NO'S 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 AND 10 FOR FISCAL YEAR 2012/13 AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON. )UNI3 20, 2012 Landscape Maintenance District No. 5 assessments pay for the on-going maintenance of a Tot Lot located on the southwest corner of Andover Place and Bedford Drive. The current assessment rate is $113.29 per single-family residence. Landscape Maintenance District No. 6-R assessments pay for the on-going maintenance of parkways and paseos within the Caryn Planned Community. The assessment rate for Fiscal Year 2012/13 will increase from $366.00 to $373.66 per single-family residence Zone 1 and from $274.50 to $280.25 per single family residence Zone 2, a CPI increase of 2.09% as compared to Fiscal Year 2011/12. Landscape Maintenance District No. 7 assessments pay for the on-going maintenance of parkways and paseos within the Etiwanda Highlands Community. The current assessment rate is $307.05 per single-family residence. This district will require a rate increase in future to maintain service levels. 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 $187.00 per single-family residence. Landscape Maintenance District No. 10 assessments pay for the on-going maintenance of parkways 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 MEMORANDUM ADMINISTRATNE SERVICES DEPARTMENT RANCHO Date: June 20, 2012 CUCAMONGA To: Honorable Mayor and City Council From: John R. Gillison, City Manager By: Lori Sassoon, Deputy City Manager/Administrative Services Subject: Note on Item 016 -Approval of Resolutions initiating proceedings regarding annual LMD assessments Please note that on Item 016, consideration of resolutions related to the Landscape Maintenance Districts, there is an error in the title printed on the agenda. The agenda states that there are no increases in the LMD rates; this is correct, with the exception of LMD 6-R, which will have a cost of living increase of 2.09% this year. The supporting staff report and resolutions all correctly state that LMD 6-R will see a CPI increase. cc: Debra McKay, Assistant City Clerk/Records Manager P290 RESOLUTION NOt2-095 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL ENGINEER'S REPORTS PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN LANDSCAPE MAINTENANCE DISTRICT NO'S. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 AND 10, INCLUSIVE, FOR FISCAL YEAR 2012/13 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, 36, 4-R, 5, 6-R, 7, 8, 9 and 10, inclusive (each, a "District" and collectively, the "Districts'); and WHEREAS, at this time the City Council desires to initiate proceedings pursuant to Chapter 3 of the 1972 Act to 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, 2012, and ending June 30, 2013 ("Fiscal Year 2012/13"). 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 2012/13. - SECTION 3. Annual Engineer's Reports. The City Engineer is hereby ordered to prepare and file with this City Council an Annual Engineer's Report for each District relating to such annual assessment and levy in such District in accordance with the provisions of 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law"). SECTION 4. Filing of the Annual Engineer's Reports. Upon completion, the Annual Engineer's Report for each District shall be filed with the City Clerk, who shall then submit the same to this City Council for its consideration pursuant to the Assessment Law. P291 PASSED, APPROVED AND ADOPTED this day of July, 2012. AYES: NOES: ABSENT: ABSTAINED: ATTEST: L. Dennis Michael, 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 2012. Executed this at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P292 RESOLUTION N0.12-096 RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF RANCHO CUCAMONGA, CALIFORNIA, PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4-R, 5, 8-R, 7, 8, 9 AND 10, INCLUSIVE, FOR FISCAL YEAR 2011/12 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 2012/2013 (each, an "Annual Engineer's Report") in certain maintenance assessmerit districts known and designated as Landscape Maintenance District Nos. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 and 10, inclusive (each, a "District" and collectively, the "Districts"); and WHEREAS, there has now been presented to this City Council a separate Annual Engineer's Report for each District as required by the Assessment Law and as previously directed by Resolution; and WHEREAS, this City Council has now examined and reviewed each Annual Engineer's Report as presented, and is satisfied with each and all of the items and documents as set forth in each such report, and is satisfied that the assessments on a preliminary basis, have been spread within each District in accordance with the special benefits received from the improvements to be maintained and serviced, as set forth in the applicable Annual Engineer's Report. NOW, THEREFORE, 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 Engineer's Reports. The Annual Engineer's Report for each District as presented, consisting of the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be maintained and serviced and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the District for Fiscal Year 2012/13; C. A diagram for such District, showing the area and properties proposed to be assessed; and P293 D. An annual assessment for Fiscal Year 2012/2013 of the estimated costs of the maintenance and servicing of those improvements to be maintained and serviced during such Fiscal Year, assessing the net amount upon all assessable lots and/or parcels within such District in proportion to the special benefits received is hereby approved on a preliminary basis and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection. SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Annual Engineer's Reports. PASSED, APPROVED AND ADOPTED this day of July 2012. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, 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 meeting of said City Council held on 2012. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P294 RESOLUTION NO. 12-097 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 2012/2013 IN LANDSCAPE MAINTENANCE DISTRICT NO'S. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 AND 10, INCLUSIVE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed certain maintenance districts and authorized the levy of assessments therein pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (the "1972 Act") in what are known and designated as Landscape Maintenance District Nos. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 and 10, inclusive (each a "District" and collectively, the "Districts"); and WHEREAS, this City Council has initiated proceedings to provide for the annual levy of assessments for Fiscal Year 2012/13, 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 2012/13 Annual Engineer's Report" (each, an "Annual Engineer's Report" and collectively, the "Annual Engineer's Reports") as required pursuant to Article 4 of Chapter 1 of the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law"), and this City Council desires to conduct the proceedings to authorize the levy of the annual assessments within each District; and WHEREAS, the annual assessments for Fiscal Year 2012/13 proposed to be levied within each District as set forth in the applicable report do not exceed the annual assessments as previously authorized to be levied within such District and, therefore, the proposed levy of assessments for Fiscal Year 2012/2013 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 continual maintenance and servicing of the improvements authorized to be maintained and serviced within each such District. The improvements include, but are not limited to, turf, ground cover, planter beds, shrubs, plants and trees, landscape lighting, irrigation systems, electrical energy for irrigation . P295 controllers, hardscapes, entry signs, sound walls, and all associated appurtenant facilities. A description of the specific improvements to be maintained and serviced within each District is set forth in Appendix A attached hereto and incorporated herein by this reference. "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. Reference is made to the applicable Annual Engineer's Report for further information regarding the improvements to be maintained and serviced for each District and the scope of such maintenance and service. SECTION 3. Annual Engineer's Reports. The Annual Engineer's Reports regarding the annual levy for each District for Fiscal Year 2012/2013 have been preliminarily approved and directed to be filed in the Office the City Clerk. Reference is made to the applicable such report for each District for a full and detailed description of the improvements to be maintained and serviced, the boundaries of such District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within such District. SECTION 4. Assessment. The public interest and convenience requires; and it is the intention of this City Council to order the annual levy of assessments for each District as set forth and described in the applicable Annual Engineer's Report, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of such maintenance and service as estimated in such Annual Engineer's Report. SECTION 5. Boundaries of Districts. The proposed maintenance and service work as described in the Annual Engineer's Report for each District is, in the opinion of this City Council, of special benefit to the properties within the boundaries of such District, and this City Council makes the costs and expenses of such maintenance and service chargeable upon each such District, which District said City Council hereby declares to be the District specially benefited by such maintenance and service, and to be further assessed pursuant to the Assessment Law to pay the costs and expenses thereof. Each such District shall include each and every parcel of land within the boundaries thereof; as such District is shown on a map or maps as approved by this City Council and on file in the Office of the City Clerk, and so designated by the name of such District. SECTION 6. Public Hearing. Notice is hereby given that a public hearing will be held the 18`" day of July, 2012 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 Driye, 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 P296 assessments, to the extent of the maintenance, by any interested person and any other matters contained in this resolution. Any persons who wish to object to the proceedings for the annual levy should file a written protest with the City Clerk prior to the time set and scheduled for said public hearing. SECTION 7. For Information Regarding Proceedings. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the City: 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 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, 2012. AYES: NOES: ABSENT: ABSTAINED: ATTEST: L. Dennis Michael, Mayor Janice C. Reynolds, City Clerk I, Janice C. Reynolds, City Clerk of the certify that the foregoing Resolution was Council of the City of Rancho Cucamonga, . 2012. City of Rancho Cucamonga, California, do hereby duly passed, approved and adopted by the City at a regular meeting of said City Council held on Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P297 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 full and complete description of the maintenance and service to be provided for each District. Landscape Maintenance District No. 1 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Entry Monuments Community Trails Parks: (Parks within LMD No. 1 include: 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 Tiburcio Tapia Park and the Rancho Cucamonga Adult Sports Complex) Landscape Maintenance District No. 2 Landscaping: Parkways (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 Park, Ellena Park, Vintage Park, Victoria Groves Park and Victoria Arbors Park) Landscape Maintenance District No. 3A Landscaping: Parkways (includes ground cover only) Landscape Maintenance District No. 3B Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Street Trees Entry Monuments Landscape Maintenance District No. 4-R Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Parks (Parks within LMD No. 4-R include: Spruce Park, Mountain View Park, Ralph M. Lewis Park, Coyote Canyon Park, Milliken Park and West Greenway Park) A-1 P298 Landscape Maintenance District No. 5 Landscaping: Tot Lot at Andover and Bedford (includes ground cover only) Landscape Maintenance District No. 6-R Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Community Trails Landscape Maintenance District No. 7 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Community Trails Parks (Parks within LMD No. 7 include: Etiwanda Creek Community Park) Landscape Maintenance District No. 8 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Community Trails Landscape Maintenance District No. 9 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Street Trees Parks (Parks within LMD No. 9 include: South Etiwanda 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 P299" Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Landscape Maintenance District No. 1 (General City) P300 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 L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P301 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 ...............................................................................................16 ESTIMATE OF COSTS 17 District Budget ..........................................................................................................17 Definitions of Budget Items .......................................................................................18 METHOD OF ASSESSMENT 20 General .....................................................................................................................20 Special Benefit .........................................................................................................20 General Benefit ........................................................................................................21 Method of Assessment Spread ................................................................................21 ASSESSMENT DIAGRAM ASSESSMENT ROLL 23 24 Assessment Roll .......................................................................................................24 Annexations .............................................................................................................. 24 P302 ENGINEER'S LETTER WHEREAS, on June zo, zo1z, the City Council of the City of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 1z-oss , a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 1 (General City) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Engineer's Report for Fiscal Year 2012/13 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 2012/13 Total Estimated Assessment $1,189,690.00 Less Anticipated Delinquencies (26.050.00) Total Estimated Revenue $1,163,640.00 Plus Reserve Fund Contribution 285.470.00 Total Expenditure Budget $1,449,110.00 Total District EBU Count 12,901.46 Actual Assessment per EBU $92.21 Maximum Allowable Assessment per EBU $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 2012/13 P303 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, Director of Engineering Services/City Engineer Landscape Maintenance District No. 1 - Ciry of Rancho Cucamonga Fiscal Year 2012/13 P304 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 Tots 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. 1-City of Rancho Cucamonga Fiscal Year 2012/13 P305 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 apposition 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 4 Fiscal Year 2012113 P306 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, 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 riecessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Bear Gulch Park, East and West Beryl park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, Lions Park, Napa Park, Don TiburcioTapia Park. Site # Descriptive Location A-1 The north and south side of Wilson from Hellman to Amethyst. Ground Cover area: 22,982 square feet Hardscape area: 5,694 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 Hardscape area: 1,600 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 Hardscape area: 440 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 Landscape Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2012/13 P307 A-5 The north and south side of Diamond Court from Klusman to Diamond Ave Ground Cover area: 3,143 square feet Hardscape area: 1,864 square feet A-6 The parkway on the north side of Wilson from 348 feet east of Morning Canyon to Alder Ridge. Ground Cover area: 5,700 square feet Hardscape area: 4,760 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-8 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: 6,545 square feet Hardscape area: 2,554 square feet Mulchscape area: 14,005 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 Hardscape area: 1,084 square feet A-11 The east side of Amethyst from Lemon to 230 feet north of Apricot Ground Cover area: 2,115 square feet Hardscape area: 3,438 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 Hardscape area: 3,480 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 Hardscape area: 12,030 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. Landscape Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2012/13 P308 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 A-20 The west side of Archibald from 210 feet north of La Colina to 230 feet south of Almond; the south side df 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 Hardscape area: 4,581 square feet A-24 The south side of 19th from 286 feet east of Amethyst to 166 feet west of Klusman. Ground Cover area: 5,904 square feet Hardscape area: 2,938 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: 10,243 square feet Mulchscape area: 25,297 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 Hardscape area: 2,870 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 Hardscape area: 4,712 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. Landscape Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2012/13 P309 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 Hardscape area: 1,800 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 Hardscape area: 3,375 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 Hardscape area: 1,160 square feet A-34 The south side of Alta Loma from Mayberry to Revere. Ground Cover area: 2,772 square feet 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 Hardscape area: 9,207 square feet Mulchscape area: 2,370 square feet A-36 The south side of Lemon from 385 feet west of Mayberry to Cartilla. Ground Cover area: 4,850 square feet Hardscape area: 4,915 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 Hardscape area: 1,380 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 Bella 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 Carnelian from Highland to 210 feet south of Highland. Ground Cover area: 14,858 square feet Hardscape area: 6,040 square feet A-41 The west side of Sapphire from 236 feet north of Thoroughbred to Banyan. Ground Cover area: 1,784 square feet Hardscape area: 812 square feet A-42 The parkway on the west side of Beryl from 132 feet north of Sunflower to 23 feet north of Sunflower; and from Sunflower to Banyan. Ground Cover area: 4,735 square feet Landscape Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2012/13 P310 Hardscape area: 5,772 square feet A-43 The north side of Base Line from Topaz to the Cucamonga Creek Channel. Ground Cover area: 4,563 square feet Hardscape area: 1,890 square feet A-44 The cutouts on the west side of Sapphire 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 Hardscape area: 7,890 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 Hardscape area: 2,440 square feet A-49 The east side of Carnelian from 662 feet south of Banyan to Banyan; the south side of Banyan from Carnelian to Northstar. Ground Cover area: 5,906 square feet Hardscape area: 6,972 square feet 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 .Hardscape area: 8,680 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 Hardscape area: 5,458 square feet A-52 The east side of Riverwood, from 188 feet south of Chanvood to 193 feet north of Charwood. Ground Cover area: 2,750 square feet Hardscape area: 1,698 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 Hardscape area: 4,740 square feet A-54 The west side of Beryl from 233 feet north of Mignonette to Mignonette. Ground Cover area: 2,637 square feet Hardscape area: 932 square feet Landscape Maintenance District No. 1 -City of Rancho Cucamonga Fiscal Year 2012113 P311 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 Hardscape area: 5,060 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 Hardscape area: 5,436 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 Hardscape area: 6,794 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 Hardscape area: 4,790 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 185 feet south of Lemon. Ground Cover area: 4,777 square feet Hardscape area: 5,041 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 Hardscape area: 4,122 square feet A-61 The north side of Carrari from Archibald to London. Ground Cover area: 25,152 square feet Hardscape area: 1,698 square feet A-62 The east side of Archibald from Carrari to 505 feet north of Meadowood. Ground Cover area: 8,626 square feet Hardscape area: 1,824 square feet A-63 The south side of Almond street from Carriage to Almond Ground Cover area: 3,342 square feet Hardscape area: 3,600 square feet 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 Hardscape area: 9,949 square feet A-65 The east side of Archibald from LaGloria to 328 feet north of LaGloria. Ground Cover area: 2,279 square feet Hardscape area: 2,411 square feet A-66 The east side of Herm osa from Waterford to 500 feet north of Waterford. Ground Cover area: 4,695 square feet Hardscape area: 5,947 square feet Landscape Maintenance District No. 1 -City of Rancho Cucamonga 10 Fiscal Year 2012/13 P312 A-67 The south side of 19`" from 220 feet east of Sapphire to Via Serena. Ground Cover area: 3,208 Square feet Hardscape area: 4,158 square feet A-68 The west side of Haven from Hillside to 783 feet south of Hillside. Ground cover area: 3,492 square feet 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 Hardscape area: 1,605 square feet A-70 The south side of 19`" from 365 feet west of Amethyst to Amethyst. The west side of Amethyst from 19'" to Hedges. Ground Cover area: 6,435 square feet Hardscape area: 7,015 square feet A-71 The west side of Archibald from Hillside to Wilson Avenue. The north side of Wilson, south of the trail fence area from Archibald to 467 feet west of Archibald. Ground Cover area: 9,265 square feet Hardscape area: 2,609 square feet 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 square feet Hardscape area: 600 square feet A-74 The south side of Highland Ave. from Beryl St. to Hellman Ave. Ground cover area: 11,603 square feet A-75 The south side of Highland Ave. from Amethyst St. to 612 feet east of Archibald Ave Ground cover area: 106,409 square feet Hardscape area: 60,608 square feet A-76 The west side of Arch ibald from 635 feet north of Hillside to Hillside. The north side of Hillside from Archibald to 770 feet west of Archibald. Ground cover area: 8,859 square feet Hardscape area: 1,389 square feet A-77 The east side of Carnelian from Brilliant Ln. to Wilson including the irrigation cut-outs. along trail. The south side of Wilson from Carnelian to 745 feet east of Arabian Dr. The irrigation cut-outs on the north side of Wilson from Carnelian to 775 feet east of Arabian Dr. Ground cover area: 5,101 square feet Hardscape area: 11,322 square feet B-1 The median on Blue Gum 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. Landscape Maintenance District No. 1 -City of Rancho Cucamonga 11 Fiscal Year 2012113 P313 Ground Cover area: 47,397 square feet Hardscape area: 26,285 square feet B-3 The paseo from Sutte r Ct. to Deer Creek Channel. Ground Cover area: 294 square feet Hardscape area: 400 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 Hardscape area: 3,834 square feet B-5 The north side of Lemon from Semillion to 188 feet west of Terracing. Ground Cover area: 14,472 square feet Hardscape area: 3,894 square feet B-6 The north side of Lem on from Barsac to Semillion. Ground Cover area: 15,784 square feet Hardscape area: 3,780 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 Hardscape area: 1,356 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 Hardscape area: 6,348 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 Hardscape area: 4,098 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 Turf area: 3,387 square feet Hardscape area: 14,192 square feet B-14 The paseo from San Benito and Sonora to the Deer Creek Channel Ground Cover area: 2,000 square feet Hardscape area: 540 square feet B-15 The paseo from Stanislaus and Lavine to the Deer Creek Channel. Ground Cover area: 1,040 square feet Hardscape area: 428 square feet Landscape Maintenance District No. 1 -City of Rancho Cucamonga 12 Fiscal Year 2012/13 P314 B-16 The paseo from Inyo to Mendocino Ground Cover area: 225 square feet Hardscape area: 184 square feet B-17 The paseo from Yuba Ct. to Deer Creek Channel. Ground Cover area: 918 square feet Hardscape area: 420 square feet B-18 The south side of Wilson from 377 feet west of Canistel to 1032 feet east of Canistel. Ground Cover area: 6,762 square feet Hardscape area: 8,454 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 Hardscape area: 8,865 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 Hardscape area: 8,767 square feet B-21 The south side of 19th from Valinda to Inyo. Ground Cover area: 3,900 square feet Hardscape area: 3,700 square feet B-22 The south side of Lemon south of the sidewalk from 188 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 Hardscape area: 4,928 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 Hardscape area: 4,468 square feet Note _There was 11,844 square feet of ground cover deleted from this site 7-1-00. 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 Hardscape area: 2,099 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. Landscape Maintenance District No. 1 -City of Rancho Cucamonga 13 Fiscal Year 2012/13 P315 Ground Cover area: 4,628 Square feet Hardscape area: 390 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 Hardscape area: 5,532 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 Hardscape area: 1,842 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 Hardscape area: 4,865 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 Hardscape area: 2,200 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 Hardscape area: 2,215 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 Hardscape area: 2,475 square feet C-7 The parkway on the north side of Church from 142 feet east of Teak to 230 feet west of Teak. Ground Cover area: 1,813 square feet Hardscape area: 1,650 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 Hardscape area: 3,996 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 Hardscape area: 1,848 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 Hardscape area: 4,380 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 Hardscape area: 3,600 square feet Landscape Maintenance District No. 1 -City of Rancho Cucamonga 14 Fiscal Year 2012/13 P316 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 Hardscape area: 3,325 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 Hardscape area: 3,000 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 Hardscape area: 1,374 square feet C-15 The north side of San Bernardino from Summerlin to 225' west of Summerlin. Ground Cover area: 1,660 square feet Hardscape area: 710 square feet C-16 The south side of Base Line from 286 feet west of Hermosa to Hermosa. The raised planter on the southwest corner of Base Line and Hermosa. Ground Cover area: 4,190 square feet Hardscape area: 2,320 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 Turt area: 16,794 square feet Hardscape area: 17,301 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: 9,950 square feet Hardscape area: 13,263 square feet D-3 The south side of Baseline from Rochester to 600 feet east of Rochester. Ground Cover area: 2,180 square feet Hardscape area: 4,121 square feet D-4 The north and south sides of Church St. from Rochester to 150 feet east of Hyssop Dr. Ground Cover area: 6,340 square feet Hardscape area: 8,887 square feet H-9 The Haven median from the 210 freeway to Alta Loma Drive. Ground cover area: 2,207 square feet H-10 The Haven median from entrance of Haven Village to Amber Lane. Ground Cover area: 4,402 square feet Turt area: 2,566 square feet The total square footage for the Ground Cover improvement is 8,804 and the Turt improvement square footage is 5,131; however, due to the location of the improvements the other half is maintained by the General Fund. Landscape Maintenance District No. 1 -City of Rancho Cucamonga 15 Fiscal Year 2012113 P317 H-11 The Haven median from Amber Lane to Olive Street. Ground Cover area: 3,289 square feet Turf area: 1,738 square feet The total square footage for the Ground Cover improvement is 6,577 and the Turf improvement square footage is 3,475; however, due to the location of the improvements the other half is maintained by the General Fund. H-12 The Haven median from Olive Street to 712 feet north of Wilson. Ground Cover area: 4,767 square feet Turf area: 9,950 square feet The total square footage for the Ground Cover improvement is 9,534 and the Turf improvement square footage is 3,933; however, due to the location of the improvements the other half is maintained by the General Fund. H-13 The Haven median from 19`h Street to the 210 freeway. Ground Cover area: 12,514 square feet FH-18 The Foothill median from East Avenue to 453 feet east of Cornwall Avenue. Ground Cover area: 5,450 square feet Ground cover, shrubs and turt 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 16 Fiscal Year 2012/13 P318 =Q 5 s ,,_g ~ ~ Z Q W uJ d J O LLJ ~ a ~ m W w C7 ~ C7 Y ~ O f- ~ ~ ~ Q ~ ~ a ~ a ~ ~ ~ ~•-•y ' ~ ~ o o - i i m i ..~ m e s p o LL tl Iss'3 , m ~ t4 puemp3 1 1 .n a o..~o o~.. .. o SN ntl aey~oH 1 uey91!W °' M '~ r a .- -p • r 0 Z ntl eWex+13 ~~ V ~ L ~+ ~_ Q, V ~ _ w , W ~ w w,, W }+ = e ._.._. ~ ~ L CC G Q. ~ w W ntl ueneH ~ ~ a (' ntl esouueH ..^p~ a ~ } v QQ ^tl PIeQ!Vwtl J ~ - ntl uewlleH 15 ue!lewe~ m ^tl x ueneH 1 ~1O" cmj ,~+ Q Q ~ m 4 m x ~H ~ ~ Q ~ V U Q V'. n .e ny uewpeH y ~a Q ~V U S e Q Q .`. 6 ny pie6ew p e~ S ` s~8:r rcp •` g _~Q f2~ __ :°x. e E` °_ € ny ena'J :€ `ev ~F° °s~' °S~ LL a • cJ w e o~atlEVE~ cEo cE~ P319 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 2012/13 Bud et Personnel Services Regular Payroll $146,770.00 Part-time Salaries 22,400.00 Fringe Benefits 71.770.00 Subtotal Personnel $240,940.00 Operations and Maintenance Operations and Maintenance $68,850.00 O & M Facilities 6,500.00 Vehicle Operations and Maintenance 2,000.00 Equipment Operations and Maintenance 3,800.00 Depreciation of Computer Equipment 0.00 Contract Services ~ 554,030.00 Contract Services/Facilities 5,000.00 Tree Maintenance 63,260.00 Utilities _ Telephone Utilities 3,800.00 Water Utilities 303,540.00 Electric Utilities 65,330.00 Assessment Administration 65,020.00 General Overhead 67.040.00 Subtotal Operations and Maintenance $1,208,170.00 Capital Expenditures Caoital Outlav -Vehicles $0.00 Subtotal Capital Expenditures $0.00 Total Expenditure Budget $1,449,110.00 Total Estimated Assessment $1,189,690.00 Less Anticipated Delinquencies - (26.050.00) Total Estimated Revenue $1,163,640.00 Plus Operating Reserve Fund Contribution 285.470.00 Total Expenditure Budget $1,449,110.00 Total Estimated Assessment $1,189,693.34 Total District-EBU Count 12,901.46 Actual Assessment per EBU -Fiscal Year 2012/13 $92.21 Maximum Allowable Assessment er EBU -Fiscal Year 2012/13 $92.21 Landscape Maintenance District No. 1 -City of Rancho Cucamonga 17 Fiscal Year 2012/13 P320 The maximum allowable assessment per EBU listed in the District budget above, is the amount which was approved in 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual, assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City of Rancho Cucamonga to maintain an Operating Reserve which shall not exceed the estimated casts 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, 2012 Reserve Fund Balance $612,890.00 Operating Reserve Contribution -Fiscal Year 2012/13 (285,470.00) it Ooeratina Reserve Collection -Fiscal Year 2012/13 0.00 i Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $327,420.00 Definitions of Budget Items The fallowing 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. 1 -City of Rancho Cucamonga 18 Fiscal Year 2012/13 P321 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. 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 19 Fiscal Year 2012/13 P322 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 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. 1 -City of Rancho Cucamonga 20 Fiscal Year 2012/13 e' • 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 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 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 Benefit Unit ("EBU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Benefit Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. Vacant parcels are assigned an EBU value of 0.25 per acre because they receive a lesser benefit from the improvements until such time as development occurs. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. P323 Landscape Maintenance District No. 1 -City of Rancho Cucamonga 21 Fiscal Year 2012/13 P324 Land-Use Equivalent Dwelling Units Pro ert T e Coun Use Code EBU 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 EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2012/13 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate er EBU Actual Assessment Rate er EBU Total Units/Acres Total EBUs Single Family Residential $92.21 $92.21 7,824.00 7,824.00 Multi-Family Residential 92.21 92.21 10,125.00 5,062.50 Non-Residential 92.21 92.21 6.98 13.96 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 22 Fiscal Year 2012/13 P325 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 23 Fiscal Year 2012/13 P326 a) w =' C.) .. 'i y '.„„„,. E 4 ❑ J e-0) Z o ® o G W U J f o rs— 1 .,-4i nv kuat-10 G 0 i c - 1' cc CD ' Co . Q j 0 m o ✓ ._LL < �._. _.._. N ^y ise3 6 a y v- fi jny epuenn!i3 ny epuenn!33 RS jle Newo Aea 11 [2) ..., ny Jelsayooa 1 Ay J91sa1.1oob Ay ua�!p!y� 1..—..—..—..--i iI ny U8)!II!W Ay uaneH ny uaneH ny esowie ny esowJaH ny Pleq!y3Jtf ny uewilaH -ny uewll3H s r v ny paenau!n Is ue!lawea )1111); It ts EC Eig111111:1 A anOJ 'a $ �ro C/) c CD y £ ti�� " _ _ o) a) L 2 0� z�21!:1 11 N 0 8 Q f igo:,id al N a �+ i g.;1116 CO p< _ IA i Yy�{ l 21¢18 11 ,.ei.zS ahti leg Win, an P327 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012/13 maximum and actual assessments for the District: Property Type (County Use Code Maximum Allowable Assessment Rate er EBU Total UnitslAcres Total EBUs Maximum Allowable Assessment Single Family Residential $92.21 7,824.00 7,824.00 $721,451.04 Multi-Family Residential 92.21 10,127.00 5,063.50 466,955.97 Non-ResidentialNacant 92.21 6.98 13.96 1,286.33 TOTALS 17,957.98 12,901.46 $1,189,693.34 Property Type (County Use Code Actual Assessment Rate er EBU Total UnitslAcres Total EBUs Actual Assessment Single Family Residential $92.21 7,824.00 7,824.00 $721,451.04 Multi-Family Residential 92.21 10,127.00 5,063.50 466,955.97 Non-ResidentiaWacant 92.21 6.98 13.96 1,286.33 TOTALS 17,957.98 12,901.46 $1,189,893.34 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following Annexation is effective for the 2012/13 Fiscal Year: Assessor's Annexation Total Total Pro e T e p ~ yp Parcel Project Date Units/Acres EBUs (County Use Code) Number 0207-022-56 03/07/12 DRC2011- 1 SFD 1.00 Single-Family Residential 00645 Landscape Maintenance District No. 1 -City of Rancho Cucamonga 24 Fiscal Year 2012/13 P328 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Landscape Maintenance District No. 2 (Victoria Planned Community) P329 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2741 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P330 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 ...............................................................................................17 ESTIMATE OF COSTS 18 District Budget ..........................................................................................................18 Definitions of Budget Items ...............:.......................................................................19 METHOD OF ASSESSMENT 21 General ............................................................................. ........................................21 Special Benefit ................................................................. ........................................21 General Benefit ................................................................ ........................................22 Method of Assessment Spread ........................................ ........................................22 ASSESSMENT D/AGRAM ASSESSMENT ROLL 24 25 Assessment Roll .......................................................................................................25 Annexations ..............................................................................................................25 P331 ENGINEER'S LETTER WHEREAS, on uune zo, zolz ,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. iz-oss;, 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 staff to prepare and file an Engineer's Report for Fiscal Year 2012/13 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 2012/73 Total Estimated Assessment $2,973,060.00 Less Anticipated Delinquencies 92 420.00 Total Estimated Revenue $2,880,640.00 Plus Reserve Fund Contribution 221,660.00 Total Expenditure Budget $3,102,300.00 Total District EBU Count 7045.17 Actual Assessment per EBU $422.00 Maximum Allowable Assessment per EBU $422.00 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: Landscape Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2012/13 P332 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. Ste erector of Engineering rvices/City Engineer Landscape Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2012/13 P333 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 vear referred to in the assessment. Landscape Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2012/13 P334 If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XI II 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. 2 -City of Rancho Cucamonga Fiscal Year 2012/13 P335 PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located south of the I-210 Freeway, west of Etiwanda Avenue, southwest of the 1-15 Freeway and east of Haven Avenue, also known as the Victoria Planned Community, and are more particularly in the diagram of the District included herein. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements maintained by the District include the parkways, median islands, street trees, paseos, community trails and parks within the Victoria Planned Community and as such are of direct and special benefit to the parcels within that community. These improvements are located within the street public right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, turf, ground cover, shrubs and trees, sprinkler and irrigation systems, drainage systems, masonry walls, entryway monument, and associated appurtenances. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. Park lighting as well as lighting along the paseos/walkways is also included. 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: Kenyon Park, Windrows Park, Ellena Park, Vintage Park, Victoria Groves Park and Victoria Arbors Park. The breakdown of maintained areas is as follows: Site # Descriptive Location 2-1 The west side of Arbor Lane from the traffic circle to Church. The Arbor Lane median from Church to the traffic circle. The east side of Arbor Lane from Long Meadow.to Church. The paseo from the west side of Arbor Lane to Day Creek Blvd. 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. The south side of Long Meadow Drive from Freestone Court to Duck Creek Place. Ground cover area: 93,639 square feet Hardscape: 59,041 square feet 2-2 The northwest corner of Day Creek Blvd. and Church. The north side of Church from Day Creek Blvd. 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 PI. 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. Landscape Maintenance District No. 2 -City of Rancho Cucamonga 5 Fiscal Year 2012/13 P336 Ground cover area: 24,018 square feet Hardscape: 26,617 square feet 2-3 The west side of Day Creek from 250 feet north of Appellation to Church. The east side of Day Creek from Church to Madrigal. The Day Creek median from Church to Baseline. The south side of Madrigal from Day Creek to Roundhill. Ground cover area: 35,420 square feet Hardscape: 42,671 square feet 2-4 Victoria Park Lane from Baseline to the east entrance of Arbor Park. The southwest corner of Victoria Park Lane and Baseline. The southeast corner of Victoria Park Lane to 445 feet east of Victoria Park Lane. Ground cover area: 36,482 square feet Turf area: 3,874 square feet Hardscape: 32,927 square feet 2-5 The east and west side of Victoria Park Lane and the medians from Mosaic Dr. to Church. Ground cover area: 56,358 square feet Hardscape: 20,390 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 Dr... Ground cover area: 21,616 square feet Hardscape: 15,159 square feet 2-7 The north side of Church from Victoria Park Lane to Arbor Lane. The northwest corner of Victoria Park Lane and Church. The paseo from the north side of Church to Elk Cove Court. The paseo from the north side of Church to Freestone Court. The northeast corner of Arbor Lane and Church. Ground cover area: 16,609 square feet Hardscape: 13,730 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 PI. from Church to Wild Horse Way. The paseo from the north side of Church to Cloudy Bay Ct. The medians from Iron Horse PI. to Etiwanda. Ground cover area: 35,122 square feet Hardscape: 28,473 square feet '863 square feet of ground cover added due to the addition of the Silver Rose paseo on 2- 14-07.The previous square footage was 34,259. 2-9 The landscaped slope behind existing landscape of site 2-5 on the west side of Victoria Park Lane from 475 feet north of Long Meadow Dr. to Long Meadow Dr. The landscape slope and curb adjacent parkway from Victoria Park Lane to 685 feet west of Victoria Park Lane. Ground cover area: 26,213 square feet Hardscape: 5,617 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 Hardscape: 3,474 square feet Mulchscape: 0 square feet VW-2 The north side of Baseline 300 feet east and 200 feet west of Swanson. The east and west sides of Swanson from Baseline to Province. The paseo from the intersection of Landscape Maintenance District No. 2 - City. of Rancho Cucamonga Fiscal Year 2012/13 P337 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 Hardscape: 22,615 square feet VW-3 The Victoria Park Lane median and the west and east side parkways from Baseline to the entrance to Victoria Village. Ground cover area: 24,453 square feet Turt area: 2,637 square feet Hardscape: 3,214 square feet VW-4 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 Hardscape: 6,428 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 Hardscape: 5,467 square feet VW-6 The paseo running north from 12732 Farrington to the Southern Pacific Railroad. Ground cover area: 285 square feet Hardscape: 679 square feet VW-7 The paseo running north from 12840 Farrington to the Southern Pacific Railroad. Ground cover area: 266 square feet Hardscape: 552 square feet 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 Hardscape: 6,150 square feet Mulchscape: 0 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 Hardscape: 3,720 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...The east side of Victoria Park Lane from North Victoria Windrows Loop at Windrows Park to Dahlia Ct. Ground cover area: 25,148 square feet Turt area: 37,350 square feet Hardscape: 11,400 square feet *4-15-10 Reduction of 2,250 square feet of ground cover. Area between Windrows Park and outer trail fence has been mulchscaped and turned over to the Parks Department. Landscape Maintenance District No. 2 -City of Rancho Cucamonga Fiscal Year 2012/13 P338 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...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 Hardscape: 6,988 square feet VW-12 The Victoria Park Lane median from the intersection of North and South Victoria Windrows Loop to 390 feet east of Day Creek. The parkway on the north side of Victoria Park Lane from the intersection of North and South Victoria Windrows Loop to 390 feet east of Day Creek. The parkway on the west side of north Victoria Windrows Loop from Silverberry to Victoria Park Lane. The parkway on the south side of Silverberry from 390 feet east of Day Creek to North Victoria Windrows Loop. Ground cover area: 149,010 square feet Turf area: 38,842 square feet Hardscape: 12,868 square feet VW-13 The parkway on the south side of Victoria Park Lane from 390 feet east of. Day Creek to South Victoria Windrows Loop. 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 Hardscape: 7,200 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 390 feet east of Day Creek. The parkways on the east and west sides of Basswood from Sugargum to Blazing Star. 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 Hardscape: 27,560 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 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 390 feet east of Day Creek. The paseo from North Victoria Windrows Loop at Silverberry to Nasturtium. The paseo from North Victoria Windrows Loop at Locust to Pistachio and continuing to Bougainvillea. Ground cover area: 45,929 square feet Turf area: 12,207 square feet Hardscape: 23,630 square feet VW-16 The south side of Highland from 455 feet east of Day Creek to 534 feet east 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 Twinspur to Locust. Ground cover area: 26,577 square feet Turf area:- 23,922 square feet Hardscape: 19,203 square feet Landscape Maintenance District No. 2 -City of Rancho Cucamonga 8 Fiscal Year 2012/13 P339 VW-17 This site was modified and added to VW-16, 1-5-99.. VW-18 The south side of Highland from 12583 Highland to Rockrose. Ground cover area: 2,800 square feet Turf area: 8,515 square feet Hardscape: 3,325 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. The horse trail from Highland and Etiwanda to the Fire Station. Ground cover area: 21,027 square feet Turf area: 32,266 square feet Hardscape: 11,298 square feet VW-20 The parkway on the south side of North Victoria Windrows Loop from Victoria Park'Lane to Plum. The parkway on the west side of North Victoria Windrows Loop from Plum Way to Rosemary Ct...The paseo from Tipu PI. east to the open field. . 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 Turf area: 16,411 square feet Hardscape: 9,132 square feet VW-21 The east side of North Victoria Windrows Loop from Rosemary Ct. to the trail south of Kalmia St. The trail and paseo from North Victoria Windrows Loop south of Kalmia St. to Etiwanda Ave. and north to the Fire Station. The south side of Basil St. from North Victoria Windrows Loop to Santolina PI.. Ground cover area: 49,187 square feet Turf area: 57,532 square feet Hardscape: 19,600 square feet VW-22 The paseo from North Victoria Windrows Loop at Rockrose to the northeast corner of Windrows Park and from that corner to Plum. Ground cover area: 13,689 square feet Turt area: 19,953 square feet Hardscape: 9,489 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. The parkway on the south side of North Victoria Windrows Loop from Bougainvillea Ct. to Rosemary. Ground cover area: 18,299 square feet Turt area: 3,425 square feet Hardscape: 10,352 square feet VW-24 The M.W.D. easement from Jasmine and Ironbark to Sweet Gum Dr. Ground cover area: 475 square feet Turt area: 4,730 square feet VW-25 The north side of Baseline from 384 feet west of Wanona to Etiwanda. The west side of Etiwanda from Baseline to Craig. The Baseline median from Swanson PI. to Etiwanda. Ground cover area: 20,934 square feet Turf area: 3,079 square feet Hardscape: 12,799 square feet Landscape Maintenance District No. 2 -City of Rancho Cucamonga 9 Fiscal Year 2012/13 P340 VW-26 The paseo from Grape to 630 feet west of Grape. Ground cover area 7,021 square feet Hardscape: 8,548 square feet VW-27 The south side of Baseline from 251 feet west of Swanson to Etiwanda. The Baseline median from Victoria Park Lane to Swanson Place. Ground cover area 18,816 square feet Hardscape: 17,233 square feet 'This site had 2 667 feet of ground cover added due to addition of Baseline median 6-8- 2005. VG-1 The turf 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 turt on the north side of Victoria Park Lane from 275 feet east of Milliken to Fairmont. The turf 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 Hardscape: 17,300 square feet VG-2 The turf 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 turt 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 Hardscape: 20,173 square feet VG-3 The turf and ground cover north of the sidewalk on the north side of Fairmont from Nova Ct. continuing on that curb line to York PI. and the turf south of the sidewalk on the north side of Fairmont from Armstrong PI. 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 Hardscape: 26,848 square feet VG-4 The turf and ground cover on the south side of Fairmont from Armstrong to Milliken. The turf 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 Hardscape: 12,278 square feet landscape Maintenance District No. 2 -City of Rancho Cucamonga 10 Fiscal Year 2012/13 P341 VG-5 The paseo from Biola at Amarillo to Delaware at York. Ground cover area: 12,448 square feet Turt area: 44,896 square feet Hardscape: 7,992 square feet VGA The paseo beginning at the northeast corner of Victoria Groves Park and Fairmont and extending to the Deer Creek Channel. Ground cover area: 73,442 square feet Turf area: 74,778 square feet Hardscape: 16,629 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 Hardscape: 15,806 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 Turf area: 8,614 square feet Hardscape: 8,281 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 Dr. from Fairmont to Baltimore Ct... The turf and ground cover on the north side of Baltimore Dr. from Fairmont to Vanderbilt. The turf 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 Hardscape: 13,542 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 turt 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 Hardscape: 5,320 square feet VG-11 The east and west side parkways and median of Milliken from Baseline to the Southern Pacific Railroad. The north side of Baseline from 542 feet east of Milliken to Milliken. Ground cover area: 31,367 square feet Turf area: 17,264 square feet Hardscape: 25,524 square feet 'This site was reduced on 4-1-2002 by 25,718 sq. ft. of turf and 3,037 sq. ft. of ground cover Landscape Maintenance District No. 2 -City of Rancho Cucamonga 11 Fiscal Year 2012/13 P342 VG-12 The turt and ground cover on the south side of Fairmont from the southeast corner of Milliken and Fairmont along the 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 the curb line to Milliken. The turt 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 Turf area: 36,431 square feet Hardscape: 27,004 square feet VG-13 The paseos from Victoria Park Lane to Verona, Verona to Napoli, and Genova to Tivoli. Ground cover area: 17,993 square feet Turf area: 16,344 square feet Hardscape: 8,376 square feet VG-14 The Baseline median from Milliken to Ellena East. The turf and ground cover on the north side of Baseline from Ellena East to Ellena West. The turt and ground cover on the east side of Ellena West from Baseline and following the 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 turf and ground cover on both sides of Crema Place from Ellena west to Candela. Ground cover area: 89,456 square feet Turf area: 62,999 square feet Hardscape: 44,826 square feet VG-15 The turt and ground cover on the west side of Rochester from the Southern Pacific Railroad to Baseline. The turf and ground cover on the north side of Baseline from Rochester to Ellena East. The Baseline Median from Rochester to Ellena East. The turf and ground cover on the east side of Ellena east from Baseline 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: 58,588 square feet Turf area: 57,306 square feet Hardscape: 36,014 square feet VG-16 The paseo from Baseline to Ellena West with entrances to Amelia and Pavola. Ground cover area: 9,661 square feet Turf area: 11,529 square feet Hardscape: 5,804 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 Hardscape: 16,394 square feet VG-18 The paseo from Rapa llo to Gandino and south to the Southern Pacific Railroad. Ground cover area: 4,281 square feet Hardscape: 1,308 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 Hardscape: 7,380 square feet Landscape Maintenance District No. 2 -City of Rancho Cucamonga 12 Fiscal Year 2012/13 P343 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 turf 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 to Lomello. The Victoria Park Lane median from Milliken to Pandino 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 Hardscape: 22,177 square feet VG-21 The ground cover on the east side of Parma from Victoria Park Lane to Lomello. The ground cover 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 turt and ground cover on the south side of Victoria Park Lane from Fairmont to 422 feet east of Kenyon. The turf and ground cover on the east and west sides of Kenyon from Victoria Park Lane to the Southern 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 Hardscape: 34,478 square feet 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 the sidewalk from Kenyon to the east side of Vintage Park. The turf and ground cover on the south side of Victoria Park Lane from the east side of Vintage Park to Rochester. The turf 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 Hardscape: 20,863 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 turt and ground cover on the north and south side of Lark from Kenyon to the west property line 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. Ground cover area: 63,733 square feet Turf area: 82,565 square feet Hardscape: 39,297 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 Hardscape: 5,622 square feet Landscape Maintenance District No. 2 -City of Rancho Cucamonga 13 Fiscal Year 2012/13 P344 VG-25 The paseo west of Torino from Kenyon to Highland. The turf 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 Hardscape: 14,353 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 Hardscape: 3,615 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. Ground cover area: 4,030 square feet Turf area: 3,006 square feet Hardscape: 4,222 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 Hardscape: 5,593 square feet VG-29 The north side of Kenyon from Milliken to Fairmont. The groundcover on the east side of Fairmont, east of the sidewalk, from Kenyon to the 210 freeway. Ground cover area: 20,178 square feet Turf area: 16,877 square feet Hardscape: 5,736 square feet 'Reduction of 18,940 of turf on 7-1-00. ' Reduction of 5,670 square feet of groundcover on 3-20-03. 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 Turf area: 2,462 square feet Hardscape: 4,860 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 Hardscape: 13,764 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 Hardscape: 8,292 square feet VG-33 The paseo at the north end of Sapri to the Southern Pacific Railroad. Ground cover area: 894 square feet Hardscape: 318 square feet Landscape Maintenance District No. 2 -City of Rancho Cucamonga 14 Fiscal Year 2012/13 P345 VG-34 The paseo at the north end of Bronte to the Southern Pacific Railroad. Ground cover area: 894 square feet Hardscape: 318 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 Turf area: 11,150 square feet Hardscape: 17,555 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 Turt area: 10,500 square feet Hardscape: 8,004 square feet VG-37 The paseo at the end of Ardmoor Ct. to the Southern Pacific Railroad. Ground cover area: 1,350 square feet Hardscape: 950 square feet VG-38 The east side of Milliken from 106 feet north of Victoria Park Lane to Kenyon. The north and south side of Spring Mist Drive from Milliken to Summerstone. The south side of Kenyan from Milliken to Kenyon Park. Ground cover area: 28,051 square feet Turf area: 4,533 square feet Hardscape: 12,879 square feet VG-39 The north side of Victoria Park-Lane from Kenyon paseo to 132 feet east of Milliken. The Kenyon paseo from Victoria Park Lane to Fairwinds Court. The paseo from Victoria Park Lane to the south west corner of Kenyon Park. Ground cover area: 55,089 square feet Turf area: 13,120 square feet Hardscape: 7,676 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 Hardscape: 12,314 square feet VG-41 The west side of Rochester from 294 feet south of Highland to Lark. The north side of Lark from Rochester to 1230 feet west of Rochester. Ground cover area: 31,413 square feet Hardscape: 13,338 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. The north side of Highland from Rochester to Woodruff. Ground cover area: 40,346 square feet. Hardscape: 15,445 square feet *This site originally was 18,464 square feet before the addition of 21,882 square feet to the north side of Highland. Landscape Maintenance District No. 2 -City of Rancho Cucamonga 15 Fiscal Year 2012/13 P346 VG-43 The north side of Victoria. Park Lane and the median from Day Creek Blvd. to Day Creek Channel. The east and west side of Kensington PI. from Victoria Park Lane to Stratford Dr. Ground cover area: 70,669 square feet Turf area: 7,888 square feet Hardscape: 18,426 square feet VG-44 The west side of Day Creek Blvd. from 572 feet north of Silverberry to Day Creek Blvd. The south side of Silverberry from Kensington to Day Creek Blvd. Ground cover area: 36,835 square feet Hardscape: 24,376 square feet VG~S 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 Hardscape: 5,589 square feet VG-46 The Baseline median from 657 feet east of Virginia Dr. to Rochester. The north side of Baseline from 278 feet east of Virginia to Rochester. The paseo from the northeast corner of Rochester and Base Line to Huntley. The east side of Rochester from Baseline to 105 feet north of Shenandoah. Ground cover area: 33,135 square feet Hardscape: 19,340 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. Ground cover area: 9,515 square feet. . Hardscape: 7,926 square feet *This site had an addition 6-8-2004 6,272 square feet of ground cover for median. 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 Hardscape: 29,217 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 Hardscape: 32,296 square feet VG-50 The west side of San Carmelo from 389 feet north of Baseline to Baseline. The north side of Baseline from Carmelo to 264 feet west of Durness. Ground cover area: 18,043 square feet Hardscape: 12,383 square feet VG-51 The Paseo south of Saxon to Southern Pacific Railroad. Ground cover area: 1,398 square feet Hardscape: 969 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 Hardscape: 3,325 square feet Landscape Maintenance District No. 2 -City of Rancho Cucamonga 16 Fiscal Year 2012/13 P347 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 Hardscape: 7,720 square feet VG-54 The east side of Rochester from Shenandoah to the Southern Pacific Railroad. Ground cover area: 6,684 square feet Hardscape: 5,136 square feet VG-55 The pasec north of Westhaven to the Southern Pacific Railroad. Ground cover area: 1,775 square feet Hardscape: 2,575 square feet VG-56 The south side of Highland from 1,317 feet west of Day Creek to 1,085 feet west of Day Creek including the non-irrigated slope on the south side of the sidewalk. Ground cover area: 6,864 square feet Hardscape: 1,761 square feet VG-57 The north side of Highland from Fairmont Way to the Day Creek Channel. Ground cover area: 16,157 square feet Hardscape: 17,405 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. 2 -City of Rancho Cucamonga 17 Fiscal Year 2012/13 a~ m~ o^ M O lf') r O ^ ~hd~aNO ~ a y a a i~ (7 ~Or N ~ N rt1L~rtn~p~~~m/r~m~~~ ~~ ~N~ N ~ ___ z III1IIm~,I33 ~ AHO ~~17` ~~~ U - w !ay c9 c~5~®Q~c~7~N Ga~ ®°® _II ~ 18~N3321~ Ab y '° 4 ~ -> I 0 ID nrrrrmm ~ ~ N N 1>II C7 t~'1 ~ ~ rM ~mi '~> ® ®~ ~~.llIL1U ~ e q kyr mm~a ~IiTr~ (~ o ~ > ~ ~ ~~`> ~ a> > I> F~ni "~ ~TlilUlllll ~rtRrt) o® ~ O O~ TrirTrrfl 1711. o 0 w N ? ~..>~~> p ~ hV'N31S3H~021 _ m a LY~Y( U' N >BC7 > > ~nrn` E c_~3 ~5°s Cl €E€n m~$~gvm~ !0 O t7 O,O ~ > ~ pg•~' :Jc~~Etc=`~~ AErc T3om V ~> io et ~N ra 0 .> ~ ~~ `o_~m~-°m$~oippO=`ma NN (~ M N n2Em~Tv p biTA N ~ ~ {~(~ > (7 H1 ® p~Og00~ ~2~n CryU-CC Cn~q G ~ ~ 0~ Ur~ O O > ~ E=~E~~vc`oE d~tON N`F /A ® Z > L V O O~~ L `' y 0 0~ v~ E 0 a n J ~ tlrs]y o. ~0~ ~~r,y ~>® U,~ p1t ~ 9 o u ~. " 9 ~ n e 9 - " C N (7 >. (7 >. > mmmn~m oo~~mmaa man ~~ I Q 7Q TII1ri RIRRR... w L y m M 4 fr m° m t~~ m a p ~ $ ~°co- _ d _t~V-N3~971W i~0 ~ J mm ~~_ vi0 mrrmgoo~'rc c=n~~~m@ {~ ~ ",Q> > ~ ;. Qm Ervaom~ogo yo'-° m='~T~'-_° 17 ~V 0~ O ~ ~~pp~ ~'m iaE3~55°c_~a3r ~'9 Fv b'b O k~~ ~ ~ _ ....~97 9~EFJGINL.MW.~JI ) a -~ //'-L I QI11117(J~.WJ ICI > ~ > ~>' > H ~ ~ ~ F ~ III Z ~ d J rn U 9 ~ ¢ w ~ a i 'Q a W ~ J U ~ i I ~ ~~ d z ~- rn z W :°. ~ ~ ~ 3 ~ w W m U1 Q ~ ~__ C ~ O~ ~~~1j1~l1 ~~II(~" J U' W N p U-' ~ Y LL p W W U ... k x O I o ~ ~~tlllllll ~ ~ > ~ > ~ U d d? (n LL d ~N ~~-ryp U Cf] O ~ ~ ~' ~U~ ~~. Z ~ ~ mrmrm , 3 --~ V l ~i I :ST ~ ~/~V-N 3hVNID.-rrtrrrrrrtrM~4IDII~1J ~- ~ ~ ~ ~ ~ ~ ~ ~ ~ P349 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 Budget Estimated 2012/13 Bud et Personnel Services Regular Payroll $681,510.00 Overtime Salaries 1,090.00 Part-time Salaries 80,320.00 Fringe Benefits 327.900.00 Subtotal Personnel $1,090,620.00 Operations and Maintenance Operations and Maintenance $56,550.00 Vehicle Operations and Maintenance 5,000.00 Contract Services 825,290.00 Tree Maintenance 94,950.00 Utilities Telephone Utilities 1,180.00 Water Utilities 720,960.00 Electric Utilities 82,660.00 Assessment Administration 34,870.00 General Overhead 190.020.00 Subtotal Operations and Maintenance $2,011,480.00 Capital Expenditures Capital Outlav -Vehicles $0.00 Subtotal Capital Expenditures 0.00 Total District Expenditure Budget $3,102,300.00 Total Estimated Assessment $2,973,060.00 Less Anticipated Delinquencies ~ (92.420.001 Total Estimated Revenues $2,880,640.00 Plus Operating Reserve Fund Contribution 221.660.00 Total Expenditure Budget $3,102,300.00 Total Estimated Assessment $2,973,059.63 Total District EBU Count 7,045.17 Actual Assessment per EBU -Fiscal Year 2012/13 $422.00 Maximum Allowable Assessment er EBU -Fiscal Year 2012/13 $422.00 Landscape Maintenance District No. 2 -City of Rancho Cucamonga 18 Fiscal Year 2012/13 P350 The maximum allowable assessment per EBU listed in the District budget above, is the amount which was approved in 1996197 and subsequent District annexations. Each year, prior td the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City 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, 2012 Reserve Fund Balance $2,614,610.00 Operating Reserve Contribution -Fiscal Year 2012/13 221,660.00 Ooerating Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $2,392,950.00 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: 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. Landscape Maintenance District No. 2 -City of Rancho Cucamonga 19 Fiscal Year 2012!13 P351 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., 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. 2 -City of Rancho Cucamonga 20 Fiscal Year 2012/13 P352 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 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. 2 -City of Rancho Cucamonga 21 Fiscal Year 2012/13 P353 • 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 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 farmed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Benefit Unit ("EBU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Benefit Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Landscape Maintenance District No. 2 -City of Rancho Cucamonga 22 Fiscal Year 2012/13 P354 Land-Use Equivalent Dwelling Units Pro ert T e Coun Use Code EBU Value Multi lier Single Family Residential 1.00 Dwelling Unit Condominium 1.00 Dwelling Unit Multi -Family 1.00 Dwelling Unit Commercial/ Industrial 2.00 Acre Vacant (incl. all undeveloped 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 EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2012/13 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate er EBU Actual Assessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $422.00 $422.00 6,347.00 6,347.00 Multi-family $422.00 $422.00 589.00 589.00 Commercial/Industrial $422.00 $422.00 52.27 104.54 Vacant $422.00 $422.00 18.50 4.63 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 23 Fiscal Year 2012/13 P355 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 24 Fiscal Year 2012/13 P356 N H w V ~ 'i w N y y D J N Z ~ o ~ rr' ~ C ~ U ~ c0 ¢ W ~~L o C i J Lf o . ~ ~ _~., ny ~(JJay~ C r.~.._.._..~ ~ ~ ~ ~ ~, ~ _ J m ~ d = N L 3 ~ O ~ ~ m ii Q 1 ............r............. y ~ YnH ise3 in 1 t C my epuem!13 - i......... ~ ~ ~ ny epuenn!13 J i ~- i 1~i i 18 >IaaJ~ ~(ea - ~ i ~.._..~.._.._.._..~.y ny Jalsayooa ~ -- ~ ®~ny Jalsayaoa ;~ l_ i ~..~ ~, i \ j i 1 _ _.. -_ ny ua~!II!W r.~.._.._.._.~~..--- --- i n`d ua~l!II!W i ~i i i / i ~~ .~ ny uaneH ~ - - -- -~ ~ - -- ~ ~ my uaneH i ! ny esowJaH ~ -- -- _- - i my esowJaH i nt/ PIe9!4oJb' i enb PIeQ!4oJb' i ~ ny uewllaH ~ -- - - - ~~~~ ny uewllaH 1 •,~° ~ L i ~ - - f ~ ~ i ~ -i ny pJe~(au!n iS uepawe~ i -- - - -- -- ~ ` i 5 .. ! t~~~~iE~ tiE ~ t ~~~ -~ ~ ~ o a 'p QtE7~~~g m ~€~~f~~~~~~a f g £tf. YE 4~Ee P357 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012/13 maximum and actual assessments for the District: Property Type Coun Use Code Maximum Allowable Assessment Rate er EBU Total Units/Acres Total EBUs Maximum Allowable Assessment Single Family Residential $422.00 6,347.00 6,347.00 $2,678,434.00 Multi-family $422.00 589.00 589.00 $248,558.00 Commercial/Industrial $422.00 52.27 104.54 $44,115.88 Vacant $422.00 18.50 4.63 $1,951.75 Property Type Coun Use Code Actual Assessment Rate er EBU Total Units/Acres Total EBUs Actual Assessment Single Family Residential $422.00 6,347.00 6,347.00 $2,678,434.00 Multi-family $422.00 589.00 589.00 $248,558.00 Commercial/Industrial $422.00 52.27 104.54 $44,115.88 Vacant $422.00 18.50 4.63 $1,951.75 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no Annexations effective for the 2012/13 Fiscal Year. Landscape Maintenance District No. 2 -City of Rancho Cucamonga 25 Fiscal Year 2012/13 P358 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Landscape Maintenance District No. 3A (Hyssop) P359 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 L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III T P360 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 ASSESSMENT ROLL 12 13 Assessment Roll .......................................................................................................13 Annexations ..............................................................................................................13 P361 ENGINEER'S LETTER WHEREAS, on June zo, zo12 ,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. tz-oas~ 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 staff to prepare and file an Engineer's Report for Fiscal Year 2012/13 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 2012H3 Total Estimated Assessment $3,720.00 Plus Anticipated Delinquency Penalty 630.00 Total Estimated Revenue $4,350.00 Plus Reserve Fund Contribution 3 680.00 Total Expenditure Budget $8,030.00 Total District EBU Count 9.00 Actual Assessment per EBU $413.74 Maximum Allowable Assessment per EBU $413.74 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the 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. 3A -City of Rancho Cucamonga Fiscal Year 2012/13 P362 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 . S e erector of Engineering Services/City Engineer Landscape Maintenance District No. 3A -City of Rancho Cucamonga Fiscal Year 2012/13 P363 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 vear referred to in the assessment. Landscape Maintenance District No. 3A -City of Rancho Cucamonga Fiscal Year 2012/13 P364 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 showri 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 apposition 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 2012/13 P365 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 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 following page shows 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 2012/13 P366 I Z a ~ w F ~ ~ ~ w w a ~ W O (n ~ O J ~ y _Q $ K Q K Q W ~~Q y S K gWg f7 C7 Y O W ^ U a ~~~ N 5 ~ ~ a a ~~ ~ ° ~ ~ I 1 I I ° j - ~ M 5 ~b~~ , ~ ~ _-- ---- ---- -- ~ -- V ~ ~ _ o ' - - -- -- i " " 4 .y ~ - ~ o - :~..~..~ C ~ -xl ~ ~ ~ ~ T M,_, d•S,L I d?Jd0 S ~~ ~~~ _dadO Sbl - l~ _ ~ o ,~ -- --- o Q tQ o Z ~ V a -- - -- - _ -- _ ~- _ -~ - - J ~~.Q - ~~°Fge ~~ ~ €~Ea ~_ E °E aEO ° E "FY un~e aS q 5° E - °O `[°e°cv1~EY` a ~E°E:. S9eV Pe ~vC 'O Z aceV e`e Fo eSSei e^ W~ C~J E°°~u °e~ES° E~Ee¢€;g P367 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 Budget Estimated 2012/13 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 $500.00 Contract Services 5,940.00 Utilities Water Utilities 900.00 Electric Utilities 600.00 Assessment Administration 50.00 General Overhead 40.00 Subtotal Operations and Maintenance $8,030.00 Capital Expenditures Capital Projects 0.00 Subtotal Capital Expenditures $0.00. Total Expenditure Budget $8,030.00 Total Estimated Assessment $3,720.00 Plus Anticipated Delinquency Penalty 630.00 Total Estimated Revenue $4,350.00 Plus Operating Reserve Fund Contribution 3.680.00 Total Expenditure Budget $8,030.00 Total Estimated Assessment $3,723.66 Total District EBU Count 9.00 Actual Assessment per EBU -Fiscal Year 2012/13 $413.74 Maximum Allowable Assessment er EBU -Fiscal Year 2012/13 $413.74 The maximum allowable assessment per EBU listed in the District budget above, is the amount which was approved in 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it Landscape Maintenance District No. 3A -City of Rancho Cucamonga Fiscal Year 2012/13 P368 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, 2012 Reserve Fund Balance $44,580.00 Operating Reserve Contribution -Fiscal Year 2012/13 (3,680.00) Operating Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $40,900.00 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: 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. 3A -City of Rancho Cucamonga Fiscal Year 2012/13 P369 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. 3A -City of Rancho Cucamonga Fiscal Year 2012/13 P370 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 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. 3A -City of Rancho Cucamonga Fiscal Year 2012/13 P371 • 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 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 Benefit Unit ("EBU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Benefit Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Pro e T e Coun Use Code EBU Value Multi tier Non-Residential 1.00 Parcel Landscape Maintenance District No. 3A -City of Rancho Cucamonga 10 Fiscal Year 2012/13 P372 The use of the latest Coynty Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2012/13 maximum allowable assessment rates for the District: Maximum Allowable Property Type Assessment Rate Actual Assessment Total Total (County Use Code) er EBU Rate per EBU Units/Acres EBUs Non-Residential $413.74 $413.74 9 9 The total amount of maintenance and incidental costs far maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Landscape Maintenance District No. 3A -City of Rancho Cucamonga 11 Fiscal Year 2012/13 P373 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County San Bernardino; at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 3A -City of Rancho Cucamonga 12 Fiscal Year 2012/13 P374 Q N N M ~~ `~ '~ a ~ a' o ~ ~ ° _ ~ i~ ny tila4~ Cf r. y ~ V ~ .._.._.._.._ ~ J 1.r o i y N i C G J N m - K O ^` y ~ N ~ m _ L O O C ! ` a i .LL inb'~se3 in i ® i L ~ ~ i ny epuen~l;3 _.._.._.. I ny epuennl;3 Q i _ . 1 1 1 _ i y ~jg >laa~~ ~(ea a ._.._.._.._.._.._.._.., ; C ny ~a;sayooa !- ny ~a;sayooa ~ i ~ J ,~..~ 1 - I ny ua>I!II!W ~._.._.._.._..- -- ! ny ua~!II!W i i i i i ! ny uaneH ~ .- - i - - my uaneH i i _ ny esow~aH j ! ny esow~aH i 1 nH Pleq!yo~y ~ ` jnH Pley!yo~ d I s ny uewllaH i - ~•+" ~ ny uewllaH 1 't" L r v ny p e~(au !n 3S uepawe~ ~ ~ i •~ i a~~cli~ ~~P 1 i~ ~ ~p '~ '~ °s of ~l$ pC~ 1 r.._.._ .• ~ d .._.-•Y.._..-° - -' ny anal ~ ag€<~ 1~~~~$` 9E p ~ ~ ~ ~.._..~_.._.._.._.._•i• (~ - ~ ~ t o O. Q eD ~=5 ~~ ~I!y F I s:~f I~F o ~ C m C1) LL FF~ , la ~° ~ T { ~E¢ ii§E d$:ee V C N g @~ cC a @ g m = ~~~ ~~~~~~~ ~ g ~ ~ E1~ 3 ~~ 41 aPg °°a~~l~a ~ C ~ a~ a~° <U §i 9y 'd egg, s!d~ b28 o~IF Ca~~~ P375 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012/13 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable Coun Use Code er EBU Units/Acres EBUs Assessment Non-Residential $413.74 9 9 $3,723.66 Actual Property Type Assessment Rate Total Total Actual Coun Use Code er EBU Units/Acres EBUs Assessment Non-Residential $413.74 9 9 $3,723.66 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no annexations effective for the 2012/13 Fiscal Year. Landscape Maintenance District No. 3A -City of Rancho Cucamonga 13 Fiscal Year 2012/13 P376 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Landscape Maintenance District No. 3B (Commerciallndustrial) P377 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P378 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 Benefit .........................................................................................................12 General Benefit ...............................:........................................................................13 Method of Assessment Spread ................................................................................13 ASSESSMENT DIAGRAM ASSESSMENT ROLL 15 16 Assessment Roll .......................................................................................................16 Annexations ..............................................................................................................16 P379 ENGINEER'S LETTER WHEREAS, on June zo; zotz ,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. ~t2-ossr 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 staff to prepare and file an Engineer's Report for Fiscal Year 2012/13 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 2012/13 Total Estimated Assessment $992,850.00 Less Anticipated Delinquencies 48 560.00 Total Estimated Revenue $944,290.00 Plus Reserve Fund Contribution 392 540.00 Total Expenditure Budget $1,336,830.00 Total District EBU Count 2,814.21 Actual Assessment per EBU $352.80 Maximum Allowable Assessment per EBU $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 casts 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 2012/13 P380 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, Director of Engineering Services/City Engineer Landscape Maintenance District No. 36 -City of Rancho Cucamonga Fiscal Year 2012/13 P381 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. 3B -City of Rancho Cucamonga Fiscal Year 2012/13 P382 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 outliried 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 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 2012/13 P383 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 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-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 Turf 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 Landscape Maintenance District No. 38 -City of Rancho Cucamonga Prepared by NBS -Fiscal Year 2012/13 P384 J-9 The Milliken railroad underpass 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. Ground Cover area: 8,559 square feet J-15 The 6th Street median form Haven to Utica. Ground Cover area: 7,680 square feet. J-16 Day Creek median from Church to Foothill. Ground cover area: 8,466 square feet `Site was 2-9 and maintained by TruGreen. Now maintained by Mariposa. J-17 The Day Creek medians south of Foothill including the traffic circle. Ground cover area: 6,490 square feet `Site was 2-10 and maintained by TruGreen. Now maintained by Mariposa. H-1 The Haven median from 4th Street to 6th Street. Ground cover area: 12,270 square feet Turf area: 8,935 square feet H-2 The Haven medians from 6th Street to the underpass bridge. The east and west side parkways and slopes on Haven from Acacia Street to underpass bridge. Ground cover area: 51,760 square feet Turf area: 2,960 square feet *Site increased on 9-22-10 due to Haven Underpass Project. H-3 The Haven medians from underpass bridge to Arrow Route. The east and west side parkways and slopes on Haven from the underpass bridge to Jersey Blvd... Ground cover area: 53,181 square feet Turf area: 3,029 square feet `Site increased on 9-22-10 due to Haven Underpass Project. H-4 The Haven median from Arrow Route to Foothill. Ground cover area: 8,348 square feet Turf area: 6,808 square feet H-5 The Haven median from Foothill to Church. Ground cover area: 6,216 square feet Turf area: 5,286 square feet The total square footage for the improvement is 11,502; however, due to the location of the improvement the other half is maintained by LMD 4-R. Landscape Maintenance District No. 3B -City of Rancho Cucamonga Prepared by NBS -Fiscal Year 2012/13 P385 FH-1 The Foothill median from Spruce to Haven. Ground cover area: 4,571 square feet The total square footage for the improvement is 9,141; however, due to the location of the improvement the other half is maintained by LMD 4-R. FH-2 The Foothill median from Spruce to Milliken. Ground cover area: 7,940 square feet The total square footage for the improvement is 15,879; however, due to the location of the improvement the other half is maintained by LMD 4-R. FH-3 The Foothill median from 790 feet west of Market Place to Market Place. Ground cover area: 4,434 square feet FH-4 The Foothill median from Market Place to Etiwanda. Ground cover area: 10,392 square feet FH-5 The Foothill median from 360 feet west of Masi Dr. to 516 feet west of Masi Dr. Ground cover area: 800 square feet The total square footage for the improvement is 1,600; however, due to the location of the improvement the other half is maintained by LMD 4-R. FH-6 The Foothill median from Masi Plaza to Rochester. Ground cover area: 800 square feet The total square footage for the improvement is 1,600; however, due to the location of the improvement the other half is maintained by LMD 4-R. FH-7 The Foothill boulevard median from Vineyard to Orchard Plaza. Ground cover area: 2,605 square feet FH-8 The Foothill boulevard median from Orchard Plaza to Lion Street. Ground cover area:' 344 square feet FH-9 The Foothill boulevard median from Hellman to Malachite, and from Malachite to Archibald. Ground cover area: 21,474 square feet. FH-10 The Foothill boulevard median from Archibald to Ramona. Ground cover area: 4,770 square feet FH-11 The Foothill boulevard median from Ramona to Hermosa. Ground cover area: 5,210 square feet FH-12 The Foothill boulevard median from Hermosa to Center. Ground cover area: 6,329 square feet FH-13 The Foothill boulevard median from Center to Haven. Ground cover area: 6,286 square feet FH-14 The Foothill boulevard median from Rochester to 600 feet east of Rochester. Ground cover area: 1,356 square feet Site reduced 5,979 square feet due to median renovation. FH-15 The Foothill boulevard median from 1,225 feet west of Day Creek to Day Creek. Ground cover area: 4,905 square feet Landscape Maintenance District No. 3B -City of Rancho Cucamonga Prepared by NBS -Fiscal Year 2012/13 P386 FH-16 The Foothill boulevard median from Day Creek to the 15 freeway. Ground cover area: 9,808 square feet Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Landscape Maintenance District No. 36 -City of Rancho Cucamonga Prepared by NBS -Fiscal Year 2012/13 P387 Z~ m M n x y e7ue g3 Z V •` N a ~ ~ ~ V ^ Y w , W = w W ~ L ~ Q ny wneH C. la (~ ntl esouueH W C ntl peV!V~N J ntl uewlleH ntl ntl uey!II!W 0 rc N b m ~ ~ ~p 9 r /' pr~~ ~r K ; ~ m m ~~Z VVO 1, < < ~U m `s ; ILL x N N V Sl-I M 1 N ~ souueF! 0 e7!4>N 0 ntl uewlleN w 3 e m pierfeul~ LL J _ _ ._ F a N U Z _ ~ ~ a W ~ v w Z F' Z J 2 O ~ O w ~ 2 m W (~ w (,~ Y LL O ~ U ~ ~ w ~ ~ ~ d d ~ ~ LL ~~~C ~1 o I , , I ~ ~ n i..~ N 'T^tl a wJ `a N ~r $5 ae :5 E° J 24= °• e9~>EO c ~E - - e€ i~`Eo~~_ ~c_eE^_ - P388 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 2012/13 Bud et Personnel Services Regular Payroll ~ $317,220.00 Overtime Salaries 2,630.00 Part-time Salaries 53,700.00 Fringe Benefits 155.990.00 Subtotal Personnel $529,540.00 Operations and Maintenance Operations and Maintenance $58,900.00 Operations and Maintenance/Facilities 8,500.00 Vehicle Operations and Maintenance 1;500.00 Emergency Equipment and Vehicle Rental 2,000.00 Equipment Operations and Maintenance 12,000.00 Contract Services 400,420.00 Contract Services/Facilities 98,500.00 Tree Maintenance 21,850.00 Utilities Telephone Utilities 1,560.00 Water Utilities 87,020.00 Electric Utilities 44,230.00 Assessment Administration 6,170.00 General Overhead 54.640.00 Subtotal Operations and Maintenance $797,290.00 Capital Expenditures Capital Projects $10.000.00 Subtotal Capital Expenditures $10,000.00 Total Expenditure Budget $1,336,830.00 Total Estimated Assessment $992,850.00 Less Anticipated Delinquencies (48.560.001 Total Estimated Revenue $944,290.00 Plus Operating Reserve Fund Contribution 392.540.00 Total Expenditure Budget $1,336,830.00 Total Estimated Assessment $992,853.19 Total District EBU Count 2,814.12 Actual Assessment per EBU -Fiscal Year 2012/13 $352.80 M xi Allowabl As essmen er B - Fi I Y 2012/13 Landscape Maintenance District No. 36 -City of Rancho Cucamonga Prepared by NBS -Fiscal Year 2012/13 P389 The maximum allowable assessment per EBU listed in the District budget above, is the amount which was approved in 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City 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, 2012 Reserve Fund Balance $842,180.00 Operating Reserve Contribution -Fiscal Year 2012/13 (392,540.00) Ooerating Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $449,640.00 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: 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. 3B -City of Rancho Cucamonga 10 Prepared by NBS -Fiscal Year 2012/13 P390 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. 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. 38 -City of Rancho Cucamonga 11 Prepared by NBS -Fiscal Year 2012/13 P391 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 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. 3B -City of Rancho Cucamonga 12 Fiscal Year 2012/13 P392 • 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 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 Benefit Unit ("EBU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Benefit Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Pro e T e Coun Use Code EBU Value Multi tier Non-Residential 1.00 Acre Landscape Maintenance District No. 38 -City of Rancho Cucamonga 13 Fiscal Year 2012113 P393 The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2012/13 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual (County Use Code) Assessment Rate Assessment Rate Total Total er EBU er EBU Units/Acres EBUs Non-Residential $352.80 $352.80 2,814.21 2,814.21 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. 3B -City of Rancho Cucamonga 14 Fiscal Year 2012/13 P394 ASSESSMENT DIAGRAM An Assessment Diagram far 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. 3B -City of Rancho Cucamonga 15 Fiscal Year 2012/13 P395 P396 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012/13 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable Coun Use Code er EBU Units/Acres EBUs Assessment Non-Residential $352.80 2,814.21 2,814.21 $992,853.19 Actual Property Type Assessment Rate Total Total Actual Coun Use Code er EBU Units/Acres EBUs Assessment Non-Residential $352.80 2,814.21 2,814.21 $992,853.19 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no annexations effective for the 2012113 Fiscal Year. Landscape Maintenance District No. 38 -City of Rancho Cucamonga 16 Fiscal Year 2012/13 P397 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Landscape Maintenance District No. 4-R (Terra Vista Planned Community) P398 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 4-R (TERRA VISTA PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2741 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P399 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 ...............................................................................................11 ESTIMATE OF COSTS 12 District Budget ..........................................................................................................12 Definitions of Budget Items .......................................................................................13 METHOD OF ASSESSMENT 15 General .....................................................................................................................15 Special Benefit .........................................................................................................15 General Benefit ........................................................................................................16 Method of Assessment Spread ................................................................................16 ASSESSMENT DIAGRAM ASSESSMENT ROLL 18 19 Assessment Roll .......................................................................................................19 Annexations ..............................................................................................................19 P400 ENGINEER'S LETTER WHEREAS, on ~ui,e zo, zo1z,~ 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. 12-oes'~~a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 6 (Caryn Planned Community) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Engineer's Report for Fiscal Year 2012113 pursuant to the requirements of the 1972 Act. The Engineers 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 2012/13 Total Estimated Assessment $2,548,100.00 Less Anticipated Delinquencies 26 050.00 Total Estimated Revenue $2,522,050.00 Plus Reserve Fund Contribution 440,450.00 Total Expenditure Budget $2,962,500.00 Total District EBU Count 6,705.54 Actual Assessment per EBU $380.00 Maximum Allowable Assessment per EBU $380.00 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. 4-R -City of Rancho Cucamonga Fiscal Year 2012/13 P401 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. Mar erector of Engineer Services/City Engiheer Landscape Maintenance District No. 4-R -City of Rancho Cucamonga Fiscal Year 2012/13 P402 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report wilt 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 fling 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 vear referred to in the assessment. Landscape Maintenance District No. 4-R -City of Rancho Cucamonga Fiscal Year 2012/13 P403 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 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 of, or in apposition 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. 4-R -City of Rancho Cucamonga Fiscal Year 2012113 P404 PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and'servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area located north of Foothill Boulevard, west of Rochester Avenue, east of Haven Avenue, south of Base Line Road and includes the northeast corner of Base Line Road and 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 the paseos, parkways, median islands, street trees, parks, landscaped sites and appurtenant facilities that are throughout the Terra Vista Planned Community. These improvements are located within the street right-of-ways, dedicated public easements and parks which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turt. Maintenance of associated improvements, including the parks and irrigation systems, includes but is not limited to, grading and replacement of trail surtacing, trail fence repair and replacement, and irrigation systems control, adjustment, repair and replacement. 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. The 38 acres of parks consist of Spruce Park, Mountain View Park, Ralph M. Lewis Park, Coyote Canyon Park, Milliken Park and West Greenway Park. 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: The street trees within the residential parkways and tree maintenance easements to be maintained by the District are on the following streets, located within the boundaries of the District: Amiata Dr Bastia Ct Blackhorse Ct Brandywine PI Bunkerhill Dr Cedarbrook PI Chesterton Dr Claridge PI Clarisa PI Corsica Ct (Countryview to Milliken) Countryview (Mt. View to Palacio) Covington PI Danbury Dr DannerCt De Anza Dr Derby PI Downing Ct Ellena Wy (s/o Terra Vista to Fitzpatrick) Emery PI Fitzpatrick Dr Fulbourn Ct Hinton Ct Linaro Rd Meyers Dr Potomac Ct Radcliff PI Regent Dr Rockingham Ct Sarzanza PI Southhampton Ct Terra Vista Pky (Church to Brandywine) Wellington PI Yorktown Ct Landscape Maintenance District No. 4-R -City of Rancho Cucamonga Fiscal Year 2012/13 P405 The breakdown of maintained areas is as follows: Site # Descriptive Location N-1 The Base Line median from.Haven to the Deer Creek Channel. Ground Cover area: 16,613 square feet Turf area: 19,030 square feet Hardscape area: 10,630 square feet Due to the location of the improvements, an additional 2,769 square feet of ground cover area and 1,478 square feet of turf area of the median are maintained by the City, however that portion is not funded by the District and instead funded by the City's General Fund. N-2 The Base Line median from Spruce to the Deer Creek Channel. Ground Cover area: 13,504 square feet Turf area: 16,109 square feet Hardscape area: 12,575 square feet Due to the location of the improvements, an additional 2,749 square feet of ground cover area and 1,598 square feet of turf area of the median are maintained by the City, however that portion is not funded by the District and instead funded by the City's General Fund. N-3 The Base Line median from Spruce to Milliken. Ground Cover area: 8,418 square feet Turf area: 13,573 square feet Hardscape area: 16,567 square feet Due to the location of the improvements, an additional 5,247 square feet of ground cover area and 4,289 square feet of turf area of the median are maintained by the City, however that portion is not funded by the District and instead funded by the City's General Fund. N-4 The south side of Base Line from 800 feet east of Spruce to Milliken. The cul-de-sac at the north end of Cascade. Ground Cover area: 9,278 square feet Turf area: 12,659 square feet Hardscape area: 7,950 square feet N-5 The north side of Terra Vista Parkway from Belpine to 112 feet west of Butterfield; Terra Vista Parkway median from Spruce to Milliken and the south side of Terra Vista Parkway from 164 feet west of Belpine to Belpine. Ground Cover area: 13,411 square feet Turf area: 6,555 square feet Hardscape area: 12,978 square feet N-6 The north side of Terra Vista Parkway from Spruce to 175 feet north of Countryside and Terra Vista Parkway median from Church to Spruce. Ground Cover area: 17,991 square feet Turf area: 11,413 square feet Hardscape area: 11,452 square feet N-7 The north side of Church from the Deer Creek Channel to Terra Vista Parkway. The west side of Terra Vista Parkway from Church to 175 feet north of Countryside. Ground Cover area: 9,924 square feet Turf area: 5,378 square feet Hardscape area: 6,426 square feet Landscape Maintenance District No. 4-R -City of Rancho Cucamonga Fiscal Year 2012113 P406 N-8 The southeast corner of Church and Haven; the Church median from Haven to Terra Vista Parkway and the wash end on the Northwest corner of the Deer Creek Channel and Church. Ground Cover area: 26,876 square feet Turf area: 2,306 square feet Hardscape area: 2,788 square feet N-9 The Church median from Terra Vista Parkway to Elm. Ground Cover area: 7,829 square feet Hardscape area: 6,605 square feet N-10 The east side of Valencia from Base Line to the pre-school; the south side of Augusta from Valencia to Meadow Lark and the west side of Summerfield from Valencia to Evergreen. Ground Cover area: 20,818 square feet Turf area: 18,634 square feet Hardscape area: 8,666 square feet N-11 The paseo at Parkside and Clover from Parkside to the Deer Creek Channel. Ground Cover area: 2,795 square feet Hardscape area: 1,049 square feet N-12 The east side of Haven from the pre-school to the Southern Pacific Railroad. Ground Cover area: 6,170 square feet Turt area: 2,091 square feet Hardscape area: 1,060 square feet N-13 The east side of Spruce from Elm to Mountain View; the north and south sides of Norfolk from Spruce to Cardiff; the south side of Mountain View from Spruce to 290 feet east of Belvedere and the paseo from Spruce to Countryview. Ground Cover area: 8,459 square feet Turf area: 3,355 square feet Hardscape area: 8,886 square feet N-14 The south side of Mountain View from 290 feet east of Belvedere to-590 feet east of Fairhaven; the paseo south of Mountain View between Belvedere and Fairhaven to Country View and from Countryview Drive to West Greenway Corridor. Ground Cover area: 19,030 square feet Turf area: 8,430 square feet Hardscape area: 9,262 square feet N-15 The north side of Mountain View from 634 feet west of Biarritz to Milliken. Ground Cover area: 4,571 square feet Turt area: 4,738 square feet Hardscape area: 5,104 square feet N-16 The west Greenway Corridor from the northeast corner of Elm and Spruce to West Greenway. Ground Cover area: 15,529 square feet Turf area: 20,884 square feet Hardscape area: 20,626 square feet N-17 The west side of Milliken from 585 feet north of Mountain View to Mountain View. Ground Cover area: 5,835 square feet Turf area: 3,564 square feet Hardscape area: 2,340 square feet Landscape Maintenance District No. 4-R -City of Rancho.Cucamonga Fiscal Year 2012/13 P407 N-18 The south side of Mountain View from approximately 250 feet west of Claridge to Terra Vista Parkway. The south side of Terra Vista Parkway from Mountain View to East Greenway Corridor. Terra Vista Parkway from Mountain View to East Greenway Corridor. Ground Cover area: 18,316 square feet Turf area: 5,944 square feet Hardscape area: 23,800 square feet N-19 The Terra Vista Parkway median from Milliken to Mountain View. The north side of Terra Vista Parkway from 68 feet north of Addison to Mountain View. The west side of Mountain View from Grapevine to Terra Vista Parkway. Ground Cover area: 20,306 square feet Turf area: 3,886 square feet Hardscape area: 11,478 square feet N-20 The Church median from Milliken to 675 feet east of Milliken. Ground Cover area: 2,860 square feet Hardscape area: 2,112 square feet N-21 The Church median from Milliken to Spruce. Ground Cover area: 16,811 square feet Turf area: 335 square feet Hardscape area: 14,880 square feet N-22 The Milliken median from Mountain View to Foothill. Ground Cover area: 16,436 square feet Hardscape area: 16,267 square feet N-23 The Milliken underpass from West Greenway Park to Milliken Park. Ground Cover area: 19,271 square feet Turf area: 22,139 square feet Hardscape area: 18,119 square feet N-24 The east side of Haven from 145 feet south of Creekbridge to 600 feet north of Creekbridge; the north side of Creekbridge from Brookside to Haven and the paseo from Creekbridge and Brookside to the Deer Creek Channel. Ground Cover area: 5,851 square feet Turf area: 9,965 square feet Hardscape area: 4,351 square feet N-25 The east side of Haven from 145 feet south of Creekbridge to 410 feet south of Creekbridge. Ground Cover area: 3,319 square feet Turf area: 1,677 square feet Hardscape area: 1,779 square feet N-26 The paseo at Plymouth south of Essex from Plymouth to the Deer Creek Channel. Ground Cover area: 1,956 square feet Hardscape area: 2,385 square feet N-27 The paseo from Terra Vista Parkway to Windsong and from Windsong to Plymouth. Ground Cover area: 2,270 square feet Turf area: 2,731 square feet Hardscape area: 3,332 square feet Landscape Maintenance District No. 4-R -City of Rancho Cucamonga Fiscal Year 2012/13 P408 TV-28 The paseo at 7552 Hardy. Ground Cover area: 630 square feet Turf area: 733 square feet Hardscape area: 432 square feet TV-29 The East Greenway Corridor from Milliken Park to Terra Vista Parkway, including the turf area at the entrance to Tract 16157. Ground Cover area: 17,780 square feet . Turt area: 52,403 square feet Hardscape area: 29,888 square feet TV-30 The Milliken Median.from Mountain View to Base Line. Ground Cover area: 11,890 square feet Hardscape area: 10,260 square feet TV-31 The paseo from Elm to West Greenway Park. Ground Cover area: 4,770 square feet Hardscape area: 8,900 square feet TV-32 The Greenwich paseo from Greenwich to Muirfield. Ground Cover area: 1,323 square feet Hardscape area: 1,456 square feet TV-33 The south side of Mountain View from 430 feet west of Country View to Country View. Ground Cover area: 3,434 square feet Turf area: 1,853 square feet Hardscape area: 1,720 square feet TV-34 The south side of Terra Vista Parkway from 390 feet west of Belpine to Belpine. Ground Cover area: 1,342 square feet Turf area: 1,887 square feet Hardscape area: 1,612 square feet TV-35 The Trail Northeast of Ruth Musser School from Terra Vista Parkway to Spruce. Ground Cover area: 9,285 square feet Hardscape area: 5,148 square feet TV-36 The north side Meyers from Emery Place to Elm. Ground Cover area: 9,141 square feet Turf area: 5,895 square feet Hardscape area: 6,058 square feet TV-37 The north side of Meyers from Emery Place to Elm. Ground Cover area: 5,860 square feet Turf area: 5,300 square feet Hardscape area: 1,283 square feet TV-38 The Church median from Rochester to Terra Vista Parkway median from Church to 853 north of Church. Ground Cover area: 8,510 square feet Hardscape area: 5,640 square feet TV-39 The north side of Mountain View from 250 feet east of Milliken to Milliken. The eastside of Milliken from Mountain View to Terra Vista Parkway. Ground Cover area: 16,751 square feet Hardscape area: 15,716 square feet Landscape Maintenance District No. 4-R -City of Rancho Cucamonga Fiscal Year 2012/13 P409 N-40 -The south side of Terra Vista Parkway from Milliken to Mountain View. Ground Cover area: 11,630 square feet Hardscape area: 19,738 square feet N-41 The south side of Terra Vista Parkway from Milliken to Mountain View. Ground Cover area: 4,081 square feet Hardscape area: 9,640 square feet N-42 The north side of Mountain View from Terra Vista Parkway to 250 feet east of Milliken. Ground Cover area: 10,994 square feet Hardscape area: 14,777 square feet N-43 Church median and parkway from Malaga to Terra Vista Parkway. Ground Cover area: 7,506 square feet Hardscape area: 3,955 square feet N-44 The south side of Church from Terra Vista Parkway to Rochester. Ground Cover area: 10,400 square feet Hardscape area: 7,606 square feet N-45 The west side of Rochester from Church to Malaga. Ground Cover area: 20,693 square feet Hardscape area: 12,450 square feet N-46 The north side of Malaga from Church to Rochester. Ground Cover area: 19,843 square feet Hardscape area: 18,000 square feet N-47 The eastside of Terra Vista Parkway from Church to Brandywine. The paseo from Brandywine to Bunker Hill Drive. The eastside of Radcliff from Bunker to Malada. Ground Cover area: 17,838 square feet Hardscape area: 9,023 square feet N-48 The Church median from 750 feet east of Milliken to Malaga Ave. Ground Cover area: 5,554 square feet Hardscape area: 9,698 square feet FH-1 The Foothill median from Spruce to Haven. - Ground Cover area: 4,571 square feet The total square footage for the improvement is 9,141; however, due to the location of the improvement the other half is maintained by LMD 3B. FH-2 The Foothill median from Spruce to Milliken. Ground Cover area: 7,940 square feet The total square footage for the improvement is 15,879; however, due to the location of the improvement the other half is maintained by LMD 36. FH-5 The Foothill median from 360 feet west of Masi Dr. to 516 feet west of Masi Dr. Ground Cover area: 800 square feet The total square footage for the improvement is 1,600; however, due to the location of the improvement the other half is maintained by LMD 36. FH-6 The Foothill median from Masi Plaza to Rochester. Ground Cover area: 800 square feet The total square footage for the improvement is 1,600; however, due to the location of the improvement the other half is maintained by LMD 3B. Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 10 Fiscal Year 2012/13 P410 H-5 The Haven median from Foothill to Church. Ground Cover area: 6,216 square feet Turf area: 5,286 square feet The total square footage for the Ground Cover improvement is 12,432 and the Turt improvement square footage is 10,572; however, due to the location of the improvements the other half is maintained by LMD 3B. H-6 Haven median from Church to Baseline. Ground Cover area: 5,306 square feet Turf area: 4,354 square feet The total square footage far the Ground Cover improvement is 10,612 and the Turt improvement square footage is 8,708; however, due to the location of the improvements the other half is maintained by LMD 36 H-7 The Haven median from Baseline to Southern Pacific railroad tracks. Ground Cover area: 2,980 square feet Turt area: 1,996 square feet The total square footage for the Ground Cover improvement is 5,960 and the Turt improvement square footage is 3,992; however, due to the location of the improvements the other half is maintained by LMD 3B. VG-14 The Baseline median from Milliken to Ellena East. The turt and ground cover on the north side of Baseline from Ellena East to Ellena West. The turf and ground cover on the east side of Ellena West from Baseline and following the curb line to Kenyon. The north side of Ellena West from Kenyon to Casoli. The turt and ground cover on both sides of Casoli from Ellena West to Candela. The turt and ground cover on both sides of Crema Place from Ellena west to Candela. Ground Cover area: 9,169 square feet The total square footage for the Ground Cover improvements are 80,287, 62,999 square feet for Turf and 44,826 square feet for Hardscape; however, due to the location of the improvements, LMD 4-R maintains only the south side of the Base Line median from Milliken to Ellena East and the rest is maintained by LMD 2. VG-15 The turf and ground cover on the west side of Rochester from the Southern Pacific Railroad to Baseline. The turf and ground cover on the north side of Baseline from Rochester to Ellena East. The Baseline Median from Rochester to Ellena East. The turf .and ground cover on the east side of Ellena east from Baseline 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: 3,960 square feet The total square footage for the Ground Cover improvements are 58,5887, 57,306 square feet for Turf and 36,014 square feet for Hardscape; however, due to the location of the improvements, LMD 4-R maintains only the south side of the Base Line median from Rochester to Ellena East and the rest is maintained by LMD 2. 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. 4-R -City of Rancho Cucamonga 11 Fiscal Year 2012/13 _~ LLI~ID CLTI I ITItiLJ CL J W11W ~LLLLW W{f1I}Wt~,J I~{~~~{~~~~1 _ a ~ ~ ~ U_J1J11~11 111I1~ J ~ ]~ w ~ W a ~ ~Q~II -r-~-j l 1 j1, ~.I I~I_I~1 ~ '.1J '{-- w ~ ~ ~ II II F F _ ~ O O N Y C ~ J~ l_I_ W w ~ ~ p a E ~ ~ < s° nv1a31s3H~oa~~„~,_._ O rc rc _ J _ ey ~z~ LL ~n'rr ~ _ ITITR~~IT-l.~' 0 ~zC(~/,/,~ ~ ~ 1 T~i~7~ G.,~_ ~~~~ ~ 1 y 1 ~µljU-y11~U,ll1171-1,1 ,.~• - 1~~ ' X11-A ~ ~~~~~~ °rf N N ~~ ~ ` ~z ~z~ ~ --~ r ~® N" l Z 1 ~ ~ ~~ ~~0~ ~ 8(J ®~~ ~~UB O i ~ o ~ ~ ~~ M ~ - ~® ~ ~'- - T - ~ 1~.0~ ~ rt _ ~ C no~Nl NIIIIW~.~~ rE~p ®~` ~~~ ~e^V7 rv Z,1~ N yyY Y a `~)\~VI _ Z Y~i ~1\ Q ~'llL a ~ Iq a -+-- ~ E ^mrrmrmP m rrm~rn ~ -^---- ~ _ \ ' ~ ~ ~ ~n // ~L_ °, (jJl)~~l~.I(~J~ ~~ ~ '_ _ -z. ~\ \\Eg ~Z'$osp c_LaE oL'E~ O 1 p NE C E ~~ ~.U -. ~ ~~~~~~~ E 31C L ii /~/~ ~,~ ~ I I 9 3 $ __ ~~ ~01 C{ O~ ~ ~ ~ E E ~1 ~ ~s~ c ~ ~ N~ ~~ ~ ~ ~~e ~ g L~ _ Q ~ ~~_ -~Om c=E °~O~ cE u v°c rrn, , o ,1 _~~ j~~~~ E~~Tl~p X111 fit~~~ \ L _ ~9 ,o.~.a ~ ~~ E ~ .-a ~IJJrn~ff ~~ ~[~~ ~ 'Jylq~~~j~1q ~ ~~~ ~ +~((`(V]t 1 ~ e ~'~ E S '~ hL~ ~. `'z n 1:4R1QI Wr ~ N N ;~ I lO E FD €5 LEE E `L ~. ~ ~ ~TTT7 f~~ nV.N3nVH ~ r ~~_ ~ _._ti _f I P412 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 Budget Estimated 2012/13 Bud et Personnel Services Regular Payroll $612,420.00 Overtime Salaries 1,050.00 Part-time Salaries 32,280.00 Fringe Benefits 290.190.00 Subtotal Personnel $935,940.00 Operations and Maintenance Operations and Maintenance $67,150.00 Vehicle Operations and Maintenance 6,000.00 Emergency Equipment & Vehicle Rental 750.00 Equip Operations 8 Maint 3,750.00 Depreciation -Computer Equip 0.00 Contract Services 667,900.00 Tree Maintenance 32,000.00 Utilities Telephone Utilities 2,910.00 Water Utilities 332,530.00 Electric Utilities 35,070.00 Assessment Administration 23,010.00 General Overhead 132.490.00 Subtotal Operations and Maintenance $1,303,560.00 Capital Expenditures Capital Outlay -Vehicles 0.00 Capital Projects $723.000.00 Subtotal Capital Expenditures $723,000.00 Total District Expenditure Budget $2,962,500.00 Total Estimated Assessment $2,548,100.00 Less Anticipated Delinquencies (26.050.001 Total Estimated Revenues $2,522,050.00 Plus Operating Reserve Fund Contribution 440,450.00 Total Expenditure Budget $2,962,500.00 Total Estimated Assessment $2,548,104.25 Total District EBU Count 6,574.05 Actual Assessment per EBU -Fiscal Year 2012/13 $380.00 Maximum Allowable Assessment er EBU -Fiscal Year 2012/13 $380.00 Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 12 Fiscal Year 2012/13 P413 The maximum allowable assessment per EBU listed in the District budget above, is the amount which was approved in 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City 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, 2012 Reserve Fund Balance $2,754,040.00 Operating Reserve Contribution -Fiscal Year 2012/13 (440,450.00) Operating Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $2,313,590.00 Definitions of Budget Items The fallowing 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 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. 4-R - Ciry of Rancho Cucamonga 13 Fiscal Year 2012113 P414 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. 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. 4-R -City of Rancho Cucamonga 14 Fiscal Year 2012/13 P415 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 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. 4-R -City of Rancho Cucamonga 15 Fiscal Year 2012/13 P416 • 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 Benefit Unit ("EBU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Benefit Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 16 Fiscal Year 2012/13 P417 Land-Use Equivalent Dwelling Units Pro e T e Coun Use Code EBU Value Multi lier Single Family Residential 1.00 Dwelling Unit Condominium 0.80 Dwelling Unit Multi -Family 0.70 Dwelling Unit Commercial/ Industrial 3.25 Acre Vacant (incl. all undeveloped property) 0.25 Acre Schools 0.25 Acre The use of the latest County Assessors 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 EBU 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 EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2012/13 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate er EBU Actual Assessment Rate per EBU Total UnitslAcres Total EBUs Single Family Residential $380.00 $380.00 2,652.00 2,652.00 Condominium $380.00 $380.00 1,395.00 1,116.00 Multi-family $380.00 $380.00 3,331.00 2,331.70 Commercial/Industrial $380.00 $380.00 176.28 572.91 Vacant $380.00 $380.00 96.30 24.08 Schools $380.00 $380.00 35.41 8.85 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 17 Fiscal Year 2012/13 P418 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. 4-Ft -City of Rancho Cucamonga 18 Fiscal Year 2012!13 P419 1 ~i.r V ~..• C Q V a J ny ua~!II!W ny uanel.{ ny esow~aH ny pleq!yo~y ny uewllaH 3S uellawe~ SL ~U C 0 ~_ ny as;sayooa v K d N c f0 C m L O) - ny wa4~ m c J m ~ N N m s 3 o 0 m R.a, t ti Q E ~ J Q ~ U ~ p) '-: J ~r~ \ J N N r ® ° 0 nt/ ise3 in ny epuenn!;3 ny ~a;sayooa ny ua~!II!W ny uaneH ny esow~aH nb' Ple4!yo~H ~ ~ ~~ ny uewllaH ~• L L V ny p e~(auln o: a~ C J N m m • ., ny anal m ~ v> Y L O aO O Q LL :E€ ~£F ~~H .~ ~p08 [^[aa 2F8 g°. ~. ~2 P420 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012113 maximum and actual assessments for the District: Property Type Coun Use Code Maximum Allowable Assessment Rate er EBU Total UnitslAcres Total EBUs Maximum Allowable Assessment Single Family Residential $380.00 2,652.00 2,652.00 $1,007,760.00 Condominium $380.00 1,395.00 1,116.00 $424,080.00 Multi-family $380.00 3,331.00 2,331.70 $886,046.00 Commercial/Industrial $380.00 176.28 572.91 $217,705.80 Vacant $380.00 96.30 24.08 $9,148.50 Schools $380.00 35.41 8.85 $3,363.95 Property Type Coun Use Code Actual Assessment Rate er EBU Total UnitslAcres Total EBUs Actual Assessment Single Family Residential $380.00 2,652.00 2,652.00 $1,007,760.00 Condominium $380.00 1,395.00 1,116.00 $424,080.00 Multi-family $380.00 3,331.00 2,331.70 $886,046.00 Commercial/Industrial $380.00 176.28 572.91 $217,705.80 Vacant $380.00 96.30 24.08 $9,148.50 Schools $380.00 35.41 8.85 $3,363.95 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following Annexation is effective for the 2012113 Fiscal Year: Assessor's Annexation Total Total Property Type Parcel Number Date Pro'ect UnitslAcres EBUs Coun Use Code 1077-422-21' 22 04/06/11 TR 18782 192 Units 134.40 Multi-Family Residential and 1077-422-25 Landscape Maintenance District No. 4-R -City of Rancho Cucamonga 19 Fiscal Year 2012113 P421 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Landscape Maintenance District No. 5 (Tot Lot) P422 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 L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem, William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P423 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 9 General ............................................................................. .......................................... 9 Special Benefit ................................................................. ..........................................9 General Benefit ................................................................ ........................................10 Method of Assessment Spread ........................................ ........................................10 ASSESSMENT DIAGRAM ASSESSMENT ROLL 12 13 Assessment Roll .......................................................................................................13 Annexations ..............................................................................................................13 P424 ENGINEER'S LETTER WHEREAS, on June zo, zot2 „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. 12- 12.095 , 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 staff to prepare and file an Engineer's Report for Fiscal Year 2012/13 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 2012/13 Total Estimated Assessment - $4,980.00 Plus Anticipated Delinquency Penalty 1 090.00 Total Estimated Revenue $8,070.00 Plus Reserve Fund Contribution 8 250.00 Total Expenditure Budget $14,320.00 Total District EBU Count - 44.00 Actual Assessment per EBU $113.29 Maximum Allowable Assessment per EBU $113.29 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. 5 -City of Rancho Cucamonga Fiscal Year 2012/13 P425 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, irector of Engineering Services/City Engineer Landscape Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2012/13 P426 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. 5 -City of Rancho Cucamonga Fiscal Year 2012/13 P427 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 df 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. 5 -City of Rancho Cucamonga Fiscal Year 2012/13 P428 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. 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, 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: 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 Horoscope 640 square feet Parks are maintained by the City's Park Maintenance Crews. 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 5 Fiscal Year 2012/13 P429 _ ~ ~_~_~~ ~ ~ w _z ~ Z ~ - E W a ~ w - ------- w z z ~ ~ ~ 0 J ~ (n Q J_ H H ~ -- ~ a a a v, ~~ w ----- w c? ~ c~ Y ~' o w c~ O / - a~i Z o~ - o- - r./ 7 v ~_ - --- ~ ~ o I .~ Q ~ 4 i -- --~- - - - - y ~ -- o- - y ~ - - .~- - i _ ~ ( -o- nvvsowa3H - ~ - - ~ 1 _ ~-ag-- EE€.E• a°•~ -y$e ct~9 eF 3~EEE° T `eT En y ~U z0 I ~ s „y iY e€sas__:~r ~~ ~Z/ G n°Ya v~~P arc pE a_•oiai ~~_, _ ~IWD I __-_ ~••_u z°° g?'E ~Q ESQ=°a P430 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 Budget Estimated 2012/13 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 12,340.00 Utilities Water Utilities 510.00 Electric Utilities 320.00 Assessment Administration 240.00 General Overhead 40.00 Subtotal Operations and Maintenance $14,320.00 Capital Expenditures Capital Projects 0.00 Subtotal Capital Expenditures $0.00 Total Expenditure Budget $14,320.00 Total Estimated Assessment $4,980.00 Plus Anticipated Delinquency Penalty 1.090.00 Total Estimated Revenue $6,070.00 Plus Operating Reserve Fund Contribution 8.250.00 Total Expenditure Budget $14,320.00 Total Estimated Assessment $4,984.76 Total District EBU Count 44.00 Actual Assessment per EBU -Fiscal Year 2012/13 $113.29 Maximum Allowable Assessment er EBU -Fiscal Year 2012/13 $113.29 The maximum allowable assessment per EBU listed in the District budget above, is the amount which was approved in 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. Landscape Maintenance District No. 5 -City of Rancho Cucamonga Fiscal Year 2012/13 P431 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, 2012 Reserve Fund Balance $78,640.00 Operating Reserve Contribution -Fiscal Year 2012/13 ~ 8,250.00 Ooeratino Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $70,390.00 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 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 2012/13 P432 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. 5 -City of Rancho Cucamonga Fiscal Year 2012/13 P433 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 Secfion 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. 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 2012/13 P434 • 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 Benefit Unit ("EBU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Benefit Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Landscape Maintenance District No: 5 -City of Rancho Cucamonga 10 Fiscal Year 2012/13 P435 Land-Use E uivalent Dwellin Units Pro ert T e Coun Use Code EBU Value Multi lier 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 EBU 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 EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2012/13 maximum allowable assessment rates for the District: Maximum Allowable Property Type Assessment Rate Actual Assessment Total Total (County Use Code) er EBU Rate per EBU Units/Acres EBUs 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 2012113 P436 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. 5 -City of Rancho Cucamonga 12 Fiscal Year 2012/13 P437 ~ ~ w ~~ V ~~ N ~r ' E_ J Q Q ~ ® c i 1 _ `- ny wa4~ C U C) ti ~ O ~1 ~ i r ~ J ti C ; .._.._.._.._ ~ . O ~ ~ ~ N ~ C ~ 1 m Q_ O 1 y ~ ro ~ o 3 a ~~ 1 1 li _.._.._.._.. 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The following tables summarize the Fiscal Year 2012/13 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total .Total Allowable Coun Use Code er EBU Units/Acres EBUs Assessment Single Family Residential $113.29 44 44 $4,984.76 Actual Property Type Assessment Rate Total Total Actual Coun Use Code er EBU Units/Acres EBUs Assessment Single Family Residential $113.29 44 44 $4,984.76 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no annexations effective for the 2012/13 Fiscal Year. Landscape Maintenance District No. 5 -City of Rancho Cucamonga 13 Fiscal Year 2012/13 P439 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Landscape Maintenance District No. 6-R (Caryn Planned Community) P440 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 6-R (CARYN PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2741 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D: Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce,.GISISpecial Districts Manager Christopher Bopko, Management Analyst III P441 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 .................................................................................................8 ESTIMATE OF COSTS 9 District Budget ............................................................................................................9 Definitions of Budget Items ...:...................................................................................10 METHOD OF ASSESSMENT 12 General ...:......................................................................................................:..........12 Special Benefit ..............................................................................:.....:....................12 General Benefit ........................................................................................................13 Method of Assessment Spread .................................................................:..............13 ASSESSMENT DIAGRAM ASSESSMENT ROLL 15 16 Assessment Roll .......................................................................................................16 Annexations ..............................................................................................................16 P442 ENGINEER'S LETTER WHEREAS, on -June zo, zotz ,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. tz-oss , a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 6-R (Caryn Planned Community) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Engineer's Report for Fiscal Year 2012/13 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 2012/13 Total Estimated Assessment $447,260.00 Less Anticipated Delinquencies 26 370.00 Total Estimated Revenue $420,890.00 Plus Reserve Fund Contribution 27,970.00 Total Expenditure Budget $448,860.00 Total District EBU Count 1,196.98 Actual Assessment per EBU $373.66 Maximum Allowable Assessment per EBU $382.15 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. 6-R -City of Rancho Cucamonga Fiscal Year 2012/13 P443 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 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, Director of Engineering Services/City Engineer Landscape Maintenance District No. 6-R -City of Rancho Cucamonga Fiscal Year 2012/13 P444 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 prbvided 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 far the fiscal year referred to in the assessment. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga Fiscal Year 2012/13 P445 If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XII I D and Proposition 21 S. 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. 6-R -City of Rancho Cucamonga 4 Fiscal Year 2012/13 P446 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 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 8 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-R -City of Rancho Cucamonga 5 Fiscal Year 2012113 P447 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: 9,088 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 Turt 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-R -City of Rancho Cucamonga Fiscal Year 2012/13 P448 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-R -City of Rancho Cucamonga Fiscal Year 2012/13 P449 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 Turf area: 3,763 square feet Hardscape area: 6,524 square feet CC-23 The south side of Banyan from Milliken to Butler 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: 12,300 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 Hardscape area: 8,197 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-R -City of Rancho Cucamonga Fiscal Year 2012/13 Z ,~ W Q Z ~~ V ~L N r~~ +~+ C .C~ C Q V C J w a ~ z ~- w a z -~ z w ~ O J O J J ~ Q w C¢ 7 ~ ~ Y O ~O U O W r _ ~ ~ a ~ ~ a x o o ~ ~ a ~ ~ w ~ f o o ~ l , ~ a~ l l ~"~~ ~ _ r-u_u_ ~. L Q ~y ~~ In O O O _ OI C d C ~ < < C d a ~ ~ ~ d E ~ c C d C d E U~ N O p q O L .~ C~~ C O_ CN N ~ N~ V C C O W M~ U d E E E d c ~ 8 a c o y~ o? u ~~ _~ ~~ c v w t a~i m~[ d m N~° °' d U c o L° E~ c w y n9c E K d~ c .~ c d d~ E o ~i~ = n `p ~ 0~~ 0~~ 0 6~ C U T C d V ~ o& E c d p~ c v~ '.~. d m ~'~ m tUO ~'o°yt 2d'm m~ 3tiE E`o ~' n d m o rn c o„~ m o h m mLwE`o n'o,m dEd_aq Yimo rn~a ~'ouoFo~~mEno~an a onU~~>,a c U-d`mc >>, c L`do pd o2'o'~£~ncQc ~° o d~ N A a m v~ °c o~ dU d n o c L° c 1O ~ d~ o E> m 10 ~ d U ~ c .~ yamrc~~cc~K~md~odaL C q m a y 2'= ~ m c~£ E E o .d o o c d L E m yU m d E c nU 'm c m c m `c_ d Ld'my d~tv 'cyooadN..~m>>. ~'m r Nd~dN~~S~o L'cm~mom P451 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 Budget Estimated 2012/13 Bud et Personnel Services - Regular Payroll $7,230.00 Part-time Salaries 0.00 Fringe Benefits 3.400.00 Subtotal Personnel $10,630.00 Operations and Maintenance Operations and Maintenance $10,760.00 Contract Services 276,200.00 Tree Maintenance 16,870.00 Utilities Water Utilities 100,260.00 Electric Utilities 7,300.00 Assessment Administration 7,020.00 General Overhead 19.820.00 Subtotal Operations and Maintenance $438,230.00 Capital Expenditures Capital Projects - 0.00 Subtotal Capital Expenditures $0.00 Total District Expenditure Budget $448,860.00 Total Estimated Assessment $447,260.00 Less Anticipated Delinquencies (26.370.00) Total Estimated Revenues $420,890.00 Plus Reserve Fund Contribution 27.970.00 Total Expenditure Budget $448,860.00 Total Estimated Assessment $447,262.32 TotatDistrict EBU Count 1,196.97 Actual Assessment per EBU -Fiscal Year 2012/13 $373.66 Maximum Allowable Assessment er EBU -Fiscal Year 2012/13 $382.15 The maximum allowable assessment per EBU listed in the District budget above, is the amount which was approved in 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga Fiscal Year 2012/13 P452 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, 2012 Reserve Fund Balance $127,110.00 Operating Reserve Contribution -Fiscal Year 2012/13 (27,970.00) Operating Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $99,140.00 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 df 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-R -City of Rancho Cucamonga 10 Fiscal Year 2012/13 P453 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-R -City of Rancho Cucamonga 11 Fiscal Year 2012/13 P454 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 identifed 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 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 parcel will benefit from the improvements shall be made pursuant fo 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 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-R -City of Rancho Cucamonga 12 Fiscal Year 2012/13 P455 • 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 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 mare 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 Benefit Unit ("EBU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Benefit Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 13 Fiscal Year 2012/13 P456 Land-Use E uivalent Dwellin Units Pro e T e Coun Use Code EBU Value Multi lier Single Family Residential -Zone 1 1.00 Dwelling Unit Single Family Residential -Zone 2 0.75 Dwelling Unit School 0.25 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 EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2012/13 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate er EBU Actual Assessment Rate er EBU Total UnitslAcres Total EBUs Single Family Residential -Zone 1 $382.15 $373.66 963.00 963.00 Single Family Residential -Zone 2 $382.15 $373.66 310.00 232.50 School $382.15 $373.66 5.35 1.3375 Vacant $382.15 $373.66 0.54 0.1350 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-R -City of Rancho Cucamonga 14 Fiscal Year 2012113 P457 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-R -City of Rancho Cucamonga 15 Fiscal Year 2012/13 P458 N N ,w V '- `1~1 N •~ '~i Q J N C ~ N ~ N N m Q ~ n !wa d 4~ y U Q.' O G1 i._.._.._.._.. ~ ~~ m ti r so ~ ~ o C1 i m pi ~ C J _ QI - ~ ~ ~ i m m _ L o 3 m 0 .C ® .. nb~se3 i i n L any epuenn133 ny epueml~3 G1 i Q ~ ~ aaJ e ~ 18 ?I ~ 4 y . _.. .. ._.._ ' a ny Ja~sayooa = ny Ja~sayooa J .. ny ua~!II!W ~ -.._.._.._. _ i ny ua~!II!W i i i n uane y H ~ ny uaneH i ' ny esowlaH _ ny esowlaH i nV PIe9!4oJV ny PIeQ!4oJb' i i ny uewllaH i ~• "~ ny uewllaH i •,Y r' t v ny p e~(auln lS uellawe~ ~ ~~~~a~~fi~~ ~~p ' 'r :. 5 4E Sgf fy af~ •_. ~ C fI1 ' ~ (7 Ee ~F~ ~J y .~ L J 3 L F ~ $ ~~F1I[ i~P ~ ~ ~ c m i° Q ~~~~38e 4Eg4 p fi ~ ~ T 5 z IiEi B' 88{~~fc ff ~ ~ f nn ~~ ~~p ~?~~ -~ 5 9 U gg o~ 1~ a iFP F 6 .I P459 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012/13 maximum and actual assessments for the District: Property Type Coun Use Code Maximum AI towable Assessment Rate er EBU Total UnitslAcres Total EBUs Maximum Allowable Assessment Single Family Residential -Zone 1 $382.15 963.00 963.00 $368,010.454 Single Family Residential -Zone 2 $382.15 310.00 232.50 $88,849.88 School $382.15 5.35 1.3375 $511.13 Vacant $382.15 0.54 0.1350 $51.59 Property Type Coun Use Code Actual Assessment Rate er EBU Total UnitslAcres Total EBUs Actual Assessment Single Family Residential -Zone 1 $373.66 963.00 963.00 $359,834.58 Single Family Residential -Zone 2 $373.66 310.00 232.50 $86.877.50 School $373.66 5.35 1.3375 $499.80 Vacant $373.66 0.54 0.1350 $50.45 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no annexations effective for the 2012/13 Fiscal Year. Landscape Maintenance District No. 6-R -City of Rancho Cucamonga 16 Fiscal Year 2012/13 P460 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Landscape Maintenance District No. 7 (North Etiwanda) P461 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 L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P462 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 ASSESSMENT ROLL 16 17 Assessment Roll .......................................................................................................17 Annexations ..............................................................................................................17 P463 ENGINEER'S LETTER WHEREAS, on dune 20; zo~z ,the City Council of the City of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 12-095 , a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 7 (North Etiwanda) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Engineer's Report for Fiscal Year 2012/13 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 far 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 2012/13 Total Estimated Assessment $860,970.00 Less Anticipated Delinquencies 18 150.00 Total Estimated Revenue $842,820.00 Plus Reserve Fund Contribution 174 180.00 Total Expenditure Budget $1,017,000.00 Total District EBU Count 2,741.00 Actual Assessment per EBU $307.05 Maximum Allowable Assessment per EBU $307.05 In making the assessments contained herein pursuant to the 1972 Act: 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. 7 -City of Rancho Cucamonga Fiscal Year 2012/13 P464 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 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, irector of Engineering ServiceslCity Engineer Landscape Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2012/13 P465 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 vear referred to in the assessment. Landscape Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2012/13 P466 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 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. 7 -City of Rancho Cucamonga Fiscal Year 2012/13 P467 PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City known as North Etiwanda, which is generally bounded by the 210 Freeway on the south, I-15 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 feet Hardscape area: 840 square feet 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 Hardscape area: 9,000 square feet EN-3 The Wilson Median from Wardman Bullock to San Sevaine. Ground Cover area: 9,016 square feet Hardscape area: 11, 088 square feet Landscape Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2012/13 P468 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 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 Turf area: 3,527 square feet ENS 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 Hardscape area: 1,300 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 extra for debris pickup and weed control on an as needed basis. Ground Cover area: 10,268 square feet Hardscape area: 31,549 square feet EN-8 The south side of Crescenta Way from Ridgeline to Crestline Ground Cover area: 50,305 square feet Turf area: 35,960 square feet Hardscape area: 10,000 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 Hardscape area: 2,820 square feet EN-10 The paseo from Etiwanda to North Rim Way. The west side of Etiwanda from 175 feet north of North Rim Way to 171 feet south of Golden Prairie Drive. Ground Cover area: 49,020 square feet Turt area: 4,445 square feet Hardscape area: 13,026 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, this site is still the city's property. Ground Cover area: 3,548 square feet Turf area: 800 square feet Hardscape area: 4,280 square feet EN-12 The cul-de-sac on the north side of Ridgecrest at Etiwanda Creek Channel Ground Cover area: 1,870 square feet Turf area: 700 square feet Hardscape area: 450 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 Turt 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 Landscape Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2012/13 P469 Hardscape area: 6,975 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 from 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 Road 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 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 Hardscape area: 14,308 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 Hardscape area: 3,450 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 Hardscape area: 29,125 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 Hardscape area: 30,986 square feet EN-19 The south side of Wilson from Etiwanda to Estates Way. Ground Cover area: 45,727 square feet Hardscape area: 19,229 square feet EN-20 The east side of Bluegrass from 190 feet south of Vista Verde Dr. to Wilson Avenue. The south side of Wilson Avenue from Bluegrass Avenue to Estates Way Ground Cover area: 85,155 square feet . Hardscape area: 48,784 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 Hardscape area: 27,128 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 Hardscape area: 7,365 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 Hardscape area: 29,567 square feet EN-24 The north side of Vintage from 360 feet west of Ascot to 230 feet east of Countrywood. Landscape Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2012/13 P470 Ground Cover area: 34,707 square feet Hardscape area: 92,600 square feet EN-25 The eastside of Blueg rass from Banyan to 610 feet north of Banyan. Ground Cover area: 4,054 square feet Hardscape area: 5,819 square feet EN-26 The south side of Ban yan from Bluegrass to Greenwood. Ground Cover area: 6,240 square feet Hardscape area: 3,200 square feet EN-27 The south side of Ban yan from Laurel Blossom to Etiwanda. Ground Cover area: 1,703 square feet Hardscape area: 8,417 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 Hardscape area: 22,532 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-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 Hardscape area: 5,302 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 Landscape Maintenance District No. 7 -City of Rancho Cucamonga Fiscal Year 2012113 P471 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: 58,398 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 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 fallowing 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 9 Fiscal Year 2012/13 P472 °d °d Z O ~O a ~ m ~ ~ z w w a ~ w ~ z z ~ w O O ~ } ~`'' ~ ¢ J ¢ ti ~ ~ w _ 9~ w (9 ~ (~ Y^ O w U w ~~ Q~ W~~ o Q w rY m ~~ a~ a~~ LL a -. ~y~ O ^~ ~ 11a __ _ __ _ ~ -~~ _ ~, i a w .J w ~ ~ Z ..ui~CV o~ c i 6, !\ ~1 ~ ~fF~~ a \ ~w ~w ~~~ n 5~ N _ ~~ _ ~ ~ ~- W ~Z. , - W~ - p ~w _ ~ ~ N ~WS, ~ ~, ~~_ ~~ Wes, i \'' 555"' ~,mua,ry 1 TI1J~ ~yli as ~~oiina NvwaavM ~~~~ ~~ ~ ~ ~ V"~ w Wm ~J~ w ~ \~ y~1 - ~ - a _ _ ~ - - ~ ~ ~ - ~. = Z - --_ _ ~ _ - ~l_-~~- ~ - -_ ° as as _ _r = - = c ~~-- n z- T_~_ o L ~ a ~ ., - ~ __ Z w ~ w _Q ~ I~II,`RT-I ~ u 00 1.1 ~ AV 1SV3ii~l-- ~ z /~~ ~ e:~ iZ ~ N _ w JH/~ N /~~V ~ ~ F //V~~ O r/ ^_ _ AN 64NVMI13 m~ m AHVONVMIl3~ w hVVONVM113~~w~ - __ ~_ ~ w~wy. ~-~r+iFW ~~ o N~.~_L «iTIL L'° ~ A ~~ ~. ~~ S _ ` li l~/~tl1LW ~iIL <QIIIIiIIO; R[Il7IlTfI-/ , $p~~3s 8s3 ~Ea aN ,A u1LWL 19~N33TJ~AVOI - Q €• n €z €~ a e yy_ € ~~~ ~~ ~~~ Z net 3 xE @3F t ..OCR IIIIILf ID EO~I = egZ Z4 i c' F€E (J~ '~II r ~W1f(L~{HNW~ S ~ n €q~E: Bb s.'. 3: i - ~.~~ E3 ~Z3$3 a$50::: :f]C] C1CA []-1 - P473 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 2012/13 Bud et Personnel Services Re ularSalaries - ~ $171,000.00 Part-time Salaries 10,380.00 Frin Benefits 81050.00 Subtotal Personnel $262,430.00 O erations and Maintenance O erations and Maintenance $46,660.00 O erations and Maintenance Facilities 1,000.00 Vehicle 0 erations and Maintenance 2,500.00 Contract Services 301,930.00 Tree Maintenance 6,950.00 Utilities Tele hone Utilities 1,500.00 Water Utilities 295,540.00 Electric Utilities 23,840.00 Assessment Administration 15,080.00 General Overhead 59 570.00 Subtotal O erations and Maintenance $754,570.00 Ca ital Ex enditures Ca ital Pro'ects 0.00 Subtotal Ca ital Ex enditures $0.00 Total District Ex enditure Bud et $1,017,000.00 Total Estimated Assessment $860,970.00 Less Anticipated Delinquencies 18 150.00 Total Estimated Revenue $842,820.00 Plus Operating Reserve Fund Contribution 174 180.00 Total Expenditure Budget $1,017,000.00 Total Estimated Assessment $841,620.00 Total District EBU Count 2,741.00 Actual Assessment er EBU -Fiscal Year 2012/13 $307.05 Maximum Allowable Assessment er EBU -Fiscal Year 2012/13 $307.05 The maximum allowable assessment per EBU listed in the District budget above, is the amount which was approved in 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to Landscape Maintenance District No. 7 -City of Ranchd Cucamonga 10 Fiscal Year 2012/13 P474 maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City 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, 2012 Reserve Fund Balance $836,720.00 Operating Reserve Contribution -Fiscal Year 2012/13 (174,180.00) Ooeratina Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $662,540.00 ~' 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: This item includes the contract casts 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. Landscape Maintenance District No. 7 -City of Rancho Cucamonga 11 Fiscal Year 2012/13 P475 General Overhead: This item includes the casts 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. 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, 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 2012/13 P476 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 distnct 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 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 216, 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 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 2012/13 P477 • 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 Benefit Unit ("EBU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Benefit Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. Vacant parcels are assigned an EBU value of 0.25 per acre because they receive a lesser benefit from the improvements until such time as development occurs. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Landscape Maintenance District No. 7 - Ciry of Rancho Cucamonga 14 Fiscal Year 2012/13 P478 Land-Use E uivalent Dwellin Units Pro e T e Coun Use Code EBU 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 EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2012/13 maximum allowable assessment rates for the District: Maximum Allowable Property Type (County Assessment Rate Actual Assessment Total Total Use Code) er EBU Rate per EBU Units/Acres EBUs Single Family Residential $307.05 $307.05 2,804 2,804 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Landscape Maintenance District No. 7 -City of Rancho Cucamonga 15 Fiscal Year 2012/13 P479 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those tines and dimensions shown on the maps of the County Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 7 -City of Rancho Cucamonga 16 Fiscal Year 2012/13 P480 ~ ~ ~ ~~ V '~ u, w .~ ~ J O ~ Q ~ ® ~ c _ y ~n ~ (~ o ~ ny wa4~ y J 1.r ~ d N N C _ m ~ O .~ C N m z o 3 0 ,/~~ • LL Q w - ' _.._.._..~..~.._..~.._.. ~..~ i n`d lse3 ~ ® ~ - ' ~ ny epuenng3 i y ~ ~eO i ~ ny ~alsayooa !- J i i ny ~aisayoob ,~..~ i = d ~I II.W j 1 1 1 1 1 ny uaneH ! i -_- ~ my uaneH i i ny esow~aH ~ ! ny esow~aH i i nV PIe9!4o~t1 ~ jntl PIe4!yo~V i ny uewllaH i - ~•r"~ ny uewllaH i ~f'~ L L V ! i ny p e~(au!n i ~g uellawe~ ' - ! i .. MI ~.~;t 1 V:. / L !5$€=p~FP~~Fa~fr~ ! d~d d ~ ~ i / ~g.i 6 i i 5 °Fp 9 ~ ~~ N .. .. a 6e5~ 5 :_.~ ,i°' ~ c m a' ~ tae€~!LyV2~~ ~.._..~_.. _.._.._.._ W ~ N L O OD o.efis~g~E gc ~ '4 Q' C m ~ Q ev esF~3e~i ~ c ~ ~ T £ £ ~€~gd-~.~ ~0~ a s°$~Ea ' :4 c m (0 m j~ a ~ fii i~.SFip 3€3- aEf ~@ p~~ ~~ ~ x ~j . $F~g~- ~ u 9 '~ v ~~ i u Fg Flse °a~~ a`-~~ a~ e~ ~ €SrrpF.L @E$~n U ~E~a €cf Pa~~P P481 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012/13 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type (County Assessment Rate Total Total Allowable Use Code er EBU Units/Acres EBUs Assessment Single Family Residential $307.05 2,804 2,804 $860,968.20 Actual Property Type (County Assessment Rate Total Total Actual Use Code er EBU UnitslAcres EBUs Assessment Single Family Residential $307.05 2,804 2,804 $860,968.20 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following Annexations are effective for the 2012/13 Fiscal Year: Assessor's Parcel Number Annexation Date Pro'ect Total Units/Acres Total EBUs Property Type Coun Use Code 0225-191-12 03/02/2011 TR 17651 56 SFD 56.00 Single-Family Residential 0226-102-02 03/02/2011 TR 18708 7 SFD 7.00 Single-Family Residential Landscape Maintenance District No. 7 -City of Rancho Cucamonga 17 Fiscal Year 2012/13 P482 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Landscape Maintenance District No. 8 (South Etiwanda) P483 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 L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City ManagerlAdministrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P484 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 DIAGRAM ASSESSMENT ROLL 13 14 Assessment Roll .......................................................................................................14 Annexations ..............................................................................................................14 P485 ENGINEER'S LETTER WHEREAS, on June zo, 2o1z ,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. 12-095 , 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 staff to prepare and file an Engineer's Report for Fiscal Year 2012/13 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 2012113 Total Estimated Assessment $28,820.00 Less Anticipated Delinquency Penalty 200.00 Total Estimated Revenue $28,420.00 Plus Reserve Fund Contribution 1 660.00 Total Expenditure Budget $30,080.00 Total District EBU Count 189.00 Actual Assessment per EBU $151.45 Maximum Allowable Assessment per EBU $151.45 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: 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; Landscape Maintenance District No. 8 -City of Rancho Cucamonga Fiscal Year 2012/13 P486 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 rector of Engineering Services/City Engineer Landscape Maintenance District No. 8 -City of Rancho Cucamonga Fiscal Year 2012/13 P487 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. Landscape Maintenance District No. 8 -City of Rancho Cucamonga Fiscal Year 2012/13 P488 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 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 2012/13 P489 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 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: Site # Descriptive Location SE-1 The east side of East Ave. from 480 feet south of Catalpa St. to 182 feet north of Catalpa St. The north and south side of Catalpa St. from East Ave. to Brownstone 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 Turf: 6,258 square feet Total Hardscape: 15,034 square feet Landscape Maintenance District No. 8 -City of Rancho Cucamonga Fiscal Year 2012/13 P490 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 Fiscal Year 2012/13 P491 a w ~ z W d J l6 W J'`y ?/ ~W Z Z ~ ~ o yis!/ ~ ~ J ~ O fn Q J ~ H m r rs w C7 ~ Cal Y °p O W U ~ ~ Q W ~ 6~`~ ~ ~ d ~ d ~ ~ ll d i ~ O O ~ I '~ I I Q4 O 2 fq N ~ ~ , Op ~s`~ N O ~ Z _ ~ `\ h -- O ~° ~ -_ - ~ g -- - ~- _ ~a ~ o _ ~ N = _ . _ _ ~ ~ -- -- O _~ '~ - _ _ Rs ~ o~ ._ - H 1_ - __ . _ ~_ ~_r ~- -l as ~ _ ~-.__ _ __,~ L n. V ~ I / - ---- - _ _ N y F- O~ Q - J -- - y - - - --- -------- -- ~ ~N l~ ~~~ _ ~ -- ~_ - _--- -- 1~TTl a -- ~g rya :fre o•g. mi I I ~ ~ I ~z~Ee~eos.fr p~. __ _ S('~' ~tl 1Stl3 os~~s`saa:~e- ,s°aa y O ?aeE_,. D a•y: o€~¢ aE: e8 E eG~ a.zce~€=a ee_e=Sa ~~ ~ ~ ~~ ~ I-1 I-~ 111 ~= i P492 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 2012H3 Budget Personnel Services Regular Salaries Part-time Salaries Fringe Benefits Subtotal Personnel Operations and Maintenance Operations and Maintenance Emergency Equipment and Vehicle Rental Contrail Services Tree Maintenance Utilities Water Utilities Electric Utilities Assessment Administration General Overhead ' Subtotal Operations and Maintenance Capital Expenditures Capital Projects Subtotal Capital Expenditures Total District Expenditure Budget Total Estimated Assessment Less Anticipated Delinquency Penalty Total Estimated Revenue Plus Reserve Fund Contribution Total Expenditure Budget Total Estimated Assessment Total District EBU Count Actual Assessment per EBU -Fiscal Year 2012/13 Maximum Allowable Assessment per EBU -Fiscal $1,450.00 0.00 680.00 $2,130.00 $1,000.00 0.00 9,260.00 4,300.00 6,470.00 910.00 1,040.00 4.970.00 $27,950.00 $0.00 $0.00 $30,080.00 $28,620.00 2( 00.0)0 $28,420.00 1.660.00 $30,080.00 $28,620.00 189.00 $151.45 2/13 $151.45 The maximum allowable assessment per EBU listed in the District budget above, is the amount which was approved in 1989/90, when the District was formed, and subsequent District annexations. Landscape Maintenance District No. 8 -City of Rancho Cucamonga 7 Fiscal Year 2012/13 P493 Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City 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 fscal 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, 2012 Reserve Fund Balance $55,470.00 Operating Reserve Contribution -Fiscal Year 2012/13 1,660.00 Ooeratinc Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $53,810.00 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 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. 8 -City of Rancho Cucamonga Fiscal Year 2012/13 P494 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. 8 -City of Rancho Cucamonga Fiscal Year 2012/13 ti P495 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 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. 8 -City of Rancho Cucamonga 10 Fiscal Year 2012/13 P496 • 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. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Benefit Unit ("EBU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Benefit Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Pro e T e Coun Use Code EBU Value Multi lier 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 unitslacreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. Landscape Maintenance District No. 8 -City of Rancho Cucamonga 11 Fiscal Year 2012/13 P497 The following table summarizes the Fiscal Year 2012/13 maximum allowable assessment rates for the District: Maximum Allowable Property Type (County ~ Assessment Rate Actual Assessment Total Total Use Code) er EBU Rate per EBU Units/Acres EBUs Single Family Residential $151.45 $151.45 189.00 189.00 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual. assessments are shown on the assessment roll in this report. Landscape Maintenance District No. 8 -City of Rancho Cucamonga 12 Fiscal Year 2012/13 P498 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 8 -City of Rancho Cucamonga 13 Fiscal Year 2012/13 P499 w ~~ w .y O C ^C W w .C Q v a J ny ua~lll!W ny uaneH ny esowJeH ny PIe9!4oJ`d ny uewllaH ;g uellawe~ c 0 m ny epueMg3 ~aaJ~ ne4 ny Ja;sayooa U N U O Y S~ ,n a j 2 V) C (6 T C m 00 L m ny ilJJay~ d C _ J m ~ N - ~+ L 3 ~ m 0 0 u°. N ~E J 0 .~..` ~ U ~ ~ ~. J ti~~ n`d 3se3 in N N ® ~' 0 0 N N O ny epuenn43 ny Ja;sayooa ny ua~lp!W my uaneH s ny esowJaH 1 inV Pley!yoJV ~..~-°~ ny uewllaH rr•• ,~ L a ny p e~(auln N c J d N N O] 00 0'• •~ L L O eD O Q LL Fs~ _~P € ~° ~~e c$~ v ~~ %g i89~ 9~Ey :=g~1 ~qs ¢•i€5~~ C~~ ~5E P500 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012113 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012/13 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type (County Assessment Rate Total Total Allowable Use Code er EBU UnitslAcres EBUs Assessment Single Family Residential $151.45 189.00 189.00 $28,624.05 Actual Property Type (County Assessment Rate Total Total Actual Use Code er EBU Units/Acres EBUs Assessment Single Family Residential ~ $151.45 189.00 189.00 $28,624.05 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no annexations effective for the 2012/13 Fiscal Year. Landscape Maintenance District No. 8 -City of Rancho Cucamonga 14 Fiscal Year 2012/13 P50t Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Landscape Maintenance District No. 9 (Lower Etiwanda) P502 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 L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P503 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 ASSESSMENT ROLL 13 14 Assessment Roll ...................................................................................................... 14 Annexations ............................................................................................................. 14 P504 ENGINEER'S LETTER WHEREAS, on June 20, 2otz ~ 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. 12-095 , a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 9 (Lower Etiwanda) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Engineer's Report for Fiscal Year 2012/13 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 2072/73 Total Estimated Assessment $378,780.00 Plus Anticipated Delinquency Penalty 37 670.00 Total Estimated Revenue $416,450.00 Plus Reserve Fund Contribution 305 320.00 Total Expenditure Budget $721,770.00 Total District EBU Count ~ 2,025.58 Actual Assessment per EBU $187.00 Maximum Allowable Assessment per EBU $527.03 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 casts of the improvements; Landscape Maintenance District No. 9 -City of Rancho Cucamonga Fiscal Year 2012/13 P505 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, Director of Engineering Services/City Engineer Landscape Maintenance District No. 9 -City of Rancho Cucamonga Fiscal Year 2012/13 P506 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 admihistrative costs associated with the annual administration arid 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 2012113 P507 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. 9 -City of Rancho Cucamonga Fiscal Year 2012/13 P508 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. tion of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area known as Lower Etiwanda, which 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 Chateau 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 Brookfield. Brookfield from East Ave. to Oak Crest. The east side of Oak Crest to 137 feet north of Brookf eld. 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 9-4 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 side of Miller Ave from 372 feet west of Dolcetto to 240 feet east Landscape Maintenance District No. 9 -City of Rancho Cucamonga Fiscal Year 2012/13 P509 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 squarefeet Hardscape area: 28,746 squarefeet 9-5 The north side of Miller from 429 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 squarefeet 9-8 The south side of Baseli ne 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: 14,558 square feet 9-9 The north side of Candl ewood 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 square feet Hardscape area: 13,600 square feet 9-11 The north side of Mueller Ct. from 40 feet past the east end of Mueller Ct. to 20 feet east of Dicarlo PI. Ground cover area: 9,420 square feet 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 square feet 9-13 The south side of Carnesi Dr. from Etiwanda Av. to 395 feet east of Murietta Ct. Ground cover area: 8,919 squarefeet 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 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. 9 -City of Rancho Cucamonga Fiscal Year 2012/13 P510 Landscape Maintenance District No. 9 ®~ t~ C-q ,F~i~i Q WATER METER ^~ IRRIGATION PUMP -•••-• PE TRAIL IRRIGATION LINE - PARKS LMD 9 Boundary MAJOR STREET FREEWAY PARCELS rnamapa.a.m aaa g.agr.pnmmiarmmaa l'mm,mano~~ suable by ana mmugn ine clry of Rancno cawmonge ,e presantea es a pubbc resource al ganenllnbrma~ion. 18 ine CIfJ of Rancne Cucamonga makes nor mplles no enry, represenletlon or guarantee es to ine content, mpuence.a urarycompleleness ortlmellness of any Inlormalon pwvketl m you Herein, Tne user snouts n W rely FH-171S IN LMD 9 BUT e n n r n o r m e , MAINTAINED BY MARIP A m .p. eeo y.e lry ao~.~e n mmrn, m pne e e ne~em. OS Tn. nrymaaacnaacameaga e•plkuly aoa wnnemnmmlmo al:Haim: air aaa all represemarmas aaa wamameea. ianaamg. . nw nm limnea m, Naimpll.e werramiea of m.rcnamab'nM eaa fiNess Iota parlkular purpose. Tne Cily of Rancno Cucamonga snail nellner accept nor assumx eny llenlldy, regardless ollne usaron for (1) any enors. omissions o, Inaxuraties In n e y inlormarion provgetl anabrle~any ecaon orinacrian ring tlue la eny persona ralwnce upon me lnlormalwn . a u.nle Her-m. P511 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 2012N3 Bud et Personnet Services Re ular Salaries $156,090.00 Part-time Salaries 7,860.00 Frin a Benefits 73 980.00 Subtotal Personnel 5237,930.00 O erations and Maintenance O erations and Maintenance $52,750.00 O & M/Com uter E ui ment 2,430.00 Cellular Technolo 1,080.00 Emer enc E ui ment and Vehicle Rental 1,200.00 Contract Services 333.440.00 Tree Maintenance 26,050.00 Utilities Water Utilities 27,550.00 Electric Utilities 8,730.00 Assessment Administration 8,750.00 General Overhead 21 860.00 Subtotal O erations and Maintenance $483,840.00 Ca ital Ex enditures Ca ital Pro'eds 0.00 Subtotal Capital Expenditures $0.00 Total District Ex enditure Bud et $721,770.00 Total Estimated Assessment ~ $378,780.00 Plus Anticipated Delinquency Penalty 37 670.00 Total Estimated Revenue $416,450.00 Plus Reserve Fund Contribution 305 320.00 Total Expenditure Budget $721,770.00 Total Estimated Assessment $378,780.00 Total District EBU Count 2,025.56 Actual Assessment er EBU -Fiscal Year 2012/13 $187.00 Maximum Allowable Assessment er EBU -Fiscal Year 2012/13 $527.03 Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance Landscape Maintenance District No. 9 -City of Rancho Cucamonga Fiscal Year 2012/13 P512 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, 2012 Reserve Fund Balance $2,646,480.00 Operating Reserve Contribution -Fiscal Year 2012/13 (305,320.00) Ooerating Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $2,343,160.00 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: 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 cast 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. Landscape Maintenance District No. 9 -City of Rancho Cucamonga Fiscal Year 2012/13 P513 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. 9 -City of Rancho Cucamonga Fiscal Year 2012/13 P514 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 distnbutes 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 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, 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 10 Fiscal Year 2012/13 P515 • 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. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Benefit Unit ("EBU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Benefit Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Pro ert T e Count Use Code EBU 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 EBU assignment shall be based on the Landscape Maintenance District No. 9 -City of Rancho Cucamonga 11 Fiscal Year 2012/13 P516 correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2012/13 maximum allowable assessment rates for the District: 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 EBU 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 er EBU Actual Assessment er EBU 2000/01 $375.91 $375.91 2001/02 388.02 375.91 2002/03 398.81 375.91 2003/04 414.44 375.91 2004/05 421.71 375.91 2005/06 438.67 375.91 2006/07 459.15 375.91 2007108 476.76 387.94 2008/09 492.41 387.94 2009/10 492.41 387.94 2010/11 501.55 387.94 2011/12 516.58 187.00 2012/13 527.03 187.00 Landscape Maintenance District No. 9 -City of Rancho Cucamonga 12 Fiscal Year 2012113 P517 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein arid made part of this Engineer's Report. Landscape Maintenance District No. 9 -City of Rancho Cucamonga 13 Fiscal Year 2012/13 P518 ~ ~ ~ ~~ v •- w h ~ O c o ~ (j ~ ® ! i u1 V ~ j ny /~JJa4~ Cf ti ~ ; .._.._.._.._: C J ti.r o / / ~y ~ ~ N N C _ 1 ~ m ~ o `~ j ~ ~ m ~ 3 ' ~ Gi Q i j L v i ny epueM!13 i _.._.._ .~ ny epueM!33 - C1 i ~ _ 1 ~ =-~ ! ~ pe ~aaJ~ ilea j C ._.._.._.._.._.._.._.., ~ ~0 ny Jalsayooa J i ny Ja~sayooa ~..~ j i / \- - ny ua~!II!W f._.._.._.._.._.._-- I ny ua~!II!W i i i ! i i ny uaneH ~ ! i my uaneH i i _ ny esowJaH j ! ny esowJaH i 1 nV PIe9!yoJ`d ~ jn`d PIeQ!4oJb' i ny uewllaH i ~'•r' tA ny uewllaH i ~r" `~ L 1 i cfl ! nb' PJe~(au ~ !~ 1S uepawe~ ~ - - ~ 1 -o L g ~s :4 re a °gai g r.._..~_.._ • _.._ ~ m y 3 ~ ~~~a €~ 9 ~~~ 8 ~ ~ C m LL Q E~~@ga g E i IBSS.. ads f 8yg~.s d <° _ V C of €$ga~e~1 s 1$~R S g ; ~~ : ~ ~_ ~ ,~&Ie a go $ e F-?tE 64~~@B=lfl~~i ~` ~'~ Ea°~y'°a~C~e€~ ~'~ "~! E U e£ E e F2~1&iF Fe$fE P519 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012/13 maximum and actual assessments for the District: Property Type (County Use Code Maximum Allowable Assessment Rate er EBU Total UnitslAcres Total EBUs Maximum Allowable Assessment Single Family Residential $527.03 932.00 932.00 $491,191.96 Multi-Family Residential 527.03 1,057.00 1,057.00 557.070.71 Non-Residentiallmproved 527.03 18.28 36.56 19,268.22 Vacant Property 527.03 0.00 0.00 0.00 TOTALS 2,007.28 2,025.58 $1,067,530.89 Property Type (County Use Code Actual Assessment Rate er EBU Total Units/Acres Total EBUs Actual Assessment Single Family Residential $187.00 932.00 932.00 $174,284.00 Multi-Family Residential 187.00 1,057.00 1,057.00 197,659.00 Non-Residentiallmproved 187.00 18.28 36.56 6,836.72 Vacant Property 187.00 0.00 0.00 0.00 TOTALS ~ 2,007.28 2,025.56 $378,779.72 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following Annexation is effective for the 2012/13 Fiscal Year: Assessor's Annexation Total Total Property Type Parcel Number Date Pro'ect UnitslAcres EBUs Coun Use Code 0227-131-03, OS 01/18/12 TR 18806 33 SFD 33.00 Single-Family Residential and 0227-131-62 Landscape Maintenance District No. 9 -City of Rancho Cucamonga 14 Fiscal Year 2012113 P520 Annual Engineer's Report Fiscal Year 2012/2013 City of Rancho Cucamonga Landscape Maintenance District No. 10 (Rancho Etiwanda) P521 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 10 (RANCHO ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Chuck Buquet, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda. D. Daniels, Assistant City Manager Lori E. Bassoon, Deputy City ManagerlAdministrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P522 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 ................................................................................................ 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 ASSESSMENT ROLL 14 15 Assessment Roll ...................................................................................................... 15 Annexations ............................................................................................................. 15 P523 ENGINEER'S LETTER WHEREAS, on June 20, za12 ,the City Council of the City of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. tz-oss , 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 2012/13 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 2012/13 Total Estimated Assessment $462,770.00 Less Anticipated Delinquencies 1 030.00 Total Estimated Revenue $461,740.00 Plus Reserve Fund Contribution 159 360.00 Total Expenditure Budget $621,100.00 Total District EBU Count 751.00 Actual Assessment per EBU $616.20 Maximum Allowable Assessment per EBU $811.01 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: 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; Landscape Maintenance District No. 10 -City of Rancho Cucamonga Fiscal Year 2012/13 P524 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, Director of Engineering Services/City Engineer Landscape Maintenance District No. 10 -City of Rancho Cucamonga Fiscal Year 2012/13 P525 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 suffcient 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 2012113 P526 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 2012/13 P527 PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area known as Rancho Etiwanda, which lies north of 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, 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: Day Creek Park. Site # Descriptive Location 10-1 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 2012/13 P528 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 10-6 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 Hardscape 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. The west side of Day Creek from 118 feet north of Coyote to 380 feet north of Coyote. Ground cover area: 9,403 square feet Hardscape area: 6,052 square feet *This site previously had 8,488 square feet of ground cover and 5,752 of Hardscape prior to the addition of the area on the west side of Day Creek 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 10-12 The paseo on the east side of Stoneview Rd. across from Duncaster PI. Ground cover area: 3,326 square feet Hardscape area: 2,374 square feet Ground cover, shrubs and turt 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. 10 -City of Rancho Cucamonga 6 Fiscal Year 2012/13 P529 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. 10 -City of Rancho Cucamonga Fiscal Year 2012/13 P530 Landscape Maintenance District No. 10 f~; ti:; ~~- ~ ~~ ~~- ine nen. aeb ena pwgnp4m mwNlbn 1'mnmrtlon 1 mlbde eY em Nlo.gn Ne clry of RarcM c•omonga re prneniM as a pudic ~nw•n olgen~al bbnry4p4. T.e c~ly al RsnMO Cumrtonga meFea nw vnp4n no rtsn1Y. repunentatm or 9wnnleus to Ne mmenl, sryue wary <anpla4nan o~4melnen of any InMma! nep~wCw W you 4me b. i4e used sMNE nM rely upon Pe Inbmwton M any •eesw en0 b e4wlee b naewmen0y rent' eny ana ell Imomwbn preumea nmm. me cYy of Randle cuwlronga e[p1uM aM nMw~ Imdlon e~ma.n..nv em av rwreaem.4we em warmmwa, mdoal~q, Lm nd im4M 4a, Ne Implee wanen4n of mert4amadlay aM Mrwm b• a wRbula~ pu~pne. TLe Clly of RentAO Cunmangs s4all nelNe• swepl na assume any IoEIIaY. segaNlest 41 Ne usalun lo• 11) sny enon, o synlwmaMn p~wGeO anebra(il any a<4one Wcllw ning Oue b eny w~sons ~elance upon Ne blama[on aalMde nneN. Q WATER METER ^O IRRIGATION PUMP -•••-• PE TRAIL IRRIGATION LINE - PARKS Q LMD 10 BOUNDARY MAJOR STREET FREEWAY ~~ ~~ ___ < lllllllllllu~- ~ - _ I T l -- _ _~ - I _ -- °0$ , - ~ ,~ - ~ I I - ~ - _ ~ ~-` -' U~ fH~ I - ~r_a-r -. _ ~1 E ~_ ~ PARCELS P531 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 2012113 Budget Personnel Services Regular Salaries $142,510.00 Overtime Salaries 1,050.00 Part-time Salaries 27,590.00 Fringe Benefits 70.340.00 Subtotal Personnel $241,490.00 Operations and Maintenance Operations and Maintenance $26,500.00 Operations and Maintenance/Facilities 4,000.00 O & M/Computer Equipment 810.00 Cellular Technology 360.00 Emergency Equipment and Vehicle Rental 1,000.00 Equipment Operations and Maintenance 1,000.00 Contrail Services 148,730.00 Contrail Services/Facilities 2,000.00 Tree Maintenance 15,260.00 Utilities Water Utilities 79,130.00 Electric Utilities 54,110.00 Assessment Administration 4,130.00 General Overhead 42.580.00 Subtotal Operations and Maintenance $379,610.00 Capital Expenditures Capital Projects ~ $0.00 Subtotal Capital Expenditures $0.00 Total District Expenditure Budget ~ $621,100.00 Total Estimated Assessment $462,770.00 Less Anticipated Delinquencies 1 0( 30.001 Total Estimated Revenue $461,740.00. Plus Operating Reserve Fund Contribution 159.360.00 Total Expenditure Budget $621,100.00 Total Estimated Assessment $462,770.00 Total District EBU Count ~ 751.00 Actual Assessment per EBU -Fiscal Year 2012/13 ~ $616.20 Maximum Allowable Assessment er EBU -Fiscal Year 2012/13 $811.01 Landscape Maintenance District No. 10 -City of Rancho Cucamonga 8 Fiscal Year 2012/13 P532 Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City 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, 2012 Reserve Fund Balance $1,083,260.00 Operating Reserve Contribution -Fiscal Year 2012/13 (159,360.00) Operating Reserve Collection -Fiscal Year 2012/13 0.00 Estimated Fiscal Year Ending June 30, 2013 Reserve Fund Balance $923,900.00 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: 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. Landscape Maintenance District No. 10 -City of Rancho Cucamonga Fiscal Year 2012/13 P533 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 mohuments. 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. 10 -City of Rancho Cucamonga 10 Fiscal Year 2012/13 P534 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 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, 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 11 Fiscal Year 2012/13 P535 • 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. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Benefit Unit ("EBU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Benefit Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Pro e T e Coun Use Code EBU Value Multi tier it 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 EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. Landscape Maintenance District No. 10 -City of Rancho Cucamonga 12 Fiscal Year 2012/13 ':% P536 The following table summarizes the Fiscal Year 2012/13 maximum allowable assessment rates for the District: Maximum Allowable Property Type Assessment Rate Actual Assessment Total Total (County Use Code) er EBU Rate per EBU UnitslAcres EBUs Single Family Residential $811.01 $616.20 751 751 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 EBU 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 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 per EBU Actual Assessment per EBU 2001/02 $597. 09 $597. 09 2002/03 613. 69 597. 09 2003/04 637. 75 597. 09 2004/05 648. 93 597. 09 2005/06 675. 03 597. 09 2006/07 706 .54 597. 09 2007/08 733 .65 616. 20 2008/09 757 .73 616. 20 2009/10 757 .73 616.20 2010111 771 .79 616 .20 2011/12 771 .79 616 .20 2012/13 811 .01 616 .20 Landscape Maintenance District No. 10 -City of Rancho Cucamonga 13 Fiscal Year 2012/13 P537 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 10 -City of Rancho Cucamonga 14 Fiscal Year 2012/13 P538 ~ ~ ~ ~. ~ ~ N • ~ ~ ~~ O .- ,w Q _ ~ ~ ~ ~~ _ ~ ~ ~ 0 ~ '~~ ny /~ay~ ~ y ~ ~ 1 r .._.._.._.._ ~ . J o C i ~, En N C C is J N m ' - w j m o 3 0 i C ii ¢` _ ~ i n`d lse3 in i ® , L V ~ i ny epueM!l3 -"-"- ' _ ny epueM!l3 . Q ! - ! i V ~ y ~8 ~aa -- C ny ~alsayooa ~ i i ny ~alsayooa J .~..~ i ~ - ~ ~ ~-- - - ny ua~!II!W t._.._.._.._.._.._- i ny ua~!II!W i i i ny uaneH ~ j - in uane i d H i ny esow~aH j - ! ny esow~aH i ~ nH Ple4!4o~V ~ jnb' Pley!yo~`d i ny uewllaH i i ~•~.•~"~ ny uewllaH i mot" w L ~ i ny p e~(au!~ lg uepawe~ ~ i i ~ ._;1 i e€~i~y~~i~~ a ~a t.._.._ /~ ~ ~ t ~ __:-•ti.._.• + ny anal ~ a . 4 ~ {assaF$ ~a ~ G iaEY'S '~ E &E~£ ~ fn E6 m 33 {{ fisppa~~Fy6 g[Pegi ~ °F ~ ~ = ~ P~ ~ ps gy gs $rx., ai'e ~ a ` a _~ . aa ga~g g i~~ =9 . z~ ~~~sa ~ 5 gaag=o°~SL 8 a r U . E Ee6 g 6 r $~I €Lfa&cd~ ~ a P539 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2012/13 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following tables summarize the Fiscal Year 2012/13 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable Coun Use Code er EBU Units/Acres EBUs Assessment Single Family Residential $811.01 751.00 751.00 $609,068.51 Actual Property Type Assessment Rate Total Total Actual Coun Use Code er EBU Units/Acres EBUs Assessment Single Family Residential $616.20 751.00 751.00 $462,766.20 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following Annexation is effective for the 2012/13 Fiscal Year: Assessor's Parcel Number Annexation Date Pro'ect Total Units/Acres Total EBUs Property Type Coun Use Code 0225-161-65 & 71 07/06/11 TR 18032 23 SFD 23.00 Single-Family Residential Landscape Maintenance District No. 10 -City of Rancho Cucamonga 15 Fiscal Year 2012/13 STAFF REPORT ADn4INISTR~ITIVE SERVICES DEP.9RTbfENT Date: June 20, 2012 To: Mayor and Members of the City Council John R. Gillison, City Manager ` From: Lori Sassoon, Deputy City Manager/Adminisptrative Services By: Chris Paxton, Human Resources Directorl.~ P540 RANCHO CUCAMONGA Subject: APPROVAL OF A RESOLUTION ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUP FOR THE PERIOD 2012-2074 RECOMMENDATION Staff recommends the City Council adopt the attached resolution approving the Memorandum of Understanding (MOU) between the City of Rancho Cucamonga (City) and the Mid-Manager, Supervisory/Professional and General Labor Group (Coalition) related to wages, benefits and other terms and conditions of employment for the period July 1, 2012 through June 30, 2014. BACKGROUND Staff and the members of the Coalition have met and conferred in good faith and reached an agreement on an MOU for fiscal years 2012/13 and 2013/14. In recognition of the current economic conditions in the State of California and the on-going fiscal challenges facing all local• agencies, this amendment includes a provision for thirty-five (35) hours of unpaid furlough for all represented employees in FY 2012/13. Also included is a provision for employees to pay 1% of CaIPERS retirement contributions commencing in year two of the agreement. The agreement reached on these concessions provides immediate and on-going budget savings that are crucial to our ability to balance the City's budget. The attached MOU implements the negotiated provisions. Attachments 1. Resolution Approving the 2012-14 MOU 2. 2012-2014 MOU P541 RESOLUTION NO. 12- 098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEE LABOR GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS 2012/13 AND 2013/14. A. RECITALS Representatives of the City of Rancho Cucamonga (City) and the Mid-Manager, Supervisory/Professional and General Employee Labor 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 City and Executive Management have agreed upon and presented to this City Council a Memorandum of Understanding effective July 1, 2012 specifying the results of said meet and confer process. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW THEREFORE, the City Council of the City of Rancho Cucamonga, California, does hereby find, determine and resolve as follows: In all respects, as set forth in the Recitals, Part A of this Resolution. The attached Memorandum of Understanding entered into by and between City representatives and the Mid-Management, Supervisory/Professional and General Labor Group representatives for Fiscal Year 2012/13 and 2013/14 is hereby approved and ratified by the City Council. 3. The City Clerk shall certify to the adoption of this resolution. PASSED, APROVED AND ADOPTED this day of , 2012. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Mayor ATTEST: Janice Reynolds, City Clerk P542 I, Janice Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, at a Meeting of said Council on the day of , 2012. Executed this day of 2012 at Rancho Cucamonga, California. Janice Reynolds, City Clerk P543 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AND MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUP SECTION 1: EFFECTIVE DATE The provisions of this MOU are effective July 1, 2012 and shall continue for atwo-year period, ending June 30, 2014. SECTION 2: COST OF LIVING ADJUSTMENT There shall be no cost of living adjustment (0%) for the term of this agreement. SECTION 3: SALARY STRUCTURE All employees will be assigned to salary ranges which are no less than 20% (40 salary code steps) below the control point and no more than 5% (10 salary code steps) above the control point. Actual salary within the range is determined by performance, achievement of goals and objectives, or for recent appointments, growth within the position. SECTION 4: SALARY SURVEY The City shall conduct a salary survey of labor market cities approximately six months before the start of new labor negotiations for the next MOU. SECTION 5: TWO-TIERED MANAGEMENT PROGRAM Employees designated as either Professional/Supervisory or Management are not eligible for overtime pay, or compensatory time for working hours over and above the normal daily work schedule. Employees so designated shall be entitled to all benefits provided to general employees and the following: Management (includes but is not limited to Mid-Managers) A. Administrative Leave -Seventy Five (75) hours perfiscal year. Days off must be approved by appropriate supervisor, after successful completion of six months service within this classification. B. Life Insurance -Additional life insurance in the amount of $20,000.00 (total $50,000.00) C. Deferred Compensation -Four percent (4%) of base salary. P544 Su~enrisorv/Professional A. Administrative Leave -Fifty (50) hours per fiscal year. Days off must be approved by appropriate supervisor, and may be taken only after successful completion of six months service within this classification. B. Life Insurance -Additional life insurance in the amount of $20,000.00 (total $50,000.00). C. Deferred Compensation -Two percent (2%) of base salary. SECTION s: LIFE INSURANCE The City provides $30,000.00 base coverage of life insurance for all employees. Employees who want to purchase additional life insurance coverage with personal funds may do so at the City's group rate. SECTION 7: HEALTH INSURANCE A. EMPLOYEES HIRED BEFORE .JULY 1, 1994 The City shall provide employee and family health insurance for all existing full-time continuous salaried employees within the bargaining groups, subject to the limitation that no such monthly funding by the City shall exceed the following: $995.60 B. EMPLOYEES HIRED AFTER JULY 1, 1994 The City shall provide employee and family health insurance for all full-time continuous employees within the bargaining groups who have been hired on or after July 1, 1994, subject to the limitation that no such monthly funding by the City shall exceed the following: , $700 C. CASH IN-LIEU PAYMENT Effective July 1, 2010 represented employees who waive coverage under a City paid medical insurance plan shall be eligible for a cash in-lieu payment in the amount of $200 per month for single coverage or $300 per month for family coverage. To be eligible an employee must provide proof of other medical insurance coverage and must provide a signed waiver. D. REOPENER In July, 2013, the parties agree that negotiations will reopen for the purposes of P545 discussing medical plans, benefit contributions and collapsing of the two (2) tiers. Any new terms would be subject to mutual agreement. If no agreement is reached to make changes, then the contributions as described in Sections A through C above will remain in effect for the duration of this MOU. SECTION 8: RETIREE MEDICAL Subject to the conditions stated below, effective upon a service or disability retirement from City service at or beyond age 55 with 10 consecutive years of City service at the time of retirement, retirees shall be eligible to 100% personally fund, without any City contribution, participation in a group health insurance program(s) which is making group health insurance available to the City's retirees. It is agreed and acknowledged by the parties to this MOU that no representation is or can be made by the City, that such group retiree health insurance is available, or if available, will remain available for any specific future period of time. If no such group health insurance is reasonably available, or if the private carrier(s) terminates such coverage as to the retiree group or any individual group member, the City shall have no obligation/duty to self-fund or otherwise provide insurance or replacement insurance. All premiums for the retiree and/or eligible dependents shall be borne by the retiree. The City shall advance and submit the necessary premiums to the carrier(s), subject to the retiree reimbursing the City not later than 30 calendar days after City payment of the premium. Failure to timely reimburse the City shall result in no further premium payments being made by the City, resulting in termination of insurance coverage. The City's duty to advance said premiums shall terminate at age 65 of the retiree, regardless of whether or not the retiree is eligible for Medicare. City shall advise the group carrier of the insured's status as a retiree. Coverage eligibility shall then be solely determined by the group insurance carrier(s). It is likely that premium rates for retirees and/or dependents shall be greater than rates for employees. Regardless, retirees shall pay 100% of said rates. If at any time, it is determined by any group health insurance carrier that the City is prohibited from seeking premium reimbursement from a retiree, City affiliation and retiree enrollment in said group insurance plan shall immediately terminate upon rendering of the insurance carrier's decision. In such case, no retiree shall seek reimbursement from the City for any prior premiums paid by the retiree to the City as and for premium reimbursement. 3 P546 SECTION 9: DENTAL INSURANCE The City shall provide a dental insurance plan for all full-time continuous salaried employees within the bargaining unit. SECTION 10: OPTICAL INSURANCE The City shall provide an optical insurance plan for all full-time continuous salaried employees within the bargaining unit and elected officials. SECTION 11: VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION (VEBAt' 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. 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 negotiated separately from this agreement. Contributions to the Plan shall be made as City contributions through a salary reduction arrangement. All contributions made on behalf of employees through such salary reduction arrangement are made on apre-tax basis in accordance with IRS provisions. No Employer contributions are to be made to the plan. At the discretion of the Supervisory/Professional Group, contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. SECTION 12: FLEXIBLE SPENDING ACCOUNT PLAN UNDER SECTION 125 The City has established a flexible spending account plan managed by a third party administrator that is open to voluntary participation of members in the bargaining unit. The City agrees to pick up all administrative fees associated with maintaining this program for bargaining unit members (including but not limited to debit card fees). SECTION 13: BEREAVEMENT LEAVE When a death occurs in the family of a full time employee, the employee shall be granted up to five (5) bereavement leave days with pay. A death certificate or other acceptable evidence may be required by the City Manager or designee before leave is allowed. Family members are defined as follows: employee's spouse or domestic partner, employee's parents, employee's grandparents, employee's children, employee's siblings, or employee's grandchildren, employee's spouse or domestic partner's parents, employee's spouse or domestic partner's grandparents, brother-in-law, sister-in-law, employee's spouse or domestic partner's children, employee's spouses grandchildren, or a blood relative residing with employee. The City Manager or designee shall approve such bereavement leave. (References to domestic partner refer to registered domestic partners, as defined by California Family Code Section 297). 4 P547 SECTION 14: PERSONAL LEAVE Employees can use up to 20 hours of accrued sick leave, vacation, administrative leave or holidaytime as personal leave. These 20 hours can be used incrementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for situations requiring the employee's attention and needs to be cleared with their supervisor when using this time. Personal leave can be taken after six months service.- SECTION 15: VACATION All full-time employees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule. Vacation can be taken after six months service. Length of Service Hours Accrued Annual Hours in Years Per Pav Period Accrued 1 3.077 80 2 3.461 90 3 3.846 100 4 4.230 110 5 4.615 120 6-8 5.000 130 9 5.384 140 10 5.769 150 11-13 6.153 160 14 6.538 170 15+ 6.923 180 SECTION 16: VACATION BUYBACK Annually, at the employee's written request, the City will "buy back," the total cash value of up to 120 hours of previously earned vacation leave. This buy back shall occur twice annually, in April and November. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buy back time. Employees who wish to sell back vacation must request payment of not less than 20 hours and not more than 120 hours in a calendar year. SECTION 17: SICK LEAVE All full-time employees shall, with continuous service, accrue 120 hours of sick leave annually. Sick leave can be taken after six months service. SECTION 18: SICK LEAVE BUYBACK Employees within the bargaining unit who terminate their city employment after 5 years of continuous service and have at least 50% of five years' sick leave accrued on the books upon termination can sell 120 hours back to the City. P548 SECTION 19: HOLIDAYS The City Offices shall observe the following 14 holidays. All full time continuous salaried employees shall be compensated at their regular rate for these days. ~~~ July 4 ~Zi First Monday of September ~3~ November 11 ~4~ Last Thursday of November psi Day following Thanksgiving ~e~ December 24 ~'~ December 25 ~ej January 1 ~9~ Third Monday of January ~10~ Third Monday of February ~"~ Last Monday of May Independence Day Labor Day Veteran's Day Thanksgiving Day Day preceding Christmas Christmas Day New Years Day Martin Luther King's Birthday President's Day Memorial Day ~12~ Three discretionary days may be taken by an employee at his/her convenience after six months service subject to approval of the department head. Days may not be carried over from one fiscal year to the next. 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. When a holiday combination occurs (Thanksgiving, Christmas, etc) where two consecutive days are holidays and it would result in the City Hall being open to serve the public only 2 days during the week, only one of the holidays will be observed and the other holiday will become a floating holiday. For example, for Thanksgiving, Thursday will be observed as the regular holiday; however Friday will become a floating holiday to be used at a later date. In the instance of Thanksgiving, Christmas, or New Years, employees will have until June 30 to use those floating holidays accrued between Thanksgiving and New Years. Also, those days will not accrue as floating holidays until the actual holiday has occurred. Each year the City will designate which days will be observed and which are floating holidays. Employees who are eligible to bank a holiday have until June 30 (end of fiscal year) to use the banked holiday earned from July 1 through April 30. Any holiday banked in May and June, employees have until September 30 to use the banked holiday. SECTION 20: HOLIDAY TIME The City agrees that employees who are assigned to work on a holiday, whether or not their regular shift assignment requires they work that day, are eligible for pay at time and one-half for working that day. This time and one-half may be taken as compensation or put in a compensatory time off bank, (in effect, compensating at double time and one-half). That rate of compensation is tallied as follows: The ten hours compensation for the holiday, plus compensation at time and one-half for the hours actually worked. This payment at time and one-half abrogates the employee's right to that holiday. P549 SECTION 21: PREMIUM HOLIDAY COMPENSATION Maintenance employees in the bargaining unit required as part of the regular work assignment to work on Christmas Day, New Years Day, Independence Day or Thanksgiving Day, are allowed to observe the holiday on another day. Additionally, these employees who work on the aforementioned designated holidays may select to receive compensation on that holiday at time and one-half for the ten hour shift, or take a second holiday as time off at a later date. SECTION 22: NATAL AND ADOPTION LEAVE WITHOUT PAY The City shall provide employees within the bargaining unit 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 City'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. SECTION 23: NATAL AND ADOPTION LEAVE WITH PAY Employees within the bargaining unit are granted up to 2 days natal and adoption leave with pay for the birth or adoption of a child, however, use of the 2 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. SECTION 24: WORKERS COMPENSATION LEAVE Any employee covered herein who is receiving disability payments under the "Workers Compensation Act of California" for on-the-job injuries sustained while engaged in the performance of duties of any such City position, shall receive from the City during the first three months of such disability absence, payments in an amount equal to the difference between the disability payments received- under Workers Compensation Act and the employee's full salary. Such payments by the City should be made without any deduction from accrued sick leave benefits. The City's obligation for such payments shall commence on the first (1st) day of such disability absence. In the event the employee's disability absence should exceed three months, an employee shall be allowed to supplement the Workers Compensation benefit received under State law with available accrued sick leave, accrued vacation leave or accrued compensatory time. The total number of leave hours, along with the Workers Compensation benefit, shall not exceed the employee's base pay for each day of the leave. For this purpose, accrued leave hours can only be used in one- hour increments. P550 SECTION 25: MILITARY LEAVE Employees required to serve military leave will be compensated pursuant to the Military and Veterans Code. To qualify for compensation the military orders must be submitted to the supervisor prior to their tour of duty and must be attached to the timecard for that pay period. SECTION 26: MILITARY SERVICE BUY BACK Employees have the option for military service buy back at the employee's expense. SECTION 27: OVERTIME -MAINTENANCE (NON-SBPEA) The City agrees that employees who are sent home to rest and to be available to work additional hours as a result of a storm or impending emergency situation and are not subsequently recalled to work, will be compensated for the hours not worked in that shift, due to them having been sent home, to bring the total hours to 10 worked in that shift. Employees who'are subsequently recalled to work the storm or emergency situation will work no more than 12 consecutive hours. Any hours worked in excess of 10 in that 12 hour shift will be paid at time and one-half, regardless ofthe total numbers of compensated hours for that work week. SECTION 28: ON CALL PAY Employees required to be on call shall be compensated at the rate of $200.00 per week. SECTION 29: SAFETY FOOTWEAR The City will provide up to $200.00 annually toward the purchase of safety footwear at a city designated vendor for employees required to wear safety footwear in the performance of their job duties. SECTION 30: RETIREMENT BENEFIT Represented employees shall be members of the California Public Employees Retirement System (CaIPERS) and shall be provided the benefits as described below: A. Employees Hired Before September 1, 2010 § 21354.4 2.5% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20042 ~ 1 Yr Final Compensation City pays the normal eight percent (8%) CaIPERS member contribution per Resolution 11-063. Effective July 1, 2013, employees shall pay one percentage point (1%) of the normal CaIPERS employer contribution. P551 B. Employees Hired Between September 1, 2010 and July 3, 2011 § 21354.4 2.5% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Yr Final Compensation City pays seven percent (7%) of the normal CaIPERS member contribution; employee pays one percentage point (1 %) of the CaIPERS member contribution per Resolution 11-063. C. Employees Hired on or After July 4, 2011 § 21354 2% @ 55 Full Formula § 21574 4th Level 1959 Survivor § 20037 3 Yr Final Compensation City pays six percent (6%) of the normal CaIPERS member contribution; employee pays one percentage point (1%) of the CaIPERS member contribution per Resolution 11-063. It is understood that all contributions paid by the employee as described above shall be calculated based upon the full base salary of the employee, plus any additional PERSable compensation, and any Employer Paid Member Contributions (EPMC). City shall adopt a resolution providing that all employee CaIPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. D. Impacts of Legislative Pension Changes: If, subsequent to the adoption of this MOU, a State measure becomes law which requires employees to pay one percentage point (1 %) or more of their CaIPERS retirement Employer or Employee Paid Member Contribution, the existing one percentage point (1 %) payment of the employer or employee share being paid by employees would be eliminated on the effective date of such measure. Upon a request from the bargaining unit, the parties will reopen negotiations solely for the purposes of considering new terms related to the payment amount and method of CaIPERS retirement contributions. Any new terms would be subject to mutual agreement. SECTION 31: TUITION REIMBURSEMENT FOR APPROVED COLLEGE AND UNIVERSITY COURSES Reimbursements by the City 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 employee's department head or his designee that all of the following conditions precedent exists: A. Expenses shall be incurred as regards coursework undertaken at a college or university that is licensed/accredited by the State of California. P552 B. The applicant for reimbursement shall represent to the Personnel Department documentation prepared by the accredited/licensed college or university which evidences the applicant's receipt of a grade of "C" or "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 City's 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). C. Eligibility for reimbursement for said expenses shall be confined to either: 1) those courses that in and of themselves consist of curriculum which is predominately related to the development of skills reasonably anticipated by the City 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 that is job-related as set forth in this section C, to those classes which must be completed as a condition precedent to successful completion of the course of study in the selected major.D.Eligibility for reimbursement upon completion of coursework shall be predicated upon the employee's department head or his designee, making a written determination prior to the affected employee's enrollment in the course(s) forwhich 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 Department Head or his designee in such regards shall be final. E. 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 Personnel Department and shall evidence each expenditure for which reimbursement is sought. SECTION 32: 4/10 WORK WEEK City Hall generally operates on a 4/10 work week, hours lam to 6pm, Monday through Thursday. However, different work schedules consisting of various work hours and days may be adopted by individual departments based on departmental need. Remote facilities operate on a 40-hour work week of varying days and times. SECTION 33: CARPOOL PROGRAM The City has implemented awell-defined, equitable, carpool program that eliminated the previously provided time-off incentive with a financial incentive. The carpool program is open to all full time regular employees. Participation is voluntary and employees interested in participating shall file a Rideshare Application Agreement and comply with the requirements of the program. The financial incentive for the program is $2.60 per day for every day that the bargaining unit employee carpools. 10 P553 SECTION 34: BI-LINGUAL PaY Bargairiing Unit employees who qualify for bi-lingual pay will be provided such at $75.00 per month, subject to a cap of no more than three (3) authorized bargaining unit bi-lingual employees per department. SECTION 35: PARITY PROVISION If, during the term of this MOU, the City provides base salary increases to other City/Fire District employees in amounts in excess of that provided to City employees pursuant to this MOU, then said additional base salary increases shall be implemented as to City employees in the payroll period(s) for which said base salary increases were made effective for other City/Fire District employees. Additionally, if during the term of this MOU, the City provides to another City (not District) employee group a furlough amount less than that provided to City employees subject to this MOU, the City employees subject to this MOU shall be collectively offered an equivalent proposal, including furlough amount, which may at the option of the affected bargaining unit, be implemented in the same or equivalent time frame as was applied to another City employee group. SECTION 36: CONFIDENTIAL EMPLOYEES Confidential employees are designated as such when an employee in the course of his or her duties, has access to information relating to the City's administration of employer- employee relations. Employees designated as confidential employees may not act as representatives of employee organizations which represent other employees of the City. The employees designated as confidential employees are as follows: Account Technician -Payroll Personnel Services Coordinator Administrative Secretary Assistant City Clerk Benefits Technician Deputy City Clerk Executive Assistant Planning Commission Secretary Records Clerk Records Coordinator Risk Management Coordinator Secretary Office Specialist II -Administrative Services Senior Account Technician -Payroll Personnel Clerk SECTION 37: Furloughs Fiscal Year 2012/13 Senior Administrative Secretary Employees will be required to.take thirty-five (35) hours of unpaid furlough during Fiscal Year 2012/13. The number of furlough days will depend on the employee's regular work schedule. Employees will have four options to complete the thirty-five (35) hour furlough as outlined below, with the final decision to be made in writing. Once the City has received P554 in writing the decision by all employees regarding their preferred method of meeting their furlough obligation, the City will provide a written Furlough Implementation Schedule to the affected departments and to the negotiation team for each affected employee group. Furlough Options: • Vacation Hours -The employee may elect to "give back" thirty-five (35) hours from their accrued vacation leave bank to the City. A. If an employee opts to give back vacation leave hours but does not have all thirty- . five (35) hours available, the City will permit the employee to accumulate the additional hours through January 31, 2013. If the employee has not accumulated sufficient vacation hours by January 31, 2013, then the employee must take the balance of the thirty-five (35) hours as unpaid furlough hours during the period February 2013 through July 31, 2013. B. Probationary employees who complete probation prior to May 31, 2013 and have elected, in advance, to have thirty-five (35) hours deducted from their accrued vacation balance, shall have the deduction made at the conclusion of probation. If the employee does not complete probation prior to May 31, 2013, aone-time exception shall be made to allow the deduction of the accrued leave by June 30, 2013 if they so choose. If a probationary employee has not accrued thirty-five (35 hours as of May 31, 2013, then the employee must take the balance of the thirty- five (35) hours as unpaid furlough hours by July 31, 2013. Any probationary employee who did not chose to deduct accrued leave shall take the balance of the thirty-five (35) hours as unpaid furlough hours during the period February 2013 through July 31, 2013. • Unpaid Furlough Hours - An employee may elect to take thirty-five (35) unpaid furlough hours during the period August 1, 2012 through July 31, 2013. Furlough hours may be scheduled in full ten (10) hour increments or five (5) hour increments for those employees who work ten (10) hour schedules. However, a maximum of fifteen (15) hours can be taken in five (5) hour increments during FY 2012/13. Furlough hours may generally be scheduled in full eight (8) hour increments or four (4) hour increments for those employees who work eight (8) hour schedules. However, a maximum of twelve (12) hours can be taken in four (4) hour increments. Because employees cannot achieve the full 35 hours of furlough in a combination of eight (8) and/or four (4) hour increments, those employees working eight hour schedules must furlough the remaining three (3) hours during F/Y 2012/13. 12 P555 • Holiday Closure - An employee may elect to take unpaid furlough hours in FY 2012/13 during the holiday closure described in Section 38 and choose either of the preceding options to total thirty-five (35) hours of furlough. If an employee furloughs during the holiday closure period but is subsequently called in to work, that day shall not be counted toward the employee's required thirty-five (35) hours of furlough. Furlough Spread Over 26 Pay Periods - As an option to spread the furlough obligation over the full 26 pay periods in the 2012/13 fiscal year, employees may elect to furlough 1.35 hours per pay period. These employees will work their normal (80 hour) work period (less any regular holiday, vacation, sick or other leave) but will note 1.35 hours of furlough on each time sheet which will result in payment for 78.65 hours of non-furlough time per 80 hour pay period. Fiscal Year 2013/14 Furloughs will be eliminated completely in the 2013/14 fiscal year. SECTION 38: Holiday Facility Closure For FY 2012/13, if agreed to by all City labor groups, in addition to the regular scheduled' City holidays of December 24 and 25, 2012, and January 1, 2013, City Hall and the City Yard shall close December 26, 27 and 31, 2012. For FY 2013/14, if agreed to by all City labor groups, in addition to the regular scheduled City holidays of December 24 and 25, 2013 and January 1, 2014, City Hall and the City Yard shall close on December 23, 26, 30 and 31, 2013 and January 2, 2014. Closure dates for the Libraries, the Cultural Center and other Community Services facilities shall be determined by the City in order to minimize the impact on public services. During these closures employees may take paid leave from holiday, management leave, comp time, vacation accruals, unpaid leave or furlough hours. SECTION 39: Items Not Covered It is agreed that, with respect to other items subject to meet and confer but not covered in this MOU, the City agrees to maintain those items unchanged for the duration of this agreement. SECTION 40: ADOPTION of MOU This memorandum, between representatives of the City and the Mid-Manager, Supervisory/Professional and General Labor Group, was adopted on June 20, 2012. 13 P556 MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUP Larry Henderson, Principal Planner Mid-Manager Flavio Nunez, Management Analyst I Supervisory/Professional Steve Fowler, Assistant Planner Supervisory/Professional Crystal Zuniga, Community Services Coor General Employees Cathy Dawson, Public Works Inspector II General Employees CITY John R. Gillison, City Manager Lori Sassoon, Deputy City Manager/ Administrative Services Chris Paxton, Human Resources Director Fabian Villenas, Principal Analyst 14 STAFF REPORT ADb(INISTR.-1TI~'E SERVICES DEPi1RTITTfENT Date: June 20, 2012 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services By: Chris Paxton, Human Resources Director [~ P557 RANCHO CUCAMONGA Subject: APPROVAL OF A RESOLUTION ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION FOR THE PERIOD 2012-2014 RECOMMENDATION Staff recommends the City Council adopt the attached resolution, approving the Memorandum of Understanding (MOU) between the City of Rancho Cucamonga (City) and the San Bernardino Public Employees Association (SBPEA) related to wages, benefits and other terms and conditions of employment for the period July 1, 2012 through June 30, 2014. BACKGROUND City representatives and representatives of SBPEA have met and conferred in good faith and reached an agreement on an MOU for fiscal years 2012/13 and 2013/14. In recognition of the current economic conditions in the State of California and the on-going fiscal challenges facing all local agencies, this amendment includes a provision for thirty-five (35) hours of unpaid furlough for all represented employees in FY 2012/13. Also included is a provision for employees to begin paying 1 % of CaIPERS retirement contributions commencing in year two of the agreement. The agreement reached on these concessions provides immediate and on- going budget savings that are crucial to our ability to balance the City's budget. The attached amendment implements the negotiated provisions. Attachments 1. Resolution Approving the 2012-14 MOU 2. 2012-2014 MOU P558 RESOLUTION NO. 12- 099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION RELATIVE 70 WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS 2012/13 AND 2013/14. A. RECITALS Representatives of the City of Rancho Cucamonga (City) and the San Bernardino Public Employees Association (SBPEA) 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 City and SBPEA have agreed upon and presented to this City Council a Memorandum of Understanding effective July 1, 2012 specifying the results of said meet and confer process. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW THEREFORE, the City Council of the City of Rancho Cucamonga, California, does hereby find, determine and resolve as follows: 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 City and SBPEA for Fiscal Years 2012/13 and 2013/14 is hereby approved and ratified by the City Council. 3. The City Clerk shall certify to the adoption of this resolution. PASSED, APROVED AND ADOPTED this day of , 2012. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Mayor ATTEST: Janice Reynolds, City Clerk I, Janice Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, at a Meeting of said Council on the day of , 2012. P559 Executed this day of 2012 at Rancho Cucamonga, California. Janice Reynolds, City Clerk P560 MEMORANDUM OF UNDERSTANDING CITY OF RANCHO CUCAMONGA AND SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION 2012-2014 P56t MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AND THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION (SBPEA) SECTION 1: RECOGNITION The City of Rancho Cucamonga recognizes the San Bernardino Public Employees Association (SBPEA) as the recognized employee organization for City employees in the Maintenance Bargaining Unit, comprised of the following classifications: Maintenance Worker Lead Maintenance Worker Mechanic Equipment Operator Signal and Lighting Coordinator Inventory Specialist SECTION 2: COST OF LIVING ADJUSTMENT Senior Maintenance Worker Maintenance Coordinator Lead Mechanic Electrician Signal and Lighting Technician There shall be no cost of living adjustment (0%) for the term of this agreement. SECTION 3: SALARY STRUCTURE All employees will be assigned to salary ranges which are no less than 20% (40 salary code steps) below the control point and no more than 5% (10 salary code steps) above the control point. Actual salary within the range is determined by pertormance, achievement of goals and objectives, or for recent appointments, growth within the position. SECTION 4: SALARY SURVEY The City shall conduct a salary survey of labor market cities approximately six months before the start of new labor negotiations for the next MOU. SECTION 5: LIFE INSURANCE The City provides $30,000.00 base coverage of life insurance for all employees. Employees who want to purchase additional life insurance coverage with personal funds may do so at the City's group rate. SECTION 6: HEALTH INSURANCE A. EMPLOYEES HIRED BEFORE JULY 1.1994 The City shall provide employee and family health insurance for all existing full- time continuous salaried employees within the bargaining group, subject to the limitation that no such monthly funding by the City shall exceed the following: $995.60 P562 B. EMPLOYEES HIRED AFTER JULY 1.1994 The City shall provide employee and family health insurance for all full-time continuous employees within the bargaining group who have been hired on or after July 1, 1994, subject to the limitation that no such monthly funding by the City shall exceed the following: $700.00 C. CASH IN-LIEU PAYMENT Effective July 1, 2010 represented employees who waive coverage under a City paid medical insurance plan shall be eligible for a cash in-lieu payment in the amount of $200 per month for single coverage or $300 per month for family coverage. To be eligible an employee must provide proof of other medical insurance coverage and must provide a signed waiver. D. Reooener In July, 2013, the parties agree that negotiations will reopen for the purposes of discussing medical plans, benefit contributions and collapsing of the two (2) tiers. Any new terms would be subject to mutual agreement. If no agreement is reached to make changes, then the contributions as described in Sections A through C above will remain in effect for the duration of this MOU. SECTION 7: RETIREE MEDICAL Subject to the conditions stated below, effective upon a service or disability retirement from City service at or beyond age 55 with 10 consecutive years of City service at the time of retirement, retirees shall be eligible to 100% personally fund, without any City contribution, participation in a group health insurance program(s) which is making group health insurance available to the City's retirees. It is agreed and acknowledged by the parties to this MOU that no representation is or can be made by the City, that such group retiree health insurance is available, or if available, will remain available for any specific future period of time. If no such group health insurance is reasonably available, or if the private carrier(s) terminates such coverage as to the retiree group or any individual group member, the City shall have no obligation/duty to self-fund or otherwise provide insurance or replacement insurance. All premiums for the retiree and/or eligible dependents shall be borne by the retiree. The City shall advance and submit the necessary premiums to the carrier(s), subject to the retiree reimbursing the City no later than 30 calendar days after City payment of the premium. Failure to timely reimburse the City shall result in no further premium payments being made by the City, resulting in termination of insurance coverage. The City's duty to advance said premiums shall terminate at age 65 of the retiree, regardless of whether or not the retiree is eligible for Medicare. 2 P563 City shall advise the group carrier of the insured's status as a retiree. Coverage eligibility shall then be solely determined by the group insurance carrier(s). It is likely that premium rates for retirees and/or dependents shall be greater than rates for employees. Regardless, retirees shall pay 100% of said rates. If at any time, it is determined by any group health insurance carrier that the City is prohibited from seeking premium reimbursement from a retiree, City affiliation and retiree enrollment in said group insurance plan shall immediately terminate upon rendering of the insurance carrier's decision. In such case, no retiree shall seek reimbursement from the City for any prior premiums paid by the retiree to the City as and for premium reimbursement. SECTION 8: DENTAL INSURANCE The City shall provide a dental insurance plan for all full-time continuous salaried employees within the bargaining unit. The City agrees to average the cost of dental insurance for all full time continuous salaried employees within the bargaining unit . SECTION 9: OPTICAL INSURANCE The City shall provide an optical ihsurance plan for all full-time continuous salaried employees within the bargaining unit. The City agrees to average the cost of optical insurance for all full time continuous salaried employees within the bargaining unit. SECTION 10: PREMIUM ONLY PLAN UNDER SECTION 125 A. The City has implemented a Section 125 (premium only plan) that allows pre-tax payroll deductions for employee's contributions for health benefits. B. The City agrees to provide technical assistance (such as automatic payroll deduction, etc.) in the event employees within the bargaining unit decide to expand this benefit from a "premium only plan" to a "flexible spending account" provided that those participating pay all costs incurred in expanding and maintaining this program. SECTION 11: RETIREE HEALTH SAVINGS ACCOUNT The City agrees that it shall provide information and allow to be established and implemented, at no cost to the City, a voluntary form of Retiree Health Savings Account. Actual establishment of the Health Savings Account requires the approval ofthe bargaining unit. SECTION 12: BEREAVEMENT LEAVE When a death occurs in the family of a full time employee, the employee shall be granted up to five (5) bereavement leave days with pay. A death certificate or other acceptable P564 4 evidence may be required by the City Manager or designee before leave is allowed. Family members are defined as follows: employee's spouse or domestic partner, employee's parents, employee's grandparents, employee's children, employee's siblings, or employee's grandchildren, employee's spouse or domestic partner's parents, employee's spouse or domestic partner's grandparents, brother-in-law, sister-in-law, employee's spouse or domestic partner's children, employee's spouses grandchildren, or a blood relative residing with employee. The City Manager or designee shall approve such bereavement leave. (References to domestic partner refer to registered domestic partners, as defined by California Family Code Section 297). SECTION 13: PERSONAL LEAVE Employees within the bargaining unit can use up to 20 hours of accrued sick leave, vacation, administrative leave or holiday time as personal leave. These 20 hours can be used incrementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for situations requiring the employee's attention and needs to be cleared with their supervisor when using this time. Personal leave can be taken after six months service. SECTION 14: VACATION All full-time employees within the bargaining unit shall, with continuous service, accrue working hours of vacation monthly according to the following schedule. Vacation can be taken after six months service. Length of Service Hours Accrued Annual Hours In Years Per Pay Period Accrued 1 3.077 80 2 3.461 90 3 3.846 100 4 4.230 110 5 4.615 120 6-8 5.000 130 9 5.384 140 10 5.769 150 11-13 6.153 160 14 6.538 170 15+ 6.923 180 SECTION 1$: VACATION BUYBACK Annually, at the employee's written request, the City will "buy back," the total cash value of up to 120 hours of previously earned vacation leave. This buy back shall occur twice annually, in April and November. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buy back time. Employees who wish to sell back vacation must request payment of not less than 20 hours and not more than 120 hours in a calendar year. P565 SECTION 18: SICK LEAVE Sick leave can be taken after six months service. All full-time employees within the bargaining unit shall, with continuous service, accrue 120 hours of sick leave annually. SECTION 17: SICK LEAVE BUYBACK Employees within the bargaining unit who terminate their city employment after 5 years of continuous service and have at least 50% of five years' sick leave accrued on the books upon termination can sell 120 hours back to the City. If all City non-safety employee groups agree to a PERS contract modification, and provided there are no one-time or additional on-going implementation costs to the City, the City of Rancho Cucamonga will amend its PERS retirement contracts to allow employees, upon retirement and at their option, to apply up to 120 hours unused accumulated sick leave toward service credit for retirement, in accordance with the Public Employees Retirement Law. Use of the 120 hours toward service credit for retirement will abrogate the employee's ability to receive compensation for the 120 hours. SECTION 18: Houoavs The City Offices shall observe the following fourteen (14) holidays. All full time continuous salaried employees within the bargaining unit shall be compensated at their regular rate for these days. ~'~ July 4 I21 First Monday of September 131 November 11 I4~ Last Thursday of November lei Day following Thanksgiving IBS December 24 ~'~ December 25 le) January 1 (e) Third Monday of January I10I Third Monday of February ~"~ Last Monday of May Independence Day Labor Day Veteran's Day Thanksgiving Day Day preceding Christmas Christmas Day New Years Day Martin Luther King's Birthday President's Day Memorial Day cizl Three discretionary days may be taken by an employee at his/her convenience after six months service subject to approval of the department head. Days may not be carried over from one fiscal year to the next. 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. When a holiday combination occurs (Thanksgiving, Christmas, etc) where two consecutive days are holidays and it would result in the City Hall P566 being open to serve the public only 2 days during the week, only one of the holidays will be observed and the other holiday will become a floating holiday. For example, for Thanksgiving, Thursday will be observed as the regular holiday; however Friday will become a floating holiday to be used at a later date. For Christmas, Wednesday will be observed as the regular holiday; however Tuesday (the day preceding Christmas) will become a floating holiday to be used at a later date. In the instance of Thanksgiving, Christmas, or New Years, employees will have until June 30 to use those floating holidays accrued between Thanksgiving and New Years. Also, those days will not accrue as floating holidays until the actual holiday has occurred. Each year the City will designate which days will be observed and which are floating holidays. Employees within the bargaining unit who are eligible to bank a holiday have until June 30 (end of fiscal year) to use the banked holiday earned from July 1 through April 30. Any holiday banked in May and June, employees have until September 30 to use the banked holiday. SECTION 19: HOLIDAY TIME The City agrees that employees within the bargaining unit who are assigned to work on a holiday, whether or not their regular shift assignment requires they work that day, are eligible for pay at time and one-half for working that day. This time and one-half may be taken as compensation or put in a compensatory time off bank (in effect, compensating at double time and one-half). That rate of compensation is tallied as follows: the ten (10) hours compensation for the holiday, plus compensation at time and one-half for the hours actually worked. This payment at time and one-half abrogates the employee's right to that holiday. SECTION 20: PREMIUM HOLIDAY COMPENSATION Bargaining unit employees required as part of the regular work assignment to work on Christmas Day, New Years Day, Independence Day or Thanksgiving Day, are allowed to observe the holiday on another day. Additionally, these employees who work on the aforementioned designated holidays may select to receive compensation on that holiday at time and one-half for the ten hour shift or take a second holiday as time off at a later date. SECTION 21: NATAL AND ADOPTION LEAVE A. WITH PAY Employees within the bargaining unit 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. WITHOUT PAY The City shall provide employees within the bargaining unit 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"; 6 P567 California Government Code Section 12945), if applicable. The City'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. SECTION 22: WORKERS COMPENSATION LEAVE Any employee within the bargaining unit covered herein who is receiving disability payments under the "Workers Compensation Act of California" for on-the-job injuries sustained while engaged in the performance of duties of any such City position, shall receive from the City during the first three months of such disability absence, payments in an amount equal to the difference between the disability payments received under Workers Compensation Act and the employee's full salary. Such payments by the City should be made without any deduction from accrued sick leave benefits. The City's obligation for such payments shall commence on the first (15~) day of such disability absence. In the event the employee's disability absence should exceed three months, an employee shall be allowed to supplement the Workers Compensation benefit received under State law with available accrued sick leave, accrued vacation leave, accrued compensatory time. The total number of leave hours, along with the Workers Compensation benefit, shall not exceed the employee's base pay for each day of the leave. For this purpose, accrued leave hours can only be used in one-hour increments. SECTION 23: MILITARY LEAVE Employees within the bargaining unit required to serve military leave will be compensated pursuant to the Military and Veterans Code. To qualify for compensation the military orders must be submitted to the supervisor prior to their tour of duty and must be attached to the timecard for that pay period. SECTION 24: MILITARY SERVICE BUY BACK Employees within the bargaining unit have the option for military service buy back at the employee's expense. SECTION 25: OVERTIME-MAINTENANCE BARGAINING UNIT The City agrees that employees within the bargaining unit who are, due to health and safety reasons, sent home to rest and to be available to work additional hours as a result of a storm or impending emergency situation and are not subsequently recalled to work, will be compensated for the hours not worked in that shift, due to them having been sent home, to bring the total hours to 10 worked in that shift. Employees within the bargaining unit who are subsequently recalled to work the storm or emergency situation will work no more than 12 consecutive hours, due to health and safety reasons. Any hours worked in excess of 10 in that 12 hour shift will be paid at time and one-half, regardless of the total number of compensated hours for that work week. Employees within the bargaining unit, who have already worked forty (40) hours in a work week, may request time off in order to avoid payment of overtime. It is at the discretion of P568 the supervisor to approve that request. SECTION 26: ON CALL PAY Employees within the bargaining unit required to be on call shall be compensated at the rate of $235.00 per week. SECTION 27: SAFETY FOOTWEAR The City will provide up to $225.00 annually toward the purchase and/or replacement of safety footwear as needed, at a city designated vendor for employees required to wear safety footwear in the performance of their job duties. SECTION 28: RETIREMENT BENEFIT Represented employees shall be members of the California Public Employees Retirement System (CaIPERS) and shall be provided the benefits as described below: A. Employees Hired Before September 1, 2010 § 21354.4 2.5% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Yr Final Compensation City pays the normal eight percent (8%) CaIPERS member contribution per Resolution 11-063. Effective 7/1/13, employees shall pay one percentage point (1%) of the normal CaIPERS employer contribution. B. Employees Hired Between September 1, 2010 and July 3, 2011 § 21354.4 2.5% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Yr Final Compensation City pays seven percent (7%) of the normal CaIPERS member contribution; employee pays one percentage point (1 %) of the CaIPERS member contribution per Resolution 11-063. C. Employees Hired on or After July 4, 2011 § 21354 2% @ 55 Full Formula § 21574 4th Level 1959 Survivor § 20037 3 Yr Final Compensation City pays six percent (6%) of the normal CaIPERS member contribution; employee pays one percentage point (1%) of the CaIPERS member contribution per Resolution 11-063. It is understood that all contributions paid by the employee as described above shall be calculated based upon the full base salary of the employee, plus any additional P569 PERSable compensation, and any Employer Paid Member Contributions (EPMC). City shall adopt a resolution providing that all employee CaIPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. ' D. Impacts of Legislative Pension Changes: If, subsequent to the adoption of this MOU, a State measure becomes law which requires employees to pay one percentage point (1 %) or more of their CaIPERS retirement Employer or Employee Paid Member Contribution, the existing one percentage point (1 %) payment of the employer or employee share being paid by employees would be eliminated on the effective date of such measure. Upon a request from the bargaining unit, the parties will reopen negotiations solely for the purposes of considering new terms related to the payment amount and method of CaIPERS retirement contributions. Any new terms would be subject to mutual agreement. SECTION 29: TUITION REIMBURSEMENT FOR APPROVED COLLEGE AND UNIVERSITY COURSES Effective July 1, 2006, (July 1 through and including the following June 30) reimbursements by the City 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 employee's department head or his designee that all of the following conditions precedent exists: A. Expenses shall be incurred as regards coursework undertaken at a college or university that is licensed/accredited by the State of California. B. The applicant for reimbursement shall represent to the Personnel Department documentation prepared by the accredited/licensed college or university which evidences the applicant's receipt of a grade of "C" or "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 City's 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). C. Eligibility for reimbursement for said expenses shall be confined to either: 1) those courses that in and of themselves consist of curriculum which is predominately related to the development of skills reasonably anticipated by the City 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 that is job-related as set forth in this section C, to those classes which must be completed as a condition precedent to successful completion of the course of study in the selected major. D. Eligibility for reimbursement upon completion of coursework shall be predicated upon the employee's department head or his designee, making a written determination prior to the affected employee's enrollment in the course(s) for which P570 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 Department Head or his designee in such regard shall be final. E. 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 Personnel Department and shall evidence. each expenditure for which reimbursement is sought. SECTION 30: 4/10 WORK WEEK The City of Rancho Cucamonga, City Hall, operates on a 4/10 work week, hours lam to 6pm, Monday through Thursday. Bargaining Unit employees generally work from Gam to 4:30pm with ahalf-hour lunch. Actual days and times of work vary based on the hours of operation at various facilities employees are assigned to. SECTION 31: CARPOOL PROGRAM . The City has implemented awell-defined, equitable, carpool program that eliminated the previously provided time-off incentive with a financial incentive. The carpool program is open to all full time regular employees. Participation is voluntary and employees interested in participating shall file a Rideshare Application Agreement and comply with the requirements of the program. The financial incentive for the program is $2.00 per day for every day that the employee carpools. In addition to the daily financial incentive, the City provides a monthly Rideshare Drawing for all carpool program participants that includes a financial prize for the winner. If all employee groups agree to modify the Rideshare Drawing to an end-of-the-year drawing, the City hereby agrees to increase the financial incentive for SBPEA Bargaining Unit employees by an additional $.10 per day. SECTION 32: BI-LINGUAL PAv Employees within the bargaining unit who qualify for bi-lingual pay will be provided at $50.00 per month. SECTION 33: USE OF BULLETIN BOARDS The City will furnish a portion of existing bulletin board space, located in bargaining unit break areas where such bulletin boards currently exist for SBPEA notices. Such space will be no less than 18" x 24". If insufficient bulletin board space exists in a bargaining unit work or break area, the SBPEA may, after receiving approval in writing from the City, put up a bulletin board not to exceed 18" x 24" depending on available space. Bulletin boards shall only be used for the following notices: - Scheduled SBPEA meetings, agenda and minutes. - Information on SBPEA elections and the results. - Information regarding SBPEA social, recreational and related news bulletins. - Reports of official business of SBPEA, including negotiations, reports of committees or the Board of Directors. ]0 P571 City equipment, materials, or supplies shall not be used for the preparation, reproduction, or distribution of notices, nor shall such notices be prepared by City employees during their regular work time. Notices that are posted, distributed or placed in an employee's City mailbox shall not be obscene, defamatory or of a political nature. All notices to be posted must be dated and signed by an authorized representative of SBPEA. SECTION 34: ACCESS TO WORK LOCATIONS The parties recognize and agree that in order to maintain good employee relations; it is necessary for Labor Relations Representatives and designated Shop Stewards of SBPEA to confer with bargaining unit employees during working hours. Therefore, SBPEA Labor Relations Representatives or Shop Stewards will be granted access to work locations during regular working hours to investigate and process grievances or appeals. SBPEA Labor Relations Representatives or Shop Stewards shall be granted access upon obtaining advance authorization from the designated management representative prior to entering a work location and after advising the City at least one business day in advance of the requested access, of the general nature ofthe business. The designated management representative may deny access or terminate access to work locations if, in theirjudgment, it is deemed that the visit would interfere with the efficiency, safety, or security of City operations. The designated management representative shall not unreasonably withhold timely access to work locations. The City shall ensure that there is at all times someone designated who shall have full authority to approve access. If a request is denied, the designated management representative shall establish a mutually agreeable time for access to the employee. SBPEA Labor Relations Representatives or Shop Stewards granted access to work locations shall limit such visits to a reasonable period of time, taking into consideration the nature'of the grievance or appeal. The City shall not unreasonably interfere with SBPEA's access right to work locations and any reasonable denial of access shall not be subject to the grievance procedure. SECTION 35: Dues DEDUCTION SBPEA membership dues and insurance premiums for plans sponsored by SBPEA, provided such plans are not intended to replace City provided health plans, shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization, on a form approved by the City, requesting that such deduction be made. Remittance of the aggregate amount of all membership dues deducted from the pay warrants of employees covered hereby shall be made to SBPEA on a regular basis consistent with the City's regular pay-periods. SBPEA dues shall be deducted in an amount per bi-weekly pay period authorized by the SBPEA Board of Directors. The City shall not be liable to SBPEA, employees, or any party by reason of the requirements of this Article for the remittance of any sum other than those constituting actual deductions made from employee wages earned. SBPEA shall hold the City harmless for any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by the City under this Article. SECTION 36: UsE of CITY RESOURCES SBPEA may be granted permission to use any City facilities accessible to the general public for meeting purposes, during the regular hours such space is accessible to the public, provided space for such meetings can be made available without interfering with 11 P572 City needs and is otherwise not reserved by any other groups or individuals. SBPEA may also be permitted to use the City Council Chambers, during regular business hours, for SBPEA meetings, provided the City Council Chambers is not otherwise reserved. Permission to use City facilities must be obtained by SBPEA from the appropriate management representative. SBPEA shall be held fully responsible for any damages to, and the security of, any City facilities that are used by SBPEA. SECTION 37: ACTING PAY/OuT OF Class PAY The City agrees to formally implement as part of its Personnel Rules and Regulations, a formal policy regarding Acting Pay/Out of Class. Pay that substantially complies with existing and past practice in this regard, except that Acting Pay/Out of Class Pay will take effect for SBPEA bargaining unit employees who assume responsibilities of a higher level classification after 16 or more working days at the higher level classification. SECTION 38: PARITY PROVISION If, during the term of this Memorandum the City provides base salary increases to other City/Fire District employees in amounts in excess of that provided to Maintenance bargaining unit employees pursuant to this Memorandum, then said additional base salary increases shall be implemented as to Maintenance bargaining unit employees in the payroll period(s) for which said base salary increases were made effective for other City/Fire District employees. SECTION 39: FURLOUGHS Fiscal Year 2012/13 Employees will be required to take thirty-five (35) hours of unpaid furlough during Fiscal Year 2012/13. The number of furlough days will depend on the employee's regular work schedule. Employees will have four options fo complete the thirty-five (35) hour furlough as outlined below, with the final, irrevocable decision to be made in writing. Once the City has received in writing the decision by all employees regarding their preferred method of meeting their furlough obligation, the City will provide a written Furlough Implementation Schedule to the affected departments and to the negotiation team for each affected employee group. Furlough Options: Vacation Hours -The employee may elect to "give back" thirty-five (35) hours from their accrued vacation leave bank to the City. A. If an employee opts to give back vacation leave hours but does not have all thirty- five (35) hours available, the City will permit the employee to accumulate the additional hours through January 31, 2013. If the employee has not accumulated sufficient vacation hours by January 31, 2013, then the employee must take the balance of the thirty-five (35) hours as unpaid furlough hours during the period February 2013 through July 31, 2013. 12 P573 B. Probationary employees who complete probation prior to May 31, 2013 and have elected, in advance, to have thirty-five (35) hours deducted from their accrued vacation balance, shall have the deduction made at the conclusion of probation. If the employee does not complete probation prior to May 31, 2013, aone-time exception shall be made to allow the deduction of the accrued leave by June 30, 2013 if they so choose. If a probationary employee has not accrued thirty-five (35 hours as of May 31, 2013, then the employee must take the balance of the thirty- five (35) hours as unpaid furlough hours by July 31, 2013. Any probationary employee who did not chose to deduct accrued leave shall take the balance of the thirty-five (35) hours as unpaid furlough hours during the period February 2013 through July 31, 2013. Unpaid Furlough Hours - An employee may elect to take thirty-five (35) unpaid furlough hours during the period July 1, 2012 through July 31, 2013. Furlough hours may be scheduled in full ten (10) hour increments or five (5) hour increments for those employees who work ten (10) hour schedules. However, a maximum of fifteen (15) hours can be taken in five (5) hour increments. Furlough hours may generally be scheduled in full eight (8) hour increments or four (4) hour increments for those employees who work eight (8) hour schedules. However, a maximum of twelve (12) hours can be taken in four (4) hour increments. Because employees cannot achieve the full 35 hours of furlough in a combination of eight (8) and/or four (4) hour increments, those employees working eight hour schedules must furlough an additional three (3) hours during F/Y 2012/13. • Holiday Closure - An employee may elect to take unpaid furlough hours during the holiday closure described in Section 40 and choose either of the preceding options to total thirty-five (35) hours of furlough. If an employee furloughs during the holiday closure period but is subsequently called in to work, that day shall not be counted toward the employee's required thirty-five (35) hours of furlough. Furlough Spread Over 26 Pay Periods - As an option to spread the furlough obligation over the full 26 pay periods in the 2012/13 fiscal year, employees may elect to furlough 1.35 hours per pay period. These employees will work their normal (80 hour) work period (less any regular holiday, vacation, sick or other leave) but will note 1.35 hours of furlough on each time sheet which will result in payment for 78.65 hours of non-furlough time per 80 hour pay period. Fiscal Year 2013/14 Furloughs will be eliminated completely in the 2013/14 fiscal year. SECTION 40: HOLIDAY FACILITY CLOSURE If agreed to by all City labor groups, in addition to the regular scheduled City holidays of December 24 and 25, 2012, and January 1, 2013, City Hall and the City Yard shall close December 26, 27 and 31, 2012. 13 P574 In addition to the regular scheduled City holidays of December 24 and 25, 2013 and January 1, 2014, City Hall and the City Yard shall close on December 23, 26, 30 and 31, 2013 and January 2, 2014. Closure dates for the Libraries, the Cultural Center and other Community Services facilities shall be determined by the City in order to minimize the impact on public services. During these closures employees may take paid leave from holiday, management leave, comp time, vacation accruals, unpaid leave or furlough hours. SECTION 41: ADOPTION of MOU This memorandum, between representatives of the City and the San Bernardino Public Employees Association, was adopted on June 20, 2012. SECTION 42: EFFECTIVE DATE The provisions of this memorandum of understanding are effective July 1, 2012 and shall continue for atwo-year period, ending June 30, 2014. SBPEA Dated Michael Moore Labor Relations Representative Don Ballard. Maintenance Worker Richard Favela Jr.. Lead Maint. Worker Jerry Sandoval, Maintenance Worker Brett Lance, Lead Maintenance Worker Rudy Linares, Sr. Maintenance Worker C~ John R. Gillison, City Manager Lori Sassoon, Deputy City Manager/ Administrative Services Chris Paxton, Human Resources Director Fabian Villenas, Principal Analyst 14 STAFF REPORT RANCHO CUCAMONGA POLICE DEPARTMENT Date: June 20, 2012 To: Mayor and Members of the City Cou cil John R. Gillison, City Manager From: Mike Newcombe, Police Chief By: Frank Montanez, Police Sergeant P575 RANCHO C,UCAMONGA Subject: APPROVAL TO TRANSFER A CITY VEHICLE TO THE COUNTY OF SAN BERNARDINO FOR POLICE SERVICES RECOMMENDATION Staff recommends that the city council approve the transfer of a city vehicle to facilitate its use by the County of San Bernardino in the operation of the police department's Community Services Division. BACKGROUND ANALYSIS The city recently purchased a Hybrid 4 door 2012 Chevrolet Tahoe VIN# iGNSCDEJ5CR293152 utilizing AQMD monies. In order for the vehicle to be used by county personnel, the vehicle must be transferred to the County of San Bernardino and will be available for use by the police department. Responsibility for liability and maintenance will be the same as that provided for other vehicles within the police department's fleet. When the useful life of the vehicle ends, the title will be transferred back to the city of Rancho Cucamonga. Respectfully submitted, /r Mike Newcombe Chief of Police STAFF REPORT ADMINISTR~ITIVE SERVICES DEPARTMENT Date: June 20, 2012 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services By: Chris Paxton, Human Resources Director P576 RANCHO CUCAMONGA Subject: APPROVAL OF A RESOLUTION PROVIDING FOR THE PRE-TAX TREATMENT OF COST-SHARING CONTRIBUTIONS TO PERS Staff recommends the City Council adopt the attached resolution providing for the treatment of employee cost-sharing contributions to the California Public Employee Retirement System (PERS) as pre-tax contributions for income tax purposes. Staff and the members of the, various City employee groups have recently met and agreed upon Memorandum of Understandirig (MOU) for the period 2012 - 2014. One of the concessions agreed to by the bargaining groups is that those groups will begin paying 1% of the employer portion of contributions to PERS beginning in July 1, 2013. In addition, the City Manager's employment agreement was recently amended, at his recommendation, to begin paying the same 1 % effective July 1, 2012. The City has previously adopted a resolution (Resolution 11-064) to comply with Section 414(h)(2) of the Internal Revenue Code which provides that any payroll deductions made to pay for member contributions to PERS shall be treated as pre-tax contributions for income tax purposes. This resolution will designate as employee contributions those amounts deducted from employee compensation to pay for the recently agreed to employer contributions to PERS ("cost-sharing contributions"), and provide that such contributions shall be treated as pre-tax for income tax purposes in accordance with the Internal Revenue Code. This concession was one of several agreed to by the labor groups in order to provide ongoing labor cost savings for the City. Attachment 1. Resolution P577 RESOLUTION NO. 2012. 100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUCAMONGA, STATE OF CALIFORNIA, PROVIDING FOR THE PRE-TAX TREATMENT OF COST-SHARING CONTRIBUTIONS TO PERS UNDER SECTION 414(H)(2) OF THE INTERNAL REVENUE CODE WHEREAS, the City of Rancho Cucamonga, California, provides retirement benefits to eligible employees under the California Public Employees' Retirement System (PERS); WHEREAS, benefits under PERS are funded by "member contributions" and "employer contributions," at rates determined by PERS in accordance with the laws governing PERS and with the agreement governing the City's participation in PERS; WHEREAS, the City may, to the extent permitted by the PERS laws and the City's memorandums of understanding or similar agreements with employees, deduct employees' compensation to pay member contributions or employer contributions, or both, to PERS; WHEREAS, the City previously adopted a resolution providing, in accordance with section 414(h)(2) of the Internal Revenue Code (Code), for the "pick up" of amounts deducted from employees' compensation to pay member contributions to PERS, in order to qualify the contributions as pre-tax for income-tax purposes; and WHEREAS, the City wishes to adopt this resolution in order to (1) designate amounts deducted from employees' compensation to pay employer contributions to PERS ("cost-sharing contributions") as employee contributions, and (2) provide for the "pick up" of cost-sharing contributions in accordance with section 414(h)(2) of the Code, in order to qualify the contributions as pre-tax for income-tax purposes. NOW, THEREFORE, BE IT RESOLVED that: SECTION 1. All cost-sharing contributions made by City employees are hereby designated as employee contributions. SECTION 2. The City hereby picks up all cost-sharing contributions in accordance with section 414(h)(2) of the Code, so that the contributions, even though designated as employee contributions and deducted from employees' compensation, will be treated as employer contributions for tax purposes. SECTION 3. Employees will not have the option of choosing, directly or indirectly, to receive the contributions instead of having them paid by the City to PERS. SECTION 4. The City will pay to PERS the contributions designated as employee contributions from the same source of funds as used in paying salary. SECTION 5. Contributions picked up under this resolution will be tax deferred to the extent provided under the Code, Treasury Regulations, and other guidance issued thereunder as described in a legal opinion on file with the City Clerk. SECTION 6. This resolution applies to all contributions made on or after July 1, 2012. P578 SECTION 7. Nothing in this resolution affects or governs PERS's methods for characterizing or accounting for amounts deducted from employees' compensation for contribution to PERS. Those methods are governed solely by California law and PERS's policies. PASSED, APPROVED, AND ADOPTED this AYES: NOES: ABSENT: ABSTAINED: day of June, 2012. L. Dennis Michael, 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, California, at a Regular Meeting of said City Council held on the _ day of June, 2012. Executed this _ day of June, 2012, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P579 STAFF REPORT CObliIfUNITY SERVICES DEPARTDIENT Date: June 20, 2012 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director By: Karen McGuire-Emery, Senior Park Planner Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION. OF A CONTRACT IN THE AMOUNT OF $205,538, TO THE LOWEST RESPONSIVE BIDDER, MG ENTERPRISES, AND AUTHORIZE THE EXPENDITURE OF 205,538, PLUS A 10% CONTINGENCY IN THE AMOUNT OF $20,554; AND AUTHORIZE THE APPROPRIATION AND AWARD OF $50,000 (COUNTY GRANT) FROM FUND 1272401-5850; RECEIVE COMMUNITY CONTRIBUTIONS IN THE AMOUNT OF $88,272 INTO FUND 272 AND APPROPRIATE AND AWARD THESE FUNDS FOR THE FREEDOM COURTYARD PROJECT EXPENDITURE FROM FUND 272; AND AWARD $25,000 FROM FUND 120305-565011802120-6314 (PARK DEVELOPMENT); $26,480 FROM FUND 18882000-2313 (PARK TRUST FUND); AND $38,340 FROM FUND 1882000-2354 (PARK TRUST FUND). RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of a contract in the amount of $205,538 to the lowest responsive bidder, MG Enterprises and authorize the expenditure of a 10% contingency, in the amount of $20,554, and authorize the appropriation and award of $50,000 (County Grant) from Fund 1272401-5650; receive Community Contributions in the amount of .$88,272 into Fund 272 and appropriate and award these funds for the Freedom Courtyard Project expenditure from Fund 272; and award $25,000 from Fund 120305- 5650/1802120-6314 (Park Development); $26,480 from Fund 18882000-2313 (Park Trust Fund); and $36,340 from Fund 1882000-2354 (Park Trust Fund). BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on May 15, 2012, for the subject project. The Engineer's estimate was $215,000. 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 this contract will provide for the construction of electrical and drainage infrastructure; walkways; military flags and fountain improvements; the brick paver foundation; as,well as concrete footings for the sculpture and granite slabs that will be provided by others outside of this contract. The contract documents call for sixty (60) working days to complete this portion of the construction. P580 CITY COUNCIL STAFF REPORT RE: AWARD I+RGIiDOM COUR'17ARD PROJGCI' JUNE 2Q 2012 PAGE 2 Once this portion of the project has been completed, the sculpture piece, currently being completed by artist Tim Schmalz; the granite monument slabs, recognizing the five military branches; and the brick pavers, purchased by the community as well as corporate donors, will be installed, along with the landscape materials by community volunteers. Funds for the development of this project come from a variety of sources, including the Park Development Fund, funds donated from the County of San Bernardino to the City of Rancho Cucamonga, the Park Trust Fund, and from the community's fundraising efforts as an affiliate organization of the Rancho Cucamonga Community & Arts Foundation. 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J O Z K O O Q O Q U z O w r n K m W W ~ w Z U ~ w ~ Y ~ O 00 K al Z 0 Q K Z Z OO W ti O: U~ U H J O< U > 3r rc E ~~ a z o Ww f F 3E oz z v~ m ~ ~ m O~ ~ O N O Kw U W K ^ W K W pK J 2 J U W FU O ?i ~~Am11 f> ~p Z K O Z O O J U W= C ry W r W j O J O ~ ~ y ~ W ^ 0 ~ Q W a ~rc m g ~~ z~ !~ w" 0 2 U 2 b w Z r ~ W w (] r . Y O J 2~ O m U o mc0.1 cO.~ cOaE n E .°o o l°va W ion J f q J ~ Q W J J ~ p N p ^ N ~ ~ N p th N p ° N N O N Ip h ~ z P582 N O N O P583 STAFF REPORT _ PL.,INNING DEP~1RTi~tENT RANCHO CUCAMONGA Date: June 20, 2012 To: Mayor and Members of the City Council From: Jeffrey A. Bloom, Interim Planning Director By: Donald Granger, Senior Planner Subject: .ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN SUBAREA 18 TEXT AMENDMENT DRC2010-00685 -CITY OF RANCHO CUCAMONGA - A request to amend Section 5.3.2. of the Industrial Area Specific Plan Subarea 18 to add language requiring compliance with the building height limits in the LA/Ontario International Airport Land Use Compatibility Plan Related files: LA/Ontario Airport Land Use Compatibility Plan DRC2010-00157 and Development Code Amendment DRC2010-00984. Staff has prepared a Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends that the City Council approve the second reading of Ordinance No. 854 as acted upon by the City Council at a public hearing at the June 6, 2012, City Council meeting, thereby, approving Industrial Area Specific Plan Amendment DRC2010-00685. BACKGROUND: State law requires that a City's land use documents be consistent with adopted Airport Compatibility Plans (Government Code Section 65302.3). With the recent adoption of the LA/ONT Airport Land Use Compatibility Plan (ALUCP) at the June 6, 2012, City Council Meeting, this involves three City documents: The General Plan, the Industrial Area Specific Plan (IASP) Subarea 18, and the Industrial Districts Section of the Development Code (Section 17.30). Planning staff was able to work with the City of Ontario Planning staff during 2009 to 2010 and incorporate discussion, policies, and implementation actions for LA/ONT ALUCP into the City's 2010 General Plan; therefore, no modification to the General Plan is necessary. The proposed text amendment to the IASP Subarea 18 will provide this document with language ensuring compatibility with the LA/ONT ALUCP. The forthcoming Development Code update includes text in Article III requiring compliance with the LA/ONT ALUCP; therefore, no action is required at this time to amend the current Development Code. On June 6, 2012, staff provided an oral presentation at a public hearing to the City Council detailing the contents of the LA/ONT ALUCP and IASP Subarea 18 Specific Plan Text Amendment DRC2010-00685 (Ordinance 854). Following the public hearing and discussion, the City Council adopted the LA/ONT through Resolution, entered into a Cooperative Agreement to establish the Ontario International Airport Inter Agency Collaborative and approved the first reading of Ordinance 854 for IASP Subarea 18 Specific Plan Text P584 CITY COUNCIL STAFF REPORT DRC2010-00685 - CITY OF RANCHO CUCAMONGA June 20, 2012 Page 2 Amendment DRC2010-00685. The Subarea 18 and text amendment is necessary to achieve consistency and facilitate implementation of the 2011 LA/ONT ALUCP policies. Staff finds the proposed Subarea 18 text amendment to be an appropriate and an effective means for implementing the goals and objectives of the City's 2010 General Plan by implementing Policies PS-g.1 through PS-g.4 and achieving consistency among the City's land use documents that are within the ONT Airport Influence Area. Respectfully submitted, ~,~~ r A. oom nterim Planning Director JAB:DG/ge P585 ORDINANCE NO. 854 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN (IASP) SUBAREA 18 AMENDMENT DRC2010-00685, AMENDING SECTION 5.3.2 OF THE IASP SUBAREA 18 BY ADDING LANGUAGE REQUIRING COMPLIANCE WITH BUILDING HEIGHT LIMITS IN THE LA/ONTARIO INTERNATIONAL AIRPORT LAND USE COMPATIBILITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals 1. The City of Rancho Cucamonga filed an application for Industrial Area Specific Plan (IASP) Subarea 18 Amendment DRC2010-00685, a request to amend Section 5.3.2 of the IASP Subarea 18, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject amendment is referred to as "the application." 2. The City of Ontario's Resolution No. 95-34 established the City of Ontario as the responsible agency for land use compatibility planning for the LA/ONT International Airport. 3. On April 19, 2011, the Ontario City Council adopted a Negative Declaration and approved the 2011 LA/ONT Airport Land Use Compatibility Plan (ALUCP) by adopting Ordinance No. 2935. 4. The City of Rancho Cucamonga is within the Airport Influence Area (AIA) that will be affected by aircraft operations as described in the Simplified Airport Diagram for the LA/Ontario International Airport. 5. State law requires that General Plans and Specific Plans must be consistent with adopted airport compatibility plans (Government Code Section 65302.3). Following adoption of the LA/ONT ALUCP, each jurisdiction within the AIA must achieve vertical consistency with its land use policy documents. 6. On January 11, 2012, the Planning Commission approved the initiation of IASP Subarea 18 Amendment DRC2010-00685. 7. On May 9, 2012, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the above referenced Industrial Area Specific Plan Amendment DRC2010-00685 and following the conclusion thereof adopted its Resolution No. 12-22 recommending that the City Council of the City of Rancho Cucamonga adopt IASP Subarea Text Amendment DRC2010-00685. 8. On June 6, 2012, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the application. 9. All legal prerequisites prior to the adoption of this Ordinance have occurred. P586 B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on June 6, 2012, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: The application applies to the property located within the City; and b. An Initial Study was prepared for the Industrial Area Specific Plan Subarea 18 Amendment and the LA/Ontario International Airport Land Use Compatibility Plan and the Initial Study finds that all environmental impacts are either of no impact or less-than-significant impact; therefore, the proposed Industrial Area Specific Plan Subarea 18 Amendment will not have a significant impact on the environment; and c. The City of Rancho Cucamonga is within the Airport Influence Area of Ontario International Airport; and d. Pursuant to Public Utilities Code Section 21670.1(c), in order to protect the public, health, safety and welfare, it is necessary for each agency within an Airport Influence Area that has an adopted Airport Land Use Compatibility Plan by the lead agency (City of Ontario) to adopt and implement the Airport Land Use Compatibility Plan in order to ensure airport safety and compatible land planning; and e. State law requires land use plans and development proposals to be consistent with policies set forth in Airport Land Use Compatibility Plans. Along with each member agency being required to adopt the ALUCP, each jurisdiction within the Airport Influence Area will need to achieve vertical consistency with its land use policy documents. The proposed text amendment to the IASP Subarea 18 will provide the IASP Subarea 18 with language ensuring compatibility with the LA/ONT ALUCP; and f. The IASP Subarea 18 Amendment does promote the Land Use Policies and Implementation Actions of the General Plan by amending a specific plan within the Airport Influence Area of the LA/Ontario International Airport in order to achieve vertical consistency among land use documents in order to ensure aircraft safety and land use compatibility planning around the LA/Ontario International Airport and the future runway expansion; and g. The adoption of the IASP Subarea 18 Amendment does promote the goals and objectives of the Development Code by ensuring that future development will not detrimentally impact aircraft operations or be a physical hazard to aircraft arriving or departing from LA/Ontario International Airport when the future runway expansion occurs; and h. The adoption of the IASP Subarea 18 Amendment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The IASP Subarea 18 Amendment will provide language ensuring compatibility with the LA/Ontario ALUCP by prescribing building height limits in order to provide airspace protection for aircraft operations; and Ordinance No. 854 -Page 2 of 5 P587 i. The adoption of the IASP Subarea 18 Amendment does promote the goals and objectives of the Development Code by providing a streamlined process by which local agencies can ensure that development within the Airport Influence Area is compliant with the LA/Ontario International Airport Land Use Compatibility Plan. The IASP Subarea 18 text Amendment will provide language so that development in Subarea 18 does not adversely impact aircraft operations from LA/Ontario International Airport; and j. The proposed amendment is in conformance with the General Plan since the adoption of the IASP Subarea 18 Amendment balances the need to maintain aircraft safety without adversely impacting the full economic use of properties within Subarea 18 by allowing building heights up to 70 feet within the High Terrairi Zone, which will permit buildings up to 6 stories. Additionally, the proposed text amendment includes a provision to permit building heights up to 90 feet for offices and hotels within Subarea 18, provided an exception is obtained from the Federal Aviation Administration. SECTION 3: Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the IASP Subarea 18 Amendment (hereinafter in Section 3, the subject IASP Subarea 18 Amendment is referred to as "the project") will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. b. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration and, based on the whole record before it, finds: (i) that the Negative -Declaration was prepared in compliance with CEQA; and (ii) that there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council adopts the Negative Declaration. c. The custodian of records for the Initial Study, Negative Declaration, and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. SECTION 4: Based upon the findings and conclusions set forth in Sections 1, 2 and 3 above, this Council hereby approves Industrial Area Specific Plan Subarea 18 DRC2010- 00685 as follows: SECTION 5: SECTION 5.3.2 of the Industrial Area Specific Plan Subarea 18 is hereby amended to read, in words and figures, as follows: Section 5.3.2, Architecture, Building HeighUBulk/Massing: Ordinance No. 854 -Page 3 of 5 P588 The following text shall be deleted (deleted text in stfiket#seugh): SECTION 6: SECTION 5.3.2 of the Industrial Area Specific Plan Subarea 18 is hereby amended to read, in words and figures, as follows: Section 5.3.2, Architecture, Building Height/Bulk/Massing: The following text shall be added (new text in bold) Building height limits within Subarea 18 shall not exceed the height limits prescribed in the LA/Ontario International Airport Compatibility Plan. For Planning Areas within the High Terrain Zone, the building height limit shall be 70 feet. Buildings or structures greater than 70 feet in height within the High Terrain Zone are subject to the ONT-IAC Project Notification Process and require a Federal Aviation Administration (FAA) exception (Obstruction Evaluation -Form 7460). For Planning Areas outside the High Terrain Zone, building height limits shall be governed by the LA/Ontario International Airport Compatibility Plan. Building or structures greater than LA/Ontario International Airport Compatibility Plan limits are subject to the ONT-IAC Project Notification Process and require a Federal Aviation Administration (FAA) exception (Obstruction Evaluation -Form 7460). In cases where the LAlOntario International Airport Compatibility Plan permits heights greater than 70 feet or the FAA has granted an exception to exceed 70 foot threshold within the High Terrain Zone, the following limits shall be applied: 1) Maximum building or structure height shall not exceed four stories or 75 feet, whichever is greater, unless approved as a Conditional Use Permit, except hotel facilities which are permitted to a maximum height of eight stories or 90 feet, whichever is greater. 2) In Planning Area VII, office buildings are permitted to a maximum height of six stories or 90 feet, whichever is greater. SECTION 7: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 8: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Vallev Dailv Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Please see the following page for formal adopdon, certification and signatures Ordinance No. 854 -Page 4 of 5 P589 PASSED, APPROVED, AND ADOPTED this 20`" day of June 2012. L. Dennis Michael, Mayor ATTEST: 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 6`" day of June 2012, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 20`" day of June 2012. Executed this 2151 day of June 2012, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Ordinance No. 854 -Page 5 of 5 ., STAFF REPORT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT -' RANCHO Date: June 20, 2012 C;UCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II Subject: ADOPTION OF A RESOLUTION MAKING DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (BEAZER HOMES HOLDING CORP., OWNER -APN: 0210-062-08 -ANNEXATION NO. 12-4) LOCATED ON THE SOUTHWEST CORNER OF ARCHIBALD AVE. AND 6TH ST. TO AN EXISTING COMMUNITY FACILITIES DISTRICT, CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RECOMMENDATION Consideration of adoption of a resolution making determinations and authorizing the submittal of the levy of special taxes to the qualified electors of territory proposed to be annexed (Beazer Homes Holding Corp., Owner -Annexation No. 12-4) to existing Community Facilities District No. 85-1 ("CFD No. 85-1") and calling a special election for such purpose. BACKGROUND Beazer Homes Holding Corp., property owner, has submitted a proposal to create a 119 unit development on 18.7 acres on the southwest corner of Archibald Ave. and 6th St. (APN 0210-062-08; the "Annexation Area") and is conditioned by the City and Fire District to annex to the existing Community Facilities District (CFD) 85-1 in order to mitigate the development's impact upon fire protection services. On May 16, 2012, the Board initiated formal annexation proceedings pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act") by adopting Resolution No. FD 12-025 approving an Annexation Map (Exhibit "A") of the territory proposed to be annexed and the Resolution of Intention to Annex APN 0210-062- 08 the existing CFD 85-1. This Resolution, among other things, declared the intention of the Board of Directors to levy a special tax within the Annexation Area to finance fire protection and suppression services and setting a public hearing regarding the proposed annexation to be held on June 20, 2012. P590 P591 Annexation of Territory to an existing CFD 85-1 June 20, 2012 Through adoption of this resolution before the Board this evening, the Board will accomplish the following: • Make certain determinations as set forth in the resolution • Call for a special election to be conducted on June 27, 2012 • Authorize submittal of the levy,of the special tax to qualified electors of the Annexation Area at such special election ANALYSIS The annexation of the Annexation Area into CFD No. 85-1 will satisfy the conditions of development relating to mitigating impacts upon fire protection services. Beazer Homes Holding Corp., property owner, is in full support of the annexation of the property being annexed. Pursuant to the Mello-Roos Act, whenever there have been less than 12 persons registered to vote within the Annexation Area for each of the 90 days preceding the public hearing pertaining to such annexation, the vote shall be by the landowners within the Annexation Area. Therefore, in the current circumstances, the election will be a landowner's vote, the landowner having one vote per acre or portion thereof of land within the Annexation Area. Beazer Homes Holding Corp., owner of the property within the Annexation Area, has executed a "Consent and Waiver" of time frames relating to the election. Exhibit "A" of the Resolution sets forth the rate and method of apportionment of the special tax proposed to be levied within the Annexation Area which is consistent with the special tax levied upon all territory currently within CFD No. 85-1. At the special election to be held on June 27, 2012, the landowner(s) will be entitled to cast its ballot. The Board Secretary will then canvas the ballot, if received. At the next Board meeting, the Board will consider adopting the resolution declaring the election results and the annexation of the Annexation Area to CFD No. 85-1. If 2/3 of the votes are cast in favor of the levy of the special tax, the Board may declare the property to be annexed. The Public Notice regarding the Public Hearing has been advertised in the Inland Valley Daily Bulletin. Respectfully submitted, Mike Be Fire Chief Attachments Annexation Map Resolution No. FD 12-029 CFD No. 85-1 Map ~- a~~h. ~b7~~ €E ~ _ ~~~~~ y g}~yb g m~e3~1 .. ~~~i~=a ~~~~°pp~" F ~bk p (,~ Q '~~a^~p~tl ~ Z N ~ ~~O I ~ If) Z J ~ ~ U V_ o1W + - a R o lm i • R OI Z w ~` -~-s_ ~~ ~.~ ~ _ FO ~_ _ R' _ H ~ a ~ R ~ ~ NWN t O - ~ I ., L Q Yy L~ O p~ Pi Wt7~ ' f F Z,~ R ZJOa - OU~~s L~U _ a m ... I.. W } ~ drill - . Z ZZON a== ~ U L~ G ~QO g ~ G O - ~ ~ V ~ W L _ ~O - ^ - - I ~ U O k :~ ~~~ ~ « B 0jQ1 __ R x R R :. R • .W.C[P N ATIFIK9 UA A R R Y R b s ~~ ,~ ~-;~ ; IE~ I L €h R !E° ~ I ~ I~g ~ ~ !psp~_ ~~ 6@ d$3 is ~+~~y~y S ~ Ib j~. Ybgg~b3 ~~' "~~ Iv• na~a ~b R ~~ ~~ ~ g tl~ ~ ~ ~~ ~~ :~ la h ~E !~F R ~~ W V Wl . 1 :11YJ5 ~~ Z W R ~2 4 ! ~~ ~~ gY~ . ~y°~ °~ ~~~~ ~a ~yy~y ~ F~~~ ~~ P593 RESOLUTION NO. FD 12-029 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 12-4) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY WHEREAS, the BOARD OF DIRECTORS (the "Board of Directors') of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Fire Protection District"), RANCHO CUCAMONGA, CALIFORNIA, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof (the "Act"). The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, notice of a public hearing relating to the annexation of territory to the District, the extent of the territory to be annexed (the "Annexation Area'), the furnishing of certain public services and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or the District and/or property owners representing more than one-half (1 /2) or more of the area of land within the Annexed Area or within District; and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECITALS The above recitals are all true and correct. SECTION 2. DETERMINATIONS It is determined by this Board of Directors that: A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Act; B. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; P594 C. the time limit specified by the Act.for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area; D. the Secretary, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of this resolution; and E. the public services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the Fire Protection District as a result of development and/or rehabilitation occurring in the Annexation Area. SECTION 3. BOUNDARIES OF ANNEXED AREA The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses for the public services described in Section 4 below are generally described as follows: All that property and territory proposed td be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map entitled "Annexation Map No. 12-4 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map"), a copy of which is on file in the Office of the Secretary and shall remairi open for public inspection. SECTION 4. DESCRIPTION OF SERVICES The services that are authorized to be financed from the proceeds of special taxes levied within the District are certain services which are in addition to those services required for the territory within the District and will not be replacing services already available. A general description of the services authorized to be financed by the District is as follows: The performance by employees of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such services. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within the District are the types of services proposed to be financed from the special taxes proposed to be levied within the Annexation Area. If and to the extent possible such services shall be provided in common with District and the Annexation Area. SECTION 5. SPECIAL TAX Except where funds are othervuise available and subject to the approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for the services described in Section 4 that are required for the Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A" which sets forth insufficient detail the method of apportionment to allow each landowner or resident within the Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. Resolution No. FD 12-029 -Page -2 P595 The special taxes 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 Board of Directors 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. SECTION 6. SPECIAL TAX ACCOUNTABILITY MEASURES Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this Board of Directors hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes within the Annexation Area as described in Section 5 above: A. Each such special tax shall be levied for the specific purposes section in Section 5. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5. above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within the District shall be deposited. D. The Fire Chief or his or her designee, acting for and on behalf of the District, shall annually file a report with the Board of Directors as required pursuant to Government Code Section 50075.3. SECTION 7. ELECTION The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the 27th day of JUNE 2012, and said election shall be a special election to be conducted by the Secretary (hereinafter "Election Official"). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution and the Board of Directors may determine that the Annexation Area is added to and part of the District. SECTION 8. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1, AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District be authorized to levy special taxes within the territory shown on "Annexation Map No. 12-4 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California' (the "Annexation Map') pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth Resolution No. FD 12-029 -Page -3 P596 in Resolution No. FD 11-029 to finance fire suppression and protection services and administrative expenses? SECTION 9. VOTE The appropriate mark placed in the voting square afterthe word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 10. ELECTION PROCEDURE The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. ' Resolution No. FD 12-029 -Page -4 P597 PASSED, APPROVED, AND ADOPTED this AYES: NOES: ABSENT: ABSTAINED: ATTEST: Janice C. Reynolds, Secretary 2012 at Rancho Cucamonga, California. 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 2012. Executed this day of day of I 2012. L. Dennis Michael, President Janice C. Reynolds, Secretary Resolution No. FD 12-029 -Page -5 P598 EXHIBIT "A" COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 12-4 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 12-4 for Fiscal Year 2011-2012 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($151.71) Multi-Family 2 DU: 1.75 = ($151.71) 3 DU: 2.25 = ($151.71) 4 DU: 2.65 = ($151.71) 5-14 DU: 2.65 = ($151.71) +{.35 (TU-4) ($151.71)} 15-30 DU: 6.15 = ($151.71) + {.30 (TU-14) ($151.71)} 31-80 DU: 10.65 = ($151.71) + {.25 (TU-30) ($151.71)} 81 - up DU: 23.15 = ($151.71) + {.20 (TU-80) ($151.71)} Commercial ($151.71) per acre + $.082 per SF Industrial ($151.71) per acre + $.100 per SF Note: DU =Dwelling Unit TU =Total Units SF =Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2011 and each July 1 sl thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. Resolution No. FD 12-029 -Page -6 P599 REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall be granted a reduction in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: which is not owned by a public or governmental agency; which is not vacant; - where a "certificate of occupancy" or "utility release" from the City of Rancho Cucamonga has been issued; which has an existing building or structure onsite; - which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services -Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Resolution No. FD 12-029 -Page -7 ~ ~ o~ ~ ~ ~ V Z o •~ ~ N ~~ ~ ~ k y C , Y/ ~ ~ ~ ~1 rr Q .~ V .` V ny ua~!II!W C 0 _~ ny ti~ay~ P600 m ~~ ny uaneH ny esow~aH n`d Ple4!yo~t1 ny uewllaH ;g ue!lawe~ ~ U cz x~ zi as - ~U ny epuenn!;~ 19 ~aa~~ ~eQ ny ~a;sayoo~ a~ c .! ~ .,~~'~ r ' ~~~~ i ~..1.~ I~~' ~ L J ~..~u~.• ~' ~ ~ ~ O N a ^ ` VJ c~ ~ m ~ T a ~ ~~ __ (0 m ~_ ~ J ~ rT+ C U U r~ ~ ~ J ~•r m -- o' L 3 °o ~ ~ Q ny ~a;sayoo~{ ny ua~!II!W N r o ny uaneH ^ x a~ ny esow~aH Q ~ nb' PIe4!yo~t/ ' ~ ~, ~ ' ny uewllaH .i cn L .~. ~ ~ v j ny p~e~(au!n i ~pufr~~eY~c'Ou ~- ~ e t G: s ~, ~ L e o~N qaE o3~~ `~ m N 3 VJ _E `= ~a.agFs~~~QE O ` Q E ~$yE%gP °'zsEsB 5~.~'E~~5~9>° nd iSe~ cn 0 lf") 0 v ny epuenn!;~ NOTICE OF CONTINUANCE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that at the CRA/City Council meeting of June 20, 2012, the City Council continued the following public hearing to July 18, 2012 at 7:00 p.m.: R1. MUNICIPAL CODE AMENDMENT DRC2010-00571 AND ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH #2000061027) -CITY OF RANCHO CUCAMONGA - A comprehensive update to the Development Code including a request to replace Title 17 (Development Code), modify Chapter 2.24 (Historic Preservation), modify Chapter 1.12 (Penalties, Administrative and Civil Remedies and General Provisions), delete Chapter 5.12 (Regulation of Entertainment), delete Title 14 (Signs), delete Chapter 19.08 (Tree Preservation) and other clarifying amendments of the City of Rancho Cucamonga Municipal Code as well as a proposed addendum to the General Plan Final Program Environmental Impact Report (FPEIR). DEVELOPMENT FEE SCHEDULE 2012 -CITY OF RANCHO CUCAMONGA - Consideration of a proposal to establish new development fees for Planning services as a result of the creation of new application types in the comprehensive update to the Development Code (DRC2010-00571). ORDINANCE NO. 855 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT DRC2010-00571, A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF RESOLUTION NO. 12-101 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING FEES FOR SERVICES RELATED TO APPLICATIONS FOR SITE PLAN REVIEW AND FOR THE MODIFICATION OF PREVIOUSLY APPROVED LAND USE ENTITLEMENTS Said meeting will be held in Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga CA 91730. Date:~.lune 21, 2012 McKay rnt City Cle Records Manager ITEM CONTINUED TO JULY 78, 2012 CITY COUNCIL MEETING Please see the Notice of ConOnuance P601 STAFF REPORT - PI~4NNING DEP~RTbfENT RANCHO Date: June 20, 2012 CUGAMONGA To: Mayor and Members of the City Council From: Jeffrey A. Bloom, Interim Planning Director By: Jennifer Nakamura, Associate Planner Subject: MUNICIPAL CODE AMENDMENT DRC2010-00571 AND ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH #2000061027) -CITY OF RANCHO CUCAMONGA - A comprehensive update to the Development Code including a request to replace Title 17 (Development Code), modify Chapter 2.24 (Historic Preservation), modify Chapter 1.12 (Penalties, Administrative and Civil Remedies and General Provisions), delete Chapter 5.12 (Regulation of Entertainment), delete Title 14 (Signs), delete Chapter 19.08 (Tree Preservation) and other clarifying amendments of the City of Rancho Cucamonga Municipal Code as well as a proposed addendum to the General Plan Final Program Environmental Impact Report (FPEIR). DEVELOPMENT FEE SCHEDULE 2012 -CITY OF RANCHO CUCAMONGA - Consideration of a proposal to establish new development fees for Planning services as a result of the creation of new application types in the comprehensive update to the Development Code (DRC2010-00571). RECOMMENDATION: The Planning Commission and staff recommend the City Council take the following actions: Adopt an addendum to the General Plan Program Environmental Impact Report for the Development Code Update. 2. Approve Municipal Code Amendment DRC2010-00571 for the Development Code Update and related Municipal Code amendments. 3. Adopt the proposed new development fees for planning services. BACKGROUND: The City of Rancho Cucamonga adopted its first Development Code in 1983. Since adoption, numerous text amendments have been adopted in response to changing development patterns however; the core elements of the 1983 document have remained intact. When the Development Code was first adopted, the City was predominantly vacant with most development applications consisting of large tracts of land with hundreds of residential units or large distribution warehouse complexes. Today, the City is largely being developed with the majority of land use applications proposing smaller residential subdivisions or more modest commercial and industrial development or redevelopment of underperforming properties. ITEM CONTINUED TO JULY 18, 2012 CITY COUNCIL MEETING Please see the Notice of Continuance P602 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2010-00571 AND DEVELOPMENT FEE SCHEDULE CITY OF RANCHO CUCAMONGA June 20, 2012 Page 2 In May 2010, the City Council adopted the 2010 General Plan to serve as a long-range policy document that guides the development of the City. The General Plan guides the vision of the future and reinforces established land uses in the City of Rancho Cucamonga while targeting new residential, office and commercial growth on vacant and underutilized properties. The 2010 General Plan includes a comprehensive Implementation Plan. The Implementation Plan establishes actions the City will pursue to implement the goals of the General Plan Update over the course of its 15 to 20 year projected planning horizon. The implementation measures listed within the General Plan include reviewing and modifying the Development Code to put the goals and policies of the General Plan into action. In January 2011, the Council included in its annual goals an update of the Development Code in 2012 and directed staff to begin this process with the assistance of outside professionals with broad Development Code writing experience. In April 2011, the Council entered into a Professional Services Agreement with Pacific Municipal Consultants (PMC) to facilitate a comprehensive Development Code Update. DEVELOPMENT CODE UPDATE PROCESS: The Development Code update process has taken approximately 13 months from initiation to completion and is divided into four phases: Phase 1: Issue Identification and Direction (May -July 2011) • Data Review and Analysis -Staff presented PMC with copies of the current Development Code, Specific Plans and Master Plans, policy documents, code interpretations, Use Determinations and recent adopted ordinances for review. PMC conducted a technical review and provided written analysis of code issues and alternatives. • Work Sessions with City Staff -PMC met with staff to discuss the code issues and preferred alternatives and developed a key recommendations report and annotated outline of the new Development Code. • Stakeholder Meetings -PMC conducted stakeholder interviews with a variety of internal and external groups including commercial and residential developers, real estate brokers and property managers, engineers and architects, sign companies, historic preservation groups, police and fire departments, Healthy RC representatives, community development departments, City Council members and Planning Commissioners. • Public Workshop #1 (July 12, 2011) -Staff and PMC hosted a public workshop held in July 2011 where a community scorecard was used to poll opinions on key issues and opportunities. Phase 2: Draft Code Update and Environmental Review (August 2011 -March 2012) • Administrative Draft Development Code -PMC produced two administrative drafts of the Development Code, the first in September 2011, the second in January 2012. Staff extensively reviewed each draft and provided detailed comments and feedback to PMC. ITEM CONTINUED TO JULY 18, 2012 CITY COUNCIL MEETING Please see the Notice of ConOnuanee P603 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2010-00571 AND DEVELOPMENT FEE SCHEDULE CITY OF RANCHO CUCAMONGA June 20, 2012 Page 3 Public Draft Development Code -PMC completed the public draft of the Development Code that incorporated all of staff's edits. This draft was released to the public on April 5, 2012. • Zoning Map Changes -PMC, utilizing base GIS data from the City, produced a new zoning map to coincide with the new Development Code. The map is a graphical representation of the zoning in the Development Code. It was updated based on feedback from staff to represent base zoning, special planning areas and to update previously approved zoning changes that had not been displayed on the existing zoning map. Phase 3: Public Review (April and May 2012) • Meetings with BIA, Chamber of Commerce -Upon release of the public draft, staff met directly with the BIA and Chamber of Commerce to present an overview of the changes in the new Code and solicit feedback. • Public Workshop #2 (April 19, 2012) -Staff and PMC hosted a pubic workshop to present the changes in the new Code and answer questions. • Joint Workshop (May 2, 2012) -Staff and PMC presented a summary of the new Code to a joint workshop of the City Council and Planning Commission, answered questions and received additional direction. Phase 4: Public Hearings and Adoption (May and June 2012) • Public Hearings -Staff and PMC will present the Development Code for review, recommendation and approval at public hearings with the Planning Commission and City Council. Final Development Code and Zoning Map -Upon approval from the City Council, staff and PMC will compile the final copy of the Development Code and Zoning Map for printing and distribution prior to its effective date of August 20, 2012. OBJECTIVES OF THE DEVELOPMENT CODE UPDATE: As a result of the stakeholder meetings and the public workshop process conducted in Phase 1, several clear objectives for the Development Code Update were established: • Implement the policies of the General Plan. • Adopt an official zoning map consistent with the General Plan. • Ensure the Code is consistent with State and Federal laws. • Eliminate ambiguous language within the Code. • Provide a Development Code with an understandable structure and language for the typical citizen. • Add more graphics to clarify intent. • Streamline approval procedures while maintaining opportunities for public participation. ITEM CONTINUED TO JULY 18, 2012 CITY COUNCIL MEETING Please see the Notice of Continuance P604 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2010-00571 AND DEVELOPMENT FEE SCHEDULE CITY OF RANCHO CUCAMONGA June 20, 2012 Page 4 Update the Sign Code. • Address the compatibility of land use conversions and reuse of existing buildings. Promote sustainable development. Simplify design standards without compromising the quality of development. KEY CHANGES TO THE DEVELOPMENT CODE: It was determined during the data review and analysis process that some existing development standards (ex. setbacks) work well within the community and do not need to be changed. Staff and PMC identified many areas where the Code lacked clarity and those areas were addressed. Table 1 illustrates general areas in the Code that were changed, and those that did not. Table 1 -Comparison of Regulations MAJOR CHANGES INCLUDE: ITEMS THAT DID NOT CHANGE: Document organization General development standards Tables and graphics Historic preservation Permit procedures Hillside development standards Land use classification system Home occupations Mobile hot food trucks Medical marijuana dispensaries Some site development provisions Non-conforming uses and structures (e.g., parking and sign regulations) Performance standards Some specific use requirements (e.g., special regulated uses, temporary uses) Water efficient landscaping Green building incentives Wireless communication facilities Special planning areas As this project encompassed a complete reorganization and rewriting of the Development Code, a "line by line" comparison between the current code and the new Code is impractical. As an alternative, staff prepared a matrix of the significant changes in the new Development Code and how those changes relate to elements of the current Code (Exhibit A). In some cases, the new code provides an update to existing elements, but in most cases, the new Code adds many changes that are not present in the current Code. One area of the Code that, received a significant facelift is the allowed use table. This table establishes the uses allowed within the City and the corresponding requirements for permits and entitlements for each of the City's base zoning districts. Generally, a use is either allowed by right, through the issuance of a Conditional Use Permit, or is not permitted. In the existing Code, there are four separate land use tables. The new Code consolidates allowed land use regulations for the ITEM CONTINUED TO JULY 18, 2012 CITY COUNCIL MEETING Please see the Notlce of Continuance CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2010-00571 AND DEVELOPMENT FEE SCHEDULE CITY OF RANCHO CUCAMONGA June 20, 2012 Page 5 City's base zoning districts into a single allowed use table. The goal was to "translate" existing use regulations wherever possible, but we also included new uses that did not previously exist. Exhibit B shows all of the current land uses and the new land use translation and Exhibit C shows all of the new land uses introduced in the new Code. Staff is proposing a few changes to the zones in which some of these uses are regulated. • Assembly Use is no longer allowed in Commercial zones. Massage establishments are now permitted by right in all Commercial and Industrial Park and General Industrial zones consistent with State law. • Medical Use, Extended Care is no longer allowed within the Haven Overlay. PUBLIC OUTREACH AND COMMENTS: Since the release of the public draft, staff has performed additional outreach activities to create public awareness and solicit public feedback on the document. These include: • Meeting with the BIA to discuss changes that impact homebuilders. • Meeting with the Chamber of Commerce to discuss changes that impact the business community. • Fielding questions on the Development Code via phone, a-mail and visits to the public counter. • Hosting a workshop on April 19, 2012 and receiving public input. As a result of this outreach we have received oral and written responses and requests for clarification from the development community and the BIA (Exhibits D, E, F and G). Staff has worked directly with several respondents to clarify questions presented; however, three issues required additional consideration. A summary of these key issues and staff's recommendation for each are listed below. Issue #1 -Parking standards for warehouse uses Staff proposed to increase the required parking for warehouse uses. Many recently constructed warehouse buildings in the City have been built on speculation, without an identified warehouse user. Once these buildings are constructed, finding a warehouse use can be difficult. However, there are other allowed uses within that base zoning district that could lease or purchase the space. Sometimes those uses require more parking than is provided for on the site, leading staff to have to potentially deny those uses of the property. Staff believes that by increasing the required parking, there is the possibility to capture additional uses that could utilize that same building and still have adequate parking. The feedback received from the public indicated that this would be too onerous of a requirement for future development. Further staff analysis determined that with the few acres left available for industrial development, there would not be enough additional benefit to justify making parking for many existing industrial sites potentially non- conforming. Staff recommends that the current parking ratio for warehouse uses remains in place. P605 ITEM CONTINUED TO JULY 18, 2012 CITY COUNCIL MEETING Please see the Notice of Continuance P606 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2010-00571 AND DEVELOPMENT FEE SCHEDULE CITY OF RANCHO CUCAMONGA June 20, 2012 Page 6 Issue #2 -Uses within the Specialty Commercial Base Zoning District The owners of the Thomas Winery Plaza submitted comments regarding the lack of depth in the commercial uses allowed within the Specialty Commercial district, of which their property lies (Exhibit D). Upon staff review, we determined that some of the uses that were not allowed were due to an error in the translation of the existing land use table to the new land use table and would be easily corrected. In addition, they requested staff to consider expanding the allowed uses within the Specialty Commercial District in order to allow for additional leasing opportunities. Staff reviewed their request and agrees that the current zoning is too restrictive. Staff has included in the next section, a list of the additional uses that will be allowed within the Specialty Commercial base zoning district. Issue #3 -Parking Standards for Four Bedroom Multi-Family Units Staff proposed increasing the required parking for four bedroom multi-family units from the current standard of 2.3 parking spaces per unit, to 3 parking spaces per unit. We received feedback that this standard may be too high. Staff conducted additional research and determined that many cities use a lower ratio for four bedroom units, usually 2.5 spaces per unit. Lewis Communities provided data that indicates that the current average number of adults renting a four bedroom unit is 2.0. Given this data, staff proposes reducing the number of required spaces in the new Code from 3.0 spaces per unit to 2.5 spaces per unit. CHANGES PROPOSED SINCE THE RELEASE OF THE PUBLIC DRAFT DEVELOPMENT CODE: The release of the public draft Development Code in April 2011 allowed staff and the public one additional opportunity to review the document and make any final needed changes. Staff recommends the following changes to the Public Draft Development Code to incorporate unintended omissions, clarify regulations, address issues raised since the release of the public draft, and respond to informal public comments. Attachment 2 of Resolution 12-22 identifies the actual text change to the Public Draft Development Code. The next section summarizes these changes. SUMMARY OF PROPOSED CHANGES: Article II Land Use and Development Procedures 1. Residential Additions. Amend Section 17.16.130 B to specify that residential additions greater than 50% of the existing square footage are subject to a Minor Development Review. 2. Entertainment Permits. Amend Section 17.20.020 C 5 to allow for additional opportunities for small scale entertainment relative to the type of business and number of performers under an exemption from an entertainment permit. 3. Reasonable Accommodations. Amend Section 17.20.060 to change decision making authority from the Planning Commission to the Planning Director. As such, the entire Section 17.20.060 will be relocated to the Planning Director Decision Chapter (Chapter ITEM CONTINUED TO JULY 18, 2012 CITY COUNCIL MEETING Please see the Notice of Contlnuance CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2010-00571 AND DEVELOPMENT FEE SCHEDULE CITY OF RANCHO CUCAMONGA June 20, 2012 Page 7 17.16, new Section 17.16.150). Clarify that other discretionary permits may be required for the accommodation (with the exception of a Variance), which the reasonable accommodation is designed to alleviate. Add language providing the opportunity to impose conditions on the approval, similar to other decisions. 4. Master Plan. Add a new purpose statement regarding Master Plans to Section 17.22.020 A to clarify the intent of this planning tool. 5. Mills Act Applications. Amend Table 17.14.060-1 to change the decision making authority for Mills Act applications with the Planning Director and Historic Preservation Commission as recommending bodies, and the City Council as the final approving authority. 6. Home Occupation Permit. Amend the findings for Home Occupation Permits in Section 17.16.040 to remove the reference to peace, morals, and comfort. Additionally, add a finding that requires compliance with the Home Occupation development standards in Section 17.98.030. Article III Zoning Districts Allowed Uses, and Development Standards Commercial Office Zoning District. Amend Chapter 17.24 to include the existing Commercial Office Zoning District (from Foothill Boulevard Specific Plan) to a new Citywide Base Zoning District. 8. Allowed Use Modifications. Amend allowed use regulations in Table 17.30.030-1 as follows: • Add the requirement to use Optional Standards for Multi-family development in the LM Residential District and single-family in the M Residential District. • Amend Tattoo Shops as allowed in the GC District, not in the CC or RRC Districts. • Amend Medical Services, Extended Care as a permitted use in the OP, GC, CC, IP and GI Districts. • Amend Assembly Uses as not permitted in the MU District. • Add "Agricultural Uses" as a new land use category permitted by right in the OS, FC and UC Districts. • Add "Convention Center" as a new land use category conditionally permitted in all industrial, commercial and office Districts. • Add "Feed and Tack Store" as a new land use category permitted by right in the NC and GC Districts. • Add "Mobile Hot Food Trucks" as a new land use category that is not permitted in all base zoning districts except as part of a special event with a Temporary Use Permit. • Add "Specialty Food Store" as a new land use category permitted by right in the MU, NC, GC, CC, RRC and SC Districts. • Amend Specialty Commercial uses for: Convenience Store (CUP), Business Support Services (P), Furniture, Furnishing and Appliance Store (P), Bed and Breakfast (CUP), Tutoring Center -Large (CUP), Tutoring Center -Small (P), Liquor Store (CUP), Consignment Store (CUP), Veterinary Facility (CUP), Office, Business and Professional (P), Internet Cafe (P), Massage (P), Office, Accessory (P), Specialty Food Store (P) P607 ITEM CONTINUED TO JULY 18, 2012 CITY COUNCIL MEETING Please see the Notice of Continuance CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2010-00571 AND DEVELOPMENT FEE SCHEDULE CITY OF RANCHO CUCAMONGA June 20, 2012 Page 8 Allowed Use Descriptions. Amend allowed use descriptions in Section 17.32.020 as follows: • For Home Improvement Supply Store, remove the word "furnishings' from the description. • For General Retail, include both single and multiple lines of merchandise and remove furniture, home furnishings and equipment from the description. • For Restaurant, remove the word "sit down" from the description. Add new classification listings and corresponding descriptions for "Agricultural Uses", "Consignment Stores", "Convention Center", "Feed and Tack Stores", "Mobile Hot Food Trucks', and "Specialty Food Store." For Personal Services, add "weight loss clinics" to the description and clarify that permanent makeup is permitted, but tattoo is separately classified. Additionally, include "day spa" in the description with appropriate reference to requirements for massage. Finally, add spiritualist reading or astrology forecasting to the description. 10. General Development Standards. Add a new Figure for Section 17.34.040 B showing how the front yard is measured on a flag lot. Additionally, amend Section 17.34.040 E for encroachments to remove the word "replacement" since the new standard will apply to all chimneys, not just replacements. 11. Residential Development Standards. Amend Section 17.36.010 and Table 17.36.010-1 as follows: • Add existing standards for setbacks at interior site boundaries, open space requirements, and setbacks between building fronts. • Update and incorporate existing optional development standards for maximum residential development and rename as "Standards for Higher Residential Densities". • Amend Floor Area Ratio (FAR) to reflect 150% of lot coverage, which is not applicable in MH and H zones. • Add existing recreation amenities requirements and options. • Add existing streetscape setbacks for single-family. 12. Commercial Development Standards. Amend Section 17.36.030 to include existing streetscape setbacks for commercial development. 13. Industrial Development Standards. Amend Section 17.36.040 to include existing outdoor eating requirements. 14. Equestrian Overlay Zoning District. Amend the descriptive boundary in Section 17.38.020 to match the equestrian overlay in the General Plan (Banyan Street from the west City boundary to Milliken Avenue, South to CA 210 freeway to I-15 freeway to the east and along the entire northern boundary of the Sphere of Influence). P608 15. Haven Overlay Zoning District. Amend Allowed Use Table 17.38.040-1 to include Hotel and Motel and Medical Services, General as a permitted use in the Haven Overlay Zoning District. ITEM CONTINUED TO JULY 18, 2012 CITY COUNCIL MEETING .Please see the Notice of Continuance P609 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2010-00571 AND DEVELOPMENT FEE SCHEDULE CITY OF RANCHO CUCAMONGA June 20, 2012 Page 9 16. 4th Street Overlav Zoning District. Amend Section 17.38.050 to expand and rename the 4th Street Overlay Zoning District to include the other areas of the City designated as IP District, but are allowed to have GC uses as well (east side of Haven Avenue between Arrow Route and Civic Center Drive, southwest corner of Foothill Boulevard and Rochester Avenue and the south side of Foothill Boulevard between Elm Avenue and Spruce Avenue). Additionally, amend allowed uses in Table 17.38.050-1 for Assembly use from C to N. Article IV Site Development Provisions 17. Accessory Structures. Amend Figure 17.42.040-1 as follows: • Remove specific numerical standards for interior setbacks and simply reference interior side yard setbacks as this number may vary from zone to zone. • Add a new graphic to show the side yard setback criteria for solid roof and open roof structures within the rear yard. Amend Table 17.42.040-1 as follows: • Add a new footnote for setback criteria for solid roof and open roof structure to state that the side yard setback criteria applies in the rear yard only. • Allow accessory structures with a solid roof less than 6 feet tall and 120 square feet in area to be placed on the street side yard. Remove the requirements fora 6-foot separation between the primary and accessory structure and reference compliance with building code requirements as applicable. 18. Fences. Walls, and Screening. Amend Figure 17.48.030-2 to read "Measure height from mid-point of retaining wall height at lower grade." 19. Green Building. Amend Section 17.50.020 to clarify that the mandatory tier 1 provisions for municipal buildings is only if the building is greater than 7,500 square feet. Additionally, amend Section 17.50.030 to clarify that the tier 2 incentives include a choice of priority processing and relaxation of one development standard or design requirement. 20. Landscape Standards. Amend Chapter 17.58 as follows: • Clarify Section 17.58.070 A to state that the standards in the table apply only to new development. • Amend Section 17.58.060 M 3 so that the interior landscape planter dimension is 5 feet and update the figure accordingly. Add language to Section 17.58.080 C with an exception that new windrows are not required in the wildland-urban interface area. • Update Section 17.58.040 1 to explain that the Fire Chief is an additional approving authority for projects in the wildland-urban interface area. • Amend Section 17.58.050 B and C to reference planting requirements in the wildland-urban interface fire area that emphasize wildfire hazard reduction. ITEM CONTINUED TO JULY 18, 2012 CITY COUNCIL MEETING Please see the Notice of Continuance P610 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2010-00571 AND DEVELOPMENT FEE SCHEDULE CITY OF RANCHO CUCAMONGA June 20, 2012 Page 10 Add reference to the wildland-urban interface fire area under the special landscape requirements in Section 17.58.060. 21. Outdoor Sales, Storage, Display, and Seating. Amend Section 17.62.030 B 1 to remove the example that is currently listed "(e.g., seasonal sales as a temporary use requiring a TUP)". 22. Parking and Loading. Remove Sections 17.68.020 B and C regarding change of use or occupancy related to parking requirements. Additionally, update Section 17.68.060 C to correct the decision making authority for Conditional Use Permits from the Planning Commission to the Planning Director. Finally, amend the parking standards in Table 17.68.050-1 to revert back to the existing parking standards for industrial warehousing and reduce the required parking for four or more bedroom multi-family units to 2.5 spaces. 23. Sidewalks and Trails. Amend Section 17.74.030 G 1 to remove the 6-foot width requirement and simply reference compliance with ADA standards. 24. Sign Regulations for Private Prooerty. Amend Chapter 17.78 to add sign standards for large retail establishments over 100,000 square feet to allow for greater signage based on the relative scale of the buildings. Additionally, update the chapter to allow for signs for special events in conjunction with an approved Temporary Use Permit (1 per parcel maximum with 25 square feet max size and property owner approval required). 25. Tree Preservation. Amend Section 17.84.040 A to allow for Eucalyptus nicholii as an alternative replacement to Eucalyptus maculate and give the Planning Director the ability to choose another Eucalyptus species. Additionally, amend Section 17.84.050 C to reference the City's fire hazard abatement provisions. 26. Uses in Historic Structures. Add a new Chapter 17.54 (Historic Structures) to incorporate existing language regarding uses in historic structures and reference to other related provisions for historic preservation. 27. Electric Charging Stations. Amend Chapter 17.68 (Parking and Loading) to include a new Section 17.68.110 with electric vehicle parking requirements. Article V Specific Use Requirements 28. Drive-In and Drive-Through Uses. Add a graphic that shows an example drive-through site plan consistent with the requirements of this section. 29. Home Occupations. Amend Section 17.98.020 to clarify that home occupations are permitted in non-conforming residences. For example, asingle-family home that is legal non-conforming on a parcel zoned Industrial may be allowed to have a Home Occupation Permit. ITEM CONTINUED TO JULY 18, 2012 CfTY COUNCIL MEETING Please see the Notice of Contlnuance P611 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2010-00571 AND DEVELOPMENT FEE SCHEDULE CITY OF RANCHO CUCAMONGA June 20, 2012 Page 11 30. Public Utilities and Uses. Amend Section 17.104.040 D for sewage and water treatment plants to reference compliance with vegetation management requirements for property located in wildland-urban interface fire areas. 31. Temporary Uses. Amend Section 17.110.040 B by relocating items 1, 2 and 4 to 17.110.020 A and deleting the remainder of the section. Additionally, amend Section 17.110.040 C and D to clarify the intent of clearance requirements for emergency vehicle and fire access lanes. 32. Wireless Communication Facilities. Amend Section 17.112.020 to clarify that the removal of wireless communication facilities is exempt from permits and that the replacement of equipment which does not substantially change the tower or shelter is exempt from planning permits, but may be subject to building permits. 33. Temporary Model Homes. Amend Section 17.110.040 to change the required tree planting size requirement from 48-inch box to 36-inch box tree. Article VI Special Planning Areas 34. Master Plan Purpose. Amend Section 17.116.010 to remove the statement that most Master Plans are mixed use sites. 35. Master Plan Descriptions. Amend Section 17.118.040 to clarify that the list of master plans is not inclusive, because we have several other "master plans" that are really approved site plans under the previous "master planning" approval. Article Vll Design Standards and Guidelines 36. Residential Design Standards. Amend Table 17.132.010-1 to include descriptions of the two superscripts for floor plans and elevations. Article VIII Glossary 37. Universal Definitions. Amend definitions in Chapter 17.136 as follows: Add a definition for Mobile Hot Food Truck Events, which is for the "food truck festivals" where someone organizes a group of mobile (often gourmet) food trucks to a temporary event. Add a definition for Floor Area Ratio. • Add a definition for Planning Entitlement. • Clarify definition for Yard, Front to reiterate that front yard is measured from face of curb. 38. Sign Definitions. Amend definitions in Chapter 17.146 to define a "pedestrian traffic sign". In addition to the changes proposed above, staff and PMC will conduct a final editing of the Development Code and Zoning Map to ensure any spelling, grammatical and formatting errors are ITEM CONTINUED TO JULY 18, 2012 CITY COUNCIL MEETING Please see the Notice of Continuance P612 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2010-00571 AND DEVELOPMENT FEE SCHEDULE CITY OF RANCHO CUCAMONGA June 20, 2012 Page 12 corrected. All of these changes will be incorporated into the final published version of the Development Code and Zoning Map and will be ready for distribution prior to the effective date of the Code. FEES: The process for modifications to an existing permit has been formalized; however there is not an alternative fee structure for these permits. For example, if a business had an approved Conditional Use Permit on file and needed to modify the Permit to adjust their hours of operation, they would need to apply and pay the rate of a new Conditional use Permit. The Planning Department has been working with Maximus, Inc. over the last year to review the current fee schedule and determine if changes should be made. As part of this process, staff has been reviewing all application types and determining the average number of hours needed to process each. During this research, it was determined that for projects where an entitlement or permit was already issued and modifications were required, the staff time needed to process the modification is roughly 50 percent less than the time needed to process the original application. The City still charges the full rate as if it were an original application. Using this methodology, staff is proposing to create a series of new fees for the modification of an existing permit or entitlement that would be one half (''/z) the cost of the original permit. Approving these fees with the Development Code Update would allow the business and development community an immediate opportunity to begin taking advantage of these lower fees for modifications to projects as needed. Exhibit H illustrates the existing application fees with their proposed "modification" fees which will be added to the existing fee schedule. In addition, a new application type is proposed in the Development Code Update called a Site Development Review (SDR). The purpose of the SDR is to take smaller projects that are currently captured in the Minor Development Review process, but do not have the same level of complexity or review. Since we were unable to adequately determine the exact number of hours needed to complete the application, it is proposed that a base rate of $98.20 per hour be billed on a deposit- based schedule until such time that we have adequately determined the average number of hours necessary to complete an SDR application. The billing approach will eventually be replaced by a fixed fee. DEVELOPMENT CODE MAINTENANCE: The Development Code should not become a static document. Just as the community and the economy change and grow, the Development Code should also be reviewed and refined not just to keep up with change and growth, but to anticipate it. Planning staff is working on developing a regular work plan that will include annual reviews of the Development Code and recommend changes. Staff will be developing a list of items that may be evaluated in the next Development Code review. ITEM CONTINUED TO JULY 18, 2012 CITY COUNCIL MEETING Please see the Notice of lonUnuanee P613 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2010-00571 AND DEVELOPMENT FEE SCHEDULE CITY OF RANCHO CUCAMONGA June 20, 2012 Page 13 ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, PMC has prepared an addendum to the General Plan Program Environmental Impact Report (SCH #2000061027). The Development Code Update does not propose any substantial changes in the City's development regulations that were not analyzed in the General Plan EIR or that will require major revisions of the EIR due to the involvement of new significant environmental effects, or a substantial increase in the severity of previously identified significant effects. As a consequence, an addendum is the appropriate level of environmental review. The addendum is provided and shown as Attachment 5 of the Ordinance. NOTICE: This is a recommendation to adopt a comprehensive update to the Development Code and related development fees affecting all parcels within the City of Rancho Cucamonga. Pursuant to Government Code Section 65090, this item was advertised 18 days in advance as a public hearing (1/8 page ad) in the Inland Valley Daily Bulletin newspaper. No individual notice to property owners was provided. Respectfully submitted, /~~%-~ effrey A. loom Interim Planning Director JAB:JN/Is Attachments: Exhibit A -Key Changes Matrix Exhibit B -Land Use Table Translation Exhibit C -Table of New Land Uses Exhibit D -Letter from the Thomas Winery Plaza Property Owner, LLC dated April 18, 2012 Exhibit E -Letter from the Building Industry Association dated May 1, 2012 with response from the City dated May 10, 2012 Exhibit F -Letter from Dedeaux Properties dated May 2, 2012 Exhibit G -Comments from Charlie Buquet received via a-mail on April 26, 2012 Exhibit H -Proposed Fees Exhibit I -Draft Planning Commission Minutes dated May 23, 2012 Exhibit J -Signed Planning Commission Resolution #12-23Recommending Approval of Municipal Code Amendment DRC2010-00571 Draft Ordinance of Approval for Municipal Code Amendment DRC2010-00571 Draft City Council Resolution adopting new development fees for planning services. 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X V O N ~ Vl O N N N N o °- o c o '~ U U r n 9 7~ ~ =• ~~ c N N O N N ~ m U U N N N 7 U L N 7 7 ~ 7 (` ~ N 7 N 0 U L~ d N N U U U N U N N 7 "' O ~ Q. ~ N H U C ~ H H ~ N F U 'O d O U d C d s_ C N d C l0 t v d Y d U o- C W ~X d d ~_ C .y L P624 i W CR C tll d s U d Y d O V d C d t C .y d L V d Y d 0 V a+ q! ~X d d Z C H Y Z d_ ~ a ~ c L a c ~~ L ' 3 c ~ ~ w ° ~ °. ~N d U d ~ m a d c d c N N ,~ ' a~mEo .N c U d vi o~ - aaE ~' o a .~oo,~ c~ d' ~ ~3 o 0 maU ~O o vd~Q > c :o ~ U c O O.o m 'n m-o U~ y m c m c o ~ - m - w m o m m m m '~' d a a~ m a U~ d a n ~ 0 0 v ~ ca m • N o m-o ~ o ' X a~ 0 -o L o c U m m ~ N S] t0 ~ .o c . .. d ~ S n .- X C v N N U C w N 'Q N 'O O ~ (0 O N O "O E C~ N U O. ~ . ~ E N~ c ~' N Oa p_ O U o ~ rn ° tpLO 3 a i N 'yv ~ m c ~ m~ ~ . 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U N~ C N O U C ~ C N U C c ~ L N (p O N f0 C y 0 C O ~ ~ ~ N 'O ~ C 7 N N C V >- f6 ~ r N ~ 0 r 0 0 d m c~ w~ o a~ o- ~ .- y U a E s Z` 'o m ~ a L O C U U C~ d N~ r (6 C J U m r N d a 01 C O) ,,, ~ ;~ N l0 0 N ~ '~ L N O N ~ N -N ~ ~~ L L O N~ L L~ F ~ -o m ~ ~ li ¢1 U F- (7 c (A t) H E >, L vi o ~ . ~ ~ ~ .O Gi ' vi vi ~ X m ~ O o O - O - aNi ~ ~ U 'c 'c m o m ~ ~ ~ E ~ a ~ ~~ v N ~ O a'i aTi 01 ' C C d Y Y O G (0 ~ O N (6 N S] G > > ~ Ol N ~ N N N ~ ~ ~ (6 N N N "O N N N N N N -U N _N c a m N ~ E E N ~ N N N U L o . ~~ m3 y o ~~ c ~ o o d ~ N d N C • - N N C N 0 0 U N N O O) U C O N w 'O ~ ~p ` CO - O v E O in -o c 'c 'c O f0 o O U 'O U N ry U ~ U ~ ~ ~ ~ a C~ C N N N C C ~ ~? ~ ~ N in ~ N d O O O U O d > > U N U L ~ U U L N ` L L y ~ ` L L F- m H 3 -o LL F H Residential Land Use Translation Current Land Use Description New Land Use Description Sin le-Famil Detached Dwellin ,Sin le-Famil Sin le-Famil Attached du-, tri-and four- lex Dwellin , 2 Famil Multi Ie Famll Dwellin s Dwellin ,Multi-Famil Mobile Home Parks Mobile Home Park Animal Care Facili Veterina Facili Cemete Cemete /Mausoleum Church Assembl Use Club, Lod e, Fraterni & Sorori Assembl Use Colle a or Universi School, Colle e, Universit Public/Private Convalescent Center Medical Services, Extended Care Public Facilit Communit Center/Civic Use Da Care Facilit Accesso - 6 or less Famil Da Care Home, Small Da Care Facilit Non-Accesso - 7 or more Famil Da Care Home, Lar e Fire & Police Station Public Safet Facilit Hos ital Medical Services, Hos itals Outdoor Recreation Facili non-commercial Resource Related Recreation Public Park and Pla round Park and Public Plaza Residential Care Facili Accesso - 6 or less Residential Care Home Residential Care Facility Non-Accessory - 7 or more Residential Care Facility Schools, Private 8 Parochial School, Academic, Private Stable, Commercial E uestrian Facili ,Commercial Stable, Private E uestrian Facili , Hobb Utility or Service Facility Utility Facility and Infrastructure -fixed base structure Caretaker's Residence Caretaker Housin Guest House Guest House Second Dwellin Unit includin elder cotta a Dwellin ,Second Unit Feed & Tack Store (if accessory to commercial stable Equestrian Facility, Commercial Dormito if accesso to colle a or school School, Colle e, Universit Public/Private P625 EXHIBIT E Commercial/Office Land Use Translation Current Land Use Designation New Land Use Designation P626 Administrative and executive offices. Office Business and Professional Artist and photographic studios, not including the sale of Art, Antique and Collectable Shop e ui ment or su lies. Clerical and rofessional offices. Office Business and Professional Financial services and institutions, including drive-through ganks and Financial Services banks. Medical, dental, and related health services (non-animal related), including laboratories and clinics; only the sale of Medical Services -General articles clearly incidental to the services provided shall be ermitted. Prescription pharmacies, (also when located within a building Retail, General containing the offices of 5 or more medical practitioners) Retail, Accessory Public buildings (city and county buildings, special districts, Commercial Center/Civic Use and ost office . Public unlit service offices. Office Business and Professional Public safety facility (police, fire, ambulance and paramedics). Public Safety Facility Related commercial uses (blueprinting, stationary, quick Accessory Retail, Business Supply Services copy, etc.) when incidental to an office building or complex. Anti ue sho s. Art, Anti ue and Collectable Sho Animal Care Facility (animal hospital, veterinarian, Veterinary Facility, Animal Sales & Grooming commercial kennel, roomin A arel stores. General Retail Art, music, and hoto ra hic studios and su I stores. General Retail A liance stores and re air. Furniture, Furnishin and A liances Arcades (see special requirements per Section 17.10.030 F.). Indoor AmusemenUEntertainment Facility LargelSmall Athletic and Health Club, gyms, and weight reducing clinics. Indoor Fitness and Sport Facility/Personal Services Automotive sales and services (including motorcycles, boats, Auto and Vehicle Sales and Rental trailers, and cam ers . Automotive Services -Sales. Auto and Vehicle Sales and Rental Automotive Services -Rentals. Auto and Vehicle Sales and Rental Automotive Services -Repairs (major engine work, muffler Vehicle Services -Major sho s, aintin , bod work, and u holste Automotive Services -Coin-o washin Car Washin and Detailin Automotive Services -Automatic washin Car Washin and Detailin Service or gasoline dispensing stations (including minor Service StationsNehicle Services -Minor ' repair such as tune-ups, brakes, batteries, tires, mufflers). Automotive Services -Parts and su lies. Auto Parts Sales Automotive Services -Tire sales and service (no outdoor Vehicle Services -Minor stora e . Bakeries retail onl Restaurant - No li uor service Barber and beaut sho s. Personal Services Bic cle sho s. General Retail Blue rint and hotoco services. Business Su ort Services Book, gift and stationary stores (other than adult related General Retail material . Commercial/Office Land Use Translation Current Land Use Designation New Land Use Designation P627 Cand Stores and Confectionaries Restaurant - No li uor service Caterin establishments. Restaurant - No li uor service Cleanin and ressin establishments. Personal Services Car enter sho or cabinet sho General Retail Cocktail lounge (bar, lounge, tavern) including related entertainment o erated inde endent of a restaurant. gar/Nightclub Cocktail lounge (bar, lounge, tavern) including related entertainment accesso to a restaurant. Restaurant -Full liquor Commercial recreation facilities. Indoor Amusement EntertainmenVlndoor Sports and Fitness/ Outdoor Commercial Recreation Commercial recreation facilities -Indoor uses such as bowlin ,theaters, billiards, etc. Indoor Amusement Entertainment/Indoor Sports and Fitness/ Outdoor Commercial Recreation Commercial recreation facilities -Outdoor uses such as golf, tennis, basketball, baseball, tram olives, etc. Indoor Amusement Entertainment/Indoor Sports and Fitness/ Outdoor Commercial Recreation Dai roduct stores. General Retail Delicatessens. Restaurant - No li uor service De artment stores. General Retail Drive-in businesses, including theaters. (other than fast food restaurants . Drive-in and Drive-thru Sales and Services Dru stores and harmacies. General Retail E ui ment rental ards. E ui ment Sales and Rental Electronic goods (i.e. TV's, stereos, radios, VCR's) sales and service. General Retail Fast-food restaurants. Restaurant - No li uor service FeedlTack stores. General Retail Florist sho s. General Retail Food stores and su ermarkets. Groce Store/Su ermarket Furniture stores, re air and u holste Furniture, Furnishin and A liances General retail stores. General Retail Hardware stores. General Retail Home improvement centers -Material stored and sold within enclosed buildin s. Home Improvement Supply Store Home improvement centers -Outdoor storage of material such as lumber and buildin materials. Home Improvement Supply Store Hotels and Motels. Hotel and Motel Janitorial services and su lies. Business Su ort Services/General Retail Jewel stores. General Retail Laund self-service. Personal Services Li uor stores. Li uor Store Locksmith sho General Retail Massa a establishments. Massa a Establishment Mortuaries and cemeteries. Cemete /Mausoleum Music, dance, and martial arts studio. Indoor Fitness and S orts Facili News a er and ma azine stores. General Retail Nurseries and garden supply stores; provided, in the NC district, all equipment, supplies and material are kept within an enclosed area, and provided that fertilizer is stared in acka ed form onl . Garden Center/Plant Nursery Office and business machine stores. General Retail Office su I stores. General Retail Commercial/Office Land Use Translation Current Land Use Designation New Land Use Designation P628 Parkin facilities commercial where fees are char ed. Parkin Facili Pawn sho s. Pawn Sho Pet sho Animal Sales and Groomin Political or hilanthro is head uarters. Office Business and Professional Plumbin sho and su lies. General Retail Photoco Business Su ort Services Printin sho s. Business Su ort Services Restaurants (other than fast food) -with entertainment and/or cocktail loun a and bar. Restaurant -Full liquor Restaurants (other than fast food) -incidental serving of beer and wine but without a cocktail lounge, bar, entertainment, or dancin . Restaurant -Beer and Wine Shoe stores, sales and re air. General Retail Second-hand store. Consi nment Store S iritualist readin s or astrolo forecastin Personal Services S ortin nods stores. General Retail Stam and coin sho s. Art, Anti ue and Collectable Sho Swimmin ool su lies. General Retail Tailor. Personal Services Taxidermists. Animal Sales and Groomin Thrift store. Thrift Store To stores. General Retail Travel a encies. Office Business and Professional Trans ortation facilities train and bus, taxi de ots . Transit Facilit Truck and trailer rental, sales and service. Auto and Vehicle Sales and Rental Varie stores. General Retail Da Care Facilities. . Child Da Care Facili /Center Convalescent facilities. Medical Services -Extended Care Hos itals. Medical Services -Hos itals Private and public clubs and lodges, including YMCA, YWCA, and similar outh rou uses. Assembly Uses, Indoor Fitness and Sports Facilities Educational institutions, parochial, private (including colleges and universities . School, Academic (Public/Private), School, College Libraries & museums, ublic or rivate. Libra and Museum Parks and recreation facilities, ublic or rivate. Outdoor Communi Recreation/Park, Public Plaza Public utilit installations. Utili Facili and Infrastructure -fixed base Vocational or business trade schools. Schools, S ecialized Education and Trainin Churches, convents, monasteries, and other religious institutions. Assembly Uses Emer enc Shelters Emer enc Shelter Caretakers residence. Caretaker Housin Foothill Boulevard Land Use Translation Current Land Use Description New Land Use Description Anti ue Sho s Art, Anti ue, and Collectible A arel - Bouti ues General Retail A arel -General General Retail A liance Stores and Re air Furniture, Furnishin , and A liance Art, Music, Photo ra hic Studios, and Su I Stores General Retail Auto Service Station Service Stations Auto Service -Sales with ancilla re air facilities Auto and Vehicle Sales and Rental Auto Service -Rentals Auto and Vehicle Sales and Rental Auto Service Minor Repair (does not include major engine work, muffler sho s, aintin , bod work, u holste ,etc. Vehicle Services -Minor Auto Service -Coin-o Washin Car Washin and Detailin Auto Service -Automatic Washin Car Washin and Detailin Auto Service -Parts and Su lies Auto Parts and Sales Bakeries retail onl Restaurant - No Li uor Service Barber and Beaut Sho s Personal Services Bed and Breakfast Bed and Breakfast Bic cle Sho s General Retail Blue rint and Photoco Services Business Su ort Services Book, Gift, and Stationery Stores other than adult related material General Retail Cand and Confectionaries Restaurant - No Li uor Service Caterin Establishments Restaurant - No Li uor Service China and Glassware Stores General Retail Churches Assembl Uses Cleanin and Pressin Establishments Personal Services Cocktail Lounge (bar, lounge tavern) including related entertainment Bar/Nightclub Commercial Recreational: - a Indoor uses such as bowlin and billiards Indoor Amusement/Eating Facility, Large and Small Commercial Recreational: b Outdoor uses such as tennis and basketball Outdoor Commercial Recreation Convalescent Facilities and Hos itals Medical Services -Extended Care Curtain and Dra a Sho s General Retail Da Care Centers Child Da Care Facilit /Center Delicatessens and S ecialt Food Stores S ecialt Food Store Drug Stores and Pharmacies: a Over 10,000 s uare feet General Retail Drug Stores and Pharmacies: (b) Pharmacies with or without specialty retail under 10,000 s uare feet General Retail Electronic Sales and Service TV's, Stereos, Radios, Com uters General Retail Educational Services: a Parochial, Private, Colle es, Universities School, Academic, Private/School, Colle a/Universit Educational Services: (b) Instruction, Tutoring, Counseling, Testing, Training Schools and Facilities Tutoring Center, Small/Large P629 Foothill Boulevard Land Use Translation Current Land Use Description New Land Use Description Educational Services: (c) Vocational, Technical, Trade, Business and Professional Schools School, Specialized Education and Training/Studio Floor Coverin Sho s General Retail Florist Sho s General Retail Furniture Stores Furniture, Furnishin , and A liance Hardware Stores General Retail Health and Athletic G ms and Wei ht Reducin Clinics Indoor Fitness and S orts Facili Small/Lar e Hobb Sho s General Retail Ice Cream Stores and Soda Fountains Restaurant - No Li uor Service Janitorial Services and Su 'lies Business Su ort Services Jewel Stores General Retail Laund Self Service Personal Services Leather Goods and Lu a e Stores General Retail Libraries and Museums, Public and Private Libra and Museum Li uor Stores Li uor Store Messen er and Wire Services Business Su ort Services Mixed Use Public Stora a Stora e, Personal Stora a Facili Mortuaries and Cemeteries Cemete /Mausoleum Music, Dance, and Martial Arts Studios . Indoor Fitness and S orts Facili Small/Lar e News a er and Ma azine Stores General Retail Nurseries and Garden Supply Stores Within Enclosed Area Garden Center/Plant Nursery Offce, Business Machine and Computer Component Stores General Retail Office Su I Stores General Retail Paint, Glass, and Wall a er Stores General Retail Parkin Facilities Commercial where fees are char ed Parkin Facili Parks and Recreation Facilities, Public and Private Outdoor Commercial RecreationlPark Public Plaza Pet Sho s Animal Sales and Groomin Photoco Xerox Business Su ort Services Political or Philanthro is Head uarters Office, Business, and Professional Public and Private Clubs and Lodges, including YMCA, YWCA, and similar Youth Grou Uses Assembly Uses/Indoor Fitness and Sports Facility Record and Ta a Stores General Retail Recreational Vehicle Stora a Yards Recreational Vehicle Stora e Restaurants (sit down): a With entertainment and/or cocktail loun e, bar Restaurant -Full Liquor Service Restaurants (sit down): (b) Incidental serving of beer and wine (without a cocktail loun e, bar, entertainment or dancin Restaurant -Beer and Wine Restaurants (sit down): c cafe, limited to 20 seats includin outdoor seatin Restaurant - No Liquor Service Restaurants (fast food): d With drive-thru Restaurant - No Liquor Service/Drive Thru Restaurants (fast food): d Without drive-thru Restaurant - No Liquor Service/Drive Thru Shoe Stores and Re air Sho s General Retail P630 Foothill Boulevard Land Use Translation Current Land Use Description New Land Use Description S ecial Retail General Retail Sporting Goods Stores: (a) Specialty; Backpacking, Tennis, Skiing, Mountaineering, Fishin ,etc. General Retail Sporting Goods Stores: b General; Encom assin a varie of s orts a ui ment General Retail Su ermarkets Groce Store/Su ermarket Swimmin Pool Services and Su lies General Retail Tailor Sho s Personal Services To Stores General Retail Variet De artment Stores, Junior De artment Stores General Retail Veterihary (domestic): a Non-boardin Veterinary Facility Veterinary (domestic): b Boardin Veterinary Facility Watch and Clock Re air Stores General Retail Yarda a Goods Stores General Retail Arcades Indoor Amusement/Entertainment Facili Cultural Artist Exhibits: a Indoor Galle and Art Sales Art, Antique, Collectible Shop Discothe ues Bar/Ni htclub Theaters: a Dinner Theater Restaurant -Beer and Wine/Restaurant -Full Li uor Service Theaters: b Movie Theater includin Multi lex Theaters and Auditoriums Banks, Finance Services and Institutions, Including Drive- Thru ganks and Financial Services Business and Office Services Business Su ort Services Interior Decoratin Firms Office, Business, and Professional Medical/Dental Offices and Related Health Clinics Medical Services -General O tician and O tometrist Sho s Medical Services -General Realtors and Real Estate Offices Office, Business, and Professional Travel A encies Office, Business, and Professional Transit Facilities Transit Facili Public Utili Installations Utili Facili and Infrastructure -fixed based Sin le-Famil Detached Dwellin ,Sin le-Famil Sin le-Famll Attached du lex, tri lex, four lex Dwellin ,Two-Famil Multi-Famil Dwellin s Dwellin ,Multi-Famil Ancillary Residential Uses: Home-Care Facilities (6 or less) Residential Care Home Hotel/Motel Hotel and Motel Hotel Facilities ma'or Hotel and Motel P631 Industrial Land Use Translation Current Land Use Description New Land Use Description Custom Manufacturin Manufacturin ,Custom Li ht Manufacturin Manufacturin , Li ht Medium Manufacturin Manufacturin ,Medium Hea Manufacturin Manufacturin ,Hea Minimum Im act Hea Manufacturin Manufacturin ,Minimum Im act Hea Industrial Administrative & Office Office Business and Professional/Accesso Office Professional/Desi n Services Office Business and Professional/Accesso Office Research Services Research and Develo ment Public Stora a Stora e, Personal Stora a Facilit Li ht Wholesale, Stora e & Distribution Wholesale Stora a and Distribution - Li ht Medium Wholesale, Stora e 8 Distribution Wholesale Stora a and Distribution -Medium Heav Wholesale, Stora e & Distribution Wholesale Stora a and Distribution -Hea Materials Recove Facilities -Collection Facilities Rec clin Facili -Collection Materials Recovery Facilities -Processing Facilities Recycling Facility -Processing Materials Recove Facilities -Scra O eration Rec clin Facili -Scra and Dismantlin Administrative Civic Services Communi Center/Civic Use Convention Centers Convention Center Cultural Libra and Museum/Theatre and Auditorium Da Care Facilit Child Da Care Facilit /Center Emer enc Shelter Emer enc Shelter Extensive Impact Utility Facilities Utility Facility and Infrastructure -Fixed base facilities Public Assembl Assembl Uses/Outdoor Commercial Recreation Public Safety & Utility Services Public Safety Facility/Utility Facility and Infrastructure - Fixed base Reli ious Assembl Assembl Uses Schools Schools, Academic (Private), (Public), School, College and Universi Public/Private Adult Entertainment Adult Oriented Business A ricultural/Nurse Su lies 8 Services Garden Center/Plant Nurse Animal Care Veterina Facili Automotive Fleet Stora a Auto and Vehicle Stora e Automotive Fuelin Services Service Stations Automotive Rental Automotive and Vehicle Sales and Rental Automotive/Li ht Truck Re air -Minor Vehicle Services, Minor AutomotivelTruck Re air - Major Vehicle Services, Major Automotive Sales and Leasin Automotive and Vehicle Sales and Rental Automotive Service Court Vehicle Service, MinoNVehicle Service, Major/Service Stations Automotive Service Station Service Stations Buildin Contractor's Office & Yards Stora a Yard/Ancilla Office Buildin Contractor's Stora a Yard Stora a Yard/Ancilla Office Buildin Maintenance Services Business Su ort Services Buildin & Li ht E ui ment Su lies & Sales Maintenance and Re air, Small E ui ment Business Su I Retail 8 Services Business Su ort Services Business Su ort Services Business Su ort Services Communication Services Broadcastin and Recordin Studios Convenience Sales & Services Retail, Accesso Cremato Services Cremato Services P632 Industrial Land Use Translation Extensive Impact Commercial Theatres and Auditoriums/Drive in 8 Drive Through Sales Fast Food Sales Restaurant, No Li uor Service Financial, Insurance & Real Estate Services Office Business and Professional Food 8 Bevera'e Sales Convenience Store, Li uor Store Hea E ui ment Sales & Rentals E ui ment Sales & Rental Hotel/Motel Hotel and Motel Indoor Wholesale/Retail Commercial Retail, General, Retail Warehouse Club Laund Services Wholesale Stora a and Distribution, Li ht Medical/Health Care Services Medical Services, Extended Care, General, Hos ital Personal Services Schools, S ecial Education and Trainin Petroleum Products Stora a Fuel Stora a and Distribution Recreation Facilities Indoor Fitness and S orts Facili -Small and Lar e Re air Services Manufacturin ,Custom Restaurants Restaurant, No Li uor Restaurants with Bar or Entertainment Restaurant, Beer and Wine, Full Li uor S ecial Buildin Su lies & Home Im rovement Home Im rovement Su I Store Warehouse-St le Retail Merchandisin Retail, Warehouse Club P633 P634 NEW LAND USES IN THE DEVELOPMENT CODE AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Use/Zoning J ~ ~ ~ ~ ~ x ~ = ~ g a O v z v C7 v V v ~ v to a O x = w O ~ x v u v District ~ . ~ Residential Uses Emergency N N N N N N N N N C N N N N C N N N N N N Shelter Group C C C C C C C C C C C C N N N N N N C N N Residential Live-Work N N N N N N P N N N N N N N N N N N N N N Facility Manufactured P P P P N N N N N N N N N N N N N N P N N Home Mobile Home C C C C C C N N N N N N N N N N N N N N N Park Single-Room Occupancy N N N P P P P N N N N N N N N N N N N N N Facility Transitional P P P P P P P N N N N N N N N N N N P N N Housing Recreation, Resource Pre servation, Open Space, Education, and Publi c As sembly Uses Tutoring Center - N N N N N N C C C C C C N N N N N N N N N Large Tutoring Center - N N N N N N P P P P P P N N N N N N N N N Small Utility Transportation Public Facility and Communication Uses , , , Broadcasting and Recording N N N N N N N P N P N N N P P N N N N N N Studios Utility Facility and Infrastructure - N N N N N N N N N N N N N C C C C C N C C Fixed Based Structures Utility Facility and Infrastructure - P P P P P P P P P P P P P P P P P P P P P Pipelines Retail Service and O ffice Us es , , Call Centers N N N N N N N N N N N N N C C N N N N N N Card Room N N N N N N N N N N N N N N N N N N N N N Check Cashing N N N N N N P N P P N N N P N N N N N N N Business Gun Sales N N N N N N N N N C N N N N N N N N N N N Hookah Shop N N N N N N C N N C N N N N N N N N N N N EXHIBIT C P635 Land Use/Zoning ~ y ~ ~ ~ ~ s g = ~ g a O v z v c7 V v V ~ v cn a - _ O = _ _ O x ~ ~ District ~ Internet Cafe N N N N N N P P P P P P N P N N N N N N N Pawnshop N N N N N N N N N C N N N N N N N N N N N Secondhand N N N N N N P N P P N N N N N N N N N N N Dealer Shooting Range N N N N N N N N N N N N N N C N N N N N N Smoke Shop N N N N N N N N N C C C N N N N N N N N N Tattoo Shop N N N N N N N N N C C C N N N N N N N N N Automobile and Vehicle Uses Auto and Vehicle Sales, N N N N N N N P P P P P N P N N N N N N N Autobroker Auto and Vehicle N N N N N N N P P P P P N P P N N N N N N Sales, Wholesale P636 Thomas Winery Plaza Property Owner, LLC 7945 Vineyard Avenue, Suite D-5 Rancho Cucamonga, CA 91730 plwne 805.604.2640 fax 805.604.2641 April 18, 2012 City of Rancho Cucamonga Planning Director 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: Thomas Winerv Plaza ("TWP") -Comments to Proposed New Development Code Dear City of Rancho Cucamonga Planning Director, We aze in receipt of the Proposed New Development Code ("New Code" or "Proposed Code") released to the public on April 5, 2012. We have reviewed Proposed Code and have some serious concerns about the uses that will be allowed in TWP; we feel the uses aze too restrictive and.wil] impede business, progress and the overall health of the City. Recently, after meeting with Candyce Burnett and other City Planning Staff, we aze hopeful that some adjustments can be made to the New Code that would promote more even and fair competition, inclusion of compatible business uses, and a development code that is less restrictive than the current code. There seemed to be agreement that the intention of the New Code was to be less restrictive and promote more uses; a helpful sentiment in the post-recession environment we live in today. We respectfully offer the following comments for your review and consideration TWP IS "SPECIAL" WITH A ZONING OF SPECIATLY RETAIL TWP is home to a historical building, the Thomas Brothers Winery, which comprises approximately 10% of the rental space at TWP. The historical building is sun•ounded by structures built in the mid to late 1980's; these structures are similar in nature to our adjacent and neazby neighbors. Our zoning of Specialty Retail is only used on two sites in the city, and unfortunately our entire shopping center is zoned Specialty Retail, instead of just the parcel with the historical building. This zoning designation has been restrictive and an impediment to business and fair competition between TWP and our neighbors. We have had several meetings with City Staff and City Councilmen that have agreed the current zoning is too restrictive. EXHIBIT D P637 There was discussion that the Specialty Retail zoning designation may be removed from the code; when it survived, there was discussion that additional uses would be allowed and there would be no uses removed -effectively easing the restrictions that have impaired competition and business. The New Code keeps TWP as "special" with a zoning of Specialty Commercial. While we understand and support the spirit of our "special" status, we believe there are oversights and omissions that have actually made the New Code more restrictive. We hope this was unintended and can be corrected quickly. In the spirit of the special zoning, we suggest the city allow any mazginal uses (uses that would be appropriate in the 1980's structures, and maybe not appropriate in the historical building) with a Conditional Use Permit ("CUP"). By controlling the CUP approval process, the City will still have some protection of the use of the historical building and still be able to allow these uses in the newer buildings. If uses aze prohibited by the code, there is no room for City Staff to allow a business with a mazginal use to fit into TWP. USES UNDER THE NEW CODE Our review of the New Code has resulted in four categories of concern over uses; a list of the uses is attached to this letter as an exhibit, with a short description of the four categories below. Section A -Previously aaoroved Uses. not allowed . Section A of the exhibit lists all uses that are currently allowed under existing code, and appeaz to be prohibited under the New Code. Many of these uses aze necessary in order for TWP to compete with neighboring properties and the implementation of the New Code, as proposed, would have a crippling effect on TWP. We request these uses be expressly allowed in TWP. Section B -Previously aparoved Uses, we cannot fmd in the New Code Section B of the exhibit lists all uses that aze currently allowed under existing code, and we cannot find a similar use in the New Code. We found the existing code table to be more specific with regard to uses than the New Code. We would like clarification as to where these uses fall under the New Code and confirm that these uses are allowed at TWP. Implementation of the New Code as proposed would cause confusion and a challenge to identifying which businesses could be allowed in TWP. We request these uses be allowed in TWP. P638 Section C -New Uses, not previously defined, that should be allowed Section C of the exhibit lists all uses that were not defined under existing code, and appeaz to be prohibited under the New Code. These uses aze allowed in other retail centers in the City and are complementary to our center, and should be allowed in order to provide a competitive environment. We request these uses be allowed in TWP. Final Section -Previously approved Uses that appear to be allowed The Final Section of the exhibit lists all uses that are currently allowed under existing code, and appear to be allowed under the New Code. The list shows the current description of use, followed by the New Code description of use that is allowed at TWP. We would geatly appreciate City Staff confirming that these uses will be allowed under the New Code. We hope this information will be an integral part of our joint efforts to enact a New Code that is healthy for the City, its residents, and its businesses. We would like to sit down with staff soon to discuss changes necessazy to the New Code. Thank you for your consideration. Sincerely, THOMAS WINERY PLAZA PROPERTY OWNER, LLC Michael D. Chesser Manager MDC:ss Encl: CC: John Gillison, City Manger Candyce Burnett, Senior Planner P639 List of Uses Section A Previously approved Uses that are not allowed under new development code: .(Current code descriptions) 1. Bed and Breakfast (CUP) 2. China and Glassware Stores-new category of Furniture, Famishing and Appliance Store 3. Educational Services- Tutoring 4. Farmers' Mazket 5. Furniture Stores-including repair 6. Liquor Stores 7. Specialty Retail 8. Veterinary (domestic)-Non-boazding 9. Veterinary (domestic)-Boarding 10. Theaters: Dinner Theater (Theater and Auditorium is not allowed under new code) 11. Administrative, Business and Professional Offices 12. Realtors and Real Estate Offices 13. Travel Agencies 14. Banks, Finance Services and institutions, including drive-thru (drive thru is not pemutted under new code) Section B Previously approved Uses that we cannot trace to new development code: 1. Bicycle Shops 2. Candy and Confectioneries 3. Catering Establishments 4. Cleaning and Pressing Establishments 5. Delicatessens and Specialty Food Store 6. Record and Tape Stores 7. Toy Stores 8. Watch and Clock Repair Stores 9. Cultural Artist Exhibits: Outdoor Art Exhibits 10. Interior Decorating Firms Section C New Uses under new development code that should be approved or CUP in order to be competitive: 1. Tutoring Centers 2. Business Support Services (e.g. mail box services, photocopying, notazy, etc.) 3. Consignment Store 4. Convenience Store 5. Drive-In/Drive-Through Sales and Services--financial services. P640 6. Furniture, Famishing and Appliance Store 7. Internet Cafe 8. Liquor Store 9. Massage Establishment 10. Office, Business and Professional 11. Office, Accessory 12. Veterinary Facility List of Uses we traced to new development code Uses but we would like confirmation city agrees with our conclusion: (Current Use Description-New Use Description or Category) 1. Antique Shops -Art, Antique, Collectible Shop 2. Apparel-Boutique -Retail, General 3. Apparel-General-Retail, General 4. Art, Music, Photographic Studios and Supply Stores-Retail, General 5. Bakeries (retail only) -Retail, General 6. Bazber and Beauty Shops-Persona] Services 7. Book, Gift and Stationary Stores (other than adult~Retail, General 8. Cocktail Lounge (bar, lounge, tavem~Baz/Nightclub 9. Commercial Recreafional-Indoor uses such as bowling and billiards -Indoor Fitness and Sports Facilities Lounge 10. Curtain and Drapery Shops-Retail, General 11. Drug Stores and Pharmacies (Pharmacies with or without specialty retail under 10,000 sq. ft.-Retail, General 12. Florist Shop-Retail, General 13. Furniture Stores-Retail, General 14. Health and Athletic Gyms and Weight Reducing Clinics-Indoor Sports Facilities and Medical General 15. Hobby Shops-Retail, General 16. Ice Cream Stores and Soda Fountains-Restaurant, Sit-Down, No Liquor Service 17. Jewelry Stores-Artisan Shop 18. Leather Goods and. Luggage Stores-Retail, General 19. Music, Dance and Martial Arts Studios-Indoor Fitness and Sports Facilities 20. Newspaper and Magazine Stores-Retail, General 21. Pet Shops-Animal Sales and Grooming 22. Shoe Stores and Repair Shops-Personal Services 23. Sporting Goods Stores-Retail, General 24. Tailor Shops-Personal Services 25. Variety Department Stores, Junior Department Stores-Retail, General 26. Arcades-Indoor AmusemenUEntertainment Facility 27. Cultural Artist Exhibits: Indoor Gallery and Art Sales-Art, Antique, Collectable Shop 28. Discotheques-Baz/Nightclub 29. Banks, Finance Services and institutions, including drive-thru-Banks and Financial Service May 1, 2012 Linda Daniels, Assistant City Manager Jennifer Nakamura, Associate Planner CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive PO Box 807 Rancho Cucamonga, CA 91730 SUBJECT: BIA BALDY VIEW CHAPTER COMMENTS FOR NEW DEVELOPMENT CODE Dear Ms. Daniels, BIA P641 Baldy Vie»' Chapter Muil<iing Intlu>trc A~wcinbun ~H Southern Culi nrniu. Ine. 8711 Mrnu~ne Corot. Suite 13 Rancho Cucanumca. California 91730 ph 909.991.1884 fa 909.948.9631 ww~w.biabuild.com Thank you again for meeting with us on April 17`h to discuss the revisions of the new Development Code for the City of Rancho Cucamonga. We respectfully request that you clarify the following questions and comments in writing at your earliest convenience: Paee 17.16-4 D. #2. Home Occupation Permi? Criteria -The section was very broad and thus could be left to the subjective interpretation of staff. Generally speaking, we agree that each decision that the City makes is based on the Health, Safety, and N/elfare of its residents. However, we are unclear on how [he terms "peace, morals, and comfort" apply to this section. Paee 17.20-5 #8 Preservation of existing topographic features-This goal is very subjective. While we believe it is important to preserve the natural environment surrounding a new development whenever possible, we hope to clarify what is expected and whether it will result in any additional costs for future development. Paee 17.20-6 #15 Energy Conservation for Design Reviews - We are assuming the word "encourage" is not synonymous with the word "require"? We request that the City allow the consumer market to dictate which energy conservation techniques the homebuilder offers in each community. Pace 17.20-8 #4 and #5 Design Review Process (Technical Review Committee and Grading Committee) -Does this section require the Design Review Committees occurjust after the first submittal? Is the grading and technical review committee required on projects that have installed improvements in place or only in the case where the plans for the grading and improvements are already approved by the City? Paee 17.24-2 D Overlay Zoning Districts - Can an Overlay Zoning District be applied to an existing Specific Plan without a SPA? EX H ~ B ~ ^ ~ m Iiniuc Builder, antl the Cdlfunuu Mudding Indu.u} vr~nci.au~n P642 Paee 17.36-2 Open Space Requirements - Do the open space percentages reflect the area on a typical residential lot on the space other than coverage by the home and surrounding appurtenances? Does this requirement reflect the percentage required on each individual lot rather than the project as a whole? Paee 17.36-2 Table 17.36.010-1 Development Standards for Residential Zoning Districts - - Front Yard - Is the setback reduced if there is a side on garage condition? - Interior Side Yard - 5'/S' X10' between buildings) should be the minimum setback on a SK foot lot. How is FAR calculated. If based on gross building area divided by parcel area, the MH and H districts are too restrictive. A 30 DUA project would have an average unit size of 726 SF. Paee 17.36-3 Table 17.36.010-1 continued Development Standards for Residential Zoning Districts - We believe we need exhibits for the distance between building/structures to better understand how this table would be implemented. Paee 17.36-4 ti5 Amenities -The item does not include the additional amenities required. Paee 17.48-2 A qi Materials and Maintenance/Wall Colors- Please clarify whether the builder is allowed to select the color and/or style of the interior side of the wall after meeting these requirements ji.e. precision interior walls or vinyl/wood behind the perimeter and return walls not visible from the ROW). Paee 17.48-3 B Graffiti Resistance - Is the graffiti resistant treatment intended for exterior walls only and not the interior side of the wall? Page 17.50-2 1" Paraeraph Green Building Code -Where is the Green Building Code Compliance Matrix located? Are there any additional requirements above and beyond the current California Green Building Code (CGBC) requirements? Will builders maintain the flexibility to select any options on the CGBC or does the city now have additional requirements. Page 17.58-7 Figure 17.58:060-2 Parking Lot Landscaping - Is the berm required or suggested? Paee 17.68-6 Table 17.68.050-1 .Parking Requirements By Land Use -Why would 1 additional bedroom (3 to 4) increase parking requirement by .7 stalls. Is there a study that backs this up? Pace 17.80-1 A. 2. Special Development Criteria -The current and future technology of solar energy systems should not determine lot orientation for future projects. Use and lot alignments should be determined by the site not by the future use of solar. Likewise, it seems overly restrictive to record easements for solar that limit what a homeowner can do with their yard. P643 Pace 17.86-4 3.i. Smart Irrigation Controllers-Smart irrigation controllers should be offered as an option to future homeowners rather than a requirement. Pase 17.110-6 K. 3. Model Complex banding- Is the model home bonding requirement to be determined on a project to project basis or is there a current standard bonding amount set by a resolution? Pace 17.110-7 #12 Box Trees for Model Complexes - We are concerned that 48" box trees are too large considering the sales complex is temporary and recommend that this be adjusted to 24"or 36". Paee 17.130-6 vi. and vii. Grading -The two requirements for minimum flat area for driveways and its maximum slope may be counterproductive. This should be left to the California Building Code, Universal Building Code and lot specific grading conditions. The use of the proposed requirements may result in houses set back abnormally far. We are concerned that large grade breaks in the driveway that can damage low riding vehicles. 17.132-1 A. 1. iii. Single Family Home Designs - Due to the topography and other factors sometimes unique to each lot, the garage side yard setback of 10'-12' requirement may not be possible and should be reduced to 5' particularly for smaller lot sizes. Paee 17.132-2 v. Varying Front Yard Setbacks - We would prefer not have varying front yard setbacks as a requirement. It will be very difficult to accomplish this on smaller lots. For example, a 25' setback from PL and a varied setback requirement would still have fit issues. In this case, we would instead recommend a 20' setback from PL with a variance. Thank you in advance for your consideration. We look forward to scheduling a meeting with you at your earliest convenience to discuss the responses to our aforementioned comments/questions. Sincerely, ~'~c°' / i L~ ~ C/ Carlos Rodriguez Chief Executive Officer - MRyoY L. DENNIS MICHAEL • A'ILLyaY PPOTen1 SAM SPAG NOLK74 / Couueil ]/~embert WILLIAM J. ALEXANDER, CHUCK BUQUE"P, DIANE WILLIAMS tatty Mmtsger ~OHN R. CiILLISON i THE CITY OF RANCHO CUCAMONGA RANCHO C,UCAMONGA May 10, 2012 Carlos Rodriguez BIA Baldy View Chapter 8711 Monroe Court, Suite B Rancho Cucamonga, CA 91730 Subject: Response to Comments for the New Development Code Dear Mr. Rodriguez: We appreciate the time you took to review the new Development Code. In response to your letter dated May 1, 2012, we hope this letter will clarify the questions and issues you presented. Page 17.16-4 D. #2. We did review with our consultant the terms "peace, morals and comfort" and we all agreed this is outdated language. We will be recommending its removal as part of an addendum to the public draft document that will be heard by the .Planning Commission on May 23, 2012. Page 17.20-5 #8 This statement explains one of the goals of the Design Review process. How this is implemented is reviewed on a project by project basis and is dependent on the location of the proposed development and existing site characteristics. Page 17.20-6 #15 The City is not proposing to require any specific energy conservation for design review entitlements; we prefer to encourage applicants to consider energy conservation in their design. Page 17.20-8 #4 and 5 A proposed project is only scheduled for committees (Design Review, Technical and Grading) once the application is deemed complete by the project planner. In the case of a Design Review entitlement, because these applications are proposing significant development, it is customary for the project to be reviewed by all three committees. 10500 Civic Cencer Dr. • @O. box 807 • Rancho Cucamonga, CA 9 1 729-08 07 • Tel (909) 477-2700 • Pax (909) 477-2849 • www.Ciryof]iC.us P645 Page 17.24-2 D A Special Planning Area is simply a term used to ,describe a variety of planning tools available for development (i.e. Specific Plan, Master Plan, Overlay District). This is more thoroughly described in Chapter 17.116. That said, an overlay district can be applied over an existing Specific Plan. Examples of this are our equestrian and .hillside overlay districts, which are applied over two specific plans. Page 17.36-2 The open space requirement is the minimum percentage of open space on a parcel or project and is what currently exists in the code today. Typically it is utilized on multi- family projects. We will review its compatibility on single family projects during a future annual code review. Page 17.36-3 Table 17.36.010-1 We will be adding new graphics to complement this table. Page 17.36-4 #5 We will be adding the required amenities to the code as they are currently required. Page 17.48-2 A#1 Interior wall color and style is at the discretion of the developer. Page 17.48-3 B Graffiti resistance is only required on the exterior walls, not interior sides of the wall. Page 17.50-2 The Green Building Code Compliance Matrix is currently under development and will be maintained and updated separately from the Development Code. We designed the Green Building Code to mirror the Tier 1 and Tier 2 standards of the California Green Building Code. We do not anticipate adding any unique requirements or options at this time. Page 17.58-7 Figure 17.58.060-2 The berm shown in the figure is illustrative of one way to provide screening. Page 17.68-6 Table 17.68.050 Staff conducted a study of surrounding cities for multi-family parking requirements to determine the proposed increase in parking for 4 bedroom units. P646 Page 17.80-1 A. 2. This is existing language from the current code that has been added to our list of items for a future annual code review. Page 17.86-4 3.i. AB1881 and the State Model Water Efficient Landscape Ordinance require the implementation of smart irrigation technology. Page 17.110-6 K.3. We have a standard bond amount that was set by a fee resolution in 2004. Page 17.110-6 K.3. We are proposing reducing the box tree size for model complexes from 48" to 36" as part of an addendum to the public draft document that will be heard by the Planning Commission on May 23, 2012. Page 17.130-6 vi. and vii. The grading requirements for driveways and driveway slope are current requirements from the existing code and are not being proposed for revision at this time. Page 17.132-1 A.1.iii. The standards for side yard setbacks and their orientation on a lot are current requirements from the existing code and are not being proposed for revision at this time. Page 17.132-2 v. The standards for side yard setbacks and their orientation on a lot are current requirements from the existing code and are not being proposed for revision at this time. Thank you for giving us an opportunity to provide clarification and answer your questions. If you have any further questions, do not hesitate to contact me. -~r~ ~~ Ust.f~~~""W L~^~- r akamura a Planner P647 May 2, 2012 Honorable Council Members: Hand Delivery -May 2, 2012 Rancho Cucamonga City-Hall l9~%£E6'SlY:5:3d+ J:<'.:?ivti~ 3,'3 T4E MR ~~w~~ .S* P.t:~ 7~6( (f1 A~~! We at Dedeaue Properties have been advised that there are city code changes proposed. We own two sites in-Rancho Cucamonga. Namely,. we own 1080:1 East Jersey and 9000 Rochester. We feel thaYthese code changes specifically pazking and signage will detrimentally affect ourbusiness, the business climate in Rancho Cucamonga, and eventually the city itself. In our opinion, the increase in required parking for industrial buildings needs further review..Dart Wazehouse and Dedeaux Properties operate wazehouse buildings across the country and we find that industrial warehouses need only minimal parking. In the city's opinion what is the average employment requirement for warehouse buildings? In addition to future construction planning; the code would be retroactive to existing industrial buildings making a lazge portion of existingstructures non-conforming. Should existing occupants in he city wish to change the physical stmcture of a building where would they find thepazkingT Next comment would be the-new signage requirement. In a multi-tenant pazk the occupants would need signage so visitors and transportation companies can find the correct company. How can this signage requirement be modified to allow propenand needed identification? Please considerour questions and requests as this planning {or code changes progress forwazd. Sincerely, /~ ~~-Luz,' l ~~ CrG"L-L'~ James C. Moore Property Manager JCM:dj DE~EAUX PROPERTIES, LLC' EXH I B IT F 1130 So. Eastman Ac~enue • Los Angeles, GA 90033 (333} 981-E353 ~ 'F.~,I" (333} _68-55"I P648 i N y N O d A = rn -,~ C N C Q y W .. C 'e ~ te E L F E o n h r o O C £' " d o s ~ t r y ' ' O n y c n0 N y> N~ O O _ L d ~' tl Vf - N L 3 '~ U N n ~ ,~.t O N v N ~ M1 L O aL.+ a~.+ t N OL... n C O~ o O N U f N E y .y„ ? d A 3 0 ~ y ~ A d c N ` L` ' ' ~ O C G °' y 3 ° > O ~ ~` ,.. e i ~ . o - - o f o ~ a = N f 0 C ~ aJ _ Y 0. ~ m r X 0 0 0 ~ N fi m A f6 'fl > .° N p l6 n E a ~~ c ~ - C v O N Q 'C ~ 'D t0 ~ C cC C l0 y N t0 ~ C~ u a O O W w p' O 0. 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N N o ? cs L E 0. bu Y o= o a L c w N 3 c~ m ti O •N ~ y i ~ ° .b O a E 0 o ~ ~ N L O ~~ y "~~ .y c o °om ° u y o ot c u m~~c ° aa~.m N v `u Q~. ~ u ° m m m E m 'H d L 3 ~L v m? ~ N y e .d y v c .; i E m m L o -° d y c ~' c ci rn o `-° a N> 3 v~ a U. ° h F o a ° F 'w o 'N 3 ~- c F• t c i u . w c ~, y EXHIBIT G P649 N N N w L_ 3 c a~ N .N C O U ~+ f6 U N L U N N f0 (0 w N rn c .; U 0 m 7 Vl C m .y `o w a 3 ~, _~ ~o N ~ c a~ ~ N - w ~~ o m~ s °7 Vl N U ~ C = m N N C N w .m N ~ ~~ iu o d b U O t u c a m U ¢` ~~E~' ~-L ~ E~~,; m K ., d' ~~m;=a c ~ C ~f y o ~ , n ; "; ~ ~ c P ~E~I ~ ~c c N m~ K5 ~ ~u+ i am C ~; y 0 ~N O ~ Q 'k~~ ~~ N Q m N ~O d N t0 N q'y; N ~- d N a . - , R C N C N > ~d Em Em m ear; 03 zE ~'9=; a E y w E Zi%L"~ ' " ~ U d L d N ~ - W U d TE , rE ~~ ~ ~ ~ ~~ ~ ~ ~ ai ~ ¢~ .W tM; a~ e~ n c~ d e as a= ~~ a ~ rn ~~~; ~. _ rn .N y rn~ y °. a~ ~~ a oi~ 'w y me in o P i,P~~~~ ' o ` _ , W o, _ ~ ~ ~ ~.~ r C ~ A C V ` C ~ m in E ~~ ~ m u y of i E ~~'7 ~ty~~ Mry ~ J n p~-~; A_' a0 ~ O ~~ y ao d fn 10 ~ "«~... W" N $i p ~^.. ~° ' Ci ~ _m - r C .e,. _ d C E O d - O N- c m E m N~ Sao m~-d ~~ ~~ ~, fC y `2 m p Q 41 ~ N T 9 h OW teU a~vror ~- ¢w h N .~ G N m .a L O y .C a N 01 O h N U m h a O a c a~ h~ ' O N .y J N ~ N ~ a a. o G o .°o ~ o a c a o ~a o ~ ~a a~ N ~ C ~ c ~ N h m m ~.~ h h m ~ .y c ~ U a a~ ao P650 r N N y m C G C O O ~? m O U w r--- O L M K3o m O .G N ~3~' m ~ e„ -. ~ - cxa n v o E E E -- t G tx ~ ~ ~ N.~ Q J O N N O ~ ~ N N ti Ui N { N ~ (D N O ~~ c y E'~ N x ~~t a i z. ~oaa~ ~ wE m ~ i N V E ~ U ~ ~ ~ ~ C O m . ,,. ~~ a~ c c N ~ m ~ a w'^ ' mrn c mG E m ~ n ` m O ~ ` E ~ n ° ~ n a ~ p .. ».- _ E ~ m y , _ om, m m ~rn. ma oac~ °a °a °~ N u t3 G= c E E c ~ w E h ~ ~y i ky E n i c c G c mn - n n - c G a-: ~ o v m~ E~ ~. m ~ ~ m o ~c G m e` ~ ~ av~ ~aW ~W ~ aw . u- ~~ O Y3 ~," ~. ~.~~ ~~ ~ A' V - c V Ci 'u ` Eg a i V E c ~ o ~E ~ o mH ' P- iac~ m o c qa ~m mm~v U,.. r j WZH 2'W nU O U ~ ~ y y 3 a °o a .~ •~ w o m ~ o o ~ t ~ `O V ~ ~ O7 y O O O O r O p a C~ N w y ~ C m U m ~ ' Q ~ N O y y ,N .:. h V ~ O ~ ~ ~ y 0 m N V y p C O m N y O O Q p Q y 0 O Y ~ N N L N O. U O - t o a ~ ~ E o ~ ~ N ~ y G C h U ma ~ = Qa ~? ~ ~ L +~ C _ ~ m yQ .. - ~y_ N 1 U o ~ ~ E ;.. 3 '~ p ~ m . p O m i O ~ ~ G • ~ ~ y ° a' ` ° ~ ~ a y O ~ ~ ~ m ~: p U O j LL h .- m a ~ c ~, •~ ti m ~ m o ~ = ~'a O O ~ y t y ~ m -co 3 y ,`~ a c ym °'~c °y °-~ _ ~ ~ y O S .C ( 4 t U E N O O ~ a N CI .~ E m a~ y c y .~ y +.. O a m p 0 0~ V' p y E ~ ~ m `° °i ~ ~' ~-o O 3 .a~a~i ~m O p y p 0 i V m° a ~ DoE mo o a o m m y c o m •~ ci ° 3 ~ . ~ ' 'c -c m o a~ a:_, o m m . y o ma . a . ~ c ~ N O .. N .. m 01 ~ t ~O V ~ p ~ ~ y a +-. U O p N y '~ O P651 ~ `o " ° ~ ~ o , ~ : U o "-' co ~ N O CV ~' a w o y -O h U c0 ~ O f0 N O L U_ C ~ C y N y 0 O a L D ~ O N ~ ~ ~ ~4 G i N ~ -OG C ~ ~ L 'p 0> h _ D) N O . O a1 N r.+ _ N ~'= n N O N 'O ~ .Q ~ U c C O .O-~ 7 `. N oa rn~ a~i o o : ~ a> ~° w ~ m cn m c ti : s O (`6 ~ n p ~ ~'~ ~ O w d ~. N ~ U ~ h ~ ~ ~ O ~ ~ ~ C E O tq O O M l0 "O N a C N ~ U U N N G O H O U ~ ~ N O ~~ C~ w% ~ O O ~Q'Q cp ~ C~ O ` Q y O G ~~ O ~ O L L N N i~ h O N ~ n O s E 3 fp U ? o f0 f/1 f6 c N ~ c L U G h 0 y O N ~ N .~ o 3 0 o E ca O G U L aci ~ •• y E Qm N N U (0 «, w .i U O +r o`~°a ~o ENm ~ o ° ° ' °i o 'o c G ~ m ~ G ~ 3 ~ c~ ~ a~ ~ ~ p ~ - c ~' .~ O N "-~ G (p .~ -..a O ' U C 7 y Q O f6 O~ o a O N ~ - O m rn~ a ~t ` ° ~ i . o a ~ c n m w G ° a_a~ ~ om ~ ~ O in , C -G ti O s °i ~ ~ -o ~ '~ y ~..~ o c +"' s ~, o~ ~ % ti~ o= a a N O y~ ~ O O C~ Q' N ~ w 7 ~ ~ ~ ~ O" X C O . h0 "-~ N~ N ~ + G O o f0 N ~ a Z+ C N "06 E ,~ ~ O> N L A N ~ U .,,, N ~,ti O ~, mom- m m o ~.~ ~ m ~ a°~o o n d::. 'o ~ om~~ ~ n-o w ~c- dL ma 3, rn~ • o ~ °~ ~ m ~ :~ ~w , Z E .c .o J U u) g N o ~ O E ~• v v v a 3 0 a L O L' m C m U .ti m 0 m c a t ~: a~ L O U C G.~ O ~-+ ~..~ C CJ U CO O L U ~ ~ ~ v ~ w ._ O 'CS O F. O O U i.+ U I-. fa ~ .a a. ~ fL i,,.:, bA L C CC ' 3 ~ o ~ ~ ~ o ~ ~ o o ~ •~ ~ ` ° _,~ ~~ „~`~ ~ J... t `~jt''~' ~ a~ o -a c ~ - c in o ~, ~~ ts. ~ '~ '' ~ ~ ~ ~ '~` ~ x.. ~ sz { .-~ . o ~; _ ~ a ~o ~ . ._ ~ N ~. -- fn f0 7 L. ~ O ~ 'C ~ ~ y OA ~ - cC s,,, s.. O C ~ O O om ~ t . ~ ~ ~ ~ . O ~ 7 O '-' N ~ ay.+ U ~ ~ ,~~' Qs o ~ a ~ P652 P653 N C O Q v x W c R .H. C d m •7 Q d N -o } a .~ Q d C N C O V d .O a L O C d L V O c w d O Q W L V 3 0 N uL 6 -p i m u o a uv 3 ~ u °~ N 6 N 5 u o j U C 6 .0.. 0 ~ 3 s E a 'X f6 n E no = N 0 T i 1 J i i V i i J I I 1 1 .' i N O _~ N c U ~ - 0 0• T ~o ~ ~ d O n w c o O U ~ N ~ O E > aQ m ~w W m .-. ,~ E .. d ~ mw L ~ j U ; w f0 .-. C f6 N W ^ ,_, ~ bo m c a~ a ~ ~- '4 '~ m N t N C N N Z ~ ~ N ~ w c '~ m y m m O G d y .O N .L... N y a' C N p N ~ ~ o c0 m ,.°o .aa'i 3 ~o w E 3~ E .C ~. o i° y U ~ ~~ o Y ~_ o ° h mn ny mio, dL.~ 3 N .,,. w ~ _ ~ N ~ ~ 0 ~ _ ~ l0 (J V ~ 3 cu ._ ~ d U O N ° ~ O) C O N U U d Q 3 N h y~ C y ~~ G O~ 4 C C% ~ ~a y m ~ mac c° 3 at c m 3 O aaE nam`y c~~~ vmi`oc~ ._ ° o nm~°? yam o W y i L O m °, `O L N G N V O y 3 m •~. m ao° d~_°ooa =~o d10 ~ c ° ~ e E Ea'>~c d`°y U~ QC ~ ~ a 3 „G G y d u7 V m Of n. ,O L ~~ L ~ d ~ % L . f6 h oa a7~mm~ L~~ a-O_im ~ O ~ ~O y .L.. C_ O G N n ~= L= U (`j a) N E C S C ... Q ry N N O N fO C G ° ~ m~d~t ~m.j Ewa o L ` a p, y~ ~ D ~ ns a m~ d U ca.e y=LO3 rnn` dy~Q m ova d3Ty~ xoY u~'~~ ~ ~.a.a v~=a~a 10d`m 2Y ~.`o U ~= a 01 N L °~ (0 E a N n~ c - ~ ~ ~ d y= L p 0°° O C~ O) C m c o ~ ~ E amoUC_ ?may c~a N s a~ m nmyg~m v~~ "'9~0 ~ ~ ~ ~ 0 0 0 ~ >. m ~ y ~ ~a c ~ m ~ ... Y ~' .~ ~ °i ~ r a~ E '= o S m u, o f m U ~ i a E N'O'o. `c do o ~ ~~ ~ ~ E ° ~ me c ~ ~ ~~.y > m~ m O N = E'a~ E Y ~o E~ _~ c~ c w (gyp y cy ~ayd wn~+UpO `~Ec LmG~ V ~ C~ y Y 'ZS ~_ C N G N N y C U Vl N% L~ ii l L 'O ._ O O C N O O -C Q U NN Q ee°i' m~Eacaio c=~ ~a 3C..'~.. O L a' °. = rn a °~ o d .a E ~ U ++ D y d o `O o C° C m ~ O y M~ .d. O c m N may y~~.c~m `mEo caciL i~ N.o O G i J ~.. o.~ ~.: L>`o$ «.L U m 0 O O L~ C.J t N to C !0 0 > N O y C y ~'1 °~ f[ - ~ ~ +.a G y a.: ~ Y .~, Y N ~ ay ~ ~d aSma°i~ uyG W° ~~ ~ r ~ ti y.G_•~o °3maayi~ ~~x c~ ~~ o. E m ~ E i e c ~`ajL ~~ o c p ~~ ~~ m ~.E voice O °.'`° y ° ~c_m~a3c `o~c ~0°-'9 ~ U +.° Ts y O a0+ 01 O N tea, (? C d N N O C Q d f0 m ... ~~ a a y z r ~ N ~ ~ d ~ U U d o ~ V ° 3 o a:_ P654 0 00 00 N N O V7 ~ O 7 d V O N ~_ 7 ~ ~ N ' y w C ~ w '- _ O w w O O7 N w O U d +..i ~ Q C ~ C N N 7 L O N. O _ L a L ' N m 3 ~ ` w +. •~ • w d ~ y ~ ~ f~/) N y y O y O O d N ~ N ~~ // N. O O O O ~ O N ~ y O O O O ~ O , ~ - N O Y r r r r ~ ~ ~ N f0 O L .~ Y L N N ~ N a N r il Q'7 ~ a a a a ~n a w~ ~ a .-- N M ~ N v ~ 0 0 a ~ 0 - ~ ~ v ~ C .~ N f6 U ~ o N .~ N C ~ _ y iii -~ °" ° C N N N O ~"~ V R ~ M C Y m N `~ f+ V 7 ~ ~ .~0 a C r ~ V ~ ~~ r N ~ ., ~ N ~ ~ V ~ 2 ~ ~ O O .,,, r ~ A , W L ~ = N N ~ ICO L L m O /~ // L L ~ O ea C v E +-' O oo o O ~ a , O 00 ~ c '~ o m ~ w 1p ~ ~-° v 00 ~ ~ t E rn v > ~ ~ ~ d ~ ~ ~~ N ~ i _ d (` w N C "O N O h O r ~ !Q N C 0 "O .~ .~O N C ~ ~ C C ~ l- 0 ~ - ' ~ y f ~ C ~ f0 ~, C N O y f0 ~ ~ f6 O : ~ 7 w V O . -. ~ ~ -O f6 t .. N ww O -N - o L f6 ... f6 m ~^ N 3 O ~ O m .~ c i ~ ~ O~ ~ N N ~+ ~ _ Z _ > C ~ O ~C7 C O ~ ~ O.m N N P655 ~ N m ~. O w ~~ ~ o ~' N ~ ~ ~ ~ O Ea ~ N-~ ~.C ~ - ~ ~ O~ Z ~ o. c ~ '+~~~ ~ ~ N a~ ~p ~ •C -O = tq ~ U w$ c }' p i a t~ (B _ .__. L Q ~ O~ v.. ~~ N N N .. N Q O O ~ ;a_ o y ~ .~ ~~ ~ N ~ ~ ~ C a U N +.. ~ Y v 'c L ~ ~ O .~ 'O ~ ~ ~ ~~ c ~ C U N m N m ~ ~ ~ ~ N O O ~ ~ O ~ N ~ ~ ~ O p~ OY ~w f15 ~:. +.. ~ ~ V ~ N ~ ~ ~ 'i ~ ~ L O ~ ~ O ~ ~ ~ v.. ~ ~ fSS ~ m E ~ J U O N ~ ti ~, ~ ~ •• ... Ot O ~O U h N d d ~ C ~ C O Q O V ~ fB m y E ~ ~ Q- O~ ~ O ~ C N p f4 ~, O N f0 E ~ m C> L "a~ m m ~ ~p N ~•~ ~~ a E S N m ~_ '~ .O O ~ w, N d >, ~ ~ Y C ~ ~ ~ w O ~ ~ (0 d~ c a L ~ Q O ~ ~ ~~' U~ cq ~ ° °' U a ~ v N ~ ~ cv W ~ ~ o a> o p ~ ~ N 7 0 G~ N L fp o ~ ~. N O ~ d U o ~ ~ h ~ C ~ ~ c m ~ ` N ~ U~ w o ~ ~ y ~~ ~ O Q ~+ 4 C~ p_ ~ ~ Q .~ (0 n N L Y E d L ~ c r m ~ ~ 0 O. ~ N fB ~ ~ ~ ~ U ,y O r' ~ a Q N 7 +J cII ~°~''~ y o 00 c a~i~ U ~ ma m~ m c Q ~ ~ v ~ (n 7 C j i~ N ~~ O a> N N q O> N ++ C ~ > ~ ~ ~ ~ = 7 f0 a 3 ~, ~ ~ ~ V ~ o o .n ~ '" ~ ~ s ~,~,~ ~, Y N y ~ ~~o coo ~, •~ ~ o N ~ a w` N ~ ~~ O J v~ d ~~ I~- P656 C E 0 U O O f6 U N U 2 w .~ C "° o N w N a O Q a N V7 U C a C tl7 C1 ~ m o o j p o ~ c ~ c c ~~ E . ~ o w m >~~ c O L~ -`o o n 'v ~ 0 E - wo m ~ m i 7 7 ~~ O O m ~ y L o C O ~ a-o ~ c ~,~ o E ~ L , ~ °' c as m ~ y ~ ~ C . •~ ~ .~ ~~ y ~ O ~ f6 U C C N Z E N O N - O U~ w~ N C y C N O d 'N e~ `~ ~ p N y T• C ~ ' f`6 ~+ n~ ~ N p 0 ~' t D O U f6 -p d . .. Q 3 n.. 7 C O y~ O~ ` O .~ m O N O U N a ~ O a ~omN Oo a Y vQ Eo ~ ~; w ~ vo f6 ~ ~ o ~ ~ o ai :. ". ~ >,c o y~5-O a m ~ N~ ~ ~ ~ c ~ ~~ ~ ° a ~ `° ~ ` ° Na o ~ m ' o m 3s ~ a ` m p c ~ Z~ ao >~ 'C N v o~ C C O Z`~ f6 o + . _ S ~ O ~ G X `~ ' ~ y 4 . a m y . L~ N cp -o T U O j ~ °~ o N w W -oo C ~ Z` •p ~ ~ ~ ~ D1 ~ m C L j ~ y m ~ ~ N I 6 C o~ N C ~ Z N ` ~ • W Q1 • ~ N m O O ~ ~~ C M y w . K N d ~ ~ .- C~ Y° •~ s~ C 2 o t ~ a Q m ~ w o t c nM o ~ ~ c ~' a n ° cw ~ ~ ~w a i '~~ o~ o ZL ~~ ~O c`o ~ - m o ' ~ (n U> ~ ~ y ;O Q ~ c N o >~ m L y c y N c C m o~ d) ..+ ' m C y y L y (n U C O) t6 Z` .- y dl 3 m N +' •- L~~ n ~G N o y L O W d y_ m L m .. O. ~ y E C ~ f6 ~ Ll :_ y ~ C -~ ~ U ~ ~ - ~~ O O N Q 'O d N OL V `~ m N ~ r2 v ° o t °-o o~ o fAd ~ ~ y - . p w o ° ~" ° o y c y w_ n o-o ~ w y ou) i a w c o c i m cot E c G c ° cL ~ 0 ~Q a o. N O o ~ ~ - ~ 3 c ~, o o 0 o ~ °.~~ o ~ T mo Z - d Eo o 0 •~ ~ m~ ~-~ ¢ o~~L . w H m w y a n ~ o o ~ °- U ~ y•o H n ° 7"6 C h mow..' ~ W 6 ' m 'a > U y N C ~' O ~ N O o m -a o ~Z ~- - O o ~ y ~ . m o AL O y zL m`"O. _ ~W ,a L g a O N~ O V O~ ~~ ~ C ~' 3 'O C y W C y d O L C f6 w- C Q O ,~ O C ~ + O m 0 > o 'O O~c`-° y L `-~ Q ay"~ ~3w. N EW r ~ ~ m ~ C m O O >, pm y f6ym 7 coi ~ ~ ° ~ yQ -° ~ °- rnm 3 0 ~ O c ~ c • m ~ ~ r ~ ~?' ~N ~~ c ~ ~ ~ a' o m N ~ -° > ~ oZca NE' o ~ a a~a c y ~ N ~ m a y 3 ~ E m. N ' 3 _ O~ ~ ~ 3 °'~ RL m o o ~ ~ ~ o a m ~ o ~ o O ~ ao = m N 0 A ~ U p (A y f0 ti ~ L L ~ L L U n . N ~ C O C O y O N r 3 0) Q H H d ..+ O C (A C Q J m 2' 7 Z m O O H - ~ Q p N ~ ~ w d d L - > fn > ~ > fn H > ?S P657 N O C .N 7 a :> .y C O 0 w~+ (6 C :4 a m N m a~ C fD ~i vi O C .N 3 .y c 0 a 3 U O N N U t4 N (6 N c m r O E 0 f6 a O O O ~ ~ z O ~ ~ .. ~ ~ c 2 >,~ ~ C O ~ ~ ~ N O ~ N ~ L ' O C U U a ~ ~ • 3~ ^ ~~ ~ y c N m~ ,, v ~ ~ O C ~ m U > ~ N E cp ~ N O w Z o d ~ d ~ ~ ~'' ~- ~ ~ > O ~ N O . ' •~ -~ U ~ x ~ m ~. ~ a m N c .o . ca ~ O O O .. O rn a ~ .r ~ m ~ C N c4 ` c 2 O ~ N ~ ~ N •' O _ f6 N . Y (n > ~ ~ ~ ~ ~ ~i w a ~ ~ ti. d c a ~ ~ N <6 N p ~ p d U C ~ (~6 ~ C O ~ > m~a cA o~ -' T d ~ U` L ~••' N N d U 10 N _ L O ~ ~ ++ ~ ~ ~ ~ ~ (6 fn ~ N . -+ m O- cn ~ LL a `o a 3 O d V ~ S O Q W O ~ ~ ~ Q ~ ~ c ` r ~ a W ~ O~ v S O D N O N a ~_ ° Q°~w i m a O -p N O v N Z c O O ~ N C ~ a~ V > O ~ C "a O cu ~+ t0 N~ rn o o w ~ ~ ~~~ t ~ ~ N ~ d -p ~ N U o C Z ~ f0 Q O O ~ fn ~ ~ O ~ N a~ o ~ ~ ~ a <"~ L ~ ~ O > Q O O O ~ r N Nd d L (0 -o ~ r ~ v W „~,~ ~ o C A L m o d r + N N~ ~ ~ r~ a 3 cn `oQ w ~ a ~ ca ~_ m ~ ~ ~ •~_ C N fC~ N ~ ~~ ~ ~~ O O v.. d ~ ~ ~ X ~ - tll X ~ (C C/) •X P658 _ ~ c ~ ~ ~ O ~ (~ O rn ~ c a c c . >~ t O o ~ N > ~ 3 J m ~ ~ O Q ~- m >, Q ~ ~~ io ~ O o ~ ~ -p C N ~ C N O +-~ fQ ~~ U 0 N 7 ~ .~ ,U ~ ~ > fQ 'C N ~ N C ~ w Op U ~ _ ~ OQ ' ~ ~ ~ ('') ` Q ~ (0 O ~ r ~ f0 ~ L ~O Y f~ O = O C fA O .-. L U ~ ~ ~ Q ~ ~ 0 0~ O j N y N p ~ ~ C 3 to c N 7 - ~ -O b fA ~ . a N ca '~ C m o ~ c~ p O ~ ~ H o > c~ ~ ~°~ rn = ~ ~ ~ N a ~ cn ~ ~ > c~ ` ~. 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C N V LL Z c E t a«Q ao a0 d a>i0 aH Ed - - N m m °N EcK 'O my7 P?_c cQ m p ~ W. U d v p ~ ~~ W mo ~ c c m_ m~?u1 ;G W Q ~ c ~ N ~a ~~ ~ a i Q ll ~ r ~ ~ ~ ~ .e ~ m ¢ ~' a Q J a H W x H W Z O d W 2 Q 2 z W fN P661 P662 Fees for New Services in the Development Code Update Application Current Fee Proposed Fee Conditional Use Permit -Modification $2,634 $1,317 Develo mentA reement-Modification $11,631 $5,815 DevelopmenUDesi n Review- Residential -Modification $11,816 $5,908 Develo menUDesi n Review -Residential 4 du's or less -Modification $6,629 $3,314 Develo menUDesi n Review- Commercial/Industrial -Modification $11,379 $5,689 Entertainment Permit -Modification $4,765 $2,383 Minor Develo ment Review -Modification $2,535 $1,268 Tentative Parcel Ma -Modification $7,211 $3,606 Tentative Tract Map -Modification $13,250 $6,625 Uniform Si n Pro ram -Modification $1,912 $956 Site Plan Review 0 $98.20 per hour EXHIBIT H P663 CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting May 23 2012 Chairman Munoz called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:35 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz, Francisco Oaxaca ABSENT: Ray Wimberly STAFF PRESENT: Candyce Burnett, Senior Planner; Steven Flower, Assistant City Attorney; Dan James, Senior Civil Engineer; Jerry Dyer, Senior Civil Engineer; Jennifer Nakamura, Associate Planner; Lois Schrader, Planning Commission Secretary; Jeffrey Bloom, Interim Planning Director ,..., ANNOUNCEMENTS None ..... APPROVAL OF MINUTES Motion: Moved by Fletcher, seconded by Oaxaca, carried 4-0-1 (Wimberly absent), to approve the minutes of May 9, 2012. •xr.~x PUBLIC HEARINGS ~y, A. MUNICIPAL CODE AMENDMENT DRC2010-00571 AND ADDENDUM TO THE GENERAL ~'" PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH #2000061027) -CITY OF RANCHO CUCAMONGA-A comprehensive update to the Development Code including a request to replace Title 17 (Development Code), modify Chapter 2.24 (Historic Preservation), modify Chapter 1.12 (Penalties, Administrative and Civil Remedies and General Provisions), delete Chapter 5.12 (Regulation of Entertainment), delete Title 14 (Signs), delete Chapter 19.08 (Tree Preservation) and other clarifying amendments of the City of Rancho Cucamonga Municipal Code as well as a proposed addendum to the General Plan Final Program Environmental Impact Report (FPEIR). This item will be forwarded to the City Council for final action. B. DEVELOPMENT FEE SCHEDULE 2012 - CITY OF RANCHO CUCAMONGA -Consideration of a proposal to establish new development fees for Planning services as a result of the creation of new application types in the comprehensive update to the Development Code (DRC2010-00571). This item will be forwarded to the City Council for final action. EXHIBIT I P664 Jennifer Nakamura, Associate Planner, presented the staff report and a PowerPoint presentation (copy on file). In response to Commissioner Fletcher, Steven Flower, Assistant City Attorney said that the definition for an assembly use applies to both religious and non-religious groups and treats them equally. (Definitions found on Page 113 of the agenda packet). In response to Commissioner Oaxaca, Ms. Nakamura said that the implementation of the new Code gives the opportunity for large retail property owners to amend their current signage package. She said commercial centers with a Uniform Sign Program would need to pay the modification fee and apply for the requested changes. In response to Vice Chairman Howdyshell, Ms. Nakamura said wind turbines are one of those uses that are on the horizon but are not specifically designated as a land use. She said staff wants to address this but we are not ready to provide recommendations. She said it will be included on the annual work plan that will include such items. She said the existing wind turbine is located in what has been deemed a utility facility. In response to Commissioner Fletcher, Ms. Nakamura said, if a use is similar to one found in the code, the Planning Director can review it and make a determination. Some uses may be totally unlike any other use and then it would be not allowed. It would require the passage of an amendment for the use to be allowed. She said new types of uses are always surfacing. In response to Chairman Munoz, Ms. Nakamura indicated that because offeedback received, future wind turbines may have to be brought forward to the Commission for review. She said with respect to the issue of medical care versus extended care, staff continues to work with applicants to help them work though the layers of zoning in the Haven Overlay. She said general medical care has been reinstated to the Haven Overlay. In response to Commissioner Fletcher, Ms. Nakamura said some changes in the Land Use Table may create some non-conforming uses. She said there will be unintended consequences and we may have to come back and make changes; it will take time for all the issues to shake out. In response to Commissioner Fletcher, the decision to only allow hot food trucks with a permit for special events was to protect the brick and mortar restaurants/businesses. She said pre-packaged food trucks will still be allowed to operate as before. Chairman Munoz opened the public hearing. Luana Hernandez asked if staff deleted the Tree Preservation section. She mentioned a parking lot issue at Bank of the West adjacent to the JC Penny outlet store. Ms. Nakamura said Tree Preservation has been moved to be incorporated into Title 17 -the Development Code. Ed. Dietl asked what a stakeholder is and how are they determined. He asked for clarification regarding the modification to Chapter 2.24 of the Municipal Code (Historic Preservation). Chairman Munoz closed the public hearing. Ms. Nakamura said the existing Historic Preservation Ordinance is being incorporated into the Development Code so that all requirements are there in one place. She said this is also true with signs and tree preservation. She said no changes were made to the Historic Ordinance; only the numbers changed. With respect to stakeholders, they are people from the community that have a voice and provide great input such as real estate agents/brokers, sign companies, Chamber of Planning Commission Minutes -2- May 23, 2012 P665 Commerce representatives, and the business community. She said the historic groups were also invited and PMC held the interviews and they talked about what they felt was important in the Code towards goals and objectives. She said they were asked for comment at the beginning and at the end of the process. Chairmah Munoz pointed out that we are all stakeholders and the City had many public meetings and invited the public to comment several times on the Code update. Steven Flower, Assistant City Attorney said that all the law requires is two public hearings here and again before the City Council. He said everything else was extra effort to go above and well beyond the requirement and still one more public hearing remains. Pam Johns, PMC stated that once they heard from the stakeholders, then vetted their comments with scorecards given to the general public; it was a thoughtful process. Chairman Munoz stated that the information was shared broadly. Vice Chairman Howdyshell said it was a great report and thanked staff and the consultant. Commissioner Oaxaca agreed and said he is glad to see that the City is taking a look at the fee schedule particularly a fee based on time and modified permitting fees. He complimented the efforts. Commissioner Fletcher agreed and said staff did an excellent job; there was an extra effort to get input. He commented on who stakeholders are and their function in the process. He said he supports the idea that the document will be reviewed on an ongoing basis as this is a big improvement to our current process. Chairman Munoz said that they regularly use the drawings at the DRC. He thanked staff for all that was done in only a year and noted that such a short timeframe is very unusual. He offered kudos to all. Motion: Moved by Howdyshell, seconded by Oaxaca, to adopt the Resolution Recommending approval of DRC2010-00571 and the associated Addendum to the EIR to be sent to the City Council for final action carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: NONE ABSENT: WIMBERLY -carried .+... 'DIRECTOR'S REPORTS C. CONSIDERATION OF THE CITY OF RANCHO CUCAMONGA C IMPROVEMENT PROGRAM FOR FISCAL YEAR 2012/2013 Jerry Dyer, Senior Civil Engineer presented the staff ort and noted that several informational sheets have been placed before the Commissio for their review and consideration. In response to Vice Chairman Howdyshell, Mr. Dyers ' e trail priorities recommended by the Trails Advisory Committee are located in the Beau ation section. In response to Commissioner Oaxaca, Mr. Dyer said the Base Line inter nge has been in process a long time. He said it was slated for funding by the RDA but those funds have been taken away and we are unsure if we will have funds. In response ommissioner Fletcher, Mr. Dyer said 47 million is a little less than average Planning Commission Minutes -3- May 23, 2012 P666 RESOLUTION NO. 12-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2010-00571, A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Municipal Code Amendment No. DRC2010-00571 for a comprehensive update to the City's Development Code found in Title 17 of the Rancho Cucamonga Municipal Code. 2. On May 23, 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing on May 23, 2012, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The City has prepared a comprehensive update to the City's Development Code that.implements the policies of the General Plan, which was updated in 2010. The City made the Public Draft Development Code Update ("Public Draft") available for public review in April 2012. The Public Draft is a comprehensive revision and update of Title 17 of the Rancho Cucamonga Municipal Code that sets requirements for private development of property, including development standards, permitted uses, building heights, building setbacks, parking standards, sign standards, landscaping requirements, subdivisions, animal keeping regulations, and other development-related topics. The Public Draft is included as Attachment 1 to this Resolution and is hereby incorporated by this reference as if set forth in full. b. Based on feedback received regarding the Public Draft, the City prepared a set of revisions (the "Revisions"), which is included as Attachment 2 to this Resolution and is hereby incorporated by this reference as if set forth in full. c. City staff has also identified numerous non-substantive amendments ("Additional Amendments") that will need to be made to provisions of the Municipal Code outside of Title 17 to accommodate the proposed Development Code Update. The Additional Amendments include but may not be limited to those noted in Attachment 3 to. this Resolution. d. The Public Draft, as amended by the Revisions and together with the Additional Amendments, constitutes the Development Code Update. EXHIBIT J PLANNING COMMISSION RESOLUTION NO. 12-23 DRC2010-00571 -CITY OF RANCHO CUCAMONGA Development Code Update . May 23, 2012 Page 2 e. The Development Code Update conforms to and does not conflict with the General Plan, including without limitation, the Land Use Element thereof, and will provide for development in a manner consistent with the General Plan. f. The Development Code Update will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The City has prepared an Addendum (the "Addendum") to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH#2000061027) (the "Final EIR"), attached hereto as Attachment 4 to this Resolution, which confirms that the environmental impacts stemming from the Development Code Update were adequately addressed in the Final EIR and that a subsequent EIR or negative declaration is not required for the Development Code Update. The Planning Commission finds that the Addendum complies with the California Environmental Quality Act, its implementing regulations at 14 California Code of Regulations § 15000 et seq., and the City's local CEQA guidelines (collectively "CEQA") based also on the following specific findings and determinations: a. On May 10, 2010, the City Council of the City of Rancho Cucamonga adopted Resolution Number 10-068, adopting environmental findings pursuant to CEQA, certifying the Final EIR, adopting a statement of overriding considerations and adopting a Mitigation Monitoring and Reporting Program. The General Plan specifically contemplated a revision and comprehensive update of the Development Code such as is accomplished by the Development Code Update, and the Final EIR analyzed the impacts thereof. b. The Development Code Update does not propose substantial changes to the City's development regulations that were not analyzed in the Final EIR or that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Project simply implements the goals and policies adopted in the City's General Plan and analyzed in the Final EIR. c. There have been no substantial changes with respect to the circumstances under which the Development Code Update is being undertaken that were not contemplated in the Final EIR or that will require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Final EIR that addressed the impacts of adopting the City's General Plan and revisions to the land development code was adopted on May 10, 2010. The existing conditions reported in the Final EIR are very similar to those currently in existence. Since adoption of the General Plan in 2010, the City has not processed any amendments to the plan. As a result, there are no substantial changes to the environment which would require a modification of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. d. .There is no hew information of substantial importance-that was not known ahd could not have been known with the exercise of reasonable diligence at the time the Final EIR was certified that shows (a) the Development Code Update will have any significant effects not discussed in the Final EIR; (b) the signifcant effects examined in the Final EIR will be substantially more severe than previously shown; (c) mitigation measures or alternatives previously found to be infeasible would now be feasible and would substantially reduce one or more significant effects of the Development Code Update; or (d) considerably different mitigation measures or alternatives P667 PLANNING COMMISSION RESOLUTION NO. 12-23 DRC2010-00571 -CITY OF RANCHO CUCAMONGA Development Code Update May 23, 2012 Page 3 than those analyzed in the Final EIR would substantially reduce one or more significant effects on the environment are now available. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends that the City Council adopt the Addendum and approve Municipal Code Amendment DRC2010-00571 to adopt the Development Code Update. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MAY 2012. PLANNING COQ M~AISSION OF T13E CITY OF RANCHO CUCAMONGA BY: ~~ Luis Munoz, Jr., Chairman ATTEST: r~. Candy urnett, Senior Planner I, Candyce Burnett, Senior Planner of the Planning Department of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of May 2012, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY P668 ABSTAIN: COMMISSIONERS: NONE P669 The Public Draft Development Code Update was distributed under separate cover to the Planning Commission on April 4,2012 Copies are available for review at: City Hall -Planning Department Archibald Library -Adult Reference Desk Victoria Gardens Library -Adult Reference Desk James L. Brulte Senior Center- Information Desk In addition, an electronic copy is available for- viewing and download on our website at www.cityofrc.us/dcupdate ATTACHMENT 1 P670 Attachment 2 of Planning Commission Resolution 12-23 ("Revisions") is included in its entirety in the Draft Ordinance of Approval for Municipal Code Amendment DRC2010-00571 ATTACHMENT 2 P671 Attachment 3 of Planning Commission Resolution 12-23 ("Addendum") is included in its entirety in the Draft Ordinance of Approval for Municipal Code Amendment DRC2010-00571 ATTACHMENT 3 P672 The General Plan EIR was distributed under separate cover to the Planning Commission in March, 2010 An electronic copy is available for viewing and download on our website at www.city ofrc.us/cityhall/p lanning/ aenp lan.asp ATTACHMENT 4 P673 ORDINANCE N0.855 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT DRC2010-00571, A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On May 23, 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Municipal Code Amendment and, following the conclusion thereof, adopted its Resolution No. 12-23, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On June 20, 2012, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on June 20, 2012, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The City adopted its current Development Code in 1983, and has since updated and amended individual sections of that code; and b. The City desires to adopt a comprehensive update to the Development Code in order to (i) reflect the goals, policies, and implementation measures of the City's General Plan, adopted in May 2010; (ii) ensure compliance with applicable Federal and State legislation; (iii) adopt an official zoning map consistent with the General Plan; (iv) promote sustainable development; and (v) improve the organization and usability of the Development Code; and c. The City has prepared a comprehensive update to the City's Development Code that implements the policies of the General Plan, which was updated in 2010. The City made the Public Draft Development Code Update ("Public Draft") available for public review in April 2012. The Public Draft is a comprehensive revision and update of Title 17 of the Rancho Cucamonga Municipal Code that sets requirements for private development of property, including development standards, permitted uses, building heights, building setbacks, parking standards, sign standards, landscaping requirements, subdivisions, animal keeping regulations, and other development-related topics; and P674 CITY COUNCIL ORDINANCE N0.855 DRC2010-00571 -DEVELOPMENT CODE UPDATE June 20, 2012 Page 2 d. The City has prepared an updated zoning map which is a graphic representation of the Development Code and represents no rezoning of land, which is included as Attachment 2; and e. Based on feedback received regarding the Public Draft, the City prepared a set . of revisions (the "Revisions"), which is included as Attachment 3; and f. City staff has also identified numerous non-substantive amendments ("Additional Amendments") that will need to be made to provisions of the Municipal Code outside of Title 17 to accommodate the proposed Development Code Update, which is included as Attachment 4. g. The Public Draft, including the zoning map and as amended by the Revisions and together with the Additional Amendments, constitutes the Development Code Update. SECTION 3: The City has prepared an Addendum (the "Addendum") to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH#2000061027) (the "Final EIR"), attached hereto as Attachment 5 to this Resolution, which confirms that the environmental impacts stemming from the Development Code Update were adequately addressed in the Final EIR and that a subsequent EIR or negative declaration is not required for the Development Code Update. The City Council finds that the Addendum complies with the California Environmental Quality Act, its implementing regulations at 14 California Code of Regulations § 15000 et seq., and the City's local CEQA guidelines (collectively "CEQA") based also on the following specific findings and determinations: a. On May 10, 2010, the City Council of the City of Rancho Cucamonga adopted Resolution Number 10-068, adopting environmental findings pursuant to CEQA, certifying the Final EIR, adopting a statement of overriding considerations and adopting a Mitigation Monitoring and Reporting Program. The General Plan specifically contemplated a revision and comprehensive update of the Development Code such as is accomplished by the Development Code Update and the Final EIR analyzed the impacts thereof. b. The Development Code Update does not propose substantial changes to the City's development regulations that were not analyzed in the Final EIR or that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Project simply implements the goals and policies adopted in the City's General Plan and analyzed in the Final EIR. c: There have been no substantial changes with respect to the circumstances under which the Development Code Update is being undertaken that were not contemplated in the Final EIR or that will require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Final EIR that addressed the impacts of adopting the City's General Plan and revisions to the land development code was adopted on May 10, 2010. The existing conditions reported in the Final EIR are very similar to those currently in existence. Since adoption of the General Plan in 2010, the City has not processed any amendments to the plan. P675 CITY COUNCIL ORDINANCE N0.855 DRC2010-00571 -DEVELOPMENT CODE UPDATE June 20, 2012 Page 2 As a result, there are no substantial changes to the environment which would require a modification of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. d. There is no new information of substantial importance that was. not known and could not have been known with the exercise of reasonable diligence at the time the Final EIR was certified that shows (a) the Development Code Update will have any significant effects not discussed in the Final EIR; (b) the significant effects examined in the Final EIR will be substantially more severe than previously shown; (c) mitigation measures or alternatives previously found to be infeasible would now be feasible and would substantially reduce one or more significant effects of the Development Code Update; or (d) considerably different mitigation measures or alternatives than those analyzed in the Final EIR would substantially reduce one or more significant effects on the environment are now available. SECTION 4: The City Council hereby adopts the comprehensive Development Code Update, attached to this Ordinance and incorporated herein by reference as Attachment 1. The Development Code attached as Attachment 1 completely replaces the City's existing Development Code and all provisions therein. SECTION 5: The City Council hereby adopts the Zoning Map as proposed in Attachment 2, attached to this Ordinance and incorporated herein by reference. SECTION 6: The City Council hereby adopts the Revisions to the Public Draft of the Development Code as proposed in Attachment 3, attached to this Ordinance and incorporated herein by reference. SECTION 7: The City Council hereby adopts the Additional Amendments as proposed in Attachment 4, attached to this Ordinance and incorporated herein by reference. SECTION 8: The provisions of this Ordinance, insofar as they are substantially the same as provisions of ordinances previously adopted by the City relating to the same matter, shall be construed as restatements and continuations of the earlier enactment, and not as new enactments. SECTION 9: The adoption of this Ordinance does not affect the following matters: Ordinance. a. Actions and proceedings that began before the effective date of this Ordinance. b. Prosecution for ordinance violations committed before the effective date of this c. Licenses and penalties due and unpaid at the effective date of this Ordinance. d. Collection of licenses and penalties due and unpaid at the effective date of this Ordinance. P676 CITY COUNCIL ORDINANCE N0.855 DRC2010-00571 -DEVELOPMENT CODE UPDATE June 20, 2012 Page 2 e. Bonds and cash deposits required to be posted, filed, or deposited pursuant to any ordinance, resolution, or regulatiori. f. Matters of record that refer to or are connected with an ordinance previously adopted by the City the substance of which is amended by this Ordinance. Such references shall be construed to apply to the corresponding provisions of this Ordinance. SECTION 10: Any provision of the previously existing Development Code not included in the Development Code Update enacted by this Ordinance is hereby repealed. SECTION 11: Nothing in this Ordinance shall in any manner modify or otherwise affect the following subject matters: a. The corporate or jurisdictional limits of the City. b. Contracts to which the City is a party. c. City taxes. d. City franchises. e. Highways, roads, streets or other public right-of-way. f. Bonds or indebtedness of the City. g. A district, public corporation or other entity established by the City. h. Specific public improvements or assessments. i. Appropriation or investment of City funds. SECTION 12: The Council hereby directs the City Clerk to make all necessary, non- substantive conforming revisions to the Municipal Code necessary to codify this Ordinance, including but not limited to clerical corrections to section numbers, table and figure references .and cross references. SECTION 13: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 14: The City Clerk shall certify to the adoption of this Ordinance and shall cause a Summary of this Ordinance to be published within 15 days after its passage at least P677 CITY COUNCIL ORDINANCE N0.855 DRC2010-00571 -DEVELOPMENT CODE UPDATE June 20, 2012 Page 2 once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. P678 The Public Draft Development Code Update was distributed under separate cover to the City Council on April 4,2012 Copies are available for review at: City Hall -Planning Department Archibald Library -Adult Reference Desk Victoria Gardens Library -Adult Reference Desk James L. Brulte Senior Center -Information Desk In addition, an electronic copy is available for viewing and download on our website at www.cityofrc.us/dcupdate d ATTACHMENT 1 P679 O a a ~ OU LL ~ Z Q ~U Z ~ UO ~ ° = N Z ~ ~ _ Wu a d~~+~ v~~~~s' cp ~ ~~ ~ r ~~~~d ~ ~ ~~~~~F ~~~~~ ¢ ~~~ ~¢ m ollll ~~11~ a~l~l ~~o-_~E_' ~ _; ~ W3yI~~6 0~~~BE~ ~ ~~~ .~ ~~~ Wr sip, ~ f ~~ ~ ~ ~ a F v ~E ~~~' E ~~~~~~ ag ~ ~3i i ~D0111~~ 111111 ~ 9 = X111 `. ii ~~ s ~~ . ATTACHMENT 2 P680 Revisions to Rancho Cucamonga Public Draft Development Code Staft is recommending the following revisions to the Pubilc Draft Development Code Dated April, 2012 These amendments are shown In track changes as excerpts from relevant sections of the Public Draft Development Code with new language shown with underlined text and existing language to be removed shown with strike out text Article II Land Use and Development Procedures Chapter 17.14 General Application Processing Procedures TABLE 17 14 060-1 APPROVING AUTHORITY FOR LAND USE ENTITLEMENTS _ _ _ Type of Permit or Deasron _ Desrgnated Approving Authority _ "R" _ "Recommendmgfiody" = -_- ~~"="Flnal Deasion-Tllalnng Body" __ _ _ - _ Planning- Director - - Histonc __ Preservation _ Commission -'-Planning _ Commission - City Council Official Code Interpretation F Plan Check/Zoning Clearance F Home Occupation Permit F Sign Permit F Temporery Use Permit F Tree Removal Permit F Uniform Sign Program F Smdar Use Determination F Reasonable Accommodation F Site Development Review F Minor Exception F Conditional Use Permit F Minor Design Revew F Hillside Development Review F Mills Act R R€ F Landmark Designation R R F Certificate of Appropnateness R F Certificate of Economic Hardship R F Entertainment Permit R F Major Design Review R F Variance R F Adult Entertainment Permit R F Tentative Subdivision Map (see Title t6) R F Planned Community R R F ATTACHMENT 3 P681 Revlslons to Rancho Cucamonga Public Draft Development Code Type of Permit or Decision Designated Approving Authority "R" _ "Recommending Body" "F" _ "Final Decision•Making Body" Specific Plan R R F Prezoning R R F Zoning Code/Map Amendment R R F Development Agreement R R F General Plan Amendment R R F Chapter 17.16 Planning Director Decisions Section 17 i6 040 Home Occupation Permit A Findings A Home Occupation Permit shall be granted only when the Planning Director determines that the proposed home occupation complies with all of the following findings 2 The proposed home occupation is consistent with the development standards for Home Occupations in Section 17 98 030 (Development Standards) and ~-3 The establishment, maintenance, or operation of the home occupation applied for will not, under the arcumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, ^•^'° ^^^~'^'', ^r general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City Section 17 16 130 Minor Design Review B Applicability Minor Design Review is regwred for commercial, industrial, institutional, and residential protects that meet any of the following qualifications Residential additions equal to or greater than fifty percent (50%1 of the existing square footage Chapter 17.20 Planning Commission Decisions Section 17 20 020 Entertainment Permit C Exceptions The provisions of this Chapter shall not be deemed to regwre a permit for any of the following Unampiified entertainment provided by no more than twa-four (4~) performers as an accessory use to ~'~••^^ ^• ^' ^~ an established r^.~R business where danang is not allowed P682 Revisions to Rancho Cucamonga Public Draft Development Code Section 17 20 150 Reasonable Accommodation A Purpose and Intent In accordance with Federal and State fair housing laws, it is the purpose of this Section to allow for reasonable accommodations in the City's zoning and land use regulations, polices, and practices when needed to provide an individual with a disability an equal opportunity to use and en}oy a dwelling The intent is to alleviate the need for a Variance request for a reasonable accommodation as described herein B Permit Application Other Discretionary Permits If the protect for which the request for reasonable accommodation is made regwres another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval The processing procedures of the discretionary permit shall govern the }oint processing of both the reasonable accommodation and the discretionary permit As stated in the purpose and intent section, a Variance is not required for the reasonable accommodation However. if the project includes a separate request to deviate from City standards unrelated to the accommodation a Variance application may be regured C Review Procedure The Planning %erara+ss~er~Director is designated approval authority for reasonable accommodation requests and shall approve a reasonable accommodation request if the compliance regwrements below are addressed E Conditions The Planning Director is authorized to approve or deny applications and to impose reasonable conditions upon such approval, as the Director may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Director to make the findings required by Section 17 16 150 D (Rndmgs} Chapter 17.22 City Council Decisions Section 17 22 020 Master Plan A Purpose The purpose of a Master Plan is to allow for the coordinated comprehensive planning of an subarea of the City in order to accomplish any of the following obtectives 4 To "plan ahead' and Zook beyond the limits of a particular property to solve crculation, drarnage and neighborhood compatibilty Problems 5 To provide flexibility for developments beyond conventional zoning regulations to address specal or unique needs or characteristics 3 P683 Revisions to Rancho Cucamonga Public Draft Development Code Article III Zoning Districts, Allowed Uses. And Development Standards Chapter 17 24 Establishment of Zoning Districts Section 77 24 020 Zoning Districts Established TABLE 17 24 020-1 RANCHO CUCAMONGA ZONING DISTRICTS Zoning District Zoning Distract NamelDescnption Symbol Residential 2omng Dlstncts Very Low Residential Designates areas for very low density residential use, with a VL minimum lot size of 20,000 square feet and a maximum residential density of up to 2 units per gross acre L Low Residential Designates areas for single-family residential use, with a minimum lot size of 7,200 square feet and a maximum residential density of 4 units per gross acre Low-Medium Residential Designates areas for low-medum density single-family or LM multiple-family use with site development regulations that assure development compatible with nearby single-family detached neighborhoods Residential densities range from 4 to 8 units per gross acre maximum Medium Residential Designates areas for medium density multiple-family use, with site M development regulations that assure development compatible with nearby lower density residential development Residential densities range from 8 to 14 units per gross acre maximum Medwm-High Residential Designates areas for medium-high density multiple-family use, MH with site development regulations that assure development compatible with nearby lower density residential development Residential densities range from 14 to 24 units per gross acre maximum High Residential Designates areas for high density multiple-family use, with site H development regulations that assure development compatible with nearby lower density residential development Residential densities range from 24 to 30 units per gross acre Mixed Use Zoning Distract Mixed Use Designates areas for a mix of residential and nonresidential uses, with site MU development regulations that assure development compatible with nearby lower density residential development, as well as internal compatibility among the varying uses Commercial and Office Zoning Dlstncts Office/Professional Designates areas primarily for the development of OP professional/administrative offices and personal services rather than commodities Site development regulations and performance standards are designed to make such uses relatively compatible with residential uses Neighborhood Commercial Designates areas for immediate day-to-day convenience NC shopping and services for the residents of the immediate neighborhood Site development regulations and performance standards are intended to make such uses compatible to and harmonious Huth the character of surrounding residential or less intense land use area P684 Revisions to Rancho Cucamonga Public Draft Development Code Zoning D~stnct Zoning D~stnct Name/Descnpt~on Symbol General Commercial Designates areas for general commeraal activities and services of a more intensive nature, including but not limited to mafor shopping facilities, mator service- GC oriented uses, mator financial, and corporate headquarters that are designed to serve the City or the region as a whole and are typically located pnmarily along maior transportation routes Community Commercial Designates areas for commercial activities and services on a CC larger scale Businesses are typically auto onented and located along mafor commercial corridors Specialty Commercial Designates areas designed to enhance the character around historic resources or sites which promote a special landmark quality or create a special ambience Examples include specalty theme-oriented uses located adtacent to the Thomas Brothers SC Winery, which complement the existing winery structure and provide a unifying theme or the establishment of tourist-oriented specialty uses in other areas, which cater to visitors A limited number of office uses have been included into the specialty commercial category in order to faalitate an interactive office/commeraal environment Regional Related commeraal Designates areas for large-scale commeraal development RRC that serves both local and regional needs Sites are easily accessible from freeways and may contain a vanety of goods and services, such as large-fonnat retail, department stores, eating and dunking establishments, hotels, and motels commeraal Office Designates areas for activities that cater to business support and CO personal services Uses tyoically include medical and health care clinics travel aaenaes insurance aaenaes. copv centers and other similar land uses Industnal Zoning Distracts Industrial Park Designates areas for industrial firms seeking an attractive and pleasant working environment and a location which has prestige value The district allows light IP industrial uses, office and administration faalities, research and development laboratories, and limited types of warehousing, as well as support businesses and commeraal service uses General Industnal Designates areas for the widest possible range of light and medium GI industrial activity, including manufacturing, assembling, fabrication, wholesaling, heavy commeraal, and office uses The district may be employed as a buffer between nonindustrial uses and heavy Industnal uses Minimum ImpacUHeavy Industrial Designates areas for heavy Industnal uses that will not MI/HI significantly impact the surrounding area including but not limited to, manufactunng, compounding, processing, fabrication, warehousing, storage, and freight handling Heavy Industrial Designates areas for heavy Industnal uses including manufacturing, HI compounding, processing, fabrication, warehousing, storage, and freight handling Use characteristics of this group include large structures to faalitate processing and open air storage of large amounts of raw or semi-refined products Open Space Zoning Distracts Open Space Designates areas primanly to protect environmentally sensitive land The use OS regulations, development standards, and critena provide low intensity development and encourage recreational activities and preservation of natural resources 5 P685 Revisions to Rancho Cucamonga Public Draft Development Code Zoning D~stnct Zoning District NamelDescnption Symbol Hillside Residential Designates areas for maintaining natural open space character through protection of natural landforms, minimizing erosion, providing for public safety, protecting HR water, flora, and fauna resources, and establishing design standards to provide for limited development in harmony with the environment Allowed density ~s a maximum of 2 units per net bwldable acre as determined through the Hillside Development Review process FC Flood Control Designates areas necessary for flood control facilities for protection of the public health, safety, and general welfare UC Utility Corndor Designates areas Hnthm utility corndors m which land uses compatible to both the utility function and surrounding, existing, or proposed land uses are allowed Special Purpose Zoning Distracts Speafic Plan Designates areas for master planning through the adoption of a Specific Plan SP with unique land use and development standards for a particular protect areas with a minimum of 300 acres Planned Community Designates areas master planning through the adoption of a Planned PC Community, which can establish unique land use and development standards for a particular protect area Planned Communities typically include less detail than Speafic Plans and have no minimum protect size regwrement Overlay Zoning Distracts Senior Housing Designates areas available for affordable rental housing units to serve the SH City's senior atizens District provisions ensure high quality protect design and establish incentives for ongoing affordability for this target group This district can be combined with any residential base zoning district that meets the overlay district qualifications Equestnan Designates areas for the keeping of equine, bovine, and cleft-hoofed animals Further, this district protects the ability to maintain such animals, promotes a "rural/farm" E character in an urban setting, and recognizes and encourages the educational and recreational values denved from raising and maintaining such animals This district may be combined with any residential base zoning district that meets the overlay district qualifications Foothill Boulevard Designates areas along Foothill Boulevard for speaal use and development regulations to implement the goals and obtectives in the General Plan for this FB important corridor that covers most of the length of Historic Route 66 through the City Speaal regulations encourage a mix of uses, concentrate neighborhood, community, and regional-serving uses as appropnate, and accommodate future transit Hillside Designates sloped areas subtect to speaal hillside development regulations H Generally, this district applies to areas vnth a slope greater than or equal to 8% This distract may be combined with any residential base zoning district that meets the overlay district qualifications HA Haven Avenue Designates an area along Haven Avenue vnth unique allowed use regulations and development standards focused on high quality office opportunities 4'"~keetlndustrial Commeraal Designates areas with an Industnal Park Base Zoning District to encourage and support the integration of traditional general commeraal uses and 4~,IC speaal development review requirements focused on retail opportunities Soeafically, this - district includes the areas on the east side of Haven Avenue between Arrow Route and Civic Center Dnve southwest corner of Foothill Boulevard and Rochester Avenue and the south side of Foothill Boulevard between Elm Avenue and Spruce Avenue P686 Revisions to Rancho Cucamonga Public Draft Development Code Chapter 17.30 Allowed Land Use by Base Zoning District Section 17 30 030 Allowed Land Uses and Permit Requirements E Base Zoning District Names and Symbols Base zoning district names for the zoning dlstrlct symbols used in the table are listed below Specific Plan (SP) District and Planned Community (PC) District are not listed in the table as the allowed uses for those base zoning distracts are determined in compliance with the adopted Specific Plan or Planned Community • Very Low Residential (VL) • Low Residential (L) • Low-Medium Residential (LM) • Medium Residential (M) • Medium-High Residential (MH) • High Residential (H) • Mixed Use (MU) • Office Professional (OP) • Neighborhood Commercial (NC) • General Commercial (GC) • Community Commercial (CC) • Speaalty Commercial (SC) • Regional Related Commercial (RRC) • Commercial Office tC0) • Industrial Park (IP) • General Industrial (GI) • Minimum Impact/Heavy Industrial (MI/HI) • Heavy Industrial (HI) • Open Space (OS) • Hillside Residential Distract (HR) • Flood Control-Open Space (FC) • Utility Corridor-Open Space (UC) TABLE 77 30 030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT land Use/Zoning ~ ~ -i ~ ~ ~ _ ~ x ~ ~ o. O c> z c~ O v V c) V ~ O I a - O = = m O a v U Distract y U ~ x u. 7 Residential Uses Adult Day Care P P p p p P P N N N N N N N N N N N N P N N Home - Caretaker C C C C C C C P P P N N N N C C C C P C P P Housing - Dwelling, Multi- N N P P P P P N N N N N N N N N N N N N N N Family - Dwelling, Second iii P P P P P P N N N N N N N N N N N N P P N N Unit Dwelling, Single- p p p p N N N N N N N N N N N N N N P P N N Family - Dwelling, Two- N N P P P P P N N N N N N N N N N N N N N N Family - 7 P687 Revtstons to Rancho Cucamonga Publtc Draft Development Code Land Use/Zoning ~ > ~ ~ ~ ~ _ ~ x ~ ~ a O v z v t9 v U v to v ~ O I a O x x w O rY x v u v Distract U ~ . ~ Emergency N N N N N N N N N C N N N N N C N N N N N N Shelter - Famdy Day Care C C C C C C C N N N N N N N N N N N N C N N Home, Large - Family Day Care P P P P P P P N N N N N N N N N N N N P N N Home, Small - Guest House P P P N N N N N N N N N N N N N N N N N N N Group C C C C C C C C C C C N C N N N N N N C N N Residential - Home tzl P P P P P P P N N N N N N N N N N N P P N N Occupation Live-Work N N N N N N P N N N N N N N N N N N N N N N Facility - Manufactured cs~ P P P P N N N N N N N N N N N N N N N P N N Home Mobile Home C C C C C C N N N N N N N N N N N N N N N N Park - Residential Care N N N C C C C N N N N N N N N N N N N N N N Faaliry - Residential Care P P P P P P N N N N N N N N N N N N N P N N Home - Single-Room Occupancy N N N P P P P N N N N N N N N N N N N N N N Facility Transitional P P P P P P P N N N N N N N N N N N N P N N Housing - Agnculture and Animal Related Uses floricultural Uses N N N N N N N N N N N N N N N N N N P N P P Animal Keeping4 l P P P P P P P N N N N N N N N N N N N P N N Domestic Pets - Animal Keepmgp C C C C C C C N N N N N N N N N N N N C N N Exotic Animals - Animal Keeping, 14I P N N N N N N N N N N N N N N N N N N N N N Insects Animal Keeping, Livestock P P N N N N N N N N N N N N N N N N N N N N Animals (a> Animal Keeping, P N N N N N N N N N N N N N N N N N N N N N Poultry - Equestnan Facility, C N N N N N N N N N N N N N N N N N C N C C Commeraal P688 Revisions to Rancho Cucamonga Public Draft Development Code land Use/Zoning J > -r ~ ~ x x ~ d U t~ v v O O I ~' O ? = m o_ V v ~ ~ ~ O z C7 U m ~ U ~ O x u. O Distract Equestnan p N N N N N N N N N N N N N N N N N N N N N Faality, Hobby - Recreation, Resource Preservation, Open Space, Education , and Public Assembly Uses Assembly Use C C C C C C N8 N N N N N N N C C N N N N N N Cemetery/ N N N N N N N N N N N N N N N N N N C N N N Mausoleum - Communrty C C C C C C C C C C C C C C P P N N N C N N Center/Civic Use - Communrty C C C C C C N N N N N N N N N N N N P N P P Garden - Convention N N N N N N C C C C C C C C C C C C N N N N Center - - - - - - - - - - - - - - - Golf Course/ N N N N N N N N N N N N N N N N N N C N C C Clubhouse - Indoor AmusemenUEnte N N N N N N C N C C P P P N N N N N N N N N rtainment Faality Indoor Fitness and Sports N N N N N N C C C C N C N C C C N N N N N N Facility -Large Indoor Fitness and Sports N N N N N N P P P P N C N P C C N N N N N N Faality -Small Library and C C C C C C P P P P N P N P C N N N C6 C C6 C6 Museum - Outdoor Commercial N N N N N N C C C C N N C C C C N N N N N N Recreation Park and Public P P P P P P P N N N N N N N N N N N P P P P Plaza - Pubhc Safety C C C C C C C C C C C C C C C C C C N C N N Facdrty - Resource- Related P P P P P P P N N N N N N N N N N N P P P P Recreation School, Academic C C C C C C C C C C C C C C C C N N N C N N (Pnvate) School, Academic P P P P P P P P P P P P P P P P N N N P N N (Public) P689 Revisions to Rancho Cucamonga Public Draft Development Code Land Use/Zoning ~ ~ -~ ~ ~ ~ x ~ _ ~ ~ a O U z U t7 U U U to U ~ O UI o_ - ~ ? = rn O ~ 2 U u U ~ District ~ . School, College/ University C C C C C C C C C C C C C C C C N N N C N N (Pnvate) School, College/ Unversity C C C C C C C C C C C C C C C C N N N C N N (Public) Schools, Specialized N N N N N N C C C C C C C C C C N N N N N N Education and - Training/Studio Theaters and N N N N N N C N N C N N P N N N N N N N N N Auditoriums - Tutonng Center - N N N N N N C C C C C C C C N N N N N N N N Large Pi - Tutoring Center - N N N N N N P P P P P P P P N N N N N N N N Small lu - Utdrty, Transportation, Public Facdlity, and Communication Uses Broadcasting and Recording N N N N N N N P N P N N N P P P N N N N N N Studios Park and Ride N N N N N N N C C C N N N N P P N N N N N N Faality - Parking Facility N N N N N N P P N P C N C P C C C C N N C C Transit Facility N N N N N N N N N N N N N N C C C C N N N N Utility Facility and Infrastructure - N N N N N N N N N N N N N N C C C C C N C C Fixed Based - Structures te> Utility Facility and Infrastructure- P P P P P P P P P P P P P P P P P P P P P P Pipelines iai Retail, Service, and Office Uses Adult Day Care N N N N N N C C C C N N N C C C N N N N N N Facddy - Adult-Oriented Business cel N N N N N N N N N N N N N N - A A A A N N N N Alcohohc N N N N N N C N C C C C C C C C N N N N N N Beverage Sales - Ambulance N N N N N N N C C C N N N N N C P P N N N N Service - Animal Sales and N N N N N N P N P P N P N N N N N N N N N N Grooming - 10 P690 Revisions to Rancho Cucamonga Public Draft Development Code Land Use2oning ~ -~ ~ ~ x _ ~ a U U U U U 0 I a C7 = x m a U U ) ~ ~ ~ O 2 t7 U to ~ U - ~ O x u. ~ Distract Art, Antique, N N N N N N P N P P P P P N N N N N N N N N Collectable Shop - Artisan Shop N N N N N N P N P P P P P N N N N N N N N N Bail Bonds N N N N N N N N N N N N N N N N N C N N N N Banks and Finanaal N N N N N N C C C P P P P P P P N N N N N N Services Bar/Nightclub N N N N N N C C N C C C C C N C N N N N N N r C C C N N N N N N N C ~ N N N N N N N N N N eakfast Inn B Bwldmg Materials Store N N N N N N N N N N N N N N N C P P N N N N and Yard N N N N N N P P P P P ~ P P P P N N N N N N Support Services Call Centers N N N N N N N N N N N N N N C C N N N N N N Card Room N N N N N N N N N N N N N N N N N N N N N N Check Cashing N N N N N N P N P P N N N N P N N N N N N N Business - Chdd Day Care N N N N N N C C C C C N C C C C N N N N N N Faality/Center - gnment N N N N N N C N C C N # N N N N N N N N N N Store enience N N N N N N P N P P N ~ N N C C N N N N N N Store Crematory ~ N N N N N N N N N N N N N N N C N N N N N N Services - Dnve-Inarad Dnve-Through N N N N N N C C C C N N C C C C N N N N N N Sales and - Service ~e~ Equipment Sales N N N N N N N N N C N N N N N C P P N N N N and Rental - Feed and Tack N N N N N N N N P P N N N N N N N N N N N N Store - - - - - - - - - - - - - - - - - - - - - - Fumiture, Furnishing, and N N N N N N P N P P P ~ P N N N N N N N N N Appliance Store Garden Center/Plant N N N N N N P N P P P N P N N P N P P N P P Nursery 11 P691 Revisions to Rancho Cucamonga Public Draft Development Code Land Use/Zoning ~ > ~ ~ ~ x S ~ a U o U U U 0 I a O = = ~ +x U U ~ ~ ~ O z C7 U m ~ U - ~ O x a U Distract Grocery Store/ N N N N N N P N P P P N P N N N N N N N N N Supermarket - Gun Sales N N N N N N N N N C N N N N N N N N N N N N Hookah Shop N N N N N N C N N C N N N N N N N N N N N N Home Improvement N N N N N N P N P P P N P N C P N N N N N N Supply Store Hotel and Motel N N N N N N P C N P N N C C P N N N N N N N Internet Cafe N N N N N N P P P P P ~ P P P N N N N N N N Kennel, N N N N N N N N N C C N C N C C N N N N N N Commercial Liquor Store N N N N N N C N C C C # C N C C N N N N N N Maintenance and Repair, Small N N N N N N P N P P P N P P N P P C N N N N Eqwpment Massage N N N N N N P P P P P P P P P P N N N N N N Establishment Al - Medical Marquana N N N N N N N N N N N N N N N N N N N N N N Dispensary Medical Services, N C C C C C C P N P P N N P P P N N N N N N Extended Care # ~ ~ - ~ ~ Medical Services, N N N N N N P P P P N P P P P P N N N N N N General Medical Servces, N N C C C C C C N C N N N N P P N N N N N N Hospitals Mobile Hot Food N N N N N N N N N N N N N N N N N N N N N N Trucks - - - - - - - - - - - - - - - - - - - - - Mortuary/Funeral N N N N N N N C C C N N N N N N N N N N N N Home - Office, Business N N N N N N P P P P P P P P P P N N N N N N and Professional M - Office, Accessory N N N N N N P P P P P ~ P P P P N N N N N N Pawnshop "~ N N N N N N N N N C N N N N N N N N N N N N Personal N N N N N N P P P P P P P P P P N N N N N N Services - 12 P692 Revisions to Rancho Cucamonga Public Draft Development Code Land UselZomng J ~ -r ~ ~ ~ x ~ x ~ ~ a O V z v t9 ti t~ U vs v ~ O I a - O = x N O ~ v V Distract U ~ x a x Restaurant, No N N N N N N P P P P P P P P P P N N N N N N Liquor Service - Restaurant, Beer N N N N N N P P P P P P P P P P N N N N N N and Wine - Restaurant, Full N N N N N N C C C C C C C C C C N N N N N N Liquor Service - Retail, Accessory N N N N N N P P P P P N P P C C N N N N N N Retail, General N N N N N N P N P P P P P N C C N N N N N N Retail, N N N N N N P N N P P N P N P N N N N N N N Warehouse Club - Secondhand N N N N N N P N P P N N N N N N N N N N N N Dealer - Shooting Range N N N N N N N N N N N N N N N C N N N N N N Specialty Food N N N N N N P N P P P P P N N N N N N N N N Store - - - - - - - - - - - - - - Smoke Shop ~'~ N N N N N N N N N C C N C N N N N N N N N N Tattoo Shop t'~ N N N N N N N N N C 6 N 6 N N N N N N N N N Theft Store t'~ N N N N N N C N C C C N C N N N N N N N N N Veterinary C N N N N N C N P P C C C N N P P P N N N N Facility N - Automobile and Vehicle Uses Auto Vehicle N N N N N N N N N N N N N N N N N C N N N N Dismantling - Auto and Vehicle N N N N N N N C N C N N P N C C N N N N N N Sales and Rental - Auto and Vehicle Sales, N N N N N N N P P P P N P P P N N N N N N N Autobroker Auto and Vehicle N N N N N N N P P P P N P P P P N N N N N N Sales, Wholesale - Auto and Vehicle N N N N N N N N N N N N N N N C P P N N N N Storage - Auto Parts Sales N N N N N N N N P P N N P N N N N N N N N N Car Washing and N N N N N N N C C C N N C N N N N N N N N N Detailing - Recreational N N N N N N N N N N N N N N N C C C N N N N Vehicle Storage Service Stations N N N N N N C C C P N N C C C C N N N N N N 13 P693 Revisions to Rancho Cucamonga Public Draft Development Code land Use/Zoning J ~ -i ~ ~ ~ _ ~ 2 ~ ~ a O U z U (9 U U U of V ~ 0 UI a' t7 = x N O d' x U u U ~ D~stnct ~ . Vehicle Services, N N N N N N N N N C N N N N N C N C N N N N Mator - Vehicle Services, N N N N N N N C C P N N C N P P N N N N N N Minor - Industnal, Manufacturing, and Processing Uses Fuel Storage and N N N N N N N N N N N N N N N C C C N N N Distribution - Manufacturing, N N N N N N N N N N N N N N P P N N N N N N Custom - Manufactunng, N N N N N N N N N N N N N N N N N P N N N N Heavy - Manufactunng, Heavy-Minimum N N N N N N N N N N N N N N N N P P N N N N Impact Manufacturing, N N N N N N N N N N N N N N P P N N N N N N Light - Manufact9 ring, N N N N N N N N N N N N N N P P P P N N N N Medium - Printing and N N N N N N N N N P N N N N P P N N N N N N Publishing - Recycling Facility, N N N N N N N N P P N N N N N P P P N N N N Collection Recycling Faality, N N N N N N N N N N N N N N N C C C N N N N Processing Recycling Facility, Scrap N N N N N N N N N N N N N N N N N C N N N N and Dismantling - Facility Research and N N N N N N N N N N N N N N P P N N N N N N Development - Storage, Personal Storage N N N N N N N N N N N N N N N C C C N N N N Facility Storage N N N N N N N N N C N N N N N C C C N N N N Warehouse - Storage Yard N N N N N N N N N N N N N N N C P P N N N N Wholesale, Storage, and N N N N N N N N N N N N N N N P P P N N N N Distnbu4on - - Heavy 14 P694 Revisions to Rancho Cucamonga Public Draft Development Code Land Use/Zoning Dtstnct j ~ ~ ~ ~ _ ~ O z ~ U ai ~ UI a _ ~ ~ = O i uV. ~ Wholesale, Storage, and N N N N N N N N N N N N N N P P P P N N N N Distnbu6on - - Light Wholesale, Storage, and N N N N N N N N N N N N N N N P P P N N N N Distribution - - Medium 191 Table Notes (1) See additional regulahons (or second dwelling units m Chapter 17 106 (2) See additional regulahons /or home occupations m Chapter 77 98 (3) See additional regulahons /or mobile homes in Chapter 17 102 (4) See Additional regulahons for animal keeping m Chapter 17 90 (5) Utidty (acihhes and in/rastructure involving hazardous or volatile gas and/or Dgwd pipeline development require approval of a Conditional Use Permit (6) See additional regulations for adult enteRainment businesses m Chapter 17 88 Adulfonented busnesses are not permitted west o/ Haven Avenue (7) See addtional regulahons /or special regulated uses m Chapter 17 108 (8) See additional regulahons for dove-in and dove-through facrhties in Chapter 17 92 (g) Not permitted within 300 /eet o/residentially zoned property Chapter 17.32 Allowed Use Descriptions Section 17 32 020 Allowed Use Descriptions B Agnculture and Animal Related Uses 1 Agricultural Uses This use cateaorv includes farms orchards, vineyards livestock grazing and hydroponics including on site sales of products grown on site C Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses 6 Convention Center A large bwldinq designed to hold a convention. where individuals and groups gather to promote and share common interests Convention centers typically offer sufficient floor area to accommodate several thousand attendees Convention centers typically have at least one auditorium and may also contain concert halls. lecture halls, meeting rooms and conference rooms Some larae resort area hotels include a convention center D Retail, Service, and Office Uses 19 Consignment Store A retail store where goods are placed on consignment which is the act of plaang goods in the hands of another while still retaining ownership, until the goods are sold 23 Feed and Tack Stores A retail store selling animal food and equestrian supplies 15 P695 Revisions to Rancho Cucamonga Public Draft Development Code +S-~~ Home Improvement Supply Store An establishment (retail or wholesale) that sells kitchen, bath, #afaESfa+ags-carpeting, and other home-oriented supplies Other retail uses are permitted if accessory to the primary use These uses may include an expansive showroom This use classification is a subcategory of the larger Building Materials Stores and Yards use classification and may be combined with or separate from such uses 40 Mobile Hot Food Truck Anv vehicle as defined in §670 of the California Vehicle Code. which is equipped and used for retail sales of prepared, prepackaged or unprepared, unpackaged food or foodstuffs of anv kind For the purposes of this section. a mobile food vehicle shall also include anv trailer or wagon equipped and used as described in this paragraph and pulled by a vehicle 45 Personal Services Establishments providing nonmedical services as a primary use, including, but not limited to, barber and beauty shops (including permanent makeup), weight loss clinics, day spa spiritualist reading or astrology forecasting, clothing rental, dry cleaning pickup stores with limited egwpment, home electronics and small appliance repair, Laundromats (self- service laundnes), shoe repair shops, and tailors These uses may also include accessory retail sales of products related to the services provided This use classification does not include massage or tattoo establishments, which are separately classified herein 46 Restaurant A retail business selling food and beverages prepared and/or served on the site, for on- or off-premise consumption Includes eating establishments where customers are served from awalk-up ordering counter for either on- or off-premise consumption and establishments where most customers are served food at tables for on-premise consumption, but may include providing food for take-out Also includes coffee houses and accessory cafeterias as part of office and industrial uses Restaurants are divided into four categories as follows i Restaurant-~+t-Bewa, No Liquor Service Restaurants that do not serve liquor, including fast food establishments u Restaurants-Bewa, Beer and Wine Restaurants with liquor services limited to beer and wine for on-site consumption ui Restaurant-~-Bewa, Full Liquor Service Restaurants with a full range of liquor service, including beer, wine, and distilled spirits, all for on-site consumption 47 Retail, General Stores and shops selling single and multiple lines of merchandise These stores and lines of merchandise include, but are not limited to, bakeries (all production in support of on-site sales), clothing and accessories, collectibles, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoor sales, only, outdoor sales are plant nurseries and included in the definition of Garden Center/Plant Nursery), '~~•~~'~~•~ ti~~.~ '~~•~~°~~~~~ ~~-' ~ ~~' general stores, gift shops, hardware, hobby materials, musical instruments, 16 P696 Revisions to Rancho Cucamonga Public Draft Development Code parts and accessories, newsstands, pet supplies specialty shops, sporting goods and equipment, stationery, and variety stores. 52. Specialty Food Store. A store sellino specialty food ingredients, which typically preserve, texture. emulsify, colour, help processing and in some cases add an extra health dimension to produced food. Chapter 17.34 General Development Standards Section 17.34.040 Setback Requirements and Exceptions Front Yards. Generally, the front yard setback is determined by the front lot line, which is the lot line paralleling the street. However, for flag lots and other irregularly shaped parcels, the front lot line is determined to be the narrowest portion of the lot. For flag lots, this excludes the narrow portion of the lot that represents the "pole'. See Figure 17.34.040-1 (Front Yard Setback Measurement for Irreoular Lots). Figure 17.34.0406 Front Yard Setback Measurement for Irregular Lots Front Lot Line - \ Narrowest Portion ~~, I of the Lot \\ ~--- -- ~_-J Street Flag Lot ~\ FRONT YARDSETE Front Lot Line Narrowest Portion of the Lo Street Irregular Lot E. Allowed Encroachments or Projections Into Required Yards. In addition to the structures listed in Section 17.42 (Accessory Structures) and Section 17.50 (Fences, Walls, and Screening), the following structures and architectural features attached to the main building may project into the required yards: Residential Encroachments ii. Replaseraeat-sChimneys, bay windows, balconies, media centers, fire escapes, exterior stairs and landings, and similar architectural features may project into required yards a maximum distance of two feet (2'), provided such features shall be at least three feet (3') from a property line. 17 P697 Revisions to Rancho Cucamonga Public Draft Development Code Chapter 17.36 Development Standards by Base Zoning District Section 17 36 010 Development Standards for Residential Zoning Districts TABLE 17 36 010-1 DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DISTRICTS Development Standard/ Zoniag hiistnct VL L LM M MH H Lot Area (minimum) 20,000 sf 7 200 sf 5,000 sf 3 ac c't 3 ac i't 3 ac t't Lot Area (minimum net avg) 22,500 sf 8,000 sf 5,000 sf 3 ac ~'~ 3 ac t't 3 ac i't Lot Width (minimum) 90 ft tZt 65 ft 12t 50 ft tZt n/a n/a n/a Lot Width (comer lot) 100 ft 70 ft 50 ft n/a n/a n/a Lot Depth (minimum) 200 ft 100ft 90 ft n/a n/a n/a Minimum Frontage 50 ft 40 ft 30 ft 100 ft 100 ft 100 ft Minimum Frontage (flag lot) 30 ft 20 ft 20 ft 50 ft 50 ft 50 ft Allowed Dens~ty~dwelhng amts Qer acre) Minimum Densely i3) n/a n/a 4 dulac 8 du/ac 14 du/ac 24 du/ac Maximum Densely 2 du/ac 4 du/ac 8 du/ac ~ 14 du/ac ,z 24 du/ac 30 du/ac Minimum Setback Front Yard i4t 42 ft cet 37 ft let 32 ft let 37 ft 15t n/a n/a Corner Side Yard t°t 27 ft 27 ft 22 ft 27 ft n/a n/a Interior Side Yard c°t 10/15 ft 5/10 ft 5/10 ft 10 ft iel n/a n/a Rear Yard I4t 60 ft 20 ft 15 ft 10 ft (e) n/a n/a At Interior Sde Boundary iDwelling/Accessory Buildin NR "'~ 15/5 (e) 15/5 let 15/5 let BwldmgHeig~t{maxrmum mieet) P> Primary Bwldings 35 ft 35 ft 35 ft 35 ft cet 40 ft tsl 55 ft cet Lot Coverage {maximum lot coverage with buildings asa percentage of #heQarcelarprolect) Lot Coverage 25% 40% 50% 50% 50% 50% Floor Areal~atro (maximum) Floor Area Ratio ° 5 7 35°k0 6 35-°h0 75 35°!e0 75 48°kN/A ~°hN/A Upen Space Requ~rement(mmtmum Qercentageof~pen space per parcelor~roiect) Private Open Space 300/150 225/150 1501100 150/100 {Ground Floor/Uooer Storvl sf sf sf sf O en S ace" ^^''^^^^^ Area (Prvate and Common 65% 60% 40% 35% 35% 35% 18 P698 Revisions to Rancho Cucamonga Public Draft Development Code Development Standard/ Zoning Dfstnct yL L LM M MH H Minimum Patio/Porch Deoth 6"°I4I 6"°j 6"4~ 6"°~ 6"°j 6' ~14j Mmtmum Dwelling Umt S¢e fel Single-Family (attached and detached) 1,000 sf Multi-Family 7101 550 sf Efficiency/Studio 650 sf One Bedroom 800 sf Three or More Bedrooms 950 sf Distance Between BmldmgsiStructures Fronts t"~ (minimum ) 15 ~5 3a 35 Between bwldings with no patio or recessed patio _ _ 30 30 30 30 Between patio fence/wall less than 5 feet in height - - 15 15 15 15 Between patio fence/wall more than 5 feet m height _ _ 20 20 20 20 Between balconies above patio fence/wall more than 5 feet in - - 20 20 20 20 height Between a patio fence/wall and a bwlding wall _ _ 20 20 20 20 With common patio fence/wall - - 30 30 30 30 Other Miscellaneous Bwldmg Setback R egmrements t" t (mrmmuml Bwlding to one-story detached garage/carport or other 6-# 6# 6 ft/15 ft 15 ft 15 ft 15 ft accessory structure Buildmg to wall or curb at 20 ft 20 ft 20 ft 20 ft project entry - Table Notes (i) On ewshng lots ofrecord, parcels less than 3 acres or less than the regwred minimum /rontage may only be developed at the lowest end of the permitted density renge (2) Average width which shall vary accordingly VL - +/- 10 /eet LBLM-+/-5feef (3) Excluding land necessary (or secondary streets and aRenals and in hillside areas shall be dependent on the slope/capacity factor contained rn Chapter 17 52 (Hillside Development Standards) (4) Setbacks are measured between the structure and curb face m front yards and comer side yards Setbacks are measured between the structure and property Irne m rear yards and interior side yards (5) Front yard setbacks m new residential developments maybe reduced by up fo five feet to allow /or venation m structural setbacks along the street (5) Add 10 feet A adfacent to VL, L or LM drstnct (7) In hdlsrde areas, heights shall be kmded to 30 /eet (8) Umrt one story within 100 feet o(VL or L drstnct /or multiple-/amdy dweldngs (g) Senior citizen pro/acts are exempted from this requirement (10) To assure that smaller units are riot concentrated in any one area or protect the Iollowing percentage limitations o/ the total number o/ units shall apply 10% for eKaency/studio and 35% /or one bedroom or up to 35% combined Subfecf to a Condrbonal Use Permit the Planning Commission may authorize a greater ratio o/ eKcrency or one-bedroom units when a development exhrbrts innovative design qualities and a balanced mix of umt saes and types 19 P699 Revisions to Rancho Cucamonga Public Draft Development Code (11) AppNes to bwldmgs fwo stones and taller m height Add 10 more /eet /or each story over two stones (i41 Free antl clear of obstructions Table 17 36 010-2 establishes applications in the LM district and single-family applications m the M district that propose the maximum density allowed in each respective district shall comply with the special development standards listed in Table 17 36 010-2 below 20 P700 Revisions to Rancho Cucamonga Public Draft Development Code TABLE 17 36 010-2 DEVELOPMENT STANDARDS FOR HIGHER RESIDENTIAL DENSITIES Optional Development Standards/ Zonmg Distract LM - M - MH - H - Minimum Site Area (Gross} 5 ac Sac Sac Sac Dwelling Units Per Acre tJp t0 g Up to 14 Up to 24 Up to 30 Minimum Dwelling Unit Size Single-Family and Multi-Family See Table 17 36 010-1 42 ft A 42 ft A 42 ft Avq 47ft A Public Street Setback vq V 5 ft +/ vq V 5 ft +/ Varv +/-5 vq + V 5 arv - arv - ft /- arv ft 15ftAvg Prroate Street or Driveway Setback Varv +/- 5 5 ft 5 ft 5 ft ft Corner Side Yard 10 ft 5 ft _ _ Interior Side Yard 10 ft i'l izi Interior Site Boundary 15/5 ft 2015 ft i'1 20/5 ft i'1 20/5 ft i'1 ~Dwelling Umt/Accessorv Building} Residential Building Separations See Table 17 36 010-1 Height Limitations 35 ft i31 35 ft iii 40 ft i31 55 ft iai Private Ooen Space 150/100 (Ground Floor/Upper Story} 300!150 sf 225/150 sf sf 150/100 sf Open Space (Private and Common! 45% 40% 40% 40% Minimum Patio/Porch Deoth E ft14i 6 ft 1°' E ft `4i 6 ft`"' Recreation Facility Required Per Section 17 132 040 ! it Add 70 feet rl adracent to VL L or LM d~strrct f2) Zero lot Ime dwelhnos cermrt(ed oursuant to Sechon 17 36 010 D L31 Lrmrt one story wrthrn 100 fee of VL or L Drstrrcl for multi-lamrly dwel6na units r4) Free and clear of obstructions G Special Streetscape It is the intent of this Section to create streetscaoe standards forth the minimum setbacks based uoon street classification in the General Plan Circulation Plan These setbacks shall be required of all new developments that contain or abut any one of the street classifications listed in the table Setbacks shall be measured from the face of the ultimate curb location 21 P701 Revisions to Rancho Cucamonga Public Draft Development Code TABLE 17 36 020-3 RESIDENTIAL STREETSCAPE SETBACK STANDARDS Land Use and Street Classification Building Parking landscape and e k Setback Setback WallWall S tbac Detached Single Family Residential 20 ft average Major/Soeaal Boulevard 45 ft 18 ft 18 ft minimum 18 ft average Secondary/Collector 35 ft 15 ft 15 ft minimum Attached Single Family Residential and Multi Family Residential 45 ft average Major/SOecial Boulevard 45 ft 30 ft 30 ft minimum ~s7 35 ft average SecondarvlCollector 35 ft 25 ft 25 ft minimum tzi Figure 17 36 020-1 Special Streetscape Setback for Single Family Residential 22 P702 Rev~slons to Rancho Cucamonga Public Draft Development Code Streetscape Setback Requirements for Mayor/Special Boulevards ~~ ~~ ~, ~~ (~ L. ~ ~ _. ~ ~ ~ 4 ~ 45'Minimum ~18'Mmimum Bwiding Setback Parking Setback JJ 1 114111 - IJ 1 II IIIIIUIII Bwiding Setback Parking Setback ~~ ~ ~ 20' Average/18' Minimum Landscape and Wali Setback 18' Average/15' Mmi mum Landscape and Wall Setback 23 Streetscape Setback Requirements for Secondary/Collectors P703 Revisions to Rancho Cucamonga Public Draft Development Code F9ure 17 36 020-2 Special Streetscape Setbacks for Multi Family Residential ~'~ Streetscape Setback Requirements for Secondary/Collectors Streetscape Setback Regwrements for Mafor/Specal Boulevards 24 ~-45Mmimum ~30'Mirnmum ~-45'Average/ Building Setback Parking Setback 30'Minimum Landscape and Wall Setback Building Setback Parking Setback 25'Minimum Landscape and Wall Setback P704 Revisions to Rancho Cucamonga Public Draft Development Code Section 17 36 030 Development Standards for Commercial and Office Zoning Distracts H__ Commeraal Streetscape Setbacks Table 17 36 030-2 sets forth the minimum setbacks for bwldings and parking faalities as well as the amount of the setback to be landscaped Setbacks apply egualiv to all commercial districts based upon street classfication m the General Plan Circulation Plan These setbacks shall be required of all new developments that contain or abut anv one of the street classifications listed in the table TABLE 17 36 030-2 COMMERCIAL STREETSCAPE SETBACK STANDARDS L d U C 6wldmo Parkma Landscape and an se and Street lassif~catton m Setback Setback Wall Setback Street yard setback (measured from face of curb) Major/Special Boulevard 45 ft 30 ft - 45 ft average 30 ft minimum Secondary Collector Streets/Local Streets 35 ft 25 ft 35 ft averaoe - 25 ft minimum Rear Prooertv Lme Setback Adjacent to ews4ng or planned residential development 20 ft 10 ft 10 ft - Adiacent to other existing or planned commercial or mdustnal development 0 - 0 - 0 - Intenor Side Prooertv Lme Setback Adjacent to existino or planned residential development 20 ft 10 ft 10 ft Adjacent to other existinp or planned commercial or industrial development 5ft - 5ft - 5 ft - (1J On existing lots of record, parcels less than 175 feet in depth need not orov~de a setback of landscaorng greater than 20 percent of the depth of the prggerty /excluding right-of-wavl 25 P705 Revisions to Rancho Cucamonga Public Draft Development Code F~ure 17.36.030-1 Special Commercial Streetscaoe Setbacks Streetscape Setback Requirements for Major/Special Boulevards 45'Minimum Building Setback 30' Minimum n~.i,:.... c...~.,~i, 45' Average/30' Min imum Streetscape Setback Requirements for Secondary Collector Streets/ Local Streets 35'Minimum 25'Minimum Building Setback-I Parking Setback .~~ - -' I '~~'';. J~ 35'Average/25'Minimum Landscape Setback .° ~~~,: _~_ L~' ~ ~3' > ~q mdr.; I! }~: Section 17.36.040 Development Standards for Industrial Districts D. Other Miscellaneous Industrial Development Standards. 5. Outdoor Eatino Area. Emolovee outdoor eating areas shall be provided as an inteoral part of site design. 26 P706 Revisions to Rancho Cucamonga Public Draft Development Code Chapter 17.38 Overlay Zoning Districts Sectlon 17 38 020 Equestrian Overlay Zoning Dlstnct B Dlstnct Boundaries The ' °`°~" ~°'^~•~ ~'^° ^^^'^~' ••'~ ~^~istnct boundaries for the Equestrlan Overlay Zoning District are Banyan Street from West City boundary to Milliken Avenue, South to CA 210 to 115 to the east and along the entire northern boundary fo the sphere of influence Sectlon 17 38 040 Haven Overlay Zoning Dlstnct TABLE 17 38 040-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS FOR HAVEN AVENUE OVERLAY ZONING DISTRICT Land Use/Zoning Dlstnct HA Recreation, Resource Preservatwn, Open Space, Education, and Pubhc Assembly Uses Assembly Use C Community Center/Civic Use P Indoor Fitness and Sports Facility -Large C Indoor Fitness and Sports Facility -Small C Park and Public Plaza C Pubhc Safety Faahty C School, Academic (Private) C School, Academic (Public) C School, College/ University (Private) C School, College/ University (Pubhc) C Schools, Speaalized Education and Training/Studio C Utdrty, Transportation, Pubhc FacdRy, and Communication Uses Broadcasting and Recording Studios P Park and Ride Facility P Parking Facddy C Transit Facility C Utility Faahty and Infrastructure -Pipelines I'I P 27 P707 Revisions to Rancho Cucamonga Public Draft Development Code Land Use2onmg Dfstrict tiA Retail, Service, and Office Uses Alcoholic Beverage Sales C Banks and Financial Services P Business Support Services P Call Centers C Child Day Care Faahty/Center C Convenience Store C Furndure, Furnishing, and Appliance Stare C Hotel and Motel P Massage Establishment P Medical Services General P Office, Business and Professional P Office, Accessory P Restaurant, No Liquor Service P Restaurant, Beer and Wine P Restaurant, Full Liquor Service C Automobile and Vehicle Uses Car Washing and Detailing C Service Stations 1~1 t3> C Ta61e Notes (1) Ufllrty faa0hes and infrastructure involving hazardous or volatile gas and/or hgmd pipeline development regmre approval o/ a Conditional Use Permd (2) Service Stations are prohibited within 800 feet o/ the Foothill Boulevard/Haven Avenue and the 4`" Sfreet/Haven Avenue intersections No service station shall be closer than Y mile o/another Service Stabon as measured from fhe nearest property Gne (3) Service Stations shall be designed to reflect the architectural standards and guidelines within the Haven Avenue Overlay Distnct No corporate prototype" architecture design will be peimittetl Sernce stations are only permitted when designed as part ol, and designed consistent with, profession ofrce complexes Section 17 38 050 4~'~eetlndustrial Commercial Overlay Zoning District C Purpose The purpose of the 4tka-Sfreetindustrial Commercial Overlay District is to establish unique allowed use provisions and protect compatibility regwrements for a ,.,f,,.., ,.~,..,,, n~+ c..,.,.. ti,..,.,,.,,.. ~.,.,,.~....,. , G ...,,, nn ~~ ~,,., n.,,... „areas of the City where both industrial park and retail development wl-iere-are compatible D Applicability The 4`"-Streetindustnal Commercial Overlay Zoning Distnct applies to property designated on the Zoning Map by reference letters "IC4S" after the reference letter(s) identifying the base zoning district E Allowed Use Allowed uses for the 4~'~treetlndustrial Commercial Overlay Zoning District are listed below in Table 17 38 050-1 (Allowed Land Uses and Permit Reqwrements for 4`~-~#eetlndustrial Commercial Overlay Zoning District) Generally, 28 P708 Revisions to Rancho Cucamonga Public Draft Development Code a use is either allowed by right, allowed through issuance of a conditional use permit, or not permitted In the table below, a land use shown with a "P" indicates that the land use is permitted by right in the designated zoning district, subject to compliance with all applicable provisions of this Title (e g ,development standards) as well state and federal law Additionally, a land use shown with a "C" indicates that the land use is permitted in the designated zoning district upon issuance of a Conditional Use Permit from the designated approving authority, subject to compliance with all applicable provisions of this Zoning Code (e g ,development standards) as well as state and federal law Uses not listed in the table are not permitted In the event of a conflict between the allowed uses for this district and the allowed uses of the underlying base zoning district, the allowed uses for this district shall apply TABLE 17 38 050-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS FOR 4"~STR~EETINDUSTRIAL COMMERCIAL OVERLAY ZONING DISTRICT Land UselZonmg District 4SIC Residential Uses Caretaker Housing C Emergency Shelter C Group Residential C Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly Use N6 Community Center/Civic Use p Indoor AmusemenUEntertainment Facility C Indoor Fitness and Sports Facility -Large C Indoor Fitness and Sports Facility -Small C Library and Museum C Outdoor Commercial Recreation C Public Safety Facility C School, Academic (Private) C School, Academic (Public) p School, College/ Universdy (Private) C School, College/ University (Public) C Schools, Specialized Education and Training/Studio C Theaters and Auditoriums C Tutoring Center -Large C Tutoring Center -Small P Ubbty, Transportation, Public Facdrty, and Commumcatwn Uses Broadcasting and Recording Studios P Park and Ride Faahty C Parking Facddy p Utility Facility and Infrastructure -Pipelines i'i P Retail, Service, and Office Uses 29 P709 Revisions to Rancho Cucamonga Public Draft Development Code Land llse/Zomng Orstnct 4SIC Adult Day Care Faality C Alcoholic Beverage Sales C Ambulance Service C Animal Sales and Grooming p Art, Antique, Collectable Shop p Artisan Shop p Banks and Financial Services P Bar/Nightclub C Business Support Services P Call Centers C Check Cashing Business ~z~ P Child Day Care Facility/Center C Consignment Store C Convenience Store C Dnve-In and Drive-Through Sales and Service 131 C Equipment Sales and Rental C Furniture, Furnishing, and Appliance Store P Garden Center/Plant Nursery P Grocery Store/ Supermarket P Gun Sales C Hookah Shop C Home Improvement Supply Store C Hotel and Motel p Internet Cafe P Kennel, Commercial C Liquor Store C Maintenance and Repair, Small Equipment P Massage Establishment P Medical Services, General P Medical Services, Hospitals C Mortuary/Funeral Home C Office, Business and Professional p Office, Accessory p Pawnshop a> C Personal Services P Restaurant, No Liquor Service P Restaurant, Beer and Wine p Restaurant, Full Liquor Service C Retail, Accessory p 30 P710 Revisions to Rancho Cucamonga Public Draft Development Code Land UselZoning Distract 4SIC Retail, General p Retail, Warehouse Club p Secondhand Dealer p Smoke Shop tzl C Tattoo Shop izi C Thrift Store t21 C Veterinary Facility p Avtomobde and Vehicle Uses Auto and Vehicle Sales and Rental C Auto and Vehicle Sales, Autobroker p Auto and Vehicle Sales, Wholesale p Auto Parts Sales p Car Washing and Detailing C Service Stations C Vehicle Services, Ma1or C Vehicle Services, Minor p industnal, Manufactunng, and Processing Uses Printing and Publishing p Recycling Facility, Collection p Storage Warehouse C Table Notes (1) U66ty (aci66es and infrastructure mvoltnng hazardous or volatile gas and/or hgwd prpe6ne development require approval of a Conditional Use Permit (2) See additional regulations for special regulated uses in Chapter 17 108 (3) See addtional regulations /or dove-rn and dove-through /acilrties m Chapter 17 92 F Protect Compatibility Retail development within the 4~'~reetlndustnal Commeraal Overlay Zoning District shall be compatible with adjacent existing and intended Industrial Park and General Industrial development through proper site planning, bwlding design, and landscaping As such, a Master Plan is regwred consistent with Chapter 17 22 31 P711 Revisions to Rancho Cucamonga Public Draft Development Code Article IV Site Development Provisions Chapter 17.42 Accessory Structures FIGURE 17.42.040-1 SETBACK MEASUREMENTS FOR ACCESSORY STRUCTURES Front Pro perty Line p IFrontYard Setback ~ C ~ Y.• ~ N ~ ~ ~ C d ~ ~ J Q/ Vl o ~ Primary ~ H ~ a , ~ Building ~ ; o a N d ~ y P C ~ W in ~ ,n ~ ~ ~\ ~ y _C ~ 30% Max Rear Yard Lot jj l~_ _ 1~' __ J Coverage Rear Property Line Solid Roof Structure Front Property Line Front Yard ( y C Y Setback Y J q >,; ~ N ~ d ~ d C J °10. v Primary a a` ; > Building a ; a ~ ~ ~ Z ~ O` o_ in ~ a S °- ~. rv P `\ C tI'i ~_ _ ~w __ i Rear Property Line Water Feature Front Property Line Front Yard a ' 15etback Y ' C Y ~ ~ J ~ ~_ y ~ D d C d Vf J d ~ ~ y o ~ Primary ,~ Building ~ ; ~ v N ~^ o_ N O d v y~ a ~ ~~in N ~ , ~ v, ~ :, ~ 3096 Max Rear Yard lot `__ _ __ _~ Coverage Rear Property Line Solid Roof Structure, Maximum 6'Tall Front Property Line I Front Yard ' (Setback ' ~ C 111 Y J a LT L ~ ` d C y ~ y ~ ~ J a i z Primary ~ ti oo`. ; i ' Building v ~ ~ °o. ^, v { _ "' O t7 '_ in ~n a I o d N =' `J a ~%' _C ' v N "' ~ ~ ~ ~ - 30%Max Rear Yard Lot L_ _ Ste` ~ Coverage Rear Property Line Pools/Spas Front Property Line Front Yard Setback 0' ~c ~ Y A .a ~ v ~~~ a;c y N J N N ~ y o ~ Primary m ~ ; ~ Building ~ ; o ~ N ,n la /~ ~ O II Q~ ~ ~ a v ~_ N ~ ^~ ~ Rear Property Line Open Roof Structure 32 P712 Revisions to Rancho Cucamonga Public Draft Development Code TABLE 17 42 040-1 DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES Mm~mum Setback Distance Maximum Accessory from Property Lme or Other Structures Rear Yard Maxim Structure (Type) Street Pnma Lot Height Front Rear Side Stde Yard Bwldmg Coverage~~l Solid Roof Not 5ft 1't ft I'S~ pe m~tted t'x-~> 30% regwred 16 ft Structure permitted a> ~ yard area Open Roof Not 5ft 5 ft ~ Not t+~s~> n/a ~~> 16 ft Structure permitted permitted Water Features NO 3 ft 5ft Not No n/a 16 ft minimum permitted minimum Pools/spas NOt 5 ft t64I 5 ft isal Not No 30% required 5 ft permitted permitted minimum yard area Pool Accessones Not 5ft 5ft Not No 30% regwred n/a permitted permitted minimum yard area Play Egwpment ~ 5ft 5ft Not No n/a n/a erm tted p permitted minimum Deck/Patio ~ 5ft 5ft Not No n/a n/a a m tted p permitted minimum Outdoor Not No Entertainment a m~tted p 5ft 5ft permitted minimum n/a n/a Features Temporary, Portable Shade Not 5ft 5ft Not t,l L~l 30%regwred 10 ft Structures permitted permitted yard area (1) Accessory buildings not exceeding 6 teat m height at the highest point may be bmlt to the srde and/or rear property bne, provided that the accessory structure ~tiw~t-less-tbaak-feet-+nmeets mrnrmum bw/dmo code reumrements for distance behveen the accessory structure kea~and the pnmary budding (32) For reverse corner lots the street srde yard setback shall be the same as the /root yard setback /or the ad/acent key lot (42) Accessory Structures wdh sobd roofs that are less than 6 /eet fall and 720square (eet m area can be located m the street side yard LLNo minimum setback required Accessory buildings may be attached to and have a common wall with the main building or when located as required by this chapter maybe connected to the main burldrng by a breezeway (64) Measurement from water's edge Related equipment shall be set back a mrnrmum o/ 5 feet from all srde and rear property tines (75) Accessory structure shall not exceed the overall lot coverage limitation for the property (see Chapter 17 36) (86) Trellis type and open roo/structures are exempt from lot coverage calculations 33 P713 Revisions to Rancho Cucamonga Public Draft Development Code FF~ure17.42.040-2 Special Setbacks for Accessory Structures in Rear Yards Chapter 17.48 Front Property Line ~-- -- --~ w w c ~ ~ c J J ~ ~_ a, °d Primary I a` .D , Building , ~ ~I lin Buildable Area Buildable Area Within the Rear Yard Setback Area Solid and Open Roof Structures Located ~ Outside of the Rear Yard Setback Area are I I, Required to Maintain the Same Side Yard ~ 1 ~ Setback as the Primary StruRUre. Solid and Open Roof Structures Located -- -- _ Rear Property Line Within the Rear Yard Setback Area are Required to Maintain a S' Side Yard Setback. Fences, Walls, and Screening Chapter 17.50 Green Building Section 17.50.020 Applicability C. All municipal projects undertaken by the City of Rancho Cucamonga, shall: For all buildings over 7.500 square feet, iea~~all of the Tier 1 provisions of the CalGreen Building Code shall be implemented or as#+eue-100 points shall be achieved based on the optional provisions of the "City of Rancho Cucamonga, Green Building Code Compliance Matrix (Non-residential)." 34 FIGURE 17.48.030-2 MEASUREMENT OF FENCE AND WALL HEIGHT ON PARCELS WITH DIFFERENT ELEVATIONS P714 Revisions to Rancho Cucamonga Public Draft Development Code Section 17 50 030 Incentives B RC Green 200 All buildings achieving CalGreen Tier 2 or 200 points or more on the relevant Green Building Code Compliance Matrix as maintained by the Planning Dvector shall be eligible for Reduction in tk~one site development standards or architectural design regwrements, including but not limited to Chapter 17.54 Uses in Historic Structures A Purpose Existing historical landmarks and focal points, which have been recognized by the City as having historical signrficance, are encouraged to be enhanced through physical improvements The purpose of this Chapter is to identify allowed uses for historic structures in residential districts See additional regulations for historic resources can be found in Chapter 1718 (Historic Preservation Commission Decisions) B Allowed Uses Historical structures within a residential district may be used for uses other than residential with approval of a Conditional Use Permit based upon the following criteria 1 Proposed use shall not cause intensification or disruption to any adjacent uses or neighborhood 2 The uses shall be limited to small scale uses such as, but not limited to. boarding house, bed and breakfast, minor offices, boutique, antique shop, bookstore or florist The site and structure shall be fully improved to include such things as, but not limited to, landscaping, parking, new exterior budding materials (roofing, siding, painting), walls or fences, street improvements drainage facilities, etc Chapter 17.58 Landscape Standards Section 17 58 040 Landscape Plan Review Process A Landscaping Plans Subtect to Review When the regwrements of this Chapter are applicable as established in Section 17 58 020 (Applicability), the following landscape plan review process shall be conducted in conjunction with design review for the proposed action, pursuant to the regwrements of Section 17 16 140 (Design Review) Approving Authority The designated approving authority shall be the same as the designated approving authority of the entitlement for new projects or existing development as identified in Section 17 58 020 (Applicability) For projects in the wildland-urban interface area. the Fire Chief is an additional approving authors 35 P715 Revisions to Rancho Cucamonga Public Draft Development Code Section 17 58 050 General Landscape Development Standards B Plant Type Landscape planting shall emphasize drought-tolerant and native speces (espeaally along natural, open space areas), shall complement the architectural design of structures on the site, and shall be suitable for the soil and climatic conditions specific to the site In the wildland-urban interface fire area. planting shall emphasize wildfire hazard reduction 4 In the wildland-urban interface fire area. plant tvpes shall not include those identified as fire prone or those tvpes that are specifically prohibited by the Fire Distract C Planting Size, Spacing, and Planter Widths In order to achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes, plant spacng, and minimum planter widths (inside measurements) are as follows In the wildland-urban interface fire area. size, spacing clustering and arrangement shall conform to Fire District requirements Section 17 58 060 Special Landscape Reqwrements In addition to the general requirements of Section 17 58 050 (General Landscape Development Standards), the feAew+ag-regwrements listed below apply to the special types of landscaping_ However, in the wildland-urban interface fire area. the Fire District regwrements preclude the apphcat~on of these special types of landscaping ^°'^~'~^'^^~' ~^'^~•~ M Parking Lot Landscape Parking lot landscape includes perimeter planters, abutting parking lots and drive aisles, tree planting for parking lot shade, and a combination of continuous planting strips, planting fingers, and parking islands throughout the parking lot Parking lot landscape requirements applicable to parking lots commercial, industrial, Mixed-Use, and multi-family parking lots with five (5) or more spaces are listed below Each unenclosed parking facility shall provide a perimeter landscaped strap at least s~five feet (56') wide (inside dimension) where the facility adloms a side or rear property line The perimeter landscaped step may include any landscaped yard or landscaped area otherwise regwred and shall be continuous, except for regwred access to the site or parking faality 36 P716 Revisions to Rancho Cucamonga Public Draft Development Code Figure 17.58.060-2 Parking Lot Planter Design ^^ `^ FT. Minimum PI--'-- ong Side of Sta OR ~., .,.~ FT. Minimum PIS, „~, Along Per Stall Front Section 17.58.070 Additional Requirements for Residential Areas A. Front Yard Landscaping. Where required in Table 17.58.070-1 for new development (Trees Required in Residential Zones), front yard landscaping shall include, at a minimum, one fifteen (15) gallon size tree, one five (5) gallon size tree, seeded ground cover, and a permanent irrigation system to be installed by the developer prior to occupancy. This requirement shall be in addition to required street trees. C. Trees Required. Table 17.58.070-1 (Trees Required in Residential Zones) sets forth minimum standards for the number and size of trees, both on- and off-site for new development. Chapter 17.62 Outdoor Sales, Storage, Display and Seating Section 17.62.030 Development, Operation, and Maintenance B. Standards for Outdoor Display and Sales. The following development standards shall apply to all permanent and temporary outdoor display and sales activities: Associated with the Primary Use. All outdoor display and sales activities shall be associated with the primary use of the property. Only those goods and services associated with the primary use may be stored, sold, or displayed. All outdoor display and sales activities that are independent of the primary use shall be considered their own primary use and regulated as such-(e-~ of color o 0 1^m nr..~n, ., T.~.m nn.~+n. I L-n D......'t No item shall be displayed in a manner that: causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic, obstructs in Dart or in whole an emeroencv vehicle/fire access lane; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety, or welfare or causes a public nuisance. 37 P717 Revisions to Rancho Cucamonga Public Draft Development Code Chapter 17.68 Parking and Loading Sectlon 17 68 020 Applicability The regulations contained in this Chapter shall apply to the construction, change, or expansion of a use or structure and shall require that adequate parking spaces, loading areas, and bicycle parking areas are permanently provided and maintained for the benefit of residents, employees, customers, and visitors, within or outside of buildings or in a combination of both, in accordance with the requrements listed in this Chapter These regwrements shall be in addition to any other development requirements contained elsewhere within the Zoning Code (e g ,landscaping) Off-street parking and loading requirements of this Chapter shall be recalculated as listed below ~ Ghange=., i ice„ ~n~ti~...ti~ . ,s ..., ti is ~ . w a ~~ y w a 0 S- Change of ~.. ini~,,..,, ti i a as ~ i 0 Sectlon 17 68 050 Number of Parking Spaces Required TABLE 17 68 OSO-1 PARKING REQUIREMENTS BY LAND USE Use Spaces Notes Residential Single-family detached dwellings 2 per unit 2 in garage Multi-family development (condominwm, townhome, etc)semi-detached single-family (zero lot line, patio homes, duplexes, etc) and mobile home parks i'i - Studio 1 3 per unit 1 in garage or carport - One bedroom 1 5 per unit 1 in garage or carport - Two bedrooms 2 per unit 1 in garage or carport - Three bedrooms 2 per unit 2 in garage or carport - Four or more bedrooms 32 5 per unit 2 in garage or carport - Visitor (additional regwred) 1 per 3 units Commercial, Service, and Office Uses Shopping Centers - Less than 25,000 square feet Varies See individual uses - 25,000 to 599,000 square feet 5 per 1,000 sf Centers bwlt prior to 1988 4 5/1,000 38 P718 Revisions to Rancho Cucamonga Pubitc Draft Development Code Use Spaces Notes - 599,000 to 1,000,000 square feet 5 5 per 1,000 sf or a Parking Study Centers built prior to 1988 regwre may be provided q 5/1,000 - Food service (if over 15% of GLA~Zi) +1 per 100 sf Additional applied to floor area of food service use - Cinemas in centers less than 100,000 square feet (occupying less than 10% +3 per 100 seats of GLA~Z~) - Cinemas in centers of 100,000 to 200,000 square feet, additional +3 per 100 parking only regwred after the first 750 seats - Offices (rf over 10% of GlA)I~1 - Parking study regwred - Shopping Center over 1,000,000 - Parking study regwred square feet Canvash and detail (full service) 16 stalls Carwash (self service and drive thru) 2 5 per wash bay Service/gas station 3 0 per 1,000 sf + 2 per service bay Barber shops/beauty parlors Park at retail Laundromats and/or dry cleaners park at retail Offices, financial institutions, retail stores 4 per 1,000 sf Commercial storage yards (e g , 6 spaces Separated from enclosed storage contractors, salvage) area Includes area of open area devoted Lumber yard 4 per 1,000 sf to display of lumber and other products Mortuaries and funeral homes 1 per 35 sf Applies only to the assembly room floor area Motels and hotels 1 per unit + 2 2 additional spaces for manager Customer parking (additional Vehicle sales, repair, service 2 5 per 1,000 sf spaces needed for vehicle storage related to business operations) Furniture and appliance stores 2 per 1,000 sf Day cares/pre-schools 1 per employee + 1 per 5 children Public utilities uses 1 per 2 employees Storage for utility-owned vehicles (2 minimum) must also be provided for Commercial Recreation Uses Bowling alleys and/or billiard halls 5 per alley and/or 2 per table 39 P719 Revisions to Rancho Cucamonga Public Draft Development Code 17se Spaces Notes Stables 1 per 5 horses Dnving ranges 1 per tee Additional parking required for related uses on site Golf courses 6 per hole Additional parking required for related uses on site Miniature golf course 3 per hole Additional parking required for related uses on site Skating rinks 5 per 1,000 sf Includes related uses and all indoor " " and outdoor active areas Svnmming pool (commercial) 5 per 1,000 sf Included related uses and all indoor " " and outdoor active areas, Tennis, handball, and racquetball facilities 3 per court Additional parking required for related uses on site Health clubs and other fitness related 5 per 1,000 sf facilities Educatwnai uses Elementary and funior high schools 2 per classroom Senior high school 1 per employee + 1 per 6 students Colleges, universities 1 per 2 employees + 1 per 3 students Commeraal schools (trade, business 1 per student + 1 colleges, etc) per faculty Medical/Health Uses Dentist, medical, veterinary offices/clinics 5 per 1,000 sf Congregate care faalities (e g ,nursing, children's, sanitanums) 1 per 4 beds Based on resident capacdy Hospitals 1 75 per bed Places of Assembly Restaurants and lounges 10 per 1,000 sf Fast-food restaurant 10 per 1,000 sf 1 per 3 seats or 1 Auditorwms, sports arenas, stadiums per 35 sf of seating area Movie theaters - Single Screen 1 per 3 seats - Multi-Screen 1 per 4 seats 40 P720 Revisions to Rancho Cucamonga Public Draft Development Code Use Spaces Notes 1 per 3 seats or 1 1 5 linear feet on a bench is Other places of assembly (e g ,churches) per 35 sf of main egwvalent to 1 seat Schedule of auditorium activities and/or Parking study may be required Industrial, Warehousing, and Manufacturing 1 per 1,000 sf for first 20.000 sf, 1 Per 2.000 sf for the Warehouse/storage next 20 000 sf and 1 per 4.000 sf for the remaining sf Industrial/manufacturing 2 per 1,000 sf Research and development 3 per 1,000 sf Office and administration 4 per 1,000 sf Multi-tenant buildings (office less than t~1 2 5 per 1 000 sf 35% GIA ) , Indoor wholesale/retail commeraal 4 per 1,000 sf (1) F/ty percent (50'x) o/ the total required covered spaces shall be within enclosed garage structures The use of carports requires approval /rom the Design Rewew Committee (2) GLA is Gross Leasable Area Section 17 68 060 Reductions In Parking Requirements C Other Parking Reductions Required parking for any use except asingle-family dwelling, second dwelling unit, or two-family dwelling may be reduced through approval of a Minor Exception r a Conditional Use Permit by the Planning Sernrxa~sstenDirector Criteria for Approval The Planning Sea~xuss+er~-Dvector wlll only grant a Conditional Use Permit for reduced parking if it finds that the protect meets all of the Conditional Use Permit criteria in Section 17 18 020 (Conditional Use Permits) and that three or more of the circumstances Ilsted below are true Section 17 68 110 Electric Vehicle Parklng Requirements The following regwrements apply to electric vehicle parking facilities All charging facilities shall be approved through the Plan Check /Zoning Clearance process B Designated Spaces Outdoor charging of electric vehicle shall only occur in designated electric vehicle spaces according to the following 1 Electricity shall oniv be provided from outdoor electrical outlets installed according to the California Electrical Code. 41 P721 Revisions to Rancho Cucamonga Public Draft Development Code 2 Electric cords shall not cross vehicular or oedestrian pathwavs 3 When mstalled in common Darkinq areas to g surface Darkinq lots garages etc) the spaces shall be restricted to electric vehicles charginq only and identified with signage and Davement markings C Electric Vehicles in Smgle Familv Residential When mstalled electric vehicle charginq in single Familv residential areas shall be located as follows 1 Within a garage or carport 2 Outside of setback area, or 3 If within a setback area screened from view of the public right-of-wav with landscaping or fencing Chapter 17 74 Sidewalks and Trails Section 17 74 030 On-Sete Pedestrian Pathways The pedestrian path system shall be designed to provide the pedestrian safe passage throughout the protect area Adherence to all of the following provisions will create maximum safe connectivity for pedestrians G Perimeter pathways around each buitdmg in nonresidential distracts, with the following requirements 2 Building perimeter pathways shall comply with ADA requirements as outlined in the Building Code Chapter 17.78 Sign Regulations for Private Property Section 17 78 080 Allowed Permanent On-Site Sign Standards TABLE 17 78 080-1 SIGNAGE STANDARDS FOR PERMANENT ON-SITE SIGNS Development Standards 131 Sign Type Maximum Number Maximum Maximum Permitted Area Height Residential Zoning Distracts Wall Sign 1 sign per establishment 20 sf Roofline Institution Monument Sign 1 sign per establishment 24 sf 6' Multi-Famil y Wall Sign 1 sign per street Roofline or 20', whichever is Complex, s12 n t frontage, maximum 2 12 sf less u i s signs Monument Sign g' 42 P722 Revisions to Rancho Cucamonga Public Draft Development Code Development Standards t3) S~gn'rype Maximum Number Maximum Maximum Permitted Area Height Roofline or 20', Multi-Family Wall Sign 1 sign per street whichever is Complex, >12 frontage, maximum 2 24 sf less units signs Monument Sign 6' Permanent Wall Sign 6' Subdivision 2 signs per development 24 sf Identification Sign Monument Sign 4' S h l Wall Sign 1 per use 20 sf Roofline c oo Monument Sign 1 per use 50 sf 20' Commeraal, Office, andi~Aixed-Use Zoning Dtstncts 1 wall sign Max 3 2 sf 1 If max Roofline or 20', Wall Sign per building signs , 150 sf whichever is face, max 3 total less Establishments 1 monument between Not in a Multi- Tenant Center Monument Sign sign per both 24 sf 8' street, max 2 types Pedestrian Traffic 1 per establishment 6 sf 12' Sign Wall Sign, 1 sign per establishment 2 sf 1 If, max Primary per building face max 3 150 sf per Roofline or 20', Establishment , establishment v,~hichever is Retail Wall Sign, Sub- 1 sign per sub- less Establishments in M lt T t Establishment establishment, max 2 75 s ft total q a u i- enan Center Monument t'I 1 sign peZStreet 24 sf (Z) 8' frontage Pedestnan Traffic 1 per establishment 6 sf 12' Sgn 6 signs total (maximum 4 1 1 sf to lineal Cannot project Retail Wall Signs Establishments signs per building face) frontage ratio above wall plane Over 100.000 Monument Signs 1~er street frontage 48 sf 8 Square Feet (Free-Standing 1 sign per sub- d dh M lt Wall Sign Sub establishment (maximum 75 sf (total of 3 Cannot project an w in u i- Tenant Cent r ) Establishment 3sub-establishment si ns above wall plane e s si ns 1 sign per establishment 2 sf 1 If, max Wall Sign per bulding face, max 2 50 sf per Roofline Office establishment Establishments in Monument Sign 1 sign per street ' a Multi-Tenant tip frontage 24 sf 8 Center Pedestnan Traffic 1 per establishment 6 sf 12' Sign 43 P723 Revisions to Rancho Cucamonga Public Draft Development Code Development Standards tsl Sign Type MaxtmumNumber Maxfmum Maximum Permitted Area Height Protect Idenhflcation Sign, All Wall Sign 1 sign per street 24 sf 6' Development frontage, max 2 Types Industrial Zoning Distracts - - Wall Sign 1 sign per establishment 2 sf 1 If, max 150 sf per Roofline All per building face, max 2 establishment Establishments Monument Sign I'I 1 sign per street lzl (s> 24 sf 8' frontage Table Notes (1) On multi-tenant monument signs, the name o/the center shall not be calculated m the maxrmum srgn area Rather the name o/the center shall have a separete maxrmum srgn area o/ 8 square feet All tenant signs shall have a minimum letter height o/ 8 inches The maxrmum number o/tenants rs four on each srgn face The two srgn /aces o/ a monument srgn are not required fo be identical m terms o/tenant idenbficahon (2) May be increased to 2 per street Irontage when signs are spaced a mrnrmum of 300 feet apart Alternatively the maxrmum area maybe increased to 48 square feet when the site frontage is longer than 500 feet In no case may these two allowances 6e combined (3) Signage n:qurred accoMmg to the Fie Districts standards for muRafamily and commercralhndustnal /acdrhes are exempt Irom the Emits established by this table Section 17 78 090 Allowed Temporary On-Sete Slgn Standards TABLE 17 7$ 090-1 ALLOWED TEMPORARY ON-SITE SIGN STANDARDS Development Standards Sign Type = Maximum Maximum Minimum Number Maximum Area - }lefght Setbac7cfirom ~ permitted ) ROV~ On-Site Subdrvfston Sfgns 1 sign per street 32 sf per side, General Signs frontage of the boundary of the max 2 sides (64 15' 5' protect sf total) Flags 6 flags 15 sf per flag 15' S' All Other Uses I~1 Wall 1 si n er g ~ Roofline 5' 50 sf Ground Sign establ ishment S' S' Flags 1 flag 15 sf per flag 15° 5" Table Notes (1) Must be located outside o/the clear visibility triangle (2) Choice o/one sign type at a lime P724 Revisions to Rancho Cucamonga Public Draft Development Code Chapter 17 84 Tree Preservation Section 17 84 040 Tree Replacement Policy Where existing eucalyptus windrows are to be removed, they shall be replaced with Eucalyptus maculata (spotted gum),_ Euca/yptus nrcholu or other Eucalvotus species as approved by the Plannino Director along the established grid pattern in fifteen (15) gallon size minimum spaced at eight feet (8') on center and properly staked, unless otherwise specified by a Specific Plan or Community Plan or the Fire Code Section 77 84 060 Tree Maintenance A ~ To ensure adequate and uniform maintenance, eucalyptus windrows should be maintained in a manner that preserves the aesthetics and history of the eucalyptus windrows and consistent with the Citv's fire hazard abatement provisions 45 P725 Revisions to Rancho Cucamonga Public Draft Development Code Article V Specific Use Requirements Chapter 17.92 Drive-In and Drive-Through Uses Section 17.92.030 Development and Design Standards Figure 17.92.030-1 Drive-Through Site Standards 300'min between uses with drive-through fadlities and intersections and other drive-through facilities on the same side o(the street (except within a shopping center or master plan) Buildings shall orient the public entrances toward [he street Public Street -~ - C _o II 45' min setback from [he ultimate curb face for parking and drive-through lane ~` ~ Drive [hru lanes shall be screened through building orientation, the ~ O use of a combination of low 0 ~ t- soeen walls, heavy landscaping, and trellis work. ~ _i The minimum Door area for drive- I I '. I ~ III I I through facilities shall be 1,500 s( "~"""+^~~' The drive thru lane shall be a sufficient - I ~ length to accommodate the necessary ~ ~ ! ~ i w stacking of cars. The stacking distance n _ - G shall be determined through a parking i ~ study as provided in Chapter 17,68 u - -1-- - v - > (Parking and Loading). ~ - - - D l' O - Courtyards, plazas, and other landscape - ' ~ ~ open spaces should be used to promote 200 min hetween restaurants with drive-throu h facilities _ - - safe and convenient pedestrian = + ~- g movement with continuous landscape t~ and any residential use or _ -'- _ pathway between buildings. -~- - district boundary ~ -t- _~._. ... The parking requirements for drive o thru facilities shall be according to ^ - Chapter 17.68 (Parking and Loading). (,.I~~ ~~ Public Street 46 P726 Revtslons to Rancho Cucamonga Publtc Draft Development Code Chapter 17.98 Home Occupations Section 17 98 020 Permit Required Prior to the establishment of a home occupation, a Home Occupation Permit shall first be secured by the user A Home Occupation Permit shall be in addition to any other permit or license that may be regwred by the City, County, or State, including a Business License Home Occupation Permits are allowed on legal non-conforming residential properties fe q existing single family home that is legally non-conforming on a parcel that is zoned industrial) Chapter 17.104 Public Utilltles and Uses Section 17 104 040 Development Requirements for Fixed-Base Structure and Faal~ties D Treatment Plant Treatment plants shall observe all development standards of the underlying zoning district, except that any treatment ponds or other structures that may emit an odor shall be located a minimum of iwo hundred feet (200') from a residential zoning district or residential use The use shall also provide landscaping along the perimeter of the use, including a minimum twenty-five foot (25') wide landscape area and trees planted thirty feet (30') on center Landscaping for treatment plants located in wildland-urban interface fire areas shall comply with the vegetation management requirements of the Fire District Chapter 17.110 Temporary Uses Section 17.110.020 Permtt Requirements and Exemptions Uses of property (including land, bwldmgs, and structures) and activities that are temporary in nature shall comply with the permit requirements described below The process for application for and review and issuance of a Temporary Use Permit shall be as described m Section 17 16 070 (Temporary Use Permit) A Temporary Use Permit Requred The following temporary activities and uses may be allowed, subfect to the issuance of a Temporary Use Permit prior to the commencement of the activity or use and subject to the requrements within this section Construction yards, storage sheds, and construction offices (off-site) m con)unction with an approved construction protect, where the yard is located on a site different from the site of the approved construction protect Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainmenUsporting events, and similar events designed to attract large crowds and that are held either on private or public property when not otherwise part of or consistent with a permitted use (e g ,race at a raceway) Farmers Markets, as defined in this Title, held on public or private property 47 P727 Revisions to Rancho Cucamonga Public Draft Development Code 4. Swap meets, as defined in this Chapter, including flea markets, rummage sales, and similar events held on public or private property. 5. Seasonal sales as defined in this Chapter (e.g., Halloween, Christmas), including temporary residence/security trailers. 6. Temporary sales offices as defined in this Title. 7. Fruit and vegetable stands (related to on-site businessl. 8. Outdoor displav of merchandise as accessory to current on-site business f}9. Parking lot and sidewalk sales. 7:10_Other temporary activities that the Planning Director determines are similar in nature and intensity to those identified above. Section 17.110.040 Standards for Specific Temporary Uses The following standards shall apply to the specific temporary uses described below. B. Parking Lot and Sidewalk Sales. Parking lot and sidewalk sales may be permitted on private property in the commercial/retail areas of the City, including retail/wholesale businesses located in industrial areas, in connection with current on- site businesses, subject to the approval of a Temporary Use Permit as provided in Section 17.16.070 (Temporary Use Permits) and the following criteria: 4. The activity shall not present a hazard to pedestrians or encroach on a required building exit or emergency vehicle/fire access lanes. K. Model Homes. Model homes may be used as offices solely for the first sale of homes within a recorded tract subject to the following conditions: 12. Temporary landscaping, including minimum 364-inch box trees, shall be provided within the on-street parking area (cul-de-sac). Temporary landscaping shall also be provided within a planter area surrounding the overflow parking area. Chapter 17.112 Wireless Communication Facilities Section 17.112.020 Permit Requirements and Exemptions D. Removal of wireless communication facilities is exempt from permit requirements ~ E. Replacement of equipment which does not substantially change the tower or shelter is exempt from planning permits. but may be subject to other building permits. 48 P728 Revisions to Rancho Cucamonga Public Draft Development Code Article VI Special Planning Areas Chapter 17 116 Master Plan Purpose Section 17 116 010 Special Planning Area Purpose and Intent Special Planning Areas are geographic areas within the City that have adopted plans with unique use, development, and/or design regulations that vary or deviate from the Citywide zoning and development standards Throughout the United States, Special Planning Areas are created for a variety of reasons, including but not limited to private development applications for master planned communities, protection of unique resources (e g , historic district, environmental protection), special site considerations (e g , hillside development, scenic corridors), and/or special use considerations (e g , targeted use areas, redevelopment opportunities) Since incorporation, Special Planning Areas in Rancho Cucamonga have been established for all of the above listed reasons This Chapter identifies and describes the City's Special Planning Areas, which are areas subject to unique zoning and development regulations according to the following general categories C Master Plans Master Plans are discretionary planning entitlements (not a zoning district) that allow flexibility in the allowed uses and development standards for speafic types of projects Master Plans are required for mixed-use protects and other integrated developments that warrant special development consideration beyond conventional zoning regulations to address the special or unique needs or characteristics Master Plans are also requred for areas designated on the General Plan Land Use Map with the Master Plan symbol ~•^^^+ ^' •••~~^~ ^~^ ~^^ ^^^+^•+ ~~„«~ The Master Plan entitlement regwres preparation of a conceptual master plan to address issues such as circulation, drainage, open space linkages, trail connections, compatibility with adtacent uses, and similar concerns through a comprehensive approach and creative design flexibility Master Plans are intended to assure a harmonious relationship between the existing and proposed uses, and to coordinate and promote the community improvement efforts of both private and public resources Subsequent development within the master planned areas must be consistent with the approved conceptual master plans Chapter 17 118 Master Plan Descriptions Section 17 118 040 Master Plan Descriptions The Master Plans listed below have been adopted by the City of Rancho Cucamonga This is a partial list because the City has also approved other Master Plans that are simply site plans approved as part of the previous master planning entitlement This Section provides a reference to sash-the more detailed ade{~tec#-Master Plans, along with a summary of the unique land use and development standards applicable to each individual Master Plan A full copy of all adopted Master Plan documents (and any adopted amendments thereto) shall be kept in the Planning Department and in the City Clerk's office 49 P729 Revisions to Rancho Cucamonga Public Draft Development Code Article VII Design Standards and Guidelines Chapter 17.132 Residential Design Standards TABLE 17 132 010-1 SINGLE-FAMILY VARIATIONS REQUIRED Number of Dwellings Floor Plans (mmtmum)' Elevations (per floor plan)Z 5-10 3 2 11-20 4 3 21 ~0 5 3 41-60 6 4 61-80 7 4 81-100 8 4 Over 100 8+1 (for each 40 additional) 4 f71 The following maybe counted as addrtronal floor plans Reverse footpnnts Altemate onentahon o/90 degrees or greater Altemate garage onentabon Q e side entry or detached) (21 Reverse footpnnts shall not count as addrtronal elevations Vanahons rn the following design elements which create a sgmficant difference in streetscape appearance shall count as addrhonal elevahons Plans wdh diBerent architectural styles Plans with changes rn massing and scale Plans with roof edges running m different dvecbons Plans with signibcant changes m roo/pitch appropriate to fhe style Chapter 17 132 040 Residential Development M Recreation Area /Facility Where reawred in the M MH and H residential districts the developer shall provide recreational amenities in conjunction with common open space as follows 1 Development consisting of 30 units or less shall provide three of the following recreational amenities a Large open lawn area. one of the dimensions shall be a minimum of 50 feet b Enclosed tot lot with multiple plav equipment c Spa or pool d Barbecue faality equipped with grill picnic benches etc equivalent, as approved by the Planning Commission 50 P730 Revisions to Rancho Cucamonga Public Draft Development Code 3 Development consisting of 101 urnts to 200 units shall provide five of the following recreational amenities or egwvalent as approved by the Planning Commission a Large open lawn, one of the dimensions shall be a minimum of 100 feet b Multiple enclosed tot lots with multiple plav egwpment The tot lots shall be convenientiv located throughout the site The number of tot lots and their location shall be subject tg Planning Commission review and approval c Pool and spa d Community multi-purpose room equipped with kitchen defined areas for games, exerases. etc site The number of barbecue facilities and their locations shall be subject to Planning Commission review and approval f Court facilities (e q tennis, volleyball basketball etc ) q Jogging/walking trails with exercise stations 4 For each 100 units above the first 200 units another set of recreational amenities as described in subsection 17 132 040 M 3 above shall be provided 5 Other recreational amenities not listed above may be considered subject to Planning Commission review and approval 6 Related recreational activities may be grouped together and located at any one area of the common open space 7 Dispersal of recreational facilities throughout the site shall be required for development with multiple recreational facilities 8 All recreation areas or facilities required by this section shall be maintained by prvate homeowners' associations property owners or private assessment districts Single Famtlv Residential development within VL L LM, HR and OS zoning districts shall have public or private streets designed to the approved standards of the City 57 P731 Revisions to Rancho Cucamonga Public Draft Development Code Article VIII Glossary Chapter 17.136 Universal Definitions Section 17.36.020 Universal Definitions Mobile Hot Food Truck Event. A special occasion involving one or more mobile hot food trucks on private property in compliance with required criteria for an approved Temporary Use Permit. Mobile Hot Food Trucks are defined in &670 of the California Vehicle Code, as anv vehicle which is equipped and used for retail sales of prepared prepackaged or unprepared unpackaaed food or foodstuffs of anv kind. Floor Area Ratio. The ratio between gross floor area of the orimarv structure(s) on a site and 100% Lot Coverage: • 50,000 sf Floor Plate • 2 Stories 50% Lot Coverage: • 25,000 sf Floor Plate • 4 Stories 25% Lot Coverage: • 12,500 sf Floor Plate • 8 Stories Planning Entitlement. A permit or other approval required for land use and development purposes to determine compliance with applicable zoning and development regulations. as well as planning and zoning laws. Yard, Front. A yard extending the full width of the lot between the front lot line (measured from face of curb) and a line parallel thereto and passing through the nearest point of the building; provided that, if a future street right-of-way has been established, such measurement shall be from the future street rigkrt-ef-~aay-liaecurb face line. Chapter 17.146 Sign Definitions Chapter 17.146.020 Sign Definitions 52 The following are examples of how a building with a total floor area of 100,000 sf can be configured on 50,000 sf lot to achieve a FAR of 2.0. P732 The following additional amendments to the Municipal Code outside of Title 17 are to be made to accommodate the Development Code Update: Chapter 5 12 (Regulation of Entertainment) of the Rancho Cucamonga Municipal Code is hereby deleted Chapter 19 08 (Tree Preservation) of the Rancho Cucamonga Municipal Code is hereby deleted Title 14 (Signs) of the Rancho Cucamonga Municipal Code is hereby deleted Sections 2 24 040 through 2 24 270 of Chapter 2 24 (Historic Preservation) of the Rancho Cucamonga Municipal Code are hereby deleted Section 2 20 090 (Public Notification Procedures) of the Rancho Cucamonga Municipal Code is hereby deleted Section 1 12 270 C (Content of Compliance Order) is hereby amended as follows The action required to correct the v~olat~on and the date by which such action must be completed Except as otherwise provided in this section, the date for compliance shall not be less than forty-eight hours from the date the compliance order is served, Section 8 27 050 (Street Address Numbering Review) is hereby amended as follows For other than single-family res~dent~al properties, location, size, contrast, v~s~bdity and mounting of street address numbers for new projects shall be subject to, and a part of, review under the land use and development approval requirements of Chapter 17 12 of this code Section 12 08 055 B 2 (Construction of Public Improvements -Exemption of Private Streets) is hereby amended as follows Procedures-Notice and Hearing The application petition shall be filed with the city clerk of the aty together with payment of appropriate fees Upon receipt of the application petition, the city clerk shall schedule the matter for a public hearing before the city council occurring at a regular meeting no later than sixty days following the filing of the application petition Nonce of the public hearing shall be provided m accordance with the provisions of Section 17 14 050 ATTACHMENT 4 P733 Section 16 16 040 (Submittal Information for Growth Management Plan Consistency) is hereby amended as follows Tentative maps submitted as total development rather than tract subdivision shall, in addition to the material required by Sections 16 16 020 and 16 16 030 submit the following material A An illustrative site plan to include proposed and existing improvements, landscape concepts and other elements as may be necessary to illustrate the site plan, 8 A preliminary architectural plan showing typicals of all sides of proposed buildings and structures indicating materials to be used, trees, landscaping and shadows to give elevations graphic dimension, C Development schedule of anticipated proposed project including phasing Section 16 18 060 J (Submittal for City Approval) is hereby amended as follows Letter of certification-School distract The applicant shall submit to the community development director written cert~ficat~on from all affected elementary and high school distracts that adequate school facilities are or will be capable of accommodating students generated by the proposed project, Section 16 18 060 K (Submittal for City Approval) is hereby amended as follows Letter of certification-Sewer and water agencies The applicant shall submit to the community development director written cert~ficat~on from the affected water distract that adequate sewer and water facilities are or will be available to serve the proposed project For projects using septic facilities allowable by the Santa Ana regional water quality control board and the city, written cert~ficat~on of acceptability including all supportive information shall be obtained and submitted to the city, Section 16 20 030 G 2 (Contents) is hereby amended as follows Type and circumference, and dnpline of existing trees as defined by Chapter 17 84 Any trees proposed to be removed shall be so indicated, P734 The General Plan EIR was distributed under separate cover to the City Council in March, 2010 An electronic copy is available for viewing and download on our website at www city ofrc us/atyhall/p lanning/ genp lan asp ATTACHMENT 5 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report ADDENDUM This Addendum to the Clty of Rancho Cucamonga General Plan Environmental Impact Report (SCH#2000061027) (the "EIR") has been prepared in connection with the City's comprehensive update to its proposed Development Code Update (the "Protect") The Addendum confirms that the environmental impacts stemming from the Protect were adequately addressed in the EIR and that a subsequent EIR or negative declaration is not required for the Protect Proposed Development Code Update The Protect is a comprehensive update to the City's Development Code designed to implement the polices of the recently completed 2010 General Plan Update If adopted, the Protect would set requirements for private development of property, including development standards, permitted uses, building height, building setbacks, parking standards, sign standards, landscaping requirements, subdivisions, animal keeping regulations, and other development-related topics The Development Code has not been comprehensively updated since its original adoption in 1983 At that time, the City was predominantly vacant, and most development concerned of large tracts of land with hundreds of residential units or large distribution warehouse complexes As reflected in the 2010 General Plan Update, the City is now largely developed with most land use applications being proposed for smaller residential subdivisions or more modest commercal and industrial development The princpal obtectives of the Development Code Update are to • Implement the polices of the General Plan • Ensure the Code is consistent with state and federal laws • Make the Code modern, integrated, and easy to use for developers, business owners, residents, staff, and decsion makers • Streamline approval procedures while ensuring meaningful public particpation • Create value by promoting mixed use development m designated areas • Allow for the development of modern housing and business uses • Promote sustainable development • Simplify design standards without compromising the quality of development • Incorporate and update regulations currently located elsewhere in the code, including Entertainment, Tree Preservation, Signs, and Historic Preservation The Protect is considered to be largely procedural m nature The Protect will also update the City's zoning map to reflect the mixed use land use designations shown on the General Plan Land Use Map (Exhibit 3-3 of the General Plan EIR) and to specfic plans and overlay districts previously adopted by the City but not appear on the current map 1 Additionally, the Protect included the consolidation of land use tables into one master land use table with consistent descriptions across all base zoning districts These changes are made to ease implementation of the Development Code by City Staff, and to improve understanding with the general public Table A-1 shows the translation of existing land use activities into fewer land use descriptions P735 Page 1 of 14 P736 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report Table A-1: Consolidation of New Land Use from Current Land Uses -~_ ~NeinriL:alridUse~Descnptiolri~ , 3,`~ ;' y~ ~~Curremt~Lan`d#Use~DescripUon, .>~:.,- Accessory Retail, Business Supply Services Related commercial uses (blueprinting, stationary, quick copy, etc.) when incidental to an office building or complex. Adult Oriented Business Adult Entertainment Animal Sales and Groomin Taxidermists. g Pet Shops Artist and photographic studios, not including the sale of equipment or supplies. Art Anti ue and Collectable Sho Antique shops. , q p Stamp and coin shops. Cultural Artist Exhibits: (a) Indoor Gallery and Art Sales Club, Lodge, Fraternity & Sorority Assembl Us Churches, convents, monasteries, and other religious institutions. y e Religious Assembly Public Assembly Private and public clubs and lodges Indoor Fitness and Sports Facilities YMCA, YWCA, and similar youth group uses. Automotive sales and services (including motorcycles, boats, trailers, and campers). Auto and Vehicle Sales and Rental Automotive Services -Rentals. Automotive Sales and Leasing Truck and trailer rental, sales and service. Auto and Vehicle Storage Automotive Fleet Storage Auto Parts and Sales Auto Service -Parts and Supplies Automotive Services -Parts and supplies. Banks and Financial Services Financial services and institutions, including drive-through banks. Bar/Ni htclub Cocktail lounge (bar, lounge, tavern) including related entertainment operated independent of a restaurant. g Cocktail Lounge (bar, lounge tavern) including related entertainment Discotheques Bed and Breakfast Bed and Breakfast Broadcasting and Recording Studios Communication Services Business Support Services Blueprint and photocopy services. Photocopy. Printing shops. Blueprint and Photocopy Services Janitorial Services and Supplies Messenger and Wire Services Page 2 of 14 P737 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Imaac[ Reoort ~~@liU 1~1M1 ~91a'~Wl. ~wli«1B/J~ ~Se ~Qi! Photocopy (Xerox) Business and Office Services Budding Maintenance Services Business Supply Retail & Services Business Support Services Jandonal services and supplies Car Washin and Detailin Automotive Services -Coin-op washing g g Automotive Services -Automatic washing Caretaker Housing Caretaker's Residence Mortuaries and Cemeteries Child Day Care Facility/Center Day Care Facilities Commercal Center/Civic Use Public buildings (city and county buildings, speaal districts, and post office) Administrative Ciwc Services Consignment Store Second-hand store Convenience Store, Liquor Store Food & Beverage Sales Convention Center Convention Centers Crematory Services Crematory Services Drive-in and Drive-thru Sales and Services Drive-in businesses, including theaters (other than fast food restaurants) Dwelling, Multi-Family Multiple Family Dwellings Dwelling, Second Unit Second Dwelling Unit (including elder cottage) Dwelling, Single-Family Single-Family Detached Dwelling, Two-Family Single-Family Attached (duplex, triplex, fourplex) Emergency Shelter Emergency Shelters Stable, Commercial Equestrian Facility, Commercial Feed & Tack Store (if accessory to commercial stable) Equestrian Facility, Hobby Stable, Private Equipment Sales & Rental Heavy Equipment Sales & Rentals Equipment Sales and Rental Equpment rental yards Family Day Care Home, Large Day Care Facility Non-Accessory - 7 or more Family Day Care Home, Small Day Care Facility Accessory - 6 or less Feed and Tack Store Feed & Tack Store Fuel Storage and Distribution Petroleum Products Storage Furniture Furnishin and A l n Appliance stores and repair , g pp ia ces Furniture stores, repair and upholstery arden Center/Plant Nursery Nurseries and garden supply stores, provided, in the NC district, all equipment, supplies and material are kept within an enclosed area, and provided that fertilizer is stored in packaged form only Nurseries and Garden Supply Stores Within Enclosed Area Page 3 of 14 P738 Addendum [o the Rancho Cucamonga 2010 General Plan Update Environmental Imaact Reoort -r` II~BW ,' ~ 13A1~~~ O~ General Retail Apparel stores Art, music, and photographic studios and supply stores Bicycle shops Book, gift and stationary stores (other than adult related material) Carpenter shop or cabinet shop Dairy product stores Department stores Drug stores and pharmacies Electronic goods (i e TV's, stereos, radios, VCR's) sales and service Florist shops General retail stores Hardware stores Jewelry stores Locksmith shop Newspaper and magazine stores Office and business machine stores Office supply stores Plumbing shop and supplies Shoe stores, sales and repair Sporting goods stores Swimming pool supplies Toy stores Variety stores Apparel -Boutiques Apparel -General Art, Music, Photographic Studios, and Supply Stores Bicycle Shops Book, Gift, and Stationery Stores (other than adult related material) China and Glassware Stores Curtain and Drapery Shops Drug Stores and Pharmacies (a) Over 10,000 square feet Drug Stores and Pharmacies (b) Pharmacies with or without specialty retail under 10,000 square feet Electronic Sales and Service (TV's, Stereos, Radios, Computers) Floor Covering Shops Florist Shops Page 4 of 14 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report ~lW ~1~ ~S! ~SCf~(lLiWl CM~'@!!E-Land Use t)BSCrA~tiOt1 Hardware Stores Hobby Shops Jewelry Stores Leather Goods and Luggage Stores Newspaper and Magazine Stores Office, Business Machine and Computer Component Stores Office Supply Stores Paint, Glass, and Wallpaper Stores Record and Tape Stores Shoe Stores and Repair Shops Specalty Retail Sporting Goods Stores (a) Specialty, Backpacking, Tennis, Skung, Mountaineering, Fishing, etc (b) General, Encompassing a variety of sports equipment Swimming Pool Services and Supplies Toy Stores Variety Department Stores, Junior Department Stores Watch and Clock Repair Stores Yardage Goods Stores Grocery Store/Supermarket Food stores and supermarkets Guest House Guest House Home improvement centers -Material stored and sold within enclosed buildings Home Improvement Supply Store Home improvement centers -Outdoor storage of material such as lumber and building materials Specialty Building Supplies & Home Im rovement Hotel and Motel Hotels and Motels Hotel Facilities (major) Commercial recreation faahhes Indoor Amusement EntertainmenUlndoor Sports Commercial recreation facilities -Indoor uses such as bowling, theaters, billiards, etc and Fitness/ Outdoor Commercial Recreation Commercial recreation faalities -Outdoor uses such as golf, tennis, basketball, baseball, trampolines, etc Indoor AmusemenUEntertainment Facility Arcades Music, dance, and ma_rt_i_al arts studio I F d t d S rt F l t Recreation Facilities n oor i ness an po s aci i y Health and Athletic Gyms Music, Dance, and Martial Arts Studios L br r d M Libraries and Museums, Public and Private i y an a useum Cultural P739 Page 5 of 14 P740 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Imaoc[ Resort ~New~Land~Use~Uescnption'~ ;?_ <CurrentaLandllilse9Descri.ption Liquor Store Liquor stores. Maintenance and Repair, Small Equipment Building 8 Light Equipment Supplies & Sales Manufacturing, Custom Custom Manufacturing Manufacturing, Custom Repair Services Manufacturing, Heavy Heavy Manufacturing Manufacturing, Light Light Manufacturing Manufacturing, Medium Medium Manufacturing Manufacturing, Minimum Impact Heavy Industrial Minimum Impact Heavy Manufacturing Massage Establishment Massage establishments. Medical Services -Extended Care Convalescent Facilities and Hospitals edical Services -General Medical, dental, and related health services (non-animal related), including laboratories and clinics; only the sale of articles clearly incidental to the services provided shall be permitted. Medical/Dental Offices and Related Health Clinics Optician and Optometrist Shops Medical Services, Extended Care Convalescent Center Medical Services, Extended Care /General, Hos ital Medical/Health Care Services Medical Services, Hospitals Hospital Mobile Home Park Mobile Home Parks Administrative and executive offices. Clerical and professional offices. I Public utility service offices. Travel agencies. Financial, Insurance & Real Estate Services Office Business and Professional Administrative & Office Professional/Design Services Political or Philanthropic Headquarters Interior Decorating Firms Realtors and Real Estate Offices Travel Agencies Outdoor Commercial Recreation Commercial Recreational: (b) Outdoor uses such as tennis and basketball Outdoor Commercial Recreation/Park Public Plaza Parks and Recreation Facilities, Public and Private Park and Public Plaza Public Park and Playground Parking Facility Parking facilities (commercial) where fees are charged. Pawn Shop Pawn shops. Personal Services Barber and beauty shops. Cleaning and pressing establishments. Weight reducing clinics Spiritualist readings or astrology forecasting. Page 6 of 14 P741 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report ~NewiLand~Us`e'iUescri,ption '? ~Current?LandilJse'Description=- - Laundry (Self Service) Tailor Shops Fire & Police Station Public Safety Facility Public safety facility (police, fire, ambulance and paramedics). Recreational Vehicle Storage Recreational Vehicle Storage Yards Recycling Facility -Collection Materials Recovery Facilities -Collection Facilities Recycling Facility -Processing Materials Recovery Facilities -Processing Facilities Recycling Facility -Scrap and Dismantling Materials Recovery Facilities -Scrap Operation Research and Development Research Services Residential Care Facility Residential Care Facility Non-Accessory - 7 or more Residential Care Home Residential Care Facility Accessory - 6 or less Resource Related Recreation Outdoor Recreation Facility (non-commercial) Restaurant -Beer and Wine Restaurants (other than fast food) -incidental serving of beer and wine but without a cocktail lounge, bar, entertainment, or dancing. Restaurant -Beer and Wine/Restaurant -Full Liquor Service Theaters: (a) Dinner Theater Restaurant -Full Li uor S rvi Cocktail lounge (bar, lounge, tavern) including related entertainment accessory to a restaurant. q e ce Restaurants (other than fast food) -with entertainment and/or cocktail lounge and bar. Bakeries (retail only). Candy Stores and Confectionaries Catering establishments. Restaurant - No liquor service Delicatessens. Fast-food restaurants. Ice Cream Stores and Soda Fountains Restaurants Convenience Sales & Services Retail, Accessory Prescription pharmacies, (also when located within a building containing the offices of 5 or more medical practitioners) R t il G l R il W t h Cl b Indoor Wholesale/Retail Commercial e a , enera , e a are ouse u Warehouse-Style Retail Merchandising S h Educational institutions, parochial, private c ool, Academic (Public/Private), School Colle e (Public/Private) College or University , g Dormitory (if accessory to college or school) School, Specialized Education and Training Educational Services: Vocational, Technical, Trade, Business and Professional Schools Personal Services Service Stations Automotive Service Station Page 7 of 14 Addendum to the Rancho Cucamonga 2010 General Plan Upda[e Environmental Impact Report tNew'Land~Use~Description ~ . ~ _'~ ~~Curren'tiLand tUse=Uescrigtion = Automotive Fueling Services Service or gasoline dispensing stations Service StationsNehicle Services -Minor (including minor repair such as tune-ups, brakes, batteries, tires, mufflers). Specialty Food Store Delicatessens and Specialty Food Stores St Y d/A ill Offi Building Contractor's Office & Yards orage ar nc ce ary ' Building Contractor s Storage Yard Storage, Personal Storage Facility Public Storage Theaters and Auditoriums Movie Theater including Multiplex Theatres and Auditoriums/Drive in 8 Drive Through Extensive Impact Commercial Sales Thrift Store Thrift store. Transit Facility Transportation facilities (train and bus, taxi depots). - Educational Services: Instruction, Tutoring, Tutoring Center, Small/Large Counseling, Testing, Training Schools and Facilities Utilit F ilit d I f F Public utility installations. y ac y an n rastructure - ixed base facilities Extensive Impact Utility Facilities Utility or Service Facility Vehicle Service, Minor/Vehicle Service, Automotive Service Court Major/Service Stations Automotive Services -Repairs (major engine Vehicle Services -Major work, muffler shops, painting, body work, and upholstery). Automotive Services -Tire sales and service (no outdoor storage). Vehicle Services -Minor Auto Service Minor Repair (does not include major engine work, muffler shops, painting, body work, upholstery, etc.) Animal Care Facility Veterinary (domestic): Veterinary Facility (a) Non-boarding Veterinary (domestic): (b) Boarding Wholesale Storage and Distribution -Heavy Heavy Wholesale, Storage 8 Distribution Wholesale Storage and Distribution -Light Light Wholesale, Storage 8 Distribution Wholesale Storage and Distribution -Medium Medium Wholesale, Storage & Distribution P742 Page 8 of 14 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report As shown m Table A-2, the Protect also identifies some new uses, but these are substantially similar to the existing land uses permitted within the base zoning districts Table A-Z• New Allowed Land Uses and Permit Requirements by Base Zoning Distract ~Iew Al lowed Nand Uses andPermrt Requirements by _ $aseZomagDistrict ~N =Not Permitted, P=#~ermitted, C=CondrtionaTJ LandseJZoning ~ ~ ~ ~ ~ x ~ _ ~ ~ ~ ~ .~ Z ,~ t9 ~ V ~ ~ ~ +n n• t9 _ S ~„ ~ ~ 'S ~ LL ~ ~ ~AStfiCt ~ Residential Uses Emergency N N N N N N N N N C N N N N C N N N N N N Shelter Group C C C C C C C C C C C C N N N N N N C N N Residential Live-Work Facility N N N N N N P N N N N N N N N N N N N N N Manufactured Home P P P P N N N N N N N N N N N N N N P N N Mobile Home Park C C C C C C N N N N N N N N N N N N N N N Single-Room Occupancy N N N P P P P N N N N N N N N N N N N N N Faulity Transitional Housing P P p p P P P N N N N N N N N N N N P N N Recreafion, Resource Preservat+on, Up enSpace, Educatwn, and Pabbci-ssemb(y Uses Tutoring Center- N N N N N N C C C C C C N N N N N N N N N Large Tutoring Center- N N N N N N P P P P P P N N N N N N N N N Small Utdrty, Transportation, Pub1~c Facibty, and Commumca#wn Uses Broadcasting and Recording N N N N N N N P N P N N N P P N N N N N N Studios P743 Page 9 of 14 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report New Allowed land Uses andPermit Requvements~y base Zomngiiistreet ~N =Not Permitted, P=Permitted, C=Conditanal~ land Use/Zoning ., ~ ~ ~ ~ x x ~ a u ~ u • u u ~ l7 1 S ,n ac v u Oistnct -' ~ ~ o Z ~ u ~ sn - ~ p x sL ~ Utdrty Faahty and Infrastructure- N N N N N N N N N N N N N C C C C C N C C Fixed Based Structures Utility Facdrty and Infrastructure - P P P P P P P P P P P P P P P P P P P P P Pipelines Retail, Service, and Offue Uses Call Centers N N N N N N N N N N N N N C C N N N N N N Card Room N N N N N N N N N N N N N N N N N N N N N Check Cashing Business N N N N N N P N P P N N N P N N N N N N N Gun Sales N N N N N N N N N C N N N N N N N N N N N Hookah Shop N N N N N N C N N C N N N N N N N N N N N Internet Cafe N N N N N N P P P P P P N P N N N N N N N Pawnshop N N N N N N N N N C N N N N N N N N N N N Secondhand Dealer N N N N N N P N P P N N N N N N N N N N N Shooting Range N N N N N N N N N N N N N N C N N N N N N Smoke Shop N N N N N N N N N C C C N N N N N N N N N Tattoo Shop N N N N N N N N N C C C N N N N N N N N N Automobile and Vehicle Uses Auto and Vehicle Sales, N N N N N N N P P P P P N P N N N N N N N Autobroker Auto and Vehicle Sales, Wholesale N N N N N N N P P P P P N P P N N N N N N The Protect wili not affect the current methods of conducting environmental review for new development applications P744 Page 30 of 14 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report The 2010 General Plan Update and Environmental Impact Report On May 19, 2010, the City Council adopted the 2010 General Plan Update and certified the EIR The updated plan serves as the foundation for many of the City's regulatory documents, including the Development Code, specfic plans, community plans, master plans, and design gwdelines With the 2010 General Plan update, the City's focus shifted to mfill development (development of remaining vacant properties within developed business districts and residential neighborhoods) As stated above, the Protect includes updating the City's zoning map to conform to the mixed use designations in the 2010 General Plan Update The mixed use general plan designation and zone district approach is a key feature of the General Plan Update and was the second of the objectives listed in the EIR for the general plan Z Further, the mixed use concept is discussed m nearly every chapter of the EIR impact discussion and the description of polices intended to address environmental impacts The mixed use land use designation is reflected in the project description of the EIR m Tables 3-3 Buildout Summary by Land Use, 3-4 Residential Land Use Summary, and 3-5, Non-Residential Land Use Summary a The project description also includes a narrative description of the location of the mixed use areas, and the General Plan includes Figure 3-3 illustrating the locations ° The EIR evaluated potential for the 2010 General Plan Update to result m environmental impacts, as summarized in the following table No Mitigation Mitigation Measures Significant and Unavoidable Agricultural Resources Cultural Resources Aesthetics Biological Resources Hazards and Hazardous Agricultural Resources Geology and Soils Materials Air Quality Population, Housing and Hydrology and Water Quality Climate Change Employment Land Use and Planning Mineral Resources Public Services Noise Parks and Recreation Transportation and Traffic Utilities and Service Systems The City made findings regarding the environmental impacts of adopting the General Plan as well as overriding considerations for significant and unavoidable impacts, both individually and cumulatively, for the following issues Aesthetics, Agricultural Resources, Air Quality, Climate Change, and Mineral Resources The findings made by the City necessary to certify the EIR and adopt the General Plan also included a mitigation monitoring and reporting program For impacts to Land Use and Planning, the City determined that changes or alterations have been incorporated into the General Plan that avoid or substantially lessen the significant environmental effects identified m the EIR resulting m a less than significant impact More specfically the City's findings stated there would be no conflict between the General Plan and the land development code because updates to the land development code, as well as adherence to standard conditions related to consistency of future development with the proposed 2010 P745 Page li of 14 Addendum to the Rancho Cucamonga 2010 General Plan Update Envuonmental Impact Report General Plan Update and the City's Development Code will reduce the potential impacts related to plan consistency to a less than significant level CEQA Review Requirements The California Environmental Quality Act ("CEQA") generally regwres agenaes to analyze the possible environmental impacts of a protect prior to approval Depending on the nature and extend of the potential impacts, the agency may be required to adopt a negative declaration or environmental impact report (EIR) Under Section 15162 of the CEQA Guidelines, when an EIR has been certified or a negative declaration adopted for a protect, no subsequent EIR shall be prepared for that protect unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following (1) Substantial changes are proposed in the protect which will require mator revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, (2) Substantial changes occur with respect to the circumstances under which the protect is undertaken which will regwre mator revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase m the severity of previously identified significant effects, or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following a The protect will have one or more significant effects not discussed in the previous EIR or negative declaration, b Significant effects previously examined will be substantially more severe than shown in the previous EIR, c Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the protect, but the protect proponents decline to adopt the mitigation measure or alternative, or d Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the protect proponents decline to adopt the mitigation measure or alternative If the none of these conditions calling for the preparation of a subsequent EIR or negative declaration are met, but minor technical changes or additions are necessary to a previously adopted environmental P746 Page 12 of 14 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Impact Report document are needed, Section 16164 of the CEQA Guidelines allow the lead agency to prepare an addendum to the prior environmental document A brief explanation of the deasion not to prepare a subsequent EIR pursuant should be included in the addendum, the lead agency's findings on the protect, or elsewhere in the record The explanation must be supported by substantial evidence The addendum need not be arculated for public review but can be included in or attached to the final EIR or adopted negative declaration, and must be considered by the deosion-making body prior to making a deasion on the protect Analysis This addendum to the EIR has been prepared for the Protect because none of the conditions speafied in Section 16162 of the CEQA Guidelines requiring the preparation of a subsequent EIR or negative declaration are met First, the Protect does not propose substantial changes in the City's development regulations that were not analyzed in the EIR or that will require mator revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects The Protect simply implements the goals and policies adopted in the City's General Plan and analyzed in the General Plan EIR The General Plan speafically mentions revises and updating the Development Code, as shown in the following table The Development Code shall be updated to reflect the density and LU-2 1, LU-2 2, LU-3 3, LU- intensity ranges (espeaally along Foothdl Boulevard) as specified in 3 8, LU-4 2, LU-4 3, LU-4 5, the General Plon including updating the development standards to LU-51, LU-9 5, ED-21, ED- be consistent with the General Plan provisions (Table LU-2 of 2 4 ED-4 4 Chapter 2J The Development Code shall be updated to develop guidelines or LU-24, LU-91, LU-92, LU- standards that will guide infill development and make it compatible 9 4, ED-1 4, ED-4 1 with the surrounding neighborhood communities The mixed use zoning was also reviewed throughout the EIR and illustrated m the General Plan Land Use Element in figures LU-2 and LU-3 and m Figure 3-3 of the Draft EIR The proposed protect does not change either the policies or the figures shown in both the EIR and the General Plan The protect does not change any densities, intensities, land uses, or designations beyond those analyzed in the EIR As a result, there is no change in the protect and no new significant environmental effects, or increase m the severity of previously identified significant effects is anticipated as a result of the proposed protect P747 Page 13 of 14 Addendum to the Rancho Cucamonga 2010 General Plan Update Environmental Imoact Reaort Second, there have been no substantial changes with respect to the arcumstances under which the Protect is undertaken that will require mator revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase m the severity of previously identified significant effects The EIR, which addressed the impacts of adopting the City's General Plan and revisions to the land development code, was adopted on May 10, 2010 The existing conditions reported in the EIR are very similar to those currently in existence Smce adoption of the General Plan in 2010, the City has not processed any amendments to the plan As a result, there are no substantial changes to the environment which would require a modification of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects Third, there is no new information of substantial importance that was not known and could not have been known with the exerase of reasonable diligence at the time the EIR was certified that shows (a) the Protect will have any significant effects not discussed in the EIR, (b) the significant effects examined in the EIR will be substantially more severe than previously shown, (c) mitigation measures or alternatives previously found to be infeasible would now be feasible and would substantially reduce one or more sigmficant effects of the protect, or (d) considerably different mitigation measures or alternatives than those analyzed in the EIR would substantially reduce one or more significant effects on the environment are now available As the Protect is consistent with the General Plan there are no new effects that were not discussed m the EIR Similarly, the Protect will not result in changes to the impacts identified in the EIR that could be considered substantially more severe The Protect does not alter any of the review processes in place for new protects, nor does it exempt new uses m the zoning ordinance from review The Protect addresses areas of responsibility for development review and affirms the appropriate body to make recommendations clarifies appeal procedures and establishes protect review timelines None of these changes will result in physical changes to the environment inconsistent with the General Plan as analyzed in the EIR No additional mitigation measures are necessary Summary In sum, the General Plan EIR suffiaently analyzed the potential impacts assonated with the proposed Development Code Update The City has a thorough development review process that is fully documented in the General Plan EIR, and that will remain in place following the proposed protect ' Personal Conversation, James Troyer, Planning Director and Jennifer Nakamura, Associate Planner, January 3, 2012 ~ City of Rancho Cucamonga General Plan Environmen[a/Impact Report (SCHX2 0000 61 01 7J, page 3-2 s Id at pages 3-6 through 3-8 Id at page 3-9 P748 Page 14 of 14 P749 RESOLUTION NO 12-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ADOPTING FEES FOR SERVICES RELATED TO APPLICATIONS FOR SITE PLAN REVIEW AND FOR THE MODIFICATION OF PREVIOUSLY APPROVED LAND USE ENTITLEMENTS The City Council of the City of Rancho Cucamonga hereby finds, determines, and resolves as follows Section 1 On June 20, 2012, the City Counal conducted a duly noticed public hearing regarding the adoption of fees for services related to applications for Site Plan Review and for the modification of previously approved land use entitlements and concluded said hearing on that date Based upon the substantial evidence presented at that hearing, including written and oral staff reports, together with public testimony, the City Council hereby finds as follows a The California Government Code allows the City to establish fees and charges for municipal services, provided such fees and charges do not exceed the estimated reasonable cost to the City in providing the service to which the fee or charge applies b On September 15, 2004, the City Council adopted Resolution 04-293, which set fees for development services and an annual fee adtustment based on the Consumer Price Index c As part of the comprehensive update to the Development Code, the City created new administrative processes for Site Plan Review and for the modification of previously approved land use entitlements Resolution 04-293 did not include a fee applicable to services provided in association with Site Plan Review, and set the fee for modifications to previously approved land use entitlements d The City has conducted a comprehensive study to determine the costs to providing the services for Site Plan Review and for modifications of previously approved entitlements Based on the study, the City prepared the proposed fees listed in Attachment 1 to this Resolution, which is hereby incorporated by this reference as if set forth in full All data indicating the estimated or actual cost to provide each service for which the fees in Attachment 1 apply was made available to the public on the City's website and at City Hall at least 10 days prior to the date of the public hearing e The City Council f nds the fees set forth in Attachment 1 do not exceed the estimated reasonable cost of providing the service for which the fees are levied Section 2 The fees set forth in Attachment 1 are hereby approved and adopted as the fees and charges applicable to the respective services listed therein, and shall take effect 60 days from the date of adoption of this Resolution Section 3 Consistent with existing fees approved in Resolution 04-293, each fee set forth in Attachment 1 shall be adjusted annually commencing on October 1, 2012, and each yearthereafter, without further action of the City Counal, in proportion to the percentage change in the Consumer Price Index, All Urban Consumers, for the Los Angeles -Anaheim -Riverside statistical area, during the 12 month period ending on December 31 st of the preceding year If the Consumer Price Index is discontinued, then the replacement index in use and accepted as the industry and business standard for Southern California, as determined by the City Counal, shall be utilized P750 CITY COUNCIL RESOLUTION NO 12-101 JUNE 20, 2012 Page 2 Section 4 The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF JUNE 2012 Dennis Michael, Mayor I, Janice C Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Rancho Cucamonga, at a regular meeting of the City Council held on the 20th day of June 2012, by the following vote-to-wit AYES NOES ABSENT ATTEST Janice C Reynolds, City Clerk P751 Fees for New Services in the Development Code Update Application Current Fee Proposed Fee Conditional Use Permit - Modincation $2 634 $1 3 i 7 Development Agreement -Modification S11 63 i SS 815 Development/Desi n Review -Residential - Modificaton $11 816 $5 908 DevelopmenUDesign Review -Residential (4 du's or less) -Modification $6,629 53,314 DevelopmenUDesign Review- Commeraalhndustnai -Modification 511,379 55 689 Entertainment Permit -Modification S4 765 $2,383 Minor Development Review -Modification $2,535 $1,268 Tentatroe Parcel Map -Modification $7 211 $3,606 Tents+roe Tract Map -Modification $13 250 56,625 Unrform Sian Program -Modification $1,912 $956 Site Plan Review 0 598 20 per hour ATTACHMENT 1 DO NOT USE THIS STAFF REPORT • Please reference the following corrected Staff Report STAFF REPORT PUBLIC WORKS SERVICES DEPdRTMENT Date: June 20, 2012 To: Successor Agency to Redevelopment Agency John R. Gillison, City Manager From: Linda Daniels, Assistant City Manager By: Keri Hinojos, CPPB, Senior Buyer William Wittkopf, Public Works Services Director P752 RANCHO C,UCAMONGA Subject: AUTHORIZE THE PURCHASE AND INSTALLATION OF ONE (1) LOT OF HERMAN MILLER SYSTEMS FURNITURE FROM GM BUSINESS INTERIORS, INC. IN THE AMOUNT OF $629,054.97, UTILIZING US COMMUNITIES CONTRACT NO. 4400000368, FUNDED FROM ACCOUNT NUMBER 2660801-5650/1650660-0 (2004 TAX ALLOCATION BONDS) AND AUTHORIZE THE RELATED APPROPRIATIONS INTO THE APPROPRIATE ACCOUNT NUMBERS TO BE DETERMINED BY STAFF It is recommended that the Successor Agency to Redevelopment Agency authorize the purchase and installation of one (1) lot of Herman Miller systems furniture from GM Business Interiors, Inc. in the amount of $629,054.97, utilizing US Communities Contract No. 4400000368, funded from account number 2660801-5650/1650660-0 (2004 Tax Allocation Bonds) and authorize the related appropriations into the appropriate account numbers to be determined by staff. BACKGROUND ANALYSIS On June 1, 2011, City Council and the Redevelopment Agency awarded a contract to construct a new Public Works Service Center and Household Hazardous Waste Facility. Construction of the building is approximately 65% complete. Providing furniture, fixtures and equipment is an important step to make the building operational upon completion. Given the lead time associated with the furniture and related fixtures, the order must be processed immediately to ensure that there are no delays in the construction process. Staff recommends contracting with GM Business Interiors, Inc. (GM) for the purchase and installation of systems furniture and walls, seating, and desk accessories at the new Public Works Service Center building. GM is the only authorized distributor and installer for Herman Miller systems furniture for Rancho Cucamonga. Herman Miller was awarded a competitively bid, U.S. Communities contract, No. 4400000368 (Contract), which will be utilized as the method of procurement from GM. Purchasing has evaluated the Contract, together with its exhibits and associated addendums and has determined that the Contract meets the City's approved Purchasing Ordinance for cooperative purchases (Section 3.08.070). All documentation is on file in Purchasing. As discussed at the June 6, 2012 City Council meeting, the portion of this bid that relates to the Public Works Service Center is being awarded despite the fact that the Department of Finance has rejected requests for expenditures related to the project. Also, as required by AB X1 26, the legislation which required the dissolution of redevelopment agencies, the Oversight Board must take action to approve the Successor Agency's award of this contract. 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(auoydalal) 'ZS wa}I - s6ul~aayy Ilauno0 ~31~ ~elnBaa - ZLOZ 'OZ aunt ~"~ 0 ~ ~O_ ~ ~~ V ~~ ~ ~ ~ ~ U ~ O ~~ ~ ~ V L ,,~~( O w ~ _ ~ w •~ ._ ._ ~ U U m p fa ~ U O ~ ~ ~ O --~ ~ ~- ~ U p N -~ ,-~ -~ O .~ N ~ Z N O N r'I !~ G L =}cncnOa o Y U O ~ w ~ (~ _ 2 U w W Z Z W J V O 2WZ000ZW •+ 0 c m L fL0 0~ O ~ u ai ~ ~ ~n U_ ~ C U p W Y U_ O Z u Z w W W w L 4~ 0 0 a~ ca w 0 \ ~~ ~I i i ~ ~ a -+ ~ . ~ ~ '~\V Q ~ f ~ V Q ~ ` ~ O v L 0 U W ~ a ~ V O U U J i--i .~ N i DO +~ ca ZO O ~o Q~ ~ ~ oc U OO zW oc W v v _ -~ +~ ~ }' ~ ~ c ~ o DC ~ ~ ~ ~ ~ 0 N ~ V ~ ~ N 0 ~~ ._ ~ V o ~ rn ~ P756 STAFF REPORT E:~GINEERI'~G SERVICES DEP ART\(F'`T Date June 20, 2012 RANCHO C,UCAMGNGA To Mayor and Members of the City Council John R Gillison, City Manager From Mark A Steuer, Director of Engineering Services/City Engineer By Daniel F James, Senior Civil Engineer Subject CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS FOR A PUBLIC PURPOSE IN CONNECTION WITH THE PROPOSED CONSTRUCTION OF INTERSECTION AND ROADWAY IMPROVEMENTS AT PECAN AVENUE (SHELBY PLACE NORTH) AND BASE LINE ROAD OVER A PORTION OF SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0227-131-09 AND 0227-131-10 AS PART OF THE CONDITIONS OF APPROVAL OF TENTATIVE TRACT MAP NO SUBTT18806 RECOMMENDATION That the City Counal A Consider Resolution No 12-102 a Resolution of Necessity of the City of Rancho Cucamonga declaring certain real property necessary for public purposes and authorizing the acquisition thereof in connection with the proposed construction of intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road as part of the conditions of approval of Tentative Tract Map SUBTT18806 ("proposed Project" or "Protect") B Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this Report, take testimony from any person wishing to be heard on issues A, B, C and D, below, and consider all the evidence to determine whether to adopt the proposed Resolution, which regwres a unanimous or 4/5ths vote C If the City Council finds, based upon the evidence contained in and referred to in this Report, and the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the Resolution of Necessity, then the staff recommends that the City Council, rn the exercise of its discretion, adapt the proposed Resolution No 12-102 (which regwres a 4/5ths vote of the entire Counal) and authorize City staff and the City Attorney's office to take all necessary steps to file and prosecute an eminent domain proceeding to acgwre certain real property interests in portions of the real property identified as San Bernardino County Tax Assessor's Parcel Numbers 0227-131-09 and 0227-131-10 (referred to hereafter as "Subtect Property Interests") The Subtect Property Interests are more fully described in the legal description attached as Exhibit "A" and depicted on the diagram attached as Exhibit "B" to the Resolution of Necessity Exhibits "A" and "B" are incorporated herein by this reference P757 CITY COUNCIL STAFF REPORT- CONSIDERATION OF ADOPTION OF A RESOLUTION FOR TENTATIVE TRACT MAP NO SUBTT18806 June 20, 2012 Paoe 2 RESOLUTION NO 12-102 RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED CONSTRUCTION OF INTERSECTION AND ROADWAY IMPROVEMENTS AT PECAN AVENUE (SHELBY PLACE NORTH) AND BASE LINE ROAD OVER A PORTION OF SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0227-131-09 AND 0227-131-10 AS PART OF THE CONDITIONS OF APPROVAL OF TENTATIVE TRACT MAP NO SUBTT18806 BACKGROUND AND EXECUTIVE SUMMARY The City Council has before it a proposed Resolution of Necessity for the acquisition of the following real property interests (the "Subtect Property Interests") in the City of Rancho Cucamonga Partial acgwsition of an approximate 6,300 square foot permanent highway easement over a portion of San Bernardino County Tax Assessor's Parcel Numbers 0227-131-09 and 0227-131-10, and Temporary construction easement of approximately 1,200 square feet for a term of one year over a portion of San Bernardino County Tax Assessor's Parcel Numbers 0227-131-09 and 0227-131-10 The Subject Property Interests are located on the north side of Base Line Road between Etiwanda Avenue and East Avenue in the City of Rancho Cucamonga The Subtect Property Interests are being sought for public purposes, namely for streets, highways and related purposes, which include but are not limited to the alignment of Pecan Avenue (Shelby Place North) with Shelby Place on the south side of Base Line Road, the construction of curb, gutter and sidewalk, the placement of street pavement, the installation of street lights, curb returns and access ramps associated with Street C (Aviary Drive), the placement of traffic signage, and the modification of traffic signal egwpment and loops, and all uses necessary and convenient thereto in connection with the proposed construction of intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road as part of the conditions of approval of Tentative Tract Map SUBTT18806 in the City of Rancho Cucamonga The City seeks to acquire the Subject Property Interests pursuant to the authority conferred upon the City to acquire property by eminent domain by California Constitution Article I, Section 19, California Government Code sections 37350, 37350 5, 37351, 37353, 40401, 40404, 54031 and 66462 5 and California Code of Civil Procedure section 1230 010 et seq ("Eminent Domain Law"), including, but not limited to, sections 1240 010 through 1240 110, 1240 120, 1240 410, 1240 510, 1240 610, 1240 650, 1245 235, 1255 410 and other provisions of law As discussed more fully below, the construction of the intersection and roadway improvements compnsing the proposed Protect were conditions of approval of Tentahve Tract Map No SUBTT18806 Speafically, on September 14, 2011, the City Planning Commissior conditioned the developers, LVD Rancho Cucamonga, LLC and Lewis Operating Corporatior ("developers'), to construct and dedicate to the City intersection and roadway improvements at P758 CITY COUNCIL STAFF REPORT- CONSIDERATION OF ADOPTION OF A RESOLUTION FOR TENTATIVE TRACT MAP NO SUBTT18806 June 20, 2012 Pecan Avenue (Shelby Place North) in accordance with the City's General Plan, the Etiwanda Speafic Plan and the City's Development Code standards Further, the Planning Commission conditioned the developers to align Pecan Avenue (Shelby Place North) with the already improved Shelby Place, which is located on the south side of Base Line Road across from Pecan Avenue (Shelby Place North) The construction of the intersection and roadway improvements are consistent with and are proposed components of the City's General Plan and the Etiwanda Specific Plan The proposed Protect would regwre the acquisition of the Subfect Property Interests for a 6,300 square foot permanent highway easement and a 1,200 square foot temporary construction easement far a term of one year City Staff has confirmed that there are no conflicts with the existing easements encumbering the Subfect Property Interests The legal descriptions of the Subfect Property Interests are attached as Exhibit "A" to the Resolution of Necessity and depicted on Exhibit "B" to the Resolution of Necessity The proposed Resolution of Necessity, Resolution No 12-102, together with its Exhibits "A" and "B" are attached to this Staff Report, and are incorporated herein by this reference The hearing on the proposed Resolution of Necessity has been duly noticed The owner of the Subtect Property Interests, Lupe Viramontez, Trustee of the Lupe Viramontez Family Trust Dated July 20, 1990, has requested to speak at the Resolution of Necessity hearing ("hearing") Ms Viramontez did not indicate specifically what she intended to discuss at the hearing but acknowledged that it would not involve the issue of compensation The City has extended an offer pursuant to the requirements of Government Code section 7267 2, et seq to the owner of record, but no negotiated sale has been reached Based on the timing of the proposed Protect, it is necessary that the City Counal consider at this time the adoption of the Resolution of Necessity for the acquisition of the Subtect Property Interests by eminent domain In order to adopt the Resolution of Necessity the City Counal must find and determine that A The public interest and necessity require the Protect B The Protect is planned or located in the manner that will be compatible with the greatest public good and least private intury C The Subtect Property interests described in the Resolution of Necessity are necessary for the Protect D The City has made the offer required by Government Code Section 7267 2 to the owners of record of the property the City seeks to acquire This hearing relates to Issues A, B, C, and D above The amount of lust compensation is not an issue before the City Counal at this hearing The proposed acquisition consists of the partial acquisition of certain real property interests from the real property commonly known as 13048 Base Line Road, and identified as San Bernardino County Tax Assessor's Parcel Numbers 0227-131-09 and 0227-131-10 The proposed acquisition consists of an approximate 6,300 square foot permanent highway easement and a 1,200 square foot temporary construction easement for a term of one year in P759 CITY COUNCIL STAFF REPORT-CONSIDERATION OF ADOPTION OF A RESOLUTION FOR TENTATIVE TRACT MAP NO SUBTT18806 June 20, 2012 Paoe 4 connection with the proposed intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road as part of the approval of Tentative Tract Map No SUBTT18806 submitted by the developers The real property is a flag shaped lot, which is improved with a residence and a private street The residence will not be impacted by the acquisition of the Subtect Property Interests The private street, a portion from which the City seeks the Subject Property Interests, is 30 feet wide north to south and is encumbered by multiple easements, including but not limited to, utility easements and certain right of way easements City Staff has confirmed that there will be no conflicts between the Subtect Property Interests and the existing easements encumbering the private street On September 14, 2011, the City of Rancho Cucamonga Planning Commission approved the Environmental Assessment and Tentative Tract Map SUBTT18806 submitted by the developers for the subdivision of 10 35 acres of land into 33 single family lots located on the north side of Base Line Road between Etiwanda Avenue and East Avenue Specifically, the City of Rancho Cucamonga Planning Commission adopted Resolution No 11-39 on September 14, 2011 finding, determining and resolving, based upon substantial evidence, that (a) the 10 35 acre site was located on the north side of Base Line Road between Etiwanda Avenue and East Avenue There was a single family residence on the site that would be demolished with the approval of the Protect A row of Eucalyptus trees lined the east property line along with a scattering of other trees of various speaes The property drained roughly north to south, (b) the site was located within the Low-Medium (LM) Development District of the Etiwanda Specific Plan The lots ranged in size from 8,144 square feet to 14,103 square feet and average 10,142 square feet, which was above the minimum required lot size of 7,200 square feet and average lot size of 10,000 square feet, (c) the North of the site was the Paafic Electric Trail, which was zoned open-space (OS), and south across Base Line Road, east and west of the site, were existing single-family residences that were zoned Low-Medium (LM) Residential, and (d) the Protect was designed to conform to all the development requirements outlined in the Etiwanda Specific Plan for the Low-Medwm (LM) Residential District The Rancho Cucamonga Planning Commission, in its adoption of Resolution No 11-39, further found and concluded, based upon substantial evidence, that (a) the proposed Protect was consistent with the General Plan, the City's Development Code, and any applicable specific plans, (b) the proposed design or improvements was consistent with the General Plan, Development Code, and any applicable specific plans, (c) the site was physically swtable for the type of development proposed, (d) the design of the Protect was not likely to cause substantial environmental damage and avoidable intury to humans and wildlife or their habitat and (e) the Protect was not likely to cause serious public health problems The Rancho Cucamonga Planning Commission, in connection with its adoption of Resolution No 11-39, went on to find that upon review of the environmental assessment, together with all wntten and oral reports submitted by the developers, it was not necessary to require subsequent or supplemental environmental study pursuant to the California Environmental Quality Act ("CEQA") Specifically, the Planning Commission found that pursuant to CEQA and the City's local CEQA Gwdelines, City staff prepared an Initial Study of the potential environmental effects of the Protect Based on the findings contained in the Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the Protect would have a significant effect on the environment Based on that determination, a Mitigated Negative Declaration was prepared Thereafter, City staff P760 CITY COUNCIL STAFF REPORT- CONSIDERATION OF ADOPTION OF A RESOLUTION FOR TENTATIVE TRACT MAP NO SUBTT18806 June 20, 2012 Paae 5 provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration The Rancho Cucamonga Planning Commission reviewed the Mitigated Negative Declarations and all comments received regarding the Mitigated Negative Declaration and based on the record before it, the Rancho Cucamonga Planning Commission found that (i) the Mitigated Negative Declaration was prepared in compliance with CEQA and (u) that based on the imposition of mitigation measures, there is no substantial evidence that the Protect will have a significant impact on the environment The Planning Commission further found that the Mitigated Negative Declaration reflected the independent tudgment and analysis of the Planning Commission, and based on these findings the Rancho Cucamonga Planning Commission adopted the Mitigated Negative Declaration The Rancho Cucamonga Planning Commission also reviewed the Mitigation Monitoring Program, which had been prepared pursuant to Public Resource Code Section 21081 6 and found that the Program was designed to ensure compliance with the mitigation measures during protect implementation Based upon the foregoing findings, the Planning Commission adopted the Mitigation Monitoring Program With regard to the Subtect Property Interests, the Mitigated Negative Declaration and Mitigation Monitoring Program addressed environmental conditions that would encompass the construction of the intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road For example, the Mitigation Monitonng Plan recognized that the air quality during construction of the proposed Protect could be compromised Therefore, the Planning Commission regwred that the developers maintain and properly serwce all construction equipment in order to reduce operational emissions The developers were also regwred to provide the City with proposed construction schedules and protected equipment use In addition, the Planning Commission required that all paints, coatings, asphalt and construction equipment meet or exceed performance standards noted by the South Coast Air Quality Management District ("SCAQMD") In terms of Greenhouse Gas Emissions, the Planning Commission required that the Protect comply with all rules that assist in reducing short-term air pollutant emissions by treating the Protect site with water to prevent dust and other particles from becoming airborne Further, the Planning Commission required that construction should be timed not to interfere with peak-hour traffic and that egwpment should not idle for more than five minutes With regard to hydrology and water quality, the Planning Commission required that the developers prepare and implement an erosion control plan to control and prevent offsite and onsite erosion The Planning Commission also regwred the developers to submit a Storm Water Pollution Prevention Plan to reduce pollutants during construction from entering public drains and to construct temporary berms to prevent discharge of debris onto the streets and private property Finally, in terms of noise, the Planning Commission recognized that it was necessary to control excessive, unnecessary, annoying noise and vibration during construction of the proposed Protect, therefore, the Planning Commission required the developers to limit grading and haul truck deliveries between the hours of 6 31 a m and 7 59 p m and required the developers to limit noise such that it would not exceed the standards specified in the City's Development Code Section 17 02 120, which sets the basic noise levels during speafic periods of time throughout the day Finally, the Rancho Cucamonga Planning Commission indicated in Resolution 11-39, that its approval of Tentative Tract Map SUBTT18806 was subtect to specific conditions identified by the City's Engineering Department and the Rancho Cucamonga Fire Protection District P761 CITY COUNCIL STAFF REPORT- CONSIDERATION OF ADOPTION OF A RESOLUTION FOR TENTATIVE TRACT MAP NO SUBTT18806 June 20, 2012 Paae 6 The City Engineer recognized that it was necessary for the proposed Protect to comply with the City's General Plan and the Etiwanda Speafic Plan in terms of the Circulation Elements and the collector street and mayor divided arterial standards The City Engineer also recognized that in order to address any antiapated increase in traffic from the proposed new development, it was necessary for the developers to implement the intersection and roadway improvements, which include the construction of Street C (Aviary Drive) Therefore, the City's engineering department required that the developers improve Pecan Avenue (Shelby Place North) in accordance with the collector street standards indentified in the City's General Plan and the City's Etiwanda Specific Plan The collector street standards include (a) ultimate centerline alignment and 40-foot street width, within the 64 foot right of way, shall mirror Shelby Place on the south side of Base Line Road, (b) provide a minimum width of 26 feet of pavement within available rights-of-way until such time as the west half of the street is widened by future development and design interim improvements to their ultimate configuration, (c) provide 5800 Lumens HPSV street lights, as regwred, (d) provide traffic signing and signage and R26(s) signs, as regwred, (e) modify traffic signal equpment and loops, as required, (f) provide curb and gutter, 5 foot sidewalk, and street trees on the east side, and (g) provide a 27-foot radius curb return and access ramp at the intersection of Pecan Avenue (Shelby Place North) and Street C (Aviary Drive) These conditioned street improvements are consistent with the arculation elements of the City's General Plan and the Etiwanda Speafic Plan Further, the intersection and roadway improvements to Pecan Avenue (Shelby Place North) at Base Line Road are consistent with the City's designations of Pecan Avenue (Shelby Place North) as a collector road and Base Line Road as a major divided arterial and a secondary travel corridor For example, the proposed Protect would provide more street lights and modify traffic signal equipment and loops to ensure a consistent level of service while at the same time construct a roadway, which is consistent with the collector road designation standard in the General Plan, Exhibit III-5 (Typical Roadway Cross-Sections) and Etiwanda Speafic Plan Figure 5-6 In addition the proposed Protect would incorporate the Base Line Road frontage improvements, which are consistent with the mayor divided arterial designation standards in the General Plan, Exhibit III-5 (Continued-Typical Roadway Cross-Sections) and Etiwanda Specific Plan Figure 5- 21 The Circulation Plan and Standards in the General Plan define the ultimate street network for arterial roads and highways that is required to provide adequate capacity for the City's travel needs based on the General Plan land uses and regional growth as forecasted by the Southern California Assoaated Governments ("SCAG") with significant input from the City The Circulation Plan defines the roadway classifications for each segment of existing and proposed arterial road and highways within the City limits Tables 111-5 and 111-5 (continued) of the General Plan identify these classifications, which include both collector roads and major divided arterial standards The General Plan identified Base Line Road as a major arterial with regional significance As discussed above, the General Plan recognized that with future development in and around the City, there would be a dramatic increase in vehicular traffic, noise levels and potential safety hazards due to conflicts between vehicles, pedestrians, bikes and horses Therefore, the General Plan and Etiwanda Specific Plan were created to coordinate with SCAG and the San Bernardino Assoaation of Governments ("SANBAG") in terms of their forecasted uses of regional transportation P762 CITY COUNCIL STAFF REPORT- CONSIDERATION OF ADOPTION OF A RESOLUTION FOR TENTATIVE TRACT MAP NO SUBTT18806 June 20, 2012 Page 7 The Etiwanda Speafic Plan is based upon the General Plan and related regulations and programs, which are necessary and convenient for the implementation of the General Plan The Etiwanda Speafic Plan focuses on issues which directly affect and are of greatest importance to the Etiwanda community The Etiwanda Specific Plan Area is located within the northeast corner of the City and is roughly bounded by Interstate 15 to the Southeast, the City's sphere of influence to the north, the Victoria Planned Community to the west, and the City's industrial area to the south The Speafic Plan Protect area comprises over 3,000 acres of land of which 2,000 acres are potentially developable At the time of the adoption of the Specific Plan in 1983, residential development was limited and comprised about 120 acres of land The Specific Plan recognized that Etiwanda's unique and rural atmosphere would ultimately be challenged by new development and an increase in vehicular traffic on both major and local streets within the Etiwanda community The Speafic Plan was designed to balance development of the area and increased traffic with maintain the rural character of the community Therefore, it was necessary for the Planning Commission to consider both the City's General Plan and the Etiwanda Speafic Plan in its review of the Tentative Tract Map SUBTT18806 because of the local and regional impacts on circulation within the community With regard to the City's Fire Protection District, the Fire Protection District requred that the developers maintain an emergency access roadway for the proposed development until a permanent secondary access was accepted by the Fire Protection Distnct The proposed intersection and roadway improvements will include a permanent access point as required by the Fire Protection District, which has been identified as Street C (Aviary Dnve) Therefore, the developers will be in compliance with the Fire Protection District's condition of approval Finally, the developers of Tentatve Tract Map SUBTT18806 will be required to dedicate portions of its property for the improvements discussed above However, the developers of the Tentative Tract Map SUBTT18806 development protect do not own the Subject Property Interests, which are necessary for the intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road, which are an integral part of the proposed Protect Accordingly, it is necessary that the City Counal consider the attached Resolution of Necessity at this time ENVIRONMENTAL ANALYSIS As discussed in detail above, the City studied and analyzed the potential environmental effects of the proposed Protect in connection with its analysis of the potential environmental impacts of the Tentative Tract Map SUBTT18806 pursuant to the requirements of the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000, et seq ,and the CEQA Guidelines, 14 Cal Code Regs Section 15000, et seq The construction of the proposed Protect was studied as an integral part of the Tentative Tract Map SUBTT18806 The Planning Commission studied the potential environmental impacts of the proposed Protect on September 14, 2011 when it considered the Tentative Tract Map SUBTT18806 and adopted Resolution No 11-39 Pursuant to Resolution No 11-39, the Planning Commission determined and resolved, based on the substantial evidence presented to P763 CITY COUNCIL STAFF REPORT- CONSIDERATION OF ADOPTION OF A RESOLUTION FOR TENTATIVE TRACT MAP NO SUBTT18806 June 20, 2012 Page 8 the Planning Commission during the public hearing, including written and oral staff reports and public testimony, that (1) the Tentative Tract Map SUBTT18806 was consistent with the General Plan, Development Code, and any applicable speafic plans, (2) the design or improvements of the Tentative Tract Map SUBTT18806 was consistent with the General Plan, Development Code, and any applicable specific plans, (3) the site was physically suitable for the type of development proposed, (4) the design of the proposed Protect was not likely to cause substantial environmental damage and avoidable intury to humans and wildlife or their habitat, and (5) the proposed Protect was not likely to cause serious public health problems Further, in adopting Resolution No 11-39, the Planning Commission found that based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment on the Tentative Tract Map SUBTT18806 development application, there was no substantial evidence that the Tentative Tract Map SUBTT18806 development protect would have a significant effect upon the environment The City prepared a Mitigated Negative Declaration for Tentative Tract Map No SUBTT18806, Conditional Use Permit DRC2010-01005 and Development Review DRC2011-00165 ("Mitigated Negative Declaration") The County Clerk duly posted the Notice of Determination pursuant to the requirements of CEQA As part of its review the Rancho Cucamonga Planning Commission also considered the Mitigation Monitoring Program, which had been prepared pursuant to Public Resource Code Section 21081 6 and found that the Program was designed to ensure compliance with the mitigation measures during protect implementation Based upon the foregoing findings, the Planning Commission adopted the Mitigation Monitoring Program With regard to the Subtect Property Interests, the Mitigated Negative Declaration and Mitigation Monitoring Program addressed environmental conditions that would encompass the construction of the intersection and roadway improvements at Pecan Avenue (Shelby Place North) For example, the Mitigation Monitoring Plan recognized that the air quality during construction of the proposed Protect could be compromised Therefore, the Planning Commission required that the developers maintain and properly service all construction equipment in order to reduce operational emissions The developers were also required to provide the City with proposed construction schedules and protected equipment use In addition, the Planning Commission regwred that all paints, coatings, asphalt and construction equipment meet or exceed performance standards noted by the South Coast Air Quality Management District ("SCAQMD") In terms of Greenhouse Gas Emissions, the Planning Commission required that the Protect must comply with all rules that assist in reducing short-term air pollutant emissions by treating the Protect site with water to prevent dust and other particles from becoming air born Further, the Planning Commission required that construction should be timed not to interfere with peak-hour traffic and that equipment should not idle for more than five minutes With regards to hydrology and water quality, the Planning Commission required that the developers prepare and implement an erosion control plan to control and prevent offsite and onsite erosion The Planning Commission also required the developers to submit a Storm Water Pollution Prevention Plan to reduce pollutants during construction from entering public drains and to construct temporary berms to prevent discharge of debris onto the streets and private property Finally, in terms of noise, the Planning Commission recognized that it was necessary to control excessive, unnecessary, annoying noise and vibration during construction of the proposed Protect, therefore, the Planning Commission required the developers to limit grading and haul truck deliveries between the hours of 6 31 a m and 7 59 p m and required the developers to limit noise not to exceed the P764 CITY COUNCIL STAFF REPORT- CONSIDERATION OF ADOPTION OF A RESOLUTION FOR TENTATIVE TRACT MAP NO SUBTT18806 June 20, 2012 Page 9 standards speafied in Development Code Section 17 02 120, which sets the basic noise levels during specific periods of time throughout the day After considering the evidence before it at its September 14, 2011 meeting, the Planning Commission adopted the Mitigated Negative Declaration and Mitigation Monitoring Program attached to Resolution No 11-39 and found that there was no substantial evidence that the Tentative Tract Map SUBTT18806 development project would have a significant effect up on the environment In adopting the Mitigated Negative Declaration and the Mitigation Monitoring Program, the Planning Commission made the following findings (i) the Mitigated Negative Declaration was prepared in compliance with CEQA and (u) that based on the imposition of mitigation measures, there is no substantial evidence that the Protect will have a significant impact on the environment The Planning Commission further found that the Mitigated Negative Declaration reflected the independent tudgment and analysis of the Planning Commission, and based on these findings the Rancho Cucamonga Planning Commission adopted the Mitigated Negative Declaration As shown above, the proposed Protect, which would construct intersection and roadway improvements, were conditions of the approval of the Tentative Tract Map SUBTT18806 Thus, the environmental impacts of the proposed Protect, of which the Subject Property Interests are an integral part, were considered in connection with the Tentative Tract Map SUBTT18806 development project All of the environmental documentation prepared in connection with Planning Commission Resolution No 11-39, including any staff reports in connection with Resolution No 11-39, the Mitigated Negative Declaration, Mitigation Monitoring Program, and Notice of Determination have been reviewed by City staff in connection with the proposed Resolution of Necessity and on June 7, 2012, pursuant to the criteria of Section 15162 of the CEQA Gwdelines and Section 21166 of the Public Resources Code, staff concluded that there have been no substantial changes in the Tentative Tract Map SUBTT18806 of which the proposed Protect is an integral part, and no new information of substantial importance has been obtained that would regwre further environmental analysis These environmental findings are the same environmental findings for the proposed acquisition of the Subject Property Interests The General Plan, the Etiwanda Specific Plan, the Development Plan, Planning Commission Resolution No 11-39 along with conditions of approval, the Mitigated Negative Declaration, Notice of Determination, Mitigation Monitoring Program, all updates and all environmental documentation concerning the Tentative Tract Map SUBTT18806 and all Resolutions and project documents regarding the Tentative Tract Map SUBTT18806 are on file in the City Planning Department and are incorporated in this Staff Report by this reference ACTIONS OF CITY PURSUANT TO GOVERNMENT CODE SECTION 7267 2, ET SEQ Pursuant to Government Code Section 7267 2 et seq , the City of Rancho Cucamonga obtained a fair market appraisal of the Subject Property Interests, set lust compensation in accordance with the appraised fair market value and extended a written offer letter on March 26, 2012, to the following owner of record of the Subject Property Interests Lupe Viramontez, Trustee of the Lupe Viramontez Family Trust Dated July 20, 1990 A true and correct copy of the offer letter is on file in the Director of Engineering Services/City Engineer's Office and is incorporated in this Staff Report by this reference Because there were issues with the delivery of mail to the owner of record of the Subject Property Interests, City Staff confirmed that a relative of the owner retrieved the offer letter from a Federal Express office in the City Ms Viramontez contacted the City of Rancho Cucamonga through her attorney, P765 CITY COUNCIL STAFF REPORT- CONSIDERATION OF ADOPTION OF A RESOLUTION FOR TENTATIVE TRACT MAP NO SUBTT18806 June 20, 2012 Page 10 Stephen P Janus, and advised the City that she intended to obtain her own appraisal of the Sublect Property Interests To date, Ms Viramontez and Mr Janus have not advised the City of her appraised value and have not contacted the City regarding the negotiations for the Sublect Property Interests Because no negotiated purchase has been consummated, and the schedule for the proposed Prolect requires that the City Council consider the proposed Resolution of Necessity at this time NECESSARY FINDINGS FOR ADOPTION OF RESOLUTION OF NECESSITY To adopt the proposed Resolution of Necessity, the City Councl must find and determine that A The public interest and necessity regwre the Prolect B The Prolect is planned or located in the manner that will be compatible with the greatest public good and least private injury C The Sublect Property Interests described in the Resolution of Necessity are necessary for the Prolect D The City has made the offer required by Government Code Secticn 7267 2 to the owners of record of the property it seeks to acgwre As noted above, this hearng relates to Issues A, B, C, and D above The amount of lust compensation is not an issue before the City Council at this hearing A The Public Interest and Necessdy Regwre the Prolect As explained above, the City seeks to acgwre the Sublect Property Interests far a public purpose Speafically, the Sublect Property Interests are needed to construct intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road in accordance with the City's collector street and major divided arterial standards as shown on the Circulation Plan and Standards of the General Plan at Section 3 3 1 5 and the Etiwanda Speafic Plan Figures 5-6 and 5-21 The proposed Prolect would (1) provide that the ultimate centerline alignment and 40 foot street width, within the 64 foot right of way, shall mirror Shelby Place on the south side of Base Line Road, (2) provide a minimum width of 26 feet of pavement within available rights-of-way until such time as the west half of the street is widened by future development and design interim improvements to their ultimate configuration, (3) provide 5800 Lumens HPSV street lights, as required, (4) provide traffic signing and signage and R26(s) signs, as required, (5) modify traffic signal equipment and loops, as required, (6) provide curb and gutter, 5 foot sidewalk and street trees on the east aide, and (7) provide a 27-foot radius curb return and access ramp at intersection with Street C (Aviary Drive) The intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road comprising the proposed Prolect are consistent with the City's General Plan, the Development Code and the Etiwanda Specific Plan The proposed Prolect would construct intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road, which are consistent with the City's designations as a collector road and a major divided arterial in its Circulation Element of the General and in accordance with Figures 5-6 and 5-21 of the Etiwanda Specific Plan of Base Line Road As discussed above, the ultimate street network for collector streets, artenal roads and highways designated in the Circulation Plan of the City's P766 CITY COUNCIL STAFF REPORT- CONSIDERATION OF ADOPTION OF A RESOLUTION FOR TENTATIVE TRACT MAP NO SUBTT18806 June 20, 2012 Page 11 General Plan shows what is regwred to provide adequate capaaty for the City's travel needs based on the General Plan land uses and regional growth as forecasted by "SCAG " Based on the growth in the City and the growth resulting from the Tentative Tract Map SUBTT18806 development protect, the proposed improvements ensure that there will be safe traffic arculation at the intersection of Pecan Avenue (Shelby Place North) and Base Line Road and that there will be reduced traffic through the easterly subdivision adtacent to the proposed development The proposed Protect also meets the General Plan's goal of providing circulation improvements where development protects involve existing or planned routes Here, the conditions placed on the Tentative Tract Map development protect regwre the construction of intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road comprising the proposed Protect The proposed Protect also ensures that the level of service along the intersections of Base Line Road are maintained at Level of Service "D" or better, consistent with the policy of the General Plan This standard helps ensure that traffic moves safely and efficiently throughout the community and that traffic delays are kept to a minimum The conditions placed on the Tentative Tract Map SUBTT18806, including the street improvements comprising the proposed Protect, are consistent with the General Plan, which requires adequate mitigation measures prior to, or concurrent with, protect development In addition, the proposed Protect would provide a permanent emergency access for the proposed development Protect as requested by the Rancho Cucamonga Fve Prevention District in its conditions of approval of Tentative Tract Map SUBTT18806 The public interest and necessity requue the proposed Protect to meet the goals of the General Plan and the Etiwanda Specific Plan Growth in and around the City and the Tentative Tract Map SUBTT18806 development protect make the implementation of the proposed Protect necessary at this time The proposed Protect further provides for the public health and safety by ensuring adequate traffic arculation in the vicinity of the Subtect Property Interests and a permanent emergency access into the proposed Protect subdivision B The Project is Planned or Located ~n the Manner that wdl be Compatible wRh the Greatest Public Good and Least Pnvate Injury The Subtect Property Interests are necessary for the proposed Protect, as planned and located, which consists of the construction of intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road The Subtect Property Interests are necessary far the proposed improvements at Pecan Avenue (Shelby Place North) and Base Line Road between Etiwanda Avenue and East Avenue The City's General Plan designates Pecan Avenue (Shelby Place North) as a collector road and designates Base Line Road as a mator divided arterial and the proposed Protect is consistent with those standards As discussed in detail above, the proposed Protect will ensure traffic circulation goals are met and will insure that there is a secondary permanent emergency access into the proposed Protect subdivision As planned and located, the proposed Protect is consistent with the City's General Plan and furthers the goals of improving existing streets and providing adequate traffic arculation to serve this area of the City of Rancho Cucamonga The public health and safety requires that adequate streets and adequate traffic circulation accompany land development The proposed Protect, as planned and located, is necessary to meet the increased growth and development in this part of the City The Subtect Property Interests are necessary for the construction of the P767 CITY COUNCIL STAFF REPORT- CONSIDERATION OF ADOPTION OF A RESOLUTION FOR TENTATIVE TRACT MAP NO SUBTT18806 June 20, 2012 Page 12 proposed Project at Pecan Avenue (Shelby Place North) and Base Line Road between Etiwanda Avenue and East Avenue The larger parcel of which the Subject Property Interests are a part is located at Pecan Avenue (Shelby Place North) and Base Line Road directly between Etiwanda Avenue and East Avenue The acgwsition of the Sublect Property Interests is necessary to allow the City to improve Pecan Avenue (Shelby Place North) and Base Line Road in accordance with City collector street and major divided arterial standards and to ensure adequate traffic arculation and to allow a secondary emergency access C The Sublect Property Interests Descnbed ~n the Resolution of Necessity are Necessary for the Project The proposed acquisition consists of the acquisition of an approximate 6,300 square foot permanent highway easement and an approximate 1200 square foot temporary construction easement for a term of one year on the real property commonly known as 13048 Base Line Road, and identified as San Bernardino County Tax Assessor's Parcel Numbers 0227-131-09 and 0227-131-10, for the construction of the proposed intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road in the vicinity of the Tentative Tract Map SUBTT18806 development protect area As set forth above, the Sublect Property Interests are necessary for the proposed Protect, which implements the Cvculation Element of the General Pian and the collector street and mator arterial standards of the General Plan and the Etiwanda Specific Plan The improvements to the intersection and roadway at Pecan Avenue (Shelby Place North) and Base Line Road cannot be completed without the acquisition of the Sublect Property Interests The Sublect Property Interests are needed to complete the intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road, between Etiwanda Avenue and East Avenue, which include aligning Pecan Avenue (Shelby Place North) with Shelby Place which is on the south side of Base Line Road and the placement of concrete curb, gutter and sidewalk D The City Made the Offer Requued by Government Code Section 7267 2 to the Owners of Record of the Property It Seeks to Acgwre Pursuant to Government Code Section 7267 2, et seq ,the City obtained and approved a fair market value appraisal of the Sublect Property Interests, set lust compensation in accordance with the approved appraisal, and extended a written offer on March 26, 2012 to the owner of record of the Sublect Property Interests, Lupe Viramontez, Trustee of the Lupe Viramontez Family Trust Dated July 20, 1990 A true and correct copy of the offer letter is on fde in the Cdy's Director of Engmeenng Services/City Engmeer's Office and is incorporated in this Staff Report by this reference Ms Viramontez contacted the City, through her attorney, Stephen P Janus, and advised the City that she intended to obtain her own appraisal of the Sublect Property Interests To date, Ms Viramontez has not advised the City of her appraised value and has not contacted the City regarding the negotiations for the Sublect Property Interests Accordingly, the parties have not reached a negotiated purchase at this time P768 CITY COUNCIL STAFF REPORT- CONSIDERATION OF ADOPTION OF A RESOLUTION FOR TENTATIVE TRACT MAP NO. SUBTT18806 June 20, 2012 Page 13 ubmitted, ~ ~, Director of Engineering Services/City Engineer MAS/DAF:rIf Attachment: Vicinity Map `' P769 City ~~f Rancho Cucamc,~ga Engineering Division ~~~~ ~ , -,-~ . 'r~.~ CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION NORTH I I 1 "_ ITEM SUBTT18806 TITLE Acgwsition Agreement EXHIBIT VICINITY MAP P770 RESOLUTION NO 12-102 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED CONSTRUCTION OF INTERSECTION AND ROADWAY IMPROVEMENTS AT PECAN AVENUE (SHELBY PLACE NORTH) AND BASE LINE ROAD OVER A PORTION OF SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0227-131-09 AND 0227-131-10 AS PART OF THE CONDITIONS OF APPROVAL OF TENTATIVE TRACT MAP NO SUBTT18806 THE CITY OF RANCHO CUCAMONGA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS Section 1 The City of Rancho Cucamonga is a muniapal corporation, in the County of San Bernardino, State of California Section 2 The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for a permanent highway easement and a temporary construction easement for a term of one year in connection with the intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road as part of the conditions of approval of tentative tract map SUBTT18806 (the "proposed Project") and all uses necessary and convenient thereto, pursuant to the authority conferred upon the City to acquire property by eminent domain by California Constitution Article I, Section 19, California Government Code sections 37350, 37350 5, 37351, 37353, 40401, 40404, 54031 and 66462 5 and California Code of Civil Procedure section 1230 010 et seq ("Eminent Domain Law"), including, but not limited to, sections 1240 010 through 1240 110, 1240 120, 1240 410, 1240 510, 1240 610, 1240 650, 1245 235, 1255 410 and other provisions of law Section 3 The City seeks to acquire an approximate 6,300 square foot permanent highway easement and a 1,200 square foot temporary construction easement for a term of one year from the real property commonly known as 13408 Base Line Road, and identified as San Bernardino County Tax Assessor's Numbers 0227-131-09 and 0227-131-10 in connection with the proposed Project ("Subtect Property Interests ") City Staff has confirmed that there are no conflicts with the existing easements encumbering the Subtect Property Interests The legal descriptions of the Subject Property Interests are attached as Exhibit "A" and depicted on Exhibit "B" to this Resolution of Necessity Exhibits "A" and "B" are incorporated herein by reference The Subtect Property Interests are requued to facilitate the construction of intersection and roadway improvements to Pecan Avenue (Shelby Place North) and Base Line Road, which is a public use Section 4 The proposed Protect is consistent with and ~s a proposed component of the City's General Plan and of the Etiwanda Specific Plan The street improvements comprising the proposed Protect were placed as conditions of approval on Tentative Tract Map No SUBTT18806 Resolution No 12-102 -Page 1 of 4 P771 The conditions of approval include but are not limited to (a) the ultimate centerline alignment and 40-foot street width, within the 64 foot right of way, shall mirror Shelby Place on the south side of Base Line Road, (b) providing a minimum width of 26 feet of pavement within available rights-of-way until such time as the west half of the street is widened by future development and design interim improvements to their ultimate configuration, (c) providing 5800 Lumens HPSV street lights, as required, (d) provide traffic signing and signage and R26(s) signs, as required, (e) modifying traffic signal equipment and loops, as required, (f) providing curb and gutter, 5 foot sidewalk, and street trees on the east side, and (g) providing a 27-foot radius curb return and access ramp at intersection with Street C (Aviary Dnve) The intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road comprising the proposed Protect are consistent with the City's General Plan, the Development Code and the Etiwanda Specific Plan The proposed Project would construct intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road, which are consistent with the City's designations as a "collector road" and a "major dwided arterial" in its Circulation Element of the General Plan and in accordance with Figures 5-6 and 5-21 of the Etiwanda Speafic Plan of Base Line Road The ultimate street network for collector streets, arterial roads and highways designated in the Circulation Plan of the City's General Plan shows what is required to provide adequate capaaty for the City's travel needs based on the General Plan land uses and regional growth as forecasted by the Southern California Association of Governments Based on the growth in the City and the growth resulting from the Tentative Tract Map SUBTT18806 development Protect, the proposed improvements ensure that there will be safe traffic circulation at the intersection of Pecan Avenue (Shelby Place North) and Base Line Road, which are adjacent to the development Protect area The proposed Protect also meets the General Plan's goal of providing circulation improvements where development projects involve existing or planned routes Here, the conditions placed on the Tentative Tract Map development Project require the construction of intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Lme Road comprising the proposed Protect The proposed Protect also ensures that the level of service along the intersections of Base Line Road are maintained at Level of Service "D" or better, consistent with the policy of the General Plan and General Plan Amendment This standard helps ensure that traffic moves safely and efficiently throughout the community and that traffic delays are kept to a minimum The conditions placed on the Tentative Tract Map SUBTT18806, including the street improvements comprising the proposed Protect, are consistent with the General Plan, which requires adequate mitigation measures prior to, or concurrent with, protect development Further, the proposed Project would also provide emergency access for the proposed development Protect as requested by the Rancho Cucamonga Fire District and would alleviate the amount of traffic from the proposed development Protect using the easterly subdivision as an access point to Base Line Road Section 5 The potential environmental impacts of the proposed Protect were studied and analyzed as an integral part of the Planning Commission's analysis of the potential environmental impacts of the Tentative Tract Map SUBTT18806 pursuant to the regwrements of the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000, et seq , and the CEQA Gwdelines, 14 Cal Code Regs Section 15000, et seq The Planning Commission studied the potential environmental impacts of the proposed Protect on September 14, 2011 when it considered the Tentative Tract Map SUBTT18806 and adopted Resolution No 11-39 Pursuant to Resolution No 11-39, the Planning Commission determined and resolved, based on the substantial evidence presented to the Planning Commission during the public hearing, including written and oral staff reports and public testimony, that (1) the Tentative Tract Map SUBTT18806 was Resolution No 12-102 -Page 2 of 4 P772 consistent with the General Plan, Development Code, and any applicable speafic plans, (2) the design or improvements of the Tentative Tract Map SUBTT18806 was consistent with the General Plan, Development Code, and any applicable specific plans, (3) the site was physically swtable for the type of development proposed, (4) the design of the proposed Protect was not likely to cause substantial environmental damage and avoidable intury to humans and wildlife or their habitat, and (5) the proposed Project was not likely to cause serious public health problems Further, in adopting Resolution No 11-39, the Planning Commission found that based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment on the Tentative Tract Map SUBTT18806 development application, there was no substantial evidence that the Tentative Tract Map SUBTT18806 development Project would have a significant effect upon the environment The City prepared a Mitigated Negative Declaration for Tentative Tract Map No SUBTT18806, Conditional Use Permit DRC2010-01005 and Development Review DRC2011-00165 ("Mitigated Negative Declaration ") The County Clerk duly posted the Notice of Determination pursuant to the regwrements of CEQA As part of its review the Rancho Cucamonga Planning Commission considered the Mitigation Monitoring Program, which had been prepared pursuant to Public Resource Code Section 21081 6 and found that the Program was designed to ensure compliance with the mitigation measures during Project implementation Based upon the foregoing findings, the Planning Commission adopted the Mitigation Monitoring Program With regard to the Subject Property Interests, the Mitigated Negative Declaration and Mitigation Monitoring Program addressed environmental conditions that would encompass the construction of the intersection and roadway improvements at Pecan Avenue (Shelby Place North) and Base Line Road After considering the evidence before it at its September 14, 2011 meeting, the Planning Commission adopted the Mitigated Negative Declaration and Mitigation Monitoring Program attached to Resolution No 11-39 and found that there was no substantial evidence that the Tentative Tract Map SUBTT18806 development Project would have a significant effect up on the environment In adopting the Mitigated Negative Declaration and the Mitigation Monitoring Program, the Planning Commission made the following findings (Q the Mitigated Negative Declaration was prepared m compliance with CEQA and (u) that based on the imposition of mitigation measures, there is no substantial evidence that the Project will have a significant impact on the environment The Planning Commission further found that the Mitigated Negative Declaration reflected the independent judgment and analysis of the Planning Commission, and based on these findings the Rancho Cucamonga Planning Commission adopted the Mitigated Negative Declaration Accordingly, based on the findings and conclusions set forth in Resolution No 11-39, the Planning Commission approved the Tentative Tract Map SUBTT18806, the Mitigated Negative Declaration, and the Mitigation Monitoring Program, subtect to the conditions set forth in the Resolution and in the Standard Conditions attached to Resolution No 11-39 All of the environmental documentation prepared in connection with Planning Commission Resolution No 11-39, including any staff reports in connection with Resolution No 11-39, the Mitigated Negative Declaration, Mitigation Monitoring Program, and Notice of Determination have been reviewed by City staff in connection with the proposed Resolution of Necessity and on June 7, 2012, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that there have been no substantial changes in the Tentative Tract Map SUBTT18806 of which the proposed Project is an integral part, and no new information of substantial importance has been obtained that would require further environmental analysis These environmental findings are the same environmental findings for the proposed acquisition of the Subject Property Interests Resolution No 12-102 -Page 3 of 4 P773 The General Plan, the Etiwanda Speafic Plan, the Development Plan, Planning Commission Resolution No 11-39 along with conditions of approval, the Mitigated Negative Declaration, Notice of Determination, Mitigation Monitoring Program and all environmental documentation concerning the Tentative Tract Map SUBTT18806 and all Resolutions and Protect documents regarding the Tentative Tract Map SUBTT18806 are on file in the City Planning Department and are incorporated in this Resolution of Necessity by this reference Section 6 The City Council of the City of Rancho Cucamonga hereby finds and determines that A The public interest and necessity require the Protect, B The Protect is planned and located in the manner that will be most compatible with the greatest public good and least private intury, C The property described on Exhibit "A" and depicted on Exhibit "B" attached hereto is necessary for the proposed Protect, D The offer required by Section 7267 2 of the Government Code was made to the owners of record Section 7 The City has complied with the notice requirements of Code of Civil Procedure Section 1245 235 Section 8 The findings and declarations contained in this Resolution are based upon the record before the City Council on June 20, 2012, which includes the Staff Report dated March June 20, 2012 and all documents referenced therein, including the environmental documents referenced above, and any testimony, records, and documents produced at the hearing, all of which are incorporated herein by this reference Section 9 The City Counal of the City of Rancho Cucamonga hereby authorizes and directs the City Attorney's office and staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent turisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto Section 10 This Resolution shall take effect upon adoption Resolution No 12-102 -Page 4 of 4 P774 EXHIBIT `A' IN THE CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF THE WEST HALF OF LOT NO 14 IN BLOCK K OF THE PRELIMINARY MAP OF THE ETIWANDA COLONY LANDS, RECORDED IN BOOK 2, PAGE 24 OF MAPS, RECORDS OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS PARCEL"A" BEING THE SOUTHERLY 210 FEET OF THE EAST 30 FEET OF THE WEST 1/2 OF SAID LOT 14, OF BLOCK K" Contammg 6300 s f more or less as shown on Exh~brt "B" and by this reference made a part hereof PARCEL"B" BEING THE NORTHERLY 40 FEET OF THE SOUTHERLY 250 FEET OF THE EAST 30 FEET OF THE WEST 1/2 OF SAID LOT ]4 OF BLOCK "K" Contammg 1200 s f more or less as shown on Ealubrt "B" and by this reference made a part hereof ~iJr~. ,. ~,. ~~,~ S~wiccu ~. ~~4'tb ~ ~ , , ~~ Prepared by ~ MO 25742 I (*' ffxrtsntlll 1"~~ s .~ , ~ ~`~" ns Tluelmann R C E 25743 My Lic Expires 12/3l/11 P775 ETIWANDA ~ BLK I M.B. 0 0 0 0 N II .- _ J ~ z ~ r LINE TABLE BEARING DISTANCE L1 EAST 30 00 S W COR E 1 /2 LOT 14 ~ = f C L BASE LINE ROAD PREPARED BY EXHIBIT "B" PLAT 11 SHEET ~ _OF 1 L1 1 14 0 0 L1 Z L1 ~- WEST LINE OF EAST ONE-HALF LOT 14 PER OR 90-039456 COLONY LANDS „K,~ 2/ 24 E 30' OF W 1 /2 OF LOT 14, BLK "K" OF ETIWANDA COLONY LANDS AS REC IN BOOK 2 OF MAPS, PG 24, RECORDS OF SAN BERNARDINO COUNTY, CA PER ESMT REC 4-23-59 IN PARCEL "B" BK 4797, PG 375 AND REC 2-3-70 IN BK 7382, PG 802 o ~ `~ PARCEL "A" L1 5 No 25~sa ~~ ~ EXP 4~li1111 c~ o t, ~ l / THIELMANN R C E 25742 DATE